§ 4.97.110. Interpretation.

(a)

The provisions of this chapter are restrictive only. This chapter establishes no new rights for a person who engages in smoking and shall in no way limit the application of chapter 4.96 of title 4 of this code. Notwithstanding (i) any provision of this chapter or other provisions of this code, (ii) any failure by any person to restrict smoking under this chapter, or (iii) any explicit or implicit provision of this code that allows smoking in any place, nothing in this code shall be interpreted to limit any person's legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles. This chapter is intended and shall be interpreted to be consistent with and at least as stringent as any state statute prohibiting smoking in any unit, common area or other area of a new or existing multi-family dwelling, or any other place.

(b)

If any provision of this chapter or the application thereof is held to be pre-empted, unconstitutional or otherwise invalid by a court of competent jurisdiction, such ruling shall not affect any other provision of this chapter which is not specifically included in such ruling or which can be given effect without the pre-empted, unconstitutional, or invalid provision or application; and to this end, the provisions of this chapter are declared severable.

(Ord. No. 04718, § 2, 11-4-2014)