California City Adopts New Smoking and Vaping Restrictions

Carlsbad, California, has adopted new restrictions preventing people from smoking or vaping inside multi-family housing units.

At a Glance

Carlsbad City Council adopted a new smoke-free multi-family housing ordinance.
The ordinance bans smoking in most multi-unit homes in Carlsbad.
The vote was 4-1 in favor of the ordinance.
Some residents see it as government overreach.
The ordinance aims to protect residents from secondhand smoke.

Carlsbad Introduces Smoke-Free Ordinance for Multi-Family Housing

The Carlsbad City Council recently adopted a groundbreaking smoke-free multi-family housing ordinance. The new law prohibits smoking and vaping inside rental units, including private balconies, porches, and common areas. The ordinance applies to properties with at least three units and covers all types of smoking and vaping of tobacco and cannabis products.

The restrictions will take effect on September 20, with enforcement rules starting next year. The move makes Carlsbad the first city in San Diego County to implement such a ban.

According to the ordinance, secondhand smoke can travel through walls, ceilings, and ventilation systems, affecting other residents. Protecting public health and ensuring a smoke-free environment were the driving forces behind the legislation. The policy also aims to help property owners avoid costs related to smoke residue removal.

Congratulations Carlsbad on banning smoking and vaping in apartments, condos and other multi-family housing options beginning Jan. 1, 2025.https://t.co/JHJzUUHZBG #tobaccoEndgame

— ActionSmoking&Health (@AshOrg) August 17, 2024

Diverse Reactions to the New Law

Some people view the new law as government overreach. Councilmember Melanie Burkholder opposed the ordinance, expressing concerns about property management responsibilities. She remarked, “It feels like an overreach of the city. We shouldn’t be property managers or landlords.”

“It’s kind of taking it too far,” said Phil Mouvet, a local resident skeptical of the ban’s necessity.

On the other hand, the ordinance has found strong support among several community members. Mayor Keith Blackburn voted in favor of the measure, citing the responsibility to protect public health. He shared, “I’m looking at part of the job of legislator… We have to watch out for the best interest for the majority of the public.”

Carlsbad resident and high school student Patrick Mason, who also volunteers with the American Cancer Society-Cancer Action Network, expressed his support. “I am proud that my city will be the first in the county to provide these protections, and I hope that tonight’s actions can inspire other cities to take this important step,” he said.

Enforcement and Implementation

The enforcement of the new ordinance will not fall on police or code enforcement officers due to limited resources. Instead, landlords and tenants will have the responsibility to take legal action against violators. This aspect has generated concern among property owners and managers. Alan Pentico of the Southern California Rental Housing Association criticized the ordinance, stating, “This ordinance is likely to lead to evictions at a time when housing is in short supply.”

The ordinance includes exemptions for hotels, single-family homes with granny flats, and mobile-home parks. Additionally, it aligns with Carlsbad’s Housing Element, a state-mandated plan that promotes a suitable living environment and reduces secondhand and thirdhand smoke-related health issues.

With Carlsbad setting a precedent in San Diego County, other cities might follow suit, contributing to a growing trend of smoke-free environments in multi-family housing across California. Currently, 84 municipalities in the state have similar non-smoking policies. Carlsbad’s move builds on its long-standing smoke-free air laws covering most outdoor spaces.