Ventnor City, NJ Chapter 189 Single-Use Bags

[HISTORY: Adopted by the Board of Commissioners of the City of Ventnor City 2-22-2018 by Ord. No. 2018-02. Amendments noted where applicable.]

§ 189-1 Title.

The title of this chapter shall be "Single-Use Bag Regulations."

§ 189-2 Purpose.

The purpose of these provisions is to promote:

A. The protection of unique coastal resources found in Ventnor and identified for protection in policies of the NJDEP — Coastal Management Program; 42 U.S.C. § 6901 et seq., Solid Waste Disposal Act.

B. Compliance with federal and state mandates for clean water (including National Pollutant Discharge Elimination System Permit Program), 33 U.S.C. § 1251 et seq., Clean Water Act; N.J.S.A. 58:10A-1 et seq., New Jersey Water Pollution Control Act.

C. A reduction in the amount of plastic and paper material that is manufactured, transported, handled/processed, and discarded, and the impacts associated with such activities.

D. A reduction in the amount of waste/debris throughout the City of Ventnor and bordering waterways, and the amount of material going to landfills.

§ 189-3 Definitions.

The following definitions shall govern the construction of this chapter:

CARRY-OUT BAG

A single-use or reusable bag that is provided by a covered store to a customer at the point of sale and is used to carry goods from such store.

COVERED STORE

A general vendor, retail, or wholesale establishment engaged in the sale of personal, consumer, or household items, including but not limited to drug stores, pharmacies, grocery stores, supermarkets, convenience food stores, packaged goods sellers, or liquor stores, that provide carry-out bags to consumers in which to place items purchased or obtained at such establishment. Such term shall not include food service establishments, as defined below.

FOOD SERVICE ESTABLISHMENT

Any person or establishment doing business within the City of Ventnor that has dine-in facilities, such as a restaurant.

POINT OF SALE

The location in the commercial establishment where purchase is made.

REUSABLE BAG

Any bag with handles that is specifically designed and manufactured for multiple, long-term reuse, made of:

A. Cloth or other machine- or hand-washable fabric; or

B. Other durable material, including plastic that is at least 2.25 mils thick.

SINGLE-USE BAG

Any bag, paper or plastic, that is provided to customers at point of sale for carry-out purchases by a commercial establishment. Single-use bags do not include reusable bags or any carry-out bags that are a maximum of 11 inches by 17 inches, without handles, provided for the customer:

A. To transport produce, bulk food, meat, or seafood from a produce, bulk food, meat, or seafood department within a store to the point of sale; or

B. To hold prescription medication dispensed from a pharmacy.

STREET VENDOR

Any person or business peddling, vending, selling, or displaying for sale on a seasonal or one-time basis any merchandise or food that is presented from a mobile setting, including a vehicle, cart, tent, table, or stand. This includes all businesses at farmers markets, street festivals, and other events requiring group or special event permits as described in Ventnor City Ord. 2017-034.[1]

[1] Editor's Note: See Ch. 193, Special Events, Art. I, Permits, of this Code.

§ 189-4 Carry-out bag fee.

A. Commencing on October 1, 2018, covered stores shall charge a fee of not less than $0.05 for each carry-out bag provided to any person. No covered store shall be required to charge such fee for an exempt bag. All monies collected by a covered store under this chapter shall be retained by the store.

B. No covered store shall charge a carry-out bag fee for bags of any kind provided by the customer in lieu of a carry-out bag provided by any such covered store.

C. No covered store shall prevent a person from using a bag of any kind that they have brought to any such covered store for purposes of carrying goods from such store.

§ 189-5 Exemptions.

A. "Exempt bag" means any of the following: reusable bags or any carry-out bags that are a maximum of 11 inches by 17 inches:

(1) To transport produce, bulk food, meat, or seafood from a produce, bulk food, meat, or seafood department within a store to the point of sale; or

(2) To hold prescription medication dispensed from a pharmacy.

B. All covered stores that provide carry-out bags to customers shall provide carry-out bags free of charge for items purchased at such covered store by any person using the New Jersey State Supplemental Nutritional Assistance Program, EBT, or New Jersey State Special Supplemental Nutrition Program for Women, Infants and Children as full or partial payment.

C. This chapter shall not apply to any food service establishment or street vendor.

§ 189-6 Outreach and education.

A. There will be a six-month education period before any fee is required to be charged by covered stores or any violation imposed.

B. The Ventnor Green Team and Surfrider Foundation, South Jersey Chapter, shall establish an outreach and education program aimed at educating residents and covered store owners on reducing the use of single-use carry-out bags and increasing the use of reusable carry-out bags.

C. To the extent that is practical, the Ventnor Green Team shall seek the assistance of private entities and local not-for-profit organizations to provide and distribute reusable carry-out bags to residents.

D. All covered stores shall post signs in accordance with this chapter at or near points of sale located in such covered stores to notify customers of the provisions of this chapter.

§ 189-7 Violations and penalties; enforcement.

A. Violations of this chapter shall be enforced as follows:

(1) For the first violation, upon a determination that a violation of this chapter has occurred, the City shall issue a written warning notice to the commercial establishment which will specify the violation and the appropriate penalties in the event of future violations.

(2) Thereafter, any person or store violating or failing to comply with any of the requirements of this chapter shall be subject to a civil penalty of $100. For purposes of this chapter, each commercial transaction shall constitute no more than one violation.

(3) It shall be a violation of this chapter for a covered store to fail to provide a receipt to a customer with an itemized charge for a carry-out bag fee.

(4) No covered store that fails to post signs in compliance with § 189-6D of this chapter shall be liable for a civil penalty.

(5) The City Attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

(6) The primary official of the City of Ventnor responsible for enforcing this chapter is the Director of Public Works, who should be notified by those citizens who believe that a violation of the terms of this chapter may exist. Officials responsible for enforcement of the terms and conditions of this chapter are entitled to exercise their discretion in determining the existence of any violation or in determining whether to seek any combination of fines and penalties provided for violation of this chapter should be imposed or to use other means of enforcement, including persuasion or issuance of warnings. Nothing shall prevent a citizen, homeowner or other interested person from acting as a complaining witness in the Municipal Court of Ventnor or such other court having jurisdiction to enforce this chapter. Officials of the Zoning Office and Police Department of the City of Ventnor are also authorized to issue a summons or warning for a violation of this chapter.

B. The remedies and penalties provided in this chapter are cumulative and not exclusive of other remedies and penalties available under other provisions of applicable law.