San Leandro Municipal Code Art. 5 Enforcement and Penalties

(Legislative History: Ordinance No. 88-022, 9/6/88; Ordinance No. 2009-011, 12/7/09 (Sections 4-12-500—4-12-510))

(a) Violations of this Chapter may, in the discretion of the District Attorney, be prosecuted as infractions or misdemeanors.

(b) Violations of this Chapter are subject to a civil action brought by the City Attorney, punishable by a civil fine not to exceed One hundred dollars for the first violation; Two hundred dollars for the second violation within one year; and Five hundred dollars for each additional violation of this Article within one year. Each day such violation continues shall constitute a separate offense.

(c) Any person who smokes in an area where smoking is prohibited is guilty of trespass and, if the area is accessible by the public or any employee during the normal course of operations, such smoking constitutes a public nuisance.

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

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

(f) Enforcement of this Chapter shall be the responsibility of the San Leandro Police Department.

(a) Any person 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. Upon proof of a violation, a court shall award the following:

(1) Damages in the amount of either:

(i) Upon proof, actual damages; or

(ii) With insufficient or no proof of damages, Two hundred fifty dollars 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.

(2) Restitution of the gains obtained in violation of this Chapter.

(3) 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.

(b) The private enforcer may also bring a civil action to enforce this Chapter by way of a conditional judgment or an injunction. Upon proof of a violation, a court shall issue a conditional judgment or an injunction.

(c) Notwithstanding any legal or equitable bar against a private enforcer seeking relief on 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 its own behalf.

(d) Nothing in this Chapter shall prohibit the private enforcer from bringing a civil 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.

Secondhand smoke constitutes a nuisance. Notwithstanding any other provisions of this chapter, a private citizen may bring a legal action to abate secondhand smoke as a nuisance.