HomeMy WebLinkAboutCM Smoking Ordinancecrrr of Agenda Item No: 6.a
1 UL -0"
Meeting Date: October 1, 2012
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: CITY MANAGER
Prepared by: Rebecca Woodbury, Management Analyst City Manager Approval.
1"
SUBJECT: CONSIDERATION OF AN ORDINANCE REPEALING SAN RAFAEL MUNICIPAL
CODE (SRMC) CHAPTER 8.14 ENTITLED "INDOOR AIR AND HEALTH
PROTECTION" AND ADDING A NEW CHAPTER 9.04 ENTITLED "CLEAN INDOOR
AND OUTDOOR AIR AND HEALTH PROTECTION."
RECOMMENDATION: Conduct a public hearing and pass to print an ordinance repealing San
Rafael Municipal Code (SRMC) Chapter 8.14 entitled "Indoor Air and Health Protection" and adding a
new Chapter 9.04 entitled "Clean Indoor and Outdoor Air and Heath Protection."
BACKGROUND: Numerous studies have shown that exposure to secondhand smoke and smoking
can result in significant health risks. In 1993 the United States Environmental Protection Agency
(EPA) found secondhand smoke to be a risk to public health, and classified secondhand smoke as a
Group A carcinogen, the most dangerous class of carcinogen'. In 2009, the World Health
Organization (WHO) estimated that without regulation, by 2030 tobacco will account for 8 million
deaths per year, making it the greatest cause of death worldwide2.
In 2010, there were an estimated 7,600 smoking-related fires in residential buildings in the United
States resulting in an estimated 350 civilian deaths, 950 civilian injuries and $286 million in direct
property damage according to the United States Fire Administration3. In addition to the impacts of
smoking related fires, smoking can increase residential cleaning, maintenance, repair, and insurance
costs that may be passed down to renters in the form of higher rents. A 2011 study conducted by
UCLA found that smoke-free regulations in multi -unit residential buildings could save property owners
up to $18 million a year statewide on the cost of cleaning apartments vacated by tenants who
smoke4.
"Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders." Environmental Protection Agency.
EPA;600/6-90/006F. December 1992. htto:,www.ega.00v ncea;'ets odfs/acknowl.odf
L "Report on the global tobacco epidemic, 2011: warning about the dangers of tobacco." World Health Organization.
WHOMMH TF1/11.3. July 2011. http:;.www.who.int;tobacco,`olobal reoort2011,enJndex.html
"Smoking -Related Fires in Residential Buildings (2008-2010)." United States Fire Administration. Topical Fire Report
Series: Vol. 13, Issue 6. June 2012. htto:. www. usfa.fema.00v: download s;odf,statistics, v13i6.odf
° "Estimates of Smoking -Related Property Costs in California Multiunit Housing." Michael K. On Allison L. Diamant, Qion
P Y 9.,, 9• g
Zhou, Hye-Youn Park, and Robert M. Kaplan. American Journal of Public Health: Vol. 102, No. 3, pp. 490-493. doi:
10.2105 AJPH.2011.300170. March 2012. httq:,',aiph.achapublications.orq. doi. abs,10.2105 AJPH.20i 1.300170.
FOR CITY CLERK ONLY
File No.: -
Council Meeting: t
Disposition:c-
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 2
Cigarette waste is also a major cause of litter and most cigarette filters are made of cellulose acetate
and are not biodegradabie5. Cigarette butts are the number one item picked up during San Rafael
Coastal Cleanup Days and in 2012 the San Rafael Clean Program conducted a "Bounty for Butts"
program collecting 230,000 discarded cigarette butts within two months time.
Previous Direction from Council. The City Council directed staff to pursue amendments to
strengthen secondhand smoke and smoking regulations as part of the priority and goal setting in
January 2012. On April 16, 2012 staff gave Council an informational presentation about possible
updates to the City's regulations regarding smoking and secondhand smoke. Staff provided
background on the subject and the American Lung Association's annual report card for the City of
San Rafael. This staff report, including the American Lung Association's 2012 grades for Marin
jurisdictions and grading methodology can be accessed online here:
htti)://citvofsanrafael.granicus.com/MetaViewer.r)hr)?meta id=18877&view=&showr)df=l. At the April
16 meeting, Council gave staff direction to prepare an ordinance that strengthens outdoor air
regulations and adds regulations to prohibit smoking in multi -family apartments. They requested that
regulations apply to 100% of residential properties with 2 units or more, including condominiums.
American Lung Association Scorecard. The 2012 annual State of Tobacco Control report
produced by the American Lung Association (ALA) rated San Rafael a "C" grade for overall tobacco
control. There are three components of this grade: Smokefree Outdoor Air, Smokefree Housing, and
Reducing Sales of Tobacco Products. San Rafael scored an "F" for Smokefree Outdoor Air, a "D" for
Smokefree Housing, and an "A" for Reducing Sales of Tobacco Products. Staff believes that the
amendments outlined in this report will result in "A" grades in all three categories.
ANALYSIS: After receiving input from the Council and the public, staff developed the proposed
ordinance to strengthen San Rafael's smoking regulations for indoor and outdoor air. The goals of
these changes are to enhance protections for people against the dangers of secondhand smoke,
reduce fire hazards, and reduce property damage caused by tobacco smoke. In view of these goals,
staff has proposed moving the City's smoking regulations from Title 8 ("Morals and Conduct") to Title
9 (Health and Sanitation).
Significant Elements of Proposed Ordinance. The proposed ordinance includes a variety of new
regulations. The following elements garnered significant attention by staff and various stakeholders:
Parks. Currently, the municipal code prohibits smoking within 100 feet of playgrounds. The
proposed ordinance prohibits smoking entirely in all park and recreation areas, with the
exception that the City may provide for designated smoking areas for community centers.
Staff originally considered creating 200 -foot buffer zones around areas that are heavily used,
but ultimately deemed that option too difficult to enforce. Staff heard a variety of concerns
about this prohibition. Some social service providers thought that even a large buffer area
seemed unreasonable with regards to real impacts of secondhand smoke. Other concerns
were raised about the impact on the patrons of community centers located inside parks.
■ Downtown. Currently, the municipal code prohibits smoking in outdoor areas immediately
adjacent to entrances or exits of buildings where smoking is prohibited, but does not specify
what "immediately adjacent" means. The proposed ordinance prohibits smoking on all
sidewalks and pedestrian areas and public places (such as plazas or paseos) in Downtown.
Staff originally proposed a 20 foot buffer area around entryways but heard concerns that a
"Cigarette Butts and the Case for an Environmental Policy on Hazardous Cigarette Waste". Novotny. T.E.; hum. K.: Smith,
E.; Wang, V.: Barnes. R. International Journal of Environmental Research and Public Health: 6(5):1691-1705. May 2009.
htIM:. www.mdoi.com.1660-460;'6:5;1691.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
buffer area might be confusing considering the multitude of entryways in the Downtown area.
The buffer area provision is still included in the proposed ordinance for areas outside of
Downtown. "Downtown" is defined as the area bounded by Hetherton Street between Mission
Avenue and Second Street, Second Street between Netherton and the beginning of Miracle
Mile, Fourth Street from the beginning of the Miracle Mile to H Street, H Street between Fourth
Avenue and Mission Avenue, and Mission Avenue between H Street and Hetherton Street.
Multi -Unit Residences. Currently, the municipal code prohibits smoking in indoor common
areas of multi -unit residential properties. The proposed ordinance prohibits smoking in all
duplexes and multi -family residential units as well as indoor and outdoor common areas of
these properties. There is an allowance for a "designated smoking area" if it meets certain
criteria. Staff originally proposed prohibiting smoking in 75% of units on properties of 16 units
or more. Council directed staff to prohibit smoking in any unit with a shared wall, thus the
current proposal. Staff heard concerns about the ordinance being used as a form of eviction
and that mediation between tenants can often times be time consuming, but does not believe
the proposed ordinance creates an unusual risk of such problems. Other comments included
the suggestion that disputes be handled "in-house" by property managers and landlords
before a tenant receives government issued notices, and that general letters to all tenants can
serve as a friendly reminder of the policy before singling out individual violators. Staff can
encourage this kind of enforcement through educational and informational materials (Exhibit
6). Staff also heard the desire for residential properties to comply as quickly as possible,
rather than wait until the one-year compliance requirement. Staff supports this but believes
that a one-year compliance date will be helpful for some property owners to come into
compliance.
Designated Smoking Areas. The proposed ordinance allows residential properties, places of
employment, community centers, and public events to create designated smoking areas
provided that they conform to a set of criteria. Staff heard concerns that certain properties
may not be able to meet the criteria, hence leaving no place for residents or patrons to smoke.
Although not provided in the proposed ordinance, the Council could consider providing a
procedure to allow a property owner to apply for an exception where strict compliance with the
standards for placement of a designated smoking area is impossible.
Enforcement. The proposed ordinance will be complaint -based. The City will post signage in
parks and downtown to serve as public notification. Stickers will be available for merchants to
post at their entrances. Property owners of duplex and multi -unit residential properties will be
required to post signs and tenants must sign agreements either in the form of a lease or lease
addendum. If property owners have difficulty enforcing the ordinance or tenants believe the
landlord is not enforcing appropriately, initial complaints may be filed with the County of Marin
which will send out notification letters. Second complaints will be handled by the City through
the Code Enforcement Division. Staff heard concerns about "heavy-handed enforcement,"
and some people's inability to pay fines, but does not believe the proposed ordinance creates
an unusual risk of such problems.
Electronic Cigarettes. An electronic cigarette, or e -cigarette, can be defined as an electronic
oral device, such as one composed of a heating element, battery, and/or electronic circuit,
which provides a vapor of nicotine or any other substances, and the use or inhalation of which
simulates smoking. An e -cigarette does not contain tobacco, and therefore does not emit
tobacco smoke. Marin jurisdictions are divided over the regulation of e -cigarettes with
regards to smoking. Marin County and Mill Valley include e -cigarettes in their smoking
definitions, thereby prohibiting their use as they do regular cigarettes. The County, however,
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4
as an accommodation to smokers, has a special provision allowing e -cigarettes to be smoked
within a multi -family residential unit, but not in outdoor areas where smoking is prohibited.
Sausalito, Larkspur and Novato do not regulate e -cigarettes with regards to smoking.
Currently, the San Rafael Municipal Code regulates only smoke from or sale of "tobacco
products" as defined in sections 8.14.030(19) and 8.15.005(A), and does not address e -
cigarettes at all. (Novato, Sausalito, Mill Valley, and Marin County include products containing
nicotine in their definition of tobacco products; Larkspur does not.) In consideration of its
stated goals, the proposed ordinance does not include any regulation of e -cigarettes since
they do not emit secondhand smoke, fire hazards appear to be low, and there is no, or very
minimal, litter potential as there is with regular cigarettes.
Additional concerns and comments gathered at the stakeholder and town hall meetings included:
■ Concerns that if construction workers cannot smoke on worksites, they may smoke in front of
people's homes. This concern was addressed by requiring a 20 -foot buffer area around
working construction crews rather than prohibiting smoking on entire worksites.
■ Outreach materials should be translated into other languages. Smokefree Marin has indicated
that it can translate materials into several other languages, including Spanish and
Vietnamese.
■ Concerns that designated smoking area rules may not work for smaller properties. As noted
above, the Council could consider adding a provision allowing the City to make exceptions
where strict compliance with designated smoking area standards is not possible. This would
entail a new review process. Staff concluded that there are not adequate resources to cover
this new process.
■ Concerns that having ash receptacles on the sidewalks near businesses and no smoking
signs nearby will be confusing. Business owners will likely remove the ash receptacles,
potentially forcing people to throw their butts on the ground. Staff initially considered
prohibiting the placement of ash receptacles in areas where smoking is prohibited; however
staff removed this provision due to concerns about undermining the San Rafael Clean
Program and other City efforts to control litter and fire hazards.
• Concerns that although smoking is a legal activity, this ordinance leaves few places for people
to smoke. The ordinance does substantially limit where smoking is allowed, however it is still
allowed in some places. The ordinance includes a section 9.04.050 (C) that outlines where
smoking is allowed.
Summary of Changes. The following table summarizes the recommended changes relating to
outdoor air regulations. Staff expects this recommendation would result in 20 points and achieve an
"A" grade on ALA's scorecard.
Smokefree Outdoor Air
Component Staff recommendation Points
Outdoor Dining Prohibition of smoking in all outdoor dining areas. 4
Areas
Entryways Prohibition of smoking 20 feet from entryways (doors and windows). 4
Public Events Prohibition of smoking at all public events, but designated smoking 3
areas permitted.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5
Recreation Areas Prohibition of smoking in recreation areas, such as parks, 4
playgrounds, sports fields and courts, picnic areas, and dog parks.
Prohibit smoking in open space.
Outdoor service Prohibition of smoking in all service areas (bus stops, ATM and 4
areas ticket lines, etc).
Worksites Prohibition of smoking within 20 feet of working construction crews. +1
bonus
Public Places Prohibition of smoking in public plazas and other public places. n/a
Sidewalks Sidewalks and other pedestrian areas in Downtown. +1
bonus
The following table summarizes the recommended changes relating to multi -family housing
regulations. Staff expects this recommendation would result in 14 points and achieve an "A" grade on
ALA's scorecard.
Smokefree Multi -Family Housing
Component Staff recommendation Points
Nonsmoking Units Require 100% of multi -family units (apartments and condominiums) 4
to be declared nonsmoking, in all properties of 2 units or more.
Nonsmoking Prohibition of smoking in all indoor and outdoor common areas, but 4
Common Areas allow for designated smoking areas.
Disclosure N/A — 100% of units smokefree. 4
Nuisance Declare secondhand smoke in violation of this ordinance a public +1
nuisance. bonus
Housing Authority Require 100% multi -family housing authority units to be declared +1
Units nonsmoking. bonus
Other changes include:
■ Prohibition of smoking in 80% of all hotel rooms.
■ Prohibition of littering smoking waste (i.e. cigarette butts) citywide.
■ Signage required where smoking is prohibited.
Public Outreach and Input. City staff, working closely with the County, conducted outreach with
major stakeholders including:
■ Chamber of Commerce Governmental Affairs Committee
■ Social Service providers (Ritter Center, St. Vincent's de Paul, Legal Aid of Marin, Homeward
Bound, Partnership to End Homelessness, Buckelew Programs)
■ Marin Builder's Association
■ Marin Alano Club
■ Federation of Neighborhoods
■ Downtown Business Improvement District
■ Marin Bocce
• Transit agencies (Golden Gate Transit, SMART)
Information about the draft ordinance was mailed to all owners of residential properties of two or more
units, condominium owners, downtown businesses, bars, Canal Alliance, Canal Welcome Center,
Marin Housing Authority, Fair Housing of Marin, Marin Association of Realtors, and the San Rafael
Pacifics. A town -hall meeting was held on August 23.
If the Council adopts this ordinance, informational outreach material can be provided for affected
parties. Exhibit 5 is a draft informational brochure that outlines the provisions of the ordinance. Exhibit
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 6
6 is a draft implementation handbook for smokefree housing. Signage templates will be provided
online in multiple languages and window decals can be provided to businesses.
Enforcement. Enforcement of this ordinance will be complaint -based. Violations in residential units
can be handled "in-house" through property managers and landlords. The County will assist in
handling initial complaints by issuing warning letters and supporting property owners with mediation
tools. If matters persist beyond the County -issued warning letter, the City's Code Enforcement staff
can issue administrative citations. This will likely alter the administrative and staffing duties of the
Code Enforcement Division, which is not currently equipped to handle enforcement of new smoking
regulations. The division has 2.3 (full time equivalent) employees dedicated to the Housing
Inspection Program and 0.7 (full time equivalent) employees dedicated to all other code enforcement
issues. Adding enforcement of this ordinance would increase the need for code enforcement
investigations and inspections. The level of enforcement would be contingent on code enforcement
priorities. This would likely fall under the category of non -urgent health and safety. Code enforcement
officers, however, do not have the authority to demand identification from individuals who are
smoking in violation of the ordinance.
Due to staff limitations, Police resources cannot be involved in the enforcement of this ordinance. Nor
can staff that are working in our parks or at our special events. Staff can work with the County of
Marin on providing materials, education and outreach to merchants and businesses. The City can
post signs in certain areas, such as Downtown and park entrances.
Violations are subject to an administrative citation issued by the City, punishable by an administrative
fine not less than one hundred dollars ($100) for the first violation, two hundred dollars ($200) for the
second violation within one (1) year), and five hundred dollars ($500) for a third violation and any
subsequent violation within one (1) year.
NOTICING / CORRESPONDENCE: As the proposed ordinance amendment is citywide, a town -hall
meeting was held on Thursday, August 23. Notice of the town -hall meeting was mailed to all
residential property owners of properties with 2 or more units, including condominium owners; all
businesses within Downtown; and all bars within the City. A Notice of Public Hearing for this Council
meeting was published to the Marin Independent Journal. A copy of the notice is attached (Exhibit 3).
Correspondence received to date is provided in Exhibit 4. Some of the correspondence includes
questions and inquiries about the proposed ordinance amendments. In these cases, staff has
provided a direct response to the author.
ENVIRONMENTAL REVIEW: Action on this ordinance is covered by the `general rule' that the
California Environmental Quality Act (CEQA) applies only to projects which have the potential to
cause a significant, physical environmental environment. Pursuant to CEQA Section 15061(b)(3), the
ordinance is not subject to environmental review.
FISCAL IMPACT: This ordinance will alter the administrative and staffing duties of code enforcement
officers. To the extent the City plans to pursue enforcement of a new ordinance, there will be a need
for additional code enforcement investigations and inspections. Additionally, there will be costs
incurred for independent hearing officers and City Attorney prosecution of administrative enforcement
proceedings. The City would not likely be able to recover its hearing officer costs and attorney's fees
in such proceedings.
The City is expected to incur approximately $12,000 in costs related to signage. These funds are not
currently budgeted in the City's General Fund, so staff will incorporate this expense in the mid -year
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Paae: 7
budget review. Outreach and informational materials as well as decals for businesses are expected to
be provided by the County.
OPTIONS: The City Council has the following options to consider on this matter:
1. Adopt the ordinance amendment as proposed or with modifications
2. Continue action for additional information and response to Council comments and
concerns
3. Deny the proposed ordinance amendment
RECOMMENDED ACTION: It is recommended that the City Council:
1. Open the public hearing and accept public testimony on the project;
2. Close the public hearing;
3. Pass ordinance (Exhibit 1) to print.
EXHIBITS:
1. Proposed Ordinance
2. Current SRMC Chapter 8.14
3. Public hearing notice
4. Correspondence
5. Draft informational brochure
6. Draft smokefree housing implementation booklet
ORDINANCE NO. 1908
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
REPEALING SAN RAFAEL MUNICIPAL CODE (SRMC) CHAPTER 8.14 ENTITLED
"INDOOR AIR AND HEALTH PROTECTION" AND ADDING A NEW CHAPTER 9.04
ENTITLED "CLEAN INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION,"
WHEREAS, in 1993 the United States Environmental Protection Agency (EPA) found
secondhand smoke to be a risk to public health, and classified secondhand smoke as a Group A
carcinogen, the most dangerous class of carcinogen; and
WHEREAS, in 2009 the World Health Organization (WHO) estimated that without
regulation, by 2030 tobacco will account for 8 million deaths per year, making it the greatest
cause of death worldwide; and
WHEREAS, in 2010, there were an estimated 7,600 smoking-related fires in residential
buildings in the United States resulting in an estimated 350 civilian deaths, 950 civilian injuries
and $286 million in direct property damage according to the United States Fire Administration;
and
WHEREAS, smoke-free regulations in multi -unit residential buildings could save
property owners up to $18 million a year statewide on the cost of cleaning apartments vacated by
tenants who smoke, according to a 2011 UCLA study; and
WHEREAS, most cigarette filters are made of cellulose acetate and do not biodegrade,
and in 2012 the San Rafael "Butts for Bounty" program collected 230,000 discarded cigarette
butts within two months time; and
WHEREAS, the Council of the City of San Rafael directed staff to pursue amendments to
strengthen regulations concerning secondhand smoke and smoking as part of the priority and
goal setting in January 2012; and
WHEREAS, on April 16, 2012, the Council of the City of San Rafael heard an
informational presentation from the City Manager's Office recommending the preparation of a
draft ordinance to amend the San Rafael Municipal Code to include the prohibition of smoking
in outdoor dining areas, recreation areas, service areas, entryways, worksites and multi -family
properties; and
WHEREAS, on August 23, 2012, a town -hall meeting was held in the City Hall Council
Chambers to receive public comments on the proposed Ordinance; and
WHEREAS. at the town -hall meeting on the matter of smoking in public places and
multi -family properties, numerous attendees, including residents, property managers and owners,
and a representative from the American Lung Association, spoke regarding the harmful effects
of secondhand smoke and smoking in public places and multi -family properties:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES
HEREBY ORDAIN AS FOLLOWS:
DIVISION l:
New Chapter 9.04 entitled "Clean Indoor and Outdoor Air and Health Protection" is
hereby added to the San Rafael Municipal Code to read in its entirety as follows:
9.04.010 Title
This chapter shall be known as the City of San Rafael Clean Indoor and Outdoor Air and
Health Protection Ordinance.
9.04.020 Purpose and applicability
The city council finds and declares that the purposes of this chapter are:
A. To protect the public health, safety and general welfare,
B. To guarantee the right of nonsmokers to breathe smoke-free air, and to recognize that
the need to breathe smoke-free air has priority over the desire to smoke,
The city council further finds that it is within the City of San Rafael's basic police power
to implement and enforce the provisions of this chapter.
9.04.030 Definitions
As used in this Chapter, the following words and phrases shall be construed as defined in
this section, unless the context or use of such words or phrases clearly indicates a different
meaning or construction intended in the particular case:
"Bar" means an area which is devoted to the serving of alcoholic beverages for
consumption by patrons on the premises and in which the serving of food is incidental to the
consumption of such beverages. Although a restaurant may contain a bar, the term "bar" shall
not include the restaurant dining area.
"Business" means any sole proprietorship, joint venture, corporation or other form of
business entity formed for profit making purposes.
"City" means the City of San Rafael
"City Manager" means the city manager of the City of San Rafael.
"Common Area" means every indoor or outdoor area of a multi -family residence that
residents of more than one unit of that multi -family residence are entitled to enter and/or use,
including, but not limited to. halls and paths, lobbies and courtyards, elevators and stairs,
community rooms and playgrounds, gym facilities and swimming pools, parking garages and
parking lots, shared restrooms, shared laundry rooms, shared cooking areas. and shared eating
areas.
"Designated Smoking Area" means an area meeting the requirements of Section 9.04.090
of this chapter where smoking is permitted, as designated by an employer. landlord. or other
person with legal control of the premises.
"Dining Area'" means any area, including streets and sidewalks. that is available to or
customarily used by the general public or an employee, and which is designed, established, or
regularly used for consuming food or drink.
N
"Duplex" for purposes of this chapter means one structure on a single lot containing two
(2) dwelling units with a shared wall, each of which is functionally separate from the other.
"Employee" means any person who is employed by any employer in consideration for
direct or indirect monetary wages or profit, and any person who volunteers his or her services for
an employer.
"Employer" means any person, partnership, corporation, including a municipal
corporation, business, or non-profit entity, which employs the services of one or more individual
persons or utilizes volunteers.
"Enclosed Area" means all space between a floor and ceiling which is enclosed on all
sides by solid walls or windows (exclusive of door or passage ways) that extend from the floor to
the ceiling.
"Landlord'" means any person who owns property let for residential use, any person who
lets residential property, and any person who manages such property, except that "Landlord"
does not include a master tenant who sublets a unit as long as the master tenant sublets only a
single unit of a multi -family residence.
"Multi -Family Residence" for purposes of this chapter means residential property
containing three (3) or more units with one or more shared walls, floors or ceilings, including for
example, rental complexes, residential cooperatives or condominium complexes, senior citizen
residences, assisted living complexes and skilled nursing facilities. "Multi -Family Residence"
does not include the following specifically excluded types of housing:
A. a hotel or motel that meets the requirements set forth in California Civil Code section
1940(b)(2);
B. a mobile home park;
C. a campground;
D. a marina or port;
E. a single-family home; and
F. a single-family home with a detached in-law or second unit when permitted pursuant
to California Government Code sections 65852.1, 65852.150, or 65852.
"New Unit" means a unit that is issued a certificate of occupancy / final inspection more
than 180 days after November 14. 2012 and also means a unit that is leased or rented for
residential use for the first time more than 180 days after November 14, 2012.
"Non -Profit Entity" means any corporation, unincorporated association or other entity
created for charitable, philanthropic, educational, character -building, political, social, religious or
other similar purposes, the net proceeds from the operations of which are committed to the
promotion of the objectives or purposes of the entity and not to private gain. A public agency is
not a "Non -Profit Entity" within the meaning of this section.
"No Smoking Sign" means a sign containing the words "No smoking" or the international
"No smoking" symbol (consisting of a pictorial representation of a burning cigarette in a red
circle or red heart with a red bar across it).
"Open Space" means any lot or area of land or water essentially unimproved and set
aside. dedicated, designated or reserved for public or private use or enjoyment. or for the use and
enjoyment of owners and occupants of land adjoining or neighboring such open space.
"Person'' means any individual, partnership, cooperative association. private corporation,
personal representative, receiver, trustee, assignee, or any other legal entity.
-Place of Employment" means any area under the legal or de facto control of an
employer that an employee or the general public may have cause to enter in the normal course of
`t
operation, regardless of the hours of operation, including, but not limited to, indoor, vehicles
used in employment or for business purposes, taxis, employee cafeterias, lounges and restrooms,
conference and banquet rooms—or other dining areas, warehouses, long-term health care
facilities, and lobbies and hallways. A private residence is not a "Place of Employment" unless it
is used as a day services center or a child care or health care facility licensed by the State of
California.
"Premises" means a piece of land and any improvements upon it such as is usually
described in a deed, deed of trust or mortgage, and includes legally separate but contiguous
pieces of land that are owned by the same natural person or by legal persons under common
control.
"Public Event" means an event which is open to and may be attended by the general
public, including but not limited to such events as farmers' markets, parades, craft fairs, festivals,
concerts, performances or other exhibitions, regardless of any fee or age requirement.
"Public Place" means any place, publicly or privately owned, which is open to the
general public regardless of any fee or age requirement.
"Recreation Area" means any area that is publicly or privately owned and open to the
general public for recreational purposes, regardless of any fee or age requirement. The term
"Recreation Area" includes, but is not limited to, parks, picnic areas, playgrounds, sports fields
and courts, golf courses, walking paths, gardens, hiking trails, bike paths, horseback riding trails,
swimming pools, spas, roller- and ice-skating rinks, skateboard parks, amusement parks, sports
arenas, and beaches.
"Service Area" means any publicly or privately owned area, including streets and
sidewalks, that is designed to be used or is regularly used by one or more persons to wait for or
receive a service or make a transaction, whether or not such service or transaction involves the
exchange of money. The term "Service Area" includes but is not limited to the San Rafael
Transit Center, information kiosks, automatic teller machines (ATMs), ticket lines, bus stops or
shelters, mobile vendor lines, cab stands, or enclosed lobbies or vestibules.
"Smoke" means the gases and particles released into the air by combustion when the
apparent or usual purpose of the combustion is human inhalation of the resulting combustion
products, including, but not limited to, tobacco smoke.
"Smoking" means engaging in an act that generates smoke, including but not limited to,
lighting and/or possessing a lighted cigar, a lighted cigarette, a lighted pipe, or a lighted hookah
pipe.
"Sports Arena" means enclosed or unenclosed sports pavilions, gymnasiums, health spas,
swimming pools, roller and ice rinks, baseball stadiums, bowling alleys and other similar places
where members of the general public assemble either to engage in physical exercise, participate
in athletic competition, or witness sports events.
"Unenclosed Area" means anv area that is not an enclosed area, as defined in this section.
"Unit" for the purpose of this chapter means a personal dwelling space, even where
lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-
use enclosed area or unenclosed area, such as, for example, a private balcony, porch. deck. or
patio. "Unit" includes but is not limited to an apartment: a condominium: a townhouse: a room in
a long-term health care facility, assisted living facility. or hospital: a hotel or motel room: a room
in a single room occupancy (-SRO") facility: a room in a homeless shelter: a mobile home: a
camper vehicle or tent. a single -family home: and an in-lativ or second unit.
4
9.04.040 Application of chapter to City -owned Vehicles and Facilities
All City -owned vehicles, including jitneys and buses and other means of public transit
under the authority of the City, and all enclosed facilities owned and controlled by the City,
including jails, and any board, council, commission and agency of the city shall be subject to the
provisions of this ordinance.
9.04.050 Prohibition of Smoking in Public Places, Places of Employment, and Certain
Other Areas
A. Enclosed Areas. Smoking shall be prohibited in the enclosed areas of the following
places within the city limits of the City of San Rafael except in places listed in
subsection C below, and except in such places in which smoking is already prohibited
by state or federal law in which case the state or federal law applies:
1. Places of Employment.
2. Public Places.
3, Recreation Areas.
4. Common Areas.
B. Unenclosed Areas. Smoking shall be prohibited in the unenclosed areas of the
following places within the city limits of the City of San Rafael except in such places
in which smoking is already prohibited by state or federal law in which case the state
or federal law applies:
1. Public places, including public plazas.
2. Within 20 feet of a working road or building and construction crew.
3. Recreation areas.
4. Open space.
5. Service areas.
6. Dining areas.
7. Common areas, provided that a person with legal control over a common area
may designate a portion of the unenclosed area of the common area as a
designated smoking area if the area meets all of the criteria set out in section
9.04.090.
8. Public events, provided that the event sponsor may designate a portion of the
unenclosed area of the public place being use for the event as a designated
smoking area if the designated smoking area is at least 20 feet from any portion of
the public place established for the preparation, service or consumption of food or
drink, and at least 100 feet from any portion of the public place established as a
play area for children or a place to gather to witness a concert or similar
exhibition; and provided further that smoking is permitted on streets and
sidewalks being used in a traditional capacity as pedestrian or vehicular
thoroughfares, unless otherwise prohibited by this chapter or other law.
9. Sidewalks and other pedestrian areas and public places in Downtown San Rafael
accessible to the general public, except while actively passing on the way to
another destination.
a. For the purposes of this section. Downtown San Rafael means the
area defined by Netherton Street between Mission Avenue and
Second Street. Second Street between Hetherton and the beginning
of Miracle Mile. Fourth Street from the beginning of the Miracle
5
Mile to H Street, H Street between Fourth Street and Mission
Avenue, and Mission Avenue between H Street and Hetherton
Street.
b. This prohibition applies to sidewalks along public and private
streets, pedestrian alleys, walkways providing access from parking
lots and structures to stores or sidewalks, and all other pedestrian
paths or areas that are accessible to the general public within and
around the perimeter of the area defined in subsection (a) above.
C. Unless otherwise prohibited by law, smoking is not prohibited in the following
enclosed areas:
1. Smoking is not prohibited in up to twenty percent (20%) of guestroom
accommodations in a hotel, motel, or similar transient lodging establishment if the
hotel or motel permanently designates particular guestrooms as nonsmoking
rooms such that eighty percent (80%) or more of guestrooms are permanently
nonsmoking and ashtrays and matches are permanently removed from such
nonsmoking rooms. Permanent "No Smoking" signage shall be posted in
nonsmoking guestrooms.
2. Smoking at theatrical production sites, as part of the production and not by
members of the audience, is not prohibited by this subsection if smoking is an
integral part of the story and the use of a fake, prop, or special effect cannot
reasonably convey the idea of smoking in an effective way to a reasonable
member of the anticipated audience.
3. Smoking inside a retail tobacco store is not prohibited if:
a. The retail tobacco store does not sell edible products, including, for
example, food, water, or drinks, or allow such products to be
consumed on the business premises;
b. The retail tobacco store prohibits minors from entering the store at
all times; and
c. The premises of the retail tobacco store are an independent
freestanding building unattached to any other structure or use.
4. Smoking inside a detached, single-family home is not prohibited, except those
used as a day services center or a child care or health care facility licensed by the
State of California;
5. Smoking inside private vehicles is not prohibited.
D. Notwithstanding any other provisions of this section, nothing in this chapter prohibits
any person, landlord. employer, or non-profit entity with legal control over any
property or facility from declaring the entire property or facility as nonsmoking and
prohibiting smoking on any part of such property or facility. even if smoking is not
otherwise prohibited in that area.
9.04.060 Nonsmoking Buffer Zones
A. In all unenclosed areas where smoking is otherwise permitted. smoking shall
nevertheless be prohibited within 20 feet from any doorway. window, opening. crack,
or vent into an enclosed area in which smoking is prohibited, except while actively
passing on the way to another destination.
6
B. In all unenclosed areas where smoking is otherwise permitted, smoking shall
nevertheless be prohibited within 20 feet from any unenclosed areas in which
smoking is prohibited under Section 9.04.050(8) of this chapter, except while
actively passing on the way to another destination.
C. The prohibitions in subdivisions A and B of this section shall not apply to unenclosed
areas of private residential properties that are not duplexes or multi -family residences.
D. Smoking is prohibited in unenclosed areas of a duplex or multi -family residence,
including exclusive -use areas such as balconies, porches, decks, and patios, within 20
feet from any doorway, window, opening, or other vent into an enclosed area where
smoking is prohibited by this chapter or other law, or by binding agreement relating
to the ownership, occupancy, or use of real property, or by designation of a person
with legal control over the property.
9.04.070 Smoking Restrictions in New and Existing Units in Duplexes and Multi -
Family Residences
A. All new units of a duplex or multi -family residence are hereby designated
nonsmoking units, including any associated exclusive -use enclosed areas or
unenclosed areas, such as, for example, a private balcony, porch, deck, or patio.
B. All units of a duplex or multi -family residence that are not new units, including any
associated exclusive -use enclosed areas or unenclosed areas, such as, for example, a
private balcony, porch, deck, or patio, are hereby designated nonsmoking units as of
November 14, 2013.
C. Smoking in a designated nonsmoking unit is a violation of this chapter.
9.04.080 Required and Implied Lease Terms for All New and Existing Rental Units in
Duplexes and Multi -Family Residences
A. Every lease or other rental agreement for the occupancy of a new or existing unit in a
duplex or multi -family residence entered into, renewed, or continued month-to-month
after November 14, 2012, shall include the provisions set forth in subsection B below
on the earliest possible date when such an amendment is allowable by law when
providing the minimum legal notice.
B. Every lease or other rental agreement for the occupancy of a new or existing unit in a
duplex or multi -family residence entered into, renewed, or continued month-to-
month after November 14, 2012, shall be amended to include the following
provisions:
1. A clause providing that as of November 14, 2013, it is a material breach of the
agreement to allow or engage in smoking in the unit. Such a clause might state,
"It is a material breach of this agreement for tenant or any other person subject to
the control of the tenant or present by invitation or permission of the tenant to
engage in smoking in the unit as of November 14. 2013."
2. A clause prox iding that it is a material breach of the agreement for tenant or any
other person subject to the control of the tenant or present by invitation or
permission of the tenant to engage in smoking in any common area of the
property other than in a designated outdoor smoking area. Such a clause might
state, "It is a material breach of this agreement for tenant or any other person
subject to the control of the tenant or present by invitation or permission of the
tenant to engage in smoking in any common area of the property, except in an
outdoor designated smoking area, if one exists."
3. A clause providing that it is a material breach of the agreement for tenant or any
other person subject to the control of the tenant or present by invitation or
permission of the tenant to violate any law regulating smoking while anywhere on
the property. Such a clause might state, "It is a material breach of this agreement
for tenant or any other person subject to the control of the tenant or present by
invitation or permission of the tenant to violate any law regulating smoking while
anywhere on the property."
4. A clause expressly conveying third -party beneficiary status to all occupants of the
multi -family residence as to the smoking provisions of the agreement. Such a
clause might state, "Other occupants of the property are express third -party
beneficiaries of those provisions in this agreement that concern smoking. As such,
other occupants of the property may seek to enforce such provisions by any
lawful means, including by bringing a civil action in a court of law."
C. Whether or not a landlord complies with subsections A and B above, the clauses
required by those subsections shall be implied and incorporated by law into every
agreement to which subsections A or B apply and shall become effective as of the
earliest possible date on which the landlord could have made the insertions pursuant
to subsections A or B.
D. A tenant who breaches a smoking provision of a lease or other rental agreement for
the occupancy of a unit in a duplex or multi -family residence, or who knowingly
permits any other person subject to the control of the tenant or present by invitation or
permission of the tenant, shall be liable for the breach to:
1. The landlord; and
2. Any occupant of the premises who is exposed to smoke or who suffers damages
as a result of the breach.
E. Failure to enforce any smoking provision required by this chapter shall not affect the
right to enforce such provision in the future, nor shall a waiver of any breach
constitute a waiver of any subsequent breach or a waiver of the provision itself.
9.04.090 Designated Smoking Areas
Multi -family residences, duplexes, places of employment, City owned or controlled
public place, and public events may designate an outdoor area where smoking is permitted if the
area meets all of the following criteria:
A. The area is located at least 20 feet from any unit or enclosed area where smoking is
prohibited by this chapter or other law; by binding agreement relating to the
ownership, occupancy, or use of real property; or by designation of a person with
legal control over the premises. A designated smoking area may require modification
or elimination as laws change, as binding agreements are created. and as nonsmoking
areas on neighboring premises are established.
B. The area does not include, and is at least 100 feet from, unenclosed areas primarily
used by children and unenclosed areas with improvements that facilitate physical
activity including, for example, playgrounds, swimming pools, and school campuses;
C. The area includes no more than ten percent (10%) of the total unenclosed area of the
multi -family residence for which it is designated:
D. The area has a clearly marked perimeter;
E. The area is identified by conspicuous signs;
F. The area is completely within an unenclosed area; and
G. The area does not overlap with any enclosed or unenclosed area in which smoking is
otherwise prohibited by this chapter or other provisions of this Code, state law, or
federal law.
1-1. Notwithstanding anything in this section to the contrary the city manager may in his
or her discretion establish a designated smoking area in any publicly owned or
operated public place in any appropriate location in or on a City owned or controlled
public place.
9.04.100 Smoking Prohibited by Law in Units and Common Areas
A. Smoking in a common area, on or after November 14, 2012, other than in a
designated smoking area established pursuant to Section 9.04.050(B)(5), is a violation
of this chapter.
B. Smoking in a new unit of a duplex or a multi -family residence, on or after November
14, 2012, is a violation of this chapter.
C. Smoking in a unit of a duplex or a multi -family residence that is not a new unit, on or
after November 14, 2013, is a violation of this chapter.
9.04.110 Other Requirements and Prohibitions
A. No person, landlord, or employer shall knowingly permit smoking in an area which is
under his or her legal or de facto control and in which smoking is prohibited by this
chapter, unless otherwise required by state or federal law.
B. Section 9.12.034 of this Municipal Code prohibits littering Citywide. Therefore, no
person shall dispose of used smoking or tobacco product waste in or upon any street,
sidewalk or other public place within the City of San Rafael.
C. A person, landlord, or employer who has legal or de facto control of premises in
which smoking is prohibited by this chapter shall post on those premises a clear,
conspicuous and unambiguous "No Smoking" or "Smoke-free" sign at each point of
ingress to the area where smoking is prohibited, and in at least one other conspicuous
point within that area. "No Smoking" signs are not required inside or at doorways of
designated nonsmoking units, except in hotel or motel guestrooms as required in
9.04.050(0)(1). The signs shall not exceed five (5) square feet in area; shall have
letters of no less than one inch in height and shall include the international "No
Smoking'" symbol (consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a red bar across it). Signs posted on the exterior of
buildings to comply with this section shall include any buffer zone requirement set
forth in Section 9.04.060. At least one sign with the County of Marin phone number
where complaints can be directed must be conspicuously posted in each place in
which smoking is prohibited. For purposes of this section, the city manager or his; her
designee shall be responsible for the posting of" signs required in facilities owned or
leased in whole or in part by the City, in such locations as may be determined by and
in the sole discretion of the city manager or hisiher designee. Notwithstanding this
provision, the presence or absence of signs shall not be a defense to a charge of
smoking in violation of any other provision of this chapter.
9
D. No person, landlord, or employer shall intimidate, threaten any reprisal, or effect any
reprisal, for the purpose of retaliating against another person who seeks to attain
compliance with this chapter. Moreover, no person shall intentionally or recklessly
expose another person to Smoke in response to that person's effort to achieve
compliance with this chapter.
9.04.120 Enforcement and Penalties
Any violation of this chapter shall be, and the same is hereby declared to be, unlawful
and a public nuisance, and shall be enforceable pursuant to Chapters 1.40, 1.42, 1.44, or 1.46 of
this code, or by any other judicial and administrative penalties and remedies available to the City
under State Law. Each instance of smoking in violation of this chapter shall constitute a separate
violation. For violations other than for smoking, each day of a continuing violation of this
chapter shall constitute a separate violation. The remedies provided by this chapter are not
intended to preclude any other remedy available at law or in equity.
9.04.130 Other Applicable Laws
This chapter shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
DIVISION 2:
Chapter 8.14 of the San Rafael Municipal Code entitled "Indoor Air and Health
Protection" is hereby repealed in its entirety.
DIVISION 3:
This Ordinance is exempt from the California Environmental Quality Act ("CEQA")
pursuant to the State CEQA Guidelines, since it can be seen with certainty that there is no
possibility that this Ordinance or its implementation would have a significant effect on the
environment (14 Cal. Code Regs. Section 15061(b)(3)).
DIVISION 4:
If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid, such decision shall not affect the validity of the remaining portions of this
Ordinance. The Council hereby declares that it would have adopted the Ordinance and each
section, subsection, sentence. clause, or phrase thereof. irrespective of the fact that any one or
more sections, subsections, sentences. clauses, or phrases be declared invalid.
DIVISION 5:
A summary of this Ordinance shall be published and a certified copy of the full text of
this Ordinance shall be posted in the office of the City Clerk at least five (5) days prior to the
Council meeting at which it is adopted.
10
This Ordinance shall be in full force and effect thirty (30) days after its final passage, and
the summary of this Ordinance shall be published within fifteen (15) days after the adoption,
together with the names of the Councilmembers voting for or against same, in the Marin
Independent Journal, a newspaper of general circulation published and circulated in the City of
San Rafael, County of Marin, State of California.
Within fifteen (15) days after adoption, the City Clerk shall also post in the office of the
City Clerk, a certified copy of the full text of this Ordinance along with the names of those
Councilmembers voting for and against the Ordinance.
GARY O. P%IILLIPS, Mayor
ATTEST:
ESTHER C. BEIRNE, City Clerk
The foregoing Ordinance No. 1908 was read and introduced at a regular meeting of the City
Council of the City of San Rafael on Monday, the 1 st day of October 2012, and was ordered
passed to print by the following vote, to wit:
AYES: Councilmembers: Connolly, Heller, Levine, McCullough & Mayor Phillips
NOES: Councilmembers: None
ABSENT: Councilmembers: None
and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of
the Council to be held on the 15th day of October, 2012.
ESTI- ER C. BEIRNE, City Clerk
San Rafael, California, Code of Ordinances >> Title 8 - MORALS AND CONDUCT >> Chapter 8.14 - INDOOR
AIR AND HEALTH PROTECTION >>
Chapter 8.14 - INDOOR AJR AND HEALTH PROTECTION
Sections:
814]J1O'Title.
814.020 Flndinosand ourooae.
814D30 Definitions.
814{}4O-AoP|ioedonofchapter toch*ownadvehicles and facilities.
814850 Prohibition ofomokinqinpublic places.
814.O6O-Reou|adonofamokinnino|mmaeofern o|ovment.
814.O7O-Smokin000Uone|areas.
8.14.080-Pootinqofsiona.
814.OQO-Renu|odnothe sale oftobacco orododa.
814108 -Enforcement.
814110 Violations and oena|dea.
814120 NonrataUabon.
O14138 Public education.
8]414D - Governmental oqennvc000enaUon.
81415O - Other apo|ioab|elaws.
8141O8 - Effective date.
This article shall be known as the "City of San Rafael Clean Indoor Air and Health Protection
The city council does find that:
1The U.S. Environmental Protection Agency has classified environmental tobacco smoke
aoone ofonly twelve (12)Class Acarcinogens 1owhich there isnosafe level of
exposure;
2. Numerous scientific studies have found that tobacco smoke iS8major &OOt[ibUtOrtQ
indoor air pollution;
3. Reliable scientific studies, including studies bvthe Surgeon General 0fthe United States
and studies commissioned and assessed by the U.S. Environmental Protection Agency,
have shown that breathing sidestrearn or secondhand smoke is a significant health
hazard k]nonsmokers; particularly to children and teens, elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease;
4. Within minutes, short-term exposure to sidestream smoke may cause the human body to
experience over contraction of the heart, thickening of the blood and arteries, increased
chance mfheart attack orstroke, depression ufthe immune system, and cell mutations
from the mutagens and carcinogens in smoke;
o' Health hazards induced by exposure to environmental tobacco smoke include lung and
other forms of cancer, respiratory infection, decreased respiratory function, decreased
exercise tolerance, broncho -constriction and broncho -spasm, and that the most
common cause of premature death from environmental tobacco smoke is heart disease;
0' Reliable scientific studies assessed by the U.S. Environmental Protection Agency have
found that sidestrearn and secondhand tobacco smoke causes the death of at least
fifty-three thousand (53,000) nonsmokers annually and is a leading cause of premature
death and disability among nonsmokers;
7' Nonsmokers with allergies, respiratory diseases and those who suffer other ill effects of
breathing sidestrearn or secondhand tobacco smoke may experience a loss of job
productivity or may be forced to take periodic sick leave because of adverse reactions
to same;
.
o' Persons, particularly employees, have a right to a smoke-free environment if they
desire;
9' Tobacco smoking is a leading cause of fires, and cigarette and cigar burns and ash
stains onmerchandise and fixtures cause economic losses tobVeineoses'
.
10' Substantial scientific evidence exists that the direct use oftobacco products causes
cancer, heart disease, and various other medical diseases. The Surgeon General ofthe
U.S. has found that tobacco -caused diseases are the leading cause of premature,
preventable death and disability inthe U.S.;
11' The National Centers for Disease Control have found that at least four hundred thirty-
four thousand (434,000) Americans die each year from tobacco -caused diseases. The
Surgeon General of the U.S. and the U.S. Department of Health and Human Services
have found that a majorityofthose Americans who die oftobacco-caused diseases
become addicted tonicotine intobacco products asadolescents before the age oflegal
consent;
12' The National Institute on Drug Abuse has concluded that the nicotine in tobacco
products ieapowerful addictive drug and identifies nicotine addiction aathe most
widespread example ofdrug dependence inthe U.S.;
13' The Surgeon General of the U.S. has found that nicotine in tobacco products is as
addictive aecocaine and heroin.
Accordingly, the city council finds and declares that the purposes of this chapter are:
To protect public health, safety and general welfare;
—To guarantee the rightofnonsmoker90obreathmtobaccoamoke-free@ir.ondho
recognize that the need twbreathe tobacco smoke-free air has priority over the desire to
—To reduce addiction to tobacco products by minors.
The city council further finds it iswithin its basic police power toimplement and enforce the
The following words and phrases, whenever used inthis chapter, shall baconstrued aa
defined in this section:
1. "Bar means anarea Mich kadevoted hmthe serving ofalcoholic beverages for
consumption bvpatrons onthe premises and inwhich the serving offood ioonly
incidental to the consumption of such beverages. Afthough m restaurant may contain a
bar, the term bar shall not include the restaurant dining area. A bar, for the purpose of
this definition, does not include any bar where smoke can filter into a restaurant through
opassageway, ventilation system, orany other means.
2' "Business" means any sole proprietorship, jointventure. corporation or other business
entity formed for profit-making purposes, including retail establishments Mere goods or
services are sold 2ewell aeprofessional corporations and other entities where legal,
n}ediva|, dantg|, angineering, architectural orother professional services are delivered.
3' "Cocktail lounge" means a bar, within a restaurant, which is not the sole means of public
access tothe dining areao, is not the sole waiting area for dining oatnzna, prohibits
minors unless passing through, in which the service of food is only incidental to the
consumption ofbeverages, has oseparate ventilation system, and is enclosed. |nthis
connection a written determination by the enforcement officer designated pursuant to
Section 8. 14.1 OO(B) of this chapter that a cocktail lounge is enclosed shall be
presumptive evidence of compliance with the enclosure requirement of this chapter in
the absence offraud mrmistake.
4' "Emnkovee"means any person who io employed bvany employer in consideration for
direct or indirect monetary wages or profit, and any person who volunteers his Or her
services for a nonprofit entity.
»' "Employer" means any person, partnership, oorponabon, including municipal
corporation, or nonprofit entity, who employs the services of one or more individual
persons.
U' "Enclosed" means surrounded by a ceiling, floor, and solid walls which, except for doors,
passageways and/or windows, extend from floor to ceiling on all sides. If an enclosed
area is divided by internal partial vva||a or other "office landscaping," it is still, in its
entirety, enclosed. Aretractable roof, whether open orclosed, shall be considered
ceiling for the purpose ofthis definition.
7' "Minor" shall mean any individual who is less than eighteen (18) years old.
8' "Nonprofit entity" means any corporation, unincoassociation orother entity
created for charitable, religious, philanthropic, educational, character -building, political,
social or other similar purposes, the net proceeds from the operations of which are
committed tothe promotion ofthe objectives orpurposes ofthe entity and not toprivate
gain. A public agency is not o nonprofit entity within the meaning of this section.
9' "Person" means any individual, partnership, cooperative association, private
corporation, personal representative, receiver, trustee, assignee, or any other legal
10. "Place of employment" means any enclosed area under the control of a public or private
employer which employees normally frequent during the course of employment,
including, but not limited to, work areas, employee lounges and rest rooms, conference
and classrooms, employee cafeterias and hallways. A private residence is not a place of
employment unless i[iSused 88@child care Orhealth care facility.
11. "Public place" means any enclosed area to which the public is invited or in which the
public is permitted, including but not limited to, banks, educational facilities, health
f@oi|ities, shopping nxa||a. |oundronxats, public transportation faci|itieo, reception areas,
restaurants, retail food production and marketing establishments, raimU service
eetab|kyhnlento, retail stores, hotels and mo1eka, theaters and mmhin0 rooms. Aprivate
residence is not public place.
12' "Restaurant" means any coffee shop, cafeteria, sandwich stand, private and public
school cafeteria, including any associated outdoor eating area, and any other eating
establishment which gives oroffers for sale food to the pub|io. guests or employees, as
vweUaakitnhenoinwhiohfuodispnapmredontheprennieeohuraervinga|eevW)ene.
including catering faci|ities, except that the term restaurant shall not include e cocktail
lounge or tavern if said cocktail lounge or tavern is a bar as defined in this section.
13' "Retail tobacco store" means a retail store utilized primarily for the sale oftobacco
products and accessories and inwhich the sale ofother products immerely incidental.
14' "Self-service merchandising" means open display of tobacco products and point-of-sale
tobacco promotional products bowhich the public has access without the intervention mf
an employee.
15' "Separate ventilation system" means a system which is exhausted to the outside and
negatively pressurized.
16' "Service line" means any indoor line at which one or more persons are waiting for or
receiving service of any kind, whether or not such service involves the exchange of
money.
17. "Smoking" means inhaling, exhaling, burning or carrying any lighted cigar, cigarette,
weed orplant orother combustible substance whose smoke iointended tobeinhaled.
10' "Sports arena" means enclosed or unenclosed sports pavilions, gymnasiums, health
spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys and other
similar places where members of the general public assemble either to engage in
physical emaroism, participate in athletic uonnpmtition, or witness sports events.
19' "Tobacco product" means any tobacco cigarette, cigar, pipe tobacco, smokeless
tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing,
inhalation orother manner ofingestion.
20' "Tobacco vending machine" means any electronic or mechanical device or appliance
the operation of which depends upon the insertion of money, whether in coin or paper
currency, or other things representative of value, which dispenses or releases a
tobacco product.
21' "Vendor -assisted" means only a store employee has access to the tobacco product and
assists the customer bysupplying the product. The customer does not take possession
ofthe product until itiepurchased.
All vehicles, including jitneys and buses and other means of public transit under the
authority Ofthe ohv. and all enclosed facilities 0vvn8d and controlled by the city, iOdUdiDA jails, and
any board, council, commission and agency of the city shall be subject to the provisions of this
chapter.
A. Except @Sotherwise provided, smoking shall bDprohibited inall enclosed public places within
Elevators;
2. Buses, taxicabs, and other means of public transit under the authority of the city and
ticket, boarding, and waiting areas of public transit depots;
3. Rest rooms;
4. Service lines;
5. Retail stores;
6. All areas available to and customarily used by the general public in all business and
nonprofit entities patronized by the public, including but not limited to, attorneys' offices
and other offices, banks, laundromats, malls, hotels and motels;
7. Restaurants, provided cocktail lounge areas within restaurants that sell alcoholic
beverages shall be exempted. Within one year of the operative date of this section,
such areas shall meet the standards of cocktail lounge as defined herein;
8. Public areas of aquariums, galleries, libraries, museums when open to the public;
9• Any facility which is primarily used for exhibiting motion pictures, stage productions,
lectures, musical recitals or other similar performances, except for smoking which is part
of such production;
10. Sports arenas and convention halls;
11. Every room, chamber, place of meeting or public assembly, including school buildings
under the control of any board, council, commission, committee including joint
committees, or agencies of the city or any political subdivision of the state during such
time as a public meeting is in progress, to the extent such place is subject to the
jurisdiction of the city;
12. Waiting rooms, hallways, wards and rooms of health facilities, including, but not limited
to, hospitals, clinics, physical therapy, mental health, and drug and alcohol treatment
facilities, doctors' and dentists' offices;
13. Hotel/motel rooms. A minimum of fifty percent (50%) of rooms must be permanently
designated nonsmoking;
14. Lobbies, hallways, and other common areas in apartment buildings, condominiums,
senior citizen residences, nursing homes, and other multiple -unit residential facilities;
15. Lobbies, hallways, and other common areas in multiple -unit commercial facilities;
16. Polling places.
B. Smoking shall be prohibited in outdoor areas immediately adjacent to any entrance or exit of
any building within which smoking is prohibited. For purposes of this section, entrance or exit
shall mean an opening into a building from a contiguous street, sidewalk, walkway or parking
area.
A. No person shall smoke in an enclosed place of employment.
B. Within ninety (90) days of the effective date of the ordinance codified in this chapter, each
employer having an enclosed place of employment located within the city shall adopt,
implement, make known and maintain a written smoking policy which shall contain the following
requirements:
Smoking shall be prohibited in all enclosed facilities within a place of employment without
exception. This includes common work areas, auditoriums, classrooms, conference and
meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee
lounges, stairs, restrooms, vehicles and all other enclosed facilities.
C. The smoking policy shall be communicated to all employees within three (3)
weeks of its
adoption, and mtleast annually thereafter.
D' All employers shall comply with these nonsmoking provisions and shall be responsible for their
implementation in their p|onae of employment.
E. "No Smoking" signs shall be conspicuously posted at building entrances and in employee
lounges, cafeterias and lunchrooms.
F. All employers shall supply a written copy of the smoking policy to any existing or prospective
employee.
G. Places of employment exempt from the prohibition on smoking in other sections of this chapter
shall also beexempt from this section.
A. Notwithstanding any other provision of this chapter to the contn3ry, the following areas shall not
be subject to the smoking restrictions of this article:
l' Private residences, except when used as a child care or health care facility;
2' Retail tobacco stores;
3' Enclosed nestmuront, hotel and nx)te| conference ormeeting rooms and public and
private mnnernb|y noonns, which are equipped with m ventilation system which conducts
air tothe outside, while these places are being used for private functions; provided, that
fifty percent (5OY6)ofthese areas are designated nonsmoking;
4' Anenclosed place ofemployment which employs only the owner and noother
employee; provided, that:
(a) The place of employment hsnot apublic place, and
/b\ The place of employment does not share a ventilation system with any other
enclosed place of employment or public place;
5. Bars and cocktail lounges aedefined herein.
B. Not withstanding any other provision of this section, any owner, operator, manager or other
person who controls any establishment described in this section may declare that entire
establishment as a nonsmoking establishment by posting signs as required by Section
8.14.080
A. "No-Srnokjng"signs orthehltennotiona|"No8mokimA"nvnnbo|(conaistinQofmpictoho|
representation ofoburning cigarette enclosed inared circle with ared bar across it) shall be
clearly, sufficiently and conspicuously posted in every building, as well as on entrances at eye
level, orother place where smoking ioregulated bythis chapter, bythe owner, operator,
manager orother person having control Vfsuch building orother place.
B. Every restaurant and mall shall have posted otevery entrance aconspicuous sign clearly
stating that smoking isprohibited.
A. Any person, business, tobacco retailer orother establishment subject tothis chapter shall post
TOBACCO PRODUCTS TC}PERSONS UNDER EIGHTEEN YEARS OFAGE |8PROHIBITED
BYLAW. PHOTO |[)REQU|FlE[]."The letters ofsaid signs should beatleast one quarter inch
(114") high.
B. No Pmraon, bueineae, tobacco retaikar, or ovmler, manager oroperator ofany establishment
subject to this chapter shall sell, offer to sell or permit to be sold any tobacco product to an
individual without requesting and examining identification establishing the purchaser's age as
eighteen (18) years or greater unless the seller has some reasonable basis for determining
the buyer's age.
C. It is unlawful for any person, business or tobacco retailer to se||, permit to be Sn|d, or offer for
sale any tobacco product by means of self-service merchandising, or by any means other than
vendopasaistadea|ma.
O. No person, business or tobacco retailer shall locate, install, keep, maintain or use, or permit
the location, installation, keeping, maintenance or use on his, her or its premises any vending
machine for the purpose of selling or distributing any tobacco product. Any tobacco vending
machine inuse onthe effective date ofthe ordinance codified inthis chapter shall beremoved
within thirty (30) days after the effective date of said ordinance.
A. Notice of these regulations shall begiven toall applicants for a business license.
B. Enforcement of this section shall be the responsibility of the city manager, who shall have the
powers enumerated in this section as well as the powers to issue citations for violation of the
section inaccordance with Section M53.6ofthe California Penal Code. The city manager may
designate other persons to issue citations; provided, however, that for violations of Section
8.14.11 O(A) hereof, such citations shall not be issued until the person cited has been given
one warning and/or an education session with a staff person designated by the Director of
Health and Human Services.
C. The fire department or the health department shall require, while an establishment is
undergoing otherwise mandated inspections, certifioationfn}mthemvmlar,monager.opera1mr
or other person having control of such establishment that all requirements of this chapter have
been complied with.
D. County health inspectors, on their regular restaurant inspections, shall check for compliance
with sign posting requirements. Restaurants shall be notified in vTding of any violations on the
standard health inspection report. Further, such violations shall bgreported inwriting bythe
county health department, onaquarterly basis, bothe administrative authority inthe
jurisdiction where such violations occur.
E. Notwithstanding any other provision ofthis chapter, mprivate citizen may bring legal action 0o
enforce this chapter.
A. kkaunlawful for any person who owns, manages, operates mrotherwise controls the use mfany
premises subject toregulation under Sections 8.14.D5O.D.14.O0Oand 8.14.O9OOfthis chapter
to fail to comply with any of its provisions.
B. It is unlawful for any person to smoke in any area where smoking is prohibited under Sections
&14.O5O.8.14.O0Oand 8.14.O7O/B\Vfthis chapter.
C. Any person, business, tobacco retailer, or owner, manager or operator of any establishment
subject to this chapter who violates any provision of this chapter shall be deemed guilty of an
infraction, punishable by:
1 A fine, not exceeding one hundred dollars ($100.00) and/or five (5) days of community
service, for the first violation.
2. A fine, not exceeding two hundred dollars ($200.00) and/or ten (10) days of community
service, for a second violation of this chapter within one year.
3. A fine, not exceeding five hundred dollars ($500.00) and/or fifteen (15) days of
community service, for a third violation of this chapter within one year.
No person or employer shall discharge, refuse to hire or in any manner retaliate against any
employee or applicant for employment because such employee or applicant exercises any right to a
smokefree environment afforded by this chapter.
The county department of health (or city manager) shall engage in a continuing program to
explain and clarify the purposes and requirements of this chapter to citizens affected by it, and to
guide owners, operators and managers in their compliance with it. Such program may include
publication of a brochure for affected business and individuals explaining the provisions of this
chapter.
The county department of health (or city manager) shall annually request other governmental
and educational agencies having facilities within the city to establish local operating procedures in
cooperation and compliance with this chapter. This includes urging all federal, state, county and
school district agencies to update their existing smoking control regulations to be consistent with
current health findings regarding environmental tobacco smoke.
This chapter shall not be interpreted or construed to permit smoking where it is otherwise
restricted by other applicable laws.
The effective date of the ordinance codified in this chapter shall be January 1, 1994.
NOTICE OF PUBLIC HEARING
The City Council of the City of San Rafael will hold a public hearing:
PURPOSE: Public Hearing: To consider an ordinance repealing San
Rafael Municipal Code (SRMC) Chapter 8.14 entitled
"Indoor Air and Health Protection" and adding a new
Chapter 9.04 entitled "Clean Indoor and Outdoor Air and
Heath Protection" to include additional regulations
prohibiting persons from smoking in certain outdoor areas
open to the public, and in the interior and exterior of multi-
unit housing.
DATE/TIME/PLACE: Monday, October 1, 2012, at 7:00 p.m.
City Hall Council Chamber, 1400 Fifth Avenue, San
Rafael
WHAT WILL HAPPEN: You may comment on the proposed Ordinance. The
City Council will consider all public testimony and will then
decide whether to approve the Ordinance.
IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk,
City of San Rafael, P.O. Box 151560, San Rafael, CA
94915-1560. You may also hand deliver a letter to the
City Clerk prior to the meeting.
FOR MORE INFORMATION: You may contact Rebecca Woodbury, Management
Analyst, at (415) 485-3076. Office hours are Monday
through Friday, 8:30 a.m. to 5:00 p.m.
SAN RAFAEL CITY COUNCIL
/s/ ESTHER C. BEIRNE
ESTHER C. BEIRNE, City Clerk
(Please publish in the Marin Independent Journal on and Friday. September 21, 2012)
Marin Independent Journal
150 Alameda del Prado
PO Box 6150
Novato, California 94948-1535
(415) 382-7335
legals@marinij.com
SAN RAFAEL,CITY OF
PO BOX 151560/CITY CLERK, DEPT OF PUBLIC
WORKS,1400 FIFTH AVE
SAN RAFAEL CA 94915-1560
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA
County of Marin
FILE NO. 0004626461
I am a citizen of the United States and a resident of the County
aforesaid: I am over the age of eighteen years, and not a party to
or interested in the above matter. I am the principal clerk of the
printer of the MARIN INDEPENDENT JOURNAL, a newspaper of
general circulation, printed and published daily in the County of
Merin, and which newspaper has been adjudged a newspaper of
general circulation by the Superior Court of the County of Marin,
State of California, under date of FEBRUARY 7, 1955, CASE
NUMBER 25566; that the notice, of which the annexed is a printed
copy (set in type not smaller than nonpareil), has been published in
each regular and entire issue of said newspaper and not in any
supplement thereof on the following dates, to -wit:
9121/2012
I certify (or declare) under the penalty of perjury that the foregoing
is true and correct.
Dated this 24th day of September, 2012.
Signature
Legal No. 0004626461
The City Council of the City of San Rafael will
hold a public hearing:
PURPOSE: Public Hearing: To consider an ordi-
nance repealing San Rafael Municipal Code
(SRMC) Prot Cha ter 8.14 entitled "Indoor Air and
Health ec, t,.
n" and adding a new Chapter
9.04 entitled "Clean Indoor and Air and
Heath Protection" to include additional regula-
tions
cer-
tain
outdoor
persons from smoking in cer-
utdo areasopen to the public, and in
the interior and exterior of multi -unit housing.
DATEMM"LAC&
Monday, C'obo, 1. 2012. at 7:00 p.m. City Hall
Councihdmb.r, 11400 Fifth Avenue, San Rafael
WHAT VfiLL HAPPEN: You may comment on the
proposed Ordinance. The City Council will
consider all public testimony and will then de-
cide whether to approve the ordinance.
IF YOU CANNOT ATTEND, You may send a letter
to Esther C. Beirne, City Clerk, City of San
Rafael, P.O. Box 151560, San Rafael, CA 94415 -
1560. You May also hand deliver a letter to the
City Clerk prior to the meeting.
FOR MORE INFORMATION : You may contact
Rebecca Woodbury. Management Analyst, at
(415) 485-3076. Office hours are Monday
through Friday, 8:30 am. to 5:00 p.m.
SAN RAFAEL CITY COUNCIL
/s/ ESTHER C. BEIRNE
ESTHER C. BEIRNE, City Clerk
NO. 1480 September 21, 2012
Correspondence as of September 20, 2012
-----Original Message -----
From: Jan Collier [mailto .
Sent: Thursday, August c :�
To: Rebecca Woodbury
Subject: San Rafael's proposed no smoking laws
Dear City Council Members and Ms. Woodbury,
Thank you!
When this law goes into effect I'll (literally) be able to breathe easier. I live in a condo in San Rafael next door to
several smokers. This new law will mean a world of difference to me. I'm in my late 60's and have heart issues.
The secondhand smoke I'm forced to inhale every day is horrible for my health (and my peace of mind). I fear for
the children who live here, too. We have to protect them!!
Please don't let this law be weakened in any way. No grandfathering, no exceptions - 100% no smoking in all multi-
unit housing.
Sincerely,
Jan Collier
an Ratael, GA 94903
-----Original Message -----
From: Norman Ciampi [mailto
Sent: Friday, August 03, 2012
To: Rebecca Woodbury
Subject: Reply to your 8123 City meeting for a smoke ordinance
Hello Rebecca Woodbury:
I own the apartment building located at_„� San Rafael. Every new lease for the last few years has a
clause stating that the building and premises are smo a free. However, some tenants have thought that this is
simply my personal view.
I have one tenant who smokes and is disturbing the people in the neighboring apartment. The lady is being evicted.
If there was a city ordinance against smoking there would be an overwhelming perception that smoking is anti-
social and a health intrusion upon those around them.
I strongly support a City of San Rafael ordinance against smoking in public places.
Norman Ciam i
ova o, 47
Phone:
Email: .
-----Original Message -----
From: Ken Frankel [mailto
Sent: Friday, August 03, 2
To: Rebecca Woodbury
Subject: I object to new smoking ordinance
I know this won't do any good, but I object to more government control over my private life. I don't smoke and
never have. However, I have read enough literature to know that second hand smoke isn't a hazard, it just isn't
politically correct to say that. At outdoor events, lots of people smoke marijuana, and nobody objects, but if anyone
dares to smoke a cigarette, they could get thrown in jail. I don't want the government telling me what my tenants
can do with their own lives in my buildings. If someone smokes, and it doesn't bother anyone, then 1 don't want the
police breaking down the doors to arrest my tenants. I think it's perfectly OK for people to smoke on the street, in
parks, near playgrounds, and any place else where the only reason it might bother someone is they want to control
other people's lives.
Don't you people have enough laws already? Why don't you enforce the laws you already have about burglaries
and vandalism, which happen to me in San Rafael without any enforcement, and when you get those laws
enforced, then you can discuss trying to control people's private lives.
Kenneth Frankel, Ph.D.
1537-C Fourth St.
San Rafael, CA 94901
-----Original Message -----
From: Ann Gubser [mailto
Sent: Tuesday, August 07,
To: Rebecca Woodbury
Subject: Smoking Ordinance
Hello Rebecca:
I was delighted to receive information the proposed ordinance. To be exploring this option is such an enlightened
public health move!
I live in a complex - planned unit development - of 27 residences - some connected in 2's, some in 3's, all part of
Peacock Court HOA.
I live next door to a chain smoker. In the winter, the nightime smoke comes through the attic and vent spaces. In
warmer weather, it can be hard to use the adjacent patio because we are downhill from open space, and there can
be limited air circulation. Also, leaving a sliding door open can be a problem, as the smoke comes in. I make sure
my smoke alarms are functioning, but worry that a person falling asleep with a lit cigarette can start a fire.
I have had asthma, so I am especially sensitive to the issue, however, second had smoke is not good for anyone.
There are other homeowners for whom this is also a problem.
Thank you!
Ann Gubser
an Rafael, CA 94901
2
-----Original Message -----
From: Rick and Carole Sheviakov [mailto-_
Sent: Tuesday, August 07, 2012 4:00 PM
To: Rebecca Woodbury
Subject: Smoking Ordinance
As the long-term owners of a 5 -unit apartment building in San Rafael, my wife and I are in total support of the
proposed ordinance. It is long over due.
Rick and Carole Sheviakov
Owners
an Karaei, Laiirornia
-----Original Message -----
From: Morven Seib [mailto -
Sent: Friday, August 10, 2
To: Rebecca Woodbury
Cc: Patty & Gerry Hiatt; Eraina VonStauffen; Jared Babula
Subject: Smoking ordinance
Dear Ms. Woodbury; thank you for asking the citizens for their thoughts and comments on the smoking ordinance
which is being proposed for our city. I am, at this moment, sitting in a rented condo, where I have been since last
December. The reason I am here and not in my own condo on Knollwood Drive, is because on the night of
November 2, 2011, a neighbor fell asleep with a lit cigarette in her hand and destroyed five units, including mine.
Her mother also was burned alive in the conflagration. The story of this disaster was on the front page of the
Independent Journal on November 3, 2011, if you would like to see what a cigarette can do. Needless to say, I am
firmly in favor of the no -smoking ordinance, and just wish it could be passed tomorrow. Thank you.
Ms. Morven Seib
an Rafael, 01
-----Original Message -----
From: Katherine O'Neal [mailto ....
Sent: Sunday, August 12, 2012
To: Rebecca Woodbury
Subject: comments on draft smoking ordinance
It seems unfair to prohibit people from smoking in condos they already own -- and which they bought without any
such restriction.
-----Original Messaa-----
From: Jared [mailto
Sent: Tuesday, Augus
To: Rebecca Woodbury
Subject: proposed smoking ordinance
Rebecca,
I strongly support any effort to restrict smoking. As a landlord with units in Sonoma County I have prohibited
smoking in my units as part of the rental agreement for years. As a resident of a townhome in San Rafael I know
what it is like to live connected to a unit with a smoker. Even without duct work, smoke would still get into my unit.
While the HOA could, without any ordinance change, prohibit smoking, a blanket ordinance would expedite the
process and provide protection to those who live in other complexes and apartments and may not have the
resources to move the HOA or landlords into action. Thanks
Jared Babula
an Ratael, 901
3
-----Original Message -----
From: Darcy Lichter [mailto
Sent: Thursday, August 23,
1F
To: Rebecca Woodbury
Subject: Smoke Free San Rafael
Hello Ms. Woodbury:
According to the City's website, you are collecting opinions regarding this matter. So here's mine:
I am a resident of Marinwood, but have worked on Fourth Street since 1985, and since 1996 in the Courthouse
Square Bldg. I remember when there was a Macy's and no City Plaza and Court Street went all the way through to
Fourth.
I manage a busy law firm and except for a few inclement months a year, my favorite part of my day is sitting in our
beautiful plaza, eating lunch with work friends, or alone, enjoying my lunch and book. I am out there almost every
day. It's my non-stress time in a sometimes stressful day.
The smoking has gotten so bad over the years that I constantly have to move from bench to bench to get away
from the smoke. Sometimes there are so many smokers that I have to go sit up in the grass in front of the B of A,
although I want to stay in the Plaza. The smoke makes me cough, gets in my throat, makes my hair smell. If I
wanted all these things to happen to me, then I would be a smoker. I have politely asked smokers to move away
from me, to smoke somewhere else, pointing out that I was there first or that their smoke is making me sick. Some
smokers considerately move, but many get very verbal with me, demanding their rights, free society, etc., etc.
The plaza is lined with restaurants and filled with tables and chairs. The idea is for people to enjoy their food
provided by these restaurants. If one cannot smoke in a restaurant, it's ridiculous that one can smoke just outside
the door of a restaurant. The plaza is enjoyed by many elders, young children, dogs, all of whom are negatively
affected by the secondhand smoke.
It is so so so invasive to be so adversely affected by others' personal choice. If they want to smoke, good for them.
But they should do it confined in their own four walls and not out in public space. Their right to personal choice and
personal freedom ends when it interferes with my own health, safety and well-being. I think that the argument of
smokers that we non-smokers are infringing on their rights is ridiculous; what about my right to breath untainted,
uncontaminated air?
I feel very strongly about this: the smokers are ruining the aesthetic of downtown San Rafael that the City intended
when it created the Plaza years ago.
I've read the proposed Draft Smoking Ordinance, and Section "8.14.050 Areas - Prohibition of Smoking in Public
Places, Places of Employment, and Certain Other" may be the solution to all of my concerns. I implore the City to
adopt the proposed ordinance.
Please share my email with Council members and the City Atty.
Thanks so much for your time.
Darcy J. Lichter, Legal Assistant/Office Manager
Montv White LLP
Jan KaTael, UA y4�)U1
Tel: ext. 20
Direct:
Fax:
Email:
M
-----Original Message -----
From: Rick Wells [mailto����..
Sent: Thursday, August
To: Rebecca Woodbury������
Cc: Joshua Townsend; asey azzon ; is ar alish; Laura Bertolli
Subject: RE: Smoking ordinance - item for governmental affairs committee?
Hi Rebecca,
Thank you for the presentation to the San Rafael Chamber GAC earlier this week. While the Chamber Board has
not taken a formal position, the GAC discussed the possible ordinance and wanted to share some of the feedback
you requested as you consider moving forward drafting the final ordinance.
- Consider the impacts of the ordinance on businesses and their ability to operate profitably
- Before proposing the ordinance, engage stakeholders that will be directly impacted by this ordinance, particularly
bars and restaurants
- Smoking is legal, people will continue to smoke, consider designated locations where people can smoke, not just
where they can't smoke
- Consider the impacts on construction sites, especially the larger scale sites where dozens or hundreds of
employees might be working at the same time
Hope you find this information helpful.
Of course, feel free to reach out to me if you have any questions.
Thank you again,
Rick
-----Original Message -----
From: Scott Newman [mailto
Sent: Friday, August 24, 201
To: Rebecca Woodbury
Subject: Public Hearing
Hi Rebecca,
My name is Scott Newman and I was the guy that showed up to last night's public hearing about 20 minutes late!
First, thank you for providing such an informative forum, as well as posting the .ppt presentation.
I would like to offer my assistance in any way to support this program. As a 244 -unit community with 300+ active
adult homeowners (and 85 employees and 20 contract staff), this issue is of great interest Smith Ranch Homes.
Please let me know if there is anything I can do.
Ili' rTERM
Scott Newman, CMCA, AMS
Administration Manager
Smith Ranch Homes Homeowners' Association
an a ae ,
- Direct
- Fax
Please consider the environment before printing this e-mail.
61
-----Original Message -----
From: Richard Pechner [mailto
Sent: Monday, September 03,
To: Rebecca Woodbury
Subject: Smoking Ordinance
Hi Rebecca,
Where would I find out how this ordinance will be enforced? What are the penalties? I am curious as we live in a
common wall cooperative and have been suffering from 2nd hand smoke since we purchased a year and a half
ago. Our Co-op Board has been ineffective in resolving this situation.
Thank you,
Richard Pechner
an Karaei,
-----Original Message -----
From: Bruce Coale [mailto
Sent: Monday, September""
To: Rebecca Woodbury
Cc: 'Richard Pechner'; 'Nancy Pechner'
Subject: Smoking Ordinance
Rebecca,
Great work on the new non-smoking ordinance for San Rafael. One question I have is if the +1 year for existing
multi unit buildings to have the law go into effect is still up for discussion before the board votes the draft into law. I
believe that the +1 year waiting period for people in units where second hand smoke is creating health risks is too
long of a time to wait for relief. Is the issue of the length of the grace period for smokers creating health risks still
open for discussion? It has been clearly established that second hand smoke is a health risk so I believe that it is
negligent now that this fact is clearly established and understood that the condition is allowed to continue any
longer than is absolutely necessary. Cessation of smoking is not an easy thing to do, especially on a mandated
schedule, but living with the effects of a second hand smoke filled apartment is a far more difficult (and dangerous)
thing to do. There are many people hanging on the exact wording of the new law and how quickly it will go into
effect. Many people are waiting for help with their extremely difficult daily living situations.
Thanks for your attention to this matter,
Bruce Coale
San Rafael resident
0
-----Original Message -----
From: Cindy Steiner [mailto,
Sent: Monday, September
To: Rebecca Woodbury
Subject: Support for Smoke Free San Rafael
Dear Rebecca,
I attended the meeting a few weeks ago about the ordinance that will be voted on in October. I just want to tell you
that I support this ordinance whole heartedly! I'm so sick and tired of having my neighbor's cigarette smoke wafting
through the walls and vents from her townhouse into mine! And on the other side, there are three renters, two of
whom smoke and their smoke comes in my front door when I have it open on hot days. I have to close up
everything and be miserably hot because of inconsiderate smokers! I'm especially angry about being subjected to
second hand smoke, because my mother died at the young age of 57 from emphysema because she smoked!
You have my support!!!
Sincerely,
Cindy Steiner
Cindy Steiner
Home: (415)
Mobile: 415
Home:
an Rafael, CA 94901
-----Original Message -----
From: Richard Pechner [mailto
Sent: Tuesday, September 04,
To: Rebecca Woodbury
Subject: Re: Smoking Ordinance
Dear Rebecca,
Thanks so much for getting up to speed on this. So if I understand the ordinance correctly, it will be the option of
the property owner to decide when the units in their complex will comply, but no later than 1 year from date of
effect. As proposed then, this ordinance will not prevent the property owners to cause their compliance to coincide
with the effective date of the ordinance.
Is that your understanding of this ordinance as proposed at this time?
Again, thank you for taking the time to explain. I want to make sure that our governing body, San Rafael Manor,
Inc, is informed that they do not have to wait an additional year to comply once this ordinance becomes law.
Richard
-----Original Message -----
From: Terra Firma - San Rafael [mailto
Sent: Thursday, September 06, 2012 9:
To: Rebecca Woodbury
Subject: Meetings about homeless and non -smocking ordinance
Hi there,
Can you let me know when the next meetings will be?
Unfortunately, I just missed the August's dates.
I'm running a gallery on4th Street and I'm going through incredible challenges in regard to both subjects.
I'm thinking about reloc"ing. I love San Rafael, I also live here but the homeless and the smoking in front of our
business has taken a toll on my enthusiasm.
Thanks,
Danielle Molinski
P]
-----Original Message -----
From: Red Devil Records [mailto�����
Sent: Tuesday, September 11, 2
To: Rebecca Woodbury
Subject: Smoking
Greetings. I am a BID member (formerly on the Board of Directors) and support the ordinance for no smoking on
downtown sidewalks and pedestrian area.
Thanks,
Barry Lazarus
Red Devil Records
an Hatael CA -94901
-----Original Message -----
From: Jack Hunt [mailto�
Sent: Tuesday, September
To: Rebecca Woodbury
Subject: Smoking Ban
Hi Rebecca
I wish to let you know that I represent our downtown business. Jack L Hunt Automotive and that we support the
smoking ban on sidewalks and pedestrian areas in Downtown San Rafael
Sincerely yours
Jack L Hunt III
Email
Websi e: ac< un aulo.comt
Office
Cell
Hm.
Sent from my i one
-----Original Message -----
From: Jeffrey Allen - Minto & Wilkie Insurance Agency [mailto
Sent: Tuesday, September 11, 2012 3:16 PM
To: Rebecca Woodbury
Subject: Smoking Ordinance.
I understand the concept of second hand smoke in a confined space but outside it is a bit ridiculous. The only thing
it would accomplish is less cigarette butts on the street.
Thanks,
Jeffrey S. Allen, Ext. 30
President
Minto & Wilkie Insurance Agency
San Rafael, CA 94901
P ......... ........ Pox"",San Rafael, CA 94915-0990
Tel:Ext. 30 Fax:
CA i
0
-----Original Message -----
From: Jeff Brusati [mailto�!��-
Sent: Tuesday, September
To: Rebecca Woodbury
Subject: Smoking
Don't need to even read, but 1 would be in favor. As an x smoker I reluctantly put up with smoke, but I am tired of
picking up butts. I am sure smokers don't litter their homes with the butts.
Question I would have is -Have you talked to other Cities who have done this? What has been the response? We
could learn by this.
Pro? Con?
Jeff Brusati
www. an sports.com
-----Original Message -----
From: Pleasures Shop [mailto
Sent: Tuesday, September 11,
To: Rebecca Woodbury
Subject: Smoking ban
Hello,
In response to the BID request for input on the smoking ban I'd like to say all of us at Pleasures of the Heart agree
with the proposed ban.
Thank you.
Sincerely,
Jennifer Islas
-----Original Message -----
From: Jeff Brusati [mailto
Sent: Wednesday, Septem er er
To: Rebecca Woodbury
Subject: Smoking
As a follow up from my comments, can you provide more detail on enforcement? Are we talking letters? How would
one handle enforcement on the streets?
What additional costs would be anticipated?
Jeff Brusati
www. an soorts.com
-----Original Message -----
From: Jeff Brusati [mailto'�"������.
Sent: Wednesday, Septem er
To: Rebecca Woodbury
Subject: RE: Smoking
Thanks for replies, this addresses my concerns. Self enforcement will be best way to go.
Will take time, but at least it is a start.
I am in favor.
Jeff Brusati
wwwannss rts.com
0
ilk FWATA 19019 11 M M
The San Rafael City Council adopted an
ordinance regulating secondhand smoke by
prohibiting smoking in duplex and multi-
unit residences and certain outdoor areas.
The ordinance goes into effect on
November XX, 2012 to limit public exposure
to secondhand smoke in public and common
areas and November XX, 2013 for Multi -Unit
Residences with two (2) or more units.
This pamphlet provides an overview of the
ordinance and compliance duties.
By phone or mail with the Marin County
Tobacco Disease Control Program, 10 North
San Pedro Road, Suite 1015, San Rafael, CA
94903, Phone: 415.473.3020
Online at www.smokefreemarfii.coin
cellulose acetate and do not biodegrade.
For tips, resources and suggestions on how
to keep our city clean from Litter, visit:
www.sanrafaetc[ean.orq
This is an informational brochure only.
Please see San Rafael Municipal Code
Number XXXX for the ordinance in full.
>
Z
rd 0
>
Z
> rn
0 P;
Smoke-free
-A t
Z
San Rafael:
Ln
01
What you need to know
about San Rafael's new
smoking ordinance.
CITY OF SAN RAFAEL
www.citvofsonrafael.orqlsmokefree
M z
rn
i > tvAl
M
0 M
cellulose acetate and do not biodegrade.
For tips, resources and suggestions on how
to keep our city clean from Litter, visit:
www.sanrafaetc[ean.orq
This is an informational brochure only.
Please see San Rafael Municipal Code
Number XXXX for the ordinance in full.
MAJOR PROVISIONS TIPS TO AID COMPLIANCE TIPS TO AID COMPLIANCO
The ordinance prohibits smoking in the
following places:
■ Outdoor dining areas
■ Sidewalks and plazas in Downtown
• Within 20 feet of entryways to
buildings or other places where
smoking is prohibited
■ Public events, with the allowance of
designated smoking areas
• Open space and recreation areas, such
as parks, playgrounds, sports fields and
courts, picnic areas, and dog parks
■ Service areas (bus stops, ATM and
ticket lines, San Rafael Transit Center)
• Within 20 feet of working construction
crews
■ Duplexes and multi -family residential
units (apartments and condominiums)
• Indoor and outdoor common areas of
residential units, with the allowance of
designated smoking areas
■ 80% of hotel rooms
Other requirements of the 'ordinance
include:
■ Prohibition of littering smoking waste
(i.e. cigarette butts) citywide
• Declaration of secondhand smoke in
violation of this ordinance as a public
nuisance
• Posting of signage where smoking is
prohibited
NON SMOKING BUFFER ZONES DUPLEX AND MULTI -UNIT
■ Post no smoking signs at building
RESIDENTIAL PROPERTIES
entrances to inform visitors that • Post no smoking signs at building
smoking is not allowed within 20 feet entrances stating that smoking is not
of doors, windows or vents or whereallowed within 20 feet of doors,
food or drinks are served. windows or vents.
• Inform your employees, customers, • Notify residents that all indoor and
clients and/or office building tenants outdoor common areas are smoke-free.
of the updated smoke-free ordinance.
w 100% of units in properties of 2 units or
■ Do not allow smoking of cigarettes, more must be designated smoke-free
pipes, cigars, marijuana, hookah pipes, (apartments and condominiums).
etc. anytime inside your workplace or Private decks, balconies, porches of
in outdoor restricted areas: , units must be smoke-free at all times.
• Any smoking within buffer areas can
only ,occur while actively passing on NO SMOKING DECALS
the way to another destination- smoke
cannot drift into `open windows, doors, No smoking window decals (stickers, not
outdoor cafes, bars, bus shelters or signs) are available to businesses free of
lines. charge, while supplies last. Please contact
the City of San Rafael at 485-3070.
DOWNTOWN NO SMOKING NO SMOKING
• Post no smoking signs at building
entrances in Downtown stating that
smoking is hot allowed on sidewalks. a S
SWA,n m peadrib teal an alk Smoking pfandMd wAh 20 feet
sni—Alks aad ped"tGwx a�rsa to of ati daarx aeW wradowa
An smoking on sidewalks or other own San Rafaa6
• Y g
pedestrian areas, such as plazas, can
only occur while actively passing on �` "'� ``• ''�
the way to another destination- smoke
cannot drift into open windows, doors, MARIN CESSATION PROGRAMS
outdoor cafes, bars, bus shelters or
lines. ■ Bay Area Community Resources in San
Rafael: 415-755-2399.
For assistance with compliance or no ■ The California Smokers' Helpline provides
smoking decals, call 473-3020 or visit: free phone cessation services to
California smokers at: 1 -800 -NO -BUTTS,
www.smokefreemarin.com www.nohutts.orv!
Contacts & Resources
•' ASSISTANCE DEALING WITH COMPLAINTS
AND •
Contact Marin County Tobacco Disease Control Program
10 North San Pedro Road, Suite 1015
San Rafael, CA 94903
415.473.3020
http://www.smokefreemarin.com
American Lung Association
httr)://www.lunq.orq/
Bay Area Smoke-free Housing
(Resources for landlords, tenants, and condo owners)
htti)://www.casmgkefreehousinci.ora/
City of San Rafael
http://www.citv6fs
SMOKE-FREE
SAN RAFAEL
Implementation Handbook for
Landlords, Property Managers
and Condominium Associations
October 2012
!-x i -i l R Fr' (6)
12
Contents
Contents.................................. ....................... ....... ........ ___ ................. 2
What You Need to Know about San Rafael's New Smoking Ordinance ..3
Designated Smoking Area Criteria... ......................................... ............... 4
ImplementationTips ...................................................... ....................... 5
Sample Resident Notification Letter ..........................................................6
Sample Lease Addendum .................................. ..............................7
Sample Condominium Policy Amendment .......:.........a.,..........................8
Enforcement Tips .................... .................. ..................... .: ................... 9
Sample Enforcement Letters ............... ..................................... ............. 10
SignageTemplates ............ .................... ...... ..................... ............... 11
Contacts & Resources ................................... .................................. 12
This document was produced by the City of San Rafael in October 2012.
It is intended to provide general information to landlords, property
managers and condominium associations regarding San Rafael
Municipal Code XXXX. This document is not intended nor should it be
used in lieu of legal advice.
Signage Templates
Visit www.citvofsanrafael.ora/smokefree for printable versions of
these signs. Window decals are available free of charge, while
supplies last. Please contact the City of San Rafael at 485-3070.
THIS HOME IS
SMOKE-FREE
ii
Smoking prohibited with 20 feet of
all doors and windows
For more information call 415r473.3020
Vislt,.V%VA,.smokefreemann_com
4 t of San Rafael Otainance No. XXX
\41.,X".O/
/000 SMOKE-FREE "4\
PROPERTY
ii
For free help quitting, call
1-800-NOBUTTS
For more information call 415A73.3020 at visit
www smokefreernann com
CAy of San Rafael Otd'rance No X "XX
SMOKE-FREE
PROPERTY
II
(except within Designated Smoking Areas)
Fut rnoiL information call 415 473 3020
Visit wvvv smokefircemotin.wTi
to of Sao Rafael Ordinance ha k,Y XX
/000 ES PROHIBIDO
FUMAR EN ESTA
PROPIECIAD
it
(excepto an as areas designadas para funiar)
-
para obelenet aluda 41tatuita para dejaT de fwrnar.
Dome al, I .800,NOBIJTTS 0400.662 M7)
Para infomation, liame 4! f, -78006
2 11
Sample Enforcement Letters
Friendly Warning
Dear Resident,
On [insert date] I noticed a very strong odor of cigarettes. I asked if you had been
smoking, you said that you were trying to stop. I reminded you that you are not
allowed to smoke in your unit.
Per your lease/house rules and San Rafael Municipal Code XXXX, smoking is
prohibited in any area of the property. I have attached a copy of the house rules
for you to review.
Please refrain from smoking in your unit or on the property.
Failure to comply with your lease could result in eviction proceedings.
If you have questions or concerns, please contact me at [insert phone number] or
stop by the office.
Thank you for your cooperation in this matter,
Violation
Dear Resident,
Pleased be advised that you are In violation of (Property Name's) community
policies or local laws.
Per your lease/house rules #,.., smoking is prohibited in any area of the
property. 1 have attached a copy of your lease with the applicable rules
highlighted. We are aware that you are continuing to smoke (describe where).
You, your family members, roommates and/or visitors must refrain from smoking
in your unit or on the property. You are requested to correct this situation by
Your immediate attention to this matter is greatly appreciated. Please contact the
management office if you have questions. Failure to comply with your lease could
result in eviction proceedings.
If you have questions or concerns, please contact me at [insert phone number] or
stop by the office.
Thank you for your cooperation in this matter.
What You Need to Know about San
Rafael's New Smoking Ordinance
As of INSERT DATE, smoking is prohibited in all duplex and multi-
family residential units that share a common wall. Smoking is also
prohibited in all indoor and outdoor common areas of these
residential properties. Property owners may create a designated
smoking area provided that it meets certain criteria (see page 4).
This ordinance applies to all new and existing properties. Existing
properties have until INSERT DATE to comply. This ordinance
does not allow grandfathering rights to smokers in existing units.
Landlords and property managers will be required to enforce this
ordinance through new lease language or lease amendments.
Why?
Did you know...
■ Secondhand smoke is a known carcinogen with no established
risk-free level of exposure.
• Unwanted secondhand smoke travels from unit to unit within
multi -residence buildings, exposing tenants, not just the
smoker, to the dangers of secondhand smoke. Tobacco smoke
cannot be adequately contained or vented; prohibiting smoking
is the only safe way to prevent exposure.
■ Breathing secondhand smoke places residents at greater risk
for lung cancer, heart disease, asthma attack, breathing
difficulties, sinus and bronchial illnesses. Even pets can be
made ill by secondhand smoke.
• Tobacco smoke and product use significantly increases
landlord cleaning and repair costs. smoke-free regulations in
multi -unit residential buildings could save property owners up to
$18 million a year statewide on the cost of cleaning apartments
vacated by tenants who smoke.
■ A no smoking policy prohibits the act of smoking and does not
prevent smokers from living on the premises.
■ In 2010, there were an estimated 7,600 smoking-related fires in
residential buildings in the United States resulting in an
estimated 350 civilian deaths, 950 civilian injuries and $286
million in direct property damage.
10 3
��^��~��K��*u��� ��00��&r^K�K� Criteria
~��
Designated -'~, _-_ _ - _ ^� - __ _ __
Designated smoking areas can be established bvsomeone with
legal control over a property. K8Vbi-fOnoi|y residences may
designate on outdoor area where smoking is permitted if the area
rnaeto all of the following criteria:
'
A. The area is located at least 20 feefrom any unit or
enclosed area where smoking � is prohibited. A
designated smoking area may,�tequire modification or
elimination as laws change, as binding: algreements are
created, and as nonsmoking areas on neighboring
premises are established.
B. The area does not include, and is at least 100 fee
from, unenclosed areas primarily used by children and
unenclosed areas with improvements that facilitate
physical activity including, for eXa[np|m, playgrounds,
swimming pools, and school campuses.
C. The`�`reG includes no more than tan percent U096\ of
the total unenclosed area of the multi -family residence
^
for which p[|edesignated.
'
� O. The area has a clearly marked perimeter.
^
,. ,.
E. The area is identified bvconspicuous signs.
F. The area is completely within an unenclosed area.
G. The area does not overlap with any enclosed or
unenclosed area in vvh|oh smoking is otherwise
Enforcement Tips
Steps huCommunicate and Enforce the No -smoking Policy:
1. Put the mm(m in writing - Incorporate the no -smoking policy into the
written lease through a No -Smoking Addendum or House Rules. Make
sure all new and current residents are aware:
"
Where smoking inallowed and where itionot
"
That the no -smoking policy applies totheir guests too
°
This policy is required by the City ofSan Rafael
2. Post adequate signage identifying dhe'prupe�y/buUd�gooaan�oke-
�oo. Obtain signage to int out yourself at
www,citvofsanrafael.ora/smokefree (see examples on page 12).
3 Enforcement smoke-free policies are self -enforcing. Residents
can be your greatest allies. If aresident complains about being bothered
by smoke or knows of another resident who has violated the policy,
no -
smoking policy like any other lease violation. Lack ofenforcement with
one resident may hamper ` onfoncenxynt with hduno residents. Prompt,
consistent action will send aclear message toeveryone inyour property
that smoking ianot allowed.
Common landlords can take toenforce the policy:
~�
Start with a verbal meeting with the resident who is violating the
policy. A resident complaint may prompt a "knock and talk". The
resident does not have to answer the dmor, nor dothey have to
lot you in, but if the door opene, it is an opportunity to have u
friendly talk about the no -smoking policy. Document the visit and
whether ornot you smelled smoke inside the unit.
" Follow-up the visit with a letter acknowledging the conversation
andthooutoomo-n*e Sample Friendly Warning Letter.
• |fthe problem repeats, send aFirst Written Violation letter Vothe
resident - see Sample Violation Warning Letter.
• Depending onthe circumstances, another repeat violation may
result inafinal written violation letter.
• If the violation persists, contact Marin County Tobacco Disease
Control Program at415-473-3020.
4 9
Sample Condominium PU~ Amendment Implementation Tips
SMOKING |SNOT ALLOWED |N
ALL COMMON AREAS AND INDIVIDUAL UNITS
Under the Rules and Regulations ofthe
1. No owner, family member, tenant, resident, guest, business invitee, or visitor
aheU smoke oigarettem, cigars, orany other tobacco product, marijuana or
illegal substance in outside common amau, enclosed common omao, and
exclusive use common eneo (balconies and pa�oa included) within the
Pn4md. �
2. "Smoking" shall include the inha|ing, axhaUng, burning,carrying of any
lighted cigarette, cigar o/other tobacco product, electronic cigarette nr
similar lighted device, marijuana, urillegal substance.
3, "Business invitee" shall inc|ude, but Is not limited to, any contractor, agent,
household worker, orother person hired bythe owner, tenant nrresident to
provide aservice orproduct 10the owner, tenant, nrresident.
4. Any unit owner who sells his/her unit shall specifically disclose to all potential
buyers and Realtors that smoking 'isprohibited within all common areas in
the project. Any owner who noma or otherwise allows someone other than
the owner to reside within oroccupy the unit shall disclose to all persons
who reside within his/her unit that smoking is prohibited within all common
areas prior totheir residency oroccupancy.
5. Each owner is responsible for the actions of all other persons residing within
or visiting his/her unit and shall be subject to disciplinary action or court
action for on injunmhom, or any remediesavailable for the violation of this
section, This section may be enforcedinacourt oflaw byany resident orthe
association. K any resident or the association is required to him legal
counsel to enforce this se«|ion, the resident or the association shall be
entitled to recover his/her p,its attorney's fees and cue\a inourmd, whether
or not litigation has been commenced. The association may collect the
attorneys fees and costs it incurs through the use of e apauio| assessment
levied against the owner ofthe unit and unassessment lien, ifnecessary.
8.The Board oyDirectors shall have the authority and power toenact rules and
regulations which it deems necessary to enforce this restriction, including a
schedule of fines which may be imposed after notice and u h*aring, as
described inthe Rules and Regulations.
Note: Drifting smoke from within aunit that enters another unit isalso prohibited
and will be enforced under the nuisance provision of the CC&Rs. Violation of any
provision ofthe CC&Ra.Architectural Guidelines orRules & Regulations may
result in fines.
Adapted from Smoke-free Apartment House Registry,
htw://wwm.amoki�freouL),irtmonts.om/codnn.htm|
Have clearly defined policy with clear implementation dates
• Decide if and exactly where you will locate a Designated
Smoking Area outside ofthe residential building.
• Write the no smoking policy into the lease and lease
oddondurne.
• Specify, through written communication, exactly when the
new policy will be in place, giving adequate OOti08 between
policy notice and implementation. Make sure that every
resident is aware. '
• Train employees about implementation and enforcement of
the policy.
Communicate with tenants throughout implementation
process
|yS important to begin communicating with residents both verbally
and in writing to give Ulenn adequate DntiCVof the upcoming no
smoking policy. This. will give people time to GdbUSt and can
|rnprov000nnp|iance. _
• Send o positive letter to each resident aboutihe new policy.
(see Sample Resident Notification Letter)
�u .Ensure that all building and maintenance workers
are aware Of the letters and how to respond to
questions,
o Request Gsigned confirmation that residents have
received and read the letters.
• Send a copy of the new |eoaa addendum to all residents
containing the new nosmoking policy. (see Sample [aooe
Addendum or Condo Policy Amendment)
• Provide a fu{iovv up letter to those who have not signed the
initial letter orthe new lease agreement when itisrequested.
° Schedule a group meeting with your tenants to review the
policy and answer questions.
• Post signage on property communicating the po|ioy,
including the location of designated smoking area if you
decide to provide one.
Sample Resident Notification Letter
Date
Dear Resident,
[Property name] is adopting a smoke-free policy in order to provide a
healthier environment for all residents and as required by San Rafael
Municipal Code XXXX The harmful effects of secondhand smoke,
increased maintenance costs, and fire danger caused by indoor smoking
are simply too great to ignore.
• As of [date], [building name & addr6ss] will be smoke-free. This
means that there will be no carrying or use of a lit tobacco product in
any units (including balconies and patios) as well as indoor or
outdoor common areas of property.'This policy includes tenants as
well as guests, maintenance personnel, and staff.
■ This policy was passed to protect the health of our residents, staff,
and guests. Secondhand smoke is a, Class A carcinogen, which
means it is a cancer causing agent with no risk-free level of
exposure. Secondhand smoke can travel through doorways,
windows, wall joints, plumbing spaces, and even light fixtures, so
secondhand smoke from one unit ,can adversely affect the health of
residents in other units: In' addition, fires caused by smoking-related
materials are the: number one cause of home fire deaths.
■ If you or your family members are interested in more information on
smoke-free living, , please visit the following web -site:
www,smokefreemarin.com. The web -site will also link you to a
number of resources that can help if you are thinking about quitting
smoking.
Please feel free to contact (name of employee, property manager, etc.)
or myself if you have any questions. We will be happy to assist you in
any way possible to work toward a smooth transition.
Sincerely,
Property Manager's Name
Title
Management Company
Sample Lease Addendum
SMOKE-FREE LEASE ADDENDUM
ADDENDUM TO RENTAL AGREEMENT dated 1 20
between as agent for owner ("Landlord"),
and the undersigned Resident(s):
APARTMENT COMMUNITY:
RESIDENT(s) NAME(s):
APARTMENT ADDRESS:
LEASE EXPIRATION DATE:
This Addendum is hereby made part of the Lease Agreement
A. Resident, any members of the Resident's household or a guest or other person under
the Resident's control, acknowledges that the Apartment has been designated as a smoke-
free living environment. Smoking is not permitted anywhere in the Apartment rented by
Resident, or the Premises which include but are not limited to all patios, decks, balconies,
picnic areas, within 20 feet of the building, and all indoor and outdoor common areas.
B. Resident, any members of the Resident's household or a guest or other person under
the Resident's control, acknowledges that the Landlord's adoption of a smoke-free living
environment, and the efforts to designate the Premises as smoke-free, do not make the
Landlord or any of its managing agents the guarantor of Resident's health or of the smoke-
free condition of the Resident's Apartment or Premises. Landlord shall use its best efforts to
enforce the smoke-free terms of its lease and to make the Premises smoke-free.
C. Resident, any members of the Resident's household or a guest or other person under
the Residents control, acknowledges that the Landlord's adoption of a smoke-free living
environment does not in any way change the standard of care that the Landlord or
managing agents would have to a resident's household to render buildings and premises
designated as smoke-free any safer, more habitable, or improved in terms of air quality
standards than any other Apartment, Landlord disclaims any implied or express warranties
that the building, Premises, or Residents Apartment will have any higher or improved air
quality standards than any other Apartment. Landlord does not warrant or promise that the
ability to police, monitor or enforce this Lease Addendum is dependent in significant part on
voluntary compliance by Resident, members of the Resident's household, and guests.
Residents with respiratory ailments, allergies, or any other physical or mental condition
relating to smoke are put on notice that Landlord does not assume any higher duty of care
to enforce this Lease Addendum than any of the other of Landlord's obligations under the
Lease.
D. A breach of this Lease Addendum shall be a material breach of the Lease and grounds
for immediate termination of the Lease by the Landlord. Resident shall be responsible for
all damages due to smoking-related activities and costs associated with termination of
Lease due to material breach.
Authorized Agent
Resident(s) (If more than one, each must sign)
6 7
Additional Correspondence as of October 1, 2012
-----Original Message -----
From:
essa a -----
From: s w [mailto
Sent: Tuesday, Sep em er AM
To: Rebecca Woodbury
Subject: smoking ordinance san rafael multi unit buildings
Hello Rebbecca,
As per my voice mail, I am in favor of San Rafael requiring all multi -unit housing be smoke free.
II have been a Marin renter about 35 years. I have had many homes ruined by smoking neighbors. The smoke
wafts in through electric outlets and sink drains even when doors and windows are closed. Apts are intentionally
built to allow this air flow.
I have gotten bronchitis numerous times from neighbors smoke.
Please also add pot smoke, and i wish incense, bbq smoke, lighter fluid smoke, cooking odors (have all landlord
require tenants use exhaust fans when cooking).
Please don't give generic location of where smokers can smoke ie parking lots, etc as many parking lots are in front
of apt windows. and even saying "must smoke off property" can be a health hazard for people trying to take a walk
on a sidewalk.
Thank you
Shannon Wells_'.
-----Original Message -----
From: stanton klose [mailto������
Sent: Tuesday, September
To: Rebecca Woodbury
Subject: Smoking Ordinance
Dear Rebecca,
I'm a member of the Board of Directors at San Rafael Manor, a 160 unit cooperative housing complex in Terra
Linda. In response to a complaint from a homeowner, we recently revised our Rules and Regulations to require
smokers to mitigate secondhand smoke in neighboring units. (We had also put a proposed no smoking amendment
to our Proprietary Lease to a vote at our last annual meeting, but didn't get enough votes yea or nay to satisfy a
quorum requirement.) Obviously, a City ordinance would make it easier for us to protect neighbors from
secondhand smoke.
I believe the proposed ordinance would not grandfather in current residents who smoke, and this is critical. While
we don't have a lot of smokers at SRM, those who smoke have been at it for a long time, and show no signs of
quitting (or moving).
Enforcement is also critical. Had our proposed Proprietary Lease revision been adopted, it would ultimately have
allowed the Board to evict a resident who refused to quit smoking. Based on the number of chronic barking dogs in
our neighborhood, 1 don't know that merely declaring smoking a public nuisance will be very effective. As a former
smoker, I know that we're dealing with a very powerful addiction.
My thanks to the Council and its staff for addressing this important issue.
Stanton Klose
-----Original Message -----
From: Suni Nelson [mailto
Sent: Wednesday, Septem er
To: Rebecca Woodbury
Subject: Comment about no smoking in multiple residences/San Rafael
Rebecca,
Thank you for your work in this area -we need immediate changes.
As a rentor in a duplex just off Mission near downtown, my neighbor & 1 finally had to move out after the landlord
built an illegal apartment downstairs, moved in people who smoked heavily & whose friends smoked heavily &
affected our health upstairs. Asking them to smoke out on the street, asking the landlord to talk with them did not
help change the situation for 2 months until we called Code Enforcement down on 5th st. They saw the apartment
was illegal, the landlord must return it to duplex status & these people downstairs are refusing to leave much to the
landlord's chagrin. The neighbors have also been affected by the smoking, noise, and are on -edge with the
situation that has developed.
If a non-smoking ordinance had been enacted, we would all still be enjoying our beautiful & peaceful duplex.
Wondering why it has taken San Rafael so long to enact a non-smoking policy, especially downtown where the
streets are filled with smokers & cigarette butts all over the streets.
Appreciate your efforts,
Suni Nelson
-----Original Message -----
From: form_engine@fs18.formsite.com [mailto:form_engine@fs18.formsite.com]
Sent: Friday, September 28, 2012 8:55 AM
To: City Manager
Subject: San Rafael Contact Email - 6832390
Good people,
Whereas I live in Kentfield; for several years recently I had lived in downtown San Rafael, and have friends who
would be affected by your Smoking Ordinance dither.
I am age 65; most of which time I was a very heavy -smoker. Over a year ago I had quit smoking, and for a year.
My - exasperatingly -sharp - mind ceased to function clearly, I was moody, disoriented. I'd gained weight, which
would not go away, long after I'd ceased binge eating. My blood -pressure skyrocketed.
Halfway through that year I developed Macular Degeneration (A.M.D.). I began getting monthly eye -injections - by a
retinist/retina specialist - of at first Lucentis, and lately of Avastin. I recommenced smoking. My weight and blood -
pressure Plummeted. My mind cleared -up; friends and neighbors all express that I look better, am happier since
recommencing smoking. I feel more -vital.
The "wet" - more serious - form of macular degeneration I have is caused by unwanted blood vessel growth
beneath the macula/center of the retina, producing a lump in the retina which registers as a "blind -spot" in the
vision. Smoking retards blood vessel production: Google -able. Since smoking again, now some months, my blind -
spot has been exponentially wisping-away. Where it was a dead -gray patch in the field of my rt. -eye, it's now a fully -
detailed mist, with colors registering. Now, a $3-400,000/annum retinist is not going to do honor to my empirical
hypothesis that my smoking is participating in the suspension of blood vessel growth - which his injections are
battling; but he has conceded that my audacious progress in vision is fairly unprecedented.
That a gentleman succumbs to an asthmatic attack "because of smokers" doth not - unless we are privy to
Knowledge of the Transcendent - gift us of insight that the Absolute might not have intended the old man's demise,
and at that time, and manner.
Please retain open minds; and let's not succumb to the knee-jerk "liberal" half -science profiling which is taking on a
life of its own, in Marin.
James Kendall
Apt. _iuo
Kentfield, CA 94904
-----Original Message -----
From: form_engine@fs18.formsite.com [mailto:form_engine@fs18.formsite.com]
Sent: Friday, September 28, 2012 8:59 AM
To: City Manager
Subject: San Rafael Contact Email - 6832399
1 am thrilled with the additions to the smoking ordinance especially as they relate to Duplexes and multi -family
residential units - my question is, does this ordinance cover the unincorporated area of Marinwood? I really hope
so.
Thanks,
Eileen
Eileen Clisham
an Rafael, 94903
-----Original Message -----
From: Nancy Pechner [mailto ■
Sent: Saturday, September 2 ,
To: Rebecca Woodbury
Subject: smoke migration
To whom it may concern„
I live in a condo in San Rafael Manor in Terra Linda where secondhand smoke has been migrating through the
walls, ducks and attic from our smoking neighbor's adjacent condo since we moved in 1 1/2 year ago. It makes it
difficult to breath, causes us headaches, it smells of smoke constantly, and our son who has asthma has now been
prescribed a steroid inhaler that he never needed before. We have never been able to use our outside patio/yard
because the smoke comes over the fence and pollutes that space as well, which is an invasion of our "quiet
enjoyment." The home owners association tried to pass a non-smoking change in the CCNRs, but due to apathy
there were not enough votes to pass it even though the majority of people who voted were for the change. I do not
know how much longer I can subject my family to live in this unhealthy environment, and yet I am stuck because if I
were to sell I would have to disclose this to a buyer which devalues my property. If I had been told about this during
escrow, I never would have bought the place. I cannot make the meeting Monday, but I wanted you to know how
much our family would appreciate it if this law banning smoking in condos passed in the City of San Rafael.
Thank you very much,
Nancy Pechner
-----Original Message -----
From: Ellen Jacobson [mailto�l��������
Sent: Sunday, September 30,
To: Rebecca Woodbury
Subject: URGENT: Smoke Free Ordinance Information
Dear Rebecca:
It has come to my attention that the City of San Rafael will be meeting on Monday, October 1st to consider updating
the City's municipal code to address concerns about outdoor air and drifting smoke in multi -family housing and is
seeking input from the public.
I wholeheartedly support any expanded protections for non-smokers and have written the Council several times
over the past year about such matters. I also spoke at a San Rafael City Council meeting back in September of
2011. As a resident of San Rafael I am writing to express my continued concern over San Rafael 's acceptance of
tobacco smoke inside multi -unit housing. Multi -unit buildings were not designed to contain tobacco smoke within a
given unit, making it common for tobacco smoke to spread under doors, through vents and pipes, and from open
windows. Currently, many tenants, such as myself, are suffering under these ongoing and dangerous health
conditions. At the Highlands of Marin, where I currently reside, the property owners refuse to create even one
smoke free building until there is a law/ordinance that directs them to do so. While exposure to tobacco smoke has
been reduced in various public places such as inside restaurants and bars, it is unacceptable that tobacco
exposure should be able to threaten San Rafael residents while inside their own homes. In response, I urge you to
require that all multi -family buildings become smoke-free. Smoking in an apartment is not a protected right under
any state or federal laws and there is no legal challenge to such an ordinance. In 2007, the City of Belmont passed
such an ordinance making all multi -unit apartment buildings smoke-free and since 2008 Novato , Larkspur, Fairfax
and Tiburon have passed similar multi -unit housing ordinances. Changes such as these are also receiving
nationwide industry support, as discussed in this article from the National Apartment Association
(http:,`fwww.tcso.ora/sfelofUnits Dec2007,odf). Until a law protecting multi -unit residents is passed, all tenants in San
Rafael are at risk of being exposed to tobacco smoke at any given time inside their own home. Such a situation
increases the threat of stroke, asthma, cancer and other health problems in our community. Please protect our city
from the dangers of secondhand smoke and help make San Rafael a better place to live.
Sincerely,
Ellen Jacobson
an Hatael , CA 94903
-----Original Message -----
From: Michael Harr [mailto
Sent: Monday, October 01,
To: Rebecca Woodbury
Cc: Ellen Jacobson
Subject: meeting Oct 1 on smoking
Rebecca Woodburv.
Please don't let Smokefree Outdoor Air dominate our meeting time tonite...
Secondhand Smoke in Apartments is a thousand times worse.
Pts don't let trivialize having only miniscule time left.
mike harr
[6-fl-IfivAre-
The City Council of the City of San Rafael will hold a public hearing:
PURPOSE: Public Hearing: To consider an ordinance repealing San
Rafael Municipal Code (SRMC) Chapter 8.14 entitled
"Indoor Air and Health Protection" and adding a new
Chapter 9.04 entitled "Clean Indoor and Outdoor Air and
Heath Protection" to include additional regulations
prohibiting persons from smoking in certain outdoor areas
open to the public, and in the interior and exterior of multi-
unit housing.
DATE/TIME/PLACE: Monday, October 1, 2012, at 7:00 p.m.
City Hall Council Chamber, 1400 Fifth Avenue, San
Rafael
WHAT WILL HAPPEN: You may comment on the proposed Ordinance. The
City Council will consider all public testimony and will then
decide whether to approve the Ordinance.
IF YOU CANNOT ATTEND: You may send a letter to Esther C. Beirne, City Clerk,
City of San Rafael, P.O. Box 151560, San Rafael, CA
94915-1560. You may also hand deliver a letter to the
City Clerk prior to the meeting.
FOR MORE INFORMATION: You may contact Rebecca Woodbury, Management
Analyst, at (415) 485-3076. Office hours are Monday
through Friday, 8:30 a.m. to 5:00 p.m.
SAN RAFAEL CITY COUNCIL
/s/ ESTHER C. BEIRNE
ESTHER C. BEIRNE, City Clerk
(Please publish in the Marin Independent Journal on and Fridav, September 21, 2012)
Secondhand Smoke Fact Sheet
September 2012
In response to community concerns, the City of San Rafael is considering several amendments
to the current municipal code to strengthen policies and protect residents against the public
health effects of secondhand smoke exposure. This fact sheet outlines the proposed changes
as of September 4, 2012. For more information and periodic updates to the draft ordinance, visit
www.citvofsanrafael.orq/smokefree.
The following tables summarize the proposed changes to the City of San Rafael's municipal
code with regards to secondhand smoke.
Smokefree Outdoor Air
Component Recommended Amendments
Outdoor Dining Areas Prohibition of smoking in all outdoor dining areas.
Entryways Prohibition of smoking 20 feet from entryways.
Public Events Prohibition of smoking at all public events, but designated
smoking areas permitted.
Recreation Areas Prohibition of smoking in recreation areas, such as parks,
playgrounds, sports fields and courts, picnic areas, and
dog parks. Prohibit smoking in open space.
Outdoor service Prohibition of smoking in all service areas (bus stops, ATM
areas and ticket lines, etc).
Sidewalks Prohibition of smoking on all sidewalks in Downtown.
Worksites Prohibition of smoking within 20 feet of working
construction crews.
Smokefree Multi -Family Housing
Component Recommended Amendments
Nonsmoking Units Require 100% of multi -family units (apartments and
condominiums) to be declared nonsmoking, in all
properties of 2 units or more.
Nonsmoking Prohibition of smoking in all indoor and outdoor common
Common Areas areas, but allow for designated smoking areas.
Nuisance Declare secondhand smoke a public nuisance.
After this ordinance goes into effect, violations of this law will be subject to standard city
penalties. Initial complaints will be handled by the County of Marin's Division of Alcohol, Drug
and Tobacco Programs (10 North San Pedro Road, Suite 1013, San Rafael, CA 94903; 415-
499-3020).
www.cityofsanrafael.org/smokefree
CITY OF SAN RAFAEL
I WW I i I 110]011� 0 Mk
INSTRUCTIONS: USE THIS FORM WITH EACH SUBMITTAL OF A CONTRACT, AGREEMENT,
ORDINANCE OR RESOLUTION BEFORE APPROVAL BY COUNCIL / AGENCY.
SRRA/SRCC AGENDA ITEM NO. 6.a
DATE OF MEETING: 10/1/2012
FROM: Rebecca Woodbury
DEPARTMENT: City Manager's Office
DATE: 9/20/2012
TITLE OF DOCUMENT: CONSIDERATION OF AN ORDINANCE REPEALING SAN RAFAEL MUNICIPAL
CODE (SRMC) CHAPTER 8.14 ENTITLED "INDOOR AIR AND HEALTH PROTECTION" AND ADDING A
NEW CHAPTER 9.04 ENTITLED "CLEAN INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION."
Departmeftt He -ad (signature)
(LOWER HALF OF FORM FOR APPROVALS ONLY)
APPROVED AS COUNCIL AGENCY APPROVED AS TO FORM:
AGENDA ITEM:
z
City Manager (signature) City Attorney (signature)
NOT APPROVED
Additional Correspondence as of October 1, 2012
-----Original Message-----
From: s w [mailto
Sent: Tuesday, Sep em er AM
To: Rebecca Woodbury
Subject: smoking ordinance san rafael multi unit buildings
Hello Rebbecca,
As per my voice mail, I am in favor of San Rafael requiring all multi -unit housing be smoke free.
II have been a Marin renter about 35 years. I have had many homes ruined by smoking neighbors. The smoke
wafts in through electric outlets and sink drains even when doors and windows are closed. Apts are intentionally
built to allow this air flow.
I have gotten bronchitis numerous times from neighbors smoke.
Please also add pot smoke, and i wish incense, bbq smoke, lighter fluid smoke, cooking odors (have all landlord
require tenants use exhaust fans when cooking).
Please don't give generic location of where smokers can smoke ie parking lots, etc as many parking lots are in front
of apt windows. and even saying "must smoke off property" can be a health hazard for people trying to take a walk
on a sidewalk.
Thank you
Shannon Wells_■
-----Original Message -----
From: stanton klose [mailto�����
Sent: Tuesday, September
To: Rebecca Woodbury
Subject: Smoking Ordinance
Dear Rebecca,
I'm a member of the Board of Directors at San Rafael Manor, a 160 unit cooperative housing complex in Terra
Linda. In response to a complaint from a homeowner, we recently revised our Rules and Regulations to require
smokers to mitigate secondhand smoke in neighboring units. (We had also put a proposed no smoking amendment
to our Proprietary Lease to a vote at our last annual meeting, but didn't get enough votes yea or nay to satisfy a
quorum requirement.) Obviously, a City ordinance would make it easier for us to protect neighbors from
secondhand smoke.
I believe the proposed ordinance would not grandfather in current residents who smoke, and this is critical. While
we don't have a lot of smokers at SRM, those who smoke have been at it for a long time, and show no signs of
quitting (or moving).
Enforcement is also critical. Had our proposed Proprietary Lease revision been adopted, it would ultimately have
allowed the Board to evict a resident who refused to quit smoking. Based on the number of chronic barking dogs in
our neighborhood, I don't know that merely declaring smoking a public nuisance will be very effective. As a former
smoker, I know that we're dealing with a very powerful addiction.
My thanks to the Council and its staff for addressing this important issue
Stanton Klose
-----Original Message -----
From: Suni Nelson [mailtor����
Sent: Wednesday, Septem er
To: Rebecca Woodbury
Subject: Comment about no smoking in multiple residences/San Rafael
Rebecca,
Thank you for your work in this area -we need immediate changes.
As a rentor in a duplex just off Mission near downtown, my neighbor & I finally had to move out after the landlord
built an illegal apartment downstairs, moved in people who smoked heavily & whose friends smoked heavily &
affected our health upstairs. Asking them to smoke out on the street, asking the landlord to talk with them did not
help change the situation for 2 months until we called Code Enforcement down on 5th st. They saw the apartment
was illegal, the landlord must return it to duplex status & these people downstairs are refusing to leave much to the
landlord's chagrin. The neighbors have also been affected by the smoking, noise, and are on -edge with the
situation that has developed.
If a non-smoking ordinance had been enacted, we would all still be enjoying our beautiful & peaceful duplex.
Wondering why it has taken San Rafael so long to enact a non-smoking policy, especially downtown where the
streets are filled with smokers & cigarette butts all over the streets.
Appreciate your efforts,
Suni Nelson
-----Original Message -----
From: form_engine@fs18.formsite.com[mailto:form_engine@fs18.formsite.com]
Sent: Friday, September 28, 2012 8:55 AM
To: City Manager
Subject: San Rafael Contact Email - 6832390
Good people,
Whereas I live in Kentfield; for several years recently I had lived in downtown San Rafael, and have friends who
would be affected by your Smoking Ordinance dither.
I am age 65; most of which time I was a very heavy -smoker. Over a year ago I had quit smoking, and for a year.
My - exasperatingly -sharp - mind ceased to function clearly, I was moody, disoriented. I'd gained weight, which
would not go away, long after I'd ceased binge eating. My blood -pressure skyrocketed.
Halfway through that year I developed Macular Degeneration (A.M.D.). I began getting monthly eye -injections - by a
retinist/retina specialist - of at first Lucentis, and lately of Avastin. I recommenced smoking. My weight and blood -
pressure Plummeted. My mind cleared -up; friends and neighbors all express that I look better, am happier since
recommencing smoking. I feel more -vital.
The "wet" - more serious - form of macular degeneration I have is caused by unwanted blood vessel growth
beneath the macula/center of the retina, producing a lump in the retina which registers as a "blind -spot" in the
vision. Smoking retards blood vessel production: Google -able. Since smoking again, now some months, my blind -
spot has been exponentially wisping-away. Where it was a dead -gray patch in the field of my rt. -eye, it's now a fully -
detailed mist, with colors registering. Now, a $3-400,000/annum retinist is not going to do honor to my empirical
hypothesis that my smoking is participating in the suspension of blood vessel growth - which his injections are
battling; but he has conceded that my audacious progress in vision is fairly unprecedented.
That a gentleman succumbs to an asthmatic attack "because of smokers" doth not - unless we are privy to
Knowledge of the Transcendent - gift us of insight that the Absolute might not have intended the old man's demise,
and at that time, and manner.
Please retain open minds; and let's not succumb to the knee-jerk "liberal" half -science profiling which is taking on a
life of its own, in Marin.
James Kendall
Apt. I Uu
Kentfield, CA 94904
require that all multi -family buildings become smoke-free. Smoking in an apartment is not a protected right under
any state or federal laws and there is no legal challenge to such an ordinance. In 2007, the City of Belmont passed
such an ordinance making all multi -unit apartment buildings smoke-free and since 2008 Novato , Larkspur, Fairfax
and Tiburon have passed similar multi -unit housing ordinances. Changes such as these are also receiving
nationwide industry support, as discussed in this article from the National Apartment Association
(htto:Jtwww.tcsq.orq;sfeip;UnitsDec2007.pdf). Until a law protecting multi -unit residents is passed, all tenants in San
Rafael are at risk of being exposed to tobacco smoke at any given time inside their own home. Such a situation
increases the threat of stroke, asthma, cancer and other health problems in our community. Please protect our city
from the dangers of secondhand smoke and help make San Rafael a better place to live.
Sincerely,
Ellen Jacobson
an a ae 3
-----Original Message -----
From: Michael Harr [mailto�����_
Sent: Monday, October 01,
To: Rebecca Woodbury
Cc: Ellen Jacobson
Subject: meeting Oct 1 on smoking
Rebecca Woodburv.
Please don't let Smokefree Outdoor Air dominate our meeting time tonite...
Secondhand Smoke in Apartments is a thousand times worse.
Pts don't let trivialize having only miniscule time left.
mike harr
-----Original Message -----
From: form_engine@fs18.formsite.com [mailto:form_engine@fs18.formsite.com]
Sent: Friday, September 28, 2012 8:59 AM
To: City Manager
Subject: San Rafael Contact Email - 6832399
1 am thrilled with the additions to the smoking ordinance especially as they relate to Duplexes and multi -family
residential units - my question is, does this ordinance cover the unincorporated area of Marinwood? I really hope
so.
Thanks,
Eileen
Eileen Clisham
an Ratael, CA 94903
-----Original Message -----
From: Nancy Pechner [mailto
Sent: Saturday, September 2 , _ >
To: Rebecca Woodbury
Subject: smoke migration
To whom it may concern„
I live in a condo in San Rafael Manor in Terra Linda where secondhand smoke has been migrating through the
walls, ducks and attic from our smoking neighbor's adjacent condo since we moved in 1 1/2 year ago. It makes it
difficult to breath, causes us headaches, it smells of smoke constantly, and our son who has asthma has now been
prescribed a steroid inhaler that he never needed before. We have never been able to use our outside patio/yard
because the smoke comes over the fence and pollutes that space as well, which is an invasion of our "quiet
enjoyment." The home owners association tried to pass a non-smoking change in the CCNRs, but due to apathy
there were not enough votes to pass it even though the majority of people who voted were for the change. I do not
know how much longer I can subject my family to live in this unhealthy environment, and yet I am stuck because if I
were to sell I would have to disclose this to a buyer which devalues my property. If I had been told about this during
escrow, I never would have bought the place. I cannot make the meeting Monday, but I wanted you to know how
much our family would appreciate it if this law banning smoking in condos passed in the City of San Rafael.
Thank you very much,
Nancy Pechner
-----Original Message -----
From: Ellen Jacobson [mailto I .
Sent: Sunday, September 30,
To: Rebecca Woodbury
Subject: URGENT: Smoke Free Ordinance Information
Dear Rebecca:
It has come to my attention that the City of San Rafael will be meeting on Monday, October 1st to consider updating
the City's municipal code to address concerns about outdoor air and drifting smoke in multi -family housing and is
seeking input from the public.
I wholeheartedly support any expanded protections for non-smokers and have written the Council several times
over the past year about such matters. I also spoke at a San Rafael City Council meeting back in September of
2011. As a resident of San Rafael I am writing to express my continued concern over San Rafael 's acceptance of
tobacco smoke inside multi -unit housing. Multi -unit buildings were not designed to contain tobacco smoke within a
given unit, making it common for tobacco smoke to spread under doors, through vents and pipes, and from open
windows. Currently, many tenants, such as myself, are suffering under these ongoing and dangerous health
conditions. At the Highlands of Marin, where I currently reside, the property owners refuse to create even one
smoke free building until there is a law/ordinance that directs them to do so. While exposure to tobacco smoke has
been reduced in various public places such as inside restaurants and bars, it is unacceptable that tobacco
exposure should be able to threaten San Rafael residents while inside their own homes. In response, I urge you to