HomeMy WebLinkAbout2024-08-20; City Council; ; Adoption of Ordinance No. CS-475 Adding Chapter 6.15 to the Carlsbad Municipal Code to prohibit smoking in multi-unit residencesCA Review CKM
Meeting Date: Aug. 20, 2024
To: Mayor and City Council
From: Scott Chadwick, City Manager
Staff Contact: Faviola Medina, City Clerk Services Director
faviola.medina@carlsbadca.gov, 442-339-5989
Subject: Adoption of Ordinance No. CS-475 Adding Chapter 6.15 to the Carlsbad
Municipal Code to prohibit smoking in multi-unit residences
District: All
Recommended Action
Adoption of Ordinance No. CS-475 adding Chapter 6.15 to the Carlsbad Municipal Code to prohibit
smoking in multi-unit residences.
Executive Summary
Housing Element Program 1.12 directed the city to consider by December 2023 the merits of an
ordinance that would prohibit smoking in multi-family housing throughout the city. To satisfy this
requirement, the City Council received a report on Aug. 22, 2023, describing different options to
regulate anti-smoking housing environments. At the conclusion of that presentation, the City
Council directed staff to prepare an ordinance that would prohibit smoking in and around multi-
unit residences throughout the city. The City Council also expressed interest in reviewing potential
education and enforcement options.
On July 30, 2024, staff presented a report to respond to that direction and proposed an ordinance
for the City Council’s consideration that would prohibit smoking in multi-unit residential buildings
and in their outdoor common areas. It included an option that would allow for the creation of
designated outdoor smoking areas that meet specific criteria.
The proposed ordinance would ban smoking of tobacco and cannabis products, including vaping,
inside and outside multi-unit buildings containing three or more units, including apartment
buildings, condominiums, townhomes, senior and assisted living facilities and long-term health
care facilities. It would apply to both rental and for-sale housing units.
The City Council is now being asked to adopt Ordinance No. CS-475 that was introduced on
July 30, 2024, adding Chapter 6.15 to the Carlsbad Municipal Code to prohibit smoking in
multi-unit residences.
Aug. 20, 2024 Item #8 Page 1 of 26
Explanation & Analysis
Ordinance No. CS-475 was introduced and first read at the City Council meeting held on July 30,
2024. On a motion by Mayor Pro Tem Bhat-Patel, seconded by Council Member Acosta, the City
Council voted 4/1, with Council Member Burkholder voting no, to introduce Ordinance No. CS-475
adding Chapter 6.15 to the Carlsbad Municipal Code to prohibit smoking in multi-unit residences.
The second reading allows the City Council to adopt the ordinance.
Fiscal Analysis
There is no anticipated fiscal impact from this action.
Next Steps
The City Clerk’s Office will certify adoption of the ordinance and will have the ordinance, or a
summary of the ordinance prepared by the City Attorney, published in a newspaper of general
circulation within 15 days following the adoption of the ordinance.
The ordinance will be effective 30 days following its adoption; however, the ordinance’s smoking
prohibitions and related requirements would begin Jan. 1, 2025. Prior to then, the city will conduct
public outreach to inform tenants, landlords and property managers about the prohibitions.
Environmental Evaluation
In keeping with California Public Resources Code Section 21065, the proposed project to
strengthen the city’s smoking regulations for indoor air quality does not qualify as a project within
the meaning of the California Environmental Quality Act because it has no potential to cause
either a direct physical change in the environment, or a reasonably foreseeable indirect physical
change in the environment. The goal of the proposed amendments to the Municipal Code are to
enhance protections for people against the dangers of secondhand smoke, reduce fire hazards,
and reduce property damage caused by tobacco smoke. Therefore, the recommended action does
not require environmental review.
Exhibit
1.Ordinance No. CS-475
2.Correspondence received July 31, 2024, through Aug. 14, 2024
Aug. 20, 2024 Item #8 Page 2 of 26
Exhibit 1
ORDINANCE NO. CS-475
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
CALIFORNIA, ADDING CHAPTER 6.15 TO THE CARLSBAD MUNICIPAL CODE
TO PROHIBIT SMOKING IN MULTI-UNIT RESIDENCES
CASE NAME: SMOKE-FREE MULTI-UNIT HOUSING ORDINANCE
CASE NO.: ZCA2024-0004
WHEREAS, tobacco use causes death and disease and continues to be an urgent public health
threat; and
WHEREAS, exposure to secondhand smoke causes death and disease; and
WHEREAS, nonsmokers who live in multi-unit residences can be exposed to neighbors'
secondhand smoke; and
WHEREAS, smoking is a leading cause of fire deaths and fire-related injury, and contributes to
fire-related health inequities; and
WHEREAS, the U.S. Surgeon General has concluded that eliminating smoking in indoor spaces
is the only way to fully protect nonsmokers from secondhand smoke exposure and that separating
smokers from nonsmokers, cleaning the air, and ventilating buildings cannot completely prevent
secondhand smoke exposures; and
WHEREAS, several studies have confirmed that smoke free multi-unit residential policies are
the most effective method to fully reduce secondhand smoke exposure in multi-unit residences; and
WHEREAS, there is no constitutional right to smoke; 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, local governments have broad latitude to declare nuisances and are not constrained
by prior definitions of nuisance.
NOW, THEREFORE, the City Council of the City of Carlsbad, California, ordains as follows that:
SECTION I: The above recitations are true and correct.
SECTION II: The Carlsbad Municipal Code is amended by adding Chapter 6.15 to read as
follows:
Chapter 6.15
PROHIBITION OF SMOKING IN MULTIUNIT RESIDENCES
Aug. 20, 2024 Item #8 Page 3 of 26
Sections:
6.15.010 Purpose and intent.
6.15.020 Definitions.
6.15.030 Smoking restrictions.
6.15.040 Lease agreement requirements.
6.15.050 Noticing requirements for rental properties
6.15.060 Noticing requirements for common interest developments.
6.15.070 Nuisance.
6.15.080 Private enforcement.
6.15.090 Limitations and exceptions.
6.15.100 Rules of construction.
6.15.110 Severability.
6.15.010 Purpose and intent.
The purpose of this chapter is to prohibit the smoking of tobacco, or any other weed or plant or
substance, in multiunit residences or common areas. This chapter protects the public from
nonconsensual exposure by reducing the number of locations in the city where exposure to
secondhand smoke may occur.
6.15.020 Definitions.
For the purposes of this chapter the following definitions shall govern unless the context clearly
requires otherwise:
“Common area” means every enclosed area and unenclosed area of a multiunit residential
development that residents of more than one unit are entitled to enter or use, including
entryways, halls, pathways, lobbies, courtyards, elevators, stairs, community rooms, playgrounds,
gym facilities, swimming pools, pool areas, offices, parking garages, parking lots, grassy or
landscaped areas, restrooms, laundry rooms, cooking areas, and eating areas.
“Common interest development” means:
1. A community apartment project as defined in California Civil Code section 4105, or any
successor legislation;
2. A condominium project as defined in California Civil Code section 4125, or any successor
legislation;
3. A planned development as defined in California Civil Code section 4175, or any successor
legislation; and
4. A stock cooperative as defined in California Civil Code section 4190, or any successor
legislation.
“Designated smoking area” means an area where smoking is permitted, as designated by a landlord,
HOA or other person with legal control of the premises and has been established and maintained
in accordance with the provisions of this chapter.
“Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized
substance to the person inhaling from the device, including an e-cigarette, e-cigar, e-pipe, vape
pen, or e-hookah.
“Enclosed area” means all space between a floor and a ceiling that is bounded by walls, doorways, or
windows, whether open or closed, covering more than 50 percent of the combined surface area
Aug. 20, 2024 Item #8 Page 4 of 26
of the vertical planes constituting the perimeter of the area. A wall includes any retractable
divider, garage door, or other physical barrier, whether temporary or permanent.
“Existing unit” means a unit in existence on or before January 1, 2025.
“Homeowners’ association” or “HOA” means an organization or entity established for the purpose of
managing or maintaining a common interest development. A homeowners’ association shall also
mean “association” as defined in California Civil Code section 4080, or any successor legislation.
“Landlord” means any person or agent of a person who owns, manages, or is otherwise legally
responsible for a unit in a multiunit residence leased to a residential tenant. For purposes of this
ordinance, a tenant who sublets their unit (e.g., a sublessor) is not a landlord.
“Multiunit residential development” means property containing three or more units, including
apartment buildings, common interest developments, senior and assisted living facilities, and
long-term health care facilities. Multiunit residential developments do not include the following:
1. a hotel or motel that meets the requirements of California Civil Code section 1940(b)(2);
2. a mobile home park;
3. a campground;
4. a duplex building designed exclusively for occupancy by two households living independently
of each other and containing two units; except if one unit is used as a health care facility
subject to licensing requirements;
5. a single-family home designed as a free-standing unit which is separated (detached) from any
other unit, except if used as a health care facility subject to licensing requirements; and
6. a single-family home with an accessory dwelling unit and/or junior accessory dwelling unit
permitted pursuant to California Government Code sections 65852.1, 65852.2, or 65852.22
or Section 21.10.030 of this code, except where the accessory dwelling unit or junior
accessory dwelling unit is used as a health care facility subject to licensing requirements.
“New lease” means any lease or rental agreement or renewal or extension of lease or rental agreement
that allows a person to occupy a unit that is entered into on or after January 1, 2025.
“New unit” means a unit that is issued a certificate of occupancy and approved for occupancy after
January 1, 2025, or any unit that is leased or rented for residential use for the first time after
January 1, 2025.
“Nonsmoking area” means any area in which smoking is prohibited by
1. this chapter or another law;
2. binding agreement relating to the ownership, occupancy, or use of real property; or
3. a person with legal control over the area.
“Person” means any natural person, partnership, cooperative association, corporation, personal
representative, receiver, trustee, assignee, or any other legal entity, including government
agencies.
“Rent” means the consideration charged, whether or not received, for the use or possession or the
right to the use or possession of any room or rooms or portion thereof for dwelling, lodging, or
sleeping purposes, valued in money, whether to be received in money, goods, labor or otherwise,
including all receipts, cash, credits, and property and services of any kind of nature, without any
deduction therefrom whatsoever.
“Smoke” or “smoking” means and includes (1) inhaling, exhaling, or burning, any tobacco, nicotine,
cannabis or plant product, or other substance, whether natural or synthetic; (2) carrying any
lighted, heated or activated tobacco, nicotine, marijuana, or plant product, or other substance,
whether natural or synthetic, intended for inhalation; or (3) using an “electronic smoking device.”
Aug. 20, 2024 Item #8 Page 5 of 26
“Unenclosed area” means any area that is not an enclosed area.
“Unit” means a personal dwelling space, even one lacking cooking facilities or private plumbing
facilities, and includes any associated exclusive-use area, such as a private balcony, porch, deck,
garage, parking space, or patio. “Unit” includes, without limitation, an apartment; a condominium;
a townhouse; a room in a senior facility; a room in a long-term health care facility, assisted living
facility, community care facility, or hospital; a room in a hotel or motel; a dormitory room; a room
in a single-room occupancy facility; a room in a homeless shelter; a mobile home; a camper vehicle
or tent; a single-family home; and an accessory dwelling unit or junior accessory dwelling unit.
6.15.030 Smoking restrictions.
A. Effective January 1, 2025, smoking is prohibited anywhere on the premises of a multiunit
residential development as follows:
1. In all new units;
2. In all existing owner-occupied units within a common interest development;
3. In all existing tenant-occupied units governed by a new lease or renewal or extension of lease
or month to month tenancy; and
4. In all common areas.
B. Notwithstanding subsection A, smoking is permitted in designated smoking areas if they meet the
following conditions:
1. Are not an enclosed area;
2. Are at least twenty-five feet from any:
a. doorway, window, opening, or other vent into an enclosed area, including an enclosed
area not regulated by this chapter;
b. enclosed or unenclosed recreation area such as a tennis court, swimming pool, and
picnic area; or
c. enclosed or unenclosed area primarily used by children such as a playground.
3. Have a clearly marked perimeter;
4. Are identified by conspicuous signs installed and maintained by the landlord, HOA or other
person with legal control over the designated smoking area; and
5. Have receptacles designed for and primarily used for disposal of smoking waste and that are
maintained free of smoking-related litter, including cigarette butts.
6. Must not overlap with any area in which smoking is otherwise prohibited by this chapter or
other provisions of state or federal law.
C. No person with legal control over any nonsmoking area of a multiunit residential development
shall permit smoking in the nonsmoking area, except as provided in subsection B.
D. No person with legal control over a common area in which smoking is prohibited by this chapter
or other law shall permit the presence of ashtrays, ashcans, or other receptacles designed for or
primarily used for disposal of smoking waste within the area.
6.15.040 Lease agreement requirements.
A. After January 1, 2025, every lease or other rental agreement for the occupancy of a unit in a
multiunit residential development entered into, renewed, or continued month-to-month shall
include the following provisions:
Aug. 20, 2024 Item #8 Page 6 of 26
1. A clause providing that it is a material breach of the agreement for the tenant to knowingly
and intentionally allow, or engage in, smoking in the unit, including exclusive-use areas such
as balconies, porches, or patios. The clause shall be substantially similar to the following:
It is a material breach of this agreement for tenant to engage in smoking in the unit or
exclusive use areas such as balconies, porches, or patios. Moreover, it is a material
breach of this agreement for tenant to knowingly or intentionally allow any other person
subject to the control of the tenant to engage in smoking in the unit or exclusive use
areas such as balconies, porches, or patios.
2. A clause providing that it is a material breach of the agreement for tenant to knowingly and
intentionally allow, or engage in, smoking in any common area of the multiunit residence,
including entryways, playgrounds, pool areas, walking paths, or sitting areas, except in an
outdoor designated smoking area. The clause shall be substantially similar to the following:
It is a material breach of this agreement for tenant to engage in smoking in any common
area of the property, including entryways, playgrounds, pool areas, walking paths, or
sitting areas, except in an outdoor designated smoking area, if one exists. In addition, it
is a material breach of this agreement for tenant to knowingly or intentionally allow any
other person subject to the control of the tenant to engage in smoking in any common
area of the property, including entryways, playgrounds, pool areas, walking paths, or
sitting areas, except in an outdoor designated smoking area, if one exists.
3. A clause providing that it is a material breach of the agreement for tenant to violate any law
regulating smoking while anywhere on the property, or to allow any other person subject to
the control of the tenant to engage in such behavior. The clause shall be substantially similar
to the following:
It is a material breach of this agreement for tenant to violate any law regulating smoking
while anywhere on the property. Moreover, it is a material breach of this agreement for
tenant to knowingly or intentionally allow any other person subject to the control of the
tenant to violate any law regulating smoking while anywhere on the property. Tenant
will inform tenant’s guests and/or subleases of the non-smoking policy. Tenant will also
promptly give landlord a written statement of any incident where tenant observes
smoking not allowed by this policy or believes smoke is migrating into the tenant’s unit
from sources outside the tenant’s unit.
Violation of the above is just cause for the landlord to refuse to renew a lease for
another lease term or to terminate tenancy. Landlord shall first provide an opportunity
to the tenant to cure the violation, then may issue a notice of non-renewal or to
terminate tenancy for a subsequent violation.
4. A clause expressly conveying third-party beneficiary status to all occupants of the multiunit
residential development as to the smoking provisions of the lease or other rental agreement.
The clause shall be substantially similar to the following:
Other occupants of the property are express third-party beneficiaries of the provisions
in this agreement regarding smoking. As third-party beneficiaries, other occupants of
the property may enforce the smoking provisions by any lawful means, including by
bringing a civil action in a court of law against the tenant or occupant smoking or the
person knowingly or intentionally allowing any other person subject to the control of
the tenant to violate any law regulating smoking while anywhere on the property. This
provision does not create a private right of action for a tenant or occupant against the
Aug. 20, 2024 Item #8 Page 7 of 26
landlord for any damages the tenant or occupant may suffer due to another tenant’s
breach of any smoking provision.
B. Whether or not a landlord complies with subsection A above, the clauses required by subsection
A shall be implied and incorporated by law into every agreement to which subsection A applies as
of January 1, 2025.
C. A tenant who breaches, or allows any other person subject to the control of the tenant to breach,
a smoking provision of a lease or other rental agreement for the occupancy of a unit in a multiunit
residential development shall be liable for the breach to (1) the landlord; and (2) any occupant of
the multiunit residential development who is exposed to smoke or who suffers damages as a result
of the breach. This chapter does not create a private right of action for a tenant or other occupant
against a landlord for any damages the tenant or occupant may suffer due to another tenant's
breach of any smoking provision in a lease or other rental agreement, so long as the landlord has
fully complied with the terms of this chapter.
D. Failure to enforce any smoking provision required by this chapter shall not affect the right to
enforce the provision in the future, nor shall a waiver of any breach constitute a waiver of any
subsequent breach or a waiver of the provision itself.
6.15.050 Noticing requirements for rental properties.
The following requirements apply to multiunit residential developments, other than units in a common
interest development that are not being rented:
A. On or before January 1, 2025, every landlord shall deliver to each unit a written notice clearly
stating:
1. All new units and existing units governed by a new lease or other rental agreement are
designated nonsmoking units and smoking is prohibited in a unit, including any associated
private balcony, porch, deck, or patio, as of January 1, 2025; and
2. Smoking in all common areas or outdoor areas except for specifically designated smoking
areas, is prohibited as of January 1, 2025.
B. As of January 1, 2025, the person or persons with legal control over common areas shall post and
maintain clear and unambiguous “No Smoking” signs at entrances and exits, in sufficient numbers
and locations in common areas, and in conspicuous places adjoining the property grounds to make
it obvious to a reasonable person that smoking is prohibited. The absence of signs shall not be a
defense to a violation of any provision of this chapter. “No Smoking” signs are not required inside
or on doorways of units.
C. Landlords with knowledge of violations shall take reasonable steps to investigate and enforce the
regulations, including a written notice to the resident of the landlord’s knowledge of the violation,
a request to cease the violation, and the course of action to be taken if the violation is not
corrected, including but not limited to eviction for failure to cease smoking on the property. The
landlord shall also distribute resources provided for free by the city to assist with nicotine
dependence, such as referrals to a quitline or online resources.
6.15.060 Requirements for common interest developments.
The following requirements apply to common interest developments:
A. On or before January 1, 2025, the HOA shall provide to all owners of units a written notice clearly
stating that:
Aug. 20, 2024 Item #8 Page 8 of 26
1. Smoking is prohibited in units, including any associated private balcony, porch, deck, or patio,
as of January 1, 2025; and
2. Smoking is prohibited in all common areas, except for specifically designated smoking areas,
as of January 1, 2025.
B. As of January 1, 2025, every seller of a unit shall provide prospective buyers or renters, a written
notice clearly stating that:
1. Smoking is prohibited in units, including any associated private balcony, porch, deck, or patio,
as of January 1, 2025; and
2. Smoking is prohibited in all common areas, except for specifically designated smoking areas,
as of January 1, 2025.
C. Every covenant, condition and restriction (CC&R) applicable to a multiunit residential
development adopted or amended after January 1, 2025, shall include the conditions set forth
below:
1. A clause providing that it is a material breach of the CC&Rs to allow or engage in smoking in
any unit, including exclusive-use areas, such as balconies, porches, or patios;
2. A clause providing that it is a material breach of the CC&Rs for an occupant or any other
person subject to the control of the occupant to engage in smoking in any common area of
the multiunit residence other than a designated smoking area;
3. A clause providing that it is a material breach of the CC&Rs for an occupant or any other
person subject to the control of the occupant to violate any law regulating smoking while
anywhere on the property; and
4. A clause expressly conveying third-party beneficiary status to all occupants of the multi-unit
residential development as to the smoking provisions of the CC&Rs.
D. As of January 1, 2025, the HOA, or any person having legal ownership or control over common
areas, shall post and maintain clear and unambiguous “No Smoking” signs in sufficient numbers
and locations in the common interest development to make it obvious to a reasonable person that
smoking is prohibited throughout the common interest development. The absence of signs shall
not be a defense to a violation of any provision of this chapter.
E. HOAs with knowledge of violations shall take reasonable steps to investigate and enforce the
regulations, including a written notice to the resident of the HOA’s knowledge of the violation, a
request to cease the violation, and the course of action to be taken if the violation is not corrected.
The HOA shall also distribute resources provided for free by the city to assist with nicotine
dependence, such as referrals to a quitline or online resources.
F. An owner-occupant who breaches or allows any other person subject to the control of the owner-
occupant to breach a smoking provision of the CC&R shall be liable for the breach to (1) the HOA;
and (2) any occupant of the multiunit residence who is exposed to smoke or who suffers damages
as a result of the breach. This chapter does not create a private right of action for an owner-
occupant or other occupant against a HOA for any damages the owner-occupant or occupant may
suffer due to another owner-occupant's breach of any smoking provision, so long as the HOA has
fully complied with the terms of this chapter.
G. Failure to enforce any smoking provision required by this chapter shall not affect the right to
enforce the provision in the future, nor shall a waiver of any breach constitute a waiver of any
subsequent breach or a waiver of the provision itself.
Aug. 20, 2024 Item #8 Page 9 of 26
6.15.070 Nuisance.
A. Any smoking in violation of this chapter is a public nuisance.
B. Nonconsensual exposure to smoke from smoking occurring on or drifting into residential property
is a nuisance.
6.15.080 Private enforcement.
A. Any person, including a legal entity, organization, or a government agency, acting for the interests
of itself, its members, or the general public, may bring a civil action against any tenant or owner-
occupant violating the provisions of this chapter. Upon proof of a violation, a court shall award the
following:
1. Damages in the amount of either:
a. Upon proof, actual damages; or
b. With insufficient or no proof of actual damages, $500 for each violation of this chapter
("Statutory Damages"). Each day of a continuing violation is a separate violation.
Notwithstanding any other provision of this chapter, no person suing on behalf of the
general public shall recover Statutory Damages based upon a violation of this chapter if
a previous claim brought on behalf of the general public by another person for Statutory
Damages and based upon the same violation has been adjudicated, whether or not the
person bringing the subsequent claim was a party to the prior adjudication.
2. Exemplary damages, where it is proven by clear and convincing evidence that the defendant
(i.e., person violating this chapter) is guilty of oppression, fraud, malice, retaliation, or
conscious disregard for the public health.
3. This section does not create a private right of action for a tenant against a landlord, or an
owner-occupant against a HOA, for any damages the tenant or owner-occupant may suffer
due to another occupant’s breach of any smoking provision in a lease or other rental
agreement or CC&R, so long as the landlord or HOA has fully complied with the terms of this
chapter.
C. The person may also bring a civil action to enforce this chapter by way of a conditional judgment
or an injunction. Upon proof of a violation, the court shall issue a conditional judgment or an
injunction.
D. Notwithstanding any legal or equitable bar against a person seeking relief on their own behalf, a
person may bring an action to enforce this chapter solely on behalf of the general public. When a
person brings an action solely on behalf of the general public, nothing about such an action shall
act to preclude or bar the person from bringing a subsequent action based upon the same facts
but seeking relief on their own behalf.
E. Nothing in this chapter shall prohibit a person from bringing a civil action in small claims court to
enforce this chapter, so long as the amount in demand and the type of relief sought are within the
jurisdiction of that court.
F. No person may bring an action pursuant to this section unless that person has first made a good
faith attempt to resolve the situation informally with the offending party, including written notice
of this section to the offending party and a written request to cease smoking in the multiunit
residential development at least 30 days before filing suit.
G. No person shall intimidate, harass, or otherwise retaliate against any person who seeks
compliance with this chapter.
Aug. 20, 2024 Item #8 Page 10 of 26
6.15.090 Limitations and exceptions.
Nothing in this chapter shall limit or preclude the enforcement of any other applicable laws or limit the
remedies available for violations of this chapter, including the enforcement provisions of Chapter 1.10
of this code. Nothing in this chapter shall create a right of action in any person against the city or its
agents to compel public enforcement of this chapter against private parties.
6.15.100 Rules of construction.
The provisions of this chapter shall be liberally construed to protect the public health to the maximum
extent possible. Notwithstanding (1) any provision of this chapter or of this code, (2) any failure by any
person to restrict smoking under this chapter, or (3) any explicit or implicit provision of this code that
allows smoking in any place, nothing in this code shall be interpreted to limit any person’s legal rights
under other laws with regard to smoking, including rights in nuisance, trespass, property damage, and
personal injury or other legal or equitable principles.
6.15.110 Severability.
If any portion of this chapter, or its application to particular persons or circumstances, is held to be
invalid or unconstitutional by a final decision of a court of competent jurisdiction, the decision will not
affect the validity of the remaining portions of this chapter or the application of this chapter to persons
or circumstances not similarly situated.
EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and the City
Clerk shall certify the adoption of this ordinance and cause the full text of the ordinance or a summary
of the ordinance prepared by the City Attorney to be published at least once in a newspaper of general
circulation in the City of Carlsbad within fifteen days after its adoption.
Aug. 20, 2024 Item #8 Page 11 of 26
INTRODUCED AND FIRST READ at a Regular Meeting of the Carlsbad City Council on the 30th
day of !!!.!Y, 2024, and thereafter
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the City of
Carlsbad on the 20th day of August, 2024, by the following vote, to wit:
AYES:
NAYS:
ABSTAIN:
ABSENT:
BLACKBURN, BHAT-PATEL, ACOSTA, LUNA.
BURKHOLDER.
NONE.
NONE.
APPROVED AS TO FORM AND LEGALITY:
KEITH BLACKBURN, Mayor
SHERRY FREISINGER, City Clerk
(SEAL)
Aug. 20, 2024 Item #8 Page 12 of 26
Exhibit 2
Aug. 20, 2024 Item #8 Page 13 of 26
Tammy Cloud-McMinn
From:
Sent:
To:
Molly Kirkland <mkirkland@socalrha.org>
Wednesday, July 31, 2024 11 :12 AM
Mike Strong
Subject: Re: Smoke-Free Multi-Unit Housing Proposal in Development
Thanks for the update. I'm happy to help with the site.
On Jul 31, 2024, at 1:07 PM, Mike Strong <Mike.Strong@carlsbadca.gov> wrote:
Council approved the ordinance 4-1 as proposed. No changes. I will follow-up with more
information. I might even share a beta-version of our website and it may be helpful to hear if it has
everything that is needed or .if you have suggestions on-improvements.
<image001 .gif>
Mike Strong
Assistant Director of Community Development
Community Development Department
1635 Faraday Ave.
Carlsbad, CA 92008
442-339-2721 direct I mike.strong@carlsbadca.gov
From: Molly Kirkland <mkirkland@socalrha .org>
Sent: Wednesday, July 31, 2024 10:04 AM
To: Mike Strong <Mike.Strong@carlsbadca.gov>
Subject: RE: Smoke-Free Multi-Unit Housing Proposal in Development
Hi Mike,
Can you share the outcome from yesterday? Apologies again I couldn't be there and I wasn't in a
place I could tune in.
Thanks!
Molly
From: Mike Strong <Mike.Strong@carlsbadca.gov>
Sent: Thursday, July 18, 2024 3:39 PM
To: Molly Kirkland <mkirkland@socalrha .org>
Subject: RE: Smoke-Free Multi-Unit Housing Proposal in Development
I'll send you an appointment for 2 pm Monday.
I think I accepted all of your changes, if not nearly all of them. They were really helpful.
1
Aug. 20, 2024 Item #8 Page 14 of 26
Thanks.
<image001.gif>
Mike Strong
Assistant Director of Community Development
Community Development Department
1635 Faraday Ave.
Carlsbad, CA 92008
442-339-2721 direct I mike.strong@carlsbadca.gQY
From: Molly Kirkland <mkirkland@socalrha.org>
Sent: Thursday, July 18, 2024 3:33 PM
To: Mike Strong <Mike.Strong@carlsbadca .gov>
Subject: RE: Smoke-Free Multi-Unit Housing Proposal in Development
Okay, thanks. Unfortunately, I have to be out of town that day for a conference so I will try and find
someone to attend in my place.
Tomorrow is tough. Monday is fairly open with the exception of 11-Noon. I can do Tuesday
afternoon. Wednesday, Thursday, and Friday are pretty open.
From: Mike Strong <Mike.Strong@carlsbadca .gov>
Sent: Thursday, July 18, 2024 3:29 PM
To: Molly Kirkland <mkirkland@socalrha.org>
Subject: RE: Smoke-Free Multi-Unit Housing Proposal in Development
The date appears to be certain and wont change.
It might be good for us to have a quick call (virtual meeting) and run through your comments and
see how they were incorporated. Are you available tomorrow or sometime next week?
<image001 .gif>
Mike Strong
Assistant Director of Community Development
Community Development Department
1635 Faraday Ave.
Carlsbad, CA 92008
442-339-2721 direct I mike.strong@carlsbadca.gov
From: Molly Kirkland <mkirkland@socalrha.org>
Sent: Wednesday, July 17, 2024 12:22 PM
To: Mike Strong <Mike.Strong@carlsbadca.gov>
Subject: RE: Smoke-Free Multi-Unit Housing Proposal in Development
Hi Mike,
2
Aug. 20, 2024 Item #8 Page 15 of 26
Hope all is well. I see that the tentative date was moved to July 30. What's the likelihood of that
date at this point? Is the new draft available for review?
Many thanks!
Molly Kirkland, Director of Public Affairs
Southern California Rental Housing Association
9655 Granite Ridge Drive #200, San Diego, CA 92123
Office: 858.278.8070 I Direct: 858.751.2200
mkirkland@socalrha.org I www.socalrha.org
From: Mike Strong <Mike .Strong@carlsbadca .gov>
Sent: Friday, May 31, 2024 11:21 AM
To : Molly Kirkland <mkirkland@socalrha.org>
Subject: RE: Smoke-Free Multi-Unit Housing Proposal in Development
We are targeting June 25th-
I will send a follow-up email that shows tracked changes to the draft ordinance. Most if not all of
your requested revisions were incorporated.
<image001.gif>
Mike Strong
Assistant Director of Community Development
Community Development Department
1635 Faraday Ave.
Carlsbad, CA 92008
442-339-2721 direct I mike.strong@carlsbadca.g@
From: Molly Kirkland <mkirkland@socalrha.org>
Sent: Friday, May 31, 2024 11:16 AM
To : Mike Strong <Mike.Strong@carlsbadca.gov>
Subject: RE: Smoke-Free Multi-Unit Housing Proposal in Development
Hi Mike,
I hope this message finds you well. Any updates on when we might another draft or when this might
be presented to council?
Thanks again for including us in this process.
Best,
Molly Kirkland, Director of Public Affairs
Southern Ca lifornia Rental Housing Association
9655 Granite Ridge Drive #200, San Diego, CA 92123
3
Aug. 20, 2024 Item #8 Page 16 of 26
Office: 858.278.8070 I Direct: 858.751.2200
mkirkland@socalrha.org I www.socalrha.org
From: Mike Strong <Mike .Strong@carlsbadca.gov>
Sent: Wednesday, May 1, 2024 9:50 AM
To: Mike Strong <Mike .Strong@carlsbadca.gov>
Subject: Re: Smoke-Free Multi-Unit Housing Proposal in Development
Blind copied property managers, landlords, and HOA billing parties:
On April 8th I sent an email notifying you that the city had begun working on a draft ordinance
proposal to potentially ban or limit where smoking could occur on multi-unit residential
properties. The public review period was set for two weeks.
We received 27 emails expressing support or opposition to the proposal. We are in the process of
reviewing each correspondence.
This email is to let you know that we received your comment letter. {All that responded with
comments are being sent this email.)
Thanks.
<image001.gif>
Mike Strong
Assistant Director of Community Development
Community Development Department
1635 Faraday Ave .
Carlsbad, CA 92008
442-339-2721 direct I mike.strong@carlsbadca.gQY
From: Mike Strong
Sent: Monday, April 8, 2024 11:57 AM
Cc: Mike Strong <Mike.Strong@carlsbadca.gov>
Subject: Smoke-Free Multi-Unit Housing Proposal in Development
Good morning, property manager and multi-unit landlords or homeowner:
4
Aug. 20, 2024 Item #8 Page 17 of 26
The City of Carlsbad is working on developing an ordinance (city law) that would ban smoking
(including vaping) inside and outside apartments, condos and other multi-unit homes, except
for certain designated outdoor spaces. The ordinance is now available for public review and
comment. It is attached to this email.
Before submitting the ordinance to the City Council, city staff is reaching out to property
managers and multi-unit landlords and homeowners to review the proposal and to take public
input. (The ordinance ultimately presented to City Council may change based on public
feedback.) You are receiving this email because you own a multi-unit building or unit within a
multi-unit building or manage the property and may be impacted by such smoking prohibition
or may be interested in the ordinance.
What kinds of properties are included in the draft ordinance? Property containing three or
more residential units, including:
1. Apartment buildings
2. Condos
3. Senior and assisted living facilities
4. Long-term health care facilities
5. Single family homes licensed as care facilities
What is not included? Multiunit residences do not inclu.de the following:
1. Hotels and motels
2. Mobile home parks
3. Campgrounds
4. Single family homes (including those with accessory dwelling units)
Where would smoking be banned?
1. In units
2. Private balconies
3. Porches
4. Decks
5. Patios
6. Common areas (except those designated as smoking areas).
If approved, the new rules would go into effect Jan. 1, 2025.
Over the next two weeks, city staff are engaging stakeholders in a full review of the draft
ordinance in an effort provide additional opportunities for education and input. All interested
persons are invited to review the draft ordinance (attached) and provide feedback between
April 8th and April 22nd. If you would like to provide comment during the public review
period, please email mike.strong@carlsbadca.gov prior to 5:00 p.m. on April 22, 2024.
After the public review period you will also be invited to attend the hearing and comment upon
any proposed action, express opinions, or submit evidence for or against the matter as outlined
above. For this reason, we will continue to use this email distribution list to provide status
updates, provide notice of the public hearing for ordinance introduction, and share the City
Council's decision. If you would like to be removed from this email distribution list, please let
me know.
You may also visit the following link for project updates.
5
Aug. 20, 2024 Item #8 Page 18 of 26
Smoke-Free Multiunit Housing I Carlsbad, CA (carlsbadca.gov)
<image001.gif>
Mike Strong
Assistant Director of Community Development
Community Development Department
1635 Faraday Ave.
Carlsbad,CA 92008
442-339-2721 direct I mike.strong@carlsbadca.gov
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know the content is safe.
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know the content is safe.
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know the content is safe.
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6
Aug. 20, 2024 Item #8 Page 19 of 26
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Hi Mike,
Pamela Martin < pamelakaymartin@gmail.com >
Thursday, August 1, 2024 9:55 AM
Mike Strong
Re: AMENDMENT TO THE CARLSBAD MUNICIPAL CODE TO PROHIBIT SMOKING IN
MULTIUNIT RESIDENCES
It is my understanding that the smoking ordinance passed by a vote of three to two. And with the proviso
that enforcement options two and three. Does this Ordinance require another vote to be enacted?
I am responding to a story that seems lopsided to say the least.
https://www.nbcsandiego.com/news/local/carlsbad-considers-ban-smoking-multi-unit-
homes/3583699/
On Wed, Jul 31, 2024 at 9:20 AM Mike Strong <Mike.Strong@carlsbadca.gov> wrote:
I will send over the signed ordinance after the second reading.
The ordinance attached to last night's report/presentation included options 2 and 3. So it remains intact. The
word document is attached.
(City of
Carlsbad
1 Mike Strong
Assistant Director of Community Development
Community Development Department
1635 Faraday Ave.
Carlsbad, CA 92008
442-339-2721 direct I mike.strong@carlsbadca.gov
1
Aug. 20, 2024 Item #8 Page 20 of 26
From: Pamela Martin <pamelakaymartin@gmail.com>
Sent: Tuesday, July 30, 2024 7:19 PM
To: Mike Strong <Mike.Strong@carlsbadca.gov>
, Subject: AMENDMENT TO THE CARLSBAD MUNICIPAL CODE TO PROHIBIT SMOKING IN MULTIUNIT RESIDENCES
Dear Mr. Strong,
Thank you for your excellent presentation regarding Item #1 O of the Municipal Code.
Would you please send me the updated wording of the code including the wording of the enforcement
options as soon as available.
' Thank you very much.
Regards,
Pamela Kay Martin
619-987-7936
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is safe.
Pamela Kay Martin
619-987-7936
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2
Aug. 20, 2024 Item #8 Page 21 of 26
Tammy Cloud -McMinn
From:
Sent:
To:
Subject:
Casie Hauser <casie.hauser44@gmail.com>
Saturday, August 3, 2024 9:16 PM
Mike Strong
Carlsbad new smoking law
So if someone has a prescribed medical marijuana card from their doctor, how can you make it illegal to smoke in your
own home ? That goes against the law. Tell me how your going to add stipulation, regarding the law?
Sent from my iPhone
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Aug. 20, 2024 Item #8 Page 22 of 26
Tammy Cloud-McMinn
From: Sheila Cobian
Sent:
To:
Monday, August 5, 2024 11 :10 AM
City Clerk
Subject: FW: Smoking in Rentals
To be included as correspondence with the Ordinance for Adoption report on Aug. 20
From: Beckysue <rsneary1956@gmail.com>
Sent: Sunday, August 4, 2024 6:40 PM
To: Council Internet Email <council@carlsbadca.gov>
Subject: Smoking in Rentals
I do not live in Carlsbad but am glad you are trying to address smoking in shared spaces.
One woman interviewed on tv was saying it would violate her civil rights but if persons choose to use
tobacco or marijuana it need not be smoked.
Thanks for leading the way on this!
Rebecca Neary
Jamul CA
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1
Aug. 20, 2024 Item #8 Page 23 of 26
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Hello Mike,
Peggy Walker <pwalker323@yahoo.com>
Monday, August 5, 2024 12:12 PM
Mike Strong
Quick question re SF MUH
Can you tell me what kind of enforcement MUH owners can take if a resident fails to comply and--
does the new SF MUH ordinance include city administrative enforcement such as a fine when
residents don't comply? I'm wondering if that's the case thereby taking undue burden off of those
residents who have complaints but are unlikely to take legal action?
Thank you.
Best Regards,
Peggy Walker
Policy Research Associate
Public Health Educator
San Dieguito Alliance for Drug Free Youth
PO Box 2448, Del Mar 92014
858 342 1822 Cell
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1
Aug. 20, 2024 Item #8 Page 24 of 26
Tammy Cloud-McMinn
From:
Sent:
William Creagan <willc@southwestep.com>
Monday, August S, 2024 4:47 PM
To: Mike Strong
Subject: RE: Smoke-free Housing Ordinance
Ok Mike, so you pass an ordinance and then tell the property managers "You need to enforce this" ...
Good luck.
This is another clear case of Government overreach.
WILL CREAGAN
Chairman I Broker of Record
CA DRE Lie. No. 00949450
SOUTHWEST EQUITY PARTNERS
Property Management I Investments I Brokerage
380 Stevens Avenue, Suite 311
Solana Beach, CA 92075
cell : 760 .419.5300
willc@southwestep.com
CA DRE# 01523691
~
SOUTHWEST
EQUITY PARTNERS
From : Mike Strong <Mike.Strong@carlsbadca.gov>
Sent: Monday, August 5, 2024 1:33 PM
Cc: Mike Strong <Mike.Strong@carlsbadca.gov>
Subject: Smoke-free Housing Ordinance
Caution: External Sender. Please do not click on links or open attachments from senders you do not
trust.
Good afternoon:
On July 30, the City Council had a public hearing and introduced the smoke-free multi-unit building
ordinance. The City's ordinance was modeled after similar ordinances successfully implemented in over
80 cities throughout the state.
The ordinance treats cannabis the same as tobacco and rental properties the same as owner occupied
properties, with the objective of addressing the well-established, harmful effects of second hand and
thirdhand smoke on public health. During t he city's extensive outreach efforts, the city learned many
1
Aug. 20, 2024 Item #8 Page 25 of 26
multifamily rental properties already prohibit smoking in units. However, the ordinance does not prohibit
rental property owners or homeowners' associations from creating outdoor smoking areas in appropriate
locations.
In general, enforcement of city laws has traditionally been a complaint-driven process. That is, police
officers or code enforcement officers only respond when complaints are registered . However, because
the Police Department and Code Enforcement Division currently have minimal resources to conduct
additional enforcement efforts, the ordinance that was introduced last week recommended shifting the
enforcement role to property managers, landlords, and HOAs, rather than the city taking the lead. By
including these provisions in lease agreements, smoking becomes a violation of both the lease and the
local ordinance and is considered a nuisance. As an alternative enforcement mechanism, enforcement
would also be extended to those individuals that are directly affected by the violations of the smoke-free
housing ordinance t hrough a "third-party" beneficiary provision.
If you have any questions, please feel free to reach out to me and send me an email.
Thanks
{cityof
Carlsbad
Mike Strong
Assistant Director of Community Development
Community Development Department
1635 Faraday Ave.
Carlsbad , CA 92008
442-339-2721 direct I mike.strong@carlsbadca.gmt
CAUTION: Do not open attachments or click on links unless
2
Aug. 20, 2024 Item #8 Page 26 of 26
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Councilman Strong,
Paul Capano <prcapano@gmail.com>
Monday, August 5, 2024 5:00 PM
Mike Strong
Smoking Ban Ordnance
I'm reaching out today regarding the city ordinance banning smoking/vaping in multi dwelling units.
I seek a deeper understanding of the ordinance, its inception, desired outputs and enforcement.
Additionally would like to understand why something with such a privacy concern, optics of an overreach
of government in the privacy of a home, was this not on a ballot?!? How do we get this on a ballot?
As it applies to enforcement? It states the local police will not enforce? Do City inspectors? Who does
this enforcement? What is process for those not in compliance?, citation? fine?
Further, how does this apply to those that have prescribed medications? That have to take 2-3 times a
day?
I know elderly that have medical cannabis prescribed and need to smoke multiple times daily? How are
they to do this if it is banned in their own home? Do people have to smoke always outside now? Do you
use the same common area as those smoking cigarettes, cigars, vapes?
I appreciate your reading this and look forward to a reply
Paul Capano
714-337-9999
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Manager Internet Email
Friday, August 16, 2024 2:38 PM
City Clerk
FW: Smoking Ordinance
From: mamonck177@gmail.com <mamonckl77@gmail.com>
Sent: Friday, August 16, 2024 1:05 PM
To: Manager Internet Email <manager@carlsbadca.gov>
Subject: Smoking Ordinance
Good afternoon Scott
I appreciate and follow all your weekly newsletters.
All Receive -Agenda Item # _2
For the Information of the:
1Y COUNCIL
oat CA v cc ~
CM _ACM ~DCM (3) ~
Please allow me to comment on the new smoking ordinance for multi-unit structures to go into effect in the new year.
Would the City Council please consider an addition to include smoke generated by BBQ grills that are neither electric nor
gas? This is also a source of noxious fumes generated by the burning of charcoal or wood and often lit by carcinogenic
chemicals.
Please share with the Mayor and Council Members.
Thank you for your consideration.
Sincerely
Mary-Anne Monck
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1
Tammy Cloud-McMinn
From: Priya Bhat-Patel
Sent:
To:
Sunday, August 18, 2024 6:01 PM
City Clerk
Subject: Fwd: Recent ban on smoking
Get Outlook for iOS
From: marilyn Brown <marilynlife@live.com>
Sent: Sunday, August 18, 2024 3:47:23 PM
To: Priya Bhat-Patel <priya.bhat-patel@carlsbadca.gov>
Subject: Recent ban on smoking
How ridiculous that you think you can prevent people from doing what they want in their own home.
It's truly sickening. I think all of ya all should go live in Russia.
Sent from myT-Mobile 5G Device
Get Outlook for Android
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Teresa Acosta
Monday, August 19, 2024 1 :39 PM
City Clerk
FW: Smoking ban
From: marilyn Brown <marilynlife@live.com>
Sent: Sunday, August 18, 2024 3:52 PM
To: Teresa Acosta <teresa.acosta@carlsbadca.gov>
Subject: Smoking ban
All Receive • Agenda Item # .:fs'
For the Information of the:
CITY COUNCIL
Date'8/J9/Jt cA v-cc ~
CM ~CM ~CM (3)~
How ridiculous that you think you can prevent people from doing what they want in their own home.
It's truly sickening. I think all of ya all should go live in Russia.
CAUTION: Do not open attachments or click on links unle ss you re cognize the sender and kno w the content i
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
James Kollitz <jkollitz@gmail.com>
Monday, August 19, 2024 5:42 PM
City Clerk
Agenda Action #8
Dear Carlsbad City Council Members,
All Receive -Agenda Item# R
For the Information of the:
CITY COUNCIL
Date8P o/J.1 CA V--CC __.::::
CM ~ACM _::: DCM (3) _.:::
I am an owner of a unit in Summerhouse Condominiums on Ocean Street where I live full time. I
am a retired physician and I would urge you to support the ordinance to make all multi-unit
housing in Carlsbad smoke free.
Wayward smoke is a significant problem in multi-unit housing across the country and going
smoke-free is the only workable solution. There is no legal right to smoke and there is no
infringement on anyone's rights by regulating where it can and cannot occur. Currently in
California there are 74 cities that ban smoking in all multi-unit housing. The county of Alameda
bans smoking county wide in all multi-unit housing. These bans include private and public multi-
unit housing. This is a trend across the country and smoke free policies are quickly becoming the
standard for multi-unit housing across the US.
Secondhand smoke contains more than 7000 chemicals, hundreds which are poisonous and 70
that are known carcinogens. The Surgeon General has determined that there is no safe exposure
level to second hand smoke. Any smoke entering your unit is a health problem. There is no
equipment, HVAC system, smokeless ashtray, etc. that will protect a non-smoker from the adverse
health effects of involuntary exposure to tobacco smoke. The American Society of Heating,
Refrigerating and Air-Conditioning Engineers report in their position paper "At present, the only
means of effectively eliminating the health risks associated with indoor exposure is to ban
smoking activity." The CDC and World Health Organization have published similar assessments.
Exposure to second and thirdhand smoke remains a significant health hazard in the US. Second
hand smoke causes 34,000 premature deaths from heart disease, 8000 deaths from stroke, and
7300 lung cancer deaths each year in the US among non-smokers. Even brief secondhand smoke
exposure can damage cells in ways that set the cancer process in motion. Risks increases with
exposure duration.
Thank you for your kind attention. I hope you will support this ordnance.
James Kollitz, MD
2335 Ocean Street
Carlsbad, CA 92008
1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
Barbara Whalen <bwhalen37@gmail.com>
Tuesday, August 20, 2024 4:45 PM
City Clerk
Aug 20th city council meeting Item 8
All Receive -Agenda Item # }!
For the Information of the:
_f!TY ... SOUNCIL ✓
DateJ;fdJ.Jg!t CA _ cc_
CM ACM DCM (3} _ --
ORDINANCE NO. CS-475 ADDING CHAPTER 6.15 TO THE CARLSBAD MUNICIPAL CODE TO PROHIBIT
SMOKING IN MULTI-UNIT RESIDENCES
August 20, 2024
To Carlsbad City Council:
I wish to express my concern considering a proposal to ban smoking and vaping in all apartment buildings, condos,
and bar patios in the city.
Please be advised that I strongly oppose such a measure insofar as it pertains to marijuana. Countless users
who rent or own condos in Carlsbad have no other place to inhale their medicine.
A ban on residential smoking and vaping would constitute a de facto ban on marijuana use for many Carlsbad
residents. Unlike tobacco or alcohol, cannabis is illegal to consume in ANY PUBLIC PLACE. Therefore, it's very difficult for
residents to legally socialize or medicate with marijuana outside their homes.
Non-smokers should be protected from smoke that invades their space. Otherwise, however, adults should
have a right to enjoy marijuana at their homes or in designated social spaces that don't expose outsiders to unwanted
smoke. It should be noted that unlike tobacco or alcohol, inhaled marijuana has proven medical value. Also, unlike
tobacco, marijuana has been shown NOT to cause lung cancer [National Academy of Sciences, "Health Effects of
Cannabis and Cannabinoids," pp. 142-3], nor has second-hand marijuana smoke been proven to cause other serious
diseases.
This will end up costing the city money when the lawsuits start and that will really be a waste of budget funds.
In conclusion, we note that any residential smoking ban would inequitably impact low-income and minority
residents who can't afford their own homes. To reverse this legacy now would be a blot on the city's record of social
tolerance. Other cities, including West Hollywood, San Jose, and San Francisco have rightly rejected proposed bans on
residential cannabis smoking. Carlsbad should follow their example.
Respectfully,
Barbara Whalen
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1
Tammy Cloud-McMinn
From:
Sent:
To:
Subject:
owner@hdvmysticalgemstones.com
Tuesday, August 20, 2024 4:56 PM
City Clerk
aug 20 city council meeting Item 8
August 20, 2024 To Carlsbad City Council:
I wish to express my concern considering a proposal to ban smoking and vaping in all apartment buildings, condos,
and bar patios in the city.
A ban on residential smoking and vaping would constitute a de facto ban on marijuana use for many Carlsbad
residents. Unlike tobacco or alcohol, cannabis is illegal to consume in ANY PUBLIC PLACE. Therefore, it's very difficult for
residents to legally socialize or medicate with marijuana outside their homes.
Non-smokers should be protected from smoke that invades their space.
Otherwise, however, adults should have a right to enjoy marijuana at their homes or in designated social spaces that
don't expose outsiders to unwanted smoke. It should be noted that unlike tobacco or alcohol,
inhaled marijuana has proven medical value. Also, unlike tobacco,
marijuana has been shown NOT to cause lung cancer [National Academy of Sciences, "Health Effects of Cannabis and
Cannabinoids," pp. 142-3], nor has second-hand marijuana smoke been proven to cause other serious diseases.
In conclusion, we note that any residential smoking ban would inequitably impact low-income and minority
residents who can't afford their own homes. To reverse this legacy now would be a blot on the city's record of social
tolerance. Other cities, including West Hollywood, San Jose, and San Francisco have rightly rejected proposed bans on
residential cannabis smoking. Carlsbad should follow their example.
Respectfully,
Robert Deatherage
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1