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11/13/2017 <br />trespass, property damage, and personal injury or other legal or equitable <br />principles. <br />B. Nonconsensual exposure to Smoke occurring on or drifting into residential property <br />is a nuisance, and the uninvited presence of Smoke on residential property is a <br />nuisance and a trespass. <br />Sec. 15.38. — PROHIBITIONS APPLY TO CANNABIS. <br />California Health and Safety Code Sections 11362.3(a) (2) and 11362.79(a), as may be <br />amended or renumbered from time to time, prohibit Smoking cannabis wherever Smoking <br />tobacco is prohibited. The prohibitions on Smoking in Multi -Unit Residences found in this <br />article expressly apply to the Smoking of cannabis. <br />Sec. 15.39. — PENALTIES AND ENFORCEMENT. <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 paragraph 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 />Page 11 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING ORDINANCE NO. 2440 <br />REV: 11-02-17 RL MUFF NO. 301 <br />