[HISTORY: Adopted by the Board of Commissioners of the Town of West New York 7-1-1959 by Ord. No. 848. Amendments noted where applicable.]
GENERAL REFERENCES
Food-handling establishments — See Ch. 207, Art. I.
Ozone-depleting compounds — See Ch. 215, Art. I.
Laundries and dry-cleaning establishments — See Ch. 234.
Nuisances — See Ch. 269.
ATTACHMENTS
Attachment 1 - Ord. No. 848 Preamble
The Board of Commissioners of the Town of West New York hereby finds, determines and declares that:
A. 
A serious public emergency exists by reason of the uncontrolled use, by certain businesses, of plastic coverings or bags in the Town of West New York.
B. 
The absence of proper supervision, regulations and controls of the aforesaid plastic coverings or bags would result in serious danger to the health, safety, life and welfare of the children of the Town of West New York.
C. 
To prevent such dangers to health, safety, life and welfare, preventive action by the Board of Commissioners of the Town of West New York is imperative.
D. 
Such supervision, regulations and controls are urgently needed in order to prevent danger to the health, safety, life and welfare of the children of the Town of West New York.
The adoption of this chapter is both urgent and necessary for the purpose of preventing the consequences hereinabove described and to make effective the policy of the Board of Commissioners of the Town of West New York.
When used in this chapter, the following terms shall mean and include:
PERSON
Any individual, corporation, partnership, association or any other organized group of individuals or the legal successor or representative of any of the foregoing.
PLASTIC COVERINGS OR BAGS
Any sheet, receptacle or bag produced or manufactured from material commonly known as "plastic" or "polyethylene."
REGULATION or REGULATIONS
The rules and regulations of the Health Officer and any amendments, modifications or repeaters thereof.
A. 
The powers and duties of the Health Officer shall be as follows: to make, promulgate, adopt, amend, modify, repeal and enforce such reasonable general and uniform rules and regulations as he may deem necessary:
(1) 
To adequately effectuate the terms and provisions of this chapter.
(2) 
For the exercise by him of the function, powers and duties conferred upon him hereunder.
(3) 
To supervise, control and regulate the use of plastic coverings or bags in the Town of West New York, consistent with the purpose of this chapter, as stated in § 287-1 hereof.
B. 
No regulation of the Health Officer or any amendment, modification or repealer thereof shall take effect until five days after it has been filed with the Clerk of the Town of West New York.
C. 
Any regulation or order issued in accordance with the provisions of this chapter by the Health Officer may be in such form and may contain such classification and differentiations as may provide for such adjustment or reasonable exception, as in his judgment are necessary or proper in order to effectuate the purpose of this chapter.
D. 
The Health Officer, guided by the consideration of safety to the life of children, shall make such other rules and regulations which may be required to facilitate the administration and enforcement of the provisions of this chapter with respect to the providing of safeguards to be approved by him, as a condition of granting approval of the use of the said plastic coverings or bags as referred to in this chapter.
[Amended 8-17-1960 by Ord. No. 872; 9-6-1961 by Ord. No. 894]
It shall be unlawful for any person who owns or operates a place of business in the Town of West New York, wherein plastic coverings or bags are sold or are furnished to customers of the said business in connection with the sale of any commodity whatsoever or with the rendering of any service whatsoever to said customers, unless such person or persons shall have first submitted to the Health Officer a sample or samples of said plastic coverings or bags and shall have received from the Health Officer, his written approval for the use of same as aforesaid.
[Amended 10-19-1977 by Ord. No. 1261]
Any person who Violates any provision of this chapter, or of any regulation, order or requirement hereunder, shall, upon conviction thereof, be punishable as provided for in Chapter 1, General Provisions, Article I.