The title of this chapter shall be "Single-Use Bag Regulations."
The purpose of these provisions is to promote:
A. The protection of unique coastal resources found in Ventnor and identified
for protection in policies of the NJDEP — Coastal Management
Program; 42 U.S.C. § 6901 et seq., Solid Waste Disposal
Act.
B. Compliance with federal and state mandates for clean water (including
National Pollutant Discharge Elimination System Permit Program), 33
U.S.C. § 1251 et seq., Clean Water Act; N.J.S.A. 58:10A-1
et seq., New Jersey Water Pollution Control Act.
C. A reduction in the amount of plastic and paper material that is manufactured,
transported, handled/processed, and discarded, and the impacts associated
with such activities.
D. A reduction in the amount of waste/debris throughout the City of
Ventnor and bordering waterways, and the amount of material going
to landfills.
The following definitions shall govern the construction of this
chapter:
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.
COVERED STORE
A general vendor, 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, packaged goods sellers, or liquor stores,
that provide carry-out bags to consumers in which to place items purchased
or obtained at such establishment. Such term shall not include food
service establishments, as defined below.
FOOD SERVICE ESTABLISHMENT
Any person or establishment doing business within the City
of Ventnor that has dine-in facilities, such as a restaurant.
POINT OF SALE
The location in the commercial establishment where purchase
is made.
REUSABLE BAG
Any bag with handles that is specifically designed and manufactured
for multiple, long-term reuse, made of:
A.
Cloth or other machine- or hand-washable fabric; or
B.
Other durable material, including plastic that is at least 2.25
mils thick.
SINGLE-USE BAG
Any bag, paper or plastic, that is provided to customers
at point of sale for carry-out purchases by a commercial establishment.
Single-use bags do not include reusable bags or any carry-out bags
that are a maximum of 11 inches by 17 inches, without handles, provided
for the customer:
A.
To transport produce, bulk food, meat, or seafood from a produce,
bulk food, meat, or seafood department within a store to the point
of sale; or
B.
To hold prescription medication dispensed from a pharmacy.
STREET VENDOR
Any person or business peddling, vending, selling, or displaying
for sale on a seasonal or one-time basis any merchandise or food that
is presented from a mobile setting, including a vehicle, cart, tent,
table, or stand. This includes all businesses at farmers markets,
street festivals, and other events requiring group or special event
permits as described in Ventnor City Ord. 2017-034.