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1 ORDINANCE NO. 2164 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADDING TO THE MUNICIPAL CODE A NEW CHAPTER 9.26 RESTRICTIONS ON SMOKING IN MULTIFAMILY RENTAL APARTMENTS AND ADOPTING A UNIFYING AMENDMENT TO §9.24.060 WHEREAS, secondhand smoke exposure causes death by heart disease, lung cancer, and other illnesses; and there are no safe levels for exposure to second hand smoke from tobacco or marijuana; and electronic cigarettes' aerosol and vapors also contain dangerous chemicals; and WHEREAS, it is in the interest of public health, safety and welfare to restrict smoking in multifamily rental apartments to limit secondhand smoke exposure to nonsmoking residents inside of their units, as well as in enclosed and unenclosed common areas; and WHEREAS, the city seeks to balance the interests of nonsmokers, who represent a majority of persons, in multifamily rental housing to have healthy and safe residences with the interests of smokers, who represent a minority of persons, and this should be achieved by allowing landlords to voluntarily establish a designated smoking area away from other nonsmoking residents, and otherwise impose smoking restrictions to reduce secondhand smoke exposure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Finds that the changes to the Pleasanton Municipal Code restricting smoking in multifamily rental apartments is exempt from the California Environmental Quality Act (CEQA) as there is no possibility that the smoking restrictions may have a significant effect on the environment per Title 14 Cal. Code of Regs. §15061(b)(3). SECTION 2. Finds that secondhand smoke from tobacco and marijuana, as well as aerosol from electronic smoking devices, pose a health and safety hazard to nonsmokers in multifamily rental apartments as described in the attached Exhibit B. SECTION 3. Adopts a new Chapter 9.26 Restrictions on Smoking in Multifamily Rental Apartments and unifying amendment of §9.24.060 of the Pleasanton Municipal Code as set forth in Exhibit A. SECTION 4. A summary of this ordinance shall be published once within fifteen (15) days after its adoption in "The Valley Times", a newspaper of general circulation published in the City of Pleasanton, and the complete ordinance shall be posted for fifteen (15) days in the City Clerk's office within fifteen (15) days after its adoption.