§ 24-12.2. Smoking Restrictions in Multi-Unit Residential Rental Complexes.

a.

All new units in multi-unit residential rental complexes are hereby designated non-smoking units.

b.

All existing units in multi-unit rental complexes are hereby designated non-smoking units effective January 1, 2013, or when the legal occupants after the effective date of the ordinance codified in this section vacate a unit, whichever occurs first.

c.

Smoking is prohibited in any associated exclusive-use enclosed or unenclosed areas of a designated non-smoking unit, such as, for example, a private balcony, porch, deck, or patio.

d.

Smoking in a designated non-smoking unit, on or after January 1, 2013, is a violation of this subsection.

e.

Smoking is prohibited in all common areas except that a person with legal control over a common area, such as, for example, a landlord, may designate a portion of the common area as a designated smoking area provided that at all times the designated smoking area complies with Section 24-12.5b below.

f.

Required Lease Terms. Every lease or other agreement for the occupancy of a unit in a multi-unit rental complex shall include by January 1, 2013:

1.

A clause stating that smoking is prohibited in the non-smoking unit; and

2.

A clause stating that it is a material breach of the lease or agreement to:

(a)

Violate any law regulating smoking while on the premises;

(b)

Smoke in the non-smoking unit;

(c)

Smoke in any common areas in which smoking is prohibited.

g.

The California Apartment Association's Form 34.0, revised 1/11, meets the requirements required by subsection (f) above, and is an option for use to comply with this subsection.

h.

Whether or not a landlord complies with subsection (f) above, the clauses required by that subsection shall be implied and incorporated by law into every agreement to which they apply.

i.

A tenant who breaches the smoking regulations of a lease or knowingly allows another person to do so shall be liable to: (i) the landlord; and (ii) any occupant of the multi-unit residence who is exposed to secondhand smoke as a result of that breach. A landlord shall not be liable to any person for a tenant's breach of smoking regulations if the landlord has fully complied with the requirements of this section.

j.

Failure to enforce any smoking regulation of a lease or agreement on one (1) or more occasions shall not constitute a waiver of the lease or agreement provisions required by this section and shall not prevent future enforcement of any such smoking regulation on another occasion.

(Ord. No. 3038 N.S., § 1, 11-1-2011)