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Ordinance No. 2229 <br /> Page 5 of 6 <br /> K. "Unenclosed Area" means any area on a Subject Property that is not an <br /> Enclosed Area. <br /> L. "Unit" means a personal dwelling space for one or more Persons at a <br /> condominium, townhome, or building or structure with three or more attached <br /> residences, and includes any associated exclusive use Unenclosed Area, such as, for <br /> example, a private balcony, deck, fenced outdoor area, patio, or porch. <br /> 9.27.025 Smoking prohibited at balconies, decks, fenced outdoor areas, patios, <br /> porches, and common areas. <br /> Smoking is prohibited in: <br /> A. Any exclusive use Unenclosed Area of a Unit, such as, for example: a private <br /> balcony, deck, fenced outdoor area, patio or porch; <br /> B. All Common Areas (both Enclosed Areas and Unenclosed Areas). <br /> 9.27.030 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 that Person's control. <br /> C. Persons who occupy a Unit at the Subject Property have a duty to advise and <br /> require their invitees and guests to 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 Smoke in <br /> 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 /> 9.27.035 Optional lease terms. <br /> A Landlord has the option to incorporate into the rental agreement for the occupancy of <br /> a Unit on a Subject Property a description of all areas on the Subject Property and <br /> leased Unit where Smoking is allowed or prohibited. <br /> 9.27.040 Penalties and enforcement. <br /> A. Any Person who violates any provision of this chapter may be cited under <br /> Chapter 1.24 Administrative Citations of this code. <br /> 1. A first violation of the Smoking prohibitions in Section 9.27.025 will be subject <br /> to a warning. When available, City staff will endeavor to provide the Person <br /> with information about available Smoking cessation programs. <br /> B. This section is not intended to preclude or otherwise limit any other remedy <br /> available to the City by law or in equity, including remedies under Chapter 1.16 <br /> Injunctive Relief or 1.28 Administrative Remedies of this code. <br /> C. Prior to City staff undertaking any enforcement action for an alleged violation of <br /> this chapter: <br /> 5 <br />