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Notwithstanding the definitions set forth in Section 9.11.100, et seq., for the purposes of this Subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJACENT PROPERTY. Any unenclosed area of property, publicly or privately owned, that abuts a multi-unit residence.
COMMON AREA. Every enclosed area or unenclosed area of a multi-unit residence that residents of more than one (1) 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 § 4100.
DESIGNATED SMOKING. An area where smoking is permissible and has been established in accordance with the provisions of Section 9.11.215 of this Subchapter.
ENCLOSED AREA. An area in which outside air cannot circulate freely to all parts of that 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 (3) walls or other vertical boundaries of any height whether or not those boundaries include vents or other openings; or
2. Four (4) walls or other vertical boundaries that exceed six (6) feet in height, whether or not those boundaries include vents or other openings.
EXISTING UNIT. A unit in existence on or before November 26, 2014.
HOA. An organization or entity established for the purpose of managing and/or maintaining a common interest complex.
LANDLORD. Any person who owns property let for residential use, any person who lets residential property, 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. Residential property containing two (2) or more units and shall include a rental complex and a common interest complex. The following types of housing are specifically excluded from this definition:
1. A hotel or motel;
2. A mobile home park;
3. A single-family home; and
4. A single-family home with a detached or attached accessory dwelling unit when permitted pursuant to Section 17.400.095 of this Code.
NEW UNIT. A unit that is issued a certificate of occupancy on or after November 26, 2014.
NONSMOKING AREA. Any enclosed area or unenclosed area of a multi-unit residence in which smoking is prohibited by:
1. This Subchapter 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 area.
In the case of a smoking prohibition established only by private agreement or designation and not by this Subchapter or other law, it shall not be a violation of this Subchapter for a person to engage in smoking or to allow smoking in that area unless:
1. The person knows that smoking is not permitted; or
2. A reasonable person would know that smoking is not permitted.
RENTAL COMPLEX. A multi-unit residence for which fifty percent (50%) or more of units are let by or on behalf of the same landlord.
SMOKE. The gases and particles, released into the air as a result of combustion when the apparent or usual purpose of the combustion is human inhalation of the byproducts, except when the combusting material contains no tobacco, other weed or plant, or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense. The term SMOKE includes, but is not limited to, tobacco smoke and marijuana smoke, but specifically excludes vapors from electronic smoking devices.
SMOKING. Engaging in an act that generates smoke, such as, for example, the possession of a lighted tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant, including a lighted pipe, lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind; or the lighting of a pipe, a hookah pipe, a cigar, or a cigarette of any kind.
TOBACCO PARAPHERNALIA. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products.
TOBACCO PRODUCT. Any substance containing tobacco leaf, including but not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco, snuff, chewing tobacco, dipping tobacco, bidis, or any other preparation of tobacco.
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. UNIT includes, without limitation, an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, hospital and a room in a homeless shelter. UNIT includes an existing unit and a new unit.
(Ord. No. 2014-006 § 1)