A. Available scientific evidence indicates that Chlorofluorocarbons ("CFCs") and Halons, when discharged into the environment, deplete the earth’s protective ozone layer, allowing increased amounts of ultraviolet radiation to penetrate the earth’s atmosphere, thereby posing a long-term danger to human health, life and the environment by increasing such harms as skin cancers, cataracts, suppression of the immune system, damage to crops and aquatic life, and related harms.

B. The release of Halons in testing fire extinguishing systems is a primary source of the release of Halons into the earth’s atmosphere; and, while there is currently no economically feasible technology available as a substitute for the Halon used in certain electrical equipment and industrial fires, many acceptable substitutes are available for household fire extinguishers using Halon.

C. CFCs, marketed under the name "Freon," are widely used in refrigeration and air conditioning systems but there is currently no economically feasible technology available as a substitute for such use of Freon. However, the recapturing and recycling of Freon from auto air conditioning units is feasible and available; such recapture and recycling alone could eliminate nearly twenty percent of all CFC chemicals used nationally.

D. The Montreal Protocol On Substances That Deplete The Ozone Layer (an international pact), which was ratified by the United States on April 21, 1988 and became effective January 1, 1989, calls for reductions in the production, importation and exportation of CFCs to fifty percent of the worldwide 1986 levels by 1998, for a freeze on the production of Halon at 1986 levels beginning January 1, 1992, a phaseout of CFCs by 2000, a phaseout of Trichloroethane (TCAs) by 2005, with up to ten years longer for developing countries.

E. In light of the current and future limitations on the production of CFCs both nationally and internationally, the development and utilization of environmentally safe alternatives to CFCs at this time will create a competitive advantage to those businesses electing to utilize such alternatives prior to the effective date of any comprehensive international, federal, state or local regulation banning the use of CFCs and Halons.

F. The release of CFCs and Halons into the atmosphere is a global danger to the environment; thus, any reduction in the release of said materials within the City of Berkeley will reduce the global danger and will result in a benefit to the overall health and safety of the public inside and outside the City of Berkeley.

G. Recent discoveries have shown that the reductions in CFC levels set forth in the Montreal Protocol may be insufficient to remedy the global health and safety risk created from the release of CFCs and Halons.

H. The City of Berkeley encourages the research and development of environmentally safe alternative technologies and products to replace the use of CFCs and Halons.

I. The City of Berkeley supports all international, federal and state bans on uses of CFCs; however, until such bans have been adopted by the appropriate agencies, responsible action on the part of the City of Berkeley is necessary to reduce CFC and Halon use in order to promote the long-term health, safety and welfare of the general public, and the environment.

J. To protect the environment, and the health, safety and welfare of its citizens, the City of Berkeley herein, by this chapter intends to prohibit the use of ozone-depleting compounds in manufacturing, production, cleansing, degreasing or sterilization activities, to prohibit the sale and use of certain products made of or with ozone-depleting compounds, to require the recapture and recycling of freon and other ozone-depleting compounds, and to significantly reduce the release of Halons into the earth’s atmosphere. (Ord. 6031-NS § 1, 1991)