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11/13/2017 <br />residential tenant, except that "Landlord" does not include a tenant who sublets a Unit <br />(e.g., a sublessor). <br />MULTI -UNIT RESIDENCE: Means property containing two (2) or more Units, including, <br />but not limited to, duplexes, apartment buildings, condominium complexes, senior and <br />assisted living facilities, and long-term health care facilities. Multi -Unit Residence does <br />not include the following: <br />A. a hotel or motel that meets the requirements of California Civil Code section 1940, <br />subdivision (b)(2); <br />B. a mobile home park; <br />C. a campground; <br />D. a marina or port; <br />E. a single-family home, except if used as a child care or health care facility subject <br />to licensing requirements; and <br />F. a single-family home with a detached or attached in-law or second unit permitted <br />pursuant to California Government Code sections 65852.1, 65852.2 or Article 37 <br />of the City's zoning ordinance except if the single-family home or in-law/second <br />unit is used as a child care or health care facility subject to licensing requirements. <br />NEW UNIT: Means a Unit that is issued a certificate of occupancy after January 1, 2018. <br />NONSMOKING AREA: Means any Enclosed Area or Unenclosed Area in which Smoking <br />is prohibited by <br />A. this article or other law; <br />B. binding agreement relating to the ownership, occupancy, or use of real property; <br />or <br />C. designation of a Person with legal control over the area. <br />SMOKE: Means the gases, particles, or vapors released into the air as a result of <br />combustion, electrical ignition, or vaporization when the apparent or usual purpose of the <br />combustion, electrical ignition, or vaporization is human inhalation of the byproducts, <br />Page 4 of 12 <br />ATTY/ORD.448/SMOKE-FREE HOUSING ORDINANCE NO. 2440 <br />REV: 11-02-17 RL MUFF NO. 301 <br />