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AgdaPkt 2018-10-22 Joint SA PFA
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AgdaPkt 2018-10-22 Joint SA PFA
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Last modified
11/7/2018 8:12:49 AM
Creation date
10/18/2018 5:46:31 PM
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Template:
CC Index
CC Index - Document Type
Agenda Packet
Meeting Type
Joint
Agency Type
City Council and Successor Agency and Public Financing Authority
Date
10/22/2018
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6. 1. E. - Page 23 <br />Legislative efforts to ban smoking in multiunit housing can take years. For example, in Redwood City <br />it took five years until the city's MUH smoking ordinance was passed in October 2017.48 In other <br />municipalities, such as Half Moon Bay, the city council is still considering MUH smoking restrictions <br />as of May 2018.49 <br />Multiunit housing smoking ordinances generally provide the following: <br />• Prohibit smoking (which includes the use of e -cigarettes) of tobacco, recreational marijuana, <br />and other plant materials, in individual units of MUH and all in common areas <br />• Declare secondhand smoke a "nuisance" <br />• Require landlords to post no -smoking signage <br />• Require leases to incorporate smoking restrictions <br />• Prohibit landlords/property managers from "knowingly permitting" smoking and "knowingly <br />or intentionally" permitting ashtrays <br />• Provide for fines between $100 - $250 for smoking violations <br />Ordinances vary on certain provisions, such as whether condominiums are included in their definitions <br />of multiunit housing, acceptable distances from building entrances and windows where outdoor <br />smoking is permitted, and whether smoking medical marijuana is exempted from MUH smoking <br />restrictions. For example, the MUH smoking ordinances for the cities of Brisbane, Burlingame, Daly <br />City, and the County of San Mateo for its unincorporated areas do not prohibit smoking medical <br />marijuana in multiunit housing. 50 <br />DISCUSSION <br />Implementation of ordinances and education <br />Successful implementation of the provisions of a multiunit housing smoking ordinance, following its <br />passage, requires residents to be knowledgeable about their rights under the law. Historically, cities <br />have used press releases, mailings, and community meetings to inform the public of the new rules for a <br />period of time immediately after the law has been passed. However, the Grand Jury found that most <br />jurisdictions did not continue engaging the public after the initial awareness campaign, except when <br />ordinances were amended.51 <br />MUH smoking ordinances place substantial responsibility for implementation on landlords and <br />property managers. For example, most jurisdictions require landlords to install no -smoking signage, <br />modify leases, and set up any designated smoking areas that they choose to permit at the stated <br />minimum distances from building entrances and windows. 52 However, most city governments have <br />48 Official of the San Mateo County Health System: interview by the Grand Jury. <br />49 Zachary Clark, "Half Moon Bay to adopt smoking restrictions," San Mateo Daily Journal, May 17, 2018. <br />hyps://www. smdailyioumal.com/news/local/half-moon-bay-to-adopt-smoking-restrictions/article_948al 8fD-598a-11 e8- <br />a4d4-270086bc37e4.html <br />50 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) <br />51 Officials from local code and law enforcement agencies: interviews by the Grand Jury. <br />52 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) <br />2017-2018 San Mateo County Civil Grand Jury <br />
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