§ 24-12.7. Enforcement.

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

a.

Enforcement of this section shall be the responsibility of the Alameda Police Department, although any peace officer, or fire or code enforcement officer, may also enforce this section.

b.

While a premises is undergoing otherwise mandatory inspections, fire and code enforcement officers shall inspect for compliance with this section.

c.

Notice of this section will be provided to all applicants for a business license or renewal thereof; provided, however, lack of such notice shall be no defense to a violation of this section.

d.

It shall be unlawful for any person to smoke in any area where smoking is prohibited under this section.

e.

It is unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this section to refuse to comply with any of its provisions, or to permit any employee or patron to violate this section.

f.

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

g.

Any person who violates any provision of this section shall be deemed guilty of an infraction, punishable by:

1.

A fine not exceeding one hundred ($100.00) dollars for the first violation.

2.

A fine not exceeding two hundred ($200.00) dollars for a second violation within one year.

3.

A fine not exceeding five hundred ($500.00) dollars for each additional violation of this section within one (1) year.

h.

Violations of this section are subject to a civil action brought by the City Attorney, punishable by a civil fine not less than two hundred fifty ($250.00) dollars and not exceeding one thousand ($1,000.00) dollars per violation.

(Ord. No. 3038 N.S., § 1, 11-1-2011)