[Adopted 9-9-2019 by Ord.
No. 737]
The Borough of Harrington Park ("Borough") and its Environmental
Commission are committed to protecting the environment and the public
health, safety, and welfare of its citizens, the watershed and surrounding
waterways. The goal of this article is to reduce the common use of
single-use plastic bags, plastic straws, plastic stirrers and polystyrene
foam food packaging containers and to encourage the use of reusable
bags by consumers, paper straws, wooden or bamboo stirrers and more
sustainable/recyclable packaging containers by retailers, thereby
reducing local land and water pollution, advancing solid waste reduction,
protecting the Borough's unique natural beauty and irreplaceable
natural resources, and improving the quality of life for the citizens
of the Borough.
As used in this article, the following terms shall have the
meanings indicated:
CHECKOUT BAG
A carryout bag with or without handles provided by a store
to a customer at the point of sale that is intended for the purpose
of transporting food or merchandise out of the store. The term "checkout
bag" does not include product bags.
HEALTH OFFICER
Includes the Sanitarian of the Borough of Harrington Park
or any duly authorized agent or employee of the Board of Health, Borough
of Harrington Park, County of Bergen, New Jersey.
PLASTIC STIRRER
A device that is used to mix beverages, intended for only
one-time use, and made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources. "Plastic stirrer" includes compostable and biodegradable
petroleum or a biologically based polymer stirrers, but does not include
stirrers that are made from nonplastic materials, such as paper, sugar
cane, bamboo, etc.
PLASTIC STRAW
A tube made predominantly of plastic derived from either
petroleum or a biologically based polymer, such as corn or other plant
sources, for transferring a beverage from its container to the mouth
of the drinker. "Plastic straw" includes compostable and biodegradable
petroleum or biologically based polymer straws, but does not include
straws that are made from nonplastic materials, such as paper, sugar
cane, bamboo, etc.
POLYSTYRENE FOAM CONTAINER
Includes any form of container made from blown polystyrene
and expanded and/or extruded foams (sometimes referred to as "Styrofoam"),
which are derived from thermoplastic petrochemical materials utilizing
a styrene monomer and processed by any number of techniques including,
but not limited to, fusion of polymer spheres (expandable bead polystyrene)
injection molding, foam molding, and extrusion-blow molding (extruded
foam polystyrene). Polystyrene foam is generally used to make such
things as cups, bowls, plates, trays, clamshell containers, prepared
food take-out containers, meat trays, and egg cartons.
PRODUCT BAG
A flexible container made of very thin plastic material with
a single opening that is used to transport dry cleaning materials,
produce, meats, small unpackaged or other items selected by customers
at the point of sale.
RETAIL SALES
The transfer to a customer of goods in exchange for payment
occurring in retail stores, sidewalk sales, farmer's markets,
flea markets and restaurants. The term "retail sales" does not includes
sales of goods at yard sales, tag sales, other sales by residents
at their home.
REUSABLE BAG
A bag which can be reused many times. It is an alternative
to single-use paper and plastic bags.
SINGLE-USE PLASTIC BAG
A plastic bag provided at the check stand, cash register,
point of sale, or other point of departure for the purpose of transporting
food or merchandise out of the establishment.
STORE
Any commercial or noncommercial enterprise engaging in retail
sales, selling or offering goods, food or services directly to the
public, whether for or not for profit, including, but not limited
to, convenience and grocery stores, markets, restaurants, pharmacies,
liquor stores, take-out food purveyors, and merchandise retailers.
Any violation of this article shall be punishable by a civil
fine of $250 per incident.