Safety, Wellness and Youth Committee Memorandum
TO: SAFETY, WELLNESS AND YOUTH DATE: FEBRUARY 16, 2022 COMMITTEE MEMBERS FROM: COMMUNITY & ECONOMIC DEVELOPMENT WARDS: ALL DEPARTMENT SUBJECT: SMOKE- FREE MULTI-UNIT HOUSING POLICY – PROPOSED ORDINANCE ISSUE:
Consideration of a proposed ordinance to regulate smoke-free Multi-unit Housing requirements in the City of Riverside.
RECOMMENDATIONS:
That the Safety, Wellness and Youth Committee:
Receive a report on smoke-free Multi-unit Housing policies; and Recommend that City Council adopt the proposed ordinance (Attachment 2) to regulate smoke-free Multi-unit Housing in the City of Riverside.
BACKGROUND:
On May 19, 2021, the Safety, Wellness and Youth Committee (Committee) unanimously voted to direct staff to prepare Smoke-free Multi-unit Housing ordinance language and return to the Committee for consideration.
On October 20, 2021, staff brought back the proposed ordinance to the Committee for discussion. The Committee had the following specific requests for further information that have been addressed in the revised proposed ordinance and the body of this report:
1) Additional data on whether these kinds of laws help reduce smoking/second-hand smoke.
DISCUSSION:
Context
Smoke-free multi-unit housing policies are local laws and ordinances that regulate smoking in all residential units with shared walls, most typically rental units in apartment buildings. Some policies also include owner-occupied condominiums and townhomes with shared walls, hotels, motels, and various other multi-unit housing types.
According to the Riverside University Health System, more than 100 cities and counties in California have adopted some form of smoke-free multi-unit housing policies that restrict or prohibit smoking in multi-unit residential housing. California law states landlords and property owners of residential dwelling units have the authority to prohibit smoking on their property, in the unit, and on the premises where the unit is located (Civ. Code §§ 1947.5).
The California Department of Public Health states that secondhand smoke is toxic and can travel through vents, pipes, windows and small cracks in drywall, and plaster between adjoining units. Smoke can also be absorbed into carpets, drapes, furniture, clothes and toys, and the harmful chemicals found in smoke can be present in the air for months after exposure. Because of this, the separation of smoking from non-smoking residences or units does not eliminate exposure to secondhand smoke. The California Department of Public Health also states that the only way to completely prevent exposure to secondhand smoke in apartments/multi-unit housing is by implementing a smoke-free policy for all units.
The Riverside University Health System reports that 93% of residents in multi-unit housing are non-smokers, 55% have reported exposure to secondhand smoke, and 84% preferred to have their entire complex be smoke-free.
Existing Law
Currently, Riverside Municipal Code 6.23 (Attachment 1) prohibits smoking, including the use of electronic cigarettes, in public places and states specifically:
“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.” The Riverside Municipal Code does not currently regulate smoking in multi-unit housing. Data is limited on this as the majority of agencies that do have a smoke-free policy leave enforcement of those provisions to the private entities and housing managers. Government agencies that conduct enforcement can provide statistics on number of complaints, citations, compliance rate, etc., but do not conduct studies on what effect their laws are having on the health of the multi-unit housing occupants. Of the agencies surveyed, all reported an extremely low number of complaints or cases per year, with most complaints falling into the categories pertaining to required signage, designated smoking areas and other physical aspects of the laws, and not the actual act of smoking itself. Again, these complaints are largely made to and addressed by apartment management and owners via private lease term enforcement.
Staff was able to locate several studies (Attachments 4 and 5) that suggest smoke free multi-unit housing laws do have a positive effect on reducing negative effects caused by smoking and secondhand smoke.
One study conducted in 2009 by the Institute of Medicine concluded that “there is a causal relationship between smoking bans and decreases in acute coronary events.” However, the report did not estimate the effect, size, or magnitude of the impact. Also, according to the American Heart Association, “studies from around the world have now provided evidence for the reduced incidence of heart attacks after implementation of smoke-free air policies.” (Attachment 5) Another study (Attachment 4) published by US National Library of Medicine and the National Institutes of Health found that “smoke-free home rules in subsidized multi-unit housing reduced, but did not eliminate, in-home smoking; residents reported that they sometimes made exceptions to their own rules and surface nicotine concentrations confirmed such exceptions.” This paper also reported that in Portland, Oregon, subsidized housing residents were surveyed after the implementation of a smoke-free building policy that included smoke free zones within 25 feet of buildings. In a survey administered approximately 4 months after policy implementation, 74% of residents reported being either ‘very’ or ‘somewhat’ happy with the policy. In a second study, more detailed findings from the aforementioned study were reported, as well as findings from a second survey conducted among a subsample of the same residents approximately 16 months after policy implementation. Only 17% of residents reported frequent exposure to secondhand smoke after policy implementation, compared with 41% before the policy.
Enforcement Methods and Best Practices
In general terms, enforcement of this chapter of the municipal code is subject to the same authorities as granted by RMC 1.17 – Administrative Code Enforcement Remedies, as with any other chapter of the Riverside Municipal Code. Further, the proposed ordinance states:
“Nothing in this Chapter shall limit or preclude the enforcement of any other applicable laws or remedies available for violations of this chapter, including but not limited to, the enforcement provisions of Chapter 1.17 of the Riverside Municipal Code.” The proposed chapter further expands enforcement authority by empowering private landlords and owners to bring a civil action against any person violating the provisions of this Chapter.
This provides the broadest range of tools available for City staff as well as landlords to apply the provisions in the proposed ordinance. From a practical standpoint, the best option for enforcement would be that the City applies those sections that require non-smoking lease language as well as the requirements for signage and the location of designated smoking areas, while the act of smoking itself be addressed via civil action and landlord-tenant processes. This is not to say that under some circumstances, City staff could not enforce all provisions of the proposed code.
Information on Whether New Law Could Apply to Existing Leases The proposed ordinance would not apply to existing leases although it would be required in the renewal of an expired lease or at a time when lease terms are re-negotiated. Leases are a type of contract. Absent limited circumstances, such as the illegality of all or part of a contract, the government cannot involve itself in the addition or deletion of contract terms between private parties. The parties agreed to certain terms at the initial signing of the contract. Adding additional terms, such as no smoking, are not part of the lease and would not be valid or enforceable.
Overall, the goal of a smoke free multi-unit housing law is to greatly reduce incidents of secondhand smoke intrusion and exposure with this goal being achieved gradually as new leases/tenants come online and old leases/tenants are transitioned through attrition. The process will naturally take some time and act as more of a dimmer switch than an on/off switch. The City does need to take care in striking a balance between health/safety and the private property and other rights afforded to tenants and landlords.
Applicability to Condominiums/Townhomes/Other Forms of Multi-Unit Housing Cities can regulate smoking within their territorial boundaries under the police powers granted to them under Article XI, Section 7 of the California Constitution. This broad authority includes the authority to regulate smoking in owner-occupied condominiums and townhomes. The City Attorney’s Office 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. Many cities throughout California regulate smoking in owner-occupied condominiums and townhomes including Culver City, Jurupa Valley, Beverly Hills, Manhattan Beach, Pasadena, and Santa Monica. It is worth noting that the exercise of a city’s police power must bear relation to the public health, safety, morals or general welfare. While a prohibition against smoking in a condominium or townhome where units share walls or are in close proximity to one another would be deemed a valid exercise of a city’s police powers, a prohibition against smoking in, for example, a single-family residence, may not.
Information Regarding the 25’ Distance Requirement for Designated Smoking Areas The 25’ distance from designated smoking areas is based on best practices from all of the surveyed cities. This distance also takes in to account geographical constraints of lot size and useable outdoor space common to many multi-unit housing projects. Most of the literature staff was able to locate regarding smoke free policies also referenced a 25’ distance so this appears to be the accepted measurement throughout the community of smoke free multi-unit housing supporters.
Community outreach regarding a smoke-free housing ordinance has included public discussion at Committee, outreach with various advocate groups in the public health field, engagement with the Greater Riverside Chambers of Commerce (GRCC) and discussions with fourteen other local agencies that have adopted such an ordinance. The GRCC also conducted independent outreach and business community meetings, wherein Riverside University Health System provided a presentation to members of the GRCC.
STRATEGIC PLAN ALIGNMENT:
This item contributes to Envision Riverside 2025 City Council Strategic Priority 2 - Community Well-being; specifically, Goal 2.4 – Support programs and innovations that enhance community safety, encourage neighborhood engagement and build public trust.
This item aligns with the following Cross Cutting Threads:
Community Trust – This item was discussed at the Safety, Wellness and Youth Committee and a draft ordinance was prepared by considering public feedback, Committee recommendations and best practices from surrounding communities. In addition, staff communicated with numerous advocates from various public health related organizations on this topic. The Greater Riverside Chambers of Commerce was also engaged in this process and conducted their own community outreach.
Equity – The proposed ordinance would create a healthier living environment for the segment of the population that lives in multi-unit housing and apartments. People living in more dense housing environments are disproportionately affected by second-hand smoke and this ordinance would offer them some protection from the negative effects of this smoke.
Fiscal Responsibility – This proposed ordinance is structured in such a way that would place the responsibility of enforcement on private property owners through lease terms. As such, adoption would have a minimal impact on staff time and resources while still creating an effective policy.
Innovation – There is strong support in the community for programs and policies that promote a greater degree of public health and well-being. Smoke-free Multi-unit Housing Policies would be innovative and respond to the community’s desire for healthy neighborhoods.
Sustainability & Resiliency – Healthier living environments foster sustainability and resiliency by promoting the health and well-being of a city’s populace. Eliminating the negative effects of second-hand smoke suffered by families living in Multi-unit Housing will have a positive impact on the lives of several generations of family members living in these residences.
FISCAL IMPACT:
There is no fiscal impact associated with this report. It is uncertain if the addition of a new body of law might require public enforcement of private matters that could impact staff and resources depending on the volume of complaints it might generate in the future.
Prepared by: David Welch, Community & Economic Development Director Certified as to
availability of funds: Edward Enriquez, Chief Financial Officer/City Treasurer Approved by: Rafael Guzman, Assistant City Manager
Approved as to form: Phaedra A. Norton, City Attorney
Attachments:
RMC 6.23 – Smoking in Public Places
Proposed Ordinance
Presentation
Smoke-Free Multi-unit Housing: a Review of the Scientific Literature American Heart Association Policy Position on Smoke-Free Policies in Multi-Unit Housing Smoke-Free Multi-Unit Housing ● Page 3