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A. No person, landlord, or employer shall knowingly permit smoking in an area which is under his or her legal or de facto control and in which smoking is prohibited by this chapter, unless otherwise required by state or federal law.

B. Chapter 8.12 of this code and Penal Code Section 374 prohibit littering citywide.

C. A person, landlord, or employer who has legal or de facto control of premises in which smoking is prohibited by this chapter shall post on those premises a clear, conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at eye level at each point of ingress to the area where smoking is prohibited, and in at least one other conspicuous point within that area. "No Smoking" signs are not required inside or at doorways of designated nonsmoking units, except in hotel or motel guestrooms. The signs shall not exceed five square feet in area; shall have letters of no less than one inch in height and shall include 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). Signs posted on the exterior of buildings to comply with this section shall include any buffer zone requirement set forth in Section 8.20.070. At least one sign with the phone number to which complaints can be directed must be conspicuously posted in each place in which smoking is prohibited. For purposes of this section, the administrative authority shall be responsible for the posting of signs required in facilities owned or leased in whole or in part by the city, in such locations as may be determined by and in the sole discretion of the administrative authority. Notwithstanding this provision, the presence or absence of signs shall not be a defense to a charge of smoking in violation of any other provision of this chapter.

D. No person, landlord, or employer 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.

(Ord. 2449 NCS §1 (part), 2013.)