Laserfiche WebLink
8.A. - Page 16 <br />2. Smoking is prohibited in all Common Areas, except for specifically designated <br />Smoking areas, as of January 1, 2018. <br />D. Clear and unambiguous "No Smoking" signs shall be posted in sufficient numbers <br />and locations in Common Areas where Smoking is prohibited by this article or other <br />law. In addition, signs shall be posted in sufficient numbers and locations in the <br />Multi -Unit Residence to indicate that Smoking is prohibited in all Units. Such signs <br />shall be maintained by the Person or Persons with legal control over the Common <br />Areas. The absence of signs shall not be a defense to a violation of any provision <br />of this article. "No Smoking" signs are not required inside or on doorways of Units. <br />E. No Person with legal control over any Nonsmoking Area shall permit Smoking in <br />the Nonsmoking Area, except as provided in paragraph A of Section 15.33. <br />Sec. 15.37. — SMOKING AND SMOKE GENERALLY. <br />A. The provisions of this article are restrictive only and establish no new rights for a <br />Person who engages in Smoking. Notwithstanding (i) any provision of this article <br />or of this Code, (ii) any failure by any Person to restrict Smoking under this article, <br />or (iii) any explicit or implicit provision of this Code that allows Smoking in any <br />place, nothing in this Code shall be interpreted to limit any Person's legal rights <br />under other laws with regard to Smoking, including, for example, rights in nuisance, <br />trespass, property damage, and personal injury or other legal or equitable <br />principles. <br />B. Nonconsensual exposure to Smoke occurring on or drifting into residential property <br />is a nuisance, and the uninvited presence of Smoke on residential property is a <br />nuisance and a trespass. <br />Sec. 15.38. — PROHIBITIONS APPLY TO CANNABIS. <br />California Health and Safety Code Sections 11362.3(a)(2) and 11362.79(a), as may be <br />amended or renumbered from time to time, prohibit Smoking cannabis wherever Smoking <br />tobacco is prohibited. The prohibitions on Smoking in Multi -Unit Residences found in this <br />article expressly apply to the Smoking of cannabis. <br />Sec. 15.39. — PENALTIES AND ENFORCEMENT. <br />Page 10 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING <br />REV: 09-27-17 RL <br />