The City Council has received a number of complaints from nonsmoker residents of multi-unit residences that residents who smoke in the project are causing secondhand smoke to intrude into the nonsmokers’ units.
a. 
The U.S. Surgeon General has concluded that there is no risk-free level of exposure to secondhand smoke.
b. 
The California Air Resources Board has placed secondhand smoke in the same category as the most toxic automotive and industrial air pollutants by categorizing it as a toxic air contaminant for which there is no safe level of exposure.
c. 
The California Environmental Protection Agency has included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer, birth defects and other reproductive harm.
The City Council, by enacting this article, intends to establish reasonable regulations to protect the public health, safety and welfare against the health hazards and harmful effects of the use of addictive tobacco products; and further to maintain a balance between the desires of persons who smoke and the need of nonsmokers to breathe smoke-free air, while recognizing that where these conflict, the need to breathe smoke-free air shall have priority. Because of the close proximity of living units in multi-unit residences, and sometimes due to shared heating, cooling and ventilation systems, and because of voids between units, secondhand smoke is a particularly sensitive issue to residents in multi-unit residences.
(Ord. 03-14, 2/11/2014)
"Landlord"
means any person who owns property let for residential use that is subject to this article and/or any person who manages such property.
"Multi-unit residence"
means a building that contains two or more dwelling units, including but not limited to apartments, condominiums, senior citizen housing, nursing homes and single occupancy hotels. A single-family home with an attached or detached second unit is not a multi-unit residence, nor is a mobile home park, or a marina.
"Multi-unit residence common area"
means any indoor or outdoor area of a multi-unit residence accessible to and usable by residents of different dwelling units, including but not limited to halls, lobbies, laundry rooms, common cooking areas, stairwells, outdoor eating areas, play areas, swimming pools and carports.
"Person"
means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity including governmental agencies.
"Project"
means a multi-unit residence, irrespective of the number of buildings or differing ownership thereof, which uses a common name or a common management.
"Smoke"
means the gases, particles or vapors released into the air as a result of combustion, when the apparent or usual purpose of the combustion is human inhalation of the byproducts, but not including smoke from incense where no tobacco, nicotine or marijuana is present. The term "smoke" includes, but is not limited to, tobacco smoke, marijuana smoke, and crack cocaine smoke.
"Smoking"
means engaging in an act that generates smoke, such as for example: possessing a lighted pipe, a lighted hookah pipe, a lighted cigar, or a lighted cigarette of any kind, including a lighted marijuana joint, pipe or other implement. "Smoking" includes smoking marijuana for medical or recreational purposes.
"Unit"
means a personal dwelling space.
(Ord. 03-14, 2/11/2014)
Smoking is prohibited, and landlords of multi-unit residences must prohibit smoking, in the following areas:
a. 
All multi-unit residence common areas, except that a landlord may designate a portion of an outdoor common area as a smoking area. A designated smoking area of an outdoor common area of a multi-unit residence must not overlap with any area where smoking is otherwise prohibited by local, State, or federal law; must be located at least twenty-five (25) feet in all directions from nonsmoking areas; must not include areas primarily used by children; must be no more than twenty-five percent (25%) of the total outdoor common area; must have a clearly marked perimeter; and must be identified by conspicuous signs.
b. 
All areas within twenty (20) feet of doors, windows, air ducts and ventilation systems, except while passing on the way to another destination.
c. 
All outdoor balconies, porches, decks, patios and carports.
d. 
All units designated as nonsmoking units by the landlord.
e. 
All dwelling units in any new multi-unit residence that receives a building permit on or after April 1, 2014.
(Ord. 03-14, 2/11/2014)
In a multi-unit residence where units are rented or leased to tenants, the owner and manager of the project shall do all of the following:
a. 
Designate units where smoking is prohibited and where smoking is permitted, although all units may be designated as nonsmoking. To the extent practicable, in the judgment of the landlord, smoking-permitted units and smoking-prohibited units should be separated so as to minimize the intrusion of secondhand smoke into nonsmoking units. Once a unit has been designated by the landlord as a nonsmoking unit, it may not revert to or be designated as a smoking-permitted unit. If a tenant who is a smoker vacates a smoking-designated unit, the landlord can determine whether to re-designate that unit as non-smoking, or to retain the smoking-permitted designation.
b. 
Maintain and keep on file at the premises: (1) a list of all designated non-smoking units at the project; and (2) a floor plan of the project that identifies the location of all designated nonsmoking units, any units where smoking is permitted, and any designated outdoor smoking areas.
c. 
Disclose whether a policy for handling smoking complaints is in effect at the project, and if so, the terms of that policy.
d. 
Provide a copy of the list and floor plan and a copy of the policy addressing smoking complaints in effect at a multi-unit residence to each tenant along with every new lease or rental agreement for the occupancy of a unit in a multi-unit residence.
e. 
Make available upon request to the City for inspection at reasonable times the documents specified above.
(Ord. 03-14, 2/11/2014)
a. 
Commencing not later than the operative date of the ordinance codified in this article, every lease and other rental agreement for the occupancy of a dwelling in a multi-unit residence that is entered into, renewed or continued month-to-month must include the terms specified in subsection (b) of this section on the earliest possible date allowed by law after providing legal notice.
b. 
Required Terms.
1) 
For any multi-unit residence where the landlord has designated separate smoking and nonsmoking dwelling units, a clause stating that smoking is prohibited in all dwelling units that have been designated as nonsmoking units and in common areas must be included in the written agreements specified in subsection (a) of this section.
2) 
For any multi-unit residence where the landlord has prohibited smoking in all dwelling units, a clause stating that smoking is prohibited in all dwelling units and common areas must be included in the written agreements specified in subsection (a) of this section.
3) 
A clause stating that it is a material breach of the lease or rental agreement to: (a) violate any law regarding smoking while on the premises; (b) smoke in a nonsmoking dwelling unit; or (c) smoke in any project common area where smoking is prohibited, must be included in the written agreements specified in subsection (a) of this section.
c. 
Lawful use of the California Apartment Association’s Form 34.0, revised January 2014, and as amended from time to time, may be used to comply with this section.
d. 
A landlord’s failure to enforce any smoking regulation of a lease or agreement on one or more occasions does not constitute a waiver of the lease or agreement provisions required by this section, and does not prevent future enforcement of the lease or agreement provisions required by this section.
e. 
A landlord is not liable under this article to any person for a tenant’s breach of smoking regulations if:
1) 
The landlord has fully complied with all provisions of this article; and
2) 
Upon receiving a signed written complaint regarding prohibited smoking, the landlord provides a warning to the offending tenant, stating that the tenant may be evicted if another complaint is received. Upon receiving a second signed, written complaint against the offending tenant, the landlord may evict the tenant or pursue other legal remedies available, but is not liable for failure to do so; and
3) 
The landlord maintains copies of the items specified in subsection (e)(2) of this section and makes such copies available upon request by the City at reasonable times.
(Ord. 03-14, 2/11/2014)
Not later than the operative date of the ordinance codified in this article, each landlord shall post signs pursuant to this section.
a. 
Signs shall have letters of no less than one inch in height or shall feature the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).
b. 
Signs shall be posted at each point of ingress into the multi-unit residence and at least one other conspicuous place in the common area.
c. 
If the landlord wishes to recite the Oakley Municipal Code provisions relating to smoking, the sign may reference "Oakley Municipal Code Title 4 Chapter 19."
d. 
The presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter.
(Ord. 03-14, 2/11/2014)
A person who owns, manages, operates or otherwise controls the use of any place where smoking is prohibited by this article may not knowingly or intentionally permit smoking in places where smoking is prohibited. For purposes of this section, a person has acted knowingly or intentionally if he or she has not taken the following actions to prevent smoking by another person: (a) requested that the person refrain from smoking; (b) requested that a person who is smoking leave the place if the person refuses to stop smoking after being asked to stop; (c) not complied with the requirements of this article. This section does not require the physical ejecting of a person from a place or taking steps to prevent smoking under circumstances that would involve a risk of physical harm.
Noncompliance with the terms of this article is a public nuisance and is subject to the enforcement and remedy provisions contained in this code.
(Ord. 03-14, 2/11/2014)