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(a) Criminal Enforcement. Any person who violates Section 4303 of this Article 43 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by incarceration in the County Jail, fine, or both. Upon a first conviction for violation of Section 4303, the person shall be incarcerated in the County Jail for up to three months, or fined up to $500, or both. Upon a subsequent conviction for violation of Section 4303, the person shall be incarcerated in the County Jail for up to six months, or fined up to $1000, or both.
(b) Civil Enforcement. An aggrieved person may enforce the provisions of this Article 43 by means of a civil action. An aggrieved person includes any reproductive health care facility that is the site of a violation of this Article. Any person who violates any of the provisions of this Article or who aids in the violation of this Article shall be liable to the aggrieved person for special and general damages, but in no case less than $1000 plus attorneys' fees and the costs of the action. In addition, punitive damages may be awarded in a proper case.
(c) Dispersal Order. A law enforcement official may order the immediate dispersal of a gathering that continues to violate Section 4303 after a verbal warning. A dispersal order issued pursuant to this subsection (c) shall include the following statements: (1) the gathering has substantially impeded access to or departure from the reproductive health care facility; (2) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 100 feet of an entrance or a driveway to the reproductive health care facility; and (3) the order shall remain in place for eight hours or until the close of business of the reproductive health facility, whichever is earlier. This subsection (c) shall apply during the business hours of a reproductive health care facility and up to one hour before and after the posted business hours.
(d) Other Enforcement. Nothing in this Article 43 shall preclude any person from seeking any other remedies, penalties or procedures provided by law.
In undertaking the adoption and enforcement of this Article, the City and County is undertaking only to promote the general welfare. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
(Added by Ord. 226-93, App. 7/16/93)
(a) In adopting this Article 43, the Board of Supervisors recognizes both the fundamental constitutional right to assemble peaceably and to demonstrate on matters of public concern, as well as the right to seek and obtain health care. This Article promotes the full exercise of these rights and strikes an appropriate accommodation between them.
(b) It is not the intention of the Board of Supervisors to interfere with the right to protest, including the right to protest conditions of employment. Rather it is the intention of the Board of Supervisors to impose reasonable time, place, and manner restrictions on all protests, to protect the right to seek and obtain health care.
Nothing in this ordinance shall be interpreted or applied so as to create any requirement, power, or duty in conflict with any federal or state law.
(Added by Ord. 276-24, File No. 241040, App. 12/11/2024, Eff. 1/11/2025)
(Former Sec. 4307 added by Ord. 226-93, App. 7/16/93; renumbered as Sec. 4308 by Ord. 276-24, File No. 241040, App. 12/11/2024, Eff. 1/11/2025)
SEC. 4308. SEVERABILITY.
If any part or provision of this Article 43, or the application thereof to any person or circumstance, is held invalid, the remainder of this Article, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, the provisions of this Article are severable.
(Added as Sec. 4307 by Ord. 226-93, App. 7/16/93; amended and renumbered by Ord. 276-24, File No. 241040, App. 12/11/2024, Eff. 1/11/2025)