Chapter 8.60

PROHIBITION ON SMOKING IN MULTI-UNIT RENTAL DWELLINGS

The purpose of this chapter is to protect the public health and welfare by prohibiting smoking and exposure to second-hand smoke at multi-unit rental dwellings, including apartment homes, balconies and patios. (Ord. 22-1733 § 1)

The following definitions shall govern all terms of this article and shall supersede any term otherwise defined in this code:

"Common area" means every enclosed area or unenclosed area of a multi-unit residence that residents of more than one unit of that multi-unit residence are entitled to enter or use, including, for example, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.

"Electronic smoking device" or "vaporizer" means any electronic or battery operated device manufactured, distributed, marketed, sold for the purpose of ingesting, inhaling, or exhaling vapors from any liquid substance, with or without nicotine.

"Enclosed area" means an area in which outside air cannot circulate freely to all parts of the area, and includes an area that has: (1) any type of overhead cover, whether or not that cover includes vents or other openings, and at least three walls or other vertical boundaries of any height, whether or not those boundaries include vents or other openings; or (2) four walls or other vertical boundaries that exceed six feet in height, whether or not those boundaries include vents or other openings.

"Landlord" means any person who owns property with a multi-unit residence and lets that property for residential use, any person who lets residential property used as multi-unit residences, and any person who manages such property, except that "landlord" does not include a master tenant who sublets a unit, as long as the master tenant sublets only a single unit of a multi-unit residence.

"Multi-unit rental dwelling" means rental property containing two or more attached units, such as an apartment complex, except the following specifically excluded types of housing: (1) a hotel or motel that meets the requirements set forth in Cal. Civil Code Section 1940(b)(2), as amended; (2) a mobile home park; (3) a campground; (4) a detached single-family dwelling; and (5) a detached single-family dwelling with a detached or attached "granny" or second unit, when permitted pursuant to Cal. Government Code Section 65852.1, 65852.150 or 65852.2, or an ordinance of the City adopted pursuant to those sections.

"New unit" means a unit that is issued a certificate of occupancy after September 20, 2022.

"Nonsmoking area" means any enclosed area or unenclosed area of a multi-unit residence in which smoking is prohibited (including apartment homes and attached balconies and patios): (1) by this chapter or other law; (2) by binding agreement relating to the ownership, occupancy or use of real property; or (3) by designation of a person with legal control over the enclosed or unenclosed area. In the case of a smoking prohibition established only by private agreement or designation and not by this chapter or other law, it shall not be a violation of this chapter

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City of Norwalk, CA

NORWALK CODE

§ 8.60.020

§ 8.60.030

for a person to engage in smoking or to allow smoking in a nonsmoking area unless: (1) the person knows smoking is not permitted or (2) a reasonable person would know smoking is not permitted.

"Smoking" means to hold, possess, use or control any lighted, burning, operating cigarette, cigar, electronic smoking device, hookah, pipe, plant, vaporizer, weed or other combustible substance in any manner or in any form for the purpose of inhaling or exhaling smoke or vapors.

"Smoking area" means a location designated for smoking outside of the dwelling that is at least 25 feet away from any entrance or exit, play area, HVAC unit and operable window. (Ord. 22-1733 § 1)

• A. Smoking is prohibited in all common areas, except that a person with legal control over a common area, such as, for example, a landlord or homeowners' association, may designate a portion of the common area as a smoking area; provided, that at all times the smoking area, at a minimum, complies with the following:

• B. For a location to be considered a smoking area, at a minimum, it:

  1. Must be an unenclosed area;

  2. Must be located at least 25 feet from any enclosed area that is a nonsmoking area; provided, that a person with legal control over a common area in which a smoking area has been designated shall modify, relocate or eliminate that smoking area so as to maintain compliance with the requirements of this section as laws change, as binding agreements are created; and as nonsmoking areas on neighboring property are established;

  3. Must be at least 25 feet from unenclosed areas primarily used by children, and unenclosed areas with improvements that facilitate physical activity, including, for example, playgrounds, tennis courts, swimming pools and school campuses;

  4. Must be no more than 10% of the total unenclosed area of the multi-unit residence for which it is designated;

  5. Must have a clearly marked perimeter;

  6. Must be identified by conspicuous signs. The signs shall have letters of no less than one inch in height. Such signs shall be maintained by the person or persons with legal control over the smoking area.

• C. No person with legal control over a common area in which smoking is prohibited by this chapter or other law shall knowingly permit within the common area the presence of any ash tray, ash can or other receptacle designed for or primarily used for disposal of smoking waste.

• D. Clear and unambiguous "No Smoking" signs shall be posted in sufficient numbers and locations to make common areas where smoking is prohibited by this chapter or other law obvious to a reasonable person. The signs shall have letters of no less than one inch in height or contain the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar). Such

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City of Norwalk, CA

HEALTH AND SAFETY

§ 8.60.030

§ 8.60.090

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 chapter.

(Ord. 22-1733 § 1)

Smoking is prohibited in every unenclosed area of a multi-unit dwelling, including any balcony, porch, deck and patio, within 25 feet, in any direction, of any doorway, window, opening or other vent into an enclosed area that is a nonsmoking area.

(Ord. 22-1733 § 1)

Each new unit of a multi-unit rental dwelling is hereby designated a nonsmoking unit, including, without limitation.

(Ord. 22-1733 § 1)

• A. All units of a multi-unit rental dwelling that are not new units are hereby designated nonsmoking units as of July 1, 2023.

• B. At least 30 days before July 1, 2023, a landlord shall provide each tenant with: (1) a written notice clearly stating all units, including the tenant's unit, are designated nonsmoking units and smoking in a unit will be illegal as of July 1, 2023; and (2) a copy of this chapter.

• (Ord. 22-1733 § 1)

No person shall engage in smoking in a common area on or after July 1, 2023, other than in a designated smoking area established in this chapter.

Smoking in a new unit after September 20, 2022, is a violation of this chapter.

Smoking in a designated nonsmoking unit, on or after July 1, 2023, is a violation of this chapter.

No person shall engage in smoking in any nonsmoking area and no person with legal control over any nonsmoking area shall permit smoking in any nonsmoking area. (Ord. 22-1733 § 1)

The provisions of this chapter are restrictive only and establish no new rights for a person who engages in smoking. Notwithstanding (1) any provision of this chapter or other provisions of this Code; (2) any failure by any person to restrict smoking under this chapter; or (3) 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.

(Ord. 22-1733 § 1)

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City of Norwalk, CA

NORWALK CODE

§ 8.60.090

§ 8.60.090

• A. Norwalk Sheriffs' Deputies and Norwalk Public Safety Officers are authorized to enforce the provisions of this chapter, respond to complaints of violations, act on observations of violations, and to issue citations to persons found in violation of any provision of this chapter.

• B. The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. Violation of this chapter is an infraction punishable as provided in Section 1.16.010 and is likewise declared to be a nuisance.

• (Ord. 22-1733 § 1)

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City of Norwalk, CA