[Adopted 6-12-1990 by Ord. No. 3M-90 (Ch. 165, Art. VI, of the 1989 Code)]
A. 
The Township Council finds that discarded plastic and polystyrene foam packaging items constitute a notable portion of the content and volume of waste within Brick Township's waste stream and is, therefore, a necessary focus of any effort to reduce the filling of landfills utilized by Brick Township as well as to reduce the economic and environmental cost of waste management for the citizens of Brick Township.
B. 
The Township Council further finds that the inability of plastics to biodegrade has a significant impact on the marine environment The failure of plastics to biodegrade not only affects sea life but its accumulation on our beaches and in our lagoons and salt marshes, as well as the surrounding area, causes a blight on the aesthetic quality of our marine environment adding to the urgency of the need for plastic recycling in our community.
C. 
The Township Council further finds that the presence of a viable recycling infrastructure encourages the collection and proper disposition of accumulated plastic litter.
D. 
The Township Council hereby finds that the chemical composition and the ability of substance to biodegrade and the ability to recycle substances within the solid waste stream are a meaningful and useful criteria to focus upon when establishing public policy that is intended to improve the management of the disposal of solid waste, reduce the cumulative impact of litter, encourage composting and other forms of recycling, minimize the potential for toxic substances to form if solid waste is incinerated, reduce the volume of ash or other by-products that may be created by any burning of waste and otherwise anticipate environmental problems that may be caused by municipal solid waste disposal programs.
As used in this article, the following terms shall have the meanings indicated:
BIODEGRADABLE PACKAGING
Packaging made of cellulose based or other nonsynthetic polymer based substances that are capable of being readily attacked, decomposed, assimilated and otherwise completely oxidized or broken down by bacteria or other natural biological organisms into carbonaceous soil material or water and carbon dioxide.
PACKAGING
All food-related wrappings, containers, bags, boxes, cups, plates, drinking utensils, whether sold, conveyed, given or provided individually or in bulk, intended for use within Brick Township.
RETAIL ESTABLISHMENT
All sales outlets, stores, shops or other places of business located in the Township of Brick, which operate primarily to sell or convey products directly to the ultimate consumer. "Retail establishment" shall include but not be limited to any fixed or mobile restaurant; drive-in; coffee shop; cafeteria; short order cafe; delicatessen; luncheonette; grill; sandwich shop; soda fountain; tavern; bar; cocktail lounge; nightclub; roadside stand; take-out prepared food place; industrial feeding establishment catering kitchen; commissary; grocery store; public market; food stand; convenience store; retail store; or similar place in which products prohibited pursuant to §§ 390-30 and 390-31 are offered for sale or for service or for conveyance, on the premises or elsewhere; and any other establishment or operation where such prohibited items are provided for and to the public.
Effective July 1, 1991, any retail establishment which sells, gives or provides any prepared food in any cup, drinking vessel or food packaging composed of polystyrene or polyvinyl chloride or produced by any process utilizing chlorofluorocarbons shall offer adequate proof to the Township of a successful recycling program which recycles a minimum of 25% beginning July 1, 1992, 40% beginning July 1, 1993, and 51% beginning July 1, 1994, of food or beverage containers used by that establishment. Retail establishments failing to comply with this section shall be subject to the prohibitions set forth in § 390-31 of this article.
Effective January 1, 1992, any retail establishment which fails to comply with the recycling provisions set forth in § 390-30 of this article shall be prohibited from:
A. 
Selling, giving or providing any cup, drinking vessel or food packaging composed of polystyrene or polyvinyl chloride or produced by a process utilizing chlorofluorocarbons.
B. 
Selling, giving or providing any type of food to its customers in any polystyrene, polyvinyl chloride or chlorofluorocarbons-processed foam food packaging, nor shall any restaurant purchase, obtain or keep any of the prohibited foam food packaging for such purpose.
C. 
Selling, giving or providing any take-out food in any polystyrene, polyvinyl chloride or chlorofluorocarbon-processed foam take-out food packaging, nor shall any retail food vendor purchase, obtain or keep any of the prohibited foam packaging for this purpose.
D. 
Selling, giving or providing any food or any product directly to ultimate consumers within the Township of Brick unless such food is placed, wrapped or packed in biodegradable packaging or material which does not contain polystyrene or polyvinyl chloride or is not produced by any process utilizing chlorofluorocarbons.
E. 
Selling, giving or providing food containers to any consumers within the Township of Brick if such food containers are composed of polystyrene or polyvinyl chloride or produced by a process utilizing chlorofluorocarbons.
The Recycling Coordinator shall issue and promulgate such rules and regulations as may be necessary to implement and carry out the provisions of this article. Such rules and regulations shall be approved by the Mayor and Council by resolution prior to their implementation.
Although the following items, facilities and users are exempted, voluntary compliance with the recycling provisions of this article shall be encouraged:
A. 
Any product which is prepackaged by the manufacturer and which is offered for sale by the retail establishment to the public without any additional preparation by the retail establishment.
B. 
Any food packaging used at hospitals or nursing homes.
C. 
Any paper or other cellulose-based packaging that is coated with polyethylene plastic on only one side.
D. 
Any plastic covers for beverage containers or food containers and plastic eating utensils.
E. 
Any packaging for uncooked or unprepared meat, poultry or raw fish offered for sale to the general public in any grocery store, supermarket or otherwise.
F. 
Any retail establishment offering adequate proof to the Township that no viable alternative exists to the use of polystyrene or polyvinyl chloride or plastics produced by a process utilizing chlorofluorocarbons for the packaging of a specific product.
A. 
Any person violating or failing- to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not less than $100 nor more than as provided in Chapter 1, § 1-15, General penalty, as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
B. 
The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.