[Editor's Note: Section 6 of Ordinance No. 0-90-08 provides that takeout food packaging required to be purchased under a contract entered into prior to the effective date of this chapter is exempt from the provisions of this chapter.]
The mayor and council of the Borough of Highlands finds that discarded polystyrene packaging and commercial plastic carry away bags constitute a large portion of the floatable waste that washes up on the borough's shores and river banks, and are a threat to the fragile balance of the shore and inland waterway ecosystems.
There are sufficient available substitutes for the packaging of products so that the ban of the offensive packaging will not unduly impact upon the orderly operation of business in the Borough of Highlands;
Therefore, the use of plastics and polystyrene takeout packaging and bags, in both government and commercial establishments, as defined herein, within the Borough of Highlands, is banned.
[Ord. 0-90-08, § 1; amended 3-18-2020 by Ord. No. O-20-09]
As used in this chapter, the following terms shall have the meanings indicated:
- BUSINESS or STORE
- Any retail establishment that engages in the retail sale of goods and products. This definition includes, but is not limited to, pharmacies, supermarkets, grocery stores, convenience stores, clothing stores, surf shops, dry cleaners, food marts, and food service establishments.
- GOODS AND PRODUCTS
- Things and items that are prepared and made to be sold, including, but not limited to, clothing, groceries, prepared food, foodstuffs, meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
- PRODUCE BAG or PRODUCT BAG
- 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.
- REUSABLE BAG
- A bag that is designed and manufactured to withstand repeated uses over a period of time, is machine washable or made from material that can be cleaned and disinfected regularly, is at least 2.25 mm thick if made from plastic, has a minimum lifetime of 75 uses, and is capable of carrying a minimum of 18 pounds.
- SINGLE-USE, PLASTIC CARRYOUT BAG
- 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, or garment bags.
[Ord. 0-90-08, § 2; amended 3-18-2020 by Ord. No. O-20-09]
No business or store shall provide any single-use, plastic carryout bags, polystyrene foam containers, plastic straws or plastic utensils to a customer at the check stand, cash register, point of sale, or other point of departure for the purpose of transporting products or goods out of the business or store, except as otherwise provided in this chapter.
No persons shall possess a balloon on any beach located in the Borough. No person shall release a balloon into the atmosphere from any beach located in the Borough.
[Ord. 0-90-08, § 3; amended 3-18-2020 by Ord. No. O-20-09]
Upon the specific request of any customer, a business or store may provide said customer with plastic utensils. It shall be a violation of this chapter for any business or store to offer plastic utensils unless requested by the customer. Additionally, this chapter should not be read as prohibiting cups or containers which may be utilized for more than a single serving.
[Ord. 0-90-08, § 4; amended 3-18-2020 by Ord. No. O-20-09]
Any business in the case of a violation of § 23-3a or person in the case of a violation of § 23-3b found guilty of violating said provisions of this chapter shall be subject to the following penalty schedule:
First offense: a fine not to exceed $100.
Second offense: a fine not to exceed $500.