[HISTORY: Adopted by the Board of Commissioners of the Borough
of Longport 11-20-2015 by Ord.
No. 2015-14; amended in its entirety 2-20-2019 by Ord. No. 2019-01.[1] Amendments noted where applicable.]
When used in this chapter, the following terms shall have the
following meanings:
The Borough of Longport.
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. Such term shall not include reusable carryout bags
or exempt bags.
The Commissioner responsible for oversight of the Public
Works Department.
A food service establishment; and
A retail or wholesale establishment engaged in the sale of personal,
consumer or household items, including, but not limited to, drugstores,
pharmacies, grocery stores, supermarkets, convenience food stores,
or food marts, that provide carryout bags to consumers in which to
place items purchased or obtained at such establishment.
Any of the following:
A bag without handles to carry produce, meats, dry goods or
other nonprepackaged food items to the point of sale within a store
or market to prevent such food items from coming into direct contact
with other purchased items;
A bag provided by a pharmacy to carry prescription drugs; or
Any other bag to be exempted from the provisions of this chapter
as determined by the Commissioner.
Any establishment located in the Borough which serves made-to-order
food for dine-in, take-out or delivery.
The Commissioners of the Borough of Longport.
A bag with handles that is specifically designed and manufactured
for multiple reuse and is either:
A.
Covered stores shall charge a fee of not less than $0.10 for each
carryout bag provided to any person. No covered store shall be required
to charge such fee for an exempt bag. All monies collected by a covered
store under this chapter shall be retained by the store.
B.
No covered store shall charge a carryout bag fee for bags of any
kind provided by the customer in lieu of a carryout bag provided by
any such covered store.
C.
No covered store shall prevent a person from using a bag of any kind
that they have brought to any such covered store for purposes of carrying
goods from such store.
No later than March 1, 2016, and annually thereafter, the Commissioner
shall provide to the governing body a summary of the Clean Ocean Action
Beach Sweep Report.
A.
The Commissioner shall establish an outreach and education program
aimed at educating residents and covered stores on reducing the use
of single-use carryout bags and increasing the use of reusable carryout
bags.
A.
Any notice of violation issued pursuant to this chapter shall be
returnable to the Borough municipal court, which shall have the power
to impose civil penalties as provided herein.
B.
The Department of Code Enforcement shall have the authority to enforce
the provisions of this chapter.
C.
Beginning on the first Tuesday three months after the effective date
of this chapter, any covered store that violates this chapter or any
rules promulgated pursuant thereto shall receive a warning notice
for the first violation.
D.
Beginning nine months after the effective date of this chapter, any 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 in the same calendar year. For purposes of this chapter, each commercial transaction shall constitute no more than one violation.
E.
It shall not be a violation of this chapter to fail to provide a
receipt to a customer with an itemized charge for a carryout bag fee.
F.
No covered store that fails to post signs in compliance with this
chapter shall be liable for a civil penalty.
The Commissioner shall have the authority to promulgate rules
as necessary and appropriate for the implementation of this chapter.
