[HISTORY: Adopted by the Township Committee of the Township
of Readington 7-20-2020 by Ord. No. 22-2020. Amendments noted
where applicable.]
The purpose intent of this chapter is to adopt regulations relating
to and limiting the use of single-use nonbiodegradable plastic bags,
polystyrene foam containers and plastic straws by businesses in the
Township of Readington under its police powers. The regulations are
intended as necessary and proper steps by the Township to address
a significant global problem relating to the sale and use of single-use
plastic bags, polystyrene foam containers and plastic straws; to further
incentivize the use of reusable bags at businesses, and ultimately
to protect the environment, wildlife, and the public health, welfare
and safety.
The following definitions shall apply to this ordinance:
Refers to any retail establishment that engages in the retail
sale of goods and products. The definition includes, but is not limited
to pharmacies, supermarkets, grocery stores, convenience stores, clothing
stores, dry cleaners, food marts, and food service establishments.
The date on which final adoption and publication in accordance
with the law are complete.
Shall be 180 days from the effective date of this ordinance,
or January 1, 2021, whichever is later.
Any establishment which serves made-to-order food or beverages
for dine-in, takeout or delivery.
Refers to a large bag incorporating a hanger on which garments
may be hung to prevent wrinkling during travel or storage and used
to protect and transport clothing or other textiles.
Things and items that are prepared and made to be sold, including,
but not limited to, clothing, groceries, prepared food, foodstuffs,
meat, dairy beverages, merchandise, books, jewelry, tobacco products,
toys and any other things and items sold at retail by businesses and
stores.
Refers to any bag without handles that is used exclusively
to segregate produce, meat, other food items and merchandise to the
point of sale inside a store or to prevent such items from coming
into direct contact with other purchased items, where such contact
could damage or contaminate other food or merchandise when placed
together in a reusable or recycled bag.
The sale of goods and products for use and/or consumption.
Refers to a bag that is designed and manufactured to withstand
repeated uses over a period of time, is machine washable or made from
a material that can be cleaned and disinfected regularly, is at least
2.25 mil thick if made from plastic, has a minimum lifetime of 75
uses and its capable of carrying a minimum of 18 pounds.
A bag, sheet, or receptacle produced or manufactured from
material commonly known as "plastic" or "polyethylene" which does
not decompose within 12 months, provided at the check out stand, cash
register, point of sale, or other point of departure for the purpose
of transporting goods or products out of the establishment. The term
"single-use plastic carryout bag" does not include reusable bags,
produce or product bags or garment bags.
A.
No business or store shall provide any single-use plastic carryout
bags, polystyrene foam containers and/or plastic straws to a customer
at the checkout stand, cash register, point of sale or other point
of departure for the purpose of transporting products or goods out
of the business or store except as otherwise provided in the chapter.
B.
Paper bags may be made available and it will be up to the discretion
of businesses or stores whether or not they wish to charge for those
bags.
C.
Businesses or stores may only make paper straws available.
D.
Restaurant take-out containers shall be recyclable #1 or #2 or biodegradable.
A.
Unless an application for an extension as been made to the Township
Committee in writing, all businesses and stores must be in compliance
with this ordinance by the enforcement date. All such requests must
be made prior to the enforcement date.
B.
The Township Committee may, in the Township's sole discretion,
grant an extension of time for compliance with this ordinance when
a business or store makes an application for an extension. Upon such
application, the Township Committee shall consider whether the business
or store has made adequate good faith efforts to comply with the chapter
by the enforcement date and has been unable to do so for compelling
reasons. The Township Committee may, in its sole discretion, grant
an extension for not longer than 180 additional days from the enforcement
date.
C.
Any business or store found not to be in compliance with this ordinance
on the enforcement date and which has not made application to the
Township Committee for an extension as provided in this section, shall
be in violation of this ordinance and subject to the violation and
penalties prescribed herein.
Each business or store violating any of the provisions of this
section shall, upon conviction thereof in municipal court be subject
to a penalty of up to $500 for a first offense, up to $1,000 for a
second offense and up to $2,500 for a third offense. If the violation
is of a continuing nature each day during which it continues shall
constitute an additional, separate and distinct offense.
All ordinances or parts of ordinances inconsistent with this
ordinance are hereby repealed to the extent of such inconsistency.
If the provision of any article, section, subsection, paragraph,
subdivision or clause of this ordinance shall be adjudged by a court
of competent jurisdiction to be invalid, such order or judgment shall
not affect, impair or invalidate the remainder or any such article,
section, subsection, paragraph, subdivision or clause and, to this
end, the provisions of this ordinance are hereby declared to be severable.
