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ORDINANCE 2235 <br />ORDINANCE OF THE TOWN OF LOS GATOS ADDING ARTICLE III TO CHAPTER <br />10 OF THE TOWN OF LOS GATOS MUNICIPAL CODE TO PROHIBIT THE USE <br />OFPOLYSTYRENE FOAM DISPOSABLE FOOD SERVICE CONTAINER -WARE BY <br />FOOD PROVIDERS <br />THE TOWN COUNCIL OF THE TOWN OF LOS GATOS DOES ORDAIN AS <br />FOLLOWS: <br />SECTION I <br />Chapter 10 of the Los Gatos Town Code is amended to add Article III, Section <br />(10.30.010 - 10.30.040) shall read as fully set forth in Exhibit A. <br />SECTION II <br />In the event that any part of this ordinance is held to be invalid, the invalid part or parts <br />shall be severed from the remaining portion of the ordinance which shall remain in full force and <br />effect. <br />SECTION III <br />It is the intent of the Town Council of the Town of Los Gatos to supplement State and <br />Federal law and to not duplicate or contradict such law, and this ordinance shall be construed <br />consistently with that intention. If any section, subsection, sentence, clause, or phrase of this <br />ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity <br />of the other remaining portions of this ordinance. The Town Council hereby declares that it <br />would have passed this ordinance and each section, subsection, sentence, clause, or phrase <br />thereof, irrespective of the fact that any one or more sections, subsection, sentences, clauses, or <br />phrases be declared unconstitutional. <br />SECTION IV <br />On August 27, 2013, the City of San Jose adopted a Negative Declaration ( "ND ") based <br />on a Program Initial Study ( "IS ") that analyzed the impacts of this expanded polystyrene foam <br />food service container -ware ordinance if adopted in cities throughout the County of Santa Clara <br />as well as neighboring jurisdictions. The ND was adopted pursuant to the California <br />Environmental Quality Act, Public Resources Code Section 21000 et seq. ( "CEQA ") and the <br />CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. It is <br />incorporated by reference herein. <br />Page 1 of 6 <br />