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