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any purpose, including but not limited to

promotional, marketing, advertising, testing, and

consumer research purposes.

SEC. 05

A. Any person who violates or refuses to comply with

the provisions of this Article shall be guilty of
an infraction.

B. Each day such violation is committed or permitted

to continue shall constitute a separate offense.

C. Any person convicted of an infraction under the

provision of this Article shall be punished upon a
first conviction by a fine of not more than $100.00
and, for a second conviction within a period of one
year, by a fine of not more than $200.
00 and, for a
third or
any subsequent conviction within a one
year period, by a fine of not more than $500.00.
Any violation beyond the third conviction within a
one-year period may be charged by the City Attorney
or the District Attorney as a misdemeanor and the
penalty for conviction of the same shall be
punishable by a fine of not more than $1000.00 or
by imprisonment in the County Jail for a period of
not more than six months or
by both.
D. The City Manager or his/her designee shall enforce
this Article against violations by any of the
following actions:

1. Receiving and investigating complaints related

to the violation of this Article;

2. Serving notice requiring the correction of any

violation of the Article;

3. Calling the
upon City Attorney to maintain an
action for injunction to enforce the
provisions of this Article and to cause the
correction of any such violation through all
appropriate equitable and legal means.

SEC. 4-
06 11. SEVERABILITY. This Article shall be
enforced to the full extent of the authority of the City of
Oakland. If any section, subsection,
paragraph, sentence or word
of this Article is deemed to be invalid or
beyond the authority of
the City of Oakland, either on its face or as applied, the
invalidity of such provision shall not affect the other sections,