(a) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this Chapter shall also constitute a violation of this Chapter.
(b) Violations of this Chapter may, in the discretion of the District Attorney, be prosecuted as criminal infractions or misdemeanors.
(c) Violations of this Chapter are subject to a civil action brought by the District Attorney, punishable as follows:
(1) A fine not less than two hundred fifty dollars ($250) and not exceeding one thousand dollars ($1,000) for a first violation in any sixty- (60) month period;
(2) A fine not less than one thousand dollars ($1,000) and not exceeding two thousand five hundred dollars ($2,500) for a second violation in any sixty- (60) month period; or
(3) A fine not less than two thousand five hundred dollars ($2,500) and not exceeding five thousand dollars ($5,000) for a third or subsequent violation in any sixty- (60) month period.
(d) Any violation of this Chapter is hereby declared to be a public nuisance as well as a private nuisance that is presumed to at least nominally damage each and every resident of the community in which the business operates.
(e) 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 District Attorney, including but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
(f) Any Person, including the County of Yolo , acting for the interests of itself, its members, or the general public (hereinafter "the Private Enforcer") may bring a civil action to enforce this Chapter.
(1) Upon proof of a violation, a court shall award to the Private Enforcer the following:
(A) Damages in the amount of either:
(i) Upon proof, actual damages; or,
(ii) With insufficient or no proof of the amount of actual damages, five hundred dollars ($500) for each violation of this Chapter (hereinafter "Statutory Damages"). Unless otherwise specified in this Chapter, each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this Chapter, no Private Enforcer suing on behalf of the general public shall recover Statutory Damages based upon a violation of this Chapter if a previous claim brought on behalf of the general public for Statutory Damages and based upon the same violation has been adjudicated, whether or not the Private Enforcer was a party to that adjudication.
(B) Exemplary damages, where it is proven by clear and convincing evidence that the defendant is guilty of oppression, fraud, malice, or a conscious disregard for the public health.
(C) Injunctive Relief.
(i) Notwithstanding any legal or equitable bar against a Private Enforcer seeking relief on his/her/its own behalf, a Private Enforcer may bring an action to enforce this Chapter solely on behalf of the general public. When a Private Enforcer brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the Private Enforcer from bringing a subsequent action based upon the same facts but seeking relief on the Private Enforcer's own behalf.
(ii) Nothing in this Chapter shall prohibit the Private Enforcer from bringing an action in small claims court to enforce this Chapter, so long as the amount in demand and the type of relief sought are within the jurisdictional requirements of small claims court as set forth in California Code of Civil Procedure section 116.220.
(g) Whenever evidence of a violation of this Chapter is obtained in any part through the participation of a Person under the age of eighteen (18) years old, such a Person shall not be required (but shall be permitted) 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.
(h) The remedies provided by this Chapter are cumulative and in addition to any other remedies available at law or in equity.
(i) Any peace officer may enforce the penal provisions of this Chapter. (§ 2, Ord. 1350, eff. June 15, 2006, as amended by § 2, Ord. 1559, eff. December 22, 2022)