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(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 ($500) for each additional violation of this Article within one (1) year. Each
<br />(c) Any person who Smokes in an area where Smoking is prohibited is guilty of
<br />trespass and, if the area is accessible by the public or any Employee during the normal course of
<br />operations, such Smoking constitutes a public nuisance.
<br />(d) Causing, permitting, aiding, abetting, or concealing a violation of any provision of
<br />this Chapter shall also constitute a violation.
<br />(e) The remedies provided by this Chapter are cumulative and in addition to any
<br />other remedy available at law or in equity.
<br />(f) Enforcement of this Chapter shall be the responsibility of the San Leandro Police
<br />Department. „ ~« r,,. «,,., ,.F«r,; r~,,,,..«o o,,,«:.,.. «„ ,~,~,,,«: T r.,;« vo ;,;e
<br />„i.,«,. .,n„ F ,. f ;i, o *„ „i, ,:«r, .. „F«r.; r",,..«o .Any peace officer or
<br />code enforcement official may also enforce this Chapter.
<br />4-12-605 PRIVATE ENFORCEMENT.
<br />(a) Any person acting for the interests of itself, its members, or the general public
<br />(hereinafter "the Private Enforcer")may bring a civil action to enforce this Chapter,~rovided
<br />that such Private Enforcer hasprovided prior written notice of the alleged violation to the person
<br />or persons aller;ediv yiolatirl, this Chapter and such person has not cured the alleged violation
<br />within thirty (30) days of receipt of such notice. Upon proof of a violation and failure to cure
<br />within the thirty day period after receipt of notice, a court shall award the following:
<br />(1) n~~ *h n--Q~°~*z ~~~ F- ~ -- Formatted: Indent Left 1"
<br />{~` ' rr^^ ^°^^r ^Actual damages as proven by the Private Enforcer-er
<br />r;;, « :,~" : „r~,.:o„+ „ „+~„+,,~,,,., T„ ., u ,.,ar~,; ,,,,,a iu an amount
<br />s°
<br />not to exceed Fifty Dollars ($?50) for each violation of this Chapter (hereinafter
<br />"Statutory Damages"). r'd-.~1~>; ~lr~~~:;~~~eia~n ~~h~p*~,;~as"~r~p ~ ;?t
<br />. Notwithstanding any
<br />other provision of this Chapter, no Private Enforcer suing on behalf of the general
<br />public or on its own behalf shall recover Statutory Damages based upon a
<br />violation of this Chapter if a previous claim brought on behalf of the general
<br />public for Statutory Damages and based upon the same violation has been
<br />adjudicated, whether or not the Private Enforcer was a party to that adjudication.
<br />(2) Restitution of the gains obtained in violation of this Chapter.
<br />1-iealtl~:
<br />(b) The Private Enforcer may also bring a civil action to enforce this Chapter byway
<br />of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a
<br />conditional judgment or an injunction.
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