[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.]
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:
Any individual, corporation, partnership, association or
any other organized group of individuals or the legal successor or
representative of any of the foregoing.
Any sheet, receptacle or bag produced or manufactured from
material commonly known as "plastic" or "polyethylene."
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:
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.
