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8.A. - Page 13 <br />5. Must have a clearly marked perimeter; <br />6. Must be identified by conspicuous signs; and <br />7. Must not overlap any Enclosed or Unenclosed Area where Smoking is <br />prohibited by this article or other law. <br />D. No Person with legal control over a Common Area in which Smoking is prohibited <br />by this article or other law shall knowingly permit the presence of ash trays, ash <br />cans, or other receptacles designed for or primarily used for disposal of Smoking <br />waste within a Common Area in which Smoking is prohibited by this article or other <br />law. <br />Sec. 15.34. — NONSMOKING BUFFER ZONES. <br />A. Smoking is prohibited in Adjacent Unenclosed Property within twenty-five (25) feet <br />in any direction of any doorway, window, opening, or other vent into an Enclosed <br />Area of a Multi -Unit Residence. <br />Sec. 15.35. — REQUIRED AND IMPLIED LEASE TERMS FOR ALL NEW AND <br />EXISTING UNITS IN MULTI -UNIT RESIDENCES. <br />A. Every lease or other rental agreement for the occupancy of a Unit in a Multi -Unit <br />Residence, entered into, renewed, or continued month-to-month after January 1, <br />2018 shall include the provisions set forth in paragraph B below on the earliest <br />possible date when such an amendment is allowable by law when providing the <br />minimum legal notice. <br />B. Every lease or other rental agreement for the occupancy of a Unit in a Multi -Unit <br />Residence, entered into, renewed, or continued month-to-month after January 1, <br />2018 shall be amended to include the following provisions: <br />1. A clause providing that as of January 1, 2018 it is a material breach of the <br />agreement to allow or engage in Smoking in the Unit, including exclusive -use <br />areas such as balconies, porches, or patios. Such a clause might state, "It is a <br />material breach of this agreement for tenant or any other person subject to the <br />control of the tenant to engage in smoking in the unit or exclusive use areas <br />such as balconies, porches, or patios as of January 1, 2018." <br />Page 7 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING <br />REV: 09-27-17 RL <br />