Politics & Government

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:

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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.

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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 "."

• 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.


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