[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.]
The title of this chapter shall be "Single-Use Bag Regulations."
The purpose of these provisions is to promote:
A.Â
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.Â
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.Â
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.Â
A reduction in the amount of waste/debris throughout the City of
Ventnor and bordering waterways, and the amount of material going
to landfills.
The following definitions shall govern the construction of this
chapter:
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.
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.
Any person or establishment doing business within the City
of Ventnor that has dine-in facilities, such as a restaurant.
The location in the commercial establishment where purchase
is made.
Any bag with handles that is specifically designed and manufactured
for multiple, long-term reuse, made of:
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:
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]
A.Â
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.Â
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.Â
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.
A.Â
"Exempt bag" means any of the following: reusable bags or any carry-out
bags that are a maximum of 11 inches by 17 inches:
B.Â
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.Â
This chapter shall not apply to any food service establishment or
street vendor.
A.Â
There will be a six-month education period before any fee is required
to be charged by covered stores or any violation imposed.
B.Â
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.Â
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.Â
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.
A.Â
Violations of this chapter shall be enforced as follows:
(1)Â
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)Â
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)Â
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)Â
No covered store that fails to post signs in compliance with § 189-6D of this chapter shall be liable for a civil penalty.
(5)Â
The City Attorney may seek legal, injunctive, or other equitable
relief to enforce this chapter.
(6)Â
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.Â
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.