SEC. 32.810. EXCEPTIONS FOR PUBLIC HEALTH AND SAFETY.

   (a)   Nothing in this chapter shall be construed to prohibit any act authorized by the laws of the United States, the State of California or the County of San Diego or any act required by the County Department of Health Services to protect the public health.

   (b)   Nothing in this chapter shall prohibit any act which is necessary to protect the health or safety of the general public. If a party to any action brought under this chapter asserts that a discriminatory practice is justifiable because it is necessary to protect the health or safety of the general public, that party shall have the burden of proving that:

      (1)   The discrimination is a necessary result of a necessary course of conduct pursued to protect the health or safety of the general public; and

      (2)   There is no less discriminatory means to protect the health or safety of the general public.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)

SEC. 32.811. LIABILITY AND DAMAGES.

   Any person who violates this chapter or who aids another person in violating this chapter is liable for each and every violation, for damages up to a maximum of three times the amount of actual damages, for punitive damages as may be determined by a jury or a court sitting without a jury and for costs, including reasonable attorney's fees, as may be determined by the court.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)

SEC. 32.812. ENFORCEMENT.

   (a)   Any aggrieved person may enforce this chapter by means of a civil action.

   (b)   Any person who commits or proposes to commit an act in violation of this chapter may be enjoined from that conduct by a court of competent jurisdiction.

   (c)   An action seeking injunctive relief under subsection (b) above may be brought by an aggrieved person or by any interested person who will fairly and adequately represent the interests of the aggrieved person or class of persons on whose behalf relief is sought.

   (d)   Nothing in this chapter shall preclude any aggrieved person from pursuing any other remedy provided by law.

   (e)   An action arising under this chapter shall not be rendered moot because of the death or physical or mental incapacity of the person who was the subject of the claimed discrimination.

   (f)   Notwithstanding any provision of law, no criminal penalties shall attach for any violation of this chapter.

(Amended by Ord. No. 9970 (N.S.), effective 3-12-09)

SEC. 32.813. PREEMPTION.

   This chapter shall not apply to any act of discrimination that is regulated by federal or State law.

(Added by Ord. No. 9970 (N.S.), effective 3-12-09)