CITY OF SIGNAL HILL
STAFF REPORT
2175 Cherry Avenue • Signal
Hill, California 90755-3799
3/8/2022
AGENDA ITEM
TO:
HONORABLE MAYOR
AND MEMBERS OF THE CITY COUNCIL
FROM:
ELISE MCCALEB
ECONOMIC DEVELOPMENT MANAGER
SUBJECT:
CONSIDERATION OF SMOKING BANS AT MULTI-UNIT RESIDENTIAL
PROPERTIES
Summary:
In response to a request from the Youth Leadership Institute to ban smoking and secondhand smoke at multi-unit residential properties, the City Council will review existing federal, state, and local smoking laws and consider regulatory options.
Recommendation:
Provide direction to staff as deemed appropriate.
Fiscal Impact:
There is no fiscal impact associated with the recommended action.
Strategic Plan Objective:
N/A
Background:
The Youth Leadership institute (YLI) is a non-profit organization made up of young people and paid staff working to create community change that promotes social justice and racial equity.
Representatives from YLI approached the City requesting a ban on smoking and secondhand smoke at multi-unit residential properties.
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YLI has presented to the following Commissions/Committees:
· January 19, 2021 Planning Commission
· February 17, 2021 Parks and Recreation Commission
· May 4, 2021 Sustainable City Committee
· July 6, 2021 Sustainable City Committee
The following feedback was provided by the Commissioners/Committee Members for consideration:
· Current State regulations allow private property owners of multi-family residences to impose their own rules regarding smoking bans without implementing a City ban; · Enforcement procedures and staffing and funding required; · History of previous consideration of a smoking ban by prior City Councils; · Impact on personal cannabis use for both recreational and medical uses; · Issues of equity and unintended consequences of displacing low-income residents who wish to smoke in their home; and
· Unintended consequences of limiting access to affordable housing by banning smoking.
A representative from YLI spoke during public comments at the October 12, 2021 City Council meeting, requesting that the City Council consider placing the item on a future City Council agenda.
Council Member Lori Woods requested that this item be placed on a future agenda for consideration per the applicable Manual of Procedural Guidelines. The City Council approved this request at the January 11, 2022 City Council meeting.
Federal Smoking Bans
Although Congress has not attempted to enact a general nationwide federal smoking ban in workplaces, several federal regulations do concern indoor smoking. On August 9, 1997, Presidential Executive Order 13058 was issued banning smoking in all interior spaces owned, rented, or leased by the Executive Branch of the Federal Government, as well as in any outdoor areas under Executive Branch control near air intake ducts. The order does not extend to residential accommodations for persons residing in buildings owned, leased, or rented by the Federal Government.
Effective April 1998, smoking was banned by the United States Department of Transportation on all commercial passenger flights in the United States, and/or by American air carriers.
California Smoking Bans
There are many current California laws and regulations prohibiting smoking as outlined in the following table.
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Table 1.
California Laws and Regulations Prohibiting Smoking
City of Signal Hill Smoking Bans
In 1996, Signal Hill adopted Chapter 8.52, Enforcement of Prohibition of Smoking within Places of Employment, allowing the City to enforce State Labor Code 6404.5 which regulates smoking within the workplace. To date, the City has no other smoking bans.
In 2013, a homeowner’s association (HOA) requested that the Council consider a citywide smoking ban for certain areas of multi-unit residential properties. At the time, staff noted that California Civil Code Section 1947.5(a) provided private property owners and HOAs full authority to ban smoking at their property. Such bans may prohibit smoking entirely (whether inside private dwellings or outside), or they may only restrict those units that have common walls or common areas. No citywide action was required to establish and enforce these bans.
The Council’s discussion recognized concerns related to implementation and enforcement of a citywide ban as well as unintended consequences of displacing tenants. Accordingly, the Council directed staff to communicate the provisions of State law to all HOAs and provide on the City’s website (Attachment A).
Analysis:
The legal landscape still provides cities with the choice to adopt regulations for multi-residential properties or leave the decision to property owners and HOAs. The Council may wish to consider the CITY OF SIGNAL HILL Page 3 of 4 Printed on 3/3/2022
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properties or leave the decision to property owners and HOAs. The Council may wish to consider the following:
· The City may initiate an outreach and educational campaign to advise property owners and HOAs of their existing legal rights to restrict smoking under current law and to provide guidance on how to do so.
· Neighbors may individually create a voluntary agreement to limit areas of smoking. · Tenants may ask for a “reasonable accommodation” from their landlords and HOAs if they are disabled and their health condition is worsened by exposure to secondhand smoke. · Landlords and HOAs may adopt a smoke free policy for some or all areas of their development (no City action required).
· The City may adopt an ordinance to restrict smoking in some or all areas of multi-unit housing. · The City may adopt a citywide ordinance restricting smoking in all or some public and/or private areas.
Approved:
_________________________
Hannah Shin-Heydorn
Attachment
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