[HISTORY: Adopted by the Board of Commissioners of the Borough of Longport 11-20-2015 by Ord. No. 2015-14. Amendments noted where applicable.
Garbage, rubbish and refuse — See Ch. 105.
When used in this chapter, the following terms shall have the following meanings:
- The Borough of Longport.
- CARRY-OUT BAG
- A single-use or reusable bag that is provided by a covered store to a customer at the point of sale and is used to carry goods from such store. Such term shall not include reusable carry-out bags or exempt bags.
- The Commissioner responsible for oversight of the Public Works Department.
- COVERED STORE
- A food service establishment and a retail or wholesale establishment engaged in the sale of personal, consumer or household items, including, but not limited to, drug stores, pharmacies, grocery stores, supermarkets, convenience food stores, or food marts, that provide carry-out bags to consumers in which to place items purchased or obtained at such establishment.
- EXEMPT BAG
- Any of the following: A bag without handles to carry produce, meats, dry goods or other non-prepackaged food items to the point of sale within a store or market to prevent such food items from coming into direct contact with other purchased items; a bag provided by a pharmacy to carry prescription drugs; or any other bag to be exempted from the provisions of this chapter as determined by the Commissioner.
- FOOD SERVICE ESTABLISHMENT
- Any establishment located in the Borough which serves made-to-order food for dine-in, takeout or delivery.
- GOVERNING BODY
- The Commissioners of the Borough of Longport.
Covered stores shall charge a fee of not less than $0.10 for each carry-out bag provided to any person. No covered store shall be required to charge such fee for an exempt bag. All monies collected by a covered store under this chapter shall be retained by the store.
No covered 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 any such covered store.
No covered store shall prevent a person from using a bag of any kind that he or she has brought to any such covered store for purposes of carrying goods from such store.
No later than March 1, 2016, and annually thereafter, the Commissioner shall report to the governing body on the progress of carry-out bag reduction, which may include the following:
The amount of carry-out bags in the residential waste and recycling streams;
The amount of carry-out bags identified as litter on streets, sidewalks and in parks;
The amount of carry-out bags found in city storm drains;
The number of warning notices or notices of violation issued pursuant to this chapter;
Any estimated cost savings for the city attributable to carry-out bag reduction such as reduced contamination of the residential recycling stream, or reduction in flooding or combined sewer overflows.
The Commissioner shall establish an outreach and education program aimed at educating residents and covered stores on reducing the use of single-use carry-out bags and increasing the use of reusable carry-out bags.
To the extent practicable, the Commissioner shall seek the assistance of private entities and local not-for-profit organizations to provide and distribute reusable carry-out bags.
Any notice of violation issued pursuant to this chapter shall be returnable to the Borough Municipal Court, which shall have the power to impose civil penalties as provided herein.
The Department of Code Enforcement shall have the authority to enforce the provisions of this chapter.
Beginning on the first Tuesday three months after the effective date of this chapter, any covered store that violates this chapter or any rules promulgated pursuant thereto shall receive a warning notice for the first violation.
Beginning nine months after the effective date of this chapter, any store that violates this chapter or any rules promulgated pursuant thereto subsequent to receiving a warning notice for a first violation pursuant to Subsection C of this section shall be liable for a civil penalty of $250 for the first violation after receiving a warning and $500 for any subsequent violation of the same section or subsection of this chapter or rule promulgated pursuant thereto in the same calendar year. For purposes of this chapter, each commercial transaction shall constitute no more than one violation.
It shall not be a violation of this chapter to fail to provide a receipt to a customer with an itemized charge for a carry-out bag fee.
No covered store that fails to post signs in compliance with this chapter shall be liable for a civil penalty.
The Commissioner shall have the authority to promulgate rules as necessary and appropriate for the implementation of this chapter.