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(d) Violation of any provision of this Ordinance shall constitute a misdemeanor punishable by a fine not to exceed $500 for the first violation, a fine not to exceed $750 for the second violation within one year and a fine not to exceed $1000 for each additional violation within one year. Violation of any provision of this Ordinance may also be enforced as an infraction punishable by a fine not to exceed $100 for the first violation, a fine not to exceed $200 for the second violation within one year and a fine not to exceed $500 for each additional violation within one year. There shall be a separate offense for each day on which a violation occurs. (e) Enforcement pursuant to this Ordinance may be undertaken by the Authority through its Executive Director, counsel, or any Authority Representative. In any enforcement action,the Authority shall be entitled to recover its attorneys' fees and costs from any Person who violates this Ordinance. (f) Enforcement of this ordinance shall be phased on the following schedule. Prior to January I, 2013, Stores will be notified and public education and outreach activities will take place. Warnings and enforcement actions will be taken as needed after January 1, 2013. SECTION 9 (Local Regulation and Opt-Out and Opt-In Provisions) (a) Local Regulation. Nothing in this Ordinance shall be construed to prohibit any Member Agency from enacting and enforcing ordinances and regulations regarding the distribution of Single-Use Carryout Bags and Reusable Bags, including more stringent requirements than those in this Ordinance. (b) Opt-Out Provision. Any Member Agency by a resolution of its governing body prior to March 2, 2012 may choose to exclude its service area from this Ordinance. (c) Opt-In Provision. Any Member Agency that chooses to exclude its service area may request of the Authority by a resolution of its governing board to be re- included in coverage of the Ordinance at any subsequent time. Such coverage under the Ordinance, however, shall not occur unless it is accepted in writing by the Enforcement Official or the Authority Board, and shall become effective only on the date specified in such written acceptance. Such acceptance shall not be unreasonably withheld or delayed. (d) Dispute Resolution. In the event of a dispute between the Authority and a Covered Jurisdiction regarding the implementation of this Ordinance, either party may request a meeting, in which case the Enforcement Official and the Primary Enforcement Representative for the Covered Jurisdiction (or other designee of the chief executive of the Covered Jurisdiction) shall meet to discuss implementation of the Ordinance. After such meeting, the parties may agree to enter into mediation to resolve any disputes between the parties related to implementation of the Ordinance. In addition, after meeting to seek to resolve any disputes between the parties and possible mediation,the Authority Board or the governing body of the Covered Jurisdiction, with at least 30 days public notice, may by resolution 7 77