(a)
The County of Tulare may enforce the provisions of this chapter through a civil action for civil penalties in the amounts established herein, and any other civil remedy, including prohibitory and mandatory injunctive relief, filed in the Superior Court for the County of Tulare to compel and enforce the provisions herein against any retailer within the County of Tulare who sells sharps in violation of this chapter. In addition to any relief available to enforce this chapter, the County of Tulare shall also be entitled to recover its reasonable attorneys' fees and costs incurred in enforcing this chapter.
(b)
For any violation of this chapter, the County of Tulare may sue to recover civil penalties in the amount of $1,000.00 per day for every day on which a violation exists. For purposes of calculating the civil penalties to be established hereunder, each day on which the retailer fails to comply with the requirements of this chapter, after having received a written notice of violation issued by the County of Tulare, shall constitute a separate offense.
(c)
In addition to the civil relief set forth above, any violation of this Sharps Ordinance shall also constitute a criminal offense punishable under the laws of the State of California. The District Attorney, the County Counsel, or any City Attorney shall be authorized to enforce the provisions of this chapter within their respective jurisdictions and shall have the authority to determine whether to prosecute the matter as a misdemeanor, or to elect for good cause to reduce the charge to an infraction. In the event of such criminal enforcement, the following criminal penalties apply to violations of this chapter:
(1)
Penalty for Misdemeanor. Any retailer found to be in violation of any provision of this chapter, or who fails to comply with any of its requirements, shall upon conviction thereof be punished by imprisonment in the county jail for not more than six months, or be fined not more than one thousand dollars ($1,000.00), or by both. Each day such violation continues shall be considered a separate offense.
(2)
Penalty for an Infraction. Any retailer found to be in violation of any provision of this chapter, or who fails to comply with any of its requirements, shall upon conviction thereof be punished by a fine of not more than two hundred fifty dollars ($250.00). Each day such violation continues shall be considered a separate offense.
(d)
To the extent that County of Tulare has adopted a code enforcement ordinance applicable to its jurisdiction, this chapter shall be enforceable under said ordinance as land-use- or code-enforcement violations consistent with said ordinance.
(Added by Ord. No. 3460, effective 7-3-14)