HomeMy WebLinkAboutCM Smoking Ordinance Amendment PPTSmoking Ordinance-Private Right of Action
September 3, 2024
Secondhand Smoke
•No Safe Exposure
•Health Risks
•Ineffective Mitigation
Smoking Ordinance
•Ordinance No. 1908 (2012): Strengthened smoking regulations to protect against secondhand smoke, reduce fire hazards, and minimize tobacco smoke-related property damage.
•Smoking is banned in all new and existing units of duplexes and multi-family residences (like apartment buildings), including any private outdoor spaces like balconies, porches, decks, or patios.
Ongoing Challenges
•Brief and Spontaneous Smoking Incidents: Smoking incidents often occur quickly and sporadically, making it challenging for enforcement officers to witness the act in progress.
•Safety Priorities: Code enforcement officers are not always able to be present at the right time, as they are often engaged in scheduled inspections and high-priority tasks across the community.
•Persistence of Violations: Despite existing regulations, violations continue to occur, negatively impacting the health and quality of life of non-smoking residents.
Private Right of Action
•Proposed Solution:Amending the smoking ordinance to include a private right of action to offer a new avenue for addressing challenges.
•Documentation Required for Private Enforcement:The private enforcer must provide evidence of the violation.which could include resident complaints, inspection reports, and/or enforcement actions by local public health or code enforcement officers.
•Empowering the Community:This amendment empowers residents to protect their health and safety, enhancing the City’s overall efforts to reduce smoking-related harm.