Foster City Finalizes Smoking Ordinance

Final changes to the second hand smoking ordinance in Foster City have been adopted by the City Council. The ordinance regulates/bans smoking in and around city controlled spaces and events, commercial/retail spaces, apartments, condominiums and townhomes and will impact private property rights.  The following is a summary of all of the changes which are now permanent.

The ordinance prohibits:

• Smoking in apartments as well as townhomes or condominiums that have shared common walls, floors, ceilings and/or ventilation, their balconies and patios even if you own your dwelling (effective 12/17/2014). Single family homes and townhomes or condos that have no shared walls, floors, ceilings or ventilation are exempted.
• Electronic cigarettes and includes them in the definition of smoking so that any laws that pertain to smoking also include electronic cigarettes (effective 9/3/2014).
• Smoking within 30 feet of all entrances/doorways of apartments, condos and townhomes and within 50 feet of commercial and retail spaces except that smoking is allowed in up to 50% of outdoor seating of restaurants, even if located within 50 feet of the entrance (effective 9/3/2014).
• Smoking at all community-wide special events, including the Arts and Wine Festival, Fourth of July Celebration and Summer Concerts (effective 9/3/2014).
• Smoking in all areas that are on or adjacent to public property, including all City facilities and parks, sidewalks, pathways, pedways and parking lots (effective 9/3/2014).
• Smoking in city streets except within vehicles traveling on city streets (effective 9/3/2014).
• Smoking on all sidewalks in or adjacent to common interest developments, apartments, shopping centers and commercial properties with retail establishments (Smoking is allowed on sidewalks adjacent to single family homes on private streets (effective 9/3/2014).
• Smoking in all apartment units, including on balconies and patios, for which new leases are executed subsequent to the effective date of this ordinance (effective 11/5/2014).

Note: For apartment units with existing leases, prohibits smoking beginning in November 2015 (effective 11/5/2014) and prohibits smoking in all indoor and outdoor common areas of apartment units except in specifically designated areas (effective 11/5/2014). Fines outlined in the ordinance will be in force beginning January 1, 2015 for those entities that are not in compliance with the law. Resource materials about the ordinance, including a link to full ordinance, are available on the City's website and will be updated as the various ordinance elements go into effect: www.fostercity.org/departmentsanddivisions/citymanager/smokingordinanceupdate.cfm  General questions about the ordinance should be addressed to Andra Lorenz at 650-286-3215 or alorenz@fostercity.org.  Questions by property owners about the ordinance's notification requirements, signage or designation of smoking areas at restaurants should be addressed to the Foster City Community Development Department at 650-286-3225 or planning@fostercity.org.