a. Unless specifically prescribed in this section, any person, firm or corporation violating any of the provisions of this section is guilty of a misdemeanor or infraction as set forth in Section 1-5.
b. As an alternative to criminal enforcement, each of the City and its authorized franchisee or contractor shall have the independent authority to civilly enforce any provisions of this section, including the authority to seek injunctive or declaratory relief. The Manager may invoke these remedies, or any of them, whenever he or she deems it appropriate. The violation of any of the provisions of this section shall constitute a public nuisance and may be abated by the City through civil or administrative process by means of restraining order, preliminary or permanent injunction or in any other manner provided by law for the abatement of such nuisances. If the City or contractor elects, at the initiation of an individual action or proceeding, to seek recovery of its own attorneys’ fees, the prevailing party shall be entitled to recover all costs incurred therein, including reasonable attorneys’ fees and costs of suit. In no action or proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorneys’ fees incurred by the City or contractor in the action or proceeding. (Ord. #2011-153; Ord. #2012-153)