(a) Any violation of this chapter is hereby declared to be a public nuisance.
(b) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.
(c) Whenever evidence of a violation of this chapter is obtained in any part through the participation of an individual under the age of twenty-one years old, such an individual shall not be required over his or her objection to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented.
(d) Violations of this chapter may be remedied by a civil action brought by the city attorney or Santa Clara County Counsel, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief. For the purposes of the civil remedies provided in this chapter, each day on which a tobacco product is offered for sale in violation of this chapter, and each individual retail tobacco product that is sold or distributed in violation of this chapter, shall constitute a separate violation of this chapter.
(e) Any person found guilty of violating any provision of this chapter shall be deemed guilty of an infraction, punishable as provided by California Government Code § 25132.
(f) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
(Ord. 5502 § 2 (part), 2020: Ord. 5418 § 2 (part), 2017)