(a) Any person who violates this Chapter shall be guilty of a misdemeanor; provided, however, that any such offense may be charged as an infraction in the discretion of the City Attorney or District Attorney. The City Attorney is authorized to prosecute any other civil or criminal remedies available in law or in equity for violations of this Chapter, including, but not limited to, seeking an order or warrant to confiscate psychoactive bath salts or psychoactive herbal incense.
(b) Any person who violates this Chapter shall be guilty of a separate offense for each day or part of a day during which the violation is committed, continued, or permitted.
(c) Alternatively, the City may assess an administrative fine and penalty of $1,000 a day for all violations of this Chapter based upon its finding of the immediate and substantial harm to public health, safety, and welfare by a violation of this Chapter. Such enforcement shall be consistent with the requirements for administrative citations.
(d) In addition to any other remedies, the City may withhold or refuse to issue a business license to any person or entity found to be in violation of this Chapter or may revoke an existing business license as set forth in Section 11.90.060.
(e) Violation of this Chapter also constitutes a public nuisance. Because the use of synthetic drugs has been documented to cause hallucinations, agitation, psychosis, aggression, suicidal and homicidal ideations, and death, any violation of this Chapter presents a grave and imminent danger not only to the person consuming the synthetic drug, but also to the public at large. If the Code Enforcement Officer, based on the facts then known, determines that a violation of this Chapter presents an imminent danger or hazard or is imminently injurious to the public health or safety, then that violation is punishable by the summary abatement procedures set forth in Chapter 11.20 hereof.
(Ord. 143, passed 12-13-2012)