[Adopted 1-21-2020 by Ord. No. 385-2019]
A.
The City of Cape May has a duty to protect its natural environment,
its economy, and the health of its citizens.
B.
The Cape May City Council desires to eliminate the use of polystyrene/plastic
foam and single-use plastic products and other nonlocally recyclable
and nonproperly compostable food packaging, to protect the marine
life and wild life of its surrounding waterways, maximize the operating
life of landfills, and lessen the economic and environmental costs
of managing waste.
C.
To prohibit the use of expanded polystyrene food service products,
single-use plastic carryout bags, and disposable food serviceware.
D.
Prohibiting the use of polystyrene/plastic foam take-out food packaging
and replacing it with food serviceware that is locally recyclable
or compostable and restricting the use of polystyrene/plastic foam
products that are not wholly encapsulated or encased by a more durable
material will further protect the City, its marine life and wildlife,
and its residents and visitors; and will support the City's goal of
reducing waste and litter for a cleaner environment for generations
to come.
As used in this article, the following terms mean:
Any commercial enterprise that provides carryout bags to
its customers at the point of sale 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 City of Cape May, including those referenced
in the definitions "food or grocery establishment" and "food provider."
Any person or entity that has a contract with the City of
Cape May for work or improvement to be performed, for a franchise
or concession, for grant monies, goods and services, or supplies to
be purchased at the expense of the City of Cape May, or to be paid
out of monies deposited in the Treasury or out of trust monies under
the control or collected by the City of Cape May.
Any building, structure or vehicle owned and operated by
the City of Cape May, its agents, agencies, and departments.
Interchangeable with "to go" packaging 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, serviceware for takeout foods and/or leftovers from partially
consumed meals prepared by food providers.
An applicant for any event permit issued by the City or any
City employee(s) responsible for any City-organized event.
All sales outlets, stores, shops, vehicles or other places
of business located within the City that operate to sell or convey
foods or beverages that are predominantly contained, wrapped or held
in or on packaging. The term shall include any 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
located in the City of Cape May that offers food or beverage to the
public.
An individual, business, event promoter, trust, firm, joint
stock company, corporation (including nonprofit and government corporations),
partnership, or association.
The location in the commercial establishment where the purchase
is made.
Blown expanded and extruded polystyrene (sometimes called
Styrofoam™) or other plastic foams
that 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 also includes clear
or solid polystyrene which is 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 that are prepared, served or packaged,
within the City of Cape May. 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 City of Cape May recycling
program or the Cape May 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 recycling centers, such as plastics # 1
and # 2.
A bag, made of cloth or other machine washable fabric, that
has handles; or a durable polyester bag that has handles and which
is specifically designed and manufactured for multiple reuse.
Any carryout bag that is made of plastic and that is not
either a single-use paper carryout bag or a reusable carryout bag,
except that the term "single-use plastic carryout bag" shall not include
the following:
Any non-handled bag whether plastic or not that is intended
to separate and prevent an item from damaging or contaminating another
item.
Laundry or dry-cleaning bags;
Newspaper bags;
Bags used to contain or wrap ice, frozen foods, meat, fish,
or other items, whether prepackaged or not, to prevent or contain
moisture;
Bags provided by pharmacists to contain prescription drugs;
Small clear plastic bags of less than four inches in depth that
are commonly provided to customers by hardware stores to hold screws
and bolts and other small items;
Bags sold in packages containing multiple bags intended for
use as garbage, pet waste, or yard waste bags.
Any bag listed in § 434-31.
A.
No operator of any store shall provide any single-use plastic carryout
bag to any customer for the purpose of enabling a customer to transport
products or goods out of the store; nor shall any business establishment
provide single-use plastic carryout bags at any City facility, City-sponsored
event, or event held on City property.
B.
Nothing in this section shall preclude operators of stores from providing
single-use paper bags to customers, or from making reusable bags available
for sale to customers. No operator shall preclude customers from using
their own reusable carryout bags.
A.
Food providers within the City of Cape May shall not provide food
in any disposable food serviceware that contains polystyrene/plastic
foam.
B.
Disposable food serviceware that contains polystyrene/plastic foam
is prohibited from use in all City of Cape May facilities.
C.
City of Cape May Contractors in the performance of City contracts
and event promoters may not provide food in disposable food serviceware
that contains polystyrene/plastic foam.
A.
All food or grocery establishments and food providers within the
City of Cape May utilizing disposable food serviceware shall use recyclable
or compostable products.
B.
Straws should preferably be made of paper or other natural material
or be reusable. However, all food providers may give straws, lids,
cutlery, and to-go condiment packages upon request of the customer.
C.
Wherever possible, all City of Cape May facilities utilizing disposable
food serviceware should use recyclable or compostable products.
D.
Wherever possible, while performing under a City of Cape May contract
or permit, City of Cape May Contractors and event promoters utilizing
disposable food serviceware should use recyclable or compostable products.
No business establishment or event promoter within the City
of Cape May shall 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 article. 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.
Products made from polystyrene/plastic foam which is wholly encapulated
or encased by a more durable material are exempt from the provisions
of this article. 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.
Construction products made from polystyrene/plastic foam are exempted
from this article if the products are used in compliance with the
City Code and used in a manner preventing the polystyrene/plastic
foam from being released into the environment.
C.
Emergency, hospital, and medical supply and services procurement:
In emergency situations and for the immediate preservation of the
public health or safety, City facilities, food vendors, City franchises,
contractors and vendors doing business with the City shall be exempt
from the provisions of this article.
D.
Laundry dry cleaning bags, newspaper bags, or packages of multiple
bags intended for use as garbage, pet waste, or yard waste; although
the City encourages the use of recyclable products throughout.
E.
Bags provided by physicians, dentists, pharmacists or veterinarians
to contain prescription drugs or other medical necessities.
F.
Bags used by a customer inside a business establishment to:
(1)
Contain bulk items, such as produce, nuts, grains, candy, or small
hardware items.
(2)
Contain or wrap frozen foods, meat, or fish, whether or not prepackaged.
(3)
Contain or wrap flowers, potted plants or other items to prevent
moisture damage to other purchases.
(4)
Contain unwrapped prepared foods or bakery goods.
G.
Bags of any type that the customer brings to the store for his or
her own use for carrying away from the store goods that are not placed
in a bag provided by the store.
H.
Meat trays are exempt from the provisions of this article.
I.
Any product purchased, prepared or packaged outside the City of Cape
May and sold in or delivered into the City are exempt from the provisions
of this chapter.
A.
The City Manager or his designee may recommend to City Council to
exempt a food or grocery establishment or food provider from the requirements
set forth in this article for up to a one-year period, upon the food
provider showing, in writing, that this article would create an undue
hardship or practical difficulty not generally applicable to other
persons in similar circumstances.
B.
The City Manager or his designee may recommend exemptions to allow
for the sale or provision of polystyrene/plastic foam products if
the food or grocery establishment or food provider can demonstrate
in writing a public health and safety requirement or medical necessity
to use the product.
C.
An exemption application shall include all information necessary
for the City Manager to make a recommendation to City Council, including
documentation showing factual support for the claimed exemption. The
City Manager or City Council may require the applicant to provide
additional information.
D.
The City Council may approve the exemption application in whole or
in part, with or without conditions.
Any person found in violation is guilty of a noncriminal infraction
punishable by a fine not to exceed the sum of $100 for a first offense,
and $500 for each offense thereafter.
