AN ORDINANCE AMENDING AND SUPPLEMENTING CHAPTER 263 (RETAIL AND COMMERCIAL PREMISES) TO PROHIBIT THE USE OF DISPOSABLE PLASTIC CARRYOUT BAGS COUNCIL offered and moved adoption of the following Ordinance: WHEREAS, Single-use checkout bags create significant litter problems in Jersey City’s neighborhoods, and also litter parks, sewer systems, and the Hudson and Hackensack Rivers. WHEREAS, the broad use of single-use carryout bags and their typical disposal creates an impediment to achievement of Jersey City’s environmental goals; and WHEREAS, the production and disposal of single-use checkout bags has significant environmental impacts, including the contamination of the environment, the depletion of natural resources, use of non-renewable polluting fossil fuels, and the increased clean-up and disposal costs; and WHEREAS, of all single-use carryout bags, plastic carryout bags have the greatest impacts on litter and marine life; and WHEREAS, the reduction in the use of disposable plastic carryout bags helps to protect the marine environment, advance solid waste reduction, reduce greenhouse gas emissions, and keep waterways clean; and WHEREAS, studies document that banning plastic carryout bags will dramatically reduce the use of plastic bags and increase customers' use of reusable bags; and WHEREAS, the Municipal Council finds that the reduction in the use of disposable plastic carryout bags by retail establishments in the City of Jersey City is a public benefit; and WHEREAS, the Municipal Council desires to reduce the number of disposable plastic carryout bags that are being used, discarded and littered and to promote the use of reusable carryout bags and recyclable paper bags by retail establishments located within the City of Jersey City. NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Jersey City that Chapter 263 (Retail and Commercial Premises) shall be amended as follows: CHAPTER 263 RETAIL AND COMMERCIAL PREMISES ARTICLE I ATTENDANTS ON DUTY § 263-1. NO CHANGE. ARTICLE II HOURS OF RETAIL BUSINESSES § 263-2. Through § 263-5. NO CHANGE. ARTICLE III USE OF DISPOSABLE PLASTIC CARRYOUT BAGS PROHIBITED § 263-6. Definitions. CARRYOUT BAG shall mean a bag provided by a retail establishment to a customer at the point of sale for customers but shall not include: (1) bags, whether plastic or not, in which loose produce or products are placed by a consumer to deliver such items to the point of sale or check-out area of a Retail Establishment; (2) laundry or dry-cleaning bags; (3) newspaper bags; (4) bags used to contain or wrap frozen foods, meat, fish, or other items whether prepackaged or not, to prevent or contain moisture; (5) bags provided by pharmacists to contain prescription drugs; or (6) bags sold in packages containing multiple bags intended for use as garbage, pet waste, or yard waste bags. DISPOSABLE PLASTIC CARRYOUT BAG shall mean a bag, made of plastic, which is not a Reusable Bag. FOOD SERVICE ESTABLISHMENT shall mean any establishment which serves madeto-order food or beverages for dine-in, take-out or delivery. RECYCLABLE shall mean material that can be sorted, cleansed, and reconstituted using Jersey City’s available recycling collection programs for the purpose of using the altered form in the manufacture of a new product. Recycling does not include burning, incinerating, converting, or otherwise thermally destroying solid waste. RECYCLABLE PAPER BAG shall mean a paper bag that is 100% recyclable and contains at least 40% post-consumer recycled content and displays the words “Recyclable” and “made from 40% post-consumer recycled content” in a visible manner on the outside of the bag. RETAIL ESTABLISHMENT shall mean 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, supermarket, 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. REUSABLE BAG shall mean 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: (1) Has a minimum lifetime capability of 125 or more uses carrying 22 or more pounds over a distance of at least 175 feet; and (2) is capable of being washed so as to be cleaned and disinfected at least 100 times. § 263-7. Use of Reusable and Recyclable Carryout Bags Mandatory. All Retail Establishments shall provide customers only Reusable Bags and/or Recyclable Paper Bags. No Retail Establishment 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 Chapter. Nothing in this section shall be read to preclude Retail Establishment from making reusable bags available for sale to customers or from customers using their own reusable bags. § 263-8. Violations and penalties. The penalty for a violation of this Chapter shall be as provided in Chapter 1, General Provisions, § 1-25 except that Retail Establishments found to be in violation of this Chapter shall be subject to a minimum fine of $100 per infraction. § 263-9. Severability. If any sentence, section, clause or other portion of this Ordinance, or the application thereof to any person or circumstance, shall for any reason be adjudged by a court of competent jurisdiction to be invalid, such judgment shall not affect, impair or repeal the remainder of this Ordinance. I. All Ordinances and parts of Ordinances inconsistent herewith are hereby repealed. II. This Ordinance shall be a part of the Jersey City Code as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Jersey City Code. III. This Ordinance shall take effect six (6) months following passage and publication. IV. The City Clerk and Corporation Counsel be and they are hereby authorized and directed to change any chapter numbers, article numbers and section numbers in the event that the codification of this Ordinance reveals that there is a conflict between those numbers and the existing code, in order to avoid confusion and possible accidental repealers of existing provisions. NOTE: 6/7/18 All new material is underlined; words in [brackets] are omitted. For purposes of advertising only, new matter is boldface and repealed matter by italics.