[HISTORY: Adopted by the Township Council of the Township
of Parsippany-Troy Hills 7-16-2019 by Ord. No. 2019:33[1]. Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was originally adopted as Ch.
181 but was renumbered for organizational purposes.
As used in this chapter, the following terms shall have the
meanings indicated:
Recyclable paper carry-out bags and reusable bags as follows:
A recyclable paper carry-out bag is a paper bag that meets all
of the following minimum requirements:
A reusable bag means a bag with handles made of cloth or other
washable fabric or is otherwise durable that is specifically designed
and manufactured for multiple use and meets the following additional
requirements:
Any person purchasing goods or services from a retail establishment.
Any person in control of, or having the responsibility for,
the operation of a retail establishment, which may include, but is
not limited to, the owner of the retail establishment.
A bag constructed of a material that would otherwise be destined
for solid waste disposal, having completed its intended end use and
product life cycle. "Post-consumer recycled material" does not include
materials and by-products generated from, and commonly reused within,
an original manufacturing and fabrication process.
A very thin bag without handles used exclusively to carry
produce, meats, or other food items to the point of sale inside a
retail establishment or, for reasons of public health and safety,
to prevent such food items from coming into direct contact with other
purchased items.
Material that can be sorted, cleansed and reconstituted using
available recycling collection programs for the purpose of reusing
the altered, incinerated, converted or otherwise thermally destroyed
solid waste generated therefrom. The material must be recycled in
a manner that is environmentally effective, economically feasible
and safe for employees as deemed feasible by the Township of Parsippany-Troy
Hills.
Any store or commercial establishment that sells perishable
or nonperishable goods, including, but not limited to, clothing, food
and personal items, directly to the customer and is located within
or doing business within the geographical limits of the Township of
Parsippany-Troy Hills. Retail establishments include: business establishments
that generate sales or use-tax; drug stores; pharmacies; supermarkets;
grocery stores; convenience food stores; food marts; or other commercial
establishments (i.e., restaurants and take-out food establishments
or any other business that prepares and sells prepared food to be
eaten on or off its premises). This definition also includes commercial
establishments that sell clothing, hardware, or any other nonperishable
goods. It does not include nonprofit charitable reusers as defined
in Section 501(c)(3) of the Internal Revenue Code of 1986, or a distinct
operating unit or a division of the charitable organization that reuses
and recycles donated goods or materials and receives more than 50%
of its revenue from the handling and sale of those donated goods and
materials.
Any bag made predominantly of plastic derived from either
petroleum or a biologically based source, such as corn or other plant
sources, that is provided by an operator of a retail establishment
to a customer at the point of sale. The term includes compostable
and biodegradable bags but does not include reusable bags, produce
bags, or product bags. This definition specifically exempts the following
from the category of "single use plastic carry-out bags":
Bags provided by operators and used by consumers inside retail
establishments to:
Package bulk items, such as fruit, vegetables, nuts, grains,
candies or small hardware items;
Contain or wrap frozen foods, meat or fish, whether packaged
or not;
Contain or wrap flowers, potted plants, or other items where
dampness may be an issue; or
Contain unwrapped prepared foods or bakery goods; or
Pharmacy prescription bags.
Newspaper bags, door-hanger bags, laundry and/or dry cleaning
bags, or bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags, yard waste bags or pet waste
bags.
No retail establishment within the Township of Parsippany-Troy Hills shall provide any single-use plastic carryout bags, as defined in § 294-1, above, to any customer at the checkout point or cash register, point of sale or other point of departure or point of distribution for the purpose of transporting products or goods out of the business or store.
A.
All retail establishments shall make available to customers, for a fee, compliant bags, as defined in § 294-1, above, for the purpose of carrying goods or other materials away from the point of sale, subject to the provisions of this chapter. The fee charged shall be reflected in the sales receipt.
B.
No provision in this chapter prohibits customers from using bags
of any type that they choose to bring to a retail establishment themselves,
in lieu of using bags available for a fee from the retail establishment,
or from carrying away goods that are not placed in a bag.
A.
All retail establishments shall make recyclable paper carry-out bags
available to customers upon request for a fee of at least $0.10 but
not more than $0.25 per bag if customers choose not to bring their
own reusable bag.
B.
A retail establishment may provide customers with a reusable bag,
as defined herein, for a fee of at least $0.10.
C.
All monies collected by retail establishments for the fees established
herein shall be retained by the retail establishment.
All retail establishments must provide customers with compliant bags, upon request, if a customer fails to bring his or her own bags, in accordance with the fee structure set forth in § 294-4, above. A retail establishment may choose, in its discretion, to provide a credit to customers who choose to bring their own bags.
All retail establishments must provide at the point of sale,
free of charge, compliant bags, to any customer who participates in,
or is a beneficiary of, any United States government (federal) welfare
program, or any local or Morris County welfare assistance program,
or any New Jersey State welfare program, including but not limited
to the New Jersey Supplemental Nutrition Assistance Program (SNAP)
or the New Jersey State Supplemental Security Income Program (SSI).
Such customers must provide documentation proving that they participate
in or are beneficiaries of such programs.
A.
The Township of Parsippany-Troy Hills shall assist operators of retail
establishments by referring them to appropriate municipal websites
with information and to retail associations, unions or other organizations
that have educational materials concerning the benefits of reusable
bags rather than recyclable paper carry-out bags.
B.
All retail establishments shall be strongly encouraged to educate
their staff in ways to promote the use of reusable bags and to post
signs encouraging customers to use reusable bags rather than recyclable
paper carry-out bags.
C.
All retail establishments shall be strongly encouraged to educate
the public on plastic bag and plastic film recycling and to offer
a take-back program.
The Director of Public Works or his or her designee, which may
include the Office of Health in the Department of Human Services,
has the responsibility of enforcement of this chapter and may promulgate
reasonable rules and regulations in order to enforce its provisions,
including but not limited to investigating violations and issuing
fines.
A.
Any retail establishment that violates or fails to comply with this
chapter or the rules and regulations promulgated therefrom, after
an initial written warning notice has been issued, shall be liable
for a violation of this chapter.
B.
If a retail establishment commits subsequent violation(s) after the
issuance of an initial written warning notice, the following penalties
shall be imposed and shall be payable by the operator of the retail
establishment upon conviction thereof:
(1)
A fine not exceeding $100 for the first violation after the written
warning notice is given;
(2)
A fine not exceeding $200 for the second violation after the written
warning notice is given; and
(3)
A fine not exceeding $500 for the third and any subsequent violations
after the written warning notice is given.
C.
A separate offense shall be deemed committed on each day during or
on which a violation occurs.
No later than one year after the effective date of this chapter,
and annually thereafter, the Director of Health and Human Services
shall report to the Township Council regarding the progress of the
reduction of the use of carry-out bags, which may include the following:
A.
The amount of carry-out bags in the residential waste and recycling
streams;
B.
The amount of carry-out bags identified as litter on the streets,
sidewalks and in parks within the Township of Parsippany-Troy Hills;
C.
The amount of carry-out bags found in Township storm drains;
D.
The number of warning notices or notices of violation issued pursuant
to this chapter; and
E.
Any estimated cost savings for the Township attributable to carry-out
bag reduction; this may include but is not limited to reduced contamination
of the residential recycling stream and reduction in flooding or combined
sewer overflows.