1973-005 OrdinanceOP4)INANCE NO. 19 73 - .5
Offered by ]tayor Hartlaub
ENACTING A CHAPTER 3 7, VILLAGE
CODE OF 1960, ENTITLED "WATEK
POLLUTION CONTROL", RE~UI RING THE
LABE LIND OF PH OS PHATE CONTEHT OF
DETERGENTS, LIHITING TI:!E PHOSPIIATE
CONTENT OF DETERGENTS, AND PROVIDING
A PElqALTY FOR THE VIOLATION THEREOF.
BE IT ENACTED BY TEE COUNCIL OF ItlE CITY OF FAIRLAWN:
Section 1. The Village Code of 1960 is hereby amended and supplemented by
the addition thereto of a new chapter to be designated as
Chapter 37 "Water Pollution Control", and providing as follows:
CHAPTEK 37 WATER POLLUTION CONTROL
Section 37.2 Definitions
..
(a) The term "synthetic detergent" or'~etergent" means any
cleaning 'compound which is available for household use, laundry
use, other personal uses or industrial use, which is composed
of organic and inorganic compounds, including soaps, water
softeners, surface active agents, dispersing agents, foaming
agents, buffering agents, builders, fillers, dyes, enzymes
and fabric softeners, whether in the form of crystals, pow-
ders, flakes, bars, liquids, sprays, or any other form.
(b) The term "polyphosphate builder" or "phosphorous"
means a water softening and soil suspending agent made from
condensed phosphates, including pyrophosphates, triphosphates,
tripolyphosphates, metaphosphates and §lassy phosphates,
used as a detergent ingredient, but shall not include "poly-
phosphate builders" or "phosphorous" which is essential for
medical, scientific or special engineering use under such
conditions and regulations as may be prescribed, after
hearing, by the ' Bo.a~.d o~f:lt.~l,~l~::of the Summit County General
Health District.
(c) The term "recommended use level,' means the amount of
synthetic detergent or detergent which the manufacturer
thereof recommends for use per rash load, at which level said
synthetic detergent or oetergent will effectively perform its
intended function.
(d) The term "machine dishwasher" means equipment manu-
factured for the purpose of cleaning dishes, glassware and
other utensils involved in food preparation, consumption or
use, using a combination of water agitation and high
temperatures.
(e) The terms "dairy equipment", "beverage equipment"
and "food processing equipment" mean that equipment used
in the production of milk and dairy products, foods and
beverages, including the processing, preparation or
packaging thereof' for consumption.
(f) The term "industrial cleaning equipment" means
machinery and other tools used in cleaning processes during
the course of industrial manufacturing, production and
assembly.
Ordinance 19 73- 5
Page 1
Ordinance 1973-5, Page 2
Section 37.4 Labeling
It shall be unlawful for any person, firm or corporation to sell, offer or
furnish any synthetic detergent or detergents, whether in the form of crystals,
pwders, flakes, bars, liquids, sprays, or any other form, in the City of Fairlawn,
unless the container, wrapper or other packaging thereof shall be clearly
labeled with respect to its polyphosphate builder or phosphorus ingredient
content clearly and legibly set forth thereon in terms of'percentage of phosphorus
by weight, expressed as elemental phosphorus per container, wrapper or other
packaging thereof, as well as grams of phosphorus, expressed as elemental
phosphorus, per recommended use level.
Section 37.6 Limitations
(a) It shall be unlawful for any person, firm or corporation to sell,
offer or expose for sale, give or furnish any synthetic detergent or detergents
containing any phosphorus, expressed as elemental phosphorus, excluding
synthetic detergents or detergents manufactured for machine dishwashers, dairy
equipment, beverage equipment, food processing equipment and industrial cleaning
equipment, within,' the City of Fairlawn.
(b) The concentration of phosphorus by w~ight, expressed as elemental
phosphorus in any synthetic detergent or detergents shall be determined by
the current applicable method prescribed by the American Society for Testing
and Materials (A. S.T.M. ).
Section 37.8 Penalties
Any person found guilty of violating, disobeying, omitting, neglecting,
or refusing to comply with any of the provisions of this Chapter, except when
otherwise specifically provided, upon conviction thereof shall be punished by
a fine of not less than One Hundred Dollars ($100.00) nor more than Three
Hundred Dollars ($300.00) for the first offense, and not less than Three Hundred
Dollars ($300.00), nor more than Five Hundred. Dollars ($500.00) for the second
and each subsequent offense, in any 180-day period, or shall be punishable as
a misdemeanor by incarceration in the county jail for a term not to exceed
six months, or by both fine and imprisonment. A separate and distinct offense
shall be regarded as committed each day on which such person shall continue or
permit any such violation.
Section 2: This Ordinance shall become effective from and after February 1, 1973.
Pas sed: January 22, 1973
William F. Reed, Clerk of Counci
Hartlaub, Mayor
jg~S'eph,.?~. Sansonetti
Pgesid~nt of Council
Approved as to form:
Director
of Law
I, William F. Reed, Clerk of Council of the City of Fairlawn, Summit County,
Ohio, do hereby certify that the foregoing Ordinance No. 1973-5 was duly and
regularly passed by the Council at a Regular Meeting on January 22, 1973.
This is to certify that on /-,,~/-7,3 the
within Ordinance'Resolution was published by. .
~, ,. ~,,os*;no a true copy of the same in five public
places within the City as prescr d. 1972-108.
Clerk of Council
William F. Reed,
Ordinance 1973-5 ' Page 2