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time application was made or at any time before the license issued. The decision by the Administrator shall be the final decision of the City. Such a revocation shall be without prejudice to the filing of a new license application. 4-36-650 ENFORCEMENT. (a) Criminal Prosecution. Each incident of violation of this Chapter is an infraction subject to a one hundred dollar fine or otherwise punishable pursuant to Section 1-12-200(c) of this Code. Other violations of this Chapter may,in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this Chapter shall be the responsibility of the Police Chief or designee. In addition, any peace officer or code enforcement official also may enforce this Chapter. (b) Civil Enforcement by the City. (1) Fines. Violations of this Chapter are subject to a civil action brought by the City of San Leandro, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation. (2) Injunctions, Nuisance Abatement, and Code Enforcement. In addition to other remedies provided by this Chapter or by other law, any violation of this Chapter may be remedied by a civil action brought by the City Attorney including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. Where the City pursues a civil action to remedy a violation of this Chapter, the prevailing party shall be entitled to recover attorneys' fees and costs if the City elects, at the beginning of that action, to seek recovery of its own attorneys' fees and costs pursuant to California Government Code Section 38773.5 as that section may be amended from time to time. (c) General Provisions. (1) Cumulative Remedies. The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity. (2) Violations. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall also constitute a violation of this Chapter. A violation exists for each day on which an electronic cigarette, electronic cigarette product, electronic cigarette paraphernalia, tobacco product or tobacco paraphernalia is offered for sale in violation of this Chapter. A violation also exists for each individual retail electronic cigarette, electronic cigarette product or tobacco product and each individual retail item of electronic cigarette paraphernalia tobacco paraphernalia that is distributed, sold, or offered for sale in violation of this Chapter. (3) Nuisances. Violations of this Chapter are hereby declared to be public nuisances. (4) No Testimony for Persons Under Eighteen. Whenever evidence of a violation of this Chapter is obtained in any part through the participation of a person under the age of eighteen years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this Chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. 4-36-700 OPERATIVE DATE OF CHAPTER. This chapter shall be operative on August 15, 2018. 287177.1