Article II. Health and Safety
8.04.065 Distribution of disposable plastic bags prohibited.
A. It is unlawful for the owner of any retail store to distribute disposable plastic bags to customers at or before the point of sale. The owners of retail stores are encouraged to provide recyclable paper bags, reusable bags, or boxes to customers and establish an at-store recycling program that provides customers the opportunity to return clean carryout bags.
B. Retail stores distributing paper bags to customers shall use bags containing a minimum of forty percent recycled paper content.
C. The City Manager or his/her designee(s) shall have the primary responsibility for enforcement of this section. If the City Manager or his/her designee(s) determines that a violation of this section has occurred, he/she shall issue a written warning to the owner or manager of the retail store indicating that a violation has occurred, and allowing a reasonable period of time, but not less than thirty days, in which to cure or abate the violation(s). Subsequent violations of this section shall be subject to the penalties set forth below.
D. A person violating this section shall be liable for a civil penalty as follows:
1. A fine not exceeding two hundred fifty dollars for the first violation following a written warning within a one-year period.
2. A fine not exceeding five hundred dollars for the second and each subsequent violation within a one-year period.
3. The City may obtain civil injunctive relief, without requirement of bond, upon proof of three or more violations within a one-year period. In any civil injunctive proceeding, the City may also recover its reasonable attorney’s fees and court costs. (Ord. 19-15 (part), 2019: Ord. 18-17 Att. A (part), 2018)