Bans on Smoking in Multi-unit Residential Communities Continue to Pass

Published in the ECHO Journal, November 2010

The regulation of secondhand smoke is becoming increasingly more common, far-reaching, and restrictive of smokers. With zero discussion, the Menlo Park City Council recently waived a second reading of a revised smoking ordinance last week, thus making new laws official. The changes go into effect Nov. 29. While residents can still smoke within their own apartments, or while walking in the street, common-use areas of multi-unit housing will become smoke-free zones.

In April 2010 San Francisco approved and signed into law a new ordinance that, amongst other things, prohibits smoking in common areas of multi-unit housing complexes and areas outside entrances, exits, and operable windows and vents of buildings. The ordinance, which applies to most San Francisco condominium and cooperative projects and to some planned developments, establishes obligations for property owners and property managers to prevent smoking in prohibited areas and provides for administrative procedures and penalties for violations of the regulations.

Santa Clara County passed a stringent ordinance Oct. 19 that bans smoking in residential units and limits smoking to areas beyond a 30-foot radius of multi-unit housing. It applies only to unincorporated areas of the county. It is expected to be finalized on Nov. 9 after a second reading.