IREM Global Summit | Chicago | October 10-13

IREM Global Summit | Chicago | October 10-13

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City Council Tweaks Proposal for Smoking Restrictions at Apartments

City Council Tweaks Proposal for Smoking Restrictions at Apartments Pleasanton Weekly (08/15/17) Walsh, Jeremy

In California, the Pleasanton City Council took another step toward establishing new stringent smoking regulations for rental apartment communities citywide last week. Reviewing a proposed ordinance they gave initial support to two months earlier, council members left most of the original proposal intact. That includes the ban on tobacco smoking in apartment units and an apartment community's common areas. However, they adjusted course to limit medical marijuana smoking at complexes only to designated outdoor smoking areas. Pleasanton's Vice Mayor Jerry Pentin said he supported that option for medical marijuana smoking "so we're not banning it entirely but we're still keeping it away from people who are inside their own rental units and dealing with secondhand smoke." The amended medical marijuana provision, unanimously endorsed by the council, meant the proposed ordinance had to be re-introduced publicly Tuesday night. The new restrictions are now set to return for final approval in September and go into effect April 2018.

Focusing primarily on tobacco products, the ordinance would include banning smoking inside individual units, on balconies and patios, in all indoor and outdoor common areas and within 25 feet of those locations at apartment properties under single ownership with two or more leased units. In addition to the onsite bans, "No Smoking" signs would need to be posted around the apartment community. Finally, the smoke-free rules would have to be disclosed in tenants' lease agreements. The property owners would have the option to create a designated smoking area outdoors no less than 25 feet from non-smoking areas. After debating a full ban, council members ultimately agreed to permit medical marijuana smoking at apartment buildings in their designated smoking areas if the resident provides a physicians's note spelling out why their patients needs to smoke medicinal marijuana as opposed to ingesting it via other means such as edibles.