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Ord.2164 <br /> Page 9 <br /> of this chapter are declared severable. <br /> In Chapter 9.24 Smoking in Public and Work Places, Section 9.24.060 is amended <br /> as follows: <br /> 9.24.060 Optional smoking areas. <br /> A. Notwithstanding Sections 9.24.040 and 9.24.050 to the contrary, the following areas <br /> shall not be subject to the smoking restrictions of this chapter: <br /> 1. Private residences, except when: (a) such residence is used at any time as a <br /> family day care home or a health care facility; or (b) such residence is a rental unit of <br /> two of more connected rental units under common ownership and subject to the <br /> smoking restrictions of Chapter 9.26; and in the event of a conflict between the <br /> Chapters 9.24 and 9.26 the stricter restrictions on smoking shall apply. <br /> 2. Retail tobacco stores. <br /> 3. Outdoor areas a reasonable distance from any area designated nonsmoking in <br /> this chapter. <br /> B. Notwithstanding any other provision of this section, any owner, operator, manager or <br /> other person who controls any establishment described in this section may declare that <br /> entire establishment as a nonsmoking establishment. <br />