[HISTORY: Adopted by the Township Council of the Township of Saddle Brook as indicated in article histories. Amendments noted where applicable.]
[Adopted 9-8-2005 by Ord. No. 1364]
An article to establish requirements to control littering in the Township of Saddle Brook so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
For the purpose of this article, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this article clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including but not limited to any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
A container suitable for the depositing of litter.
Any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
A.
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
B.
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this article, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this article.
A.
Waterline flushing and discharges from potable water sources;
B.
Uncontaminated groundwater (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising groundwaters);
C.
Air-conditioning condensate (excluding contact and noncontact cooling water);
D.
Irrigation water (including landscape and lawn watering runoff);
E.
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows;
F.
Residential car washing water, and residential swimming pool discharges;
G.
Sidewalk, driveway and street wash water;
H.
Flows from fire-fighting activities;
I.
Flows from rinsing of the following equipment with clean water: Equipment used in the application of salt and deicing materials immediately following salt and deicing material applications. Prior to rinsing with clean water, all residual salt and deicing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded. Rinsing of equipment, as noted in the above situation, is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
This article shall be enforced by the Saddle Brook Police Department and/or other Township officials of the Township of Saddle Brook.
Any person(s) who continues to be in violation of the provisions of this article, after being duly notified, shall be subject to a fine not to exceed $5,000.
[Adopted 8-1-2019 by Ord. No. 1660-19]
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.
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, alcohol, tobacco products, toys, and any and all other things and items sold at retail by businesses and stores.
The individual charged with the enforcement of this article.
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 in a reusable or recycled bag.
A paper bag that is 100% recyclable overall, contains a minimum of 40% post-consumer 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.
Any commercial enterprise, whether or not operated for profit, including, but not limited to, mercantile establishments, department stores, food service establishments, restaurants, pharmacies, convenience and grocery stores, liquor stores, supermarkets, clothing stores, seasonal and temporary businesses, jewelry stores, and stores which sell household goods, or any other commercial establishment not specifically identified herein, which utilizes disposable plastic carryout bags for the conveyance of merchandise, but excluding bazaars or special events operated by a nonprofit organization or religious institution.
A bag with handles that is specifically designed and manufactured for multiple reuse and is either made from polyester, polypropylene, cotton or other durable material or plastic which is at least 2.25 mils in thickness and meets the following criteria:
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, meat, 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 products or 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 Township of Saddle Brook. The point of sale in such transactions is deemed to be at the retail establishment or store, regardless of where payment for the transaction physically occurs.
All retail establishments or stores shall provide customers only reusable bags and/or recyclable paper bags. No retail establishment or store shall provide any single-use plastic carryout bags 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 this article.
A.
A retail establishment or store may choose, in its discretion, to provide a credit to customers that choose to bring their own bags.
B.
Each retail establishment or store is strongly encouraged to educate its staff to promote the use of reusable bags, and to post signs encouraging customers to bring their own reusable bags.
C.
If a retail establishment or store makes available reusable plastic bags made of plastic film, the retail establishment or store is strongly encouraged to educate customers about plastic film recycling.
D.
Each retail establishment or store that provides takeout or delivery services is encouraged to provide customers with a choice to avoid use of reusable bags made of plastic.
All retail establishments or stores must provide at the point of sale, free of charge, compliant bags, at the retail establishment or store operator's option, to any customer who participates in or is the beneficiary of any United States government federal 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).
A designee appointed by the Mayor 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 Mayoral approval and are final, and they are not appealable except as otherwise provided for by law.
B.
The Township of Saddle Brook establishes a fee for exemption requests of $25.
C.
Temporary exemptions may be granted for a period of three months to six months.
Each retail establishment or store violating any of the provisions of this article shall, upon conviction thereof, be liable for a penalty as provided by law.
A.
The Health 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 or store has subsequent violations of this article after the issuance of an initial written warning notice of a violation, the following penalties will be imposed and shall be payable by the operator of the retail establishment or store:
(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.
The provisions of this article are declared to be severable and if any section, subsection, sentence, clause or phrase thereof for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining sections, subsections, sentences, clauses and phrases of this article, but they shall remain in effect; it being the legislative intent that this article shall stand notwithstanding the invalidity of any part.
This article shall take effect on January 1, 2020.
