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C. Private outdoor areas are the exclusive use unenclosed areas of a unit such as a private balcony, deck, fenced outdoor area, patio, or porch utilized by the resident(s) of one unit. (See Attachment 1, proposed §9.27.025.) One purpose of the proposed ordinance is to prohibit smoking in shared common areas so that residents and their guests are not exposed to secondhand smoke in indoor or outdoor common areas. A second purpose is to prevent the drift of secondhand smoke from private exclusive use outdoor areas of one unit into either the shared common area or the exclusive use outdoor areas of another unit. The proposed ordinance specifically does not restrict smoking inside of a unit. This is based on discussions with the City's Building and Safety Division which advises that under the California Building Code, condominiums and townhomes already are required to have separate ventilation systems. This practically allows each household to control their own heating and air conditioning levels. Therefore, units do not share indoor air through ventilation systems, so secondhand smoke from indoor smoking poses less of a risk to persons in other units. There are also practical enforcement considerations, described below, when trying to ban a behavior inside someone's home which cannot be readily observed. However, if the City wishes to consider prohibiting smoking inside of units, optional language is provided in Attachment 2 modifying the proposed §§9.27.010 and 9.27.025. Other Tri-Valley Communities. The following is an overview of smoking restrictions for other multi-family ownership housing in the Tri-Valley: Housing Units Areas Smoking Enforcement Covered Restricted Dublin No smoking restrictions for ownership housings Livermore No restrictions No smoking inside - Infraction with $100 fine for 1st Buildings with of units, private violation, then fine increases with Danville three or more outdoor areas, and more violations units - Private enforcement common areas - Tenants responsible for guests Buildings with No smoking in - Infraction with $100 fine for 1st San private outdoor Ramon two or more areas and common violation, then fine increases with units more violations areas Enforcement. Similar to when a person violates other provisions of the Municipal Code, a violation of the proposed smoking restrictions would be subject to a staff-issued administrative citation. (See Attachment 1, proposed §9.27.040.) That results in a $100 The City of Dublin's Assistant Community Development Director, Kristie Wheeler, advises that only rental apartments with 16 or more rental units have smoking restrictions. Page 3 of 5