Smoking in multi-unit residences shall be governed by the following rules:
A. Beginning January 1, 2018, the following regulations apply:
1. Smoking is prohibited in all common areas.
2. Smoking is prohibited in all units governed by a new lease.
3. A landlord shall not permit the presence of ash trays, ash cans, or other receptacles designed for, or primarily used for, the disposal of smoking waste within any common area.
4. Every new lease shall include a provision substantially consistent with the following: "Beverly Hills Municipal Code section 5-4-18 prohibits smoking in all common areas in a multi- unit residence, and in all units governed by a lease that was entered into, renewed, or amended after January 1, 2018. It is a material breach of this lease for the tenant, or any other person subject to the control of the tenant or present by invitation or permission of the tenant, to engage in smoking on the property, including in the unit and common areas (as those terms are defined in Beverly Hills Municipal Code section 5-4-1), or to violate any law regulating smoking while anywhere on the property."
B. On or before January 1, 2018, the following regulations apply:
1. The landlord shall post, or shall cause to be posted, clear and unambiguous "No Smoking" signs in sufficient numbers and locations in the multi-unit residence to make it obvious to a reasonable person that smoking is prohibited in all common areas. The signs shall have letters of no less than one inch (1") 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 landlord. The absence of signs shall not be a defense to a violation of any provision of this chapter.
2. The landlord shall provide written notice to all tenants whose units are governed by existing leases stating that: a) smoking is prohibited in all common areas of the multi-unit residence beginning January 1, 2018, b) any unit that is governed by a lease that was entered into on or after January 1, 2018 is designated as a non-smoking unit, and c) any unit that is governed by a lease that was entered into before January 1, 2018 will be designated as a non-smoking unit when the lease is renewed or extended, or January 1, 2019, whichever is earlier, unless an earlier date is chosen by the landlord. The landlord does not need to comply with this provision if smoking is already prohibited in all common areas and units in the multi-unit residence.
C. In addition to the above, beginning January 1, 2019, smoking is prohibited in all units.
D. If the landlord has fully complied with subsections A4 and B1 and B2 of this section, the landlord shall not be criminally or civilly liable to any person for a person's breach of any smoking provision while on the multi-unit residence. (Ord. 17-O-2737, eff. 11-3-2017)