Sebastopol Municipal Code Ch. 8.04 Use of Tobacco in Public Places – Smoking Control

This chapter shall be known as the “Comprehensive Smoking Control Ordinance of the City of Sebastopol.”

A. Findings. The City Council of the City of Sebastopol does hereby find that:

1. Tobacco use causes death and disease and continues to be an urgent public health challenge, as evidenced by the following:

a. Tobacco-related illness is the leading cause of preventable death in the United States, accounting for about 443,000 deaths each year; and

b. Scientific studies have concluded that tobacco use can cause chronic lung disease, coronary heart disease, and stroke, in addition to cancer of the lungs, larynx, esophagus, and mouth; and

c. Some of the most common types of cancers including stomach, liver, uterine cervix, and kidney are related to tobacco use; and

2. Secondhand smoke has been repeatedly identified as a health hazard, as evidenced by the following:

a. The U.S. Surgeon General concluded that there is no risk-free level of exposure to secondhand smoke; and

b. The California Air Resources Board placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure; and

c. The California Environmental Protection Agency included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects, and other reproductive harm; and

3. Exposure to secondhand smoke causes death and disease, as evidenced by the following:

a. Secondhand smoke is responsible for as many as 73,000 deaths among nonsmokers each year in the United States; and

b. Exposure to secondhand smoke increases the risk of coronary heart disease by approximately 30 percent; and

c. Secondhand smoke exposure causes lower respiratory tract infections, such as pneumonia and bronchitis, in as many as 300,000 children in the United States under the age of 18 months each year and exacerbates childhood asthma; and

4. The U.S. Food and Drug Administration conducted laboratory analysis of electronic cigarette samples and found they contained carcinogens and toxic chemicals to which users and bystanders could potentially be exposed; and

5. Tobacco use and exposure to secondhand smoke impose great social and economic costs, as evidenced by the following:

a. The total annual economic burden of smoking in the United States is $193 billion; and

b. From 2001 to 2004, the average annual health care expenditures attributable to smoking were approximately $96 billion; and

c. The medical and other costs to nonsmokers due to exposure to secondhand smoke were estimated at over $10 billion per year in the United States in 2005; and

d. The total annual cost of smoking in California was estimated at $475.00 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone; and

e. California’s Tobacco Control Program saved the State and its residents $86 billion in health care expenditures between the year of its inception, 1989, and 2004, with savings growing yearly; and

6. Exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke does occur at significant levels outdoors, as evidenced by the following:

a. Levels of secondhand smoke exposure outdoors can reach levels attained indoors depending on direction and amount of wind and number and proximity of smokers; and

b. Irritation from secondhand smoke begins at levels as low as four micrograms per cubic meter, and in some outdoor situations this level can be found as far away as 13 feet from the burning cigarette; and

c. To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move nearly 25 feet away from the source of the smoke, about the width of a two-lane road; and

7. Smoking is the primary cause of fire-related injuries and deaths in the home, as evidenced by the following:

a. Cigarettes, cigars, pipes and other smoking materials are the leading cause of fire deaths in the United States, causing an estimated 142,900 smoking-related fires, 780 deaths, 1,600 injuries, and $606 million in direct property damage in 2006; and

b. One in four fatalities from home fires caused by smoking is not the smoker whose cigarette started the fire, and 25 percent of those deaths were of neighbors or friends of the smoker; and

c. Smoking in a residence where long-term oxygen therapy takes place is very dangerous as oxygen is a fire accelerant, and 27 percent of fatalities due to smoking during long-term oxygen therapy occurred in multifamily dwellings; and

d. The United States Fire Administration recommends that people smoke outdoors; and

8. Nonsmokers who live in multi-unit dwellings can be exposed to neighbors’ secondhand smoke, as evidenced by the following:

a. Secondhand smoke can seep under doorways and through wall cracks; and

b. Persons living in apartments near smokers can be exposed to elevated pollution levels for 24 hours a day, and at times, the particulate matter exposure can exceed the U.S. Environmental Protection Agency’s 24-hour health-based standard; and

c. The Surgeon General has concluded that eliminating smoking in indoor spaces is the only way to fully protect nonsmokers from secondhand smoke exposure and that separating smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent secondhand smoke exposure; and

9. Most Californians do not smoke and a majority favor limitations on smoking in multi-unit residences, as evidenced by the following:

a. Sixty-nine percent of Californians surveyed favor limiting smoking in outdoor common areas of apartment buildings and 78 percent support laws that create nonsmoking units; and

b. Sixty-two percent of California renters feel that there is a need for laws to limit smoking in apartments; and

10. A local ordinance that authorizes residential rental agreements to include a prohibition on smoking of tobacco products within rental units is not prohibited by California law; and

11. Creating smoke-free areas helps protect the health of the 86.7 percent of Californians who are nonsmokers; and

12. State law prohibits smoking within 25 feet of playgrounds and tot lots and expressly authorizes local communities to enact additional restrictions, and State law prohibits smoking within 20 feet of entryways and operable windows of government buildings; and

13. Cigarette butts are a major and persistent source of litter, as evidenced by the following:

a. It is estimated that over two billion cigarette butts are discarded every day worldwide, and that Americans alone discard more than 175 million pounds of cigarette butts every year; and

b. Cigarette butts are often cast onto sidewalks and streets, and frequently end up in storm drains that flow into streams, rivers, bays, lagoons and ultimately the ocean; and

c. Cigarette filters, made of plastic cellulose acetate, take approximately 15 years to decompose; and

14. There is no Constitutional right to smoke.

B. Purpose. It is the intent of the City Council to provide for the public health, safety and welfare by discouraging the inherently dangerous behavior of smoking near nonsmokers; by protecting the public from exposure to secondhand smoke where they live work, and play; by reducing the potential for children to wrongly associate smoking with a healthy lifestyle; by protecting the public from smoking and tobacco-related litter and pollution; and by affirming and promoting the healthy atmosphere of the City’s public spaces.

The following words and phrases, whenever used in this chapter, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning:

“Business” means any sole proprietorship, partnership, joint venture, corporation, association or other entity formed for profit-making purposes.

“City” means the City of Sebastopol, State of California.

“Dining area” means any area, including streets and sidewalks, which is available to or customarily used by the general public or an employee, and which is designed, established, or regularly used for consuming food or drink.

“Employee” means any person who is employed or retained as an independent contractor by any employer in consideration for direct or indirect monetary wages or profit, or any person who volunteers his or her services for an employer.

“Employer” means any person, business or nonprofit entity, including a municipal corporation that retains the service of one or more employees.

“Enclosed area” means:

1. Any covered or partially covered area having more than 50 percent of its perimeter walled or otherwise closed to the outside such as, for example, a covered porch with more than two walls; or

2. Any space open to the sky (hereinafter “uncovered”) having more than 75 percent of its perimeter walled or otherwise closed to the outside such as, for example, a courtyard;

3. Except that an uncovered space of 3,000 square feet or more is not an enclosed area, such as, for example, a field in an open air arena.

“Multi-unit residence” means a building or portion thereof that contains two or more units, except the following specifically excluded types of housing:

1. A hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2);

2. A dormitory building;

3. A single-family home; and

4. A single-family home with an attached in-law or second unit when permitted pursuant to California Government Code Sections 65852.1, 65852.150 and 65852.2 or an ordinance of the City adopted pursuant to those sections.

“Multi-unit residence common area” means any area of a multi-unit residence that residents of more than one unit of that multi-unit residence are entitled to enter or use, including but not limited to halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, laundry facilities, picnic areas and other shared eating areas, playgrounds, swimming pools, gym facilities, parking garages, parking lots, and shared restrooms and shared cooking areas.

“Nonprofit entity” means any entity that meets the requirements of California Corporations Code Section 5003 as well as any corporation, unincorporated association or other entity created for charitable, religious, philanthropic, educational, character-building, political, social or other similar purposes, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the entity and not to private gain. A government agency is not a “nonprofit entity” within the meaning of this section.

“Person” means any natural individual, business, partnership, cooperative association, nonprofit entity, corporation, personal representative, receiver, trustee, assignee, or any other legal entity including government agencies.

“Place of employment” means any area under the legal or de facto control of an employer, business or nonprofit entity that an employee or the general public may have cause to enter in the normal course of operations, regardless of the hours of operation, including but not limited to construction sites, vehicles used in employment or for work purposes, taxis, employee lounges, conference and banquet rooms, bingo and gaming facilities, long-term health care facilities, and warehouses.

“Public place” means any area, publicly or privately owned, which is open to the general public regardless of any fee or age requirement, including but not limited to streets, sidewalks, plazas, and courtyards; bars, restaurants, and clubs; and taxis and buses.

“Reasonable distance” means a distance of 20 feet in any direction from an area in which smoking is prohibited.

“Recreational area” means any area, publicly or privately owned, which is open to the public for recreational purposes regardless of any fee or age requirement, including but not limited to parks, picnic areas, playgrounds, sports fields, golf courses, walking paths, gardens, hiking trails, bike paths, swimming pools, sporting facilities, stadiums, roller and ice skating rinks, skateboard parks, and amusement parks.

“Service line” means any publicly or privately owned area, including streets and sidewalks, that is designed to be used or is regularly used by one or more persons to receive a service, wait to receive a service, or make a transaction, whether or not such service or transaction involves the exchange of money. The term “service line” includes but is not limited to information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or shelters, mobile vendor lines or cab stands.

“Smoke” means the gases, particles, or vapors released into the air as a result of combustion, electrical ignition, or vaporization, when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the resulting byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense or the inhalation is of medical cannabis by a qualified medical cannabis patient as defined in California Health and Safety Code Section 11362.5 et seq., as amended. The term “smoke” includes, but is not limited to, tobacco smoke and electronic tobacco based cigarette vapors.

“Smoking” means engaging in an act that generates smoke, such as possessing a lighted pipe, a lighted hookah pipe, an operating electronic cigarette, a lighted cigar, or a lighted cigarette of any kind, or lighting or igniting a pipe, hookah pipe, cigar, or cigarette of any kind, except that the use of medical cannabis by a qualified medical cannabis patient as defined in California Health and Safety Code Section 11362.5 et seq., as amended, shall not be considered “smoking” for the purposes of this section.

“Tobacco paraphernalia” means cigarette papers or wrappers, pipes, holders of smoking materials of all types, and any other item designed for the smoking, preparing, storing, or consuming of tobacco products.

“Tobacco product” means any substance containing tobacco leaf, including, but not limited to, cigarettes, cigars, pipe tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco. “Tobacco product” also means any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or matter will be introduced into the human body, but does not include any cessation product specifically approved by the United States Food and Drug Administration for use in treating nicotine or tobacco dependence.

“Unenclosed area” means any area which is not an enclosed area.

“Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive use enclosed area or unenclosed area, such as a private balcony, porch, deck, or patio. “Unit” includes but is not limited to an apartment; a condominium; a room in a long-term health care facility, assisted living facility, or hospital; a hotel or motel room; a room in a single room occupancy (SRO) facility; a room in a homeless shelter; a single-family home; and an in-law or second unit.

For all purposes within the City, nonconsensual exposure to smoke is a nuisance, and the uninvited presence of smoke on property is a nuisance and a trespass.

A. Enclosed Areas Where Smoking Is Prohibited. Smoking shall be prohibited in the following enclosed areas within the City except in places listed in SMC 8.04.070, and except in such places in which smoking is already prohibited by State or Federal law in which case the State or Federal law applies:

1. Multi-unit residence common areas;

2. Places of employment;

3. Public places;

4. Recreational areas; and

5. Units of multi-unit residences, including the exclusive-use areas of the units such as private balconies, porches, decks, or patios. A unit and its associated exclusive-use areas shall not be subject to the smoking restrictions of this chapter until 14 months after the effective date of the ordinance codified in this chapter.

B. Unenclosed Areas Where Smoking Is Prohibited. Smoking shall be prohibited in the following unenclosed areas within the City except in places listed in SMC 8.04.070, and except in such places in which smoking is already prohibited by State or Federal law in which case the State or Federal law applies:

1. Dining areas;

2. Exclusive-use areas associated with a unit of a multi-unit residence, such as, for example, a private balcony, porch, deck, or patio;

3. Multi-unit residence common areas; except that a person with legal control over a multi-unit residence common area, such as a landlord or homeowners’ association, may designate a portion of the multi-unit residence common area as a smoking area; provided, that at all times the designated smoking area complies with the following. A designated smoking area:

a. Must be an unenclosed area;

b. Must be located a reasonable distance from any enclosed area where smoking is prohibited;

c. Must not include and must be a reasonable distance from unenclosed areas primarily used by children including, but not limited to, areas improved or designated for playing or swimming;

d. Must be no more than 25 percent of the total unenclosed area of the premises for which it is designated;

e. Must have a clearly marked perimeter;

f. Must be identified by conspicuous signs;

g. Must not overlap with any area in which smoking is otherwise prohibited by this chapter or other provisions of this code, State law, or Federal law; and

h. Must be accessible and conform with all pertinent requirements of the Americans with Disabilities Act or its successor;

4. Places of employment;

5. Other public places, when being used for a public event, including a farmers’ market, parade, craft fair, festival, or any other event which may be attended by the general public; provided, that smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law;

6. Recreational areas; and

7. Service lines.

C. Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.

All vehicles owned, leased or operated under the authority of the City of Sebastopol and all enclosed facilities owned, leased, or operated by the City of Sebastopol or otherwise under the control of the City Council shall be subject to the provisions of this chapter.

Notwithstanding SMC 8.04.050, smoking is permitted in the following locations within the City:

A. Private single-family homes, other than those used as a child care, adult care, or health care facility subject to licensing requirements.

B. Up to 20 percent of guest rooms in any hotel or motel, if the hotel or motel permanently designates at least 80 percent or more of its guest rooms as nonsmoking rooms, posts “No Smoking” signs in nonsmoking rooms, and permanently removes ashtrays and matches from nonsmoking rooms. Smoking-allowed rooms shall be segregated from nonsmoking rooms and located on separate floors, wings, or portions of the building; smoking and nonsmoking rooms shall not be interspersed. Nothing in this chapter shall require a hotel or motel to allow smoking, and smoking may be prohibited on the entire property.

C. By performers during theatrical productions, if smoking is an integral part of the story in the theatrical production.

A. Smoking in all unenclosed areas shall be prohibited within a reasonable distance from any doorway, window, opening, crack, or vent into an enclosed area in which smoking is prohibited, except while actively passing on the way to another destination and provided smoke does not enter any enclosed area in which smoking is prohibited.

B. Smoking in unenclosed areas shall be prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under SMC 8.04.050(B), except while actively passing on the way to another destination and provided smoke does not enter any unenclosed area in which smoking is prohibited.

A. Every lease or other rental agreement for the occupancy of a unit in a multi-unit residence entered into, renewed, or continued month-to-month after September 2, 2010, shall include the provisions set forth in subsection B of this section on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.

B. Every lease or other rental agreement for the occupancy of a unit in a multi-unit residence entered into, renewed, or continued month-to-month after September 2, 2010, shall be amended to include the following provisions:

1. A clause stating that as of November 2, 2011, it is a material breach of the agreement to allow or engage in smoking in the unit. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in the unit as of November 2, 2011.”

2. A clause stating that it is a material breach of the agreement for the tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any multi-unit residence common area of the property other than a designated smoking area. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to engage in smoking in any common area of the property, except in an outdoor designated smoking area, if one exists.”

3. A clause stating that it is a material breach of the agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property. Such a clause might state, “It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property.”

4. A clause expressly conveying third-party beneficiary status to all occupants of the multi-unit residence as to the smoking provisions of the agreement. Such a clause might state, “Other occupants of the property are express third-party beneficiaries of those provisions in this agreement that concern smoking. As such, other occupants of the property may seek to enforce such provisions by any lawful means, including by bringing a civil action in a court of law.”

C. The clauses required by subsections A and B of this section shall be implied and incorporated by law into every agreement for the occupancy of a unit in a multi-unit residence to which subsections A and B of this section apply and shall become effective as of the earliest possible date on which they could have been included pursuant to subsections A and B of this section.

D. A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit in a multi-unit residence, or who knowingly permits any other person subject to the control of the tenant or present by invitation or permission of the tenant shall be liable for the breach to:

1. Person with legal control over the unit in the multi-unit residence, such as a landlord; and

2. Any occupant of the multi-unit residence who is exposed to smoke or who suffers damages as a result of that breach.

E. This chapter shall not create additional liability in a person with legal control over the unit in the multi-unit residence, such as a landlord, to any person for a tenant’s breach of any smoking provision in a lease or other rental agreement for the occupancy of a unit in a multi-unit residence if the person with legal control over the unit in the multi-unit residence, such as a landlord, has fully complied with subsections A and B of this section.

F. Failure to enforce any smoking provisions of a lease or rental agreement on one or more occasions shall not constitute a waiver of the lease or rental agreement provisions required by this chapter and shall not prevent future enforcement of any such smoking provisions on another occasion.

A. Smoking in a multi-unit residence common area, on or after September 2, 2010, other than in a designated smoking area established pursuant to SMC 8.04.050(B)(3), is a violation of this chapter.

B. Smoking in a unit in a multi-unit residence, on or after November 2, 2011, is a violation of this chapter.

C. No person, employer, business, or nonprofit entity shall knowingly permit smoking in an area which is under the legal or de facto control of the person, employer or nonprofit entity and in which smoking is prohibited by this chapter or other law.

D. Any person, employer, business, or nonprofit entity with the legal or de facto control of an area in which smoking is prohibited by this chapter shall inform any apparent violator, whether a person or employee, about any smoking restrictions applicable to that area.

E. No person, employer, business, or nonprofit entity shall knowingly or intentionally allow the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the person, employer or nonprofit entity and in which smoking is prohibited by this chapter or other law, including, without limitation, within a reasonable distance required by this chapter from any area in which smoking is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provision of this chapter.

F. No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking is prohibited, including inside the perimeter of any reasonable distance required by this chapter.

G. “No Smoking” or “Smoke Free” signs, with letters of no less than one inch in height, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), or any alternative signage approved by the City Manager of the City, shall be conspicuously posted and maintained by the person, employer, business, or nonprofit entity who or which has legal or de facto control of a place in which smoking is prohibited by this chapter and placed at each point of ingress to the area, and in at least one other conspicuous point within the area. The City Manager shall post signs at each entrance to an area in which smoking is prohibited by this chapter and which is owned or controlled by the City. Signage required by this subsection shall not be subject to Chapter 17.120 SMC, Sign Regulations. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter.

H. No person, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

I. Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation.

J. Any citizen who desires to register a complaint under this chapter may initiate the complaint with the Police Department or the City Manager.

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

B. Each incident of smoking in violation of this chapter shall be deemed an infraction subject to a $100.00 fine. Other violations of this chapter may, in the discretion of the City Attorney, be prosecuted as infractions or misdemeanors when the interests of justice so require. Enforcement of this chapter shall be the responsibility of Police Department. In addition, the City Attorney, any peace officer or code enforcement official also may enforce this chapter.

C. Violations of this chapter are subject to a civil action brought by the City, punishable by a civil fine not less than $250.00 and not exceeding $1,000 per violation.

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

E. Any violation of this chapter is hereby declared to be a nuisance.

F. 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, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

A. Any person acting for the interests of himself, herself, or itself, or of its members, or of the general public (hereinafter “a private enforcer”) may bring a civil action to enforce this chapter with the remedies specified below, if both of the following requirements are met:

1. The action is commenced more than 60 days after the private enforcer has given written notice of an alleged violation of this chapter to the City Attorney and to the alleged violator.

2. No person acting on behalf of the City or the State has commenced or is prosecuting an action regarding the violation(s) which was or were the subject of the notice on the date the private action is filed.

B. A private enforcer shall provide a copy of his, her or its action to the City Attorney within seven days of filing it.

C. Upon settlement or judgment of an action brought pursuant to subsection F of this section, the private enforcer shall give the City Attorney notice of that settlement or judgment and of the final disposition of the case. No private enforcer may settle such an action unless the City Attorney or the court determines the settlement to be reasonable in light of the purposes of this chapter and any settlement in violation of this requirement may be set aside upon motion to a court of competent jurisdiction by the City Attorney.

D. Upon proof of a violation of this chapter, the court shall award the following:

1. Damages in the amount of either:

a. Upon proof, actual damages; or

b. With insufficient or no proof of damages, $250.00 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 earlier adjudication.

2. Restitution to the appropriate party or parties of the gains obtained by way of 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 and safety.

4. Attorney’s fees and costs reasonably incurred.

E. Upon proof of at least one violation of this chapter, a private enforcer, the City Attorney, any peace officer or code enforcement official may obtain an injunction against further violations of this chapter or as, to small claims court actions, a judgment payable on condition that a further violation of this chapter occur within a time specified by the court.

F. Notwithstanding any legal or equitable bar, a private enforcer may bring an action to enforce this chapter solely on behalf of the general public. When a private enforcer does so, nothing about such an action shall act to preclude or bar the private enforcer from bringing a subsequent action on his, her or its own behalf based upon the same facts.

G. Nothing in this chapter shall prohibit a private enforcer from bringing a civil action in small claims court to enforce this chapter, so long as the amount in demand and the relief sought are within the jurisdiction of small claims court.

The City Council intends this chapter to supplement, not to duplicate or contradict, applicable State and Federal law and this chapter shall be construed in light of that intent.

The ordinance codified in this chapter shall take effect 30 days after its adoption pursuant to California Government Code.

The City Clerk shall certify to the passage and adoption of the ordinance codified in this chapter and shall cause the same to be published or posted according to law.