40%
grit:

An ordinance to replace Hoboken City Code ?148
entitled ?Plastic Bags? to regulate the use by
retail establishments of single use plastic carry
out bags and recyclable paper bags and to
promote the use of reusable bags in the City of
Hoboken

Introduced, passed ?rst reading as read and laid
on the table for further consideration of the
council at its next meeting to be held on June 20,
$2018 at 7pm.

City Clerk
6/6/2018

Passed second and final reading.

City Clerk
6/20/201 8

 SPONSORED BY:
SECONDED BY:

CITY OF HOBOKEN
ORDINANCE NO.:

AN ORDINANCE TO REPLACE HOBOKEN CITY CODE 148
ENTITLED TO REGULATE THE USE BY RETAIL
ESTABLISHMENTS OF SINGLE USE PLASTIC CARRY-OUT BAGS
AND RECYCLABLE PAPER BAGS AND TO PROMOTE THE USE OF
REUSABLE BAGS IN THE CITY OF HOBOKEN

WHEREAS, on average, one person uses 500 single-use disposable bags per year, 4
billion single use shopping bags are used annually in New Jersey and 102 billion are used
nationwide; and,

WHEREAS, windblown plastic bags degrade our City and the Hudson River, and 80%
0f the plastic and trash that ?nds its way into our oceans comes from the land; and,

WHEREAS, microplastic pollution in oceans can accumulate toxic chemicals, harms
marine life, and can be consumed by humans via seafood; and,

WHEREAS, 12 million barrels of oil are used annually to make the plastic bags that
Americans use; and,

WHEREAS, the City of Hoboken desires to reduce the use of single-use plastic bags by
all residents and merchants; and,

WHEREAS, the Hoboken Green Team established a subcommittee to lead a reusable
bag education program, with the speci?c goal of reducing single-use plastic bags in Hoboken;
and,

WHEREAS, the Hoboken Green Team has educated residents and merchants about the
importance of reducing the use of single?use plastic bags through events such as the annual
Green Fair and movie screenings, educational information on the City website, and distributing
nearly 1,000 reusable bags to Hoboken residents; and,

WHEREAS, through educational outreach by the Green Team, the general Hoboken
community, including the business, educational, and general populace, have indicated their
desire to eliminate the use of single?use plastic bags and thus join in the movement to act in ways
that demonstrate environmental, health, and economic responsibility to our planet and to our
local and regional populations; and,

WHEREAS, Hoboken residents understand that reusable bags consume far less energy
and natural resources than single use plastic carry?out bags and recyclable paper carry-out bags;
and,

 

 

 

 
  

 

 

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WHEREAS, all single use carry-out bags are wasteful, and while recyclable paper carry-
out bags present adverse impacts on the environment, these impacts are less so than single use
plastic carry-out bags because they naturally decompose in the environment while plastic bags
degrade at a much slower rate and release toxic materials during that process as well as pollute
waterways; and,

WHEREAS, in accordance with N.J.S.A. 40:48-2, a municipality in New Jersey may
enact such ordinances ?as it may deem necessary and proper for the good government, order and
protection of persons and property, and for the preservation of the public health, safety and
welfare of the municipality and its inhabitants? and regulating the use of plastic bags will
preserve the public health, safety, and welfare of the municipality.

NOW, THEREFORE, the City Council of the City of Hoboken does hereby Ordain as
follows:

SECTION ONE: The full text of Hoboken City Code Chapter 148 entitled ?Plastic Bags? shall
be replaced with the following:

148-1 DEFINITIONS

The following definitions apply to this Ordinance:

(1) The term ?customer? means any person purchasing goods or services from a retail
establishment.

(2) The term ?operator? means the person in control of, or having the responsibility for, the
operation of a retail establishment, which may include, but is not limited to, the owner of the
retail establishment.

(3) The term ?person? means any natural person, firm, corporation, partnership, or other
organization or group however organized.

(4) The term ?single use plastic carry?out bag? means 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 to a customer at the point of
sale. The term includes compostable and biodegradable bags but does not include reusable
bags, produce bags, or product bags. This de?nition specifically exempts the following from
the category of?Single Use Plastic Carry-out Bag?:

(3) bags provided by operators and used by consumers inside retail establishments to:

(1) package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware
items;

(2) contain or wrap frozen foods, meat, or ?sh, whether packaged or not;

(3) contain or wrap ?owers, potted plants, or other items where dampness may be an
issue;

 

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(4) contain unwrapped prepared foods or bakery goods, or
(5) pharmacy prescription bags.

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.

(5) The term ?compliant bag? means recyclable paper carry-out bags and reusable bags.

A recyclable paper carry?out bag is a paper bag that meet all of the following minimum
requirements:

(1) it is one hundred percent (100%) recyclable overall and contains a minimum of forty
percent post-consumer recycled material;

(2) it can be composted; and

(3) it displays the words ?recyclable? and/or ?reusable? in a highly visible manner on the
outside of the bag.

A reusable bag is a bag made of cloth or other washable fabric with handles that are
speci?cally designed and manufactured for multiple reuse and meets all of the following
additional requirements:

(1) it has a minimum lifetime of 125 uses;
(2) it can carry a minimum of 22 pounds;
(3) it is machine?washable or is made from a material that can be cleaned or disinfected;

(4) it does not contain lead, cadmium, or any other heavy metal in toxic amounts, as
de?ned by applicable state and federal standards and regulations; and

(5) if made of plastic, it is a minimum of at least 2.25 mils thick.

(6) The term ?post-consumer recycled material? means a bag constructed of a material that
would otherwise be destined for solid waste disposal, having completed its intended end use
and product life cycle. ?Post-consumer recycled material" does not include materials and by?
products generated from, and commonly reused within, an original manufacturing and
fabrication process.

(7) The term ?produce bag? or ?product bag? means a very thin bag without handles used
exclusively to carry produce, meats, or other food items to the point of sale inside a retail
establishment or, for reasons of public health and safety, to prevent such food items from
coming into direct contact with other purchased items.

 

 

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(8) The term ?recyclable? means material that can be sorted, cleansed, and reconstituted using
available recycling collection programs for the purpose of reusing the altered, incinerated,
converted, or otherwise thermally destroyed solid waste generated therefrom.

(9) The term ?retail establishment? means any store or commercial establishment that sells
perishable or nonperishable goods including, but not limited to, clothing, food, and personal
items directly to the customer and is located within or doing business within the
geographical limits of the City of Hoboken. Retail establishments include: a business
establishment that generates a sales or use-tax; a drug store, pharmacy, supermarket, grocery
store, convenience food store, food mart, or other commercial entity engaged in the retail
sale of a limited line of goods that include milk, bread, soda, and snack foods; a public
eating establishment a restaurant, take-out food establishment, or any other business
that prepares and sells prepared food to be eaten on or off its premises; and business
establishment that sells clothing, a hardware store, or any other non?perishable goods.
?Retail establishment? does not include non?profit charitable reusers as de?ned in Section
501(c)(3) of the Internal Revenue Code of 1986, or a distinct operating unit or division of
the charitable organization that reuses and recycles donated goods or materials and receives
more than ?fty percent of its revenues from the handling and sale of those donated
goods or materials.

?148-2 SINGLE USE PLASTIC CARRY-OUT BAGS PROHIBITED

No retail establishment shall provide to any customer a single use plastic can?y-out bag, as
de?ned in ?148-1, above. This prohibition applies to bags provided for the puipose of carrying
goods away from the point of sale and does not apply to product bags or to produce bags used to
carry produce within the retail establishment to the point of sale. The prohibition applies to
single use plastic carry-out bags used for take?out deliveries from retail establishments within the
City of Hoboken. The point of sale in such transactions is deemed to be at the retail
establishment, regardless of where payment for the transaction physically occurs.

?148-3 COMPLIANT BAGS FOR A FEE

1) All retail establishments shall make available to customers, for a fee, compliant bags, as
de?ned herein, for the puipose of carrying goods or other materials away from the point of
sale, subject to the provisions of this Ordinance. The fee charged shall be re?ected in the
sales receipt.

(2) Nothing in this Ordinance prohibits customers from using bags of any type that they choose
to bring to retail establishments themselves, in lieu of using bags available for a fee from the
retail establishment, or from carrying away goods that are not placed in a bag.

?148-4 REGULATION OF RECYCLABLE PAPER CARRY-OUT BAGS

(1) All retail establishments shall make recyclable paper carry?out bags available to customers
upon request for a fee of at least 10 cents but not more than 25 cents per bag if customers
choose not to bring their own reusable bags.

 

 

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(2)

A retail establishment may provide customers with a reusable bag, as de?ned herein, for a
fee of at least 10 cents.

?148-5 USE OF REUSABLE BAGS 0R RECYCLABLE PAPER CARRY-OUT BAGS

(1)

(2)

All retail establishments must provide customers with compliant bags, upon request, if
customers fail to bring their own bags, in accordance with the fee structure set forth in ?l48?
4, above. A retail establishment may choose, in its discretion, to provide a credit to
customers that choose to bring their own bags.

Each retail establishment shall be strongly encouraged to educate its staff to promote the use
of reusable bags and to post signs encouraging customers to use reusable bags rather than
recyclable paper carry?out bags.

?148~6 EXENIPT CUSTOMERS

(1)

(2)

(3)

(4)

All retail establishments must provide at the point of sale, free of charge, compliant bags, at
the retail establishment operator?s option, to any customer who participates in, or is a
bene?ciary of, any United States government federal welfare program, or any local or
Hudson 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 (S SI).

The Mayor or his/her designee may approve, with the concurrence of the City Council
Environment Subcommittee, a request for an exemption from the requirements of this
Ordinance by any operator of a retail establishment, with or without conditions. If the
Subcommittee withholds or denies concurrence on an exemption, the Mayor may seek
concurrence from the City Council as a whole, but concurrence from the Subcommittee or
the Council is required for the granting of an exemption.

Exemption decisions are effective upon approval and are final, and they are not appealable,
except otherwise provided for by law.

The City of Hoboken establishes a fee for exemption requests of $100.

?14s?7 REMEDIES

(1)

The City of Hoboken shall assist operators of retail establishments by referring them to
appropriate municipal website(s) with information to retail associations, unions, and other
organizations to create educational materials concerning the benefits of reusable bags rather
than recyclable paper carry-out bags and to locate sources for the wholesale purchase of
reusable bags. Any such information may include signage at retail establishment locations,
informational literature, and employee training and shall take place before and after the
operative date.

 

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(2) All retail establishments shall be strongly encouraged to educate their staff in ways to
promote reusable bags as the best environmental and economic option for carry?out bags and
to post signs encouraging customers to use reusable bags.

?148-8 ENFORCENIENT AND VIOLATION PENALTY

The Director of the Department of Environmental Services, or his/her designee, has the
responsibility for enforcement of this Ordinance and may promulgate reasonable rules and
regulations in order to enforce the provisions thereof, including, but not limited to,
investigating violations and issuing ?nes.

(2) Any retail establishment that violates or fails to comply with any of the requirements of this
Ordinance after an initial written warning notice has been issued for that violation shall be
liable for an infraction.

(3) If a retail establishment has subsequent violations of this Ordinance 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: a fine not exceeding one
hundred dollars ($100.00) for the first violation after the written warning notice is given; 
a fine not exceeding two hundred dollars ($200.00) for the second violation after the written
warning notice is given; or a fine not exceeding five hundred dollars ($500.00) for the
third and any subsequent violations after the written warning notice is given.

(4) A fine shall be imposed for each day a violation occurs or is allowed to continue.

(5) Any appeal of a written warning notice or fine shall be conducted pursuant with standard
municipal regulations and procedures concerning appeals already adopted by the City of
Hoboken.

SECTION TWO: NO CONFLICT WITH FEDERAL OR STATE LAW

Nothing in this ordinance is intended to create any requirement, power or duty that is in con?ict
with any federal or state law.

SECTION THREE: REPEAL OF INCONSISTENT PROVISIONS

All ordinances or parts thereof in con?ict or inconsistent with this Ordinance are hereby
repealed, but only to the extent of such con?ict or inconsistency, it being the legislative intent
that all such ordinances or part of ordinances now existing or in effect unless the same are in
con?ict or inconsistent with any provision of this Ordinance shall remain in effect.

SECTION FOUR: SEVERABILITY

The provisions of this Ordinance 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

 

 



 

 

 

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court of competent jurisdiction, such decision shall not affect the validity of the remaining
sections, subsections, sentences, clauses and phrases of this Ordinance, but shall remaining in
effect; it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity
of any part.

SECTION FIVE: EFFECTIVE DATE
This Ordinance shall take effect six months after passage and publication as provided by law.
SECTION SIX: CODIFICATION

This ordinance shall be a part of the Code of the City of Hoboken as though codified and fully
set forth therein. The City Clerk shall have this ordinance codified and incorporated in the
of?cial copies of the Code.

The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter,
Article and/or Section number of the Code of the City of Hoboken in the event that the
codi?cation of this Ordinance reveals that there is a con?ict between the numbers and the
existing Code, and in order to avoid confusion and possible accidental repealers of existing
provisions not intended to be repealed.

Meeting Date: June 6, 2018

Approved as to Legal Form: Vetoed by the Mayor for the

 

 

 

following reasons:


 

 

E'iran Aloia?isq. Counsel

Adopted by the Hoboken City Council ?or?
By a Vote of f? Yeas to 0 Nays Mpproved by the Mayor
On the a: day of Jam ,2018 66116 ?L?Lday of? 2018

.



 

James ngnEUCity Clerk Ra?Vn?Eler S. Bhalla, Mayor

 

v? yore Record - CC - Ordinance

 

lstReading .. 
2nd Reading .. . . .. .Absg?lii,

 

 

 

 

 

 

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Peter Cunningham

Mike DeFusco

James Doyle
Vanessa Faico

HIT-ilfanie Fisher 

Jenni fer Giattino

Emily Jabbour

Michael Russo 

Ruben Ramos

 

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