§ 24-12.4. No Smoking Buffer Zones and Designated Smoking Areas.

a.

Smoking is prohibited in unenclosed areas of a multi-unit residence, including balconies, porches, decks, patios, and courtyards, within twenty (20') feet in any direction of any doorway, window, opening, or other vent into an enclosed area that is a non-smoking area.

b.

A person with legal control over a common area, such as, for example, a landlord or homeowners' association, may designate a portion of the common area as a designated smoking area provided that at all times the designated smoking area complies with the following provisions:

1.

Must be an unenclosed area.

2.

Must be located at least twenty (20') feet from any enclosed area that is a non-smoking area. A person with legal control over a common area in which a designated smoking area has been designated shall modify, relocate or eliminate that designated smoking area so as to maintain compliance with the requirements of this section as laws change, as binding agreements are created, and as non-smoking areas on neighboring property are established.

3.

Must be at least twenty (20') feet from unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, and swimming pools.

4.

Must be no more than ten (10%) percent of the total unenclosed area of the multi-unit residence for which it is designated.

5.

Must have a clearly marked perimeter.

6.

Must be identified by conspicuous signs.

7.

The person with legal control over a common area in which a smoking area has been designated by this section may permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking waste within the area.

8.

Clear and unambiguous "no smoking" signs shall be posted in sufficient numbers and locations to make common areas where smoking is prohibited by this section or other law obvious to a reasonable person. Such signs shall be maintained by the person or persons with legal control over the common areas. The absence of signs shall not be a defense to a violation of any provision of this section.

(Ord. No. 3038 N.S., § 1, 11-1-2011)