8.40.050 Smoking prohibited – Multiunit residences.
(1) Smoking is prohibited in the following areas within multiunit residences in the city:
(a) Dwelling Units. Except as otherwise provided by this chapter or by state or federal law, no person shall smoke or otherwise permit, allow, or suffer smoking within any dwelling unit that adjoins another dwelling unit or interior common area within a multiunit residence.
(i) Exceptions.
(A) If a dwelling unit that adjoins another dwelling unit or interior common area within a multiunit residence is subject to a lease or other rental agreement and smoking is authorized under the lease or rental agreement, smoking is permitted within the dwelling unit until the lease or rental agreement is modified to prohibit smoking in accordance with subsection (2) of this section.
(B) If a dwelling unit that adjoins another dwelling unit or interior common area within a multiunit residence is owner-occupied, smoking is permitted in the owner-occupied dwelling unit until the owner ceases occupancy of the dwelling unit or until January 1, 2019, whichever occurs first.
(b) Common Areas. Except as otherwise provided by this chapter or by state or federal law, no person shall smoke or otherwise permit, allow, or suffer smoking within any common area of any multiunit residence.
(i) Exception.
(A) City-Approved Designated Smoking Area. Notwithstanding the provisions of this section, the owner of a multiunit residence or an agent thereof may designate a portion of a common area at a multiunit residence to be a designated smoking area; provided, that the designated smoking area complies with the following:
1. Must be an unenclosed area;
2. Must be located at least 20 feet from any common area where smoking is prohibited and from any window, door, vent, or other opening into any dwelling unit or other enclosed common area where smoking is prohibited;
3. Must be located at least 20 feet from any common area either primarily used by children or otherwise designed to facilitate physical activity (including, but not limited to, playgrounds, tennis courts, and swimming pools);
4. Must be no more than 10 percent of the total unenclosed common area of the multiunit residence for which it is being established;
5. Must have a clearly marked perimeter;
6. Must be identified by conspicuous signs with lettering of not less than one inch in height stating “Designated Smoking Area Pursuant to CMC 8.40.050(1)(b)(i)(A)” or other language approved by the city manager or designee thereof;
7. Must be approved in writing by the city manager, or designee thereof, who shall approve any request for a designated smoking area if smoking in that area is not otherwise prohibited by federal, state, county, and/or local law and otherwise adheres to the requirements of subsection (1)(b)(i)(A) of this section. The city manager or designee thereof is authorized to require modification or elimination of designated smoking areas as laws change, as binding agreements are created, and as other nonsmoking areas on the same property or adjacent public or private properties are established.
Nothing in this section requires an owner of a multiunit residence to designate a smoking area.
(2) Required Lease Terms.
(a) Commencing immediately, every lease or other rental agreement for the occupancy of a dwelling unit that adjoins another dwelling unit or interior common area within a multiunit residence entered into, renewed, or continued month-to-month shall include the following terms on the earliest possible date allowed by law after providing any required legal notice:
(i) A clause stating that smoking is prohibited within any dwelling unit that adjoins another dwelling unit or interior common area within a multiunit residence and all common areas of a multiunit residence (except for city-approved designated smoking areas), and a reference to this section;
(ii) A clause stating that it is a material breach of the lease or rental agreement to cause, permit, aid, abet, or conceal smoking within any dwelling unit that adjoins another dwelling unit or interior common area within a multiunit residence and any common area of a multiunit residence other than a city-approved designated smoking area or where otherwise allowed by law; and
(iii) A clause stating that all lawful occupants of any unit in the multiunit residence are third-party beneficiaries of the clauses required by subsections (2)(a)(i) and (2)(a)(ii) of this section.
(b) The lease or agreement terms required by subsection (2)(a) of this section are incorporated by force of law into any lease or other agreement for the occupancy of a unit in a multiunit residence made on or after the effective date of the ordinance codified in this section which lease does not fully comply with subsection (2)(a) of this section. (Ord. 694 § 1, 2018).