§ 9.11.255  PENALTIES AND ENFORCEMENT.
   Notwithstanding the penalties and enforcement provisions set forth in Section 9.11.130 of this Chapter, for a violation of this Subchapter 9.11.200, et seq., the following provisions shall apply:
   A.   Except as otherwise provided in Section 9.11.255 .B below, a violation of this Subchapter is not a misdemeanor or an infraction. The enforcement of this Subchapter shall be by the private parties involved.
   B.   A violation of Sections 9.11.215 .B, 9.11.215 .C, 9.11.215 .D, 9.11.230 .B, 9.11.235 .A, 9.11.235 .B, 9.11.240 .B, 9.11.245 .A and 9.11.245 .B of this Subchapter:
      1.   In the discretion of the City Attorney, may be prosecuted as an infraction or misdemeanor.  The penalties for a violation of the aforementioned Sections shall be consistent with the penalties set forth in Sections 1.01.040 and 1.01.045 of this Code, but in no event shall such penalties exceed the maximum penalties permitted under State law;
      2.   Is subject to a civil action brought by the City Attorney, punishable by a civil fine not less than one hundred dollars ($100) and not exceeding one thousand dollars ($1,000) per violation; and
      3.   Is subject to enforcement through the imposition of an administrative fine as set forth in Chapter 1.02 of this Code.
   C.   Under no circumstances shall the City have any responsibility or obligation to enforce or seek any legal redress, civil or criminal, for any violation of this Subchapter. Nothing in this Subchapter shall create a right of action in any person against the City of Culver City or its agents to compel public enforcement of this Subchapter against private parties.
   D.   The remedies provided by this Section 9.11.255 and Section 9.11.260 are cumulative and in addition to any other remedies available at law or in equity.
   E.   Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Subchapter shall also constitute a violation of this Subchapter.
   F.   Any violation of this Subchapter is hereby declared to be a public nuisance.
   G.   No person shall intimidate, harass, or otherwise retaliate against any person who seeks compliance with this Subchapter. Moreover, no person shall intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this Subchapter.
   H.   Any person acting for the interests of itself, its members, or the general public may bring a civil action to enforce this Subchapter in accordance with the provisions in Section 9.11.250 below.
(Ord. No. 2014-006 § 1)