§ 4304. ENFORCEMENT.

(a) Criminal Enforcement. Any person who violates Section 4303 of this Article 43 shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by incarceration in the County Jail, fine, or both. Upon a first conviction for violation of Section 4303, the person shall be incarcerated in the County Jail for up to three months, or fined up to $500, or both. Upon a subsequent conviction for violation of Section 4303, the person shall be incarcerated in the County Jail for up to six months, or fined up to $1000, or both.

(b) Civil Enforcement. An aggrieved person may enforce the provisions of this Article 43 by means of a civil action. An aggrieved person includes any reproductive health care facility that is the site of a violation of this Article. Any person who violates any of the provisions of this Article or who aids in the violation of this Article shall be liable to the aggrieved person for special and general damages, but in no case less than $1000 plus 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 4303 after a verbal warning. A dispersal order issued pursuant to this subsection (c) shall include the following statements: (1) the gathering has substantially impeded access to or departure from the reproductive health care facility; (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 25 feet of an entrance or a driveway to the reproductive health care facility; and (3) the order shall remain in place for eight hours or until the close of business of the reproductive health facility, whichever is earlier. This subsection (c) shall apply during the business hours of a reproductive health care facility and up to one hour before the posted business hours.

(d) Other Enforcement. Nothing in this Article 43 shall preclude any person from seeking any other remedies, penalties or procedures provided by law.

(Added by Ord. 226-93, App. 7/16/93; amended by Ord. , File No. 130262, App. 5/21/2013, Eff. 6/20/2013; Ord. , File No. 141002, App. 11/14/2014, Eff. 12/14/2014; Ord. , File No. 180617, App. 10/5/2018, Eff. 11/5/2018)