[Adopted by Ord. No. 1990-20 (§ 5-21 of the 1972 Ocean Codified Ordinances)]
A.
The Township Committee finds that discarded plastic and polystyrene
foam packaging items constitute notable portion of the content and
volume of waste within Ocean Township's waste stream and is,
therefore, a necessary focus of any effort to reduce the filling of
landfills utilized by Ocean Township as well as to reduce the economic
and environmental cost of waste management for the citizens of Ocean
Township.
B.
The Township Committee further finds that the inability of plastics
to biodegrade has 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 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 Committee further finds that the presence of viable
recycling infrastructure encourages the collection and proper disposition
of accumulated plastic litter.
D.
The Township Committee finds that the chemical composition and the
ability of substance to biodegrade, and the ability to recycle substances
within the solid waste stream are meaningful and useful criteria to
focus upon when establishing public policy that is intended to improve
the management of 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 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 are defined:
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.
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 Ocean Township.
All sales outlets, stores, shops or other places of business located in the Township, 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; takeout 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 §§ 318-13 and 318-14 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. For the purposes of this definition only, all municipal agencies and government buildings, as well as buildings owned and/or operated by the Ocean Township Board of Education within the confines of the Township, shall be considered "retail establishment" as defined herein, and subject to the same requirements as all other retail establishments as required by this article.
Effective January 1, 1991, any retail establishment which sells, gives or provides any prepared food in any cup, drinking vessel or food packaging composed of polystyrene, polyvinyl chloride or produced by any process utilizing chlorofluorocarbons shall offer adequate proof to the Township of successful recycling program which recycles minimum of 25% starting January 1, 1991, 40% starting January 1, 1992, and 51% starting January 1, 1993, of food or beverage containers used by that establishment. Retail establishments failing to comply with this subsection shall be subject to the prohibitions set forth in § 318-14.
Effective June 1, 1991, any retail establishment which fails to comply with the recycling provisions set forth in § 318-13 shall be prohibited from:
A.
Selling, giving or providing any cup, drinking vessel or food packaging
composed of polystyrene, polyvinyl chloride or produced by process
utilizing chlorofluorocarbons;
B.
Selling, giving or providing any type of food to its customers in
any polystyrene, polyvinyl chloride or chlorofluorocarbon 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 takeout food in any polystyrene,
polyvinyl chloride or chlorofluorocarbon processed foam takeout 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 unless such food is placed,
wrapped, or packed in biodegradable packaging or material which does
not contain polystyrene, polyvinyl chloride or is produced by any
process utilizing chlorofluorocarbons;
E.
Selling, giving, or providing food containers to any consumers within
the Township if such food containers are composed of polystyrene,
polyvinyl chloride or produced by 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 home;
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 alternatives to the use of polystyrene, polyvinyl chloride
or produced by process utilizing chlorofluorocarbons for the packaging
of specific product.
This law shall be enforced by the Recycling Coordinator.
Any person violating or failing to comply with any of the provisions
of this article shall, upon conviction thereof, be punishable by fine
of not less than $100 nor more than $1,000 or by imprisonment for
term not to exceed 90 days, or community service of not more the 90
days or any combination of fine, imprisonment and community service
as determined by the Municipal Court Judge. The continuation of such
violations 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.
A.
The violation on of any provision of this article shall be subject
to abatement summarily by restraining order or injunction issued by
court of competent jurisdiction.
