A. The city of Bellingham shall assist retailers by referring them to the city website with information which will help retail associations, unions, and other organizations to create educational elements about the benefits of reusable bags. This may include signage at store locations, informational literature, and employee training and will take place before and after the operative date. All retail establishments are strongly encouraged to educate their staff to promote reusable bags as the best option for carryout bags and to post signs encouraging customers to use reusable bags.

B. The mayor is authorized to establish regulations and to take any and all actions reasonable and necessary to obtain compliance with this chapter, including, but not limited to, inspecting any retail establishment’s premises to verify compliance.

C. Any person violating this section shall be guilty of an infraction, which shall be punishable by a fine not to exceed $250.00.

D. The city attorney may seek legal, injunctive, or other equitable relief to enforce this chapter.

E. Administrative enforcement of this chapter shall proceed pursuant to Bellingham Municipal Code with the fines to be graduated for repeat violations in amounts set forth by city council resolution.

F. Each violation of this chapter shall be considered a separate offense.

G. The remedies and penalties provided in this section are cumulative and not exclusive, and nothing in this chapter shall preclude any person from pursuing any other remedies provided by law.

H. Notwithstanding any other provision of this chapter, commencing on the date the ordinance becomes effective, this chapter may be enforced through any remedy as provided for in this section.

I. Any provision of the Bellingham Municipal Code or appendices thereto inconsistent with the provisions of this chapter, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to effect the provisions of this chapter.

J. If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. The city council hereby declares that it would have passed this chapter and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.

K. Any provision of this chapter thereto inconsistent with Washington State law, to the extent of such inconsistencies and no further, is hereby repealed or modified to match state law.

L. Effective Date. This chapter shall become effective one year from date of enactment. [Ord. 2011-07-034].