Smoking and the use of electronic smoking devices is prohibited in outdoor common areas of all multi-unit residences, provided, however, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets the following criteria:
(1) Must be an unenclosed area;
(2) Must be at least twenty-five 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;
(3) Must be at least twenty-five feet 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) Shall have a clearly marked perimeter;
(5) Shall have a receptacle for cigarette butts that is emptied and maintained; and
(6) Shall be identified by conspicuous signs.
(Ord. 5405 § 2 (part), 2017)