[HISTORY: Adopted by the Mayor and Council
of the Borough of Oceanport 4-23-2020 by Ord. No. 1022. Amendments noted where
applicable.]
The intent of this chapter is to adopt regulations relating
to and limiting the use of single-use nonbiodegradable plastic bags,
plastic utensils, polystyrene foam containers, and plastic straws
by businesses in the Borough of Oceanport. The regulations are intended
as necessary and proper steps by the Borough to address a significant
global problem relating to the sale and use of single-use plastic
bags, plastic utensils, polystyrene foam containers, and plastic straws;
to further incentivize the use of reusable bags and compostable utensils
and containers at businesses and, ultimately, to protect the environment,
waterways, and wildlife, and to preserve the public health, welfare,
and safety.
The following words, phrases and terms, as used in this chapter,
are hereby defined for the purpose thereof as follows.
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.
Shall be defined as the date on which final adoption and
publication in accordance with the law are complete.
Shall be the later of 180 days from the effective date or
October 20, 2020.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery.
A larger laundry or dry-cleaning bag incorporating a hanger
on which garments may be hung to prevent wrinkling during travel or
storage and used to protect and transport clothing or other textiles.
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.
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 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.
A bag that is designed and manufactured to withstand repeated
uses over a period of time, is machine washable or made from a material
that can be cleaned and disinfected regularly, has a minimum lifetime
of 75 uses, and is capable of carrying a minimum of 18 pounds.
A bag, sheet, or receptacle produced or manufactured from
material commonly known as "plastic" or "polyethylene" which does
not decompose within 12 months and is 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 or product bags, or garment bags.
No business or store shall provide any single-use plastic carryout
bags, plastic utensils, polystyrene foam containers, and/or plastic
straws to a customer at the check stand, cash register, point of sale,
or other point of departure for the purpose of transporting or consuming
products or goods outside of the business or store, except as otherwise
provided in this chapter.
A.
Upon the specific request of any customer, a business or store may
provide said customer with plastic utensils and/or plastic straws.
It shall be a violation of this chapter for any business or store
to offer plastic utensils and/or straws unless specifically requested
by the customer. Additionally, this chapter should not be read as
prohibiting cups, containers, or utensils which may be utilized for
more than a single serving.
A.
A store may provide a customer with a single-use paper carryout bag
or reusable carryout bag, provided that the store shall impose and
collect a minimum fee of $0.10 for each such bag provided to the customer.
No store shall be required to charge such fee for an exempt bag. All
monies collected under this provision shall be retained by the store.
B.
All paper carryout bags must be 100% recyclable and include a minimum
of 40% post-consumer recycled content.
C.
The store shall indicate on the sales or other receipt given to the
customer the total number of single-use paper carryout bags provided
to the customer, and the total fee charged to the customer.
D.
No store shall charge a carryout bag fee for bags of any kind provided
by the customer in lieu of a carryout bag furnished by the store.
E.
No store shall prevent a person from using a bag of any kind that
they have brought to the store for the purpose of carrying items obtained
from the store.
F.
The fee on paper bags will not apply to customers purchasing groceries
with government assistance such as the New Jersey State Supplemental
Nutritional Assistance Program, the EBT program, or the New Jersey
State Special Supplemental Nutrition Program for women, infants, and
children.
A.
This chapter shall take effect on the effective date, and all businesses
and stores must be in compliance with same by the enforcement date.
B.
Any business or store found not to be in compliance with this chapter
on the enforcement date, and which has not made application to the
Borough Council for an extension as provided in this section, shall
be in violation of this chapter and subject to the violations and
penalties prescribed herein.
C.
The Borough Council may, in the Borough's sole discretion, grant
an extension of time for compliance with this chapter when a business
or store makes application for an extension prior to the enforcement
date. Upon such application, the Borough shall consider whether the
business or store has made adequate good-faith efforts to comply with
this chapter by the enforcement date, and has been unable to do so
for compelling reasons. The Borough may, in its sole discretion, grant
an extension for not longer than 180 additional days from the enforcement
date.
Each business or store violating any of the provisions of this
section shall, upon conviction thereof in municipal court, be subject
to a penalty of up to $500 for a first offense, up to $1,000 for a
second offense, and up to $2,500 for a third offense. If the violation
is of a continuing nature, each day during which it continues shall
constitute an additional, separate and distinct offense.
In the event that any clause, section, provision, paragraph,
or sentence of this chapter is deemed to be invalid or unenforceable
for any reason, the remaining provisions of this chapter not affected
by said invalidity shall remain in full force and effect.
