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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 26 <br />smoking ordinances and potential enforcement.64 In several jurisdictions, when the alleged smoking <br />offender was not at home, officers would leave a letter, brochure, or door hanger, if their city has one, <br />explaining the smoking ordinance requirements. 65 Complaints data reviewed by the Grand Jury <br />indicates that very few individuals who were contacted by officers regarding alleged smoking <br />ordinance violations were the subjects of subsequent complaints, suggesting that the officers' <br />education approach was effective. 66 <br />According to enforcement officers interviewed by the Grand Jury, even if residents are aware of their <br />rights, they may be reluctant to make complaints because of fear of retaliation from smoking neighbors <br />or landlords. 67 While Belmont, Brisbane, Daly City, Redwood City, San Bruno, and the County of San <br />Mateo's ordinances expressly prohibit retaliation, the MUH smoking ordinances for Burlingame, <br />Foster City, the City of San Mateo, and South San Francisco do not .68 The materials published by <br />MUH jurisdictions also do not inform residents that they may complain anonymously about smoking <br />violations. Vulnerable residents, such as undocumented immigrants, may fear that a complaint could <br />result in disclosure, eviction, or deportation. 69 <br />Local officials interviewed by the Grand Jury opined that enforcement of MUH smoking ordinances <br />might be helped by the use of new smartphone applications (apps) that enable users to take a photo of <br />nuisance code infractions in their jurisdictions, then submit it instantly to enforcement officers. Once <br />received, officers can review the information and follow up with onsite visits. Such photographic <br />evidence of a smoking violation in progress could be deemed the equivalent of an officer viewing the <br />violation, thus allowing the officer to issue a citation to the smoker. 70 <br />At present, Burlingame, Foster City, Redwood City, San Bruno, the City of San Mateo, South San <br />Francisco, and the County of San Mateo provide such apps (Access Burlingame, Foster City Access, <br />myRWC, San Bruno Responds, mySanMateo,71 Engage SSF,72 and Report It! San Mateo County,73 <br />respectively). Officials in the City of San Mateo have used their app only to receive reports on illegal <br />dumping and graffiti, but expressed enthusiasm about its potential to use photos as evidence of other <br />violations including smoking. 74 <br />In the course of its investigation, the Grand Jury learned that certain multiunit properties generate a <br />greater number of smoking complaints than others. 75,76 Few jurisdictions with MUH smoking <br />64 Officials from local code and law enforcement agencies: interviews by the Grand Jury. <br />65 Ibid. <br />66 Ibid. <br />67 Ibid. <br />68 Smoking Ordinances in San Mateo County jurisdictions. (See Footnote 8) <br />69 Officials from local code and law enforcement agencies: interviews by the Grand Jury. <br />70 Officials from local code and law enforcement agencies: interviews by the Grand Jury. <br />71 Officials in the City of San Mateo: interview by the Grand Jury. <br />72 Official in South San Francisco: interview by the Grand Jury. <br />73 Search results for phone applications for all MUH smoking ordinance jurisdictions in San Mateo County. <br />74 Officials in City of San Mateo: interview by the Grand Jury. <br />75 Officials from local code and law enforcement agencies: interviews by the Grand Jury. <br />76 Data on complaints of smoking in MUH submitted to the Grand Jury by officials from local code and law enforcement <br />agencies. <br />2017-2018 San Mateo County Civil Grand Jury 12 <br />
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