CHAPTER 9
DISPOSABLE BAG REDUCTION

ARTICLE 4. VIOLATIONS AND PENALTIES

SECTION:

§4517:    Violations And Penalties

§4517 VIOLATIONS AND PENALTIES

A.    Any action to enforce this chapter must be preceded by delivery of a written warning to the store where a violation has occurred. The warning shall be personally delivered to the store manager or mailed by registered or certified U.S. Mail to the store. No further enforcement action may be taken against the store for that violation, if the store cures the violation within thirty (30) days after receipt of the written warning and does not commit another violation within six (6) months after receipt of the written warning.

B.    Any person, firm or corporation who violates this chapter shall be guilty of an infraction, and, upon conviction thereof, shall be punished by fine not exceeding (1) one hundred dollars ($100.00) for a first violation, (2) two hundred dollars ($200.00) for a second violation within the same year, and (3) five hundred dollars ($500.00) for each additional violation within the same year.

C.    Any violation of this chapter may be enforced through any applicable administrative enforcement procedures contained in the Ukiah City Code. The City Manager, or his or her designee, is authorized to take any and all other actions authorized by law which are reasonable and necessary to enforce this chapter, including, but not limited to, investigating violations, and imposing administrative fines in amounts as may be established from time to time by ordinance or resolution of the City Council.

D.    In addition to the administrative enforcement procedures described above, the City Council may authorize the City Attorney to pursue judicial enforcement of this chapter through a civil action.

E.    A violation of any provision of this chapter by any person, firm or corporation shall be subject to a civil action in any court of competent jurisdiction, including the small claims court, by a customer, public interest organization, or the City to recover any damages caused by the violation and a civil penalty of one thousand dollars ($1,000.00) or ten percent (10%) of actual damages, whichever is higher, for every such violation. For any willful violation, the customer, public interest organization or City may recover treble damages. Nothing in this subsection shall prohibit the filing of an action as authorized herein as a class action. The prevailing party in any action filed pursuant to this subsection shall be entitled to recover its reasonable attorneys’ fees to be determined by the court.

F.    No remedy contained in this Article 4 is intended to be exclusive of any other remedy contained herein, and each and every such remedy shall be cumulative and shall be in addition to every other remedy now or hereafter existing at law or in equity or by statute or otherwise. (Ord. 1135, §2, adopted 2012)