[Adopted 2-3-2020 by Ord. No. 2020-03]
As used in this article, the following terms shall have the
meanings indicated:
Any establishment which serves made-to-order food or beverages
for dine-in, takeout, or delivery, including food trucks and mobile
carts.
Things and items that are prepared and made to be sold, including,
but not limited to, clothing, groceries, prepared food, groceries,
meat, dairy, beverages, merchandise, books, jewelry, alcohol, tobacco
products, toys, and any and all other things and items sold at retail
by businesses and stores.
Any bag without handles that is used exclusively to segregate
produce, meats, other food items, and merchandise to carry them inside
the store to the point of sale 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 inside of a reusable bag or recyclable paper carry-out bag.
The individual charged with the enforcement of this article.
A recyclable paper carry-out bag is a paper bag that is 100%
recyclable overall, contains a minimum of 40% postconsumer recycled
material, displays the words "recyclable" and "made from at least
40% postconsumer recycled content" in a highly visible manner on the
outside of the bag, and is compostable.
The sale of goods and products for use and/or consumption.
For the purpose of this article, "retail establishment" shall
mean any commercial establishment, whether or not operated for profit,
including, but not limited to, a mercantile establishment or store
that engages in the 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, food service establishments,
seasonal and temporary businesses, home-based businesses, indoor or
outdoor markets, and street fairs, which utilize plastic carry-out
bags for the conveyance of goods and products.
A bag that is designed and manufactured to withstand repeated
uses, is machine washable or made from a material that can be cleaned
and disinfected regularly and meets the following criteria:
If the bag is made from plastic, it is at least 2.25 mil thick,
has handles, contains a minimum of 20% post-consumer recycled content,
and clearly indicates on the outside that it is "reusable" or "reusable
and recyclable."
A retail establishment may rely on a manufacturer's, vendor's,
or distributor's representations regarding bag characteristics.
Any bag made predominantly of plastic derived from either
petroleum or a biologically-based source, such as corn or other plant
sources, that is provided by an operator of a retail establishment
or store to a customer at the point of sale. The term also includes
bags that are compostable or biodegradable, but does not include reusable
bags, produce bags or product bags (as defined above). This definition
specifically exempts the following from the category of "single-use
plastic carry-out bag":
Bags provided by operators and used by consumers inside retail
establishments or stores to:
Package bulk items, such as fruit, vegetables, nuts, grains,
candies, or small hardware items:
Contain or wrap frozen foods, meats or fish, whether packaged
or not;
Contain or wrap flowers, potted plants, or other items where
dampness may be an issue;
Contain unwrapped prepared foods or bakery goods; or
Contain prescription drugs.
Newspaper bags, door-hanger bags, laundry and/or dry-cleaning
bags, or bags sold in packages containing multiple bags intended for
use as food storage bags, garbage bags, yard waste bags, or pet waste
bags.
A.
No retail establishment or store shall provide to any customer a
single-use plastic carry-out bag provided for the purpose of transporting
goods out of the business or store at the check stand, cash register,
point of sale, or other point of departure, except as otherwise provided
in this article.
B.
These prohibitions apply to single-use plastic carry-out bags used
for take-out and/or deliveries from retail establishments or stores
within the Borough of Leonia. The point of sale in such transactions
is deemed to be at the retail establishment, regardless of where payment
for the transaction physically occurs.
A.
All retail establishments may make available to customers reusable
bags and recyclable paper carry-out bags for the purpose of carrying
goods or other materials away from the point of sale, subject to the
provisions of this article. The fee (if any) charged shall be reflected
in the sales receipt.
B.
Nothing in this article prohibits customers from using bags of any
type that they choose to bring to retail establishments or stores
themselves, in lieu of using bags available for a fee from the retail
establishment or store, or from carrying away purchased goods that
are not placed in a bag.
A.
All retail establishments or stores may make reusable bags and/or
recyclable paper carry-out bags available to customers upon request
for a fee of at least $0.10 per such bag if customers choose not to
bring their own reusable bags. Any fee shall be separately stated
on the receipt provided to the customer at the time of sale and shall
be identified as the "checkout bag charge" or use similar identifying
language. Small recyclable papers bags without handles and measuring
eight inches by 16 inches or less are exempt from any fee.
B.
All monies collected by retail establishments under this article
shall be retained by the store.
A.
A retail establishment may choose, in its discretion, to provide
a credit to customers that choose to bring their own recyclable paper
carry-out bags or reusable bags.
B.
Each retail establishment is strongly encouraged to educate its staff
to promote the use of recyclable paper carry-out bags or reusable
bags, and to post signs encouraging customers to bring their own recyclable
paper carry-out bags or reusable bags.
C.
Each retail establishment or store that provides takeout or delivery
services is encouraged to provide customers with a choice to avoid
use of single-use plastic carry-out bag.
All retail establishments must provide at the point of sale,
free of charge, compliant bags of the retail establishment operator's
choice, to any customer who participates in or is the beneficiary
of any United States government welfare program, or any local or Bergen
County welfare assistance program, or any New Jersey State welfare
program, including but not limited to, the New Jersey Supplemental
Nutritional Assistance Program ("SNAP") or the New Jersey State Supplemental
Security Income Program ("SSI").
The Mayor and Council, or their designee, may approve a written
request for a temporary exemption from the requirements of this article
by any operator of a retail establishment or store, with or without
conditions, due to demonstrated hardship in implementing this article
in the time set forth.
A.
Exemption decisions are effective upon Mayor and Council approval
and are final, and they are not appealable except as otherwise provided
for by law.
B.
The Borough of Leonia establishes a fee for exemption requests of
$25.
C.
Temporary exemptions may be granted for no more than once per retail
establishment and shall be for period lasting no more than of three
to six months.
Each retail establishment violating any of the provisions of
this article shall, upon conviction thereof, be liable for a penalty
as provided by law.
A.
The Property Maintenance Official or his/her designee has the responsibility
for enforcement of this article and may promulgate reasonable rules
and regulations in order to enforce the provisions thereof, including,
but not limited to, investigating violations and issuing fines.
B.
Any retail establishment or store that violates or fails to comply
with any of the requirements of this article after an initial written
warning notice has been issued for that violation shall be liable
for an infraction.
C.
If a retail establishment has subsequent violations of this article
after the issuance of an initial written warning notice of a violation
that requires compliance within five days of the written warning notice,
the following penalties will be imposed and shall be payable by the
operator of the retail establishment:
(1)
A fine not exceeding $50 for the first violation after the written
warning notice is given;
(2)
A fine not exceeding $100 for the second violation after the written
warning notice is given; or
(3)
A fine not exceeding $200 for the third and any subsequent violations
after the written warning notice is given.
Nothing in this article is intended to create any requirement,
power or duty that is in conflict with any federal or state law.
All ordinances or parts thereof in conflict or inconsistent
with this article are hereby repealed to the extent of such conflict
or inconsistency.
