A. Criminal Prosecution. Every instance of smoking in violation of this chapter is an infraction subject to a one hundred dollar ($100.00) fine or otherwise punishable pursuant to Larkspur Municipal Code 1.01.110. Other violations of this chapter may, in the discretion of the City Manager, be prosecuted as infractions or misdemeanors when the interests of justice so require. The City Manager is authorized to enforce this chapter, but may also work with the County of Marin or the Police Department to coordinate enforcement by those entities. In addition, any peace officer or code enforcement official may also enforce this chapter.
B. Civil Enforcement by the City.
1. Fines. Violations of this chapter are subject to a civil action brought by the City, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation.
2. Injunctions, Nuisance Abatement, and Code Enforcement. In addition to other remedies provided by this chapter or otherwise available at law or in equity, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
C. Civil Enforcement by Private Citizens. Any person, including a legal entity or organization, acting for the interests of itself, its members, or the general public may bring a civil action for injunctive relief to prevent future such violations or sue to recover such actual or statutory damages as he or she may prove.
D. General Provisions.
1. Cumulative Remedies. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity.
2. Violations. Causing, permitting, aiding, or abetting a violation of any provision of this chapter shall also constitute a violation of this chapter.
3. Nuisances. Any violation of this chapter is hereby declared to be a public nuisance.
4. City Discretion. Except as otherwise provided, enforcement of this chapter is at the sole discretion of the City. Nothing in this chapter shall create a right of action in any person against the City or its agents to compel public enforcement of this chapter against private parties. (Ord. 1030 § 2(5), 2018; Ord. 978 § 1, 2011)