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Home My WebLink AboutCC Smoking Ordinance Amendments 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, Kertz, Llorens Gulati & Mayor Kate NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Hill Kate Colin, Mayor Attest: LINDSAY LARA, City Clerk SUMMARY OF ORDINANCE 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; CEQA DETERMINATION: EXEMPT PURSUANT TO CEQA GUIDELINE 15061(b)(3) This Summary concerns a proposed Ordinance of the City Council of the City of San Rafael, designated as Ordinance No. 2055, which will amend Chapter 9.04 of the San Rafael Municipal Code. Ordinance No. 2055 is scheduled for adoption by the San Rafael City Council at its regular meeting of November 17, 2025. The City Clerk has been directed to publish this Summary pursuant to City Charter and California Government Code section 36933(c)(1). SUMMARY OF AMENDMENT TO MUNICIPAL CODE This Ordinance would amend the Chapter 9.04 of the San Rafael Municipal Code, the City’s Clean Indoor and Outdoor Air and Health Protection, by prohibiting all smoking in duplexes and multi- family residences and by granting small claims courts authority to grant injunctive relief. Specifically, Sections 9.04.070 and 9.04.120 would be amended to accomplish the foregoing. For a complete copy of the text of the Ordinance amending the Municipal Code, please contact the City Clerk at (415) 485-3066. Copies of the Ordinance containing this Municipal Code amendment are also available for public review at the San Rafael City Clerk’s office, 1400 Fifth Avenue, 2nd Floor, Room 209, during regular business hours, 9:00 a.m. to 4:00 p.m. /s/______________________ LINDSAY LARA, City Clerk San Rafael City Clerk Dated: November 7, 2025