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10C Action 2009 1207
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10C Action 2009 1207
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12/3/2009 12:18:57 PM
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12/3/2009 12:18:56 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
12/7/2009
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_CC Agenda 2009 1207
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violation; Two Hundred Dollars ($200) far 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. <br />4-12-505 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 />(3) Exemplary damages, where it is proven by clear and convincing evidence <br />that the defendant is guilty of oppression, fraud, malice, or a conscious disregard far the public <br />health. <br />(b) The Private Enforcer may also bring a civil action to enforce this Chapter by way <br />of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a <br />conditional judgment or an injunction. <br />(c) Notwithstanding any legal or equitable bar against a Private Enforcer seeking <br />relief on its own behalf, a Private Enforcer may bring an action to enforce this Chapter solely on <br />behalf of the general public. When a Private Enforcer brings an action solely on behalf of the <br />general public, nothing about such an action shall act to preclude or bar the Private Enforcer <br />from bringing a subsequent action based upon the same facts but seeking relief on its own behalf. <br />(d) Nothing in this Chapter shall prohibit the Private Enforcer from bringing a civil <br />action in small claims court to enforce this Chapter, so long as the amount in demand and the <br />type of relief sought are within the jurisdictional requirements of small claims court as set forth <br />in California Code of Civil Procedure Section 116.220. <br />6 <br />
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