Smoke-Free Multi-Unit Housing

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Blue Clean Air                            Imagesmall Ordinance 2205

Effective September 4, 2010, the South Pasadena Municipal Code (S.P.M.C) Ch. 17 Art. VIII prohibits smoking in areas such as private patios, decks, porches, balconies and other areas including (but not limited to):

  • 17.82 Common areas:  Smoking is prohibited in all Common Areas except that a Person with legal control over a Common Area, such as , for example, a Landlord, may designate a portion of the Common Area as a designated Smoking Area provided compliance with regulations further disclosed in the ordinance.

  • 17.83 Unenclosed Areas of Multi-Unit Residences (including balconies, porches, decks and patios) within 25 feet in any direction of any doorway, window, opening or other vent into an Enclosed Area that is a Nonsmoking Area.

  • 17.83 Unenclosed Areas of Adjacent Property within 25 feet in any direction of any doorway, window, opening, or other vent into an Enclosed Area that is a Nonsmoking Area

  • 17.84 All New units of Multi-Unit Residences including any associated exclusive-use Enclosed ore Unenclosed Areas such as a private balcony, porch, deck, or patio; and including without limitation New Units in a Rental Complex and New Units in a Common Interest Complex/Mix-Use.

  • 17.86 All Existing Units that are not New Units effective January 4, 2013.

Furthermore, the below timeline will be observed in designating nonsmoking units:

  • On or before November 4, 2012, the Landlord must notify tenants of proposed designation of nonsmoking units.

  • On or before December 4, 2012, the Landlord must notify tenants of final designation of nonsmoking units.

  • On or before January 4, 2013, the Landlord must have on file and make available for inspection by City Staff designation documents. A minimum of 80% of units must be designated as Nonsmoking.

  • On September 4, 2013, it shall be unlawful to smoke in a nonsmoking unit.

HISTORY
On August 4, 2010, the South Pasadena City Council adopted Ordinance No. 2205, which amends S.P.M.C. Ch.  17 with an addition of Article VIII relating to the regulation of smoking in and around multi-unit residences.

On November 19, 2014, the South Pasadena City Council adopted Ordinance No. 2277, to revise the definition of smoking and tobacco products to include electronic smoking devices.

ENFORCEMENT
Owners, operators, managers and residents of multi-unit residences are required to comply with the law. Any Person may bring a civil action to enforce this article. Complete details on the designation of nonsmoking units (SPMC 17.87), lease terms for all new and existing units in rental complexes (SPMC 17.88), additional duties for landlords of rental complexes with less than 100% nonsmoking units (SPMC 17.89), prohibited smoking in certain areas (SPMC 17.90), and required documents available for City inspection (SPMC 17.91).

For questions or information regarding compliance with the law, please contact the City Manager's Office at (626) 403-7210. Thank you for your cooperation.

RESOURCES

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