Starting next year, smoking (including cigarettes and any form of electronic cigarettes) will be prohibited in multi-unit residences in the city of Carlsbad, North County San Diego. This marks the first city in San Diego County to implement such a smoking ban.
In a vote held on August 20, the city council passed the smoke-free ordinance by a vote of 4 to 1. Multi-unit residences refer to properties with three or more units, including apartment buildings and condominiums.
Lawmakers stated that the purpose of this ordinance is to “reduce deaths and disabilities from secondhand and thirdhand smoke.” It is part of a comprehensive “smoke-free” policy targeting multi-unit properties, including indoor and outdoor areas.
The new law will take effect on January 1, 2025, covering all nicotine cigarettes and electronic cigarettes (vaping), including recreational and medical marijuana use.
Although medical marijuana is legal in California, according to Carlsbad City Attorney Cindie McMahon, the city has the authority to prohibit its use in certain places. McMahon stated during the city council meeting, “For things that affect the health and safety of others, the Americans with Disabilities Act (ADA) and corresponding state laws do not require reasonable accommodation to be provided.”
The city hopes that landlords and property management companies will incorporate these new regulations into future lease agreements to assist residents in complying with the law. The ordinance also paves the way for neighbors to bring lawsuits against violators. However, the city council clarified that the ordinance is not intended to increase police presence to respond to and handle complaints from residents.
City council member Melanie Burkholder, a mental health counselor and former United States Secret Service agent, opposed the proposal.
During a meeting on July 30, when the ordinance was first introduced, Burkholder told fellow council members, “To me, this feels like overreach by the city government. I don’t believe we should be taking on the responsibilities of property managers or landlords in this regard. It sounds like the city government dictating to others how to live their lives.”
Many residents and property owners also expressed their support for the ordinance.
Landlord Cheryl Knebel is one of the citizens who strongly opposes the plan. In an email to the city council, Knebel said, “I strongly oppose this proposal. I do not smoke, but I challenge the restriction on smoking in privately owned residences. I understand that smoking is unpleasant for those living next door, and I don’t like it either. However, as a homeowner, no one should be able to dictate what I do within my home as long as it is legal.”
Non-smoker Shiella McNulty also finds the ordinance too extreme.
“As a lifelong non-smoker, I never want to smell the odor of marijuana or cigarettes burning ever again! It’s disgusting!” she wrote in an email to the city council. “However, from a societal standpoint, this proposal is too extreme.” She also believes that the government should not interfere with people’s practices of “smoking addiction for relaxation” in their own homes.
Council member Teresa Acosta, who supports the ordinance, stated, “I believe this is one of the things we, as leaders, need to do, which is to speak out for the health of the people.” Acosta said during the meeting on July 30, “Especially knowing that this is not just a toxic issue, but a deadly one. We need to address smoking issues in multi-unit residences.”
The idea behind the Carlsbad ordinance is not entirely new. In 2011, former California Governor Jerry Brown signed a law granting landlords the right to ban smoking on their properties.
Mike Strong, the Assistant Director of Community Development for Carlsbad, mentioned that 84 cities and counties in California have adopted smoking bans for multi-unit housing.
He added that after the ordinance takes effect, they anticipate receiving around 10 violation complaints per month.
The ban applies to apartment buildings, condominiums, senior apartments, long-term health care facilities, and single-family homes licensed as care facilities. Smoking and electronic cigarettes will be prohibited in the rooms, balconies, as well as common areas such as hallways, parking lots, and children’s play areas.
The ordinance permits landlords or property management to designate a smoking area, but it must be at least 25 feet away from residential units and other facilities.
However, hotels, motels, mobile homes, campgrounds, detached single-family homes, and accessory dwelling units are exempt from this ban.