By Kenneth Schrupp, ABC 15 News
August 28, 2024- The City of Carlsbad near San Diego, banned smoking from multifamily buildings with three or more units to reduce risk of secondhand smoke. The one city council member to vote against the measure called it an overreach, saying landlords and property managers should be able to make their own choices about their properties.
The ordinance bans smoking and vaping of tobacco and cannabis products both inside and outside buildings, including common areas, with use only permissible in designated smoking zones. The bill does not generally apply to single-family homes, though it does apply to townhomes, which tend not to share air systems with neighboring units.
The ordinance goes into effect on Jan. 1, 2025 and focuses on the risk of secondhand smoke exposure. Violations of this rule are public nuisances that can be pursued via legal action by “any person,” acting for the interests of oneself or others against a tenant violating this ordinance. The ordinance says that a court shall award damages “upon proof of a violation,” and that damages are to be paid according to whether there are provable damages, and in the absence of such damages, $500 for each violation, with each day a separate violation; one week of smoking could cost a tenant $3500 in legal damages to the suing individual or body.
The ordinance prevents landlords or property owners from being targeted by this unless they are owner-residents who are conducting the alleged smoking.
“It feels like an overreach of the city. We shouldn’t be property managers or landlords,” Councilmember Melanie Burkholder said regarding the ordinance, according to NBC 7. “Landlords and property managers can make their own determination within the confines of a lease, and I don’t think the city should be involved, so I can’t support this.”
