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in which Smoking is prohibited by this Chapter, by the person, Employer, Business, or Nonprofit <br />Entity that has legal or de facto control of such place. For purposes of this Chapter, the City <br />Manager or designee shall be responsible for the posting of signs in regulated facilities owned or <br />leased in part by the City. Notwithstanding this provision, the presence or absence of signs shall <br />not be a defense to the violation of any other provision of this Chapter. <br />ARTICLE 6. ENFORCEMENT AND PENALTIES <br />4-12-600 PUBLIC ENFORCEMENT. <br />(a) Violations of this Chapter may, in the discretion of the District Attorney, be <br />prosecuted as infractions or misdemeanors. <br />(b) Violations of this Chapter are subject to a civil action brought by the City <br />Attorney, punishable by a civil fine not to exceed One Hundred Dollars ($100) for the first <br />violation; Two Hundred Dollars ($200) for the second violation within one (1) year; and Five <br />Hundred Dollars ($500) for each additional violation of this Article within one (1) year. Each <br />day such violation continues shall constitute a separate offense. <br />(c) Any person who Smokes in an area where Smoking is prohibited is guilty of <br />trespass and, if the area is accessible by the public or any Employee during the normal course of <br />operations, such Smoking constitutes a public nuisance. <br />(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of <br />this Chapter shall also constitute a violation. <br />(e) The remedies provided by this Chapter are cumulative and in addition to any <br />other remedy available at law or in equity. <br />(f) Enforcement of this Chapter shall be the responsibility of the San Leandro Police <br />Department, except for the provisions of this Chapter relating to Multi-Unit Residences. <br />Enforcement of this Chapter in Multi-Unit Residences shall be the responsibility of the properly <br />owner and his/her agent, unless such property owner fails to do so, in which case the San <br />Leandro Police Department will undertake enfarcement action against said property owner and <br />violator severally for failure to comply with provisions of this Chapter. Any peace officer or <br />code enforcement official may also enforce this Chapter. <br />4-12-605 PRIVATE ENFORCEMENT. <br />(a) Any person acting for the interests of itself, its members, or the general public <br />(hereinafter "the Private Enforcer") may bring a civil action to enforce this Chapter. Upon proof <br />of a violation, a court shall award the following: <br />(1) Damages in the amount of either: <br />(i) Upon proof, actual damages; or <br />(ii) With insufficient or no proof of damages, Two Hundred and Fifty <br />Dollars ($250) for each violation of this Chapter (hereinafter "Statutory Damages"). Unless <br />otherwise specified in this Chapter, each day of a continuing violation shall constitute a separate <br />violation. Notwithstanding any other provision of this Chapter, no Private Enforcer suing on <br />behalf of the general public shall recover Statutory Damages based upon a violation of this <br />Chapter if a previous claim brought on behalf of the general public for Statutory Damages and <br />based upon the same violation has been adjudicated, whether or not the Private Enforcer was a <br />party to that adjudication. <br />(2) Restitution of the gains obtained in violation of this Chapter. <br />8 <br />