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Page 10 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING <br />REV: 11-02-17 RL <br />i. all Units are designated nonsmoking Units and Smoking will be illegal in all <br />Units, including any associated exclusive-use Enclosed Area or <br />Unenclosed Area, such as, for example, a private balcony, porch, deck, or <br />patio, as of January 1, 2019; and <br /> <br />ii. Smoking in all Common Areas, except for specifically designated Smoking <br />areas, will be a violation of this article as of January 1, 2019. <br /> <br />3. As of January 1, 2018 every seller of an Existing Unit in a Multi-Unit Residence <br />shall provide prospective buyers with written notice clearly stating that: <br />i. all Units are designated nonsmoking Units and Smoking will be illegal in all <br />Units, including any associated exclusive-use Enclosed Area or <br />Unenclosed Area, such as, for example, a private balcony, porch, deck, or <br />patio, as of January 1, 2019; and <br /> <br />ii. Smoking in all Common Areas, except for specifically designated Smoking <br />areas, will be a violation of this article as of January 1, 2019. <br /> <br />4. Smoke-Free Residences are exempt from the noticing requirements of <br />subsections 1, 2, and 3 above. <br /> <br />C. 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 /> <br />D. 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 /> <br />Sec. 15.37. – SMOKING AND SMOKE GENERALLY. <br /> <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 />6.4.A. - Page 12