Ordinance No. 95-21-120ORDINANCE NO. 95-21-120
AN ORDINANCE OF THE CITY OF ATLANTIC BEACH, FLORIDA
AMENDING CHAPTER 5 OF THE ATLANTIC BEACH CODE OF
ORDINANCES, BEACHES AND PARKS, TO ADD NEW SECTION 5-5,
PROHIBITION OF THE USE, SALE OR DISTRIBUTION OF
POLYSTYRENE FOAM PRODUCTS ON CITY PROPERTIES AND
THE BEACH, TO PROVIDE DEFINITIONS AND RENUMBER THE
SUBSEQUENT CODE SECTIONS; PROVIDING FOR CONFLICT;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
Whereas, the City Commission encourages the advancement of environmental
sustainability of the City of Atlantic Beach (COAB) by reducing the use of polystyrene foam
products(trademarked Styrofoam)on city properties and the beach and encourages biodegradable,
compostable, recyclable and reusable alternatives; and
Whereas, the City of Atlantic Beach desires to lead by example in the prohibition, sale,
use and distribution of polystyrene foam products on city properties and the beach and encourages
others to do so as well; and
Whereas, the City Commission finds that the impacts of polystyrene foam products
trademarked Styrofoam) are threatening the health of citizens, wildlife and the environment; and
Whereas, the City Commission finds that the use of polystyrene foam products have a
significant impact on the health of humans and marine life; as they contain likely cancer causing
chemicals and adversely impact the natural environment as litter and polystyrene foam never fully
degrades and bioaccumulates in marine life resulting in potential harm both to the marine life and
consumers; and
Whereas, the City Commission finds that over 30 million pounds of polystyrene foam
products made in the US annually end up as litter in our environment and will continue to
accumulate.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION ON
BEHALF OF THE PEOPLE OF THE CITY OF ATLANTIC BEACH,FLORIDA:
SECTION 1. Regulation Added and Renumber Subsequent Sections.New Section 5-5, is
hereby added to the Code of Ordinances of the City of Atlantic Beach, Florida, and existing
Section 5-5, 5-6, 5-7 and 5-8 are renumbered to read as follows:
Sec. 5-5. Prohibition on the use,sale or distribution of polystyrene foam products on city
properties and the beach.
a) The use, sale or distribution of polystyrene foam products is prohibited on city property and
the beach by the city and by vendors. The City shall not purchase polystyrene foam products
Ordinance No. 95-21-120 Page 1 of 4
for its use nor enter into any contract for food or drink which permits the use, sale or
distribution of polystyrene foam products.
b) Vendors:
1) Vendors are prohibited from using, selling or distributing food or drinks packaged in
polystyrene foam products on city property or the beach.
2) Every vendor entering into a contract, lease, rental agreement, permit or other agreement
with a third party for the provision of-food or drinks on city property or the beach, shall
include in such agreement reference to the prohibitions in this section.
3) A violation of any prohibition or requirement of this section shall be grounds for
revocation by the city of a contract, lease, rental agreement, permit or other agreement
with a vendor or third party.
c) The prohibitions in this section shall be suspended during a city-declared state of emergency.
d)For clarity,the prohibitions in this section are not applicable to individuals or other non-vendors
using city property or the beach. By way of example only, but not to limit the foregoing
sentence, individuals may bring polystyrene foam products into a park for birthday parties or
picnics and City employees and invitees may bring polystyrene foam products to city
buildings.
e) "Polystyrene foam" shall mean blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer and processed by any
number of techniques, including, but not limited to, fusion of polymer spheres (expandable
bead polystyrene), injecting molding,foam molding, and extrusion-blown molding(extruded
foam polystyrene. Polystyrene foam is commonly used to make disposable cups, bowls,
plates,trays,clamshell containers,meat trays,and egg cartons and is commonly though often
incorrectly referred to by the trademark name "Styrofoam."
f) "Polystyrene foam products" shall mean products made from polystyrene foam that are
designed for distributing food or drink, such as containers,bowls,plates,trays,cups,and lids
and which are intended to be disposable and polystyrene foam coolers/ice chests that are not
wholly encapsulated or encased within a more durable material.
g)For the purpose of this section, "vendor" shall mean a person or entity who is contracted by the
City to sell or distribute food or drinks on city property or the beach or is hired by third parties
to sell or distribute food or drinks on city property or the beach.
Sec. 5-6. - Surfboards.
It shall be unlawful for any person to surf or to use or ride a surfboard in the surf adjacent to the
beach within the corporate limits of the city at any time and at any location unless the surfboard
has securely fastened to it a tether not exceeding eight (8) feet in length, the free end of which
must be securely bound to either the ankle or wrist of the surfer.
Sec. 5-7. - Parking of sailboats not to obstruct lifeguard activities.
It shall be unlawful for any person to park a sailboat or catamaran on the beach in any manner
which will obstruct the view of lifeguards performing lifeguard activities.
Ordinance No. 95-21-120 Page 2 of 4
Sec. 5-8. - Operation of motorized apparatus within two hundred feet of beach.
It shall be unlawful for any person to operate any motorized boat or other motorized apparatus
within two hundred (200) feet of the beach. Personal watercraft, sailboats, and similar watercraft,
which require transport by use of a motor vehicle, will only be launched at the Atlantic Boulevard
ramp.
Sec. 5-9. - Parking of sailboats, catamarans, and vessels.
a) It shall be unlawful for any person to park or leave unattended a sailboat, catamaran, or other
vessel on the beach for more than seventy-two(72)hours without first notifying and receiving
permission from the chief of police or his designee.A sailboat,catamaran,or vessel shall only
be allowed to park over seventy-two(72)hours between May 1 to September 30 of each year.
At no time will any sailboat, catamaran, or other vessel be allowed to park west of the dune
line, on a beach access, or public right-of-way.
b) Before the chief of police or his designee gives permission for the owner of a sailboat,
catamaran, or other vessel to be parked over seventy-two (72) hours on the beach, the owner
must provide proof of ownership, description, serial number, hull number or other
identification number, and the location desired for parking same. Permission to park, and the
location requested, is at the sole discretion of the chief of police. The chief of police may
develop additional rules to govern such parking to protect the public's safety.
c) Any person who parks a sailboat or catamaran or other vessel in violation of this section is
subject to having such sailboat, catamaran, or other vessel towed at the owner's expense.
Ord. No. 95-03-83, § 1, 1-27-03)
Secs. 5-10-5-15. - Reserved.
SECTION 2. Conflict. All ordinances, resolutions, official determinations or parts thereof
previously adopted or entered by the City or any of its officials and in conflict with this Ordinance
are repealed to the extent inconsistent herewith.
SECTION 3. Severability. If a Court of competent jurisdiction at any time finds any provision
of this Ordinance to be unlawful,illegal,or unenforceable,the offending provision shall be deemed
severable and removed from the remaining provisions of this Ordinance which shall remain in
full force and intact.
SECTION 4. Effective Date. This ordinance shall take effect on March 1, 2022.
PASSED by the City Commission on first reading this 22"day of November, 2021.
Ordinance No. 95-21-120 Page 3 of 4
PASSED by the City Commission on second and final reading this 13th day of December,
2021.
CITY OF • , • NTIC BEACH
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Ellen Glasser, Mayor
Attest:
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Donna L. Bartle, City Clerk
Approved as to form and correctness:
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Bre M. Du •en City Attorney
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