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Ord. 2164 <br /> Page 9 <br /> A. This chapter is restrictive only. This chapter establishes no new rights for a <br /> person who engages in smoking. Notwithstanding: (1) any provision of this <br /> chapter or other provisions of this code; (2) any failure by any person to restrict <br /> smoking under this chapter; or (3) any explicit or implicit provision of this code <br /> that allows smoking in any place, nothing in this code shall be interpreted to limit <br /> any person's legal rights under other laws with regard to smoking, including, for <br /> example, rights in nuisance, trespass, property damage, and personal injury or <br /> other legal or equitable principles. This chapter is intended and shall be <br /> interpreted to be consistent with and at least as stringent as any state statute <br /> prohibiting smoking in any unit, common area or other area of a multifamily rental <br /> apartment. <br /> B. If any provision of this chapter or the application thereof is held to be preempted, <br /> unconstitutional or otherwise invalid by a court of competent jurisdiction, such <br /> ruling shall not affect any other provision of this chapter that is not specifically <br /> included in such ruling or that can be given effect without the preempted, <br /> unconstitutional, or invalid provision or application; and to this end, the provisions <br /> of this chapter are declared severable. <br /> In Chapter 9.24 Smoking in Public and Work Places, Section 9.24.060 is amended <br /> as follows: <br /> 9.24.060 Optional smoking areas. <br /> A. Notwithstanding Sections 9.24.040 and 9.24.050 to the contrary, the following areas <br /> shall not be subject to the smoking restrictions of this chapter: <br /> 1. Private residences, except when: (a) such residence is used at any time as a <br /> family day care home or a health care facility; or (b) such residence is a rental unit of <br /> two of more connected rental units under common ownership and subject to the <br /> smoking restrictions of Chapter 9.26; and in the event of a conflict between the <br /> Chapters 9.24 and 9.26 the stricter restrictions on smoking shall apply. <br /> 2. Retail tobacco stores. <br /> 3. Outdoor areas a reasonable distance from any area designated nonsmoking in <br /> this chapter. <br /> B. Notwithstanding any other provision of this section, any owner, operator, manager or <br /> other person who controls any establishment described in this section may declare that <br /> entire establishment as a nonsmoking establishment. <br />