For the purposes of this chapter, the following definitions shall govern unless the context clearly requires otherwise:
COMMON AREA. Every enclosed area or unenclosed area of a multi-unit residence that
residents of more than one unit of that multi-unit residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.
COMMON INTEREST COMPLEX. A multi-unit residence that is a condominium project, a community apartment project, a stock cooperative or a planned development as defined by Cal. Civil Code § 1351.
ENCLOSED AREA. An area in which outside air cannot circulate freely to all parts of the area, and includes an area that has:
(1) Any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical boundaries of any height, whether or not those boundaries include vents or other openings; or
(2) Four walls or other vertical boundaries that exceed six feet in height, whether or not those boundaries include vents or other openings.
FAMILY DAY CARE HOME. Shall be defined as by Cal. Health and Safety Code § 1596.78.
LANDLORD. Any person who owns property with a multi-unit residence and lets that property for residential use, any person who lets residential property used as multi-unit residences, and any person who manages such property, except that LANDLORD does not include a master tenant who sublets a unit, as long as the master tenant sublets only a single unit of a multi-unit residence.
MULTI-UNIT RESIDENCE. Property containing two or more attached units, except the following specifically excluded types of housing:
(1) A hotel or motel that meets the requirements set forth in Cal. Civil Code § 1940(b)(2), as amended;
(2) A mobile home park;
(3) A campground;
(4) A detached single-family dwelling; and
(5) A detached single-family dwelling with a detached or attached “granny” or second unit, when permitted pursuant to Cal. Gov’t Code §§ 65852.1, 65852.150 or 65852.2, or an ordinance of the city adopted pursuant to those sections.
NEW UNIT. A unit that is issued a certificate of occupancy after June 2, 2012.
NONSMOKING AREA. Any enclosed area or unenclosed area of a multi-unit residence in which smoking is prohibited: (1) by this chapter or other law; (2) by binding agreement relating to the ownership, occupancy or use of real property; or (3) by designation of a person with legal control over the enclosed or unenclosed area. In the case of a smoking prohibition established only by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter for a person to engage in smoking or to allow smoking in a nonsmoking area unless: (1) the person knows smoking is not permitted or (2) a reasonable person would know smoking is not permitted.
PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee or any other legal entity, including government agencies.
RENTAL COMPLEX. A multi-unit residence for which 50% or more of the units are let by or on behalf of the same landlord.
SMOKE. The gases, particles or vapors released into the air as a result of combustion, electrical ignition or vaporization, when the apparent or usual purpose of the combustion, electrical ignition or vaporization is human inhalation of the byproducts, except when the combusting or vaporizing material contains no tobacco or nicotine, and the purpose of inhalation is solely olfactory or congestion relief, such as, for example, smoke from incense or vapor from a congestion-relieving vaporizer. The term SMOKE includes, but is not limited to, tobacco smoke, electronic cigarette vapors, and marijuana smoke.
SMOKING. Engaging in an act that generates smoke, such as, for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, an operating electronic cigarette or a lighted cigarette of any kind, or lighting or igniting a pipe, a hookah pipe, a cigar or a cigarette of any kind.
SMOKING AREA. A location within a multi-unit residence designated pursuant to and in accordance with § 94.5.020(B).
UNENCLOSED AREA. Any area that is not an enclosed area.
UNIT. A personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio.
(Ord. 1332, passed 11-2-11)