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Ordinance No.
<br /> Page 4
<br /> all under common ownership and management; and at least two of the units are
<br /> leased. A "Multifamily Rental Apartment" does not include any of the following
<br /> types of residential properties:
<br /> 1. Property owned by the state or federal government;
<br /> 2. A residential care facility or assisted living facility governed by federal or
<br /> state community care licensing regulations;
<br /> 3. A detached single-family residence;
<br /> 4. A detached single-family home with a detached or attached in-law,
<br /> second units or accessory dwelling unit;
<br /> 5. A common interest development;
<br /> 6. A hotel or motel
<br /> 7. A mobile home park.
<br /> F. "Nonsmoking area" means any enclosed area or unenclosed area in which
<br /> smoking is prohibited by: (1) this chapter or other law; (2) by binding agreement
<br /> relating to the ownership, occupancy, or use of real property; or (3) by
<br /> designation of a person with legal control over the area.
<br /> G. "Person" means any natural person, partnership, cooperative association,
<br /> corporation, personal representative, receiver, trustee, assignee, or any other
<br /> legal entity, including government agencies.
<br /> H. "Smoke" means any vapors, gases, particles or other by-products released into
<br /> the air as a result of combustion, electrical ignition, or vaporization when the
<br /> apparent or usual purpose of the combustion, electrical ignition, or vaporization
<br /> is human inhalation of the byproducts, except when the combusting or igniting or
<br /> vaporizing material both contains no tobacco or nicotine and the usual purpose
<br /> of inhalation is solely olfactory such as with the burning of incense. Smoke
<br /> specifically includes but is not limited to gases, particles, vapors or other by-
<br /> products released by electronic smoking device, tobacco cigarettes, herbal
<br /> cigarettes, marijuana cigarettes and any other type of cigarette, pipe or other
<br /> implement for the purpose of inhalation of vapors, gases, particles or other by-
<br /> products released as a result of combustion or ignition or vaporization.
<br /> I. "Smoking" or "to smoke" means inhaling, exhaling, burning or carrying any
<br /> lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic
<br /> smoking device or paraphernalia; or engaging in an act that generates smoke;
<br /> or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind
<br /> including but not limited to an electronic cigarette.
<br /> J. `Tobacco or Nicotine Product" means any substance containing tobacco leaf,
<br /> including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco,
<br /> snuff, chewing tobacco, dipping tobacco, or any other preparation of tobacco;
<br /> and any electronic cigarette or other electronic device used to generate smoke;
<br /> and any product or formulation of matter containing biologically active amounts
<br /> of nicotine that is manufactured, sold, offered for sale, or otherwise distributed
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