Numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution and that breathing secondhand smoke is a cause
of disease in nonsmokers. At special risk are elderly people, individuals
with cardiovascular disease, and individuals with impaired respiratory
function, such as asthmatics and those with obstructive airway disease.
The U.S. Surgeon General has concluded that there is no risk-free
level of exposure to secondhand smoke. The United States Environmental
Protection Agency has found secondhand smoke to be a risk to public
health and has classified secondhand smoke as a group "A" carcinogen,
which is the most dangerous class of carcinogens. The California Air
Resources Board has put secondhand smoke in the same category as the
most toxic automotive and industrial air pollutants by categorizing
it as a toxic air contaminant for which there is no safe level of
exposure. Secondhand smoke can seep under doorways and through wall
cracks. The City Council finds and declares that the purpose of this
chapter is to protect the public health and welfare from secondhand
smoke by prohibiting tobacco and cannabis smoking and vaping in enclosed
and unenclosed common areas of multi-family dwellings and tobacco
smoking in all new multi-family dwelling units, to gradually reduce
secondhand smoke in multi-family housing, and to promote self-enforcement
through educational outreach regarding smoking prohibitions. Regulating
secondhand smoke is challenging and must balance various considerations
and interests. The City Council further finds that, in the interest
of the public health and welfare, imposing restrictions on smoking
or vaping cannabis in the privacy of one's residence is not warranted
for tenants that consume cannabis for medicinal, therapeutic or recreational
purposes. State law does not allow cannabis smoking in public places
and prohibiting cannabis consumption in private units would not leave
available safe alternatives.
(Ord. 21-1134 § 1, 2021)
As used in this chapter:
"Common area"
shall mean every enclosed and unenclosed space of a multi-family
dwelling that residents of more than one dwelling unit are entitled
to enter or use, including, without limitation, hallways, lobbies,
courtyards, patios, landscape areas, elevators and stairs, community
rooms, gym facilities, parking garages and parking lots, restrooms,
laundry rooms, cooking areas, and eating areas.
"Existing unit"
shall mean a dwelling unit in a multi-family dwelling that:
1.
Was purchased, leased, or rented for residential use prior to
May 19, 2021; or
2.
Was initially occupied by the owner, lessor, or tenant prior
to May 19, 2021.
"New unit"
shall mean a dwelling unit in a multi-family dwelling that
is:
1.
Issued a certificate of occupancy on or after May 19, 2021;
or
2.
For buildings already constructed, a unit that is purchased,
leased, or rented for residential use on or after May 19, 2021.
"Smoke" or "smoking"
shall mean and include the inhaling, burning, or carrying
of a lighted or heated pipe, cigar, or cigarette of any kind, or any
other lighted or heated tobacco product intended for inhalation, whether
natural or synthetic, in any manner or in any form. This definition
excludes the vaping of tobacco or a tobacco product.
"Smoke cannabis" or "smoking cannabis"
shall mean and include inhaling, burning, or carrying of
a lighted or heated pipe or any other lighted or heated cannabis or
cannabis product intended for inhalation, whether natural or synthetic,
in any manner or in any form. This definition includes vaping cannabis
or a cannabis product.
"Tobacco product"
shall mean a product containing, made, or derived from tobacco
or nicotine that is intended for human consumption, including, but
not limited to, cigarettes, cigars, little cigars, chewing tobacco,
pipe tobacco, or snuff.
"Vape" or "vaping"
shall mean the use of an electronic smoking device that creates
an aerosol or vapor, in any manner or in any form, or the use of any
oral smoking device for the purpose of circumventing the prohibition
of smoking.
(Ord. 21-1134 § 1, 2021)
Smoking is prohibited in existing units and in private balconies
and private patios of existing units after December 31, 2022.
(Ord. 21-1147 § 2, 2021)
This chapter shall not apply to the following:
a. Single-family
dwellings and duplexes.
b. Temporary
and special needs housing facilities for people with disabling conditions,
including addiction to substances.
(Ord. 21-1134 § 1, 2021)
An individual with a disability, who has a physical or mental
impairment that limits their ability to leave their unit to comply
with the terms of this chapter, may request from the City Manager
or designee, a reasonable accommodation for an exception to the prohibition
from smoking in their existing unit. An accommodation approved under
this section is considered a personal accommodation for the individual
and does not run with the land. The request shall include: (1) the
basis for the claim that the individual is considered disabled under
the law; and (2) the reason the requested accommodation may be necessary.
The City Manager may promulgate regulations for processing the reasonable
accommodation requests.
(Ord. 21-1147 § 3, 2021)