(A) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(B) Each incident of smoking in violation of this chapter is an infraction subject to a $100 fine or otherwise punishable pursuant to § 10.99 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 Chief of Police. In addition, any peace officer or code enforcement official also may enforce this chapter.
(C) Violations of this chapter are also 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.
(D) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
(E) Any violation of this chapter is hereby declared to be a nuisance.
(F) 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, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(G) Except as otherwise provided, 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 public enforcement of this chapter against private parties.
(H) Any person acting for the interests of itself, its members, or the general public may bring a civil action to enjoin a violation of this chapter by a landlord, employer, business, or nonprofit entity or to enjoin repeat violations of this chapter by an individual.
(Ord. 753-C.S., passed 7-20-10)