Carlsbad could be first in county to ban smoking in apartment buildings, condos (original) (raw)

Carlsbad soon could be the first city in San Diego County to ban all types of smoking inside and outside multi-unit apartment and condo buildings.

The City Council voted 4-1 Tuesday to introduce the ordinance, with Councilmember Melanie Burkholder opposed. She called the proposal an “overreach” of government authority. Mayor Keith Blackburn said the decision was difficult.

“I wrestle with the idea of how can I tell somebody what they can or can’t do in the confines of their own place where they live,” Blackburn said. “But … we have to watch out for the best interests of the majority of the public.”

Several speakers supported the ban, including apartment dwellers and representatives of the nonprofits Vista Community Clinic and the San Dieguito Alliance for Drug Free Youth. One smoker opposed it, saying it would force her to take her habit outside the building, where the fumes are more likely to bother other people.

“The proposed ordinance would ban smoking of tobacco and cannabis products, including vaping, inside and outside multi-unit buildings containing three or more units, including apartment buildings, condominiums, townhomes, senior and assisted living facilities and long-term health care facilities,” according to the city’s 127-page staff report. “It would apply to both rental and for-sale housing units.”

Enforcement would be primarily the responsibility of landlords and property managers, the report states.

Carlsbad would be the first in San Diego County to adopt the ban, but more than 80 other California cities and counties have similar ordinances, said Mike Strong, assistant director of community development.

Smoking bans in other jurisdictions were studied to write the draft ordinance that will return to the Carlsbad City Council for final approval later this year, Strong said. If approved, it would take effect Jan. 1, 2025.

The proposal takes aim at second-hand smoke, which comes from the burning end of a cigarette, cigar or pipe and from the fumes or aerosol produced by vaping devices. Studies show second-hand smoke contains more than 7,000 chemicals, about 70 of which can cause cancer and other health issues.

Second-hand smoke can travel through walls, doorways, windows, crawl spaces and shared ventilation systems.

“It is extremely important to make sure that our children are not being affected by this,” said Councilmember Priya Bhat-Patel, adding that the ordinance is “something that many people have asked for for many years.”

“It is one of the things we need to do as leaders, stand up for the health of our residents,” Councilmember Teresa Acosta said.

Most San Diego County cities have banned smoking in public places, such as parks, beaches, stadiums and restaurants, in recent years. The indoor prohibition on private property would take it a step further.

The U.S. Department of Housing and Urban Development has banned smoking in all indoor areas and common areas of public housing since 2018.

The San Diego Housing Commission prohibits smoking in any of the more than 2,000 affordable housing units it owns and in the 189 federally owned housing units it operates.

Burkholder said Carlsbad’s proposed ban is “fixing something that’s not broken.”

“This feels to me like an overreach of the city,” Burkholder said. “It seems like the city is telling someone how to live their life. … I have a real hard time with this.”

The Southern California Rental Housing Association has a standing policy against such ordinances, said Molly Kirkland, the association’s director of public affairs.

“They pose administrative challenges, create legal liability for rental housing providers, and force housing providers to enforce city law,” Kirkland said in a July 29 letter to the City Council. “Moreover, we believe that most rental multifamily rental properties already have a smoking ban or limitation in place as this has been the trend for more than a decade.”

State law allows rental housing providers to make their properties non-smoking, and the association provides resources to help them with that.

“Unfortunately, our members’ experience with smoking at rental properties and with other cities pursuing draft ordinances reinforces that there is simply no way to craft an ordinance that will adequately balance enforcement and liability with non-smoking requirements,” Kirkland said.

Carlsbad officials publicized the proposed ordinance by sending letters to landlords, property managers and owners who could be affected by it, and received a wide range of responses.

Carlsbad resident Gary Pearson wrote that the attempt to regulate behavior on private property is “an insult” to the council members’ oath of office and that the city staff members “are all tools of the progressive left.”

Gena Knutson wrote that she and her husband own a Carlsbad condo that they have rented out since 2007. The lease includes a non-smoking policy, and they have never had problems with smokers.

“From a business perspective, having a smoke-free policy saves us money,” Knutson said. “We retain tenants longer, have reduced maintenance and turnover costs along with reduced risk of fire. Also, it’s an amenity as tenants are not exposed to the dangers of thirdhand smoke, which is left over smoking residue found on surfaces where someone has smoked and can last for years.”

The proposed ordinance “will create safer and healthier environments for everyone,” Knutson said. “Carlsbad is making a difference in the lives and well-being of its residents.”

Holly Lewallen, a maintenance supervisor at Chamberlain Property Management in Carlsbad, said the ordinance will help property management companies, landlords and tenants by reducing costs, litter, and legal liabilities.

“I would recommend that the council consider adding hotels, motels and mobile home parks to the list of multi-unit properties that would fall under this ordinance,” Lewallen said.

A city policy would help property owners enforce any no-smoking rules they already have in place, she said.

Originally Published: July 31, 2024 at 5:49 p.m.