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Page 6 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING <br />REV: 11-02-17 RL <br />Sec. 15.33. – NO SMOKING PERMITTED IN COMMON AREAS EXCEPT IN <br />DESIGNATED SMOKING AREAS. <br /> <br />A. Smoking in a Common Area on or after January 1, 2018, other than in a designated <br />Smoking area established pursuant to paragraph B below, is a violation of this <br />article. <br /> <br />B. A Person with legal control over a Common Area, such as, for example, a Landlord <br />or homeowners’ association may designate a portion of the Common Area as a <br />designated Smoking area provided the designated Smoking area complies with <br />paragraph C below at all times. <br /> <br />C. A designated Smoking area: <br /> <br />1. Must be an Unenclosed Area; <br /> <br />2. Must be at least twenty-five (25) feet from Unenclosed Areas primarily used by <br />children and Unenclosed Areas with improvements that facilitate physical <br />activity including, for example, playgrounds, tennis courts, swimming pools, <br />and school campuses; <br /> <br />3. Must be located at least twenty-five (25) feet from any Nonsmoking Area. The <br />location of Nonsmoking Areas may change due to the new enactment of a law, <br />execution of an agreement, or other event that affects the area’s Smoking <br />designation. If an event occurs that changes a Nonsmoking Area, a Person <br />with legal control over a designated Smoking area within less than twenty-five <br />(25) feet of that Nonsmoking Area must modify, relocate, or eliminate that <br />designated Smoking area so as to maintain compliance with the requirements <br />of subsection 2 above. In the case of a Nonsmoking Area on a neighboring <br />property established only by private agreement or designation and not by this <br />article or other law, it shall not be a violation of this article for a Person with <br />legal control to designate a Smoking area within twenty-five (25) feet of the <br />Nonsmoking Area unless they have actual knowledge of, or a reasonable <br />person would know of, the private agreement or designation. It shall not be a <br />violation of this article for a Person to Smoke within a Nonsmoking Area if the <br />area is erroneously designated as a Smoking area unless a reasonable person <br />would know of the error; <br /> <br />4. Must be no more than ten percent (10%) of the total Unenclosed Area of the <br />Multi-Unit Residence for which it is designated; <br />6.4.A. - Page 8