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Alameda's City Council to Consider Tough New Rules on Smoking on Tuesday
Proposed ordinance would ban smoking in multi-unit housing, all indoor workplaces and outdoor public places.
Alameda City Council members will vote on a comprehensive anti-smoking ordinance that would forbid smoking in apartment buildings, all indoor workplaces and all outdoor public places — making the local rules tougher than existing state law.
The proposed ordinance would also prohibit smoking in new units of "common interest complexes," a term that includes condominiums, cooperatives and planned developments, but would still allow smoking in existing units at those locations.
Places where smoking would be banned include:
• All indoor workplaces, including those exempted by state law, and outdoor workplaces and vehicles used as work sites. These would include construction sites, small businesses, owner-operated businesses open to the public, and outdoor seating areas at restaurants and bars.
• All outdoor public places, including dining areas, recreation areas, service areas (bus stops and ATMs, etc.), shopping malls, outdoor events, commercial-area sidewalks, and within 20 feet of any enclosed area where smoking is prohibited.
According to a city staff report, "The ordinance would effectively ban smoking in commercial areas, where the public is most likely to congregate, including Park Street, Webster Street and Southshore Center, among others."
• All units (new and existing) in multi-unit rental complexes, including balconies and porches. These include market rate rentals, affordable housing and senior housing. (An alternative proposal would allow landlords to designate up to 10 percent of existing units as smoking units.)
• All new units of common interest complexes. The staff report says, "Staff is not recommending that individual unit prohibitions be extended to existing common interest complexes at this time because such prohibitions will infringe on the individual interests and rights of these property owners. While staff acknowledges that non-smoking neighbors are contending with the same health risks as non-smoking bar patrons, the issue is more complex than inconveniencing someone for a few hours.
"Homeowners' associations have the authority to prohibit smoking in individual units; they do not need a local law to adopt smokefree provisions. Additionally, the ordinance includes several provisions such as disclosure requirements for prospective buyers, buffer zones, and private enforcement."
• Common areas of both multi-unit rental complexes and common interest complexes, except that designated smoking areas meeting certain criteria in outdoor common areas may be established.
Also on Tuesday's agenda:
• Final approval of a "Sunshine Ordinance."
• An application to the Metropolitan Transportation Commission for $2.5 million in funding from the 2012 Regional Transportation Improvement Program for the Broadway/Jackson Project.
• During closed session, consideration of existing litigation (Donald Sipple, et al v. City of Alameda, et al) and a workers compensation claim.
The council will meeting at 7 p.m. Tuesday, Nov. 1, in the third floor council chambers at City Hall, 2263 Santa Clara Ave. The closed session will begin at 6:30 p.m. in Room 391 at City Hall.
You may download the complete agendas and related material at the City of Alameda website.
Jon Spangler
10:30 am on Monday, October 31, 2011
I suport the stronger ordinance. My wife has asthma and allergies and she s at risk of secondhand smoke almost every time we walk down a public sidewalk as well as around our apartment complex. Public health needs to trump other factors and lots of people with significant breathing problems will benefit from this ordinance.
Jaan Carter
10:42 am on Monday, October 31, 2011
Oh, that would be lovely. People smoking in their own homes is fine with me, as long as the exhale doesn't come into my home! There is no escape from that. Thanks for the opportunity to vote: YES, let's have a strong Smoking Ordinance, please!
joel
10:43 am on Monday, October 31, 2011
Jon ,
there is a siver lining , they are all comiting suicide by smoking , my Father {higher education than normal} nor his Doctors at the time , believed smoking was not a problem even after removing one lung to smoke cancer , he actually had cigarettes in the hospital after surgery , that's how ignorant they were or oblivious to reality . Like safety belt and helmet sometimes we need to protect peoples against themselves .
Needless to say I have never touched one not even the Holly joint {lol}
Jeff Mark
11:43 am on Wednesday, November 2, 2011
"there is a siver lining , they are all commiting [sic] suicide"
That's a silver lining? Pretty cold-blooded. And self-righteous.
peggy hinkle
11:19 am on Monday, October 31, 2011
I sent my comments to the council. Here are links to info about second- and third-hand smoke on babies in utero and children:
http://www.srnt.org/resources/public/kids.cfm
http://www.aap.org/richmondcenter/
http://www.kidslivesmokefree.org/pdf/tobacco_smoke_exposure.pdf
http://www.parenting.com/article/on-call-babies-and-third-hand-smoke
http://www.associatedcontent.com/article/241755/cigarette_smoke_affects_children_even.html?cat=5
http://www.askdrsears.com/topics/child-rearing-and-development/bringing-baby-home/how-smoking-harms-babies/how
Anne
11:31 am on Monday, October 31, 2011
Extreme elements in the ordinance give it a distasteful flavor overall, making its motivation more suspect than it needs to be, but the most controversial aspect, of course, is in the differential treatment of residents who rent rather than own their apartments. There's no physical or moral or justifiable reason to make this distinction other than the stronger legal rights ascribed to property owners, and the city admits this, that they're overstepping individual rights of existing occupants in the case of the landed class, but are not forced to acknowledge equal rights for any others. A change in this kind of class thinking is sweeping the country and should be reexamined here in Alameda, where the majority of residents are renters (2010 census).
I would support the proposal in the main with the caveat that all apartment and condo homes are subject to grandfathered rights until the unit changes hands. Otherwise the city is issuing de facto eviction notices to people who don't enjoy the protection of wealth.
Cathy
6:01 pm on Monday, October 31, 2011
To Jon Spangler: your wife is at risk far more from auto emissions as you walk down the sidewalk than she will ever be from cigarette smoke. If you disagree, how about an experiment. I will sit in a garage with 50 smokers (smoking) for 2 hours and you sit in a closed garage with your car engine running for 2 hours. Which of us will live to talk about it? This ordinance is bad for so many reasons--least of which is the bad science and moral self righteousness upon which it is based.
Jon Spangler
7:39 pm on Monday, October 31, 2011
Cathy, I'm not particularly in favor of auto emissions, either, but I'm not in this for morality, just cleaner air. And I like having my wife around, too.
If you want to go sit in a garage with 50 smokers, be my guest. I'm not planning on having any kind of smoke or exhaust in my garage any time soon.
BTW, if you think the overwhelming evidence that secondhand smoke is toxic and dangerous is "bad science,"someone needs to tell you about Darwin and gravity, too...
Ron Salsig
6:08 pm on Monday, October 31, 2011
My father smoked, like most of his friends in the Manhattan Project. He smoked at the dining room table, in the living room, in the den. My mother never smoked. My brother never smoked. My mother is the healthiest 92-year-old you've ever seen. My brother is retired from the forest service, healthy as an ox. Second-hand smoke obviously never had any effect on anyone in my family. Are we that abnormal? Face it -- smoke in the air from tobacco is nothing compared to what comes out of the exhaust pipes of all these cars on the Island.
I rent, have lived in the same house since 1996. There are two other units in the house. I enjoy a cigar when I write my columns and my books. (And I have won national awards). The other tenants also smoke. So does the landlord. I read the complete proposal, and from what I gather I will either have to buy a house or leave Alameda. I was sports editor of the Times-Star for a long time. I love Alameda. It sounds to me like the city is ready to evict me for smoking. For what? I have never bothered anyone with my smoke.
When the city invades the privacy of the home, when the city tells me what I can or cannot do inside my home, that is a very slippery slope. I do not smoke in public places, or where it may inconvenience anyone else. I do not have the money to buy a house. What am I to do if this law passes? Become homeless? This is a very bad law.
Eric Strimling
6:09 pm on Monday, October 31, 2011
I am a non-smoker who hates the smell, and lately have started to get asthmatic responses to it. But I don't like the multi-unit housing ban. This targets poor people unfairly. While their lives would be immeasurably improved if they quit, nicotine is extremely addictive. Add to that the pressures of being poor and it is unreasonable to expect quitting as option to ease this burdensome regulation.
When my neighbor smokes next door, I can smell it. Why doesn't this regulation require him to stop? Oh, because we are land owners in detached houses, apparently we are above this law.
Oppressing the poor because we can and it makes us feel good is not good, American, behavior. Sorry.
Rachel Humphrey
7:58 pm on Monday, October 31, 2011
I have a booth at the Alameda Point Antiques and Collectibles Faire every few months, and I hate the fact that so many people walk around smoking at that event when there are so many young children there. I'm currently pregnant, and last time I sold at the Point, the two men in the booth behind me chain smoked all day long, which made me dizzy and nauseous. It would be great if this ordinance would pass, because then all the non-smokers, including little kids, pregnant women, and asthmatics, would be protected from the nasty habits of others at this public outdoor event.
Chris Dudgeon
3:49 am on Tuesday, November 1, 2011
This is a Very good thing....apart from stopping people doing what they want to do in their own homes and also the part about not only banning tobacco products but e-cigarettes (Which are HARMLESS)
Just my 2 Cents
Beth Hoch
8:01 am on Tuesday, November 1, 2011
Yes... please ... stop smoking .. PLEASE! It is difficult to quit, yes, but the rest of us shouldn't have to pay with our health!
Judith Fruge
11:36 am on Tuesday, November 1, 2011
Yes! I support the smoking ordinance but I feel it needs to include condos. I have great difficulty fathoming the concept that a great majority of Alamedans are non-smokers and yet the single-digit percentage of smoking Alamedans are allowed to pollute the air that every living being has to breathe in. Had the effects of first-hand, second-hand and third-hand smoking on people been changed from gradual to fast-forward, I bet the smoking ordinance would have been adopted a lot more quickly.
Adrian Blakey
11:59 am on Tuesday, November 1, 2011
To the point, this is not an anti-smoking ordinance, it's a pro-clean air and better living conditions ordinance, that is for the common good. It will also save us money through better health, lower cleaning and renovation costs, and increase the income of business.
If a smoker wants to continue their habit there is nothing in these ordinances to ban them doing so, as long as they do it so that it does not affect the rest of us.
There are no good arguments against it.
SunFlowers
4:17 pm on Tuesday, November 1, 2011
Clean air = YES
Smoking ban in public spaces = YES
Smoking ban in someone's own home = are you kidding me?
I'm with Cathy when it comes to how "detrimental" second hand smoking really is vs. other air quality issues we deal with every day. There are many many many ways to help air quality (may I add, chopping down wonderful trees is not one of them). The air quality on Park street just depleted 10 fold.
But let's point fingers at the smoker. Yes, why don't we just put them aside and make them the issue of our City's next focus. Lame. City Hall can just keep their noses out of my neighbors home and out of mine for that matter.
The ordinance has some qualities that I love, at the same time, it sounds like it's about to be very badly written...and violates people's choices and privacy.
margaret dos santos
10:59 pm on Tuesday, November 1, 2011
our council passed the ordinance...added condo's without public comment....I want to pay property taxes (including measure A school tax) as a renter and not a home owner...can I just pack up and move....NO. If I live next door to a single family home that the owner smokes and it comes into my house..I am out of luck....our council just passed double standards......
Jaydee
11:32 pm on Tuesday, November 1, 2011
slerwj
Jaydee
11:45 pm on Tuesday, November 1, 2011
So...it's illegal to smoke in Alameda, but the products are sold legally. Another double standards. Just make it illegal to manufacture and sell cigarettes. Don't band-aid the problem, take away the rights or create another set of rules that are gray.
Judith Fruge
8:38 am on Wednesday, November 2, 2011
I agree with Jaydee that it doesn't make sense to ban smoking in Alameda and yet have cigarettes available for sale. Cities and counties like Belmont, Pasadena. and Santa Clara county have passed a law to ban cigarette smoking in their cities, including the sale of cigarettes in their stores. It would be practical for Alameda to do the same. Why torture cigarette smokers? Not being able to easily purchase cigarettes may help those smokers trying to quit, you know? It would be blissful to have clean fresh air for all to breathe.
Jeff Mark
1:21 am on Wednesday, November 2, 2011
I think the restriction to *new* units of common interest complexes, rather than existing units, is a reasonable compromise. But yeah, this is serious. I really can't complain myself, but then I don't smoke cigarettes and I own my fully-detached home, so it doesn't affect me personally. But there's a coercive aspect to this kind of approach that I have trouble fully getting behind.
Please also see my comment at "Smoke-Free Alameda Blog: A Note about Second-Hand Smoke from a Condo Owner"
SunFlowers
9:05 am on Wednesday, November 2, 2011
Dear Lord - I spend a lot of time on Park Street, Webster Street, South Shore, public areas...and at MOST, I pass only a few smokers while I'm out. If that. Most people that smoke that I encounter set themselves as far away as possible nowadays so the smoke doesn't hit people in the face. Perfect example would be any festival here in town. You've got hundreds of people, and very rarely will I walk through a cloud of smoke....WHY???? Because the smoker will separate themselves from the hundreds of people so no one has to be hit with the smoke.
This debate is really off center. It's not like you are being subjected to cigarette smoke as it was in the 50's, 60's or 70's. Come on people, lets focus on something more important, like the loss of air quality due to the trees being destroyed on Park Street!!!
margaret dos santos
10:16 am on Wednesday, November 2, 2011
I agree that most smokers smoke in public with consideration to non-smokers, but there are those that smoke with no consideration..... I do not have issue with not smoking on Webster Street or Park Street, If I want a smoke I will walk a bit further down a side street.....I don't smoke many cigs in my day but the few I do have are ones that I enjoy..its my right.....with the new law I will no longer enjoy my morning or afternoon coffee out an about at Peet's (Nob Hill)....or Peet's (park street) or starbucks (webster street).....
renters, condo owners should have the same rights as single family dwellings...rather it is a rental or owned. Double standards should not be a way of life we live by..
Jon Spangler
4:40 pm on Wednesday, November 2, 2011
The problem with any form of shared-walls housing, from apartment buildings and Victorians converted into rentals to condos or townhouses, is that tobacco smoke and other airborne contaminants can seep through the shared walls between dwellings and/or accumulate and be sucked into air conditioning, heating, or other ventilation systems throughout all of the units in a building.
This does not mean that tobacco smoke from your neighbor in his single family residence (SFR) will never infringe on your own SFR's airspace (it will) but there is at least some protection afforded by the admittedly small and porous distance between standalone SFRs that does not exist in multifamily residential (apartments, condos, etc.)
There is not yet a good compromise between traditional homeowners' rights and those of people wanting to breathe unpolluted air.
LD
1:08 pm on Wednesday, November 2, 2011
Can hardly wait to see what City Council does about:
Alcohol consumption in public or private spaces.
Motor vehicle exhausts.
Consumption of high fat products and "foods."
Neighbors allowing their tree leaves to rot creating mold and mildew.
Pets defecating and urinating on lawns, leaving all manner of viruses and bacteria, protozoa and other microscopic pathogens for kids to play in.
Mexican restaurants blaring 'music' onto public sidewalks.
Why the concern with cigarette smoke as opposed to vehicle exhausts?
Or, a matter of 'priorities.' Sure.