§ 32-16. Definitions.

The following words and phrases, whenever used in this article, shall be construed as defined in this section, unless it is apparent from the context that they have a different meaning.

"Common area" means every enclosed area or unenclosed area of a multi-unit residence that residents of more than one (1) unit of that multi-unit residence are entitled to enter or use, including but not limited to halls, paths, lobbies, courtyards, elevators, stairwells, community rooms, playgrounds, gym facilities, swimming pools, parking garages, parking lots, shared restrooms, shared laundry rooms, common cooking areas and shared eating areas.

"Enclosed area" means all space between a floor and ceiling where the space is closed in on all sides by solid walls or windows that extend from the floor to the ceiling. An enclosed area may have openings for ingress and egress, such as doorways or passageways. An enclosed area includes all areas within that space, such as hallways and areas screened by partitions that do not extend to the ceiling or are not solid.

"Existing unit" means any unit that is not a new unit.

"Landlord" means any person who owns property rented for residential use, any person who lets residential property, 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 residence" means a building that contains two (2) or more attached dwelling units, including but not limited to apartments, condominiums, senior citizen housing, except the following specifically excluded types of housing:

(a)

A mobile home park;

(b)

A marina or port;

(c)

A single-family home;

(d)

A single-family home with a detached or attached in-law or second unit when permitted pursuant to California Government Code sections 65852.1, 65852.150, 65852.2 or an ordinance of the county adopted pursuant to those sections.

"New unit" means a unit that is issued an occupancy clearance more than one hundred eighty (180) days after the effective date of this ordinance and also means a unit that is rented for residential use for the first time more than one hundred eighty (180) days after the effective date of this chapter.

"Nonsmoking area" means any enclosed area or unenclosed area of a multi-unit residence or multi-unit residence common area in which smoking is prohibited by:

(1)

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 area.

"Person" means any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee or any other legal entity.

"Smoke" means the gases or particles released into the air as a result of combustion, when the apparent or usual purpose of the combustion is human inhalation of the byproducts, except when the combusting material contains no tobacco or nicotine and the purpose of inhalation is solely olfactory, such as, for example, smoke from incense.

"Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, hookah or tobacco plant.

"Unenclosed area" means any area that is not an enclosed area. Unenclosed areas include balconies, porches, decks and patios.

"Unit" means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck or patio. "Unit" includes the following: an apartment, a condominium, a townhouse and a room in a homeless shelter.

(Ord. No. 5947, § 1, 9-13-2011.)