A. Enclosed Areas Where Smoking Is Prohibited. Smoking shall be prohibited in the following enclosed areas within the City except in places listed in SMC 8.04.070, 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. Multi-unit residence common areas;
2. Places of employment;
3. Public places;
4. Recreational areas; and
5. Units of multi-unit residences, including the exclusive-use areas of the units such as private balconies, porches, decks, or patios. A unit and its associated exclusive-use areas shall not be subject to the smoking restrictions of this chapter until 14 months after the effective date of the ordinance codified in this chapter.
B. Unenclosed Areas Where Smoking Is Prohibited. Smoking shall be prohibited in the following unenclosed areas within the City except in places listed in SMC 8.04.070, 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. Dining areas;
2. Exclusive-use areas associated with a unit of a multi-unit residence, such as, for example, a private balcony, porch, deck, or patio;
3. Multi-unit residence common areas; except that a person with legal control over a multi-unit residence common area, such as a landlord or homeowners’ association, may designate a portion of the multi-unit residence common area as a smoking area; provided, that at all times the designated smoking area complies with the following. A designated smoking area:
a. Must be an unenclosed area;
b. Must be located a reasonable distance from any enclosed area where smoking is prohibited;
c. Must not include and must be a reasonable distance from unenclosed areas primarily used by children including, but not limited to, areas improved or designated for playing or swimming;
d. Must be no more than 25 percent of the total unenclosed area of the premises for which it is designated;
e. Must have a clearly marked perimeter;
f. Must be identified by conspicuous signs;
g. Must not overlap with any area in which smoking is otherwise prohibited by this chapter or other provisions of this code, State law, or Federal law; and
h. Must be accessible and conform with all pertinent requirements of the Americans with Disabilities Act or its successor;
4. Places of employment;
5. Other public places, when being used for a public event, including a farmers’ market, parade, craft fair, festival, or any other event which may be attended by the general public; provided, that smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law;
6. Recreational areas; and
7. Service lines.
C. Nothing in this chapter prohibits any person, employer, or nonprofit entity with legal control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.