Private enforcement.
Riverside Municipal Code § 6.27.070
in effect6.27.070 - Private enforcement.
A. Any person, including a legal entity, organization, or a government agency, acting for the interests of itself, its members, or the general public, may bring a civil action against any person violating the provisions of this chapter. Upon proof of a violation, a court shall award the following:
1. Damages in the amount of either:
a. Upon proof, actual damages; or
b. With insufficient or no proof of actual damages, $500.00 for each violation of this chapter (hereinafter "statutory damages"). Each day of a continuing violation shall constitute a separate violation. Notwithstanding any other provision of this chapter, no person suing on behalf of the general public shall recover statutory damages based upon a violation of this chapter if a previous claim brough on behalf of the general public by another person for statutory damages and based upon the same violation has been adjudicated, whether or not the person bringing the subsequent claim was a party to the prior adjudication.
2. Exemplary damages, where it is proven by clear and convincing evidence that the defendant (i.e. Person violating this chapter) is guilty of oppression, fraud, malice, retaliation, or conscious disregard for the public health.
B. The person may also bring a civil action to enforce this chapter by way of a conditional judgment or an injunction. Upon proof of a violation, the court shall issue a conditional judgment or an injunction.
C. Notwithstanding any legal or equitable bar against a person seeking relief on its own behalf, a person may bring an action to enforce this chapter solely on behalf of the general public. When a person brings an action solely on behalf of the general public, nothing about such an action shall act to preclude or bar the person from bringing a subsequent action based upon the same facts but seeking relief on his, her or its own behalf.
D. Nothing in this chapter shall prohibit a person from bringing a civil action in small claims court to enforce this chapter, so long as the amount in demand and the type of relief sought are within the jurisdiction of that court.
E. No person may bring an action pursuant to this section unless that person has first made a good faith attempt to resolve the situation informally with the offending person, including written notice of this section to the offending party and a written request to cease smoking in the multi-unit residence at least 30 days before filing suit.
(Ord. 7589 § 1(Exh. A), 2022)
Source: City of Riverside, California, Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/ca/riverside/codes/code_of_ordinances?nodeId=PTIICOOR_TIT6HESA_CH6.27SMREMUITRE_6.27.070PRENFetched: 11/1/2026