A. Smoking in a multi-unit residence common area, on or after September 2, 2010, other than in a designated smoking area established pursuant to SMC 8.04.050(B)(3), is a violation of this chapter.

B. Smoking in a unit in a multi-unit residence, on or after November 2, 2011, is a violation of this chapter.

C. No person, employer, business, or nonprofit entity shall knowingly permit smoking in an area which is under the legal or de facto control of the person, employer or nonprofit entity and in which smoking is prohibited by this chapter or other law.

D. Any person, employer, business, or nonprofit entity with the legal or de facto control of an area in which smoking is prohibited by this chapter shall inform any apparent violator, whether a person or employee, about any smoking restrictions applicable to that area.

E. No person, employer, business, or nonprofit entity shall knowingly or intentionally allow the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area under the legal or de facto control of the person, employer or nonprofit entity and in which smoking is prohibited by this chapter or other law, including, without limitation, within a reasonable distance required by this chapter from any area in which smoking is prohibited. Notwithstanding the foregoing, the presence of ash receptacles in violation of this subsection shall not be a defense to a charge of smoking in violation of any provision of this chapter.

F. No person shall dispose of used smoking or tobacco product waste within the boundaries of an area in which smoking is prohibited, including inside the perimeter of any reasonable distance required by this chapter.

G. “No Smoking” or “Smoke Free” signs, with letters of no less than one inch in height, or the international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), or any alternative signage approved by the City Manager of the City, shall be conspicuously posted and maintained by the person, employer, business, or nonprofit entity who or which has legal or de facto control of a place in which smoking is prohibited by this chapter and placed at each point of ingress to the area, and in at least one other conspicuous point within the area. The City Manager shall post signs at each entrance to an area in which smoking is prohibited by this chapter and which is owned or controlled by the City. Signage required by this subsection shall not be subject to Chapter 17.120 SMC, Sign Regulations. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter.

H. No person, employer, or nonprofit entity shall intimidate, threaten any reprisal, or effect any reprisal, for the purpose of retaliating against another person who seeks to attain compliance with this chapter.

I. Each instance of smoking in violation of this chapter shall constitute a separate violation. For violations other than for smoking, each day of a continuing violation of this chapter shall constitute a separate violation.

J. Any citizen who desires to register a complaint under this chapter may initiate the complaint with the Police Department or the City Manager.