Colton Municipal Code Ch. 5.55 Tobacco Retailer License Required

The purpose and intent of this chapter is to ensure compliance with the business standards and practices of the City, to encourage responsible tobacco retailing, and to discourage violations of tobacco-related laws, especially those which prohibit or discourage the sale or distribution of tobacco and nicotine products to youth, but not to expand or reduce the degree to which the acts regulated by federal or state law are criminally proscribed or to alter the penalties provided therein.

(Ord. No. O-13-19, § 2, 11-19-2019)

For the purposes of this chapter, the definitions contained in this section shall govern the meanings of the following terms, words, phrases, and their derivations:

"Applicant" means an applicant for a Tobacco Retailer License.

"Application" means the application submitted under Section 5.55.040 for a Tobacco Retailer License.

"Arm's length transaction" means a sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm's length transaction.

"Business" means any sole proprietorship, joint venture, corporation, or other business entity formed for profit-making purposes, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural, or other professional services are delivered.

"Cigar" means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco weighing more than three pounds per thousand.

"Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its Packaging and Labeling, is likely to be offered to, or purchased by, Consumers as a Cigarette described herein.

"City" means the City of Colton, California.

"City Council" means the City Council of the City of Colton.

"City Manager" means the City Manager of the City of Colton.

"Consumer" means a Person who purchases a Tobacco Product for consumption and not for Sale to another.

"Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue; whether in paper, digital, or other form; used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price.

"Department" means Development Services and any agency or Person designated by the Department to enforce or administer the provisions of this Chapter.

"Drug Paraphernalia" has the meaning set forth in California Health and Safety Code section 11014.5, as that section may be amended from time to time.

"Full Retail Price" means the price listed for a Tobacco Product on its Packaging or on any related shelving, advertising, or display where the Tobacco Product is sold or offered for Sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price.

"Little Cigar" means any roll of tobacco other than a Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than three pounds per thousand. "Little Cigar" includes, but is not limited to, Tobacco Products known or labeled as small cigar, little cigar, or cigarillo.

"Manufacturer" means any Person, including any re-packer or re-labeler, who manufactures, fabricates, assembles, processes, or labels a Tobacco Product; or imports a finished Tobacco Product for sale or distribution into the United States.

"Package" or "Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which a Tobacco Product is sold or offered for Sale to a Consumer.

"Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity.

"Police Department" means the Colton Police Department.

"Proprietor" means a person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a ten percent or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business.

"Sale" or "Sell" means any transfer, exchange, barter, gift, and offer for sale or distribution for a commercial purpose, in any manner or by any means whatsoever.

"Self-Service Display" means the open display or storage of Tobacco Products or Tobacco Paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of Self-Service Display.

"Tobacco Paraphernalia" means cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.

"Tobacco Product" means:

1. Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by other means, including, but not limited to cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; and

2. Any electronic device that delivers nicotine or other substances to the Person inhaling the device, including but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah, or vaping device.

3. Notwithstanding any provision of subsection (1) and (2) to the contrary, "Tobacco Product" includes any component, part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not sold separately. "Tobacco Product" does not include drugs, devices, or combination products authorized for sale by the United States Food and Drug Administration, as those terms are defined in the Federal Food, Drug and Cosmetic Act.

"Tobacco Retailer" means any person who sells, offers for sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia, or who distributes free or low-cost samples of tobacco products or tobacco paraphernalia.

(Ord. No. O-13-19, § 2, 11-19-2019)

It shall be unlawful for any person to act as a Tobacco Retailer in the City without first obtaining and maintaining a valid Tobacco Retailer License and Business License pursuant to this chapter for each location at which that activity is to occur. Tobacco Retailing without a valid Tobacco Retailer License and Business License is a nuisance as a matter of law.

(Ord. No. O-13-19, § 2, 11-19-2019)

Application for a Tobacco Retailer's License shall be submitted to the Department in the name of each Proprietor proposing to conduct retail tobacco sales and shall be signed by each Proprietor or an authorized agent thereof.

It is the responsibility of each Proprietor to be informed regarding all laws applicable to Tobacco Retailing, including those laws affecting the issuance of a Tobacco Retailer's License. No Proprietor may rely on the issuance of a license as a determination by the City that the Proprietor has complied with all laws applicable to Tobacco Retailing. A license issued contrary to this Chapter, contrary to any other law, or on the basis of false or misleading information supplied by a Proprietor shall be revoked pursuant to Section 5.55.160 of this Chapter. Nothing in this Chapter shall be construed to vest in any Person obtaining and maintaining a Tobacco Retailer's license any status or right to act as a Tobacco Retailer in contravention of any provision of law.

All applications shall be submitted on a form supplied by the Department and shall contain the following information:

1. Name, address, e-mail and telephone number of each Proprietor of the business seeking the license;

2. The business name, address, and telephone number of the single fixed location for which a license is sought;

3. A single name and mailing address authorized by each Proprietor to receive all communications and notices (the "Authorized Address") required by, authorized by, or convenient to the enforcement of this Chapter. If an Authorized Address is not supplied, each Proprietor shall be understood to consent to the provision of notice at the business address specified in subparagraph (2) above.;

4. Proof that the location for which a Tobacco Retailer's License is sought has been granted a valid state Tobacco Retailer's License by the California Board of Equalization, if the Tobacco Retailer sells products that require such license;

5. Whether or not the applicant has previously been determined to have violated this chapter, and, if so, the dates and locations of all such violations within the past six years;

6. A statement signed by each Proprietor that no Drug Paraphernalia is or will be sold at the location for which the license is sought; and

7. Such other information as the Department deems necessary for the administration or enforcement of this ordinance.

8. Every Tobacco Retailer License holder shall report in writing to the Department any and all changes to any of the above listed information provided to the City within ten calendar days of said change(s).

(Ord. No. O-13-19, § 2, 11-19-2019)

A. No license may be issued to authorize Tobacco Retailing at other than a fixed location.

B. Upon receipt of an Application for a Tobacco Retailer's License and the accompanying license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one of the following conditions is present:

1. The application is incomplete or contains false or inaccurate information. Intentionally supplying inaccurate or false information shall be a violation of this chapter.

2. The application seeks authorization for Tobacco Retailing for an applicant, to whom this chapter prohibits a license to be issued.

3. The application seeks authorization for Tobacco Retailing at a location, for which this chapter prohibits a license to be issued.

4. The application seeks authorization for Tobacco Retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this Code, or that is unlawful pursuant to any other law.

C. The Department shall promptly provide notice to the applicant following the Department's determination that the application has been approved or denied. Notice shall be given by personal service or certified, registered, or first-class mail of the letter to the address shown on the application. The written notice shall state that the applicant may appeal a determination of denial to the Police Department and shall state the process, by which such appeal may be made. Service shall be deemed complete when personal service is made or when the notice letter is delivered by certified, registered, or first-class mail.

D. A Tobacco Retailer's License shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, that one or more of the bases for denial of a license under this Section existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the City. Such revocation shall be without prejudice to the filing of a new license application.

(Ord. No. O-13-19, § 2, 11-19-2019)

Schools and Youth-Populated Areas. Tobacco Retailing is prohibited near schools and areas with youth populations as follows:

1. No license may issue, and no existing license may be renewed, to authorize Tobacco Retailing within one thousand feet of a Youth-Populated Area as measured by a straight line from the nearest point of the property line of the parcel on which the Youth-Populated Area is located to the nearest point of the property line of the parcel on which the applicant's business is located. For the purpose of this subsection and subsection (2), a "Youth-Populated Area" means a parcel in the City that is occupied by:

i. A private or public kindergarten, elementary, middle, junior high, or high school;

ii. A library open to the public;

iii. A playground open to the public;

iv. A youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities;

v. A recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes. "Recreation facility" includes, but is not limited to, a gymnasium, playing court, playing field, and swimming pool;

vi. An arcade open to the public;

vii. A park open to the public or to all the residents of a private community;

viii. A licensed child-care facility or preschool as defined in California Health and Safety Code § 1596.78.

2. A Tobacco Retailer operating lawfully on the date this ordinance is adopted, which does not conform to the provisions of this Section, is hereby defined as a "legal non-conforming use" and is subject to the provision of Zoning Code Section 18.46.030—Nonconforming Uses of Land.

(Ord. No. O-13-19, § 2, 11-19-2019; Ord. No. O-07-20, § 2, 8-4-2020)

In the event that an applicant receives notice that his or her application has been denied, the applicant may appeal the decision to deny the application to the City Manager or assigned designee. The appeal must be filed with the City Clerk within ten (10) calendar days from the date, on which notice is deemed complete. The appeal must be accompanied by appropriate Fee as determined by a Resolution of the City Council to reimburse the City for the cost to process the Appeal and must include the following information:

1. Name, telephone number, email address, and address of appellant;

2. Date, on which the original application was filed with the Department;

3. A copy of the original application and any accompanying materials;

4. Grounds for appealing the Department's determination; and

5. Such other information as is requested by the City Manager.

Upon receipt of a timely appeal, the City Manager or assigned designee shall schedule and conduct a hearing in the same manner and by the same standards provided for in Section 5.55.180 of this chapter. The City Manager's decision or assigned designee shall be final.

(Ord. No. O-13-19, § 2, 11-19-2019)

Nothing in this Chapter shall be construed to grant any Person obtaining and maintaining a Tobacco Retailer's License any status or right other than the limited conditional privilege to act as a Tobacco Retailer at the location in the City identified on the face of the license. Nothing in the Chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including, but not limited to any provision of this code.

(Ord. No. O-13-19, § 2, 11-19-2019)

A Tobacco Retailer's License is nontransferable. A new Tobacco Retailer's License is required whenever a Tobacco Retailing location has a change in Proprietor(s).

(Ord. No. O-13-19, § 2, 11-19-2019)

A Tobacco Retailer's License is invalid if the appropriate fee has not been timely paid in full. The fee to issue or to renew a Tobacco Retailer's License shall be established by resolution of the City Council. The fee shall be calculated as to recover the total cost of both license administration and license enforcement. Fees are nonrefundable except as may be required by law.

(Ord. No. O-13-19, § 2, 11-19-2019)

A Tobacco Retailer License is invalid if the term of the license has expired and the license has not been timely renewed. A Tobacco Retailer License shall be valid for one year from issuance or as extended pursuant to this chapter. The license shall be issued on a calendar year basis. That is, the license shall issue on the first day of January following approval of the Tobacco Retailer License application and will remain valid through December 31st of that year.

(Ord. No. O-13-19, § 2, 11-19-2019)

Each Tobacco Retailer shall apply for the renewal of his or her Tobacco Retailer's License thirty calendar days prior to the expiration of the license term. Renewals shall be processed and investigated in the same manner and by the same standards used to process and investigate the initial license application. Additionally, the applicant is required to submit all information, which has changed from the last application or renewal to the Department.

(Ord. No. O-13-19, § 2, 11-19-2019)

If a renewal application, appropriate fees, and all required information for the renewal are not received within thirty calendar days prior to the license expiration date or a timely submitted renewal application is not subsequently approved, the Tobacco Retailer License shall be deemed expired on the date of expiration and no privilege to engage in Tobacco Retailing in the city shall exist. To renew a license not timely renewed pursuant to Section 5.55.120 of the Chapter, the Proprietor must:

1. Submit the license fee and application renewal form; and

2. Submit a signed affidavit affirming that the Proprietor:

(i) Has not sold and will not sell any Tobacco Product or Tobacco Paraphernalia after the license expiration date and before the license is renewed; or

(ii) Has waited the period of time required by Section 5.55.210 of this Chapter for Tobacco Retailing without a valid license before seeking renewal of the license.

(Ord. No. O-13-19, § 2, 11-19-2019)

Failure by any person, or any person's agents or employees' who are engaged in the act of Tobacco Retailing, to meet any of the operating requirements contained herein shall be considered a violation of this chapter and shall constitute grounds for the suspension or revocation of the tobacco retailer license:

A. Display of License. The current Tobacco Retailer License shall be prominently displayed in a publicly visible location at the licensed location.

B. Packaging and Labeling. No Tobacco Retailer shall Sell any Tobacco Product to any Consumer unless such product: (1) is sold in the original Manufacturer's Packaging intended for Sale to Consumers; and (2) conforms to all applicable Federal Labeling requirements.

C. Display of Price. The price of each Tobacco Product offered for Sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.

D. Prohibition of Redemption of Tobacco Coupons and Discounts. No Tobacco Retailer shall:

1. Honor or redeem, or offer to honor or redeem, a Coupon to allow a Consumer to purchase a Tobacco Product for less than the Full Retail Price;

2. Sell any Tobacco Product to a Consumer through a multiple-Package discount or otherwise provide any such product to a Consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or

3. Provide any free or discounted item to a Consumer in consideration for the purchase of any Tobacco Product.

E. Signage.

1. Notwithstanding the regulations contained in Chapter 18.50 of this Code, in the course of Tobacco Retailing or in the operation of a business or maintenance of a location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to cover more than any portion of the area of each window and clear door of the location with signs of any sort, excluding signage mandated by local, state, or Federal law. For the purposes of this subsection, the area covered shall be computed to include (i) all clear areas within signs; and (ii) signs that are not attached to windows or clear doors but are visible from exterior public rights-of-way in the same manner as if they were attached to windows or clear doors.

2. All signs shall be placed and maintained to ensure law enforcement personnel have a clear and unobstructed view of the interior of the premises, including the area in which the cash registers are maintained, from exterior public rights of way or from the entrance. However, this subsection shall not apply to premises where there are no windows, or where the design or location of windows or landscaping precludes a view of the interior of the premises from exterior public rights-of-way or from the entrance.

F. Tobacoo Paraphernalia. No person engaged in Tobacco Retailing shall sell or transfer any tobacco product or smoking paraphernalia to another person who appears to be under the age of twenty-seven years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase the tobacco product, electronic smoking device or smoking paraphernalia.

G. Drug Paraphernalia. In the course of Tobacco Retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for any licensee or any of the licensee's agents or employees to violate any local, state, or federal law regulating controlled substances or Drug Paraphernalia, such as, for example, California Health and Safety Code section 11364.7, as that section may be amended from time to time.

H. Local, State, and Federal Law. It shall be a violation of this chapter for any person, or any of the person's agents or employees, to violate any local, state, and/or federal laws applicable to Tobacco Products, Tobacco Paraphernalia, or Tobacco Retailing.

I. Self-Service Displays Prohibited. Tobacco Retailing by means of a Self-Service Display is prohibited.

(Ord. No. O-13-19, § 2, 11-19-2019; Ord. No. O-07-20, § 2, 8-4-2020)

Compliance with this Chapter shall be monitored by the Police Department. In addition, any peace officer may enforce the penal provisions of this Chapter. The City may designate additional Persons to monitor compliance with this Chapter.

(Ord. No. O-13-19, § 2, 11-19-2019)

In addition to any other penalty authorized by law, a Tobacco Retailer's License shall be suspended or revoked if any court of competent jurisdiction determines, or the Police Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, that the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this Chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any regulation designated in this Chapter.

1. Upon a finding by the Police Department of a first violation of this Chapter at a location within any five-year period, the license shall be suspended for thirty days.

2. Upon a finding by the Police Department of a second violation of this Chapter at a location within any five-year period, the license shall be suspended for ninety days.

3. Upon a finding by the Police Department of a third violation of this chapter at a location within any five-year period, the license shall be suspended for one year.

4. Upon a finding by the Police Department of four or more violations of this chapter at a location within any five-period, the license shall be revoked.

(Ord. No. O-13-19, § 2, 11-19-2019)

A. Written notice stating the grounds for the proposed revocation or suspension shall be given to the Tobacco Retail License holder promptly upon determination made by the Police Department that good cause exists for the revocation or suspension. Notice shall be given by personal service or certified, registered, or first-class mail of the letter to the address shown on the last application or renewal. The written notice shall state that the Tobacco Retail License holder may appeal the Police Department determination and shall state the process, by which such appeal may be made.

B. Service shall be deemed complete when personal service is made or when the notice letter is delivered by certified, registered, or first-class mail.

(Ord. No. O-13-19, § 2, 11-19-2019)

A. Any Decision of the Police Department to suspend or revoke a license of a Tobacco Retailer may be Appealed to the City Manager or appointed designee. The Appeal Shall be filed in writing with the City Clerk within ten (10) Days of any Decision by the Police Department. Unless an Appeal is filed within such period, any action or Decision of the Police Department shall be final and the City Manager shall lack jurisdiction to act on such Appeal. No Appeal shall be valid unless accompanied by the appropriate Fee as determined by a Resolution of the City Council to reimburse the City for the cost to process the Appeal.

B. The statement of Appeal shall identify the specific action of the Police Department from which the Appeal is taken, specify the grounds for the Appeal, and identify the relief requested from the City Manager.

C. Upon receipt of a statement of Appeal, the City Manager or appointed designee shall promptly set the matter for a hearing. The City Manager or appointed designee may either hear the Appeal or Designate another Person or panel to hear the Appeal, provided that no member of the Police Department may hear the Appeal. If the City Manager or appointed designee wishes to have a Hearing Officer who is not a City Employee, officer, or elected official, or a hearing panel which is not composed entirely of City Employees, officers, or elected officials, such Hearing Officer or hearing panel must be Designated by a neutral body Designated by the City Manager. The City Manager, or the City Manager's Designee, may deny the Appeal or may grant the Appeal, in whole or in Part. Within ten days following the conclusion of the hearing, the City Manager, or the City Manager's Designee, shall render a Decision on the Appeal which shall address each Matter raised by the Appeal. The Decision of the City Manager, or the City Manager's Designee, shall be final.

(Ord. No. O-13-19, § 2, 11-19-2019)

For a first or second alleged violation of this chapter within any three-month period, the Police Department may allow a Tobacco Retailer alleged to have violated this chapter to agree to the penalties provided in this section in lieu of the penalties that would otherwise apply under this chapter and to forego a hearing on the allegations. Notice of any agreement shall be provided to the Department and no hearing shall be held. Agreements shall not be confidential and shall contain the following terms as well as any other non-criminal provisions established by the City Attorney in the interests of justice:

A. After a first alleged violation of this chapter at a location:

1. An agreement to stop acting as a Tobacco Retailer for one (1) day;

2. An administrative penalty of one thousand dollars; and

3. An admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penalty for any future violation.

B. After a second alleged violation of this chapter at a location within a three-month period:

1. An agreement to stop acting as a Tobacco Retailer for ten days;

2. An administrative penalty of at least five thousand dollars; and

3. An admission that the violation occurred and an acknowledgment that the violation will be considered in determining the fine or penaly for any future violations.

(Ord. No. O-13-19, § 2, 11-19-2019; Ord. No. O-07-20, § 2, 8-4-2020)

A Tobacco Retailer without a valid Tobacco Retailer License or a Proprietor without a valid Tobacco Retailer License, including, for example, a Person whose license has been suspended or revoked:

1. Shall keep all Tobacco Products and Tobacco Paraphernalia out of public view. The public display of Tobacco Products or Tobacco Paraphernalia in violation of this provision shall constitute Tobacco Retailing without a license under Section 5.55.210; and

2. Shall not display any advertisement relating to Tobacco Products or Tobacco Paraphernalia that promotes the sale or distribution of such products from the Tobacco Retailer's location or that could lead a reasonable Consumer to believe that such products can be obtained at that location.

(Ord. No. O-13-19, § 2, 11-19-2019)

A. In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Police Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, that any Person has engaged in Tobacco Retailing at a location without a valid Tobacco Retailer's License, either directly or through the Person's agents or employees, the Person shall be ineligible to apply for, or to be issued, a Tobacco Retailer's license as follows:

1. After a first violation of this section at a location within any five-year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until thirty days have passed from the date of the violation.

2. After a second violation of this section at a location within any five (5) year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until ninety days have passed from the date of the violation.

3. After of a third or subsequent violation of this section at a location within any five-year period, no new license may issue for the Person or the location (unless ownership of the business at the location has been transferred in an Arm's Length Transaction), until five years have passed from the date of the violation.

B. For the purposes of the civil remedies provided in this Chapter;

C. Each day on which a Tobacco Product or Tobacco Paraphernalia is offered for Sale in violation of this chapter shall constitute a separate violation of this chapter; and

D. Each individual retail Tobacco Product and each individual retail item of Tobacco Paraphernalia that is distributed, sold, or offered for Sale in violation of this chapter shall constitute a separate violation of this chapter.

(Ord. No. O-13-19, § 2, 11-19-2019)

A. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.

B. Violations of this chapter are subject to a civil action brought by the District Attorney or the City Attorney, punishable by a civil fine not less than two hundred fifty dollars and not exceeding one thousand dollars per violation.

C. Violations of this chapter are hereby declared to be public nuisances.

D. Violations of this chapter may, in the discretion of the District Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require.

E. Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter.

F. In addition to other remedies provided by this Chapter or by other law, any violations of this Chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil code enforcement proceedings, and suits for injunctive relief.

(Ord. No. O-13-19, § 2, 11-19-2019)

Enforcement of this title shall be the responsibility of the City Manager or appointed designee.

(Ord. No. O-13-19, § 2, 11-19-2019)

The provisions of this chapter are severable. If any provision or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application.

(Ord. No. O-13-19, § 2, 11-19-2019)