§ 9.11.215  SMOKING PROHIBITED IN COMMON AREAS EXCEPT IN DESIGNATED SMOKING AREAS.
   A.   Smoking is prohibited in all common areas, pursuant to Section 9.11.210 .A, except that a person with legal control over a common area, such as, for example, a landlord or HOA Board, may designate a portion of the common area as a designated smoking area provided that at all times the designated smoking area complies with Section 9.11.215 .B below.
   B.   A designated smoking area:
      1.   Must be an unenclosed area.
      2.   Must be located at least twenty-five (25) feet from any enclosed area that is a nonsmoking area.  A person with legal control over a common area in which a designated smoking area has been established shall modify, relocate or eliminate that designated smoking area so as to maintain compliance with the requirements of this Section 9.11.215 .B as laws change, as binding agreements are created, and as nonsmoking areas on adjacent property are established.
      3.   Must be at least twenty-five (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 ten percent (10%) of the total unenclosed area of the multi-unit residence for which it is established.
      5.   Must have a clearly marked perimeter.
      6.   Must be identified by conspicuous signs.
   C.   No person with legal control over a common area in which smoking is prohibited by this Subchapter or other law shall knowingly permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking waste within the area.
   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 Subchapter 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 Subchapter.
(Ord. No. 2014-006 § 1)