01 - Laserfiche WebLink

Ord. 2164 Page 3 Exhibit A CHAPTER 9.26 RESTRICTIONS ON SMOKING IN MULTIFAMILY RENTAL APARTMENTS Section 9.26.010 Purpose and Findings. The Centers for Disease Control and Prevention have documented that secondhand smoke causes thousands of deaths from lung cancer and heart disease. The U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke. In addition to the health risks posed by secondhand tobacco and marijuana smoke, aerosol and vapors emitted from electronic smoking devices contain chemicals that have been identified as a health hazard. The city finds that nonsmokers who live in multifamily rental apartments can be exposed to neighbors' secondhand smoke, and that it is in the interest of public health and safety to restrict smoking in multifamily rental apartments. Section 9.26.015 Application of Chapter. This chapter shall apply within to all units in multifamily rental apartments and their Common Areas. Section 9.26.020 Definitions. The following words and phrases, whenever used in this chapter, shall be defined as follows: A. "Common Area" means every enclosed area or unenclosed area of a multifamily rental apartment where residents of more than one unit are entitled to enter or use, including, but not limited to, halls, paths, lobbies, courtyards, elevators, stairs, community rooms, playgrounds, gym facilities, swimming pools, parking garages and parking lots, restrooms, laundry rooms, cooking areas, and eating areas. B. "Electronic Smoking Device" means an electronic cigarette or a similar device, including but not limited to a device intended to simulate smoking, which permits a person to inhale vapors or aerosols that may or may not contain nicotine. C. "Enclosed Area" means an area enclosed by a roof and walls on all sides with appropriate openings for ingress and egress, windows and ventilation. D. "Landlord" means any person who owns property containing a multifamily rental apartment, any person who lets units in a multifamily rental apartment (except a landlord does not include a tenant who sublets a unit), and any person who manages a multifamily rental apartment. E. "Multifamily Rental Apartment" means, except as specifically excluded below, any residential property containing two or more units with one or more shared or abutting walls, floors, ceilings or shared ventilation systems; where the units are