Carlsbad could be the first city in San Diego County to ban smoking and vaping in multiunit homes.
On Tuesday, the Carlsbad city council voted 4-1in favor of the ordinance, which would ban smoking and vaping of tobacco and cannabis products inside and outside multi-unit apartment and condo buildings.
It's aimed at curbing secondhand smoke.
"Exposure to secondhand smoke is responsible for over 40,000 deaths in the U.S. each year," said Jennifer Gill with Vista Community Clinic, one of the speakers supporting the ordinance from a health perspective. "According to the U.S. Surgeon General, there is no safe level of exposure to secondhand smoke. It can cause immediate harm even in brief exposures including coughing, headaches, eye and nasal irritation and sore throat."
Gena Knutson, a Carlsbad landlord, said she’s had a nonsmoking policy in her leases since 2007. She told the Council, "From a business perspective, having a smoke free policy saves us a lot of money. We retain tenants longer. We have reduced maintenance and turnover costs, along with reduced risk of fire."
She said the policy is also an amenity for her tenants because they are not exposed to the dangers of thirdhand smoke, which is leftover smoking residue found on surfaces where someone has smoked and can last for years.
While most San Diego County cities have banned smoking in public places, Carlsbad would be the first city to adopt a ban on indoor private property.
But council member Melanie Burkholder felt that such a ban crossed the line.
"I feel like the city is not in a position to tell people how to live their lives. We're in a position to make sure they're safe. So I just have a real hard time with this, and I think I expressed this similar sentiment when it came before us before," she said. "I think landlords and property managers can make that own determination within the confines of the lease, and I don't think the city should be involved, so I can't support it."
Mayor Keith Blackburn said the decision came down to the best interest of the majority of the public.
"How can I tell somebody what they can and can't do in the confines of their own place where they live? But then at the same time, I'm looking at part of the job of legislator ... lawmakers, in this case for Carlsbad. We have to watch out for the best interest of the majority of the public," he said. "That's why we have so many rules that dictate whether we can smoke in restaurants and all the other ... rules and laws. To make sure that we have a good quality of life for everybody."
Enforcement would fall on landlords and property managers.
The ordinance will return to council for a final approval later this year. If approved, the ban will take effect January 1st.
