Carlsbad Bans Smoking in Multifamily Buildings to Reduce Secondhand Smoke Risks

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The City of Carlsbad, located near San Diego, has enacted a new ordinance that bans smoking and vaping of tobacco and cannabis products in multifamily residential buildings containing three or more units. The law, which aims to reduce the risks associated with secondhand smoke, applies both inside and outside these buildings, including common areas. Smoking will only be permitted in designated smoking zones.

This ordinance, which goes into effect on January 1, 2025, also covers townhomes but does not generally apply to single-family homes. The measure was passed with a focus on protecting residents from the harmful effects of secondhand smoke, which can travel through shared ventilation systems and other structural components in multifamily housing.

Councilmember Melanie Burkholder was the lone dissenting vote, arguing that the ordinance represents government overreach. She contended that decisions regarding smoking policies should be left to landlords and property managers. “We shouldn't be property managers or landlords," Burkholder said, expressing her concern about the city's involvement in such matters.

Under the new ordinance, violations are classified as public nuisances that can be addressed through legal action. Any person acting in their own interest or on behalf of others can sue a tenant violating the ordinance. Courts are authorized to award damages, with a default fine of $500 per violation if specific damages cannot be proven. Given that each day of violation counts as a separate offense, tenants could potentially face significant financial penalties, with a week of violations amounting to $3,500.

Importantly, the ordinance does not target landlords or property owners unless they are residents conducting the smoking themselves. The regulation has sparked debate within the community, particularly regarding enforcement and the balance between public health and individual rights.