Smoking in common interest developments 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. The HOA, or any person having legal ownership over the common areas of a common interest development, 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.
3. If an owner enters into a new lease to lease a unit to a tenant, that unit shall be designated as a non-smoking unit until such time as the owner resumes the occupancy of the unit. Any new lease for the occupancy of a unit in a common interest development entered into, renewed, or amended on or after January 1, 2018, shall include a provision notifying the tenant that it is a material breach of the lease or other rental agreement to allow or engage in smoking in the common interest development. Such clause shall be substantially consistent with the following: "It is a material breach of this agreement 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 HOA, or any person having legal ownership over the common areas of the common interest, shall post clear and unambiguous "No Smoking" signs in sufficient numbers and locations in the common interest development to make it obvious to a reasonable person that smoking is prohibited throughout the common interest development. 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 HOA or any person with legal control over the common areas of the common interest development. The absence of signs shall not be a defense to a violation of any provision of this chapter.
2. The HOA shall provide written notice to all owners of units clearly stating that: a) smoking will be prohibited in all common areas of the common interest development beginning January 1, 2018, and b) that all units will become non-smoking beginning January 1, 2019. The HOA does not need to comply with this provision if smoking is already prohibited in all common areas and units in the common interest development.
C. In addition to the above, beginning January 1, 2019, smoking is prohibited in all units.
D. If the HOA Board has fully complied with subsections A2, and B1 and B2 of this section, the HOA shall not be criminally or civilly liable to any person as a result of an owner or any other person violating the smoking regulations while on the common interest development's property. If an owner has fully complied with subsection A3 of this section, then the owner shall not be criminally or civilly liable to any person for a tenant or a tenant's guest violating the smoking regulations while on the common interest development's property.
E. The above-referenced regulations will apply to a mixed hotel/common interest development project except as follows:
1. The regulations will not apply to the buildings, portions of the buildings, or any other areas that are designated as part of the hotel including, but not limited to, hotel rooms, and common areas that are used by hotel patrons and guests.
2. The regulations will not prohibit the designation of a smoking area in the hotel portion of the project regardless of whether the designated smoking area can be used by both hotel patrons and owners.
3. The regulations will not prohibit smoking at hotel swimming pools consistent with section 5-4-2 of this chapter. (Ord. 17-O-2737, eff. 11-3-2017)