On January 28, 2013, the City of Petaluma passed a "no smoking" ordinance that will no doubt have tremendous impact on condo associations. Many other cities have or are also considering this type of legislature. Here is a bit of the information coming down the legislative pike in Petaluma:
The Petaluma Municipal Code is current through Ordinance 2451 and legislation passed through January 28, 2013. (Ord. 2449 NCS §1 (part), 2013.)
Disclaimer: The City Clerk's Office has the official version of the Petaluma Municipal Code. Users should contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above. City Telephone: (707) 778-4360. City Website: http://www.cityofpetaluma.net/
(Below is just a portion of the ordinance that was passed.)
Smoking 8.20.040 Prohibition of smoking in public places, places of employment, and certain other areas.
A. Enclosed Areas. Smoking is prohibited in the enclosed areas of the following places within the city except in places listed in subsection C of this section, and except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:
1. Places of employment.
2. Public places, other than bars as defined in this chapter.
3. Recreation areas.
4. Common areas.
6. Hotels, motels and other temporary lodging.
B. Unenclosed Areas. Smoking is prohibited in the unenclosed areas of the following places within the city limits of the city except in such places in which smoking is already prohibited by state or federal law, in which case the state or federal law applies:
1. Public places, including public plazas.
2. Within twenty feet of a working road or building and construction crew.
3. Recreation areas.
4. Open space.
5. Service areas.
6. Dining areas.
7. Common areas; provided, that a person with legal control over a common area may designate a portion of the unenclosed area of the common area as a designated smoking area if the area meets all of the criteria set out in Section 8.20.090. 8.20.050 Smoking restrictions in new and existing units in duplexes and multifamily residences.
A. All new units of a duplex or multifamily residence are hereby designated nonsmoking units, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio.
B. All units of a duplex or multifamily residence that are not new units, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio, are hereby designated nonsmoking units as of January 1, 2014.
C. Smoking in a designated nonsmoking unit is a violation of this chapter.
(Ord. 2449 NCS §1 (part), 2013.) 8.20.060 Smoking prohibited in common areas.
