A. Beginning October 1, 2021, smoking is prohibited and no person shall smoke inside any new or existing unit of a Multi-unit Residence, in any enclosed or unenclosed Common Area of a Multi-unit Residence, or within a Reasonable Distance of any operable doorway, window, opening, or vent of a Multi-unit Residence.
B. Smoking is prohibited in Multi-unit Residences as provided in subsection (A) of this section, except that a person with legal control over a Common Area, or authorized representative, may designate a portion of the common area as a designated smoking area; provided, that at all times the designated smoking area complies with subsection (C) of this section.
C. Designated Smoking Areas in Multi-unit Residences. A designated smoking area shall:
1. Be an Unenclosed Area;
2. Be a Reasonable Distance 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;
3. Be a Reasonable Distance in any direction from any operable doorway, window, opening or other vent into an enclosed area that is located at the Multi-unit Residence and is a Nonsmoking Area;
4. Be a Reasonable Distance in any direction from a Nonsmoking Area and/or any operable doorway, window, opening or other vent into an enclosed area of adjacent private property;
5. Have a clearly marked perimeter;
6. Have a receptacle for cigarette butts that is emptied and maintained; and
7. Be identified by conspicuous signs.
D. Smoking and the use of Electronic Smoking Devices is prohibited in adjacent unenclosed property within a Reasonable Distance in any direction of any doorway, window, opening, or other vent into an enclosed area of a Multi-unit Residence.
E. Common Areas Free from Smoking Waste. Persons with legal control over common areas in Multi-unit Residences, and their authorized representatives, shall ensure that all Common Areas except those meeting the requirements of subsection (C) of this section remain free of Smoking and tobacco waste, and ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking and tobacco waste.
F. Signage. “No smoking” signs shall be posted as required by Section 10.90.050 of this chapter, but are not required inside any unit of a Multi-unit Residence. Signs shall be maintained by the person or persons with legal control over the common areas or the authorized representative of such person.
G. Lease Terms. Every lease or other rental agreement for the occupancy of a new or existing unit in a Multi-unit Residence entered into, renewed, or continued month-to-month after October 1, 2021 shall include the following:
1. A clause providing that it is a material breach of the agreement to Smoke or allow Smoking:
a. in the Unit, including exclusive-use areas such as balconies, porches, or patios; and
b. in any Common Area of the Multi-unit Residence other than a designated Smoking area.
2. A description of and/or image depicting the location(s) of any designated Smoking area(s) on the property, if any.
3. A clause expressly conveying third-party beneficiary status to all occupants of the Multi-unit Residence as to the Smoking provisions of the lease or other rental agreement. Such a clause shall provide that any tenant of the Multi-unit Residence may sue another tenant/owner to enforce the Smoking provisions of the agreement but that no tenant shall have the right to evict another tenant for a breach of the Smoking provisions of the agreement.
H. Whether or not a landlord complies with subsection (G) of this section, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection (G) of this section applies and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsection (G) of this section. (Ord. 21-2227 (part), 2021)