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Multifamily residences, duplexes, places of employment, city owned or controlled public places, and public events may designate an outdoor area where smoking is permitted if the area meets all of the following criteria:

A. The area is located at least twenty feet from any unit, enclosed area or common area where smoking is prohibited by this chapter or other law, by binding agreement relating to the ownership, occupancy, or use of real property, or by designation of a person with legal control over the premises. A designated smoking area may require modification or elimination as laws change, as binding agreements are created, and as nonsmoking areas on neighboring premises are established;

B. The area does not include, and is at least one hundred feet from, unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, swimming pools, and school campuses;

C. The area includes no more than ten percent of the total unenclosed area of the multifamily residence for which it is designated;

D. The area has a clearly marked perimeter;

E. The area is identified by conspicuous signs;

F. The area is completely within an unenclosed area;

G. The area does not overlap with any enclosed or unenclosed area in which smoking is otherwise prohibited by this chapter or other provisions of this code, state or federal law; and

H. Notwithstanding anything in this section to the contrary, the administrative authority may in its discretion establish a designated smoking area in any appropriate location in or on any city owned or operated public place.

(Ord. 2449 NCS §1 (part), 2013.)