[Adopted 12-22-2008 by Ord. No. 2008-27]
For the purposes of this article, the following words shall have the following meanings:
PLASTIC CHECKOUT BAG
A carry-out bag that is made of, or contains, any type of plastic that is provided by a store to a customer at the point of sale.
STORE
Any retail or restaurant establishment located within the geographical limits of the Borough of Red Bank.
A. 
All stores that offer plastic checkout bags shall provide suitable containers, or bins, in sufficient quantity, for customers' return of plastic checkout bags by June 1, 2009, and shall be responsible for the sanitary reuse or recycling of any such plastic checkout bags, except that stores without adequate space for the placement of a bin or container may prominently display a sign advising the public that the store will take back, reuse, or recycle plastic checkout bags;
B. 
Violation of the requirements set forth in this section shall subject a store to penalties set forth in § 590-39 of this article.
C. 
The Department of Public Works shall make provision for the collection of plastic checkout bags at the Borough's recycling center as soon as practicable after the effective date of this article.
D. 
Nothing in this section shall be read to preclude stores from making reusable bags available for sale to customers.
A. 
Any person who violates this article shall be punishable as follows:
(1) 
A fine not exceeding $100 for a first violation;
(2) 
A fine not exceeding $200 for a second violation within the same year;
(3) 
A fine not exceeding $500 for each additional violation within the same year;
B. 
The Borough Attorney may also seek legal, injunctive, or other equitable relief to enforce this article.