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8.A. - Page 17 <br />A. The remedies provided by this article are cumulative and in addition to any other <br />remedies available at law or in equity. <br />B. Every instance of Smoking in violation of this article is an infraction punishable as <br />provided in Section 1.7 of this Code. Other violations of this article may be <br />prosecuted as infractions or misdemeanors when the interests of justice so require. <br />Any peace officer or code enforcement official may enforce this chapter. <br />C. Violations of this article are subject to a civil action brought by the City, punishable <br />by a civil fine not less than two hundred fifty dollars ($250) and not exceeding one <br />thousand dollars ($1,000) per violation. <br />D. No Person shall intimidate, harass, or otherwise retaliate against any Person who <br />seeks compliance with this article. Moreover, no Person shall intentionally or <br />recklessly expose another Person to Smoke in response to that Person's effort to <br />achieve compliance with this article. Violation of this subsection shall constitute a <br />misdemeanor. <br />E. Causing, permitting, aiding, or abetting a violation of any provision of this article <br />shall also constitute a violation of this article. <br />F. Any violation of this article is hereby declared to be a public nuisance. <br />G. In addition to other remedies provided by this article or otherwise available at law <br />or in equity, any violation of this article may be remedied by a civil action brought <br />by the City Attorney including, without limitation, administrative or judicial nuisance <br />abatement proceedings, civil or criminal code enforcement proceedings, and suits <br />for injunctive relief. <br />Section 2. If any section, paragraph, sentence or word of this ordinance or of <br />the Code hereby adopted should for any reason, be found invalid, it is intended that all <br />other portions of this ordinance independent of any such portion as may be declared <br />invalid shall be valid. <br />Section 3. This adoption of this ordinance is exempt from CEQA pursuant to <br />Section 15061(b)(3) because it can be seen with certainty that adoption of this <br />ordinance will not have a significant adverse effect on the environment. <br />Section 4. The City Clerk shall publish this ordinance in accordance with <br />applicable law. <br />Section 5. This ordinance shall take effect on January 1, 2018. <br />Page 11 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING <br />REV: 09-27-17 RL <br />