[HISTORY: Adopted by the Borough Council
of the Borough of Pennington 9-2-1986 by Ord. No. 431. Amendments noted where
applicable.]
No person, firm or corporation shall cast, deposit,
dump, spill, drop or track, cause or permit to be cast, deposited,
dumped, spilled, dropped or tracked any material or substance, either
solid or liquid of any kind or description whatever, upon the surface
of any of the streets, roads, avenues, alleys, sidewalks or public
places or upon any vacant lot or other place within the borough, except
those placed on or near the street lines for the purpose of collection
in accordance with any ordinance or any applicable rules and regulations
concerning the collection of garbage and trash.
[Amended 12-6-1999 by Ord. No. 99-14]
Any person, persons, firm or corporation which
shall violate the provisions of this chapter shall, upon conviction,
be subject to a fine not exceeding $1,000, imprisonment for a term
not exceeding 90 days or a period of community service not exceeding
90 days, or any combination thereof. In addition, any person, persons,
firm or corporation found guilty of violation of any term of this
chapter shall be required to remove the material or substance which
was cast, deposited, dumped, spilled, dropped or tracked or caused
or permitted to be cast, deposited, dumped, spilled, dropped or tracked.
[Added 5-4-2020 by Ord.
No. 2020-2]
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, products and personal services. The definition includes,
but is not limited to, pharmacies, convenience stores, antique and
general merchandise stores, dry cleaners, food service establishments,
health and dental services, nail and hair services.
Any person purchasing goods or services from a store.
Any establishment that serves made-to-order food or beverages
for dine-in, takeout, or delivery.
Items that are prepared and made to be sold, including, but
not limited to, clothing, groceries, prepared food, foodstuffs, meat,
dairy, beverages, merchandise, books, clothing, jewelry, alcohol,
tobacco products, toys, and any and all other things and items sold
at retail by businesses and stores.
The person in control of, or having the responsibility for,
the operation of a store, which may include, but is not limited to,
the owner of the store.
Any establishment that provides services involving the care
of a person or his or her personal needs or apparel, including, but
not limited to, dental services, health services, nail and/or hair
care services.
Material that can be sorted, cleansed, and reconstituted
using available recycling collection programs for the purpose of using
the altered form in the manufacture of a new product.
A paper bag (of any size) that is 100% recyclable, is capable
of composting and is accepted for recycling in curbside programs in
the Borough. It displays the words "recyclable" on the outside of
the bag.
The sale of goods and products for use and/or consumption.
A bag made of cloth or other washable and sewn together material
with handles that is specifically designed and manufactured for multiple
reuses and meets all of the following additional requirements:
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. Such bags do not include the following:
A bag provided by a pharmacy to a customer purchasing a prescription
medicines that are intended to separate such items in order to reduce
contamination or maintain cleanliness.
A nonhandled bag used to prevent a purchased item from damaging
or contaminating other purchased items when placed in a recycled paper
bag, a reusable grocery bag, or a compostable plastic bag.
A bag provided to contain an unwrapped food item.
A nonhandled bag that is designed to be placed over articles
of clothing on a hanger.
[Added 5-4-2020 by Ord.
No. 2020-2]
Beginning with the effective date of this chapter[1], and lasting for a period of no less than six months,
Pennington Borough shall develop an education and outreach program
to encourage the transition from single-use plastic carryout bags
to alternatives including reusable bags (hereafter the "education
period"). The Borough shall work with area nonprofits and education
groups to develop and implement a plan to build public awareness among
area businesses and create education materials for voluntary use by
businesses in educating customers at point of sale locations. The
Environmental Commission is hereby tasked with implementing such program
and reporting back to Council on the results. The education period
may be extended by Council for such period and with such conditions
as it deems necessary.
[1]
Editor's Note: Ord. No. 2020-02 was adopted 5-4-2020.
This ordinance stated that "This ordinance shall be effective upon
its passage and publication as provided by law."
[Added 5-4-2020 by Ord.
No. 2020-2]
Beginning on the date six months from the effective date of
this chapter (hereafter, the enforcement period), no business or store
shall provide any single-use, plastic carryout bags 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.
[Added 5-4-2020 by Ord.
No. 2020-2]
During the enforcement period, all businesses and stores that
elect to provide carryout bags to a customer for the purpose of carrying
away goods or other material from the point of sale, subject to the
terms of this chapter, shall provide or make available to a customer
only recyclable paper carryout bags or reusable bags as defined in
this chapter. Nothing in this chapter prohibits customers from using
bags of any type which the customer may bring to the store themselves
or from carrying away goods that are not placed in a bag, in lieu
of using bags provided by the store.
[Added 5-4-2020 by Ord.
No. 2020-2]
The Borough Council may approve, with the concurrence of the
Environmental Commission, a request for an exemption from the requirements
of this chapter by any operator of a business or store which can establish
that it has no viable alternative to use of single-use plastic bags
in its business or that enforcement of the requirements will otherwise
cause it financial hardship. Any such exemption may be limited in
duration and subject to other conditions consistent with the purposes
of this chapter.
[Added 5-4-2020 by Ord.
No. 2020-2]
A.
After commencement of the enforcement period, the Borough Administrator
is hereby authorized to make all rules and regulations and take all
administrative measures as may be reasonable and necessary to enforce
the provisions of this chapter, subject to approval by the Pennington
Borough Council. The Borough may request the assistance and cooperation
of the Pennington Borough Police Department to assist in the discharge
of these duties, including the issuance of summonses as may be necessary.
B.
Enforcement authority includes the authority to investigate all reported
or apparent violations of any of the provisions of this chapter. If
a violation is determined to exist, the Borough will attempt to obtain
voluntary compliance for a period of no less than 30 days. If following
such period, compliance with this chapter has not been achieved to
the satisfaction of the Borough, a notice of violation shall be issued
by the Borough, followed by a summons in accordance with this section
