As used in this chapter, the following terms shall have the meanings
indicated:
DEGRADABLE PACKAGING
Packaging made of cellulose-based or other substances that are capable
of being readily attached, 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 or, in the alternate,
capable of otherwise degrading within twelve (12) months of manufacture into
fragments that are small relative to the original size or into particles of
a molecular weight that is low when compared to that of the original material.
PACKAGING
All food-related wrappings, adhesives, cords, binding, bags, boxes,
containers and disposable or nonreusable plates, cups or drinking utensils
intended for use with the Township of Maplewood.
RETAIL FOOD ESTABLISHMENT
All sales outlets, stores, shops or other places of business located
within the Township of Maplewood which operates primarily to sell or convey
food directly to the ultimate consumer, which foods are predominantly contained,
wrapped or held in or on packaging. "Retail food establishment" shall include
but not be limited to any place where food is prepared, mixed, cooked, baked,
smoked, preserved, bottled, packaged, handled, stored, manufactured and sold
or offered for sale, including but not limited to any fixed or mobile restaurant,
drive-in, coffee shop, cafeteria, short order cafe, fast-food outlet, delicatessen,
luncheonette, grill, sandwich shop, soda fountain, tavern, bar, cocktail lounge,
nightclub, roadside stand, take-out prepared food place, industrial feeding
establishment, catering kitchen, grocery store, public food market, food stand
or similar place in which food or drink is prepared for sale or for service
on the premises or elsewhere and any other establishment or operation, including
homes, where food is processed, prepared, stored, served or provided for the
public for charge.
The Township Business Administrator shall issue and promulgate such
rules and regulations as may be necessary to implement and carry out the provisions
of this chapter.
The Township Engineer, the Township Construction Official, the Director
of the Township Department of Health and all employees of the Engineering,
Building and Health Departments so designated by the respective heads of those
departments, all municipal elected officials and all law enforcement officers
and all investigators of the Department of Police and the Director of the
Department of Fire and all employees so authorized by the Director of the
Department of Fire are hereby authorized and empowered to perform as law enforcement
officers solely with respect to the enforcement of the provisions of this
chapter by being empowered to issue summons for any violation thereof in accordance
with the rules governing the courts of the State of New Jersey.
Any person found guilty of violating any provision of this chapter shall
be punished by a fine not exceeding one thousand dollars ($1,000.). There
shall be a minimum fine of one hundred dollars ($100.) for each violation
of the provisions of this chapter when such violation involves a commercial
source or trade waste. Each violation and each day a violation is committed
or permitted to continue shall constitute a separate violation and shall be
punishable as such.
This chapter shall be void upon the enactment or adoption of any federal
and/or state law or regulation restricting the use of polystyrene, polyvinyl
chloride or degradable packaging.
This chapter shall take effect upon final passage and publication according
to law but shall apply to retail transactions consummated on or after December
8, 1990.
The adoption of this chapter will simplify solid waste management by
requiring uniform packaging practices within the township.