Cit Clerk File No. Ord.

10-140

Agenda No. 3.M 1st Reading

Agenda No. 2nd Reading & Final Passage

ORDINANCE
OF
JERSEY CITY, N.J.
COUNCIL AS A WHOLE
offered and moved adoption of the following ordinance:

CITY ORDINANCE 10-140

TITLE:
ORDINANCE AMENDING CHAPTER _ (_) ARTICLE _L- OF THE JERSEY CITY
CODE TO : 1) REQUIRE THE USE OF COMPOSTABLE PLASTIC, RECYCLABLE PAPER
AND/OR REUSABLE CHECKOUT BAGS BY STORES LOCATED IN THE CITY OF JERSEY
CITY; AND 2) PROVIDE PENAL TIES FOR VIOLATIONS

THE MUNICIPAL COUNCIL OF THE CITY OF JERSEY CITY DOES ORDAIN:

WHEREAS, there exists a need to discourage the use of single-use, disposable plastic and paper
bags and encourage the use of reusable bags by consumers and retailers in order to mize
the impact of disposable bags on our environmental and waste management systems; and

WHEREAS, at an estited 350 bags per person, per anum, Jersey City, NJ consumes an
estiated gross total of approxiately 84,836,150 milon plastic bags every year. This
legislation wi have a signcant, tangible effect on the citys total environmental impact; and

WHEREAS, plastic carryout bags create unsightly litter, clog sewèr systems, and pose a risk to
marine anal that ingest them or could become entangled in them along the Hudson River;
and

WHEREAS, paper bags have a measurably higher production impact than plastic. The
manufactg of a paper bag requies 40% more energy, produces up to 80% mo~e soUd waste,
72% more atmospheric waste, and 90% more waterb.ome waste. Virgin paper bags contribute to
deforestation; and

WHEREAS, when land-fied, plastic bags can remai in-tact for extended periods of tie (often
ovèr hundreds of year). In addition, their low weight and high volume make them an
unattactive, low-margi commodity in the recyclig industr. Less than 3% of plastic bags are
recycled; and

WHEREAS, the City of Jersey City has a moral duty to protect the natual environment,
economy, and the health of its citien; and

WHEREAS, plastic shopping bags have signcant envionmental impacts each year, including
the fellg of over 14 mion trees, and us of over 12 mion barrels of oil for bags in the United
States, as well as the death of over 100,000 marine anal from plastic entaglement; and

WHEREAS, eliatig diposable bag usage sends a message to citien the City of Jersey City
to waste reducton and actvely support envionmenta intiatives.
is commtted

NOW, THEREFORE, BE IT ORDAINED, by the Muncipal Counci of the City ofJersey City
that:
COntinuation of City Ordinance 10-140 , page 2

A. The followig amendments to Chapter _ (_) Article _ (~are hereby adopted:.

ARTICLE
Section

§ _. Definitions.

For the purpose of ths Ordinance, the following words shal have the followig meanings:

ASTM STANDARD: means the American Society for Testig and Materials (ASTM)'s
International standard 06400 for compostable plastic, as the standard may by amended
from tie to tie.

COMPOST ABLE PLASTIC BAG: mean a plastic bag that:

(1) is certied. and labeled as meetig the ASTM-Standard by a recogned

verifcation entity such as the Biodegradable Product Intitute;

(2) displays the phrase "Green Cart Compostable" and the word "Reusable" in a
higly visible maner on the outside of the bag.

CHECK OUT BAG: means a carrout bag that is provided by a store to a customer at the
point of sale.

. DEPARTMENT: mean the Division of Health.

DIRECTOR: means the Health Officer.

HIGHLY VISilLE MANNER:. means:.

(1) for Compostable Plastic Bags, displaying both of the followig in green lettering
contrastig with the bag's background cotor that is at least two inches high:

(i) the phrase "Green Cart Compostable" either on the front and back of the
bag together with a solid green band at least one-ha inch thck circlig
the cicuerence of the bag, or repeatedly, as a band of text or text
alternatig with solid strpe, circlg the circuerence of the bag, and

(ü) the word "Reusable" diplayed on the front and/or back of the bag; and.

(2) for recyclable paper bags, diplayig the words "Reusable" and "Recyclable" on
the front and/or back of the bag in blue letterig contrastig with the bag's
background color that is at least two inches high; and

PERSON: mean an individual,trst, fi, joint stock company, corporation,

cooperative, parership, or association.

PHARMCY: mean a retai use where the profession of pharacy by a pharacist

licened by the State of Ne~ Jersey in accordance with the Business and Professions
Code is practced and where prescriptions (and possibly other merchandi) are offered
for sale, excludig .such reta uses located inide a hospital.

. RECYCLABLE: means material that can be sorted, cleaned, and reconstituted using
Jersey Citys avaiable recclig collection. programs for the purose of using the altered
form in the manufactue of a new product. Recyclig does. not include b"ug,
incieratig, convertig, or otherwe thennaIy destroyig solid waste.

RECYCLABLE PAPER BAG: mean a paper bag that meets al of the followig
Continuatiòn of City Ordinance 10-140 . page 3

requirements: .

(1) contains no old growth fiber;

(2) is 100% recyclable. overall and contains a miùi of 50% post-coTlsumer

recycled content; and

outside of the bag. .

(3) displays the words "Reusable" and Recyclable" in a highly visible maner on the

REUSABLE BAQ means a bag with handles that is specifcaly designed and
manufactued for multiple reuse and is either:

(1) made of cloth or other machie washable fabric, and/or

(2) made of durable plastic that is at least 2.25 mis thck.

STORE: mean a retai establihment located with the geographical lits of the City 6f
Jersey City that meets either of the following reqUIements:

(1) is a full-lie, self-servce supermarket . with gross anual sales of two. mion
dollars ($2,000,000), or more, and which sells a lie of dr grocery, caned goods,
or nonfood items and some perihable items. For purposes of determg
which retai establishments are supermarkets, the City shall use the anual
updates of the Progressive Grocer Marketig Guidebook and any computer
printouts developed in conjunction with the gudebook; or

(2) is a retai pharacy with at least five locations under the same ownership with
the geographical lits of Jersey City.

§ _. Mandatory Use of Recyclable and Compostable Checkout Bags.

A. All Stores shall provide only the followig as checkout bags to customers: recyclable
paper bags, and/or compostable plastic bags, and/or reusable bags.

B. Violations of the reqUIements set forth in subsection (A) shal subject a Store to
penalties.

. C. Nothg in th secton shal be read to preclude Stores from makg reusable bags
avaiable for sale to customers.

§ _; Implementation:

The Director of the Division of Health shal implement th Ordinance.

§ ~. Enforcement and Penalties.

A. Any person who violat~s th~ Ordiance shal be guty of an inaction. If charged as an
inaction, upon conviction thereof, the person shal be punhed by:

(1) a fie not exceeding $100.00 for a fist violation;

(2) a fie not exceeding $200.00 for a second violation with the same year; and

(3) a fie not exceedig $500.00 for each additional violation with the same year.

B. The City Corporation.Counl may seek legal injunctve, or other equitable relief to
 Continuation of City Ordinance
10-140 ,page 4

enforce this Ordinance, including without limtation, civil penalties.

§ _' Operative Date.

All of the requiements set forth in ths Ordinance shall become operative as to Stores that are
super~arkets, s~ (6) month after its effective date. All of the requirements set forth in ths
Ordinance shall become operative as to Stores that are Pharmacies one (1) year afer its effective
date.

§ _' Severabilty.

If any section, subsection, sentence, clause, or phrase of ths Ordinance is for any reason held to
be invalid or unconstitutional by a decision of any court of competent juridiction, such decision.
shal not affect the validity of the remaig portions of the Ordinance. The Municipal Council
hereby declares that it would have passed ths Ordinance and each and. every section,
subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard
to whether any portion of ths Ordinance would be subsequently declared invalid or
unconstitutional.

§ _" No Conflct With Federal or State Law.

Nothg in this Ordinance shal be interpreted or applied so as to create any i:equiement,

power or duty in confct with any federal or state law.

A. All ordinances and parts of ordiances inconsistent herewith are hereby repealed.

B. Ths

Code. '
ordinance shall be a part of the Jersey City Code as though codiied and fully set
fort therein. The City Clerk shall have th ordinance codied and incorporated in the official
copies of the Jersey City

C.Th ordinance shal take effect at the tie and in the maner as provided by law.

D. The City Clerk and the Corporation Counel. be and they are hereby authoried and
directed to change any chapter numbers, arcle ntJbers and section numbers in the event that
the codifcation of ths ordiance reveal that there is a: confct between those nuIbers and the
eXitig code, in order to avoid confsion and possible accidental repealers of existig
provisions.

NOTE:Al material is new; therefore, i:derlig has been omitted;

For puroses of advertiing only, new matter is indicated by bold face
and repealed matter by italic.

10/19/10

APPROVED AS TO LEGAL FORM APPROVED:

APPROVED:
Corpration Counsel Business Administrtor.

Certification Required 0
Not Required 0