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Other Smoking Restrictions. City staff has also been contacted by a resident raising concerns about second hand smoke exposure in single family residential neighborhoods. The issue was described as a neighbor who smokes in his or her backyard, resulting in second hand smoke impacting the non-smoking neighbor in their yard and inside their home. The resident has asked if the City would consider a regulation prohibiting smoking within twenty feet (20') of the property line in a single family neighborhood so that an adjacent neighbor will not be impacted by second hand smoke drifting across property lines. Staff has done a survey of neighboring communities (Danville, Dublin, Livermore, San Ramon and Walnut Creek) to see if any ban smoking in private single family residential neighborhoods. Like Pleasanton's language in Municipal Code 9.24.060, above, about smoking prohibitions not applying to private residences, Danville and Livermore also exempt from smoking restrictions a "private residence"; and Walnut Creek similarly exempts single-family residences (and detached or attached in-law and second units, too). Dublin's municipal code allows an alternative approach to such a single family neighborhood situation, calling second hand smoke a "private nuisance", subject to private enforcement, as follows: 5.56.160 Secondhand smoke—Declaration of nuisance. Secondhand smoke constitutes a nuisance. Notwithstanding any other provisions of this chapter, a private citizen may bring a legal action to abate secondhand smoke as a nuisance. (Ord. 15-06 § 3) The Dublin City Council also adopted in 2006 Resolution 167-06 affirming that "The City shall not expend City resources or Staff time to enforce provisions of Section 5.56.160 of the Dublin Municipal Code related to Secondhand Smoke-Nuisance Declaration." San Ramon's code provides "outside smoking [is allowed so long as it] is not within twenty-five feet from any entrance, exit, operable window or air intake of a neighboring single-family dwelling unit." If Council is interested in considering smoking restrictions in single family residential neighborhoods, the Council would need to provide more specific direction to staff. Recommendations. 1 . Adopt the recommendation of the Pleasanton Downtown Association regarding smoking restrictions in the Downtown to allow event sponsors and permit holders the choice to prohibit smoking at their events, with related enforcement; and ban smoking at City events. Page 7 of 8