(A) Smoking is prohibited in all common areas pursuant to § 94.5.090, except that a person with legal control over a common area, such as, for example, a landlord or homeowners’ association, may designate a portion of the common area as a smoking area; provided, that at all times the smoking area, at a minimum, complies with division (B) below.
(B) For a location to be considered a smoking area, at a minimum, it:
(1) Must be an unenclosed area;
(2) Must be located at least 25 feet from any enclosed area that is a nonsmoking area; provided, that a person with legal control over a common area in which a smoking area has been designated shall modify, relocate or eliminate that smoking area so as to maintain compliance with the requirements of this division (B):
(a) As laws change;
(b) As binding agreements are created; and
(c) As nonsmoking areas on neighboring property are established;
(3) Must be at least 25 feet from unenclosed areas primarily used by children, and unenclosed areas with improvements that facilitate physical activity, including, for example, playgrounds, tennis courts, swimming pools and school campuses;
(4) Must be no more than 10% of the total unenclosed area of the multi-unit residence for which it is designated;
(5) Must have a clearly marked perimeter;
(6) Must be identified by conspicuous signs. The signs shall have letters of no less than one inch in height. Such signs shall be maintained by the person or persons with legal control over the smoking area.
(C) No person with legal control over a common area in which smoking is prohibited by this chapter or other law shall knowingly permit within the common area the presence of any ash tray, ash can or other receptacle designed for or primarily used for disposal of smoking waste.
(D) Clear and unambiguous “No Smoking" signs” shall be posted in sufficient numbers and locations to make common areas where smoking is prohibited by this chapter or other law obvious to a reasonable person. The signs shall have letters of no less than one inch in height or contain the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). Such signs shall be maintained by the person or persons with legal control over the common areas. The absence of signs shall not be a defense to a violation of any provision of this chapter.
(Ord. 1332, passed 11-2-11)