[Added 7-17-2018 by Ord.
No. 8-2018]
The above-listed recitals are incorporated herein and are relied
upon by the Board of County Commissioners for its adoption of this
article.[1]
[1]
Editor's Note: Said recitals are on file in the County offices.
As used in article, the following terms shall have the meanings
indicated:
Any bag with handles that is specifically designed and manufactured
for multiple, long-term reuse, made of cloth or other machine- or
hand-washable fabric or made of other durable material, including
plastic that is at least 2.25 mils thick.
A straw made from a material such as stainless steel, glass,
silicone or some other material that can be cleaned, does not leach
chemicals or interact with the product being consumed.
Any plastic bag that is provided to customers at point of
sale for carryout purchases by a commercial establishment. Single-use
plastic bags do not include reusable bags or any carryout bags that
are a maximum of 11 inches by 17 inches, without handles, provided
for the customer 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 to hold prescription medication dispensed
from a pharmacy.
Are used only once before they are thrown away or recycled.
These items include plastic straws and coffee stirrers.
It shall be unlawful for any user and/or visitor of the Atlantic County Park System to utilize single-use plastic bags or single-use plastic straws as defined in § 97-139 in any area of the Atlantic County Parks System.
The provisions of this article shall be enforced by the County
Park Rangers. In order to properly inform the public and park users
of the proscriptions of this article, the applicable provisions of
this article shall be posted at the entrances to all County Park facilities.
County Park Rangers shall, to the extent feasible, remind County Park
users of the provisions of this article.
A.
In order to allow time to educate the general public as to the provisions
of this article, during the first year following the effective date
of this article the County will issue warnings to those who carry
or utilize single-use plastic bags or single-use plastic straws in
any County Park and no penalty shall be imposed during this initial
year following the effective date of this article.
B.
After the expiration of the warning period, pursuant to N.J.S.A.
40:41A-101(b)(7) the County shall issue penalties for violations of
this article which shall involve the imposition of a fine not exceeding
$500. Violations of this article shall be enforced in the municipal
court of any municipality in which a given area of the County Park
system is located.
A.
This article is to be liberally construed to effectuate its purposes.
B.
If any section, subsection, paragraph, sentence, clause, phrase,
or word contain in this article shall be declared invalid for any
reason whatsoever, such decision shall not affect the remaining portions
of this article which shall remain in full force and effect.
Any ordinance or portion thereof enacted by the County that
contains any subject matter governed by this article, which is inconsistent
with or which stands as an obstacle to the effective implementation
of this article shall be superseded by this article and is hereby
repealed and set aside.
This article shall take effect following passage and publication
in accordance with the law.
