Madison, WI Header
File #: 56836    Version: Name: Regulate distribution of plastic straws
Type: Ordinance Status: Passed
File created: 7/30/2019 In control: Attorney's Office/Approval Group
On agenda: 2/4/2020 Final action: 2/4/2020
Enactment date: 5/13/2020 Enactment #: ORD-20-00019
Title: 3rd SUBSTITUTE Creating Section 23.62 and amending Section 1.08(3)(a) of the Madison General Ordinances to regulate the distribution of plastic straws and plastic stir sticks in the City of Madison and establish a bail deposit for violation thereof.
Sponsors: Syed Abbas, Grant Foster, Patrick W. Heck, Lindsay Lemmer, Sally Rohrer
Attachments: 1. 3rd Substitute, 2. 2nd Substitute, 3. Substitute, 4. Body, 5. 10/21/19 Chair_Co-Chair_DRC Letter.pdf, 6. EDC Presentation 8.21.19, 7. Quam Public Comment at EDC 8-21-19
Date Ver.Action ByActionResultAction DetailsMeeting DetailsWatch
2/4/20204 COMMON COUNCIL AdoptPass Action details Meeting details Not available
1/23/20203 DISABILITY RIGHTS COMMISSION RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICERPass Action details Meeting details Not available
12/3/20193 COMMON COUNCIL Re-referPass Action details Meeting details Not available
11/25/20193 SUSTAINABLE MADISON COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICERPass Action details Meeting details Not available
10/28/20192 SUSTAINABLE MADISON COMMITTEE RECOMMEND TO COUNCIL TO ADOPT - REPORT OF OFFICERPass Action details Meeting details Not available
10/24/20192 DISABILITY RIGHTS COMMISSION    Not available Meeting details Not available
9/26/20191 DISABILITY RIGHTS COMMISSION Return to Lead with the Following Recommendation(s)Pass Action details Meeting details Not available
8/21/20191 ECONOMIC DEVELOPMENT COMMITTEE Return to Lead with the Recommendation for ApprovalPass Action details Meeting details Not available
8/6/20191 SUSTAINABLE MADISON COMMITTEE Referred  Action details Meeting details Not available
8/6/20191 SUSTAINABLE MADISON COMMITTEE Referred  Action details Meeting details Not available
8/6/20191 COMMON COUNCIL Referred  Action details Meeting details Not available
7/30/20191 Attorney's Office/Approval Group Referred for Introduction  Action details Meeting details Not available

Fiscal Note

The monetary penalty for a restaurant violating any provision of this proposed ordinance will be a fine of $25 for a first-time offense.

Title

3rd SUBSTITUTE Creating Section 23.62 and amending Section 1.08(3)(a) of the Madison General Ordinances to regulate the distribution of plastic straws and plastic stir sticks in the City of Madison and establish a bail deposit for violation thereof.

Body

DRAFTER'S ANALYSIS:  Routinely, restaurants prepare drinks for dine-in customers and automatically put a plastic straw or plastic stir stick in the drink.  Often, dine-in customers do not actually use the straw or stir stick, which, having already been placed in the drink, then must go to waste. The purpose of this ordinance is therefore to prevent this “involuntary” use of straws and stir sticks by prohibiting restaurants from preparing drinks with plastic straws or stir sticks for dine-in customers unless the dine-in customer expresses a desire to have a plastic straw or stir stick.  

 

This ordinance is not meant discourage restaurants from having straws on site for customers who may wish to use them, including specifically for individuals with disabilities who may depend on straws to consume a beverage. To that end, this substitute clarifies that this ordinance does not prohibit restaurant staff from asking if dine-in customers want a plastic straw or stir stick or from leaving those items out for dine-in customers to take voluntarily.  This substitute also reduces the fine for violations of this ordinance.  Finally, this substitute delays the effective date of this ordinance to three-months after the enactment date in order to give restaurants time to implement any changes that may be required by the ordinance. 

 

The City has the authority under Wis. Stat § 62.11(5) to enact an ordinance to prohibit or regulate the use of plastic straws, and that authority is not withdrawn by Wis. Stat § 66.0419, which prohibits municipalities from regulating the use of containers, specifically plastic grocery bags, not plastic straws. The two operative phrases of Wis. Stat. § 66.0419 are: “a bag, cup, bottle, can, or other packaging that is designed to be reusable or single-use” and “that is designed for transporting or protecting merchandise, food, or beverages from a food service or retail facility.” The Wisconsin Supreme Court defines terms not statutorily defined by referring to dictionary definitions, and dictionary definitions for these terms do not include straws. Accordingly, a straw is not packaging and a straw is not designed for transporting or protecting liquids from a food service or retail facility, and thus may be regulated by local units of government.

 

This third substitute was necessary to incorporate changes requested by the Disability Rights Commission. 

 

This ordinance shall take effect three months from the date of enactment.

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The Common Council of the City of Madison do hereby ordain as follows:

 

                     Please see "3rd Substitute" in Attachments.