9.14.045 Smoking prohibited - Commercial areas and public events.

   Smoking and the use of electronic smoking devices is prohibited in commercial areas, except places where smoking is already prohibited by state or federal law, in which case those laws apply. This prohibition includes public events held on public streets. A shopping center or commercial areas may establish a designated smoking area that is at least 25 feet away from any openings and includes receptacles to control litter.

(Ord. 5376 § 2 (part), 2016; Ord. 5300 § 2 (part), 2015: Ord. 4056 § 4 (part), 1991)

9.14.050 Smoking prohibited - Outdoor common areas of all multi unit residences.

   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)

9.14.055 Smoking prohibited - Nonsmoking buffer zones.

   Smoking and the use of electronic smoking devices is prohibited in adjacent unenclosed property within twenty-five feet in any direction of any doorway, window, opening, or other vent into an enclosed area of a multi-unit residence.

(Ord. 5405 § 2 (part), 2017)

9.14.060 Required and implied lease terms for all new and existing units in multi-unit residences.

   (a)   Every lease or other rental agreement for the occupancy of a unit in a multi-unit residence, entered into, renewed, or continued month-to- month, effective January 1, 2018 shall include the following:

   (1)   A clause stating that smoking is prohibited in the unit, including exclusive-use areas such as balconies, porches, or patios.

   a.   A clause providing that it is a material breach of the lease or 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 (i) smoke in any common area of the property other than a designated smoking area; (ii) smoke in the unit, or (iii) violate any law regulating smoking anywhere on the property.

   b.   A clause providing that it is a material breach of the agreement for tenant or any other person subject to the control of the tenant to violate any law regulating smoking while anywhere on the property. Such a clause might state, "It is a material breach of this agreement for tenant or any other person subject to the control of the tenant or present by invitation or permission of the tenant to violate any law regulating smoking while anywhere on the property."

   (2)   A clear description of all areas on the property and in the buffer zone where smoking is allowed or prohibited.

   (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.

   (b)   Whether or not a landlord complies with subsection (a) above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which subsection (a) applies and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsection (a).

   (c)   This chapter shall not create additional liability for a landlord to any person for a tenant's breach of any smoking provision in a lease or other rental agreement for the occupancy of a unit in a multi-unit residence if the landlord has fully complied with this section.

   (d)   Failure to enforce any smoking provision required by this chapter shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.

(Ord. 5405 § 2 (part), 2017)

9.14.065 Other requirements and prohibitions.

   (a)   Every landlord shall deliver the following, on or before July 1, 2017, to each unit of a multi-unit residence:

   (1)   A written notice of the new requirements prohibiting smoking in units and common areas as stated in Section 9.14.020.

   (b)   As of July 1, 2017, every seller of a unit in a multi-unit residence shall provide prospective buyers with written notice clearly stating that:

   (1)   Smoking is prohibited in units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2018; and

   (2)   Smoking is prohibited in all common areas, except for specifically designated smoking areas, as of January 1, 2018.

   (c)   Clear and unambiguous “No Smoking” signs shall be posted in sufficient numbers and locations in common areas where smoking is prohibited by this chapter or other law. 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 chapter.

(Ord. 5405 § 2 (part), 2017)

9.14.070 Exemptions.

   The following places and workplaces are exempt from Section 9.14.020:

   (a)   Smoking at theatrical production sites is not prohibited by this subsection if the theater general manager certifies that smoking is an essential part of the story and the use of a fake, prop, or special effect cannot reasonably convey the idea of smoking in an effective way to a reasonable member of the anticipated audience. This exception will not apply if minors are performers within the production;

   (b)   A fully enclosed room in a hotel, motel, other transient lodging establishment similar to a hotel, motel, or public convention center which is being used entirely for a private function and which is not open to the general public, except while food or beverage functions are taking place, including setup, service, and cleanup activities, or when the room is being used for exhibit purposes, and except for sixty-five percent of the guest rooms in a hotel, motel, or similar transient lodging establishment;

   (c)   Tobacco stores with private smokers’ lounges meeting the requirements of the applicable portions of subdivision (d)(4) of Labor Code Section 6404.5.

(Ord. 5405 § 2 (part), 2017; Ord. 5376 § 2 (part), 2016; Ord. 5300 § 2 (part), 2015: Ord. 4294 § 3, 1995: Ord. 4164 § 2 (part), 1993: Ord. 4056 § 4 (part), 1991)

9.14.080 Reserved*.

   *   Editor’s Note: Former Section 9.14.080, pertaining to location of tobacco vending machines, was repealed by Section 4 of Ord. No. 5418.