[HISTORY: Adopted by the Borough Council of the Borough of
Beach Haven 8-13-2018 by Ord. No.
2018-22C. Amendments noted where applicable.]
The following words, phrases and terms, as used in this chapter,
are hereby defined for the purpose thereof as follows:
Any live or previously live and now frozen substance used
to attract and catch fish or crabs on the end of a fishing hook or
inside a bait trap.
For the purposes of this chapter, any retail establishment
that engages in the retail sale of goods and products. The definition
includes, but is not limited to, pharmacies, supermarkets, grocery
stores, convenience stores, clothing stores, surf shops, food marts,
and food service establishments.
Any establishment which serves made-to-order food for dine-in,
takeout, or delivery.
A large, zippered bag incorporating a hanger on which garments
may be hung to prevent wrinkling during travel or storage and used
to protect and transport clothing or other textiles.
Things and items that are prepared and made to be sold, including,
but not limited to, clothing, groceries, prepared food, foodstuffs,
meat, diary, merchandise, books, jewelry, alcohol, tobacco products,
toys, and any and all other things and items sold at retail by businesses
and stores.
Any bag without handles that is used exclusively to segregate
produce, meats, other food items, and merchandise to the point of
sale inside a store or to prevent such items from coming into direct
contact with other purchased items, where such contact could damage
or contaminate other food or merchandise when placed together in a
reusable or recycled bag.
The sale of goods and products for use and/or consumption.
A bag that is designed and manufactured to withstand repeated
uses over a period of time, which is typically a tote-style bag, is
machine washable or made from a material that can be cleaned and disinfected
regularly. Reusable bag does not include the type of plastic bag ordinarily
and customarily designed for single use, regardless of whether the
user uses that bag multiple times.
[Amended 10-15-2019 by Ord. No. 2019-33C]
A bag, sheet, or receptacle produced or manufactured from
material commonly known as "plastic" or "polyethylene" provided at
the check-out stand, cash register, point of sale, or other point
of departure for the purpose of transporting goods or products out
of the establishment. The term "single-use plastic carryout bag" does
not include reusable bags, produce bags, product bags, or garment
bags.
[Amended 10-15-2019 by Ord. No. 2019-33C]
No business or store shall provide any single-use plastic carryout
bags, plastic nonbiodegrabale drinking straws, or Styrofoam containers
to a customer at the check stand, cash register, point of sale, at
the time of service, at the place of consumption of food or beverages,
or other point of departure for the purpose of consuming food or beverages
or transporting products or goods out of the business or store, except
as otherwise provided in this chapter.
Single-use plastic carryout bags may be used by businesses or
stores to sell bait.
A.
Any notice of violation issued pursuant to this chapter shall be
by the Municipal Court of the Borough of Beach Haven, which shall
have the power to impose penalties as provided herein.
B.
The Code Enforcement Officer or Borough Police Department shall have
the authority to enforce the provisions of this chapter.
C.
Any business or store that violates this chapter or any rules promulgated
pursuant thereto shall receive a warning notice for the first violation.
D.
Any business or 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. For purposes of this chapter, each commercial transaction shall constitute no more than one violation.
