San Jose Municipal Code Part 19 Single-Use Foodware Accessories and Condiments

The purpose of this Chapter is to authorize the City, or another agency designated by the City, to enforce the provisions of Chapter 5.2, commencing with Section 42270, of Part 3 of Division 30 of the Public Resources Code, as may be amended, that regulate single-use foodware accessories and standard condiments.

(Ord. 30772.)

The requirements of Chapter 5.2, commencing with Section 42270, of Part 3 of Division 30 of the Public Resources Code, as may be amended, are incorporated and are part of this Chapter as if fully set forth herein.

(Ord. 30772.)

A. The Director is authorized to enforce this Part in accordance with the provisions for adjudicating violations of the Municipal Code.

B. Notwithstanding Subsection A, the City may designate another enforcement agency to enforce this Part. If the City designates another enforcement agency the provisions for adjudicating violations of the Municipal Code will apply unless the enforcement agency has comparable provisions.

C. Notwithstanding any other provisions of this Code, the first and second violations of this Part shall result in a notice of violation, and any subsequent violation shall constitute an infraction punishable by a fine of twenty-five dollars ($25) for each day in violation, but not to exceed an amount of three hundred dollars ($300) annually.

D. The remedies and penalties provided in this Part are cumulative and not exclusive, and nothing in this Part shall preclude the pursuit any other remedies including, but not limited to, legal, injunctive, or any other relief to enforce the provisions of this Part and any regulation or administrative procedure developed pursuant hereto.

(Ord. 30772.)