Maywood Municipal Code Ch. 10 Tobacco Regulations

The following words and phrases, whenever used in this chapter, shall have the meanings defined in this section unless the context clearly requires otherwise:

"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 (2) informed and willing parties, neither of which is 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.

"Associated product" means a product intended for use with an electronic cigarette, including but not limited to flavor refills, cartridges, and component parts, whether or not the product contains nicotine.

"Characterizing flavor" means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a tobacco product or any byproduct produced by the tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice; provided, however, that a tobacco product shall not be determined to have a characterizing flavor solely because of the use of additives or the provision of ingredient information.

"Department" means the City's Finance Department.

"Electronic cigarette" means any electronic and/or battery-operated device or delivery system sold in combination with nicotine or other substances, in aerosolized or vaporized form, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic cigarettes include any component, part, or accessory of such a device that is used during the operation of the device when sold in combination with any liquid or substance containing nicotine. Electronic cigarettes also include any liquid or substance containing nicotine, whether sold separately or sold in combination with any device that could be used to deliver to a person nicotine in aerosolized or vaporized form. Electronic cigarettes do not include any battery, battery charger, carrying case, or other accessory not used in the operation of the device if sold separately. Electronic cigarettes shall not include any drug, device, or combination product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where that product is marketed and sold solely for such approved use.

"Electronic cigarette paraphernalia" means any item designed or marketed for the consumption, use, or preparation of electronic cigarette products.

"Electronic cigarette product" includes:

(1) Any electronic cigarette; and

(2) Any associated product, component, part, or accessory intended or reasonably expected to be used with an electronic cigarette, whether or not sold separately.

"Flavored electronic cigarette product" means any electronic cigarette product that imparts a characterizing flavor. There shall be a rebuttable presumption that an electronic cigarette product is a flavored electronic cigarette product if an electronic cigarette retailer, manufacturer, or any employee or agent of an electronic cigarette retailer or manufacturer has made a statement or claim directed to consumers or to the public that the electronic cigarette product has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the product's labelling or packaging that are used to explicitly or implicitly communicate that the electronic cigarette product has a characterizing flavor.

"Flavored tobacco product" means any tobacco product that contains a constituent that imparts a characterizing flavor to the tobacco product or smoke produced by the tobacco product, either by the addition of artificial or natural flavors or an herb or spice, including menthol, strawberry, grape, orange, clove, cinnamon, pineapple, vanilla, coconut, licorice, cocoa, chocolate, cherry, or coffee. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer, manufacturer, or any employee or agent of a tobacco retailer or manufacturer has made a statement or claim directed to consumers or to the public that the tobacco product has or produces a characterizing flavor including, but not limited to, text, color, and/or images on the product's labelling or packaging that are used to explicitly or implicitly communicate that the tobacco product has a characterizing flavor.

"Labelling" means written, printed, or graphic matter upon any electronic cigarette product or any of its packaging, or accompanying such electronic cigarette product.

"Manufacturer" means any person, including but not limited to any repacker or relabeler, who manufactures, fabricates, assembles, processes, or labels an electronic cigarette product; or imports a finished electronic cigarette product for sale or distribution into the United States.

"Nicotine" means the chemical substance named 3-(1-Methyl-2-pyrrolidinyl) pyridine or C[10]H[14]N[2], including any salt or complex of nicotine, whether derived from tobacco, or from any other source.

"Packaging" means a pack, box, carton, or container of any kind or, if no other container, any wrapping (including cellophane) in which an electronic cigarette 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.

"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 (10%) 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.

"Self-service display" means the open display of tobacco products or tobacco paraphernalia in a manner that is accessible to the general public without the assistance of the retailer or employee of the retailer. A vending machine is a form of self-service display.

"Significant tobacco retailer" means any tobacco retailer whose principal or core business is selling tobacco products, tobacco paraphernalia, or both, as evidenced by any of the following: twenty (20%) percent or more of floor area and display area is devoted to the sale or exchange of tobacco products, tobacco paraphernalia, or both; sixty-seven (67%) percent or more of gross sales receipts are derived from the sale or exchange of tobacco products, tobacco paraphernalia, or both; or fifty (50%) percent or more of completed sales transactions include a tobacco product or tobacco paraphernalia.

"Smoking" means possessing a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, hookah pipe, or cigarette of any kind), the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind).

"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 any other means, including, but not limited to, cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff;

(2) Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, electronic cigar, electronic pipe, or electronic hookah; and

(3) Notwithstanding any provision of subsections (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, including electronic cigarette paraphernalia and electronic cigarette products.

"Tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose.

"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. "Tobacco retailing" shall mean the doing of any of these things. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange.

"Vending machine" means a machine, appliance, or other mechanical device operated by currency, token, debit card, credit card, or any other form of payment that is designed or used for vending purposes, including, but not limited to, machines or devices that use remote control locking mechanisms.

(Ord. 06-531, § 1, eff. August 22, 2006; Ord. No. 20-06, § 2, 8-12-2020)

(a) It is unlawful for any person to act as a tobacco retailer without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer's license is a public nuisance.

(b) A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been 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 4-10.112.

(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.

(c) 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 right to act as a tobacco retailer at the location in the City identified on the face of the permit. For example, nothing in this 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, or any condition or limitation on smoking in an enclosed place of employment pursuant to California Labor Code Section 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of California Labor Code Section 6404.5.

(§ 1, Ord. 06-531, eff. August 22, 2006)

(a) No license may issue to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited.

(b) No license may issue to authorize tobacco retailing by a significant tobacco retailer; provided, however that a significant tobacco retailer operating legally on the date that the ordinance enacting this chapter was first introduced and that would otherwise be entitled to receive a license may receive a license and may continue to operate so long as: (1) the license is renewed continually without lapse; (2) the significant tobacco retailer is not closed for business for more than sixty (60) consecutive days; (3) the significant tobacco retailer does not substantially change the business premises or business operation; and (4) the significant tobacco retailer's maintains the right to operate under the terms of other applicable laws.

(c) No license may issue to authorize tobacco retailing at any location that is licensed under State law to serve alcoholic beverages for consumption on the premises (e.g., an "on-sale" license issued by the California Department of Alcoholic Beverage Control) and no license may issue to authorize tobacco retailing at any location offering food for sale for consumption by guests on the premises. For example, tobacco retailing in bars and restaurants is prohibited.

(§ 1, Ord. 06-531, eff. August 22, 2006)

Application for a tobacco retailer's license shall be submitted 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 4.10.111(d) 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:

(a) The name, address, and telephone number of each proprietor of the business that is seeking a license.

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

(c) 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 subsection (b) of this section.

(d) Proof that the location for which a tobacco retailer's license is sought has been issued a valid State tobacco retailer's license by the California Board of Equalization.

(e) Whether or not any proprietor has admitted violating, or has been found to have violated, this chapter or whose proprietorship has admitted violating, or has been found to have violated, this chapter, and, if so, the dates and locations of all such violations within the previous six years.

(f) Such other information as the department deems necessary for the administration or enforcement of this chapter.

(g) All information required to be submitted in order to apply for a tobacco retailer's license shall be updated with the department whenever the information changes. A tobacco retailer shall provide the department with any updates within ten (10) business days of a change.

(h) The information specified in subsections (b) and (c) of this section shall be available to the public for all currently licensed tobacco retailers. Upon request, the department shall provide a compilation of this information to any person within a reasonable time and subject to a fee approximating the actual cost of compiling and presenting the information.

(§ 1, Ord. 06-531, eff. August 22, 2006)

Upon the receipt of an application for a tobacco retailer's license and the license fee required by this chapter, the department shall issue a license unless substantial evidence demonstrates that one (1) or more of the following bases for denial exists:

(a) The information presented in the application is incomplete, inaccurate, or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter.

(b) The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the City with documentation demonstrating by clear and convincing evidence that the applicant has acquired or is acquiring the location or business in an arm's length transaction.

(c) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued.

(d) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter (e.g., mobile vending), that is unlawful pursuant to this Code, or that is unlawful pursuant to any other law.

(§ 1, Ord. 06-531, eff. August 22, 2006)

(a) Renewal of license. A tobacco retailer license is invalid unless the appropriate fee has been paid in full and the term of the license has not expired. The term of a tobacco retailer license is one (1) year. Each tobacco retailer shall apply for the renewal of his or her tobacco retailer's license and submit the license fee no later than thirty (30) days prior to expiration of the term.

(b) Expiration of license. A tobacco retailer's license that is not timely renewed shall expire at the end of its term. To reinstate a license that has expired, or to renew a license not timely renewed pursuant to subsection (a) of this section, the proprietor must:

(1) Submit the license fee plus a reinstatement fee of ten (10%) percent of the license fee.

(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 appropriate ineligibility period established for Tobacco Retailing without a license, as set forth in Section 4-10.112(a) of this chapter, before seeking renewal of the license.

(§ 1, Ord. 06-531, eff. August 22, 2006)

(a) A tobacco retailer's license may not be transferred from one (1) person to another or from one (1) location to another. Whenever a tobacco retailing location has a change in proprietors a new tobacco retailer's license is required.

(b) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless:

(1) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and

(2) The new proprietor(s) provide the City with clear and convincing evidence that the new proprietor(s) have acquired or is acquiring the location in an arm's length transaction.

(§ 1, Ord. 06-531, eff. August 22, 2006)

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 so as to recover the total cost of both license administration and license enforcement, including, for example, issuing the license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law.

(§ 1, Ord. 06-531, eff. August 22, 2006)

(a) Lawful business operation. 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 a licensee, or any of the licensee's agents or employees, to:

(1) Violate any local, State or Federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing;

(2) Violate any local, State or Federal law regulating exterior, storefront, window, or door signage.

(b) Display of license. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location.

(c) Positive identification required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of twenty-seven (27) 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 and possess the tobacco product or tobacco paraphernalia.

(d) Minimum age for persons selling tobacco. No person who is younger than the minimum age established by State law for the purchase or possession of tobacco products shall engage in tobacco retailing.

(e) Self-service displays prohibited. No tobacco retailer shall display tobacco products or tobacco paraphernalia by means of a self-service display or engage in tobacco retailing by means of a self-service display.

(f) Smoking prohibited. Smoking shall be prohibited inside the location of a tobacco retailer and in all outdoor areas that are within twenty (20) feet of any door, window, or other opening into the tobacco retailer except in such places in which smoking is already prohibited by State or Federal law, in which case the State or Federal law applies in lieu of this subsection. A tobacco retailer shall not permit smoking in violation of this subsection and shall post conspicuous "no smoking" signs at all entrances to the licensed location and in all outdoor portions of the licensed location in which smoking is prohibited.

(g) Sale of flavored electronic cigarette products prohibited. It shall be a violation of this section for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, any flavored electronic cigarette product after December 31, 2020.

(h) Sale of flavored tobacco products prohibited. It shall be a violation of this section for any tobacco retailer or any of the tobacco retailer's agents or employees to sell or offer for sale, any flavored tobacco products after December 31, 2020.

(i) It shall be a violation of this section for any tobacco retailer to possess with intent to sell or offer for sale, any flavored electronic cigarette product and/or flavored tobacco product. There shall be a rebuttable presumption that a tobacco retailer in possession of four (4) or more flavored electronic cigarette products and/or flavored tobacco products, including but not limited to individual flavored electronic cigarette products or flavored tobacco products, packages of flavored electronic cigarette products or flavored tobacco products, or any combination thereof, possesses such flavored electronic cigarette products and/or flavored tobacco products with intent to sell or offer for sale.

(Ord. 06-531, § 1, eff. August 22, 2006; Ord. No. 20-06, § 3, 8-12-2020)

(a) Compliance with this chapter shall be monitored by the City employees designated by the Director of Finance (the "Enforcement Employees"). Any peace officer may enforce the penal provisions of this chapter.

(b) The enforcement employees shall check the compliance of each tobacco retailer at least three (3) times per twelve (12) month period. The enforcement employees may check the compliance of tobacco retailers previously found to be in compliance a fewer number of times so that the enforcement employees may check the compliance of tobacco retailers previously found in violation of the licensing law a greater number of times. Nothing in this subsection shall create a right of action in any licensee or other person against the City or its agents.

(c) Compliance checks shall determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with tobacco laws regulating youth access to tobacco. When appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing.

(d) The City shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "Youth Decoy") if the potential violation occurs when:

(1) The Youth Decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the City; or

(2) The Youth Decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the County Health Department or the California Department of Health Services.

(§ 1, Ord. 06-531, eff. August 22, 2006)

(a) Revocation of license for violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if the department finds or any court of competent jurisdiction determines, 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, in a different legal proceeding, has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in Section 4-10.109(a) of this chapter.

(b) New license after revocation.

(1) After revocation for a first violation of this chapter at a location within any sixty (60) month period, no new license may issue for the location until ten (10) days have passed from the date of revocation.

(2) After revocation for a second violation of this chapter at a location within any sixty (60) month period, no new license may issue for the location until thirty (30) days have passed from the date of revocation.

(3) After revocation for a third violation of this chapter at a location within any sixty (60) month period, no new license may issue for the location until ninety (90) days have passed from the date of revocation.

(4) After revocation for four (4) or more violations of this chapter at a location within any sixty (60) month period, no new license may issue for the location until five (5) years have passed from the date of revocation.

(c) Appeal of revocation. A decision of the department to revoke a license is appealable to Chief Administrative Officer and must be filed within ten (10) days of mailing of the department's decision. If such an appeal is made, it shall stay enforcement of the appealed action. An appeal to Chief Administrative Officer is not available for a revocation made pursuant to subsection (d) of this section.

(d) Revocation of license issued in error. A tobacco retailer's license shall be revoked if the department finds, after the licensee is afforded reasonable notice and an opportunity to be heard, that one (1) or more of the bases for denial of a license under Section 4-10.105 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. The revocation shall be without prejudice to the filing of a new license application.

(§ 1, Ord. 06-531, eff. August 22, 2006)

(a) In addition to any other penalty authorized by law, if the department finds or any court of competent jurisdiction determines, 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 be issued a tobacco retailing license for that location as follows:

(1) After a first violation of this chapter at a location within any sixty (60) month period, no new license may issue for the person at the location until thirty (30) days have passed from the date of the violation.

(2) After a second violation of this chapter at a location within any sixty (60) month period, no new license may issue for the person at the location until ninety (90) days have passed from the date of the violation.

(3) After of a third or subsequent violation of this chapter at a location within any sixty (60) month period, no new license may issue for the person at the location until five (5) years have passed from the date of the violation.

(b) Tobacco products and tobacco paraphernalia offered for sale or exchange in violation of this chapter are subject to seizure by the department or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco products and tobacco paraphernalia seized is given reasonable notice and an opportunity to demonstrate that the tobacco products and tobacco paraphernalia were not offered for sale or exchange in violation of this chapter. The decision by the department may be appealed pursuant to the procedures set forth in Section 4-10.111(c) forfeited tobacco products and tobacco paraphernalia shall be destroyed.

(c) For the purposes of the civil remedies provided in this chapter:

(1) Each day on which a tobacco product or tobacco paraphernalia is offered for sale in violation of this chapter; or

(2) 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; whichever is greater, shall constitute a separate violation of this chapter.

(§ 1, Ord. 06-531, eff. August 22, 2006)

For a second alleged violation of this chapter within any sixty (60) month period, the City Attorney may engage in settlement negotiations and may enter into a settlement agreement with a tobacco retailer alleged to have violated this chapter without approval from the City Council. Notice of any settlement shall be provided to the department and no hearing shall be held. Settlements shall not be confidential and shall contain the following minimum terms:

(a) After a first alleged violation of this chapter at a location within any sixty (60) month period:

(1) An agreement to stop acting as a tobacco retailer for at least one (1) day;

(2) A settlement payment to the City of at least One Thousand and No/100ths ($1,000.00) Dollars; and

(3) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

(b) After a second alleged violation of this chapter at a location within any sixty (60) month period:

(1) An agreement to stop acting as a tobacco retailer for at least ten (10) days;

(2) A settlement payment to the City of at least Five Thousand and No/100ths ($5,000.00) Dollars; and

(3) An admission that the violation occurred and a stipulation that the violation will be counted when considering what penalty will be assessed for any future violations.

(§ 1, Ord. 06-531, eff. August 22, 2006)

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

(b) 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 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.

(c) Violations of this chapter are subject to a civil action brought by the City Prosecutor, punishable by a civil fine not less than Two Hundred Fifty and No/100ths ($250.00) Dollars and not exceeding One Thousand and No/100ths ($1,000.00) Dollars per violation.

(d) Violations of this chapter may, in the discretion of the City Prosecutor, be prosecuted as infractions or misdemeanors.

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

(f) Violations of this chapter are declared to be public nuisances.

(g) 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 City Attorney, including, for example, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

(§ 1, Ord. 06-531, eff. August 22, 2006)