The U.S. Centers for Disease Control
and Prevention reports that almost 50,000 deaths per year can be attributed
to secondhand smoke. The U.S. Surgeon General advises that the aerosol
from e-cigarettes can potentially expose bystanders to harmful substances.
There is a public health interest
in limiting exposure to secondhand smoke for residents of condominiums,
townhomes and other buildings with three or more attached units. While
the
California Building Code requires such residential units to have
separate heating, venting, and air conditioning systems to give residents
control of the air quality inside of their respective units, restricting
smoking on patios, balconies and in common areas will prevent secondhand
smoke exposure.
(Ord. 2229 §
2, 2022)
This chapter shall apply to property
with a building or buildings with three or more attached dwelling
units, which may be owner-occupied or leased, including condominiums,
townhomes, triplexes, and fourplexes.
(Ord. 2229 §
2, 2022)
The following words and phrases,
whenever used in this chapter, shall be defined as follows:
"Common area"
means the area of a subject property where residents of more
than one unit are entitled to enter or use, including, but not limited
to, halls, paths, lobbies, courtyards, elevators, stairs, community
rooms, playgrounds, swimming pools, parking garages, parking lots,
cooking areas, and eating areas.
"Electronic smoking device"
means an electronic cigarette or a similar device, including,
but not limited to, a device intended to simulate smoking, which permits
a person to inhale vapors or aerosols that may or may not contain
nicotine.
"Enclosed area"
means an area on a subject property enclosed by a roof and
walls on all sides with appropriate openings for ingress and egress,
windows, and ventilation.
"Landlord"
means any person who owns a condominium, townhome, or building
with three or more attached dwelling units, and who rents such a unit
to another person.
"Nonsmoking area"
means any enclosed area or unenclosed area in which smoking
is prohibited by: (1) this chapter or other law; (2) by binding agreement
relating to the ownership, occupancy, or use of the real property;
or (3) by designation of a person with legal control over the area.
"Person"
means any natural person, partnership, cooperative association,
corporation, personal representative, receiver, trustee, assignee,
or any other legal entity, including government agencies.
"Smoke"
means any vapors, gases, particles or other by-products released
into the air as a result of combustion, electrical ignition, or vaporization
when the apparent or usual purpose of the combustion, electrical ignition,
or vaporization is human inhalation of the byproducts, except when
the combusting or igniting or vaporizing material both contains no
tobacco or nicotine and the usual purpose of inhalation is solely
olfactory such as with the burning of incense. Smoke specifically
includes, but is not limited to, gases, particles, vapors, or other
by-products released by electronic smoking devices, tobacco cigarettes,
herbal cigarettes, marijuana cigarettes and any other type of cigarette,
pipe or other implement for the purpose of inhalation of vapors, gases,
particles or other by-products released as a result of combustion
or ignition or vaporization.
"Smoking" or "to smoke"
means inhaling, exhaling, burning or carrying any lighted,
heated or ignited cigar, cigarette, cigarillo, pipe, hookah, electronic
smoking devices or paraphernalia; or engaging in an act that generates
smoke; or lighting or igniting a pipe, a hookah pipe, a cigar, or
a cigarette of any kind including, but not limited to, an electronic
cigarette.
"Subject property"
means real property on which a condominium, townhome, or
building(s) or structure(s) with three or more attached dwelling units
is located.
"Tobacco" or "nicotine product"
means any substance containing tobacco leaf, including, but
not limited to, cigarettes, cigars, pipe tobacco, hookah tobacco,
or any other preparation of tobacco; and any electronic cigarette
or other electronic device used to generate smoke; and any product
or formulation of matter containing biologically active amounts of
nicotine that is manufactured, sold, offered for sale, or otherwise
distributed with the expectation that the product or matter will be
introduced into the human body, but does not include any cessation
product specifically approved by the United States Food and Drug Administration
for use in treating nicotine or tobacco dependence.
"Unit"
means a personal dwelling space for one or more persons at
a condominium, townhome, or building or structure with three or more
attached residences, and includes any associated exclusive use unenclosed
area, such as, for example, a private balcony, deck, fenced outdoor
area, patio, or porch.
(Ord. 2229 §
2, 2022)
Smoking is prohibited in:
A. Any exclusive use unenclosed area of a
unit, such as, for example: a private balcony, deck, fenced outdoor
area, patio or porch;
B. All common areas (both enclosed areas and
unenclosed areas).
(Ord. 2229 §
2, 2022)
Where smoking is prohibited under
this chapter:
A. No person shall smoke in any nonsmoking
area.
B. No person with legal control over any nonsmoking
area shall knowingly permit smoking in any nonsmoking area that is
under that person's control.
C. Persons who occupy a unit at the subject
property have a duty to advise and require their invitees and guests
to comply with this chapter.
D. No person shall intimidate or harass any
person who seeks compliance with this chapter. No person shall intentionally
or recklessly expose another person to smoke in response to that person's
effort to achieve compliance with this chapter.
E. Causing, permitting, aiding, or abetting
a violation of any provision of this chapter shall also constitute
a violation of this chapter.
(Ord. 2229 §
2, 2022)
A landlord has the option to incorporate
into the rental agreement for the occupancy of a unit on a subject
property a description of all areas on the subject property and leased
unit where smoking is allowed or prohibited.
(Ord. 2229 §
2, 2022)