[Adopted 9-8-2005 by Ord.
No. 1364]
An article to establish requirements to control
littering in the Township of Saddle Brook so as to protect public
health, safety and welfare, and to prescribe penalties for the failure
to comply.
For the purpose of this article, the following
terms, phrases, words and their derivations shall have the meanings
stated herein unless their use in the text of this article clearly
demonstrates a different meaning. When not inconsistent with the context,
words used in the present tense include the future, words used in
the plural number include the singular number, and words used in the
singular number include the plural number. The word "shall" is always
mandatory and not merely directory.
LITTER
Any used or unconsumed substance or waste material which
has been discarded, whether made of aluminum, glass, plastic, rubber,
paper, or other natural or synthetic material, or any combination
thereof, including but not limited to any bottle, jar or can, or any
top, cap or detachable tab of any bottle, jar or can, any unlighted
cigarette, cigar, match or any flaming or glowing material or any
garbage, trash, refuse, debris, rubbish, grass clippings or other
lawn or garden waste, newspapers, magazines, glass, metal, plastic
or paper containers or other packaging or construction material, but
does not include the waste of the primary processes of mining or other
extraction processes, logging, sawmilling, farming or manufacturing.
PERSON
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
This article shall be enforced by the Saddle
Brook Police Department and/or other Township officials of the Township
of Saddle Brook.
Any person(s) who continues to be in violation
of the provisions of this article, after being duly notified, shall
be subject to a fine not to exceed $5,000.
[Adopted 8-1-2019 by Ord. No. 1660-19]
As used in this article, the following terms shall have the
meanings indicated:
GOODS AND PRODUCTS
Things and items that are prepared and made to be sold, including,
but not limited to, clothing, groceries, prepared food, foodstuffs,
meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco
products, toys, and any and all other things and items sold at retail
by businesses and stores.
HEALTH OFFICER
The individual charged with the enforcement of this article.
PRODUCE BAG or PRODUCT BAG
Any bag without handles that is used exclusively to segregate
produce, meats, other food items, and merchandise to carry them inside
the store to the point of sale or to prevent such items from coming
into direct contact with other purchased items, where such contact
could damage or contaminate other food or merchandise when placed
together in a reusable or recycled bag.
RECYCLABLE PAPER CARRY-OUT BAG
A paper bag that is 100% recyclable overall, contains a minimum
of 40% post-consumer recycled material, displays the words "recyclable"
and "made from at least 40% postconsumer recycled content" in a highly
visible manner on the outside of the bag, and is compostable.
RETAIL
The sale of goods and products for use and/or consumption.
RETAIL ESTABLISHMENT or RETAIL STORE
Any commercial enterprise, whether or not operated for profit,
including, but not limited to, mercantile establishments, department
stores, food service establishments, restaurants, pharmacies, convenience
and grocery stores, liquor stores, supermarkets, clothing stores,
seasonal and temporary businesses, jewelry stores, and stores which
sell household goods, or any other commercial establishment not specifically
identified herein, which utilizes disposable plastic carryout bags
for the conveyance of merchandise, but excluding bazaars or special
events operated by a nonprofit organization or religious institution.
REUSABLE BAG
A bag with handles that is specifically designed and manufactured
for multiple reuse and is either made from polyester, polypropylene,
cotton or other durable material or plastic which is at least 2.25
mils in thickness and meets the following criteria:
A.
Has a minimum lifetime capability of 125 or more uses carrying
22 or more pounds over a distance of at least 175 feet; and
B.
Is capable of being washed so as to be cleaned and disinfected
multiple times.
SINGLE-USE PLASTIC CARRY-OUT BAG
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or other plant
sources, that is provided by an operator of a retail establishment
or store to a customer at the point of sale. The term also includes
bags that are compostable or biodegradable, but does not include reusable
bags, produce bags or product bags (as defined above). This definition
specifically exempts the following from the category of "single-use
plastic carry-out bag":
A.
Bags provided by operators and used by consumers inside retail
establishments or stores to:
(1)
Package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items;
(2)
Contain or wrap frozen foods, meat, or fish, whether packaged
or not;
(3)
Contain or wrap flowers, potted plants, or other items where
dampness may be an issue;
(4)
Contain unwrapped prepared foods or bakery goods; or
(5)
Contain prescription drugs.
B.
Newspaper bags, door-hanger bags, laundry and/or dry-cleaning
bags, or bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags, yard waste bags, or pet waste
bags.
All retail establishments or stores shall provide customers
only reusable bags and/or recyclable paper bags. No retail establishment
or store shall provide any single-use plastic carryout bags to a customer
at the checkout stand, cash register, point of sale, or other point
of departure for the purpose of transporting products or goods out
of the business or store, except as otherwise provided in this article.
All retail establishments or stores must provide at the point
of sale, free of charge, compliant bags, at the retail establishment
or store operator's option, to any customer who participates
in or is the beneficiary of any United States government federal welfare
program, or any local or Bergen County welfare assistance program,
or any New Jersey State welfare program, including but not limited
to the New Jersey Supplemental Nutritional Assistance Program (SNAP)
or the New Jersey State Supplemental Security Income Program (SSI).
A designee appointed by the Mayor may approve a written request
for a temporary exemption from the requirements of this article by
any operator of a retail establishment or store, with or without conditions,
due to demonstrated hardship in implementing this article in the time
set forth.
A. Exemption decisions are effective upon Mayoral approval and are final,
and they are not appealable except as otherwise provided for by law.
B. The Township of Saddle Brook establishes a fee for exemption requests
of $25.
C. Temporary exemptions may be granted for a period of three months
to six months.
Each retail establishment or store violating any of the provisions
of this article shall, upon conviction thereof, be liable for a penalty
as provided by law.
A. The Health Official or his/her designee has the responsibility for
enforcement of this article and may promulgate reasonable rules and
regulations in order to enforce the provisions thereof, including,
but not limited to, investigating violations and issuing fines.
B. Any retail establishment or store that violates or fails to comply
with any of the requirements of this article after an initial written
warning notice has been issued for that violation shall be liable
for an infraction.
C. If a retail establishment or store has subsequent violations of this
article after the issuance of an initial written warning notice of
a violation, the following penalties will be imposed and shall be
payable by the operator of the retail establishment or store:
(1) A fine not exceeding $50 for the first violation after the written
warning notice is given;
(2) A fine not exceeding $100 for the second violation after the written
warning notice is given; or
(3) A fine not exceeding $200 for the third and any subsequent violations
after the written warning notice is given.
Nothing in this article is intended to create any requirement,
power or duty that is in conflict with any federal or state law.
All ordinances or parts thereof in conflict or inconsistent
with this article are hereby repealed to the extent of such conflict
or inconsistency.
The provisions of this article are declared to be severable
and if any section, subsection, sentence, clause or phrase thereof
for any reason be held to be invalid or unconstitutional by a court
of competent jurisdiction, such decision shall not affect the validity
of the remaining sections, subsections, sentences, clauses and phrases
of this article, but they shall remain in effect; it being the legislative
intent that this article shall stand notwithstanding the invalidity
of any part.
This article shall take effect on January 1, 2020.