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9.27.010
<br /> 262-5 (Pleasanton Supp. No. 28, 7-22)
<br />Chapter 9.27
<br />
<br />RESTRICTIONS ON SMOKING AT
<br />CONDOMINIUMS, TOWNHOMES AND
<br />BUILDINGS WITH THREE OR MORE
<br />ATTACHED UNITS
<br />
<br />Sections:
<br />9.27.010 Purpose and findings.
<br />9.27.015 Application of chapter.
<br />9.27.020 Definitions.
<br />9.27.025 Smoking prohibited at balconies,
<br />decks, fenced outdoor areas, patios,
<br />porches, and common areas.
<br />9.27.030 Additional smoking-related
<br />prohibitions.
<br />9.27.035 Optional lease terms.
<br />9.27.040 Penalties and enforcement.
<br />9.27.045 Private enforcement.
<br />9.27.050 Interpretation.
<br />
<br />9.27.010 Purpose and findings.
<br /> The U.S. Centers for Disease Control and Preven-
<br />tion reports that almost 50,000 deaths per year can be
<br />attributed to secondhand smoke. The U.S. Surgeon Gen-
<br />eral advises that the aerosol from e-cigarettes can poten-
<br />tially expose bystanders to harmful substances.
<br /> There is a public health interest in limiting expo-
<br />sure to secondhand smoke for residents of condomini-
<br />ums, townhomes and other buildings with three or more
<br />attached units. While the California Building Code re-
<br />quires such residential units to have separate heating,
<br />venting, and air conditioning systems to give residents
<br />control of the air quality inside of their respective units,
<br />restricting smoking on patios, balconies and in common
<br />areas will prevent secondhand smoke exposure. (Ord.
<br />2229 § 2, 2022)
<br />
<br />9.27.015 Application of chapter.
<br /> This chapter shall apply to property with a build-
<br />ing or buildings with three or more attached dwelling
<br />units, which may be owner-occupied or leased, includ-
<br />ing condominiums, townhomes, triplexes, and four-
<br />plexes. (Ord. 2229 § 2, 2022)
<br />
<br />9.27.020 Definitions.
<br /> The following words and phrases, whenever used
<br />in this chapter, shall be defined as follows:
<br /> A. “Common area” means the area of a subject
<br />property where residents of more than one unit are enti-
<br />tled to enter or use, including, but not limited to, halls,
<br />paths, lobbies, courtyards, elevators, stairs, community
<br />rooms, playgrounds, swimming pools, parking garages,
<br />parking lots, cooking areas, and eating areas.
<br /> B. “Electronic smoking device” means an elec-
<br />tronic cigarette or a similar device, including, but not
<br />limited to, a device intended to simulate smoking, which
<br />permits a person to inhale vapors or aerosols that may or
<br />may not contain nicotine.
<br /> C. “Enclosed area” means an area on a subject
<br />property enclosed by a roof and walls on all sides with
<br />appropriate openings for ingress and egress, windows,
<br />and ventilation.
<br /> D. “Landlord” means any person who owns a
<br />condominium, townhome, or building with three or
<br />more attached dwelling units, and who rents such a unit
<br />to another person.
<br /> E. “Nonsmoking area” means any enclosed
<br />area or unenclosed area in which smoking is prohibited
<br />by: (1) this chapter or other law; (2) by binding agree-
<br />ment relating to the ownership, occupancy, or use of the
<br />real property; or (3) by designation of a person with le-
<br />gal control over the area.
<br /> F. “Person” means any natural person, partner-
<br />ship, cooperative association, corporation, personal rep-
<br />resentative, receiver, trustee, assignee, or any other legal
<br />entity, including government agencies.
<br /> G. “Smoke” means any vapors, gases, particles
<br />or other by-products released into the air as a result of
<br />combustion, electrical ignition, or vaporization when the
<br />apparent or usual purpose of the combustion, electrical
<br />ignition, or vaporization is human inhalation of the by-
<br />products, except when the combusting or igniting or
<br />vaporizing material both contains no tobacco or nicotine
<br />and the usual purpose of inhalation is solely olfactory
<br />such as with the burning of incense. Smoke specifically
<br />includes, but is not limited to, gases, particles, vapors, or
<br />other by-products released by electronic smoking de-
<br />vices, tobacco cigarettes, herbal cigarettes, marijuana
<br />cigarettes and any other type of cigarette, pipe or other
<br />implement for the purpose of inhalation of vapors,
<br />gases, particles or other by-products released as a result
<br />of combustion or ignition or vaporization.
<br /> H. “Smoking” or “to smoke” means inhaling,
<br />exhaling, burning or carrying any lighted, heated or ig-
<br />nited cigar, cigarette, cigarillo, pipe, hookah, electronic
<br />smoking devices or paraphernalia; or engaging in an act
<br />that generates smoke; or lighting or igniting a pipe, a
<br />hookah pipe, a cigar, or a cigarette of any kind includ-
<br />ing, but not limited to, an electronic cigarette.
<br /> I. “Subject property” means real property on
<br />which a condominium, townhome, or building(s) or
<br />structure(s) with three or more attached dwelling units is
<br />located.
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