A.   It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the regulation under this chapter to fail to comply with its provisions.
   B.   It is unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.
   C.   The City Prosecutor, any peace officer and any City Code Enforcement Officer shall have the authority to enforce the provisions of this chapter.
   D.   Punishment under this Code shall not preclude punishment pursuant to any provision of law pertaining to smoking or littering. Nothing in this chapter precludes any person from seeking any other remedies, penalties or procedures provided by law. The remedies provided in this Code are cumulative and in addition to any other remedies available at law or in equity.
   E.   No provision of this chapter shall authorize a criminal prosecution prohibited by Health and Safety Code sections 11362.71, et seq., or 11362.1, et seq. In the event of any conflict between the penalties enumerated under title 1 of this Code and any penalties set forth in State law, the maximum penalties allowable under State law shall govern. (Ord. 14-O-2659, eff. 6-1-2014; amd. Ord. 17-O-2721, eff. 2-10-2017; Ord. 17-O-2730, eff. 5-5-2017; Ord. 17-O-2737, eff. 11-3-2017)