[Adopted 8-7-2018 by Ord.
No. 1524]
Unless otherwise expressly stated, whenever used in this article
the following terms shall have the meanings set forth below:
Meeting the standards of the American Society for Testing
and Materials (ASTM) International Standards D6400 or D6868 for compostable
plastics, as those standards may be amended.
Any person or entity that has a contract with the Borough
of Stone Harbor for work or improvement to be performed, for a franchise,
concession, for grant monies, goods and services, or supplies to be
purchased at the expense of the Borough of Stone Harbor, or to be
paid out of monies deposited in the Treasury or out of trust monies
under the control or collected by the Borough of Stone Harbor.
Any building, structure or vehicle owned and operated by
the Borough of Stone Harbor, its agents, agencies, and departments.
Any commercial enterprise that provides carryout bags to
its customers through its employees or independent contractors associated
with the business. The term includes sole proprietorships, joint ventures,
partnerships, corporations, or any other legal entity whether for
profit or not for profit. This term is inclusive of any store or business
which sells or offers goods or merchandise, located or operating within
the Borough of Stone Harbor, including those referenced in "food or
grocery establishment," and "food provider."
All the materials in the product or package, when composted
in an industrial or municipal compost operation, will break down,
or otherwise become part of, usable compost (e.g., soil-conditioning
material, mulch) in a safe and timely manner. Compostable food serviceware
must meet ASTM standards for compostability and any bioplastic or
plastic-like product must be clearly labeled, preferably with a color
symbol, to allow proper identification such that the collector and
processor can easily distinguish the ASTM standard compostable plastic
from non-ASTM standard compostable plastic.
Is interchangeable with "to go" packaging and "food packaging
material" and includes, but is not limited to: all containers, clamshells,
bowls, plates, trays, cartons, cups, straws, stirrers, napkins and
other items designed for one-time use associated with prepared foods,
including, without limitation, serviceware for takeout foods and/or
leftovers from partially consumed meals prepared by food providers.
An applicant for any event permit issued by the Borough or
any Borough employee(s) responsible for any Borough-organized event.
All sales outlets, stores, shops, vehicles or other places
of business located within the Borough which operate to sell or convey
foods, or beverages, which foods or beverages are predominantly contained,
wrapped or held in or on packaging. Food establishment shall include,
but not be limited to, any place where food is prepared, mixed, cooked,
baked, smoked, preserved, bottled, packaged, handled, stored, manufactured
and sold or offered for sale, including, but not limited to, any fixed
or mobile restaurant, drive-in, convenience store, coffee shop, cafeteria,
short-order cafe, delicatessen, luncheonette, grill, sandwich shop,
soda fountain, hotel, motel, movie house, theatre, bed-and-breakfast
inn, tavern, bar, cocktail lounge, nightclub, roadside stand, take-out
prepared food place, industrial feeding establishment, catering kitchen,
mobile food preparation unit, commissary, event, grocery store, public
food market, produce stand, food stand, or similar place in or at
which food or drink is prepared for sale, or for service, on the premises
or elsewhere, and any other establishment or operation where food
is processed, prepared, stored, served, sold, or provided for the
public and any organization, group or individual which provides food
as part of its service.
Any vendor, business, organization, entity, group or individual,
including food establishments, as defined herein, located in the Borough
of Stone Harbor that offers food or beverage to the public.
An individual, business, event promoter, trust, firm, joint
stock company, corporation, nonprofit, including a government corporation,
partnership, or association.
Blown expanded and extruded polystyrene (sometimes called
styrofoam™) or other plastic foams which are processed by any
number of techniques including, but not limited to, fusion of monomer
spheres (expanded bead plastic), injection molding, foam molding,
and extrusion-blown molding (extruded foam plastic). Polystyrene and
other plastic foam is generally used to make cups, bowls, plates,
trays, clamshell containers, meat trays, egg cartons, coolers, ice
chests, shipping boxes, packing peanuts, and beach or pool toys. The
term "polystyrene" also includes clear or solid polystyrene which
is known as "oriented polystyrene."
Any item such as coolers, ice chests, cups, bowls, plates,
clamshells, shipping boxes, containers, cutlery, or any other merchandise
containing polystyrene/plastic foam that is not wholly encapsulated
or encased by a more durable material.
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared within
the Borough of Stone Harbor. "Prepared food" does not include raw,
butchered meats, fish and/or poultry sold from a butcher case or similar
food establishment.
Any material that is accepted by the Borough of Stone Harbor
recycling program or the Cape May County recycling program, including,
but not limited to, paper, glass, aluminum, cardboard and plastic
bottles, jars and tubs. This also means any approved alternative products
which are accepted by the County recycling centers.
A carryout bag that is specifically designed and manufactured
for multiple reuse, and meets the following criteria:
Displays in a highly visible manner on the bag exterior language
describing the bag's ability to be reused and recycled;
Has a handle;
Is constructed out of any of the following materials:
Cloth, other washable fabric, or other durable materials whether
woven or nonwoven; or
100% recycled PET plastic and recyclables; and
[Amended 12-4-2018 by Ord. No. 1536]
Has a minimum lifetime of 125 uses, which for purposes of this
subsection, means the capability of carrying a minimum of 22 pounds
125 times over a distance of at least 175 feet.
A bag provided by a business establishment to a customer
typically at the point of sale for the purpose of transporting purchases,
which is made predominantly of plastic derived from either petroleum
or a biologically-based source.
A.
No business establishment or food or grocery establishment may provide
single-use plastic carryout bags at any Borough facility, Borough-sponsored
event, or any event held on Borough property.
B.
No business establishment or food or grocery establishment within
the Borough limits may provide single-use plastic bags to its customers.
C.
Any business establishment providing single-use carry out bags shall
use reusable bags or paper bags made from a minimum of 80% post-consumer
recycled content.
[Amended 12-4-2018 by Ord. No. 1536]
A.
Food providers within the Borough of Stone Harbor may not provide
food in any disposable food serviceware that contains polystyrene/plastic
foam.
B.
Disposable food serviceware that contains polystyrene/plastic foam
is prohibited from use in all Borough of Stone Harbor facilities.
C.
Borough of Stone Harbor contractors in the performance of Borough
contracts and events promoters may not provide food in disposable
food serviceware that contains polystyrene/plastic foam.
A.
All food or grocery establishments and food providers within the
Borough of Stone Harbor utilizing disposable food serviceware shall
use recyclable or compostable products, subject to the provisions
of §§ 466-19.6 and 466-19.7, with the exception of
straws, which cannot be made of plastic or compostable.
B.
All food providers may give straws, lids, cutlery, and to-go condiment
packages upon request of the customer.
C.
All Borough of Stone Harbor facilities utilizing disposable food
serviceware shall use products that are recyclable or compostable
with the exception of straws, which cannot be made of plastic or compostable.
D.
Borough of Stone Harbor contractors and events promoters utilizing
disposable food serviceware shall use recyclable or compostable product,
with the exception of straws, which cannot be made of plastic or compostable,
while performing under a Borough of Stone Harbor contract or permit.
No business establishment or event promoter within the Borough
of Stone Harbor may sell, rent, or otherwise provide any polystyrene/plastic
foam product which is not wholly encapsulated or encased within a
more durable material, except as exempted in this article. This specifically
includes, but is not limited to, cups, plates, bowls, clamshells,
bags, and other products intended primarily for food service use,
as well as coolers, containers, ice chests, shipping boxes, or packing
peanuts.
A.
Products made from polystyrene/plastic foam which is wholly encapsulated
or encased by a more durable material are exempt from the provisions
of this chapter. Examples include surfboards, boats, life preservers,
and craft supplies which are wholly encapsulated or encased by a more
durable material, and durable coolers not principally composed of
polystyrene/plastic foam.
B.
Construction products made from polystyrene/plastic foam are exempted
from this ordinance if the products are used in compliance with Borough
Code and used in a manner preventing the polystyrene/plastic foam
from being released into the environment.
C.
Emergency, hospital, and medical supply and services procurement.
In an emergency situation and for the immediate preservation of the
public health or safety, Borough facilities, food vendors, Borough
franchises, contractors and vendors doing business with the Borough
shall be exempt from the provisions of this article.
D.
Laundry dry-cleaning bags, newspaper bags, or packages of multiple
bags intended for use as garbage, pet waste, or yard waste; although
the Borough encourages the use of recyclable or compostable products
throughout.
E.
Bags provided by physicians, dentists, pharmacists or veterinarians
to contain prescription drugs or other medical necessities.
F.
Bags used by a customer inside a business establishment to:
(1)
Contain bulk items, such as produce, nuts, grains, candy, or
small hardware items;
(2)
Contain or wrap frozen foods, meat, or fish, whether or not
prepackaged;
(3)
Contain or wrap flowers, potted plants or other items to prevent
moisture damage to other purchases; or
(4)
Contain unwrapped prepared foods or bakery goods.
G.
Bags of any type that the customer brings to the store for their
own use for carrying away from the store goods that are not placed
in a bag provided by the store.
H.
Meat trays are exempt from the provisions of this article.
I.
Any product purchased, prepared or packaged outside the Borough of
Stone Harbor and sold in or delivered into the Borough are exempt
from the provisions of this chapter.
A.
The Public Works Committee may make a recommendation to Borough Council
to exempt a food or grocery establishment or food provider from the
requirements set forth of this article for up to a one-year period
upon the food provider showing, in writing, that this article would
create an undue hardship or practical difficulty not generally applicable
to other persons in similar circumstances.
B.
Exemptions to allow for the sale or provision of polystyrene/plastic
foam products may be recommended by the Public Works Committee if
the food or grocery establishment or food provider can demonstrate
in writing a public health and safety requirement or medical necessity
to use the product.
C.
An exemption application shall include all information necessary
for the Public Works Committee to make a recommendation to Borough
Council, including but not limited to documentation showing factual
support for the claimed exemption. The Public Works Committee and
Borough Council may require the applicant to provide additional information.
D.
The Borough Council may approve the exemption application in whole
or in part, with or without conditions.
A.
The Police Department and Code Enforcement Officer have primary responsibility
for enforcement of this chapter. The Police Department and Code Enforcement
Officer are authorized to take any and all other actions reasonable
and necessary to enforce this chapter, including, but not limited
to, investigating violations, issuing fines and entering the premises
of any business establishment during business hours.
B.
If a Police Officer or Code Enforcement Officer determines that a
violation of this chapter has occurred, he/she will issue a written
warning notice to the owner or operator of the business establishment
that a violation has occurred and the potential penalties that will
apply for future violations.
C.
Any business establishment that violates or fails to comply with
any of the provisions of this article after a written warning notice
has been issued for that violation shall be subject to a civil penalty
that shall not exceed $200 for a first violation; $350 for a second
violation within any twelve-month period; and $500 for each additional
violation within any twelve-month period. Every 30 days that a violation
continues will constitute a separate offense.
D.
In addition to the penalties set forth in this section, repeated
violations of this article by a person who owns, manages, operates,
is a business agent of, or otherwise controls a business establishment
may result in the suspension or revocation of the business license
issued to the premises on which the violations occurred. No Borough
business license shall be issued or renewed until all fines outstanding
against the applicant for violations of this article are paid in full.
E.
Violation of this article is hereby declared to be a public nuisance,
which may be abated by the Borough by restraining order, preliminary
and permanent injunction, or other means provided for by law, and
the Borough may take action to recover the costs of the nuisance abatement.
All of the requirements set forth in this article shall take
effect on June 1, 2019.
