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must provide the landlord verification that the resident needs to smoke marijuana (and are not able to utilize marijuana edibles or THC pills) for their condition. This would be similar to a resident in an apartment that does not allow pets receiving an accommodation for a service or support animal. Recreational marijuana smoking is proposed to be subject to the same restrictions as smoking in general (which also is proposed to include e- cigarettes5). 6. Signaqe requirements. Police Department and Code Enforcement staff expressed a strong interest in requiring owners and managers to install No Smoking signage. This will both reinforce information tenants should already receive, as well as advise visitors and guests. Signage requirements are also supported by the Housing Commission and are included in the proposed ordinance. 7. Lease disclosures. To ensure that tenants are aware of the smoking prohibitions, the proposed ordinance requires leases to disclose these smoking restrictions. This will also ensure that tenants who violate the restrictions can be subject to lease penalties and potential termination, as landlords have much more leverage under the California Civil Code to handle tenants who violate lease terms. 8. Enforcement. Police Department and Code Enforcement staff discussed practical challenges to enforcing No Smoking restrictions. For example, a caller complaining about a smoker is a lower priority than a car accident or prowler. As response by City staff would likely be delayed, and the smoker finished smoking, it is unlikely that persons will be caught in the act of smoking by City staff. Therefore, the proposed ordinance requires the landlord to take reasonable steps to: inform residents of rules applying to residents and guests; document any complaints or violations; actively seek compliance; and only if those actions prove unsuccessful will City staff become involved. The proposed ordinance provides that City staff can issue administrative citations (which include fines). 9. Timing to implement. The Housing Commission recommends that the smoking restrictions go into effect in six months. This was considered adequate time for landlords to adopt new procedures, develop lease language, install signs, and advise tenants. However, apartment owners and managers advise that their ability to modify lease terms is only upon lease renewal, with most leases having a one year term. And, Council had previously expressed interest in providing some consideration for long-term tenants who are smokers. Therefore, the proposed ordinance uses this six month time frame (which would be Feb. 18, 2018; see Attachment 5 for Implementation Calendar) to require smoking restrictions 5E-cigarettes are proposed to be subject to the same restrictions on smoking of tobacco and marijuana as the Centers for Disease Control and Prevention advises that"Nicotine from e- cigarettes is absorbed by users and bystanders" and"E-cigarette aerosol is not "water vapor." It contains nicotine and can contain other chemicals. It is not as safe as clean air." (See https://www.cdc.gov/tobacco/campaign/tips/diseases/dual-tobacco-use.html#how-do). Also, the current code includes e-cigarettes in the general definition of smoking at §9.24.020.P. Page 5 of 6