§ 24-12.1. Definitions.

For the purposes of this section, the following definitions shall govern, in accord with state statute, unless the context clearly requires otherwise:

Cannabis means any and all parts of the plant cannabis sativa linnaeus, cannabis indica, or cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this section, "cannabis" does not mean "industrial hemp" as defined by Section 11018.5 of the Health and Safety Code.

Common area means every enclosed area or unenclosed area of a multi-unit residence that residents of more than one (1) unit of that multi-unit residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.

Common interest complex means a multi-unit residence that is a condominium project, a stock cooperative, or a planned development as defined by California Civil Code Section 1351.

Enclosed area means an area in which outside air cannot circulate freely to all parts of the area, and includes:

1.

Any covered or partially covered space having more than fifty (50%) percent of its perimeter area walled in or otherwise closed to the outside such as, for example, a covered porch with more than two (2) walls; or

2.

Any space open to the sky (hereinafter "uncovered") having more than seventy-five (75%) percent of its perimeter area walled in or otherwise closed to the outside such as, for example, a courtyard.

Landlord means any person who owns property let for residential use, any person who lets residential property, and any person who manages such property, except that "landlord" does not include sublessors.

Multi-unit residence means any premises that contains two (2) or more units.

New unit means a unit that is issued a certificate of occupancy after the effective date of the ordinance codified in this section.

No smoking sign means a sign with letters of no less than one (1) inch in height or which contains the international "no smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar).

Non-smoking area means any enclosed area or unenclosed area of a multi-unit residence in which smoking is prohibited by: (1) this section or other law; (2) by binding agreement relating to the ownership, occupancy, or use of real property; or (3) by designation of a person with legal control over the area. In the case of a smoking prohibition established only by private agreement or designation and not by this section or other law, it shall not be a violation of this section for a person to engage in smoking or to allow smoking in that area unless: (1) the person knows that smoking is not permitted; or (2) a reasonable person would know that smoking is not permitted.

Person means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity, including government agencies.

Premises means a piece of land and any improvements upon it such as is usually described in a deed, deed of trust or mortgage, and includes legally separate but contiguous pieces of land that are owned by the same natural person or by legal persons under common control, with the exception of contiguous parcels that each have only one (1) detached single-family residence.

Rental complex means a multi-unit residence for which fifty-one (51%) percent or more of the units are let by or on behalf of the same landlord.

Smoking means possessing a lighted tobacco or cannabis product or lighted tobacco or cannabis paraphernalia, including but not limited to, a lighted pipe, lighted hookah pipe, lighted cigar, or lighted cigarette, including what is commonly referred to as electronic or e-cigarettes, or any device or product that delivers nicotine or cannabis. Smoking shall also include any nicotine-containing product, such as flavored tobacco, or any cannabis-containing product unless in accordance with state and local law, or any paraphernalia of any device or product that delivers nicotine (or other substances in tobacco) or cannabis, including cartridges, cartomizers, e-liquid, smoke juice, tips, atomizers, electronic smoking device batteries, electronic smoking device chargers, and any other item specifically designed for the preparation, charging, or use of any device or product that delivers nicotine (or other substances in tobacco) or cannabis.

Unenclosed area means any area that is not an enclosed area.

Unit means: (1) a dwelling space consisting of a group of rooms and including one (1) kitchen, a bath and sleeping quarters designed for and not occupied by more than one (1) family, and any private outdoor spaces like balconies and patios; and (2) senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code Section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. "Unit" does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2).

(Ord. No. 3038 N.S., § 1, 11-1-2011; Ord. No. 3202 N.S., § 2, 11-21-2017)