ORDINANCE 2019-17
AN ORDINANCE OF THE TOWNSHIP OF CHATHAM, COUNTY OF MORRIS,
STATE OF NEW JERSEY, PROHIBITING THE USE OF PLASTIC BAGS AND
REGULATING THE USE OF PAPER BAGS BY RETAIL ESTABLISHMENTS WITHIN
THE TOWNSHIP OF CHATHAM BY AMENDING CHAPTER III, TITLED “POLICE
REGULATIONS”, BY ADDING A NEW SECTION 3-13, TITLED “PLASTIC BAGS
PROHIBITED AND PAPER BAGS REGULATED”, TO THE REVISED GENERAL
ORDINANCES
WHEREAS, on average, one person uses 500 single-use disposable bags each year, 4.4
billion single-use shopping bags are used annually in New Jersey, and 102 billion are used
nationwide; and
WHEREAS, windblown plastic bags degrade the Township of Chatham land and
waterways, and 80% of the plastic and trash that finds its way into the oceans comes from the
land; and
WHEREAS, 12 million barrels of oil are used annually to manufacture the plastic bags
that Americans use; and
WHEREAS, according to the United States Environmental Protection Agency, seabirds,
fish, and other marine and land-based wildlife mistake plastic for food, while others can become
entangled in the plastic trash, leading to exhaustion, starvation, and eventual death; and
WHEREAS, plastic breaks down into microplastics that measure 5 millimeters or less,
which are ingested by shrimp, plankton, fish, birds, turtles, and other sea creatures. Microplastics
absorb toxic chemicals, harms marine life, and can be consumed by humans via seafood and
potable water; and
WHEREAS, 5% or fewer single-use carryout bags are actually recycled; and
WHEREAS, the Township of Chatham taxpayers currently bear the costs associated
with the negative effects of plastic, single-use carryout bags on the solid waste stream, drainage,
litter, and the negative consequences of the foregoing environmental impacts; and
WHEREAS, the Township of Chatham taxpayers currently bear the costs associated
with improper placement of plastic bags in recycling containers resulting in increased costs for
contaminated recycling; and
WHEREAS, all single-use carry-out bags are wasteful, and while paper carry-out bags
present adverse impacts on the environment, these impacts are less than single-use plastic carryout bags because they naturally decompose in the environment while plastic bags degrade at a
much slower rate, estimated at hundreds of years, and release toxic materials during that process
as well as pollute waterways; and
WHEREAS, Township of Chatham residents understand that reusable bags consume far
less energy and natural resources than single-use plastic carry-out bags and paper carry out bags;
and
WHEREAS, the Township of Chatham desires to reduce the number of disposable paper
and plastic checkout bags that are being burned, used, discarded and littered and to promote the
use of reusable checkout bags by retail establishments located within the Township of Chatham;
and
WHEREAS, the Township Committee of the Township of Chatham finds that the

 reduction in the use of disposable paper and plastic checkout bags by retail establishments within
the Township of Chatham promotes a legitimate public purpose; 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 and paper
bags will preserve the public health, safety, and welfare of the municipality.
NOW, THEREFORE, be it Ordained by the Township Committee of the Township of
Chatham, County of Morris, State of New Jersey as follows:
Section 3-13. PLASTIC BAGS PROHIBITED AND PAPER BAGS REGULATED
Section 3-13.1 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 "reusable bag" means a durable carryout bag with stitched handles for
reinforcement made from any natural or synthetic material other than plastic film
including, but not necessarily limited to, woven or nonwoven plastic or cloth, that is
at least 10 mils thick, and that is specifically designed and manufactured for multiple
reuse, and that is washable or is made from a material that can be cleaned or
disinfected regularly.
(5) The term "single-use plastic carry-out bag" means any bag made predominantly of
plastic that is not made or intended for reuse that is provided by an operator of a
retail establishment to a customer at the point of sale. This definition specifically
exempts the following from the category of "Single-Use Plastic Carry-Out Bag":
(a) 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 fish, whether packaged or not;
3. Contain or wrap flowers, potted plants, or other items where dampness may be an
issue;
4. Contain live animals, such as fish or insects sold in pet stores;
5.

Contain unwrapped prepared foods or bakery goods;

6. Contain pharmacy prescriptions or medicines; or
7. Function as "produce bags" or "product bags," which shall mean bags 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.

 (b) Newspaper bags for home delivery, 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.
(6) 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 Township of Chatham. 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 (i.e., 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.
Section 3-13.2 SINGLE-USE PLASTIC CARRY-OUT BAGS PROHIBITED
EFFECTIVE March 1, 2020
Effective March 1, 2020, no retail establishment shall provide to any customer, or to any
person, a single-use plastic carry-out bag, as defined above. The point of sale in such
transactions is deemed to be at the retail establishment, regardless of where payment for the
transaction physically occurs.
Section 3-13.3 PAPER BAGS SUBJECT TO A FEE EFFECTIVE MARCH 1,2020
Effective March 1, 2020, all retail establishments shall make available to customers, upon
request by the customer, for a fee to be set by the retail establishment for each paper bag
for the purpose of carrying goods or other materials away from the point of sale, subject to
the provisions of this Ordinance. The fee charged shall be reflected in the sales receipt and
shall be subject to applicable tax. The fee charged shall be retained by the retail
establishment.
The following bags shall be exempt from the fee and are provided by operators inside retail
establishments to:
(1) Package bulk items, such as fruit, vegetables, nuts, grains, candies, or small hardware
items;
(2) Contain unwrapped prepared foods or bakery goods;
(3) Take home uneaten food that has been served in a restaurant;
(4) Take out foods intended for consumption away from the retail establishment for
reasons of public health and safety during the transportation of such food products;
(5) Contain pharmacy prescriptions and medicinal products; or
(6) Function as "produce bags" or "product bags”, which shall mean bags 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.

Section 3-13.4 PROMOTION OF REUSABLE BAGS
(1) 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 paper carry-out bags.
(2) Each retail establishment shall be strongly encouraged to educate its staff to make

 inquiry to a customer whether the customer desires a paper carry-out bag or has
supplied his/her own reusable bags before offering the paper carry-out bags to the
customer.
(3) Each retail establishment shall inform customers that if they choose a paper carry-out
bag they will be charged a fee for each paper bag.
(4) 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.
(5) Nothing in this Ordinance shall prohibit a retail establishment from providing a credit
to a customer who has supplied his/her own bags.
(6) Nothing in this Ordinance shall prohibit a retail establishment from offering for sale
reusable bags as defined in this Ordinance.
(7) The Township of Chatham shall undertake a reusable bag education program that
includes:

a. Distributing information and free reusable bags as part of a Bring Your
Own Bag (BYOB) campaign; and
b. Maintaining "Give One Take One" reusable bag collection boxes in
municipal and other facilities.
Section 3-13.5 EXEMPT CUSTOMERS
(1) Any customer who states that she or he participates in, or is a beneficiary of, any
United States government federal welfare program, including but not limited to the
Special Supplemental Nutrition Program for Women, Infants and Children (WIC) or
any local or 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) shall be provided paper bags or reusable bags without charge. No
further identification is necessary.
(2) Any person who receives food, household items and/or personal care items from a
food pantry or food distribution program shall be provided paper or reusable bags
without charge.

Section 3-13.6 ENFORCEMENT AND VIOLATION PENALTY
(1) The Township of Chatham will provide notice of this Ordinance to retail
establishments within the Township no later than January 1, 2020.
(2) The Township of Chatham Registered Environmental Health Specialist or authorized
designee has the responsibility for enforcement of this Ordinance.
(3) 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 subject to a Municipal Court Summons payable to the Municipal
Court.
(4) 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 payable by the operator of the retail establishment:
a. $100.00 for the first violation after the first written warning notice is given;
b. $200.00 for the second violation after the written warning notice is given; and
c. $500.00 for the third and any subsequent violations after the written warning

 notice is given.
Section 3-13.7 NO CONFLICT WITH FEDERAL OR STATE LAW
Nothing in this Ordinance is intended to create any requirement, power or duty that is in
conflict with any federal or state law.
Section 3-13.8 REPEAL OF INCONSISTENT PROVISIONS
All ordinances or parts thereof in conflict or inconsistent with this Ordinance are hereby
repealed, but only to the extent of such conflict 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 conflict or inconsistent with any provision of this Ordinance shall remain in
effect.
Section 3-13.9 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 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 3-13.10 EFFECTIVE DATE
This Ordinance shall take effect on March 1, 2020 and publication as provided by law.

Introduced: September 26, 2019
Adopted: October 10, 2019
Attest:
____________________________
Gregory J. LaConte, Clerk

TOWNSHIP OF CHATHAM, COUNTY OF
MORRIS, STATE OF NEW JERSEY
BY: ______________________________
Tayfun Selen, Mayor