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Ord. 2164 Page 6 Section 9.26.035. Designated smoking area A designated smoking area: 1. Shall be an unenclosed and clearly delineated area, as described in this section; 2. Shall be located at last 25 horizontal and vertical feet from any door, window, opening, air intake system or vent of a unit, any exclusive use enclosed area or unenclosed area of a unit, or any enclosed common area or unenclosed common area of a multifamily rental apartment; 3. Shall have a clearly marked perimeter and be identified by conspicuous signs; 4. Shall have a receptacle designed for disposal of tobacco waste and shall be maintained generally free of tobacco related litter including but not limited to cigarette butts; and 5. Shall not be more than ten percent of the total square footage of unenclosed area of the multifamily rental apartment project. Section 9.26.040. Additional smoking-related prohibitions. Where smoking is prohibited under this chapter: A. No person shall smoke in any nonsmoking area. B. No person with legal control over any nonsmoking area shall knowingly permit smoking in any nonsmoking area that is under the person's control. C. Persons who rent or occupy a unit in a multifamily rental apartment subject to this chapter have a duty to advise and require their invitees and guests to comply with this chapter. D. No person shall intimidate or harass any person who seeks compliance with this chapter. No person shall intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this Chapter. E. Causing, permitting, aiding, or abetting a violation of any provision of this Chapter shall also constitute a violation of this Chapter. Section 9.26.050. Required signage. A. "No smoking" signs or the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently and conspicuously posted at each of the following areas where smoking is prohibited by this chapter: 1. On the outside of each enclosed building of a multifamily rental apartment but only if the building contains six or more units;