[HISTORY: Adopted by the Mayor and Council
of the Borough of Sea Bright 1-30-1989 (Ch. 10, Art. 16, of the Codified Ordinances); amended in its entirety 12-17-2019 by Ord. No.
23-2019. Subsequent amendments noted where applicable.]
The intent of this chapter is to adopt regulations relating
to and limiting the use of single-use plastic bags, polystyrene foam
containers, plastic utensils and plastic straws by businesses in the
Borough of Sea Bright. The regulations are intended as necessary and
proper steps by the Borough to address a significant global problem
relating to the sale and use of single-use plastic bags, polystyrene
foam containers, plastic straws and plastic utensils, to further incentivize
the use of reusable bags at businesses, and ultimately, to protect
the environment, wildlife, and the public health, welfare and safety.
The following words, phrases and terms as used in this chapter
are hereby defined for the purpose thereof as follows.
A bag provided by a bait shop that is used to bring live
and dead bait from the point of sale outside of the retail establishment.
[Added 4-21-2020 by Ord.
No. 4-2020]
For the purpose of this chapter, any retail establishment
that engages in the retail sale of good and products. The definition
includes, but is not limited to, pharmacies, supermarkets, grocery
stores, convenience stores, clothing stores, surf shops, dry cleaners,
food marts, and food service establishments.
Any bag that is provided by a store to a customer at the
point of sale to carry food items, goods or other products purchased
or provided.
[Added 4-21-2020 by Ord.
No. 4-2020]
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.
A carry-out bag that is made out of paper. The terms "paper
bag" and "paper carry-out bag" shall be interchangeable in this chapter.
[Added 4-21-2020 by Ord.
No. 4-2020]
A synthetic material made from linking monomers through a
chemical reaction to create an organic polymer chain that can be molded
or extruded at high heat into various solid forms, including material
derived from either petroleum or biologically based polymer, such
as corn or other plant sources. This shall include anything made from
recycled plastic.
[Added 4-21-2020 by Ord.
No. 4-2020]
Any nonwoven, flexible plastic, including, but not limited
to, those made from polyethylene and polystyrene.
[Added 4-21-2020 by Ord.
No. 4-2020]
A flexible synthetic resin made by polymerizing ethylene,
chiefly used for plastic bags, food containers, and other packaging.
[Added 4-21-2020 by Ord.
No. 4-2020]
A flexible synthetic resin which is a polymer of styrene,
chiefly used for plastic bags, food containers, and other packaging.
[Added 4-21-2020 by Ord.
No. 4-2020]
Blown polystyrene and expanded and extruded foams that are
thermoplastic petrochemical materials utilizing a styrene monomer
and processed by a number of techniques, including, but not limited
to, fusion of polymer spheres (expandable bead polystyrene), injection
molding, foam molding, and extrusion-blow molding (extruded foam polystyrene).
[Added 4-21-2020 by Ord.
No. 4-2020]
A product made, in whole or in part, of polystyrene foam
that is used for selling or providing a food or beverage, and includes,
but is not limited to, a food container, plate, hot or cold beverage
cup, meat or vegetable packaging, or egg carton.
[Added 4-21-2020 by Ord.
No. 4-2020]
Any bag without handles that is used exclusively to segregate
produce, meats, other food items, and merchandise to the point of
sale inside a store 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.
The sale of goods and products for use and/or consumption.
A durable handled bag that is specifically designed and manufactured
for multiple reuse and is either i) made of cloth or other machine
washable fabric, or ii) made of polyester, cotton, or other durable
material. The terms "reusable carry-out bag" and "reusable bag" shall
be interchangeable in this chapter.
[Amended 4-21-2020 by Ord. No. 4-2020]
A bag, sheet, or receptacle produced or manufactured from
plastic film provided at the check-out stand, cash register, point
of sale, or other point of departure for the purpose of transporting
goods or products out of the establishment. The term "single use,
plastic carry-out bag" shall not include reusable bags, produce bags,
product bags, or bait bags.
[Amended 4-21-2020 by Ord. No. 4-2020]
An unsaturated liquid hydrocarbon obtained as a petroleum
by-product which, when polymerized, is used to make plastics and resins.
[Added 4-21-2020 by Ord.
No. 4-2020]
No business or store shall provide any single-use, plastic carry-out
bags; polystyrene foam containers; plastic straws or plastic utensils
to a customer at the check 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 chapter.
A.Â
Upon the specific request of any customer, a business or store may
provide said customer with plastic utensils. It shall be a violation
of this chapter for any business or store to offer plastic utensils
unless requested by the customer. Additionally, this chapter should
not be read as prohibiting cups or containers which may be utilized
for more than a single serving.
B.Â
This chapter shall not be read as applying to bait bags.
[Added 4-21-2020 by Ord.
No. 4-2020]
A.Â
A store may provide a customer with a single-use paper carry-out
bag or a reusable carry-out bag, provided that the store shall impose
and collect a minimum bag fee of $0.10 for each such bag. No store
shall be required to charge such fee for a produce or product bag.
All monies collected under this provision shall be retained by the
store.
B.Â
All paper carry-out bags must be 100% recyclable and include a minimum
of 40% post-consumer recycled content.
C.Â
The store shall indicate on the sales or other receipt given to the
customer the total number of single-use paper carry-out bags provided
to the customer and the total fee charged to the customer.
D.Â
No store shall charge a carry-out bag fee for bags of any kind provided
by the customer in lieu of a carry-out bag provided by the store.
E.Â
No store shall prevent a person from using a bag of any kind that
they have brought to the store for the purpose of carrying items from
such store.
[Amended 4-21-2020 by Ord. No. 4-2020]
No person shall possess a plastic balloon anywhere within the
Borough. No person shall release a plastic balloon into the atmosphere
from any location within the Borough.
