Cities Index.
2024-07-30; City Council; 10; Amendment to the Carlsbad Municipal Code to prohibit smoking in multi-unit residences (ZCA2024-0004)

Carlsbad City Council
July 30, 2024

Document
2024-07-30; City Council; 10; Amendment to the Carlsbad Municipal Code to prohibit smoking in multi-unit residences (ZCA2024-0004)
Meeting
July 30, 2024
Body
Carlsbad City Council
Pages
2
Original file
389 KB
Text extracted from the city's file for reading and search. Open the original on records.carlsbadca.gov. That file is the official record.

Includes
Patio/
Balcony
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
NIS
Yes
Yes
Yes
No
Yes
Yes
NIS
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
NIS
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
In
cludes
Condos
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
No
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
Yes
{city of
Carlsbad
• 84 CA cities and counties have
a
dopted 100% no smoking multi-
unit policies
• Another 16 have adopted partial
pr
ohibitions
• No cities in the San Diego region,
i
ncluding San Diego County have
adopted smoke free multi-unit
policies
AMERICAN NONSMOKERS’ RIGHTS

FOUNDATION
o/. of Units Final Effective Minimum Includes Includes Municipality State Currently Date Number of Patio/ Condos Smokefree Units Balcony

66. San Mateo Countv• CA 100% 2/412016 2 Yes Yes

67. San Pablo CA 100% 71112021 2 Yes No

68. San Rafael CA 100% 11/14/2013 3 Yes Yes

69. Sanla Clara CA 100% 8/112019 2 Yes Yes

70. Sanla Clara Countv" CA 100% 2/912012 2 Yes Yes

71. Sanla Rosa CA 100% 81712016 2 Yes Yes

72. SaraloQa CA 100% 9116/2016 4 Yes Yes

73. Sausalito# CA Some 513112024 2 Yes Yes

74. Sebastoool CA 100% 1 112/2011 2 Yes Yes

75. Sierra Madre# CA Some 101112024 4 No Yes

76. Sonoma CA 100% 12/12/2016 2 Yes Yes

77. Sonoma County• CA 100% 1112/2013 2 Yes Yes

78. Soulh San Francisco CA 100% 1 119/2017 2 N/S Yes

79. Sunnvvale CA 100% 9123/2016 2 Yes Yes

80. Tiburon CA 100% 10/16/2018 4 Yes Yes

81. Union Citv CA 100% 2123/2012 2 Yes No

82. Valleio CA 100% 912112022 2 Yes Yes

83. Wa.lnut Creek CA 100% 1130/2014 2 Yes Yes

84. Windsor CA 100% 8115/2017 2 Yes Yes
11 = In California, county laws only cover unincorporated areas of the county, and do not cover cities in lhe county. Cities located within the counly need to adopt lheir own local laws.

Municipalities with Laws that Partially Restrict Smoking in Multi-Unit Housing :

This table represents communities that have munic ipal laws al the city or oounty level thal restr ict smok ing in some priva te units of multi-unit housing, but do not require multi-unit buildings to be 100% smoke free.

The trend is now for communities lo adopt laws that require multi-unit properties to be 100% smokefree, as listed in the chart above. It is not recommended that communities adopt the types of partial laws represented In lhe chart below.

Municipalities marked Some under ""All Units Currently Smokefreer have some buildings that are required to be 100% smokefree. Often, lhese laws prohibit smoking in all newly oocupied buildings or newly leased units, but either do not address smoking in existing buildings or only apply to a certain percent of units in existlng buildings.

Municipalities marked No under "All Units Currently Smokefree?" have !!Q buildings required to be 100% smokefree now or In the future. These laws may apply to only a certain percent of units in existing and future buildings, or pennit current residents to continue smoking in the building indefinltely (a "grandfather" clause)_ Additionally, communities not represented on this list may have local laws that do not address smoking in private units, but restrict smoking in multi•unit housing to a lesser extent, such as by prohibiting smoking in Indoor common areas or only on patios and balconles.

Page l of S
{city of
Carlsbad
• 84 CA cities and counties have
a
dopted 100% no smoking multi-
unit policies
• Another 16 have adopted partial
pr
ohibitions
• No cities in the San Diego region,
i
ncluding San Diego County have
adopted smoke free multi-unit
policies
AMERICAN NONSMOKERS’ RIGHTS

FOUNDATION
All Units Min . ¾ of Initia l
Municipality State Currently Units Effective Final Min. # Includes Smokefrae? Currenfly Data Effective Date of Units Condos Smokefraa

1. Baldwin Park CA Some 100% nr,w/ 6/21/20 12 12/2/20 14 2 Yes 80%existing

2. Burbank CA No N/S 5/1/20 11 5/1/20 11 N/S Yes

3. Calabasas CA No 80% 1/1/20 12 Not Soecified 2 No

4. Dublin CA No 75% 1/1/20 11 1/1/20 13 16 NIS

5. Fremo nt CA Some 100% nr,w/ 2/1/2017 Not Specified 2 Yes 0%exlstlng

6. Glenda le CA Some 100% nr,w/ 6/27/201 3 Nol Specified 2 Yes 0%exlstlng 100% nr,w/

7. Jurupa Valley CA Some designated 3/612021 Nol Specified 3 No e:dstlng units

8. Lafayette CA Some 100% nr,w/ 2/10/20 14 Nol Specified 3 Yes OK.@xlstlng

9. Loma Linda CA No 70% 1/1/20 12 Not Soecified 2 No

10. Oakley CA No 100% nr,w/ 3/13/2014 4/1/20 14 2 Yes 0%exlstlng

11. Pleasant Hill CA Some 100% MW/ 5/5120 10 Nol Specified 4 No 50%ex lstlno

12. Rivers ide CA No 100% nr,w/ 7/2812022 7/28/2022 2 No OK.existing 100% nr,w/

13. Santa Monica CA Some designated 5/21/20 13 Nol Specified N/S Yes e:dstlng units

14. South Pasade na CA Some 100% nr,w/ 3/3120 11 Nol Specified 2 Yes SOK. existing

15. Temec ula CA No 25% 12/7/2007 6/7/20 12 10 N/S

16. Wes t Hollywood CA Some 100% nr,w/ 5/19/202 1 7/15/202 1 3 Yes 0%exlstlng Definitio ns and Explanatory Notes :

Comm unities on the two charts of municipal laws adop ted a munlCipal ordinance to regulate smoking in all (first chart) or some (second chart) types of multi-unit housing. # = Law requires multi-unit buildings to be 100% smokefr ee when the law Is fully in effect on the stated Final Effective Date, but currenUy the law provides partial coverage. "'= In Californ ia, county laws only cove r unincorporated areas of the county, and do not cover cities in the county. Cities located within the county need to adop t their own local laws.

Minimum Percent of Units Currently Smokefree :

The percent of specified multi-unit housing that is currenUy required to be smokehee :
100%: All units in specified multi-unit housing mus t be smoke free.

Another stated 0/.: The stated percent of units in spec ified multi-unit housing must be smokefree.

Pag@4 of s
{city of
Carlsbad

ENFORCEMENT STRATEGIES IN OTHER CITIES
• City enforcement (33 of 100)
- Police Department (17 – e.g., Brisbane & Manhattan Beach) - Code Enforcement (11 – e.g., Berkeley & Hercules)
- Police and Code (5 – e.g., Beverly Hills & Buena Park) • Civil enforcement with third party beneficiary (3 of 100) - Riverside, El Monte & Culver City
• Property Management, Landlord, or HOA lead (none, but 18 have Code Enforcement overseeing property manager obligations)
• Mixed enforcement (64 of 100)
- Civil enforcement and property management (5 of 100 inc. Concord, Emeryville, Santa Monica, Sierra Madre, & Vallejo)

EDUCATION
• Smoke-free laws are often described as self-
enforcing.
• Educate the public and provide notice about
the new policy.
• Provide the resources for property managers,
landlords, and HOAs.
• Provide resources for tenants.
{city of
Carlsbad

PUBLIC INPUT
• Housing Commission meeting on Feb. 8
• Public review period from April 8 to April 22.
- Response to comments provided.
• Changes made to draft ordinance.
• Additional correspondences received.
{city of
Carlsbad

PROPOSED ORDINANCE
• Bans smoking (including vaping) inside and
outside multi-unit buildings of three or more
units.
- Allows for an exception for certain
designated outdoor spaces.
• Enforcement by landlords, HOAs, and
property owners. Also adds a third-party
beneficiary provision.
• The new rules would go into effect Jan. 1,
2025.
{city of
Carlsbad

WHAT IS INCLUDED
• Apartment buildings
• Condos
• Senior assisted living facilities
• Long-term health care facilities
• Single-family homes licensed as care facilities
{city of
Carlsbad

WHAT IS NOT INCLUDED
• Hotels and motels
• Mobile home parks
• Campgrounds
• Single-family homes
• Accessory dwelling units
{city of
Carlsbad

RECOMMENDATION
• Consider the various enforcement options
• Introduce ordinance adding Chapter 6.15 to
the CMC
{city of
Carlsbad

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