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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 6 of 7 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. Smoking in a nonsmoking area prohibited: No person with legal control over any nonsmoking area shall permit smoking in the nonsmoking area, except as provided in subsection A. of Section 15.33. (Ord. No. 2440, § 1, 11-13-17) 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, trespass, property damage, and personal injury or other legal or equitable principles. B. Nonconsensual exposure to smoke occurring on or drifting into residential property is a nuisance, and the uninvited presence of smoke on residential property is a nuisance and a trespass. (Ord. No. 2440, § 1, 11-13-17) Sec. 15.38. PROHIBITIONS APPLY TO CANNABIS: California Health and Safety Code Sections 11362.3(a) (2) and 11362.79(a), as may be amended or renumbered from time to time, prohibit smoking cannabis wherever smoking tobacco is prohibited. The prohibitions on smoking in multi-unit residences found in this article expressly apply to the smoking of cannabis. (Ord. No. 2440, § 1, 11-13-17) Sec. 15.39. PENALTIES AND ENFORCEMENT: A. The remedies provided by this article are cumulative and in addition to any other remedies available at law or in equity. B. Every instance of smoking in violation of this article is an infraction punishable as provided in Section 1.7. Other violations of this article may be prosecuted as infractions or misdemeanors when the interests of justice so require. Any peace officer or code enforcement official may enforce this chapter. C. Violations of this article are subject to a civil action brought by the City, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation. D. No person shall intimidate, harass, or otherwise retaliate against any person who seeks compliance with this article. Moreover, no person shall intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this article. Violation of this paragraph shall constitute a misdemeanor. E. Causing, permitting, aiding, or abetting a violation of any provision of this article shall also constitute a violation of this article. F. Any violation of this article Article is hereby declared to be a public nuisance.