California Smoking Ban Affects Apartments and Condos, September 23, 2008
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Digested From “Law Stops Smoking”
San Mateo Daily Journal (09/15/08) by Dana Yates
Last November, the Belmont City Council in California passed a law prohibiting smoking in apartments and condominiums and on their patio and yard areas. The far-reaching law gave apartment owners and condominium complexes 14 months to come into compliance, with Jan. 1, 2009, to be the first day the ban officially goes into effect. Belmont officials are hosting a special public meeting in October to help residents and property owners understand the new law better and provide tips on how to comply. Smoking will be banned at any multi-floor, multi-unit building that shares common floors or ceilings. The law goes into effect whether the communities are leased or privately owned. Owners, meanwhile, will be required to insert no-smoking provisions in new or renewed residential leases. The California Apartment Association is providing an approved form to help owners in this matter. Owners will be permitted to designate outdoor smoking areas if they are more than 20 feet away from doors or windows used by the public. Council members settled on a 14-month window to give Belmont’s various apartment and condominium communities sufficient time to come under compliance.
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Hi Pete,
Thanks so much for this article. I live in an apartment complex in Pasadena, CA, and have difficulty breathing due to my neighbors always smoking on the balcony we share. Everytime I open my balcony door for a breeze in my apartment, I let ciggarette smoke in to my apartment. I really want to complain to my landlord, but I’m afraid she will say there’s nothing she can do about it. Plus, she babysits my cats when I’m on vacation and I would feel bad for complaining.
Do you predict that a smoking ban will eventually make its way to Pasadena? What are my rights? Is there anything I can do?
Any feedback would greatly be appreciated.
Thanks,
Lindsay Sheetz
you have no rights to infringe on the freedoms of other people, lindsay. and this was a freak occurrence, so dont bother crossing your fingers.
klimeh-what about the rights of the non-smoker? no one is born smoking…
Kind of late to the arguement I know, but I am truly concerned. This type of law limiting one’s personal activity in one’s own home must be seriously considered.
It’s a “step in the door” to relieve us of our civil liberties.
Consider the response from Lindsay above, what would become of her cats if next we find that the government will legislate “relief” to apartment/condo dwellers from cat dander? No more cats for Lindsay. Perhaps absurd, but certainly within the concept and a slightly widened scope of the smoking regulations.
The fact is, this kind of legislation that infringes upon our most basic rights to conduct ourselves as we see fit in our own homes borders upon negating the constitution. What will people think when they read about doors being knocked on or kicked in by law enforcement claiming “probable cause” based upon smelling cigarette smoke?
It’s one thing to say murder is illegal, even inside your own home, but smoking is still legal and allowing laws that govern what goes on in our homes does not sound legal or constitutional to me.
In my opinion, this is a dangerous step that on the surface sounds like nothing more than the government trying to protect us, but in the end allows the government to rule us, rather than we, the citizenry, deciding our own rule.
Concerned, I agree with you on your opinion. I think when it comes down to it, it is the responsibility of the landlord to make the decisions on smoking in apartments. People should be allowed to smoke, but not if it is blowing into their neighbors apartment. This is infringing upon their right to breath fresh air and not be poisoned in their place of living. About 10 to 15 times a day my neighbors ruin my wonderful breeze, as we live on a ridge and the air flows right through the apartment, by smoking on their balcony. Why do I have no rights or say in this matter? Why do I feel like I am being ruled by someone else and their smoke? Having to close up my apartment with the smoke still lingering. Every apartment should have a smoking area outside of the apartments where smokers can go. When you live in apartments, your rights are decreased because you live with and have to get along with lots of other people. I hope that California can pass a law one day making it law to have designated smoking areas in all apartments. Good Day!
it is convenient to live in a Condominium if you are in a big city but i like big lawns and backyard gardens..,*
Im really ashamed to have people in this country actually forcing other people to do what they want because they dont like it. there are too many whiners and snivelers as it is now. instead of just thinking of yourself why dont u sniverlers save a hungry kid in AMERICA today kids are STARVING here in this country and here you go whining about your selfish self
i kind of don’t like to live in condominums because they don’t offer large spaces for garden.-’-