CCMIN 12072021 - Laserfiche WebLink

Mayor Brown stated she is struggling to support the motion. She noted she strongly supported the multi-family rental property smoking ban and wants to protect children in common areas. She specified she struggles with prohibiting smoking inside a home you purchased. Councilmember Testa stated the City Council took a strong standing on vaping understanding the health hazards, taking products off the shelves. She noted they have had testimony over the years of people living with the effects of second-hand smoke entering their homes from neighbors. She stated the rights should go to the vulnerable non-smokers over the smokers or it would be inconsistent with other things the City Council has done in the past. Councilmember Arkin stated it is not an inconvenience to non-smokers but rather a health hazard. She noted the motion includes both an option for a designated smoking area and the ability to smoke in your car. She advised people could also smoke on a sidewalk. She agreed with Councilmember Balch smoking is an addiction which is why she supports the first violation not being a fine but rather some sort of helpful program. She stated a car is a piece of property where you cannot do whatever you want, citing speed limits as an example where your actions could impact the health of others. She advised emphasis on the health risks posed by second-hand smoke to senior citizens and children. Councilmember Testa stated residents can avoid the car in the parking lot but cannot avoid smoke seeping into their homes. MOTION: It was m/s by Testa/Arkin to approve staff's recommendations with the addition of the language about inside units, language from the 2017 multi-family rental ordinance about optional designated smoking areas, language from staff's memo removing the enforcement onus from property-owners, not including parked cars in the definition of smoking-prohibited enclosed areas, and directing staff to explore replacing the first offense's monetary fine with a smoking cessation or educational program. Motion failed by the following vote: Ayes: Councilmembers Arkin, Testa Noes: Councilmembers Balch, Narum, Mayor Brown Absent: None Councilmember Balch stated the item does not fully address the issues raised tonight. He stated they should consider continuing the item and letting staff evaluate their comments. He stated if they are not going to return it to staff, they as a body need to focus on education in enforcement. He advised he still has a problem with the lease default leading to eviction. He stated the fines being adjusted with the first violation being a warning would have his support. He advised this ordinance should not be a basis for private party personal lawsuits. He advised smoking inside parked vehicles and residential units should not be restricted. Mayor Brown stated if she owned a million-dollar townhouse and a renter smoked inside it, this could devalue the home and she may want to evict the tenant regardless of an ordinance for not using the home appropriately to her expectations. Councilmember Balch suggested leaving it optional to include language about the ordinance in leases. He advised if the landlord is a smoker, renting to a tenant who is a smoker, smoking in the unit should not be a basis for eviction. Councilmember Narum agreed the first offense should have an option to attend a cessation program. She pondered if Axis Community Health offers a program of this nature. She stated she would not mind seeing the item continued so staff can address some of these questions. Mayor Brown stated they can always revert to staff's recommendation. City Council Minutes Page 10 of 18 December 7, 2021