Ross Municipal Code § 5.06

A. No store shall provide to any customer a plastic carryout bag.

• B. This prohibition applies to bags provided for the purpose of carrying away goods

• from the point of sale and does not apply to product bags. (Ord. 656 (part), 2014).

5.06.030 Permitted bags. All stores shall provide or make available to a customer only

recyclable paper carryout bags or reusable bags for the purpose of carrying away goods or other materials from the point of sale, subject to the terms of this Chapter. Nothing in this Chapter prohibits customers from using bags of any type that they bring to the store themselves or from carrying away goods that are not placed in a bag, in lieu of using bags provided by the store. (Ord. 656 (part), 2014).

A. Any store that provides a recyclable paper carryout bag to a customer must charge the customer at least ten cents ($0.10) for each bag provided, except as otherwise provided in this Chapter.

B. The Town Council may increase the ten cent ($0.10) minimum charge by resolution.

C. No store shall rebate or otherwise reimburse a customer any portion of the minimum charge required in Subsection A, except as otherwise provided in this Chapter.

D. All stores must post signage clearly indicating the per bag charge for recyclable paper carryout bags.

E. All stores must indicate on the customer receipt the number of recyclable paper carryout bags provided and the total amount charged for the bags.

F. All monies collected by a store for recyclable paper bags under this Chapter will be retained by the store. (Ord. 656 (part), 2014).

5.06.050 Use of reusable bags. A. All stores shall make reusable bags available for purchase by a customer for at least ten cents ($0.10) for each bag provided, except as otherwise provided in this Chapter.

B. The Town Council may increase the ten cent ($0.10) minimum charge by Resolution.

C. A store may provide reusable bags to customers at no cost until three (3) months after the effective date of the ordinance. On and after three (3) months after effective date of the ordinance, a store may provide reusable bags to customers at no cost only when combined with a time-limited store promotional program. Such events shall not exceed a total of 30 days within any consecutive 12-month period.

D. Each store is strongly encouraged to educate its staff to promote reusable bags and to post signs encouraging customers to use reusable bags.

E. No store shall rebate or otherwise reimburse a customer any portion of the minimum charge required in Subsection A, except as otherwise provided in this Chapter.

F. All stores must post signage clearly indicating the per bag charge for reusable bags.

G. All stores must indicate on the customer receipt the number of reusable bags provided, and the total amount charged for the bags.

H. Each store is strongly encouraged to charge for a reusable bag at least what it cost to procure the reusable bags in order to encourage maximum reusability and not cause them to be treated as throw-away.

I. All monies collected by a store for reusable bags under this Chapter will be retained by the store. (Ord 728 (part), 2025; Ord. 656 (part), 2014).

5.06.060 Exempt customers. All stores must provide at the point of sale, free of charge, either reusable bags or recyclable paper carryout bags or both, at the store’s option, to any customer participating either in the California Special Supplemental Food Program for Women, Infants, and Children pursuant to Article 2 (commencing with Section 123275) of Chapter 1 of Part 2 of Division 106 of the Health and Safety Code or in the Supplemental Food Program pursuant to Chapter 10 (commencing with Section 15500) of Part 3 of Division 9 of the Welfare

and Institutions Code. (Ord. 656 (part), 2014).

5.06.070 Operative date. This Chapter shall become operative six (6) months after its effective date, for stores defined in Subsections K(1) and K(2) of Section 8.06.010. For stores defined in Subsection K(3) of Section 8.06.010, this Chapter shall become operative twelve (12) months after its effective date. (Ord. 656 (part), 2014).

5.06.080 Enforcement and violation--penalty. A. The Code Enforcement Official, (as delegated by the Town Manager,) or their designee, has primary responsibility for enforcement of this Chapter.

B. If the Code Enforcement Official, or their designee, determines that a violation of this Chapter has occurred, they will issue a written warning notice to the operator of a store that a violation has occurred and that future violations will be subject to penalties.

C. Any store that violates or fails to comply with any of the requirements of this Chapter after a written warning notice has been issued for that violation shall be guilty of an infraction.

D. Violations of this ordinance shall be punishable as follows:

E. A fine shall be imposed for each day a violation occurs or is allowed to continue.

F. Any store that receives a written warning notice or fine may request an administrative review of the accuracy of the determination or the propriety of any fine issued, by filing a written notice of appeal with the Town Manager no later than 30 days after receipt of a written warning notice or fine, as applicable. The notice of appeal must include all facts supporting the appeal and any statements and evidence, including copies of all written documentation and a list of any witnesses, the appellant wishes to be considered in connection with the appeal. The appeal will be heard by the Town Manager. The Town Manager will conduct a hearing concerning the appeal within 45 days from the date that the notice of appeal is filed, or on a later date if agreed upon by the appellant and the Town Manager, and will give the appellant 10 days prior written notice of the date of the hearing. The Town Manager will determine whether the violation(s) in the written warning notice and/or fine(s) are accurate. The Town Manager may then sustain, rescind, or modify the written warning notice or fine(s), as applicable, by written decision. The Town Manager waive any portion of the fine(s) in a manner consistent with the decision. The decision of the Town Manager is final and effective on the date of service of the written decision, is not subject to further administrative review, and constitutes the final administrative decision. (Ord. 728 (part), 2025; Ord. 656 (part), 2014).

Nothing in this ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law. (Ord. 656 (part), 2014).

5.06.100 Severability. If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to be invalid by a decision of any court of competent jurisdiction, that decision will not affect the validity of the remaining portions of the ordinance. The Town Council hereby declares that it would have passed this ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of this ordinance would be subsequently declared invalid. (Ord. 656 (part), 2014).

5.06.110 No conflict with federal or state law. Nothing in this ordinance is intended to create any requirement, power or duty that is in conflict with any federal or state law. (Ord. 656 (part), 2014).

Chapter 5.12

CHARITABLE AND COMMERCIAL SOLICITATION*

Sections: