16 - Laserfiche WebLink

BACKGROUND Health Concerns. The Centers for Disease Control and Prevention (CDC) advises' that secondhand smoke is a combination of smoke from burning cigarettes and the smoke breathed out by smokers. Secondhand smoke contains chemicals, many of which are toxic and some of which can cause cancer. CDC statistics show that secondhand smoke annually causes nearly 34,000 premature deaths from heart disease, 7,300 deaths from lung cancer, and 8,000 deaths from stroke. Existing Smoking Restrictions. To address public health concerns about secondhand smoke exposure, the City currently prohibits smoking as follows: in certain public places (Pleasanton Municipal Code (PMC) §9.24.040); in places of employment (PMC §9.24.050); in public parks and recreational facilities (PMC §13.08.190); and in multifamily rental apartments2 (PMC Ch. 9.26). Council Work Plan. A Quality of Life goal of the current City Council Work Plan is to, "Consider smoking restrictions for multi-family ownership residences (townhomes and condominiums) to address health effects of secondhand smoke". DISCUSSION Housing units covered. The proposed ordinance would apply to buildings with three or more attached residential units that are either owner-occupied or leased. This would include condominiums, townhomes, fourplexes and triplexes. (See Attachment 1, proposed §9.27.015.) The proposal intentionally does not apply to buildings with just two units3, as those could be single family residences with attached accessory dwelling units (ADUs) which were already specifically exempted in PMC §9.26.020.E.4. Areas where smoking4 restricted. The proposed ordinance would ban smoking in: A. Enclosed common areas which residents of more than one unit may use, such as hallways, lobbies, elevators, stairs, community rooms, and parking garages; B. Unenclosed common areas where residents of more than one unit may gather, such as pathways, courtyards, playgrounds, swimming pools, parking lots, shared outdoor cooking areas, and community outdoor eating areas; ' See: https://www.cdc.gov/tobacco/basic information/secondhand smoke/index.htm from 10/22/2021. Defined as: "...any residential property containing two or more units with one or more shared or abutting walls, floors, ceilings or shared ventilation systems; where the units are all under common ownership and management; and at least two of the units are leased." For a situation with a duplex where both units are owned by one person and both units are leased, the smoking restrictions of the existing PMC Chapter 9.26 would apply. See PMC 9.26.020.E. 4 The proposed ordinance would restrict smoking in the form of lighted cigarettes, pipes, hookahs, etc. that ignite tobacco, herbs, or marijuana, as well as electronic smoking devices, whether or not they utilize tobacco or deliver nicotine. (See Attachment 1, proposed §9.27.020 Definitions.) These are the same definitions as the City's existing smoking restrictions for multifamily rental apartments. Page 2 of 5