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Ord. 2164 Page 4 all under common ownership and management; and at least two of the units are leased. A "Multifamily Rental Apartment" does not include any of the following types of residential properties: 1. Property owned by the state or federal government; 2. A residential care facility or assisted living facility governed by federal or state community care licensing regulations; 3. A detached single-family residence; 4. A detached single-family home with a detached or attached in-law, second units or accessory dwelling unit; 5. A common interest development; 6. A hotel or motel 7. A mobile home park. F. "Nonsmoking area" means any enclosed area or unenclosed area in which smoking is prohibited by: (1) this chapter or other law; (2) by binding agreement relating to the ownership, occupancy, or use of real property; or (3) by designation of a person with legal control over the area. G. "Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including government agencies. H. "Smoke" means any vapors, gases, particles or other by-products released into the air as a result of combustion, electrical ignition, or vaporization when the apparent or usual purpose of the combustion, electrical ignition, or vaporization is human inhalation of the byproducts, except when the combusting or igniting or vaporizing material both contains no tobacco or nicotine and the usual purpose of inhalation is solely olfactory such as with the burning of incense. Smoke specifically includes but is not limited to gases, particles, vapors or other by- products released by electronic smoking device, tobacco cigarettes, herbal cigarettes, marijuana cigarettes and any other type of cigarette, pipe or other implement for the purpose of inhalation of vapors, gases, particles or other by- products released as a result of combustion or ignition or vaporization. I. "Smoking" or "to smoke" means inhaling, exhaling, burning or carrying any lighted, heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic smoking device or paraphernalia; or engaging in an act that generates smoke; or lighting or igniting a pipe, a hookah pipe, a cigar, or a cigarette of any kind including but not limited to an electronic cigarette. J. "Tobacco or Nicotine Product" means any substance containing tobacco leaf, including but not limited to cigarettes, cigars, pipe tobacco, hookah tobacco, or any other preparation of tobacco; and any electronic cigarette or other electronic device used to generate smoke; and any product or formulation of matter containing biologically active amounts of nicotine that is manufactured, sold, offered for sale, or otherwise distributed with the expectation that the product or