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Ord.2164 <br /> Page 7 <br /> D. No person shall intimidate or harass any person who seeks compliance with this <br /> chapter. No person shall intentionally or recklessly expose another person to <br /> smoke in response to that person's effort to achieve compliance with this Chapter. <br /> E. Causing, permitting, aiding, or abetting a violation of any provision of this Chapter <br /> shall also constitute a violation of this Chapter. <br /> Section 9.26.050. Required signage. <br /> A. "No smoking" signs or the international "no smoking" symbol (consisting of a <br /> pictorial representation of a burning cigarette enclosed in a red circle with a red <br /> bar across it) shall be clearly, sufficiently and conspicuously posted at each of <br /> the following areas where smoking is prohibited by this chapter: <br /> 1. On the outside of each enclosed building of a multifamily rental apartment <br /> but only if the building contains six or more units; <br /> 2. At all enclosed common areas; and <br /> 3. At all unenclosed common areas with improvements that facilitate <br /> physical activity including playgrounds and swimming pools. <br /> B. No signs are required by this chapter in any unit. <br /> C. The signs required by this chapter shall be maintained by the landlord. <br /> D. The absence of any sign required by this chapter shall not be a defense to a <br /> violation of this chapter. <br /> E. The provisions of this section 9.26.050 shall go into effect 180 days after the <br /> effective date of this ordinance. <br /> Section 9.26.060. Required and implied lease terms. <br /> A. Every lease or other rental agreement for the occupancy of a unit in a multifamily <br /> rental apartment entered into, renewed, or continued month-to-month 180 days <br /> after the effective date of this ordinance shall include the following: <br /> 1. A provision stating in substance that it is a material breach of the rental <br /> agreement for the tenant, or any other person subject to the control of the <br /> tenant or present by invitation or permission of the tenant, to: (a) smoke in <br /> any common area other than a designated smoking area; (b) smoke in a <br /> unit; or (c) violate any law regulating smoking anywhere on the property. <br /> 2. A clear description of all areas on the property where smoking is allowed or <br /> prohibited. <br /> 3. A provision expressly conveying third-party beneficiary status to all tenants <br /> and lawful occupants of the multifamily rental apartment as to the smoking <br /> provisions of the agreement. <br />