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6. 1. E. - Page 22
<br />Adoption of Smoking Ordinances for Multiunit Housing
<br />Starting with Belmont in 2007,38 local jurisdictions began to pass laws to protect residents from
<br />secondhand smoke. Since then Brisbane, Burlingame, Daly City, Foster City, Redwood City, San
<br />Bruno, San Mateo, South San Francisco, and the County of San Mateo, for its unincorporated areas,
<br />have adopted ordinances that restrict smoking in multiunit housing properties. 39 The towns/cities of
<br />Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San
<br />Carlos do not restrict smoking in their multiunit residences, except in some common areas. 40 Atherton,
<br />Hillsborough, and Woodside have no multiunit housing. 41 At present, there are almost 114,000
<br />multiunit residences in the county, of which approximately 94,000 (or 82 percent) are covered by
<br />MUH smoking ordinances. 42 (See Appendix B.)
<br />Even though 80 percent of California MUH residents surveyed have indicated that they prefer smoke-
<br />free housing 43 and only 6.6 percent of San Mateo County residents smoke, 44 multiunit housing
<br />smoking bans remain controversial. The debate centers around the conflict between individual property
<br />rights versus the rights of residents to live in a safe, healthy environment.45, 46 However, no U.S. or
<br />California court has found that there is an affirmative right to smoke under either the U.S. Constitution
<br />or California Constitution. 47
<br />36 Official of the San Mateo County Health System: interview by the Grand Jury.
<br />37 "Creating Smokefree Housing. A Model California Ordinance and Checklist," ChangeLab Solutions website, accessed
<br />June 7, 2018. http://changelabsolutions.or"ublications/model-ord-smokefree-housing
<br />38 Chen, Serena. American Lung Association in California and Bay Area Smokefree Housing Project. Belmont Case Study:
<br />Belmont, CA Secondhand Smoke/Multi-Unit Housing Ordinance.
<br />https://www. myctb. orglwst/hcglthylawrence/livewell/TobaccoFreeLivinWAmerican%20Lung%2OAs sociation%2OAdvocat
<br />es%20Toolbox/Module-3Belmont-Case-Study_pdf
<br />39 Smoking Ordinances in San Mateo county jurisdictions. (See Footnote 8)
<br />40 Municipal codes for: Colma hqps://www.colma.ca.gov/municipal-codc/, East Palo Alto
<br />haps://library.municode.com/ca/cast Palo alto/codes/code of ordinances , Half Moon Bay
<br />http://www.codgpublishing.com/CA/HalfMoonBa /, Menlo Park hqp://www.codoublishing.com/CA/MenloPark/,
<br />Millbrae hyj2://www.codgpublishing.com/CA/Millbrae/, Pacifica
<br />https://IibM.municode.com/ca/pacifica/codes/code_of ordinances , Portola Valley
<br />https://library.municode.com/ca/portola_vallev/codes/code_of ordinances , and San Carlos
<br />https://www.codepublishing.com/CA/SanCarlos/.
<br />41 Officials in Atherton, Hillsborough, and Woodside: email responses to the Grand Jury.
<br />42 Officials from cities, towns, and San Mateo County: email responses to the Grand Jury.
<br />43 "Policy Statements. Policy Statement 12: Smoke -Free Housing Choice," California Apartment Association website,
<br />accessed June 7, 2018. https://caanct.or /ag pp/uploads/2015/01/CAA_Policy Statements_ 2013-with-TOC.pdf
<br />44 "California Facts and Figures 2016, Over 25 Years of Tobacco Control in California, September 2016," California
<br />Department of Public Health website, accessed June 7, 2018.
<br />haps://www.cdph.ca. ov/�Pro2rams/CCDPHP/DCDIC/CTCB/CDPH%2ODocument%2OLibrary/ResearchandEvaluation/Fa
<br />ctsandFi moves/2016FactsFi=cs Web.pdf
<br />45 Minutes, City of Half Moon Bay City Council, February 6, 2018.
<br />46 Video, Redwood City City Council, October 2, 2017, Meetings, Agendas, and Minutes, Redwood City website, accessed
<br />June 7, 2018. < http://www.redwoodci!y.org/city-hall/city-council/city-council-meetings=agendas-and-minutes>
<br />47 Samantha K. Graff, "There Is No Constitutional Right to Smoke: 2008, March 2008." A Law Synopsis by the Tobacco
<br />Control Legal Consortium, Tobacco Control Legal Consortium website, accessed June 7, 2018.
<br /><hqp://www.publichealthlawcenter.orWsites/default/files/resources/tcic-syn-constitution-2008.pdf5
<br />2017-2018 San Mateo County Civil Grand Jury
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