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11/13/2017 i. all Units are designated nonsmoking Units and Smoking will be illegal in all Units, including any associated exclusive -use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2019; and ii. Smoking in all Common Areas, except for specifically designated Smoking areas, will be a violation of this article as of January 1, 2019. 3. As of January 1, 2018 every seller of an Existing Unit in a Multi -Unit Residence shall provide prospective buyers with written notice clearly stating that: i. all Units are designated nonsmoking Units and Smoking will be illegal in all Units, including any associated exclusive -use Enclosed Area or Unenclosed Area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2019; and ii. Smoking in all Common Areas, except for specifically designated Smoking areas, will be a violation of this article as of January 1, 2019. 4. Smoke -Free Residences are exempt from the noticing requirements of subsections 1, 2, and 3 above. C. Clear and unambiguous "No Smoking" signs shall be posted in sufficient numbers and locations in Common Areas where Smoking is prohibited by this article or other law. In addition, signs shall be posted in sufficient numbers and locations in the Multi -Unit Residence to indicate that Smoking is prohibited in all Units. Such signs shall be maintained by the Person or Persons with legal control over the Common Areas. The absence of signs shall not be a defense to a violation of any provision of this article. "No Smoking" signs are not required inside or on doorways of Units. D. No Person with legal control over any Nonsmoking Area shall permit Smoking in the Nonsmoking Area, except as provided in paragraph A of Section 15.33. Sec. 15.37. — SMOKING AND SMOKE GENERALLY. A. The provisions of this article are restrictive only and establish no new rights for a Person who engages in Smoking. Notwithstanding (i) any provision of this article or of this Code, (ii) any failure by any Person to restrict Smoking under this article, or (iii) any explicit or implicit provision of this Code that allows Smoking in any place, nothing in this Code shall be interpreted to limit any Person's legal rights under other laws with regard to Smoking, including, for example, rights in nuisance, Page 10 of 12 ATTY/ORD.448/SMOKE-FREE HOUSING ORDINANCE NO. 2440 REV: 11-02-17 RL MUFF NO. 301