Foster City OKs Smoking Ordinance; Some Ownership Units Included

Paul Stewart, SAMCAR Government Affairs Director | November 4, 2014

The City Council of Foster City has approved a second-hand smoking ordinance wherein not all ownership units are exempted. The Council voted 5-0 to ban smoking in apartments and townhomes or condominiums with shared walls, floors, ceilings and/or ventilation even if you own your dwelling. SAMCAR was successful in getting the following ownership units exempted: single family homes and townhomes or condos that have no shared walls, floors, ceilings or ventilation. Conversely, all rentals are included.

Each Councilmember spoke of their concern with infringing on private property rights when it comes to a dwelling that someone owns but in the end, they unanimously OK'd the ordinance which not only applies to rental housing, but leased properties. The Council also approved a change in the distance for a smoking ban at main entrances of defined structures from 20 feet to 50 feet (this includes multi-family projects) and affirmed that a change of ownership triggers a full smoking ban for non-residential properties.

The largest anticipated impact (as with the County's smoking ordinance adopted two weeks ago) will be on condo owners. Smoking policies can be included in the governing documents used by a Home Owners Association (HOA), which means the HOA must serve as the enforcement tool for the ordinance. The decision on which governing document (CC&Rs, bylaws, etc.) should be amended to include the policy will depend on many factors, including cost, desired strength of the policy and the likelihood the policy will need to be changed in the future or challenged in court. Rumors of forthcoming litigation are already circulating.

TAGGED: Foster City, Smoking, Smoking Ban

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