Laserfiche WebLink
4-12-200 PROHIBITION IN ENCLOSED PLACES. Smoking shall be prohibited in the <br />following Enclosed places within the City of San Leandro except in places listed in Section 4-12- <br />210, and except in such places in which Smoking is already prohibited by state or federal law in <br />which case the state or federal law applies: <br />(a) Public Places; <br />(b) Places of Employment; <br />(c) Multi-Unit Residence Common Areas; <br />(d) Enclosed areas adjacent to an Enclosed area in which Smoking is <br />prohibited by any other section of this code, state law, or federallaw and that have a common or <br />shared air space such as, without limitation, openings, cracks, air ventilation systems, doorways, <br />hallways, and stairways. Notwithstanding any other provision, the fact that smoke enters one <br />Enclosed area from another Enclosed area is conclusive proof that the areas share a common or <br />shared air space; <br />(e) Enclosed areas that have a common or shared ventilation, air conditioning <br />or heating system with an Enclosed area in which Smoking is prohibited. Notwithstanding any <br />other provision, the fact that smoke enters one Enclosed area from another Enclosed area is <br />conclusive proof that the areas share a common or shared air space. <br />4-12-205 PROHIBITION IN UNENCLOSED PLACES. Smoking shall be prohibited in <br />the following Unenclosed places within the City of San Leandro, except in such places in which <br />Smoking is already prohibited by state or federal law in which case the state or federal law <br />applies: <br />(a) Places of Employment; <br />(b) Service Areas; <br />(c) Public Places, including Dining Areas; <br />(d) Ticket, boarding, and waiting areas of transit depots and bus stops; <br />(e) City and private parks, playgrounds, athletic facilities, and golf practice facilities <br />(i.e. driving range and practice putting green); <br />(f) The sites of public events including but not limited to, for example, sports events, <br />entertainment, speaking performances, ceremonies, pageants, farmers' markets, festivals, <br />carnivals, and fairs; and. <br />(g) Multi-Unit Residence Common Areas, except that a Landlord may designate a <br />portion of the outdoor area of the premises as a Smoking area as provided in paragraph (1) <br />below: <br />(1) A designated Smoking area: <br />a. Must be located a Reasonable Distance from any indoor area where <br />smoking is prohibited; <br />b. Must not include, and must be a Reasonable Distance from, outdoor areas <br />primarily used by children including, but not limited to, areas improved or <br />designated for play or swimming; <br />c. Must be no more than 25% of the total outdoor common area of the <br />premises for which it is designated; <br />d. Must have a clearly marked perimeter; <br />e. Must be identified by conspicuous signs; and <br />f. Must not overlap with any area in which Smoking is otherwise prohibited <br />by this chapter or other provisions of this Code, state law, or federal law. <br />4 <br />