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Safety, Wellness and Youth Committee
February 16, 2022
SMOKE FREE MULTI-UNIT HOUSING
Community & Economic Development
RiversideCA.gov
2 What is a smoke free multi-unit housing policy?
1. Local laws that regulate smoking in residential units with shared walls Who adopted a smoke free multi-unit housing code?
1. According to Riverside University Health System (RUHS), more than 100 cities in California.
2. Local cities include, Jurupa Valley, Loma Linda, Temecula, Irvine, Dana Point, Culver City, Laguna Beach, Pasadena, etc.
Why adopt a smoke free multi-housing policy?
1. Secondhand smoke is toxic and travels between residential units
2. Chemicals found in smoke are present in air, carpet, drapes, toys, and furniture for months.
3. RUHS reports 93% of multi-unit housing residents are non-smokers.
4. 84% of residents prefer a smoke free complex.
BACKGROUND
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3 What does Riverside currently do about smoking?
1. RMC 6.23 prohibits smoking in public places and states:
2. Riverside does not currently regulate smoking in multi-unit housing.
BACKGROUND
“It is unlawful for any person to smoke or to dispose of any lighted match or cigarette, cigar ashes or any flaming or glowing substance in any public place including any place within the city, public or private, that is open to the general public regardless of any fee or age requirement, including for example, city buildings, facilities, parks and community centers, bars, restaurants, stores, stadiums, service areas such as gas stations or ATM lines, playgrounds, taxi, bus or public transit stops.”
RiversideCA.gov
4 1. May 19, 2021 - Committee unanimously supported a Smoke-free Multi-unit Housing Ordinance and directed staff to bring back a draft ordinance.
2. October 20, 2021 – Committee directed staff to address the following additional questions:
1. Data on effectiveness of laws
2. Additional information on enforcement
3. Information on legality of applying to existing leases
4. Applicability to condominiums
5. Information on 25’ distance from designated smoking areas
BACKGROUND
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5 Data on Effectiveness of Laws
1. Numerous studies have shown that smoke fr ee laws do reduce negative affects of secondhand smoke
2. Data is still somewhat limited and scattered
3. Studies suggest that smoke free la ws reduce, but do not eliminate secondhand smoke and associated issues
4. Local agencies report very low number of complaints to the City
DISCUSSION
RiversideCA.gov
6 Enforcement
1. RMC 1.17 grants authority to enforce administratively
2. Proposed RMC also empowers landlords to bring a civil action against tenants in violation
3. Proposed ordinance provides for broad range of enforcement options
DISCUSSION
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7 Applicability to Existing Leases
1. A lease is a private legal contract
2. Government cannot amend a private contract
3. Proposed ordinance would apply to new leases and at time of renegotiation or renewal
4. Program would act as “dimmer” and not “on/off” switch to curb secondhand smoke exposure through attrition of old/existing leases
DISCUSSION
RiversideCA.gov
8 Applicability to Condominiums/Townhomes
1. Cities can regulate smoking under the police powers granted to them under Article XI, Section 7 of the California Constitution.
2. Staff searched for and did not find any caselaw or other examples of challenges to local government prohibitions of smoking in owner-occupied condominiums and townhomes.
3. Numerous cities throughout California regulate smoking in owner-occupied condominiums and townhomes.
4. The exercise of a city’s police powe r must bear relation to the public health, safety, morals or general welfare.
DISCUSSION
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9 Information on 25’ Distance from Designated Smoking Area
1. Based on best practices of all surveyed cities
2. Geographic and available open space availability of most multi-unit developments
3. Referenced in most widely available documents and studies on the subject
DISCUSSION
RiversideCA.gov
10 Outreach Regarding this Item has Included:
1. Public Discussion at Committee.
2. Engagement with advocate groups and public health experts as well as involved citizens.
3. Outreach to 14 local agencies regarding their ordinances.
4. Engagement with the Greater Riverside Chambers of Commerce who also conducted independent outreach with the community.
5. Coordination with City Council Me mbers regarding their constituent's feedback and perspectives.
DISCUSSION
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11 STRATEGIC PLAN ALIGNMENT
Envision Riverside 2025 Strategic Plan Priorities
Cross-Cutting Threads
#2 Community Well-being
Community Trust
Equity
Fiscal Responsibility
Innovation
Sustainability &
Resiliency
RiversideCA.gov
12 That the Safety, Wellness and Youth Committee:
1. Receive a report on smoke-free multi-family housing policies; and
2. Recommend that City Council adopt the proposed ordinance to regulate smoke-free multi-unit housing in the City of Riverside.
RECOMMENDATIONS
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