City ordinance being studied which could ban smoking in apartment dwellings

City News Service

A San Diego City Council committee asked the City Attorney’s Office today to evaluate a possible ordinance under which an apartment-dwelling smoker could be punished if someone else in the building objected and possibly evicted if the smoker did not stop.

The Smoke-Free Housing Task Force pitched the idea to the council’s Public Safety and Neighborhood Services Committee, which forwarded the idea to lawyers for the city. Committee members said they expected a legal opinion in about three months.

A draft ordinance would ban smoking in apartments and condos if it “substantially interferes with another person’s use, comfort and/or enjoyment of that multifamily property.”

Complainers would need to do so in writing to their landlord, and the landlord would be required warn to verbally warn the smoker as many as three times. Finally, the landlord would have order the person in writing to stop smoking on the property. After that, eviction proceedings could begin.

If codified, the proposed ordinance also would provide for the city and individuals to bring civil actions based on the law.

The task force, formed about three years ago, includes Social Advocates for Youth San Diego, the American Lung Association, Communities Against Substance Abuse, the Environmental Health Association and a tenant advocacy group. The task force was formed about three years ago after SAY San Diego pitched a similar law to the same committee.

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Posted by Dave Schwab on Feb 16, 2012. Filed under News, Region. You can follow any responses to this entry through the RSS 2.0. You can leave a response or trackback to this entry

1 Comment for “City ordinance being studied which could ban smoking in apartment dwellings”

  1. Antonio


    This would be a wonderful thing.

    I have extreme asthma and environmental illness. My neighbors down below are both chain smokers and they love to sit on their patio and smoke all day. This has made it very difficult for me to live here. I'm almost living like a shut in looking for opportunities to open my windows on the days when they happen to be gone for a while. Such an ordinance would make a huge difference for me and I would be extremely grateful to the city for it. Simply put, it would help me breathe.

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