Carlsbad is now the first city in San Diego County to pass a smoke-free ordinance for multifamily housing after the City Council voted 4-1 in favor of it Tuesday night.
The ordinance affects all properties with at least three or more residential units and prohibits any form of smoking, including vaping. The goal is to protect vulnerable residents – infants, children, pregnant women and older adults – from secondhand smoke.
Secondhand smoke is reported to be responsible for 41,000 deaths in the United States each year.
This decision follows other cities and counties in California. According to the American Nonsmokers’ Rights Foundation, as of April 1, there are 84 communities in the state that have banned smoking in 100% of private residential units in multifamily buildings.
In addition to ensuring a safe environment, the new policy will also help property owners avoid the cost of removing smoke residue that can become embedded in drywall, paint, carpets and drapes.
At the first reading of the regulation on 30 July, the Council again adopted the regulation by 4 votes to 1.
However, the reactions to the regulation were not only positive.
“We do not believe this ordinance is good policy. It forces housing providers to take on an enforcement role – essentially becoming the ‘smoking police’ – and increases the likelihood that they will be sued. Unfortunately, this ordinance will likely lead to evictions, and at a time when housing is scarce,” said Alan Pentico, executive director of the Southern California Rental Housing Association.
Addressing concerns about the council’s role in applying laws that regulate behavior in citizens’ private homes, Mayor Keith Blackburn said, “I see part of the legislature’s job… We have to look out for the welfare of the majority of the public. That’s why we have so many rules that dictate whether we can smoke in restaurants and all the other things that rules and laws dictate to make sure we have a good quality of life for everyone.”
Despite these concerns, there were comments from community members supporting the ordinance.
Patrick Mason, a Carlsbad resident, high school student and volunteer with the American Cancer Society-Cancer Action Network, said, “I am proud that my city is the first in the county to implement these protective measures, and I hope tonight’s actions can inspire other cities to take this important step.”
