22942.5. (a) A person who violates or attempts to violate Section 22942 may be enjoined in any court of competent jurisdiction.
(b) (1) A person who has violated Section 22942 is liable for a civil penalty in the amount of fifty dollars ($50) for each foil balloon that was sold, offered for sale, manufactured for sale, or distributed in violation of Section 22942. This civil penalty shall not exceed two thousand five hundred dollars ($2,500) per day for a totality of violations of Section 22942, in addition to any other penalty established by law. This civil penalty may be assessed and recovered in a civil action brought in any court of competent jurisdiction.
(2) In assessing the amount of a civil penalty for a violation of this chapter, the court shall consider all of the following:
(A) The nature and extent of the violation.
(B) The number and severity of the violations.
(C) The economic effect of the penalty on the person who violated Section 22942.
(D) The person’s annual revenue in both balloon sales and total sales.
(E) Whether the person who violated Section 22942 took good faith measures to comply with Section 22942 and when these measures were taken.
(F) The deterrent effect that the imposition of the penalty would have on both the person who violated Section 22942 and the regulated community as a whole.
(G) The willfulness of the persons responsible for the violation.
(H) Any other factors that justice may require.
(c) Actions pursuant to this section may be brought by the Attorney General in the name of the people of the state, by a district attorney, by a city attorney, or by a city prosecutor in a city or city and county having a full-time city prosecutor.
(d) Civil penalties collected pursuant to this section shall be paid to the office of the city attorney, city prosecutor, district attorney, or Attorney General, whichever office brought the action.
(Added by Stats. 2022, Ch. 401, Sec. 2. (AB 847) Effective January 1, 2023.)