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Ord. 2164 <br /> Page 7 <br /> 2. At all enclosed common areas; and <br /> 3. At all unenclosed common areas with improvements that facilitate <br /> physical activity including playgrounds and swimming pools. <br /> B. No signs are required by this chapter in any unit. <br /> C. The signs required by this chapter shall be maintained by the landlord. <br /> D. The absence of any sign required by this chapter shall not be a defense to a <br /> violation of this chapter. <br /> E. The provisions of this section 9.26.050 shall go into effect 180 days after the <br /> effective date of this ordinance. <br /> Section 9.26.060. Required and implied lease terms. <br /> A. Every lease or other rental agreement for the occupancy of a unit in a multifamily <br /> rental apartment entered into, renewed, or continued month-to-month 180 days <br /> after the effective date of this ordinance shall include the following: <br /> 1. A provision stating in substance that it is a material breach of the rental <br /> agreement for the tenant, or any other person subject to the control of the <br /> tenant or present by invitation or permission of the tenant, to: (a) smoke in <br /> any common area other than a designated smoking area; (b) smoke in a <br /> unit; or (c) violate any law regulating smoking anywhere on the property. <br /> 2. A clear description of all areas on the property where smoking is allowed or <br /> prohibited. <br /> 3. A provision expressly conveying third-party beneficiary status to all tenants <br /> and lawful occupants of the multifamily rental apartment as to the smoking <br /> provisions of the agreement. <br /> B. Whether or not a landlord complies with subsection A of this section 9.26.060, the <br /> provisions required by that subsection shall be implied and incorporated by law <br /> into every rental agreement to which subsection A of this section 9.26.060 applies <br /> and shall become effective as of the earliest possible date on which the landlord <br /> could have made the insertions pursuant to subsection A of this section 9.26.060. <br /> C. This chapter shall not create liability in a landlord to any person for a tenant's <br /> breach of any smoking provision in a rental agreement for the occupancy of a unit <br /> in a multifamily rental apartment if the landlord has fully complied with subsection <br /> A of this section 9.26.060. <br /> D. A tenant who breaches the smoking regulations of a rental agreement or <br /> knowingly allows another person to do so shall be liable to the landlord and any <br /> occupant of the multifamily rental apartment who is exposed to second hand <br /> smoke as a result of that breach. <br /> E. Failure to enforce any smoking provision required by this chapter shall not affect <br />