The intent of this Ordinance is to adopt regulations relating
to and limiting the use of plastic bags by businesses in the Borough
of Harvey Cedars. 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 plastic bags, to further incentivize the use
of reusable bags at businesses, and, ultimately, to protect the environment,
wildlife, and 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 live or previously live and now frozen substance used
to attract and catch fish or crabs on the end of a fishing hook or
inside a bait trap.
For the purposes of this Chapter, any retail establishment
that engages in the retail sale of goods and products. The definition
includes, but is not limited to, pharmacies, supermarkets, grocery
stores, convenience stores, clothing stores, surf shops, food marts,
and food service establishments.
Any establishment which serves made-to-order food for dine-in,
takeout, or delivery.
A large, zippered 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, diary, 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 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.
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, is at least 2.25 mil
thick if made from plastic, 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" 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, product bags, or garment
bags.
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.
Single-use, plastic carryout bags may be used by businesses
or stores to sell bait.
