RulesCommunications Highlights 2009 0526

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4-12-210 EXCEPTIONS. (a) Unless otherwise prohibited by law, Smoking is permitted in the following Enclosed places: (1) Significant Tobacco Retailers, if at all times minors are prohibited from entering the store; (2) Private residential units, except those used as a child care or health care facility subject to licensing requirements; and (3) Up to twenty-five percent (25%) of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that seventy-five percent (75%) or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "No Smoking" signage shall be posted in nonsmoking rooms. (b) Unless otherwise prohibited by law, Smoking is permitted in the following Unenclosed places: (1) Golf course greens, fairways and trails. ARTICLE 3. PROHIBITION OF SMOHING IN MULTI-UNIT RESIDENCES. 4-12-300 PROHIBITION IN IVIULTI-UNIT RESIDENCES. No person shall Smoke or knowingly permit Smoking in an area of the premises under his or her legal or de facto control in which Smoking is prohibited by a lease or agreement term, by this Chapter, this code, or any other state or federal law; provided, however, that this prohibition does not apply to a person who is already compelled to act under state or federal law. 4-12-305 PROHIBITION IN NEW MULTI-UNIT RESIDENCES BUILT WITH FINANCING FROM THE CITY. All multi-unit residential complexes developed for residential rental purposes that are funded wholly or partially with financial assistance from the City of San Leandro or the San Leandro Redevelopment Agency that receives a building permit after the effective date of this ordinance shall be entirely non-smoking, except for Unenclosed common areas that have been designated as smoking areas in accordance with this code. 4-12-310 DUTIES OF LANDLORDS. (a) In every multi-unit residence, at least fifty percent (50%) of the units (including private outdoor spaces associated with such units, such as balconies, patios, and decks), must be designated as nonsmoking units by (30 months after effective date of the ordinance -date to determined upon ttdoption); (b) Nonsmoking units must be contiguously grouped together both horizontally and vertically and physically separated from Smoking units to the maximum extent practicable; (c) Landlords shall, within ninety (90) days of the effective date of the Chapter which adopted this Section, notify each unit of its implementation schedule and plan for complying with this Section; (d) Smoking is prohibited in nonsmoking units in multi-unit residences; (e) Landlords may designate a higher percentage of nonsmoking units or do so within an earlier time frame than required under Subsection (a) of this Section. 5