§ 24-12.6. Prohibitions and Duties Generally.

a.

Smoking is prohibited in any non-smoking area of a multi-unit residence established by this section.

b.

No person shall knowingly permit smoking in an area of the premises under his or her legal or de facto control in which smoking is prohibited by this section, this Code, or any other state or federal law provided, however, that this prohibition shall not apply to a person who is already compelled to act under state or federal law.

c.

No person shall knowingly permit the presence or placement of ash trays, cans, or other receptacles within multi-unit residence common areas under his or her legal or de facto control in which smoking is prohibited by this section, this Code, or any other state or federal law.

d.

"No smoking" signs shall be clearly and conspicuously posted in multi-unit residence common areas, at every entrance, and on every floor where smoking is prohibited by this section or by other law. Such signs shall be maintained by the person or persons with legal control over the multi-unit residence common areas, entrances and floors. Signs must be posted in sufficient numbers and locations in the multi-unit residence common areas and at entrances and floors to make areas where smoking is prohibited obvious to a reasonable person. Signs are not required at the individual entrance of each multi-unit residence. The absence of signs shall not be a defense to a violation of any provision of this section.

e.

This section shall not create additional liability for a landlord for a person's violation of this section, provided that the landlord has fully complied with the required disclosures, sign posting, and other provisions of this section.

f.

The provisions of this section are restrictive only and establish no new rights for a smoker.

g.

Notwithstanding any provision of this section or other provisions of this code, or failure to restrict smoking under this section, including any explicit or implicit provision that allows smoking, nothing in this section shall operate to limit any person's legal rights under other laws with regard to smoking, including, for example, claims of nuisance, trespass, property damage, and personal injury.

(Ord. No. 3038 N.S., § 1, 11-1-2011)