[HISTORY: Adopted by the City Council of the City of Somers
Point as indicated in article histories. Amendments noted where applicable.]
[Adopted 6-28-2018 by Ord. No. 6-2018]
The title of this article shall be "Single-Use Plastic Bag Regulations."
The purpose of these provisions is to promote:
A.
The protection of unique coastal resources found in Somers Point
and identified for protection in the policies of the New Jersey Department
of Environmental Protection-Coastal Management Program and the Federal
Solid Waste Disposal Act, 42 U.S.C. § 6901 et seq.
B.
Compliance with federal and state mandates for clean water, including
the National Pollutant Discharge Elimination System Permit Program
set forth in the Clean Water Act, 33 U.S.C. § 1251 et seq.,
and the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1
et seq.
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
Somers Point, and its bordering waterways, and the amount of material
going to landfills.
The following definitions shall govern the construction of this
article:
- CARRYOUT PLASTIC BAG
- A single-use or reusable plastic 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 carryout plastic bags to consumers in which to place items purchased or obtained at such establishment. Such term shall not include restaurants as defined in this section.
- EXEMPT BAG
- Reusable bags or any carryout bags that are a maximum of 11 inches by 17 inches, without handles provided for the customer to:
- POINT OF SALE
- The location in the commercial establishment where the purchase is made.
- RESTAURANT
- An establishment in which food and drink may be procured, provided that such food and drink is primarily consumed while seated at a table, counter or booth within the building.
- REUSABLE BAG
- Any bag with handles that is specifically designed and manufactured for multiple, long-term reuse and that is:
- SINGLE-USE PLASTIC BAG
- Any bag made of plastic that is provided to customers at point of sale for carryout purchases by a commercial establishment. Single-use bags do not include reusable bags or any carryout bags that are a maximum of 11 inches by 17 inches, without handles provided for the customer to:
- 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 the Code of the City of Somers Point, including, but not limited to, Chapter 202.
[Amended 7-25-2019 by Ord. No. 12-2019]
A.
No covered
store shall provide any single-use plastic carryout bags to a customer
at the check stand, cash register, point of sale or other point of
departure or point of distribution for the purpose of transporting
products or goods out of the business or store, except as otherwise
provided in this chapter.
B.
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.
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 Somers Point Environmental Commission, Somers Point Green Team
and any additional environmental organizations so designated by the
Somers Point Environmental Commission shall establish an outreach
and education program aimed at educating residents and covered store
owners on reducing the use of single-use carryout bags and increasing
the use of reusable carryout bags.
C.
To the extent that it is practical, the Somers Point Environmental
Commission and Somers Point Green Team shall seek the assistance of
private entities and local not-for-profit organizations to provide
and distribute reusable carryout bags to residents.
D.
All covered stores shall post signs, as approved by the Somers Point
Environmental Commission, in accordance with this chapter, at or near
points of sale located in such covered stores to notify customers
of the provisions of this article.
A.
Violations of this article shall be enforced as follows:
(1)
For the first violation, upon a determination by a local official designated within Subsection A(5), below, that a violation of this article 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 covered store violating or failing to comply
with any of the requirements of this article shall be subject to a
civil penalty of $100. For purposes of this article, each commercial
transaction shall constitute no more than one violation.
(3)
It shall be a violation of this article for a covered store to fail
to provide a receipt to a customer with an itemized charge for a carryout
plastic bag fee.
(4)
The City may seek legal, injunctive, or other equitable relief to
enforce this article. In such event, the City will be entitled to
be reimbursed for costs and counsel fees incurred from the responsible
covered store.
(5)
The primary official of the City of Somers Point responsible for
enforcing this article is the Code Enforcement Official who should
be notified by those citizens who believe that a violation of the
terms of this article may exist. Officials responsible for enforcement
of the terms and conditions of this article 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 a violation of this article 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 Somers
Point or such other court having jurisdiction to enforce this article.
Other officials of the zoning office and police department of the
City of Somers Point are also authorized to issue a summons or warning
for a violation of this article.
B.
The remedies and penalties provided in this article are cumulative
and not exclusive of other remedies and penalties available under
other provisions of applicable law.
A.
If any section, subsection, sentence, clause or phrase of this article
is for any reason held to be unconstitutional, invalid, or unenforceable
by a court of competent jurisdiction, such decision shall not affect
the remaining portions of this article.
B.
Any ordinance inconsistent with the terms of this article is hereby
repealed to the extent of such inconsistency.
This article shall take effect upon final passage and publication
pursuant to law. Violations and penalties will go into effect six
months after date of adoption.
