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11/13/2017 WHEREAS, 32 percent of Californians (or 11.8 million people) live in multi -unit housing, which accounts for one-seventh of the total multi -unit housing population in the country; and WHEREAS, between 44 percent to 46.2 percent of Californians living in multi -unit housing with personal smoke free home policies are exposed to secondhand smoke in their home; and WHEREAS, surveys have found that between 65 percent and 90 percent of multi- unit housing residents who experience secondhand smoke in their home are bothered by the secondhand smoke incursion; and WHEREAS, secondhand smoke exposure in multi -unit housing contributes to tobacco -related health inequities; and WHEREAS, secondhand smoke in multi -unit housing is a significant threat to the health and safety of California children; and WHEREAS, there are significant savings from adopting a smoke free multi -unit housing policy; and WHEREAS, a majority of multi -unit housing residents, including a large portion of smokers, support smoke free policies in multi -unit residences; and WHEREAS, a local ordinance that authorizes residential rental agreements to include a prohibition on smoking within rental units is not prohibited by California law; and WHEREAS, there is no Constitutional right to smoke; and WHEREAS, California law declares that anything which is injurious to health or obstructs the free use of property, so as to interfere with the comfortable enjoyment of life or property, is a nuisance; and WHEREAS, local governments have broad latitude to declare nuisances and are not constrained by prior definitions of nuisance. NOW, THEREFORE, THE COUNCIL OF THE CITY OF REDWOOD CITY DOES ORDAIN AS FOLLOWS: Page 2 of 12 ATTY/ORD.448/SMOKE-FREE HOUSING ORDINANCE NO. 2440 REV: 11-02-17 RL MUFF NO. 301