HomeMy WebLinkAboutCA Smoking Ordinance Amendments____________________________________________________________________________________
FOR CITY CLERK ONLY
Council Meeting: November 3, 2025
Disposition: Final Adoption Ordinance No. 2053
Agenda Item No: 6.b
Meeting Date: November 3, 2025
SAN RAFAEL CITY COUNCIL AGENDA REPORT
Department: City Attorney’s Office
Prepared by: Katherine Kasameyer
Deputy City Attorney
City Manager Approval: ______________
TOPIC: SMOKING ORDINANCE AMENDMENTS
SUBJECT: AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING
CHAPTER 9.04 OF THE SAN RAFAEL MUNICIPAL CODE, THE CITY’S CLEAN
INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION, TO PROHIBIT
ALL SMOKING IN DUPLEXES AND MULTI-FAMILY RESIDENCES AND TO
ALLOW SMALL CLAIMS COURTS TO GRANT INJUNCTIVE RELIEF; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15061(b)(3) .
RECOMMENDATION:
Staff recommends that the City Council introduce an ordinance amending Chapter 9.04 of the San Rafael
Municipal Code, the City’s Clean Indoor and Outdoor Air and Health Protection, to prohibit all smoking in
duplexes and multi-family residences and to allow small claims courts to grant injunctive relief, waive
further reading of the ordinance, and refer to it by title only.
BACKGROUND:
Secondhand smoke continues to pose health problems for non-smoking community members when it
drifts from neighboring homes, apartment units, balconies, and outdoor spaces. The U.S. Surgeon
General has determined that the dangers of secondhand smoke cannot be controlled by ventilation, air
cleaning, or the separation of smokers from non-smokers.1 Several studies have concluded that smoking
in multi-unit housing also contributes to higher maintenance and insurance costs.2 The State of California,
through the State Health Officers Report on ECigarettes, has recommended that electronic smoking
devices be regulated in the same manner as traditional tobacco products.
The City has authority under California Health and Safety Code, section 118910, and California Business
and Professions code, section 26200, to regulate smoking in any manner not inconsistent with state law.
Through Ordinances including Ordinance No 1908 (2012), No 1938 (2016), No 2008 (2022), and No
1 U.S. Centers for Disease Control (CDC), Smokefree Policies Can Protect Everyone,
https://www.cdc.gov/tobacco/secondhand-smoke/policy.html (last accessed Oct. 1, 2025).
2 CDC, Smokefree Policies Can Protect Everyone; Brian A. King, et al., National and State Cost Savings Associated
with Prohibiting Smoking in Subsidized and Public Housing in the United States, 11 Preventing Chronic Disease
140222 (2014), available at https://www.cdc.gov/pcd/issues/2014/14_0222.htm (last accessed Oct. 3, 2025).
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2
2042 (2024), the City Council has demonstrated its commitment to protecting people against the dangers
of secondhand smoke, reducing fire hazards, and reducing property damage caused by tobacco smoke.
Section 9.04.070 of the San Rafael Municipal Code generally prohibits smoking in duplexes and multi-
family residences but makes exception for smoking with electronic smoking devices in these spaces. The
proposed Ordinance is intended to remove that exception and prohibit all smoking in duplexes and multi-
family residences.
Through Ordinance No. 2042, in 2024, the City Council added language to section 9.04.120 permitting
community members to seek civil enforcement of Chapter 9.04. This addressed some of the challenges
in enforcing Chapter 9.04, including the spontaneous and often brief nature of smoking, which makes it
challenging for City Code Enforcement Officers to detect and record in a timely manner. Ordinance No.
2042 allows community members to seek enforcement of Chapter 9.04 in forums including small claims
court. However, it does not authorize a small claims court to issue injunctive relief.
ANALYSIS:
There continue to be substantial concerns about ongoing exposure to second- and third-hand smoke,
particularly in multi-family residences complexes and other shared spaces. The current version of section
9.04.070 prohibits smoking in duplexes and multi-family residences yet has an exception that allows
smoking with electronic smoking devices in those areas. The proposed ordinance is intended to remove
that exception. This amendment is intended to further protect community members in duplexes and multi-
family residences against second- and third-hand smoke.
The proposed ordinance also addresses ongoing challenges with private enforcement of Chapter 9.04.
Section 9.04.120 allows community members to enforce Chapter 9.04 in small claims court. Small claims
courts may be more accessible to community members but there are some limits on the kind of relief
they can provide. Under California Code of Civil Procedure section 116.220, small claims courts cannot
issue injunctions and other equitable relief unless there is a statute explicitly granting such authority. The
proposed change to section 9.04.120 is intended to explicitly grant small claims courts the power to
provide injunctive relief in enforcement actions brought under Chapter 9.04. Before getting any kind of
relief under Chapter 9.04, a community member would still be required to produce documentation
substantiating the violation of Chapter 9.04, which could include resident complaints, inspection reports,
and/or enforcement actions by local public health or code enforcement officers. By giving small claims
courts more authority to provide community members with relief under Chapter 9.04, this amendment
would help to deter smoking violations more effectively and enhance the overall protection of public health
and safety.
FISCAL IMPACT:
There is no fiscal impact to the City in adopting the amendments to Chapter 9.04.
ENVIRONMENTAL REVIEW:
It has been determined that the ordinance amendments are 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
amendments are not subject to environmental review.
SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3
OPTIONS:
The City Council has the following options to consider on this matter:
1.Introduce the Ordinance, waive further reading of the ordinance, and refer to it by title only.
2.Introduce the Ordinance with amendments as directed by the Council at the meeting.
3.Postpone introduction of the Ordinance to allow amendments to be incorporated into the
Ordinance.
RECOMMENDED ACTION:
Staff recommends that the City Council introduce an ordinance amending Chapter 9.04 of the San Rafael
Municipal Code, the City’s Clean Indoor and Outdoor Air and Health Protection, to prohibit all smoking in
duplexes and multi-family residences and to allow small claims courts to grant injunctive relief, waiver
further reading of the ordinance, and refer to it by title only.
ATTACHMENTS:
1. Ordinance
ORDINANCE NO. 2055
AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING
CHAPTER 9.04 OF THE SAN RAFAEL MUNICIPAL CODE, THE CITY’S CLEAN
INDOOR AND OUTDOOR AIR AND HEALTH PROTECTION, TO PROHIBIT
ALL SMOKING IN DUPLEXES AND MULTI-FAMILY RESIDENCES AND TO
ALLOW SMALL CLAIMS COURTS TO GRANT INJUNCTIVE RELIEF
WHEREAS, section 118910 of the California Health and Safety Code and Section
26200 of the California Business and Professions Code local governments have
the authority to regulate smoking in any manner not inconsistent with state law;
and
WHEREAS, the purpose of the City’s smoking restrictions is to protect the public
health, safety, and welfare from the known dangers to health posed by smoking
and secondhand smoke; and
WHEREAS, materials from the California Department of Health have
recommended that Electronic Smoking Devices be regulated in the same manner
as traditional tobacco products;
WHEREAS, enforcement challenges of provisions of section 9.04.120 persist, and
community members continue to report impacts from secondhand smoke that
negatively impact their health and quality of life; and
WHEREAS, the amendments set forth herein are necessary to further regulate
smoking so as to more fully protect City residents, businesses, and visitors against
unwanted secondhand smoke in public places, parks, and multiunit dwellings;
WHEREAS, this Ordinance was introduced and read by title only at a meeting of
the San Rafael City Council on the 3rd day of November 2025 and adopted at its
November 17, 2025, meeting.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL
DOES ORDAIN AS FOLLOWS:
DIVISION 1. AMENDMENT OF MUNICIPAL CODE
Sections 9.04.070 and 9.04.120 of Chapter 9.04 (Clean Indoor and Outdoor Air and
Health Protection) of the San Rafael Municipal Code are hereby amended to read as
follows, with additions shown in underline, and deletions shown in strikethrough:
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.
D. Notwithstanding any other provision of this chapter, the use of electronic smoking
devices within any unit of a duplex or multi-family residence is not prohibited by this
chapter.
9.04.120 - Enforcement and penalties.
A. 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.
B. Any Person acting for the interests of itself, its members, or the general public
(hereinafter "Private Enforcer") may bring a private action, including for declaratory or
equitable relief, in any court of competent jurisdiction, including small claims court, to
enforce this section against any Person who has violated this section. The Private
Enforcer must produce documentation substantiating the violation of the City's Smoking
Ordinance, which could include resident complaints, inspection reports, and/or
enforcement actions by local public health or code enforcement officers. A court shall
grant all appropriate relief, including: (1) awarding damages; and (2) issuing an injunction
or a conditional judgment. Under section 116.220(a)(5) of the California Code of Civil
Procedure, small claims courts are expressly authorized to award an injunction or a
conditional judgment for actions brought under this section. Except as otherwise
provided, enforcement of this section is at the sole discretion of the City. Nothing in this
section shall create a right of action in any Person against the City or its agents to compel
public enforcement of this section against private parties.
DIVISION 2. Severability
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 portion
of this Ordinance. The City Council of the City of San Rafael 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 shall be declared invalid.
DIVISION 3. CEQA Determination.
The City Council finds that adoption of this Ordinance is exempt from the California
Environmental Quality Act (CEQA), pursuant to 14 CCR Section 15061(b)(3), since it can
be seen with certainty that there is no possibility that the adoption of this Ordinance may
have a significant effect on the environment.
DIVISION 4. Publication; Effective Date.
This Ordinance shall be published once, in full or in summary form, before its final
passage, in a newspaper of general circulation, published and circulated in the City of San
Rafael and shall be in full force and effect thirty (30) days after its final passage. If published
in summary form, the summary shall also be published within fifteen (15) days after the
adoption, together with the names of those Council members voting for or against same, in
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.
THE FOREGOING ORDINANCE was first read and introduced at a regular meeting of
the San Rafael City Council on the 3rd day of November 2025, and was passed and
adopted at a regular meeting of the San Rafael City Council on the 17th day of November
2025 by the following vote, to wit:
AYES: COUNCILMEMBERS: BUSHEY, HILL, KERTZ, LLORENS GULATI & MAYOR KATE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
Kate Colin, Mayor
Attest:
LINDSAY LARA, City Clerk