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4-12-205 PROHIBITION IN UNENCLOSED PLACES. Smoking shall be prohibited in the following Unenclosed places within the City of San Leandro, except in such places in which Smoking is already prohibited by state or federal law in which case the state or federal law applies: (a) Places of Employment; (b) Service Areas; (c) Public Places, including Dining Areas; (d) Ticket, boarding, and waiting areas of transit depots and bus stops; (e) City and private parks, playgrounds, athletic facilities, and golf practice facilities (i.e. driving range and practice putting green); (f) The sites of public events including but not limited to, for example, sports events, entertainment, speaking performances, ceremonies, pageants, farmers' markets, festivals, carnivals, and fairs; and_ (g) Multi-Unit Residence Common Areas, except that a Landlord may designate a portion of the outdoor area of the premises as a Smoking area as provided in paragraph (1) below: (1) A designated Smoking area: a. Must be located a Reasonable Distance from any indoor area where smoking is prohibited; b. Must not include, and must be a Reasonable Distance from, outdoor areas primarily used by children including, but not limited to, areas improved or designated for play or swimming; c. Must be no more than 25% of the total outdoor common area of the premises for which it is designated; d~ re,,... ~,., ,.ie ,.i. rvo,a ., o.o d-e.Must be identified by o, ne conspicuous siggege; and_ _ _ _ _ _ _ _ _ _ _ ~- - Formatted: indent: pert: i.zs~, No bullets or e-f. Must not overlap with any area in which Smoking is otherwise prohibited ~ numbering ~by this chapter or other provisions of this Code, state law, or federal law. Formatted: Font: sold, train Formatted: Strikethrough 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.