Napa County Municipal Code Ch. 5.70 Plastic Bag Prohibition

Footnotes:

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Editor's note— Ord. No. 1513, § 1, adopted October 21, 2025, amended the title of Chapter 5.70 to read as herein set out. The former Chapter 5.70 title pertained to Single-Use Plastic Bag Reduction.

This chapter shall be known as the "Plastic Bag Prohibition Ordinance," and may be cited as such, and will be referred to herein as "this chapter."

(Ord. No. 1408, § 3, 1-12-2016; Ord. No. 1501, § 2, 12-3-2024; Ord. No. 1513, § 1, 10-21-2025)

The purpose and intent of this chapter is to protect the environment from the negative impacts of plastic bags by restricting stores from distributing plastic bags, in accordance with the California Public Resources Code Section 42279 through 42288 within the unincorporated area of the County.

(Ord. No. 1408, § 3, 1-12-2016; Ord. No. 1501, § 3, 12-3-2024; Ord. No. 1513, § 1, 10-21-2025)

The provisions of the California Public Resources Code Sections 42279 through 42288, or as may be amended, are hereby incorporated by reference into this chapter, and shall be enforced within the unincorporated area of the County. Stores and other entities covered by these state laws are subject to the requirements, prohibitions, and penalties set forth therein.

(Ord. No. 1513, § 1, 10-21-2025)

Terms used herein, unless otherwise defined in this code, shall have the meaning set forth in the California Public Resources Code Sections 42279 through 42288.

(Ord. No. 1408, § 3, 1-12-2016; Ord. No. 1501, § 4, 12-3-2024; Ord. No. 1513, § 1, 10-21-2025)

Unless otherwise exempt in the California Public Resources Code Section 42279 through 42288, no store shall provide a plastic bag to a customer.

(Ord. No. 1408, § 3, 1-12-2016; ; Ord. No. 1501, § 5, 12-3-2024; Ord. No. 1513, § 1, 10-21-2025)

Editor's note— Ord. No. 1513, § 1, adopted October 21, 2025, repealed § 5.70.045, which pertained to customer provided carry-out bags and derived from Ord. No. 1501, § 6, 12-3-2024.

Editor's note— Ord. No. 1513, § 1, adopted October 21, 2025, repealed § 5.70.046, which pertained to recyclable and compostable bag charge and derived from Ord. No. § 8, 12-3-2024.

Editor's note— Ord. No. 1513, § 1, adopted October 21, 2025, repealed § 5.70.047, which pertained to recyclable/compostable pre-check-out/produce bags and derived from Ord. No. § 8, 12-3-2024.

Editor's note— Ord. No. 1501, § 9, adopted December 3, 2024, repealed § 5.70.050, which pertained to exemptions and derived from Ord. No. 1408, § 3, 1-12-2016.

A. Administration. Enforcement officer(s) shall have responsibility for enforcement of the California Public Resources Code Sections 42279 through 42288, and this chapter and is hereby authorized to take any and all action reasonable and necessary to obtain compliance including, but not limited to, inspecting the premises of any designated business to verify compliance.

B. Enforcement. Enforcement officer(s) may utilize the procedures in this Napa County Code, to address violations of any provisions of the California Public Resources Code Section 42279-42288 or this chapter. Pursuant to the California Government Code Section 25845, in any action or proceeding to enforce this chapter, the prevailing party shall be entitled to recover reasonable attorney's fees and costs. In no action or proceeding, shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the County in the action or proceeding. The County may file civil actions to enforce this chapter.

C. Penalties. Pursuant to the California Public Resources Code Section 42285, a violation of any provision of this chapter or the California Public Resources Code Sections 42279 through 42288 may be punishable by an administrative fine in the amount of one thousand dollars per day for the first violation of this chapter, two thousand dollars per day for the second violation, and five thousand dollars per day for the third and subsequent violations.

(Ord. No. 1408, § 3, 1-12-2016; Ord. No. 1501, § 10, 12-3-2024; Ord. No. 1513, § 1, 10-21-2025)