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THE CITY OF 16 CITY COUNCIL AGENDA REPORT pLEASANTONIc December 7, 2021 City Attorney Community Development TITLE: CONSIDER INTRODUCTION OF ORDINANCE TO ADD NEW CHAPTER 9.27 RESTRICTIONS ON SMOKING AT TOWNHOMES, CONDOMINIUMS AND BUILDINGS WITH THREE OR MORE ATTACHED UNITS TO THE MUNICIPAL CODE, AND WAIVE FIRST READING SUMMARY A Council Work Plan goal is to consider smoking restrictions for multi-family ownership residences to address health impacts of secondhand smoke. To that end, a proposed new chapter of the Municipal Code would restrict smoking at buildings with three or more connected residential units (such as condominiums, townhomes and triplexes) that are either owner-occupied or rented. Proposed smoking restrictions would include: no smoking at indoor or outdoor common areas such as hallways, lobbies, community rooms, playgrounds, and parking lots; and no smoking at private outdoor areas such as balconies, decks, or patios. These common areas and private outdoor areas are where secondhand smoke can most affect others. Smoking inside of a unit is not proposed to be restricted as the California Building Code already provides for separate ventilation systems between units. Locally, neither Dublin nor Livermore restrict smoking for ownership units; Danville bans smoking in ownership units and their commons areas; and San Ramon bans smoking in private outdoor areas and common areas of ownership projects. Practical enforcement considerations support a smoking ban only in common areas and private outdoor areas where violations can be observed. Homeowners' associations and landlords would be involved in enforcement, and City staff could issue administrative citations for violations. It is recommended that these restrictions go into effect July 1, 2022. RECOMMENDATION Introduce attached ordinance and waive first reading. FINANCIAL STATEMENT No new financial impact is anticipated, as enforcement will be accomplished using existing staff within Code Enforcement and the Police Department, in addition to private enforcement associated with homeowners' associations and landlords.