The Township of East Brunswick was established in 1860. Since January 1, 1965, the
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& 109-10. License required. It shall be unlawful for any person, whether as principal or agent, clerk or em ployee, either for him self or any other person or for any body corporate, or as an officer of any corporation or otherwise, to conduct, m anage or operate a wholesale food establishm ent without a license first having been issued by the Director of Health, Environm ent and W elfare. The requirem ent of such a license does not apply, however, to the m anufacture of alcoholic beverages. & 109-11. Type of establishment to be specified on license. Every wholesale food establishm ent license shall specify the type of establishm ent for which it is issued.
There shall be an annual fee of fifty dollars ($50.) for each license for a wholesale food establishm ent.
Licenses issued under the provisions of this Article shall expire, annually, on June 30 of each year. Licenses issued between January 1 and June 30 m ay be obtained at half the usual fee.
Any person knowing of any thing being offered for sale as food for hum an consum ption which he has reason to believe is spoiled, contam inated or otherwise unfit for hum an consum ption shall im m ediately report such fact to the Departm ent of Health, Environm ent and W elfare or to one of its officers or inspectors.
The East Brunswick Township Council finds that discarded packaging of food is a significant source of litter and m unicipal waste disposal. The chem ical com position and ability of a substance to degrade are useful criteria in establishing a policy of solid waste and litter control. Polystyrene foam is not biodegradable. Retail food establishm ents in East Brunswick are the points of origin for polystyrene foam . Their use of polystryrene foam poses a threat to the environm ent by taking up landfill space and by the possible introduction of carbon dioxide and ash when com pletely com busted. There is no econom ically viable m arket for recycling polystyrene foam . Other plastic and/or paper products are available as substitutes. Plastics constitute 6% of all roadside litter, according to a study com m issioned by the Federal Highway Com m ission. The disposal of polystyrene foam at sea has a very serious negative effect on m arine life. Chlorofluorocarbons (CFC'S) are chem ical com pounds used as an expansion agent in polystyrene foam food service products. W hen released into the atm osphere, CFC's rise to the stratosphere where they break down and release chlorine. The chlorine then acts to reduce the stratospheric ozone layer causing an increase in the am ount of ultraviolet radiation reaching the earth. The Township Council, by enacting this ordinance, is seeking to reduce the non-recyclable, non-degradable food packaging products and the Council is also seeking to reduce the am ount of litter adversely affecting the air, land and waters of the Township of East Brunswick. 10906 3-82
& 109-15 FOOD-HANDLING ESTABLISHMENTS & 109-16 This ordinance will serve the public interest by reducing the quantity of non-biodegradable waste in landfills serving East Brunswick. A portion of any substitute packaging will be com posed of products that are biodegradable in whole or in part. Polystyrene foam packaging takes up m ore space in landfills than m any other packaging m aterials, because of the com paratively low density of Polystyrene foam and its present popularity as a packaging m aterial. Siting and developing landfills is an increasingly expensive undertaking, and these costs place an econom ic burden on the residents or the Township of East Brunswick, Maxim izing the operating life of landfill facilities therefore prom otes the public interest, and this interest will be served by reducing the am ount of Polystyrene foam deposited in landfills. The Council recognizes that other com m only used food packaging m aterials are also non- biodegradable and contribute to litter and landfill problem s; nevertheless, the Council finds that it is appropriate to regulate Polystyrene foam food packaging while not regulating other types of food packaging at this tim e for the following reasons: A. To m inim ize disruption in the food services industry, the Council should avoid banning a wide range of packaging m aterials at one tim e. It m ight be appropriate to ban other packaging m aterials in the future, but an increm ental approach to elim inating undesirable packaging m aterials will cause less disruption and allow the Township of East Brunswick to handle enforcem ent proceedings in m ore m anageable stages. B. Polystyrene foam is the least dense com m only used food packaging m aterial, and therefore is m ore wasteful of landfill space than any other category of food packaging m aterial. It is therefore appropriate to start with Polystyrene foam as the Township of East Brunswick begins to address the issues of litter and inappropriate utilization of landfill space. C. Ingestion of Polystyrene foam particles has been identified as a hazard to wildlife, while this problem has not been associated with other food packaging m aterials.
a. "Biodegradable Packaging" shall m ean packaging m ade of cellulose based substances or other substances which are capable of being readily attacked, decom posed, assim ilated, and/or otherwise com pletely oxidized or broken down into its constituent parts by bacteria, natural biological organism s, carbonaceous soil m aterial, water, carbon dioxide; or in the alternative capable of otherwise degrading when exposed to ultraviolet light or other natural processes beginning within a twelve m onth period from the date of m anufacture or exposure to the environm ent. b. "Packaging" shall m ean all food-related wrappings including but not lim ited to bags, sacks, wrappings, containers, bowls, plates, trays, cartons, cups or drinking utensils intended for use within the Township of East Brunswick. c. "Prepared food" m eans food or beverages which are served on the vendor's prem ises without preparation, or are prepared on the vendor's prem ises by cooking, chopping, slicing, m ixing, brewing, freezing or squeezing. "Prepared food" does not include any raw uncooked m eat, fish, poultry or eggs. Prepared food m ay be eaten either on or off prem ises. [Am ended 8-26-91 by Ord. No. 91-88] d. "Retail Food Vendor" shall m ean all sales outlets, stores, shops, restaurants, or other places of business located within the Township of East Brunswick, which receive m ore than twenty (20% ) percent of their revenues through the sales or conveyances of foods directly to the ultim ate consum er, which foods are predom inantly contained, wrapped or held in or on packaging. "Retail Food Vendors" shall include, but not be lim ited, to any establishm ent where food is prepared, m ixed, cooked, baked, sm oked, preserved, bottled, packaged, handled, stored, m anufactured, and sold or offered for sale, including but not lim ited to any fixed or m obile restaurant, drive-in, coffee ship, cafeteria, short-order cage, fast food outlet, delicatessen, luncheonette, grill, sandwich shop, soda fountain, tavern, bar, cocktail lounge, nightclub, inn, roadside stand, take out prepared food place, industrial feeding establishm ent, catering kitchen, grocery store, public food m arket, food stand, or sim ilar place in which food or drink is prepared for sale or for service on the prem ises or elsewhere and any other establishm ent or operation including hom es, where food is processed, prepared, stored, served, or provided to the public for charge, provided said vendor shall derive m ore than twenty (20% ) percent of its gross revenues from the sale of said food or drink. 10907
12-91 & 109-17 EAST BRUNSWICK CODE & 109-21 & 109-17. Prohibited Packaging. [Amended 8-26-91 by Ord. No. 91-88] a. No retail food vendor located and doing business in the Township of East Brunswick shall sell or convey prepared food directly to the ultim ate consum er within the Township of East Brunswick if the packaging for such food consists of polystyrene foam or products in which Pentane gas, Hydrocarbons, Fluorocarbons or sim ilar gases are utilized during m anufacture. For the purposes of this section, conclusion of the sales transaction shall be the point of tim e at which the possession of the food product passes from the retail food vendor to the ultim ate consum er, and the conclusion of the sales transaction need not require the actual paym ent of consideration for such food product, provided however paym ent is expected from the ultim ate consum er prior to the consum er exiting the prem ises of the retail food vendor. b. Deleted 8-26-91 by Ord. No. 91-88. & 109-18. Enforcement. This ordinance shall be enforced by the Director of the Departm ent of Public W orks and W ater Resources (or his/her designee).
a. The Township of East Brunswick shall not purchase any food packaging which contains polystyrene foam and will discontinue the use of polystyrene foam in connection with the packaging of food. The Township shall not sponsor any event which utilizes such packaging. b. The Township Clerk shall be directed to exclusively advertise for the receipt of bids for biodegradable m aterials whenever said bids are required by the Township of East Brunswick. & 109-20. Involvement of Environmental Commission. The Township recognizes that total elim ination of Polystyrene foam and other disposable plastic products as a way to reduce litter and reduce the am ount of solid wastes deposited in landfills is a long term com m unity goal. Total elim ination will require substantial financial com m itm ents and should include public education. To these ends, the Township Council hereby directs the East Brunswick Environm ental Com m ission to m ake recom m endations to the Township Council for reduction of disposable plastic products in landfills and in the litter stream . The Environm ental Com m ission should consider the following in their recom m endations: (a) Public Education and Prom otion (b) Alternative Product Recycling/Energy Conversion (c) Financial Assistance (d) Alternative Products Research (e.g., photo-degradable and biodegradable additives) The Environm ental Com m ission will prepare a report to be subm itted to the Township Council within one year of the effective date of this ordinance. The report shall assess the success of the efforts to reduce litter and solid waste and m ake appropriate recom m endations for im provem ent and continuation of such efforts. & 109-21. Penalties. Any person found guilty of violating any provision of this Article shall be subject to a fine not exceeding One thousand ($1,000.00) Dollars. In addition to the aforesaid fines, a person found guilty of violating this Article m ay be subject to up to 45 (forty-five) hours of com m unity service. Each day upon which a violation is com m itted shall be considered a separate violation. 10908
12-91 & 109-22 FOOD-HANDLING ESTABLISHMENTS & 109-22 & 109-22. Exemptions. The Township Council m ay exem pt a food vendor or food packager from the requirem ents of this ordinance for a one year period, upon a showing by the applicant that the conditions of this ordinance would cause undue hardship. The phrase "undue hardship" shall be construed to include, but not be lim ited to: 1. Situations where there are no acceptable alternatives to Polystyrene food packaging for reasons which are unique to vendor, packager, or provider; 2. Situations where com pliance with the requirem ents of this ordinance would deprive a person of a legally protected right. If a request for exem ption is based upon a claim that a legally protected right would be denied if com pliance were required and such request for exem ption is denied, review of the denial shall only be to the Superior Court of New Jersey, and not otherwise. 10909
9-91 & 112-1 GAMES ON SUNDAY & 112-1 Chapter 112 GAMES ON SUNDAY & 112-1. Legalized games of chance permitted on Sunday. [HISTORY: Adopted by the Township Council of the Township of East Brunswick 4-23-73 as Ord. No. 73-173. Amendments noted where applicable.] GENERAL REFERENCES Licenses - See Chap. 135. Noise - See Chap. 147.
The conduct of legalized gam es of chance on Sundays by properly registered and licensed organizations is hereby perm itted. 11201
GARBAGE, REFUSE, AND RECYCLABLES Chapter 114 GARBAGE, REFUSE AND RECYCLABLES & 114-1. Definitions; word usage. & 114-2. Registration required for collection. & 114-3. Registration expiration date. & 114-4. Application for registration; fees. & 114-4.1. Refuse Containers/Dumpsters. [Added 7-20-09 by Ord. No. 09-17] & 114-5. Requirements for vehicles used for collection and transport of solid wastes. & 114-6. Solid waste hauler reports. & 114-7. Scheduling of collection. & 114-8. Solid waste disposal service. & 114-9. Exceptions to solid waste disposal services. & 114-10. Prohibited materials. & 114-11. Bulky items from residential use. & 114-12. Branches. & 114-13. Leaves. & 114-14. Grass clippings. & 114-14.1. Yard Waste Collection. [Added 7-25-05 by Ord. No. 05-16] & 114-15. Fees for non-compliance. & 114-16. Township held harmless. & 114-17. Special collection fees. & 114-18. Collection of assessed fees. & 114-19. Enforcement. & 114-20. Exceptions for physically handicapped individuals. [Deleted 11-19-07 by Ord. No. 07-25] 11401
-09 EAST BRUNSWICK CODE
& 114-21. Disposal of solid waste. & 114-22. Ownership. [Deleted 11-19-07 by Ord. No. 07-25] & 114-23. Appointment of solid waste officials. & 114-24. Designation of recyclable materials and services. & 114-25. Municipal drop-off center. & 114-25.1. Storage of Recyclable Items. [Added 11-19-07 by Ord. No. 07-25] & 114-26. Disposal of recyclable items. & 114-27. Business, Commercial, Industrial, Institutional and/or Professional Recycling Exemptions. [Deleted 11-19-07 by Ord. No. 07-25] & 114-28. Promulgations and regulations. & 114-29. Violations and penalties. & 114-30. Repealer. [Deleted 11-19-07 by Ord. No. 07-25] & 114-31. When effective. [Deleted 11-19-07 by Ord. No. 07-25] [HISTORY: Adopted by the Township Council of the Township of East Brunswick as Ch. XXI of the Revised General Ordinances. Ord. No. 93-59, passed on second 1 reading on 10-25-93, repealed and rescinded the old Chapter 114, Garbage, Rubbish and Refuse and substituted this new Chapter 114, Garbage, Refuse And Recyclables. Amendments noted where applicable.] GENERAL REFERENCES Abandoned vehicles - See Ch. 206. Brush, grass, weeds and other debris - See Ch. 61. Commercial property maintenance - See Ch. 72. Dumps and dumping - See Ch. 88. Fire safety - See Ch. 102. Food establishments - See Ch. 109. Littering - See Ch. 137. Public health nuisances - See Ch. 150. Property maintenance - See Ch. 166. Weed control - See Ch. 223. 11402
1-09 Editor's Note: Chapter XXI was derived from an ordinance adopted by the Board of Health which was 1 abolished when the township changed its form of government pursuant to N.J.R.S. 40:69A-1 et seq., Mayor- Council Plan E. Said ordinance was amended and supplemented by an ordinance adopted 8-10-64; Ordinance No. 66-51, adopted 5-23-66; Ordinance No. 66-52, adopted 5-23-66. & 114-1 GARBAGE, REFUSE, AND RECYCLABLES & 114-1 Be it ordained by the Township Council of the Township of East Brunswick, it being the governing body in the County of Middlesex and the State of New Jersey, as follows:
A. For the purpose of this chapter, the following terms shall have the meanings given hereafter. The word "shall" is always mandatory and not merely discretionary. B. As used herein, the following terms shall have the meanings indicated: ASHES - The residual from the burning of wood, coal, coke or other combustible materials. ASSISTANT DIRECTOR OF PUBLIC W ORKS - The Assistant Director of Parks and Public Works for the Township of East Brunswick. [Amended 11-19-07 by Ord. No. 07-25] BAGS - Plastic or fiber sacks designed to store Solid Waste with sufficient wall strength to maintain physical integrity when lifted by top. Total weight of a bag shall not exceed fifty (50) pounds. If bag breaks while being lifted such bag shall not be considered of appropriate strength as to be used for containment of Solid Waste. BUILDING M AT ERIALS - Any material, such as lumber, brick, plaster, gutters, roofing shingles or other substances accumulated as a result of repairs or additions to existing buildings, construction of new buildings or demolition of existing structures.
steel.
BUNDLES - Normally loose items shall be collected if organized into bundles of not more than four (4) feet in length and tied with heavy twine. "Bundles" shall be organized as to be conveniently handled by one (1) person. No "bundle" shall exceed fifty (50) pounds in weight.
nonresidential establishment, location or premises. BUSINESS TRASH - Any waste accumulation of dirt, dust, food, paper, cardboard, excelsior, rags or other accumulations other than household trash, which is usually attendant to the operation of stores, offices or similar businesses.
registered as Freon A family of chemical substances used as solvents, excellerant, blowing or refrigerant agent used in cooling appliances, refrigerators and air conditioners. CFC/HCFC's are not allowed to leak into the air or atmosphere but are required to be contained, cleansed and recycled as of July 1, 1992 under Federal Regulations and N.J.A.C. 7:26A Subchapter 5; because CFC/HCFC's are widely believed to be associated with depletion of Earth's ozone layer. Therefore, before any of the appliances utilizing CFC/HCFC can be recycled as white goods the refrigerant shall be removed or its removal has to be attested to by appropriate certification.
combustible waste solids of a nonvolatile and nonexplosive nature. 11403 -09
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