Secondhand Smoke Ordinance
On November 15th, the Alameda City Council unanimously passed a secondhand smoke ordinance, which prohibits smoking in public outdoor areas and multi-unit housing. More than 30 community members attended both meetings to discuss the ordinance. A copy of the final ordinance, staff reports, and summary of provisions are below.
Final Ordinance
2nd Reading of Ordinance and Staff Report
1st Reading of Ordinance and Staff Report
The following is a summary of provisions contained in the ordinance. The provisions added by amendment at the second reading of the ordinance are underlined.
- Hotel/motel lobbies, meeting and banquet facilities
- Ninety percent (90%) or more of hotel/motel guest rooms
- Retail and wholesale tobacco shops, and hookah bars
- Taxi cabs, cabs of trucks, tractors, or other vehicles used for work
- Warehouse facilities
- Theatrical production sites
- Medical research sites
- Private residences licensed as child care, adult care, and health care facilities
- Small businesses with fewer than five employees
- Owner-operated businesses open to the public
- Outdoor worksites, including construction sites, arenas, and convention halls, or anywhere where working crews may be
- Commercial-area sidewalks: defined as public sidewalks in downtown shopping and business areas designated with a “C” prefix on the City’s official Zoning Map
- Dining areas: defined as outdoor seating at restaurants, bars, coffee houses, etc.
- The ordinance was amended to exclude the patio area of bars and taverns while the issue is studied further.
- Public events: defined as farmers’ markets, fairs, concerts, etc.
- Recreation areas: defined as parks, trails, sports fields, etc.
- The ordinance was amended to include beaches in the prohibition.
- Service areas: defined as bus stops, ticket lines, ATM lines, taxi stands, etc.
- Shopping malls: defined as public walkway or hall areas that connect retail or professional establishments
- Entryways (reasonable distance): defined as within 20 feet of doors, windows, and other openings into enclosed areas, not otherwise prohibited by law.
- Clearly and conspicuously post "No Smoking" signs within or adjacent to unenclosed dining areas.
- Remove all ashtrays or other receptacles for disposing of smoking material from any area where smoking is prohibited.
- Not knowingly allow smoking in smoking prohibited areas.
Beginning on January 2, 2012:
- 100% of all new multi-unit rental complexes and common interest complexes, including balconies and porches.
- Common areas of both multi-unit rental complexes and common interest complexes, except that designated smoking areas meeting certain criteria in outdoor common areas may be established.
- Smoking within 20 feet of enclosed areas (smoking buffer zones).
- The ordinance was amended to include nuisance language.
Beginning on January 1, 2013, 100% of existing units in multi-unit rental complexes and
common interest complexes (added by amendment), including balconies and porches.
- Clearly and conspicuously post "No Smoking" signs in common areas, at every entrance, and on every floor where smoking is prohibited.
- Remove all ashtrays or other receptacles for disposing of smoking material from any area where smoking is prohibited.
- Not knowingly allow smoking in prohibited areas.
- Disclose to prospective tenants and buyers the requirements of the Secondhand Smoke Ordinance as it pertains to multi-unit housing
- Maintain a diagram that illustrates designated outdoor smoking areas, if applicable.
Required lease terms:
Beginning January 13, 2013, every lease or other agreement for the occupancy of a unit in a multi-unit rental complex shall include the following:
- A clause stating that smoking is prohibited in the non-smoking unit.
- A clause stating that it’s a material breach of the lease to violate any law regulating smoking while on the premises.
- The above-noted diagram.
- The California Apartment Associations form 34.0, revised 1/11 meets these requirements and can be accessed here.
The ordinance was amended to remove e-cigarettes from the definition of smoking until the issue can be further studied.
Below are links to Alameda's Secondhand Smoke Ordinance signs for business owners, landlords, and the general public to download:
Sign 1 - commercial area (8.5 x 11)
Sign 2 - multi-unit housing (8.5 x 11)
Sign 3 - "No Smoking"( 8.5 x 11)
Sign 4 - "No Smoking" (5.5 x 8.5)
Signo 1 areas comerciales (8.5x11)
Signo 2 viviendas multiples (8.5x11)
Signo 3 "No Fumar" (8.5x11)
Signo 4 "No Fumar" (5.5x8.5
)
禁止吸烟 1
禁止吸烟 2
禁止吸烟 3
禁止吸烟 4
Outdoor Air Handout
Ordinance Fact Sheet
Links to tobacco and smoking-related information:
64.8°
