10.90.040 Enforcement

(a) Criminal Enforcement. Any person who violates Section 10.90.030(A) shall be deemed guilty of a misdemeanor. Upon a first conviction for violation of Section 10.90.030(A), the person shall be incarcerated for up to ninety days, or fined up to $500, or both. Upon a subsequent conviction for violation of Section 10.90.030(A), the person shall be incarcerated for up to one-hundred-eighty days, or fined up to $1000, or both.

(b) Civil Enforcement. An aggrieved person may enforce the provisions of this chapter by means of a civil action in the Courts of the State of California. An aggrieved person includes any reproductive health care facility that is the site of a violation of this Chapter. Any person who violates any of the provisions of this Chapter shall be liable to the aggrieved person for special and general damages, but in no case less than $1000, attorneys' fees and the costs of the action. In addition, punitive damages may be awarded in a proper case.

(c) Dispersal Order. A law enforcement official may order the immediate dispersal of a gathering that continues to violate Section 10.90.030(A) after a verbal warning. A verbal dispersal order issued pursuant to this subsection (C) shall include the following statements: (1) the gathering has substantially violated Section 10.90.030(A) by harassing, intimidating or obstructing access to or departure from the reproductive health care facility; and (2) each member of the gathering shall, under the penalty of arrest and prosecution, immediately disperse and cease to stand or be located within at least 100 feet of an entrance to the reproductive health care facility. If the dispersal order is written and posted at the location of the reproductive health care facility, the order shall remain in effect until one hour after the close of business of the reproductive health care facility. This subsection (C) shall apply during, one hour before, and one hour after, the posted business hours of a reproductive health care facility.

(d) Nothing in this Chapter shall preclude any person from seeking any other remedies, penalties or procedures provided by law.