(A) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(B) Subject to the remainder of this division, every instance of smoking in violation of this chapter is an infraction subject to a fine of $500; provided, that:
(1) A second instance of smoking in violation of this chapter within 12 consecutive months after a prior instance is an infraction subject to a fine of $750; and
(2) A third or any additional instance of smoking in violation of this chapter within 12 months after a second or any additional instance is an infraction subject to a fine or $1,000.
(C) Any peace officer, code enforcement official or the City Attorney may also enforce this chapter.
(D) Violations of this chapter are subject to a civil action brought by the city, punishable by a civil fine not less than $250 and not exceeding $1,000 per violation.
(E) No person shall intimidate, harass or otherwise retaliate against any person who seeks compliance with this chapter. Moreover, no person shall intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this chapter. Violation of this division shall constitute a misdemeanor.
(F) Causing, permitting, aiding or abetting a violation of any provision of this chapter shall also constitute a violation of this chapter.
(G) Any violation of this chapter is hereby declared to be a public nuisance,
(H) In addition to other remedies provided by this chapter, or otherwise available at law or in equity, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, without limitation, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings and suits for injunctive relief.
(I) Except as otherwise provided, civil enforcement of this chapter is at the sole discretion of the city. Nothing in this chapter shall create a right of action in any person against the city or its agents to compel civil or criminal enforcement of this chapter against private parties.
(Ord. 1332, passed 11-2-11)