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<br />WHEREAS, sT~Klrererrs-fiince smoke ree housm is a new trend in Cali ornaa the _, ~- Fo~macted: Foie: r~m~~ NeW Roma, iz pc <br />----=----------f-------g--- -- - - ------ --- '----- <br />rights and obligations of rental housing owners and residents have not yet been litigated to the <br />extent that there is legal precedent. Further, while it is lawful to prohibit smoking on a <br />property, refusing to rent to smokers likely constitutes unlawful arbitrary discrimination. <br />.d;;r~efeas~.~'°'°~'°'' WHEREAS etistitr~ Sfate law suck as the im lied warranties o Formatted: Font: Times New Roman, tz pt <br />--~ ~ -------p----- -----f- -- <br />habitability and quiet enjoyment already provide substantial protections to all occupants of ` ~ Formatted: Font: rimes New Roman, tz pt <br />rental housing. <br />WHEREAS, d.'-:'ltereas-sue to the design and construction of San Leandro's exist_in_g ___ - Fo~marted: Fo~c r~m~ NeW Roma, iz pt ~% <br />rental housing stock, the ability to effectively implement a no smoking policy in individual <br />rental units varies at each building and rental complex within the City. In recognition of the <br />uniqueness of every dwelling in San Leandro, Landlords shall have the ability, at their sole <br />discretion, to designate or not designate any sections of the rental units as anon-smoking unit <br />NOW THEREFORE, the City Council of the City of San Leandro does ORDAIN as <br />follows: <br />SECTION I. AMENDMENT OF CODE. Chapter 4-12 of the San Leandro Municipal <br />Code is repealed in its entirety, and replaced to read as follows: <br />"SMOKING POLLUTION CONTROL <br />ARTICLE 1. GENERAL <br />4-12-100 PURPOSE AND INTENT. The intent of this Chapter is to provide for the <br />public health, safety, and welfare by discouraging the inherently dangerous behavior of tobacco <br />use around non-tobacco users; by protecting children from exposure to smoking and tobacco <br />while they play; by reducing the potential for children to associate smoking and tobacco with a <br />healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public <br />places. <br />4-12-105 DEFINITIONS. For the purposes of this Chapter the following defmitions shall <br />govern unless the context clearly requires otherwise: <br />(a) "Business" means any sole proprietorship, partnership, joint venture, corporation, <br />association, or other entity formed for profit-making purposes or that has an Employee, as <br />defined in this Section. <br />(b) "Dining Area" means any area available to or customarily used by the general <br />public, that is designed, established, or regularly used for consuming food or drink. <br />(c) "Employee" means any person who is employed; retained as an independent <br />contractor by any Employer, as defined in this Section; or any person who volunteers his or her <br />services for an Employer, association, nonprofit, or volunteer entity. <br />(d) "Employer" means any person, partnership, corporation, association, nonprofit or <br />other entity who employs or retains the service of one or more persons, or supervises volunteers. <br />(e) "Enclosed" means: <br />