[HISTORY: Adopted by the Mayor and Council of the Borough
of Red Bank 8-21-2019 by Ord. No. 2019-41. Amendments noted where applicable.]
Unless otherwise expressly stated, whenever used in this section,
the following terms shall have the meanings set forth below:
Meeting the standards of the American Society for Testing
and Materials (ASTM) International Standards D6400 or D6868 for compostable
plastics, as those standards may be amended.
Any person or entity that has a contract with the Borough
of Red Bank for work or improvement to be performed, for a franchise,
concession, for grant monies, goods and services, or supplies to be
purchased at the expense of the Borough, or to be paid out of monies
deposited in or under the control of the Borough.
Any building, structure or vehicle owned and operated by
the Borough of Red Bank, its agents, agencies, and departments.
Any commercial enterprise that provides carryout bags to
its customers through its employees or independent contractors associated
with the business. The term includes sole proprietorships, joint ventures,
partnerships, corporations, or any other legal entity, whether for
profit or not for profit. This term is inclusive of any store or business
which sells or offers goods or merchandise, located or operating within
the Borough of Red Bank, including those referenced in "food or grocery
establishment" and "food provider."
All the materials in the product or package, when composted
in an industrial or municipal compost operation, will break down,
or otherwise become part of, usable compost (e.g., soil-conditioning
material, mulch) in a safe and timely manner. Compostable food service
ware must meet ASTM Standards for compostability, and any bioplastic
or plastic-like product must be clearly labeled, preferably with a
color symbol, to allow proper identification such that the collector
and processor can easily distinguish the ASTM standard compostable
plastic from non-ASTM standard compostable plastic.
Is interchangeable with "to go" packaging and "food packaging
material" and includes, but is not limited to: all containers, clamshells,
bowls, plates, trays, cartons, cups, straws, stirrers, napkins and
other items designed for one-time use associated with prepared foods,
including, without limitation, service ware for takeout foods and/or
leftovers from partially consumed meals prepared by food providers.
An applicant for any event permit issued by the Borough or
any Borough employee(s) responsible for any Borough-organized event.
All sales outlets, stores, shops, vehicles or other places
of business located within the Borough which operate to sell or convey
foods, or beverages, which foods or beverages are predominantly contained,
wrapped or held in or on packaging. Food establishment shall include,
but not be limited to, any place where food is prepared, mixed, cooked,
baked, smoked, preserved, bottled, packaged, handled, stored, manufactured
and sold or offered for sale, including, but not limited to, any fixed
or mobile restaurant, drive-in, convenience store, coffee shop, cafeteria,
short-order cafe, delicatessen, luncheonette, grill, sandwich shop,
soda fountain, hotel, motel, movie house, theatre, bed-and-breakfast
inn, tavern, bar, cocktail lounge, nightclub, roadside stand, take-out
prepared food place, industrial feeding establishment, catering kitchen,
mobile food preparation unit, commissary, event, grocery store, public
food market, produce stand, food stand, or similar place in or at
which food or drink is prepared for sale, or for service, on the premises
or elsewhere, and any other establishment or operation where food
is processed, prepared, stored, served, sold, or provided for the
public and any organization, group or individual which provides food
as part of its service.
Any vendor, business, organization, entity, group or individual,
including food establishments, as defined herein, located in the Borough
of Red Bank that offers food or beverage to the public.
An individual, business, event promoter, trust, firm, joint
stock company, Corporation, non-profit, including a government corporation,
partnership, or association.
Blown expanded and extruded polystyrene (sometimes called
Styrofoamâ„¢) or other plastic foams
which are processed by any number of techniques, including, but not
limited to, fusion of monomer spheres (expanded bead plastic), injection
molding, foam molding, and extrusion-blown molding (extruded foam
plastic). Polystyrene and other plastic foam is generally used to
make cups, bowls, plates, trays, clamshell containers, meat trays,
egg cartons, coolers, ice chests, shipping boxes, packing peanuts,
and beach or pool toys. The term "polystyrene" does not include clear
or solid polystyrene known as "oriented polystyrene."
Any item such as coolers, ice chests, cups, bowls, plates,
clamshells, shipping boxes, containers, cutlery, or any other merchandise
containing polystyrene/plastic foam that is not wholly encapsulated
or encased by a more durable material.
Food or beverages which are served, packaged, cooked, chopped,
sliced, mixed, brewed, frozen, squeezed or otherwise prepared within
the Borough. Prepared food does not include raw, butchered meats,
fish and/or poultry sold from a butcher case or similar food establishment.
Any material that is accepted by the Borough recycling program
or the Monmouth County recycling program, including, but not limited
to, paper, glass, aluminum, cardboard and plastic bottles, jars and
tubs. This also means any approved alternative products which are
accepted by the County's recycling centers.
A carryout bag that is specifically designed and manufactured
for multiple reuse, and meets the following criteria:
Displays in a highly visible manner on the bag exterior, language
describing the bag's ability to be reused and recycled;
Has a handle;
Is constructed out of any of the following materials:
Cloth, other fabric, or other materials whether woven or nonwoven;
or
Recyclable plastic, with a minimum thickness of 2.25 mils; and
Has a minimum lifetime of 125 uses, which for purposes of this
subsection means the capability of carrying a minimum of 22 pounds
125 times over a distance of at least 175 feet.
A bag provided by a business establishment to a customer
typically at the point of sale for the purpose of transporting purchases,
which is made predominantly of plastic derived from either petroleum
or a biologically based source.
A.Â
No business establishment or food or grocery establishment may provide
single-use plastic carryout bags at any Borough facility, Borough-sponsored
event, or any event held on Borough property.
B.Â
No business establishment or food or grocery establishment within
the Borough limits may provide single-use plastic bags to its customers.
C.Â
Any business establishment providing single-use carry out bags shall
use reusable bags or paper bags made from a minimum of 40% post-consumer
recycled content.
A.Â
Food providers within the Borough of Red Bank may not provide food
in any disposable food service ware that contains polystyrene/plastic
foam.
B.Â
Disposable food service ware that contains polystyrene/plastic foam
is prohibited from use in all Borough of Red Bank facilities.
C.Â
Borough of Red Bank contractors in the performance of Borough contracts
and events promoters may not provide food in disposable food service
ware that contains polystyrene/plastic foam.
B.Â
All food providers may provide drinking straws only upon request
of the customer.
C.Â
All Borough of Red Bank facilities utilizing disposable food service
ware shall use products that are recyclable or compostable, with the
exception of drinking straws.
D.Â
Borough of Red Bank contractors and events promoters utilizing disposable
food service ware shall use recyclable or compostable products, with
the exception of drinking straws, while performing under a Borough
contract or permit.
No business establishment or event promoter within the Borough
of Red Bank may sell, rent, or otherwise provide any polystyrene/plastic
foam product which is not wholly encapsulated or encased within a
more durable material, except as exempted in this section. This specifically
includes, but is not limited to, cups, plates, bowls, clamshells,
bags, and other products intended primarily for food service use,
as well as coolers, containers, ice chests, shipping boxes, or packing
peanuts.
A.Â
Products made from polystyrene/plastic foam which is wholly encapsulated
or encased by a more durable material are exempt from the provisions
of this chapter. Examples include surfboards, boats, life preservers,
and craft supplies which are wholly encapsulated or encased by a more
durable material, and durable coolers not principally composed of
polystyrene/plastic foam.
B.Â
Construction products made from polystyrene/plastic foam are exempted
from this section if the products are used in compliance with Borough
Code and used in a manner preventing the polystyrene/plastic foam
from being released into the environment.
C.Â
Emergency procurement. In an emergency situation and for the immediate
preservation of the public health or safety, Borough facilities, food
vendors, Borough franchises, contractors and vendors doing business
with the Borough shall be exempt from the provisions of this chapter.
D.Â
Laundry, dry-cleaning bags, newspaper bags, or packages of multiple
bags intended for use as garbage, pet waste, or yard waste, although
the Borough encourages the use of recyclable or compostable products
throughout.
E.Â
Bags provided by hospitals, medical providers, physicians, dentists,
pharmacists or veterinarians to contain prescription drugs or other
medical supplies or necessities in the course of treatment shall be
exempt from this chapter.
F.Â
Bags used by a customer inside a business establishment and even
when intended for carry-out and off-premises use to:
(1)Â
Contain bulk items, such as produce, nuts, grains, candy, or small
hardware items;
(2)Â
Contain or wrap frozen foods, meat, or fish, whether or not prepackaged;
(3)Â
Contain or wrap flowers, potted plants or other items to prevent
moisture damage to other purchases;
(4)Â
Contain unwrapped prepared foods or bakery goods; or
(5)Â
Contain bait and items of a similar nature used for recreational
fishing and crabbing.
G.Â
Bags of any type that the customer brings to the store for their
own use for carrying away from the store goods that are not placed
in a bag provided by the store.
H.Â
Polystyrene and plastic foam trays used by food and grocery establishments
for the packaging of meats, seafood, produce, and dairy products are
exempt from the provisions of this chapter.
I.Â
Any product purchased, prepared or packaged outside the Borough of
Red Bank and sold in or delivered into the Borough are exempt from
the provisions of this chapter.
No summonses or other process shall be issued by the Borough,
nor shall any penalties be enforced by the Municipal Court, for violations
of this chapter, except for any such violation(s) occurring on or
after September 1, 2020.
A.Â
The Code Enforcement Officer shall have primary responsibility for
enforcement of this section. The Code Enforcement Officer is authorized
to take any and all other actions reasonable and necessary to enforce
this section, including, but not limited to, investigating violations,
issuing fines and entering the premises of any business establishment
during business hours.
B.Â
If a Code Enforcement Officer determines that a violation of this
section has occurred, he/she will issue a written warning notice to
the owner or operator of the business establishment that a violation
has occurred and the potential penalties that will apply for future
violations.
C.Â
Any business establishment that violates or fails to comply with
any provisions of this section after a written warning notice has
been issued for that violation shall be subject to a civil penalty
that shall not exceed $250 for a first violation; $500 for a second
violation within any twelve-month period; and $1,500 for each additional
violation within any twelve-month period. Every 30 days that a violation
continues will constitute a separate offense.
D.Â
Violation of this chapter is hereby declared to be a public nuisance,
which may be abated by the Borough by restraining order, preliminary
and permanent injunction, or other means provided for by law, and
the Borough may take action to recover the costs of the nuisance abatement.
