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fine for the first violation, a $200 fine for the second violation within a year, and a $500 fine for subsequent violations within a year. The proposed ordinance also provides that: 1. Landlords need to inform their tenants of these smoking restrictions and include language in leases (see Attachment 1, proposed §9.27.035.); 2. Homeowners' associations can be contacted by City staff to assist with enforcement (see Attachment 1, proposed §9.27.040.C.2.); 3. Individuals can bring private civil actions (see Attachment 1, proposed §9.27.045.A.). A combination of private and City enforcement is recommended due to the ephemeral nature of smoking, and time needed for City staff to respond to complaints. Police Department and Code Enforcement staff advise that they will be better able to enforce smoking restrictions in common areas and private outdoor areas that can be observed from a public place. They say it would be challenging to enforce prohibitions in private indoor areas or inside of a unit. This is based, in part, on lack of probable cause to enter a home based only on a neighbor's complaint about smelling smoke.6 Staff would need permission to enter from the homeowner or tenant, during which time any alleged smoking would likely stop. For buildings with multiple units, a neighbor is not always accurate about their perception of the source of the smell of smoke. In the last year, City staff responded to about five to seven complaints monthly about alleged smoking violations. It would be expected that the proposed new restrictions would increase the number of complaints. Outreach. Letters were sent to known homeowners' associations for townhomes and condominiums, and their management companies, to advise them that these restrictions would be considered by Council. If adopted, staff would carry out further outreach to affected property owners and occupants. Effective Date. The proposed ordinance is recommended to go into effect July 1, 2022.' This would give affected members of the public the opportunity to become familiar with the new restrictions; let owners and homeowners' associations determine how the restrictions interface with existing private conditions, covenants and restrictions (CC&Rs); and allow landlords and tenants time to update their leases. In this recommended interim period, staff would make more information available on the City's Complaints about"personal conduct", like smoking restrictions, unfortunately sometimes provide an avenue for neighbors with personal disputes to get City staff involved by frequently calling to report alleged code violations. Being able to observe from a public place conduct in a common area or outdoor private area makes enforcement more practical for City staff, and less disruptive to occupants. If the Council wants the ordinance to go into effect as soon as possible, the ordinance can be introduced on 12/7/2021, adopted on 12/21/2021, and go into effective on 1/21/2022. Page 4 of 5