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Redwood City, California, City Code ATTY/2024/ORD.0012/CC ORD AMENDING MUNI CODE CH 15 (SMOKING REGULATIONS) – EXHIBIT D REV: 01-14-25 JB Page 3 of 7 Sec. 15.33. NO SMOKING PERMITTED IN COMMON AREAS EXCEPT IN DESIGNATED SMOKING AREAS: A. Smoking in a common area on or after January 1, 2018, other than in a designated smoking area established pursuant to subsection B., is a violation of this article. B. A person with legal control over a common area, such as, for example, a landlord or homeowners' association may designate a portion of the common area as a designated smoking area provided the designated smoking area complies with subsection C. at all times. C. A designated smoking area: 1. Must be an unenclosed area; 2. Must be at least twenty-five (25) feet from unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses; 3. Must be located at least twenty-five (25) feet from any nonsmoking area. The location of nonsmoking areas may change due to the new enactment of a law, execution of an agreement, or other event that affects the area's Smoking designation. If an event occurs that changes a Nonsmoking Area, a Person with legal control over a designated Smoking area within less than twenty-five (25) feet of that Nonsmoking Area must modify, relocate, or eliminate that designated Smoking area so as to maintain compliance with the requirements of subsection 2 above. In the case of a Nonsmoking Area on a neighboring property established only by private agreement or designation and not by this article or other law, it shall not be a violation of this article for a person with legal control to designate a smoking area within twenty-five (25) feet of the nonsmoking area unless they have actual knowledge of, or a reasonable person would know of, the private agreement or designation. It shall not be a violation of this article for a person to smoke within a nonsmoking area if the area is erroneously designated as a smoking area unless a reasonable person would know of the error; 4. Must be no more than ten (10) percent of the total unenclosed area of the multi-unit residence for which it is designated; 5. Must have a clearly marked perimeter; 6. Must be identified by conspicuous signs; and 7. Must not overlap any enclosed or unenclosed area where smoking is prohibited by this article or other law. D. No person with legal control over a common area in which smoking is prohibited by this article or other law shall knowingly permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking waste within a common area in which smoking is prohibited by this article or other law. (Ord. No. 2440, § 1, 11-13-17) Sec. 15.34. NONSMOKING BUFFER ZONES: A. Smoking is prohibited in adjacent unenclosed property within twenty-five (25) feet in any direction of any doorway, window, opening, or other vent into an enclosed area in a multi-unit residence. (Ord. No. 2440, § 1, 11-13-17)