(A) Any person who violates any provision of this Chapter is guilty of a misdemeanor or at the discretion of the prosecuting attorney, an infraction as set forth in Section 10.99 of the Indio Municipal Code.
(B) Any owner, which includes a person, partnership, association, corporation or legal entity, that owns, leases, occupies, controls, manages or possesses any cart subject to this chapter, who violates or fails to comply with or fails to continuously maintain any provision of the cart containment plan or retrieval plan as required by this Chapter, or who causes, permits or maintains a violation of this chapter, shall be guilty of a misdemeanor, or at the discretion of the prosecuting attorney, an infraction as set forth in § 10.99 of the Indio Municipal Code.
(C) Any person who violates any provision of this chapter, and any cart owner who violates or fails to comply with or continuously maintain any provision of the cart containment or retrieval plan, shall be subject to enforcement procedures for each violation by any lawful means available to the city, including, but not limited to, those set forth in California Business and Professions Code Division 8 Chapter 19, and those set forth in the Indio Municipal Code.
(D) This section is intended to be cumulative to, and not in place of, other rights and remedies available to the City pursuant to the City's municipal code and/or state law. The City Attorney or duly authorized Enforcement Official may pursue any other right and remedy permitted by the City's municipal code, including but not limited to commencement of any civil action, or administrative action to abate as a public nuisance pursuant to Chapter 95A of this code.
(Ord. 1642, passed 11-20-13)