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Starting Nov. 22, 2012, all newly occupied units in multi-unit residential properties in Santa Monica are declared non-smoking.
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Starting Nov. 22, 2012, all newly occupied units in multi-unit residential properties in Santa Monica are declared non-smoking.

News, City Council, Santa Monica

Santa Monica Adopts New Smoking Law For All Multi-Unit Housing In City

Posted Oct. 25, 2012, 1:18 am

Brenton Garen / Editor-in-Chief

Santa Monica on Tuesday adopted a law with new smoking rules that affect all multi-unit housing in the City. The law includes the following:

-- All new occupancies after Nov. 22, 2012 are non-smoking: Starting on this date, all newly occupied units in multi-unit residential properties in Santa Monica are declared non-smoking. This includes all apartments and condominiums. So, anyone moving into an apartment or condo in Santa Monica after November 22 can't smoke in the unit.

-- Owners must start smoking survey by January 21, 2013: Before this date, all landlords and condo homeowners' associations are required to begin a survey of current occupants, who must then designate their units either "smoking" or "non-smoking." For other deadlines and details about this process, see the attached “designation process” sheet or go to smconsumer.org.

-- Current occupants grandfathered: Existing occupants can continue to smoke inside their units if they designate the units as "smoking."

-- Results distributed: Once the survey is done, landlords and HOAs must give out the updated list of all units' smoking status to all occupants. In the future it must be kept updated, and given to all prospective renters and buyers along with a copy of the attached information sheet. (Also available at smconsumer.org)

-- Common areas too: Existing Santa Monica law already bans smoking in residential outdoor and indoor common areas, including balconies and patios and any area within 25 feet of any door, window or vent.

Questions and Answers

Q: Are there exceptions to the law?

If a property is already 100% smoke-free, the designation process is not required. The law also does not apply to temporary special needs housing for people with disabling conditions.

Q: How is the law enforced?

Most compliance is achieved through communication. If that fails, and a person persists in smoking inside a non-smoking unit after getting a written notice, the person may be taken to small claims court and is liable to pay damages starting at $100. Any person can enforce the law.

Q: Are property owners required to enforce the law?

No. They are only required to conduct the survey and keep updated lists available. They are not required to enforce violations of the no-smoking rules.

Q: What happens if a property owner refuses to conduct the initial survey and give out the required information?

The owner can be prosecuted for violating the Municipal Code.

Q: Can a tenant be evicted for violating this law?

No. But a tenant can still be evicted if the lease prohibits smoking.

Q: What about medical marijuana?

If a unit is non-smoking, then medical marijuana can't be smoked inside. If a doctor specifically requests that a disabled occupant may smoke marijuana indoors, and the occupant can't take marijuana in non-smoked form, then the smoking might be permissible under the "reasonable accommodation" standard for disabilities. For more information call the City Attorney's Office, 310.458.8336.

Q: Where can I get help with quitting?

Go to nobutts.org, or call 1-800-NO-BUTTS.

Q: Where can I get more information?

Go to smconsumer.org, or call the City Attorney's Office, 310-458-8336.

Post a comment

Comments

Oct. 25, 2012, 2:06:54 am

A Sick Person said...

All I can say is WTF.... If I am a medical marijuana patient, am I not protected by HIPPA? Therefore why do I have to go back to see my doctor and even tell my landlord I am sick or want to smoke? I notice it is like contact the city attorney...So I have to tell them I have a medical condition? I believe this violates my rights to privacy.

Oct. 25, 2012, 2:20:16 am

Candy said...

Sorry, Sick Person...but your actions to improve your own medical condition hurt others around you. Smokers are one of the most selfish people around. They dont realize or care that their actions affect everyone's health around them. And, even if they are not smoking, most of them still wreak like smoke.

Oct. 25, 2012, 2:24:17 am

laurie frank said...

I think every candidate running for office in Santa Monica City Council should declare whether they are an anti smoking fanatic so I avoid voting for them. When council members run out of ideas they focus on smoking bans so it appears they actually have something to do. This new restriction is an outrage.

Oct. 25, 2012, 2:24:33 am

Martin Gross said...

Are candy cigarettes permitted?

Oct. 25, 2012, 3:18:54 am

A Sick Person said...

Candy: How is it selfish if it is inside my own apartment with my windows closed? You don't live in my apartment. It is also more like why is it up to my neighbors to decide if I can or cannot smoke medical marijuana and have a civil case. I don't like having to tell my landlord or anyone else I have AIDS or MS (It's none of their business and still violates HIPAA). .

Oct. 25, 2012, 4:12:49 am

Robert said...

I hate smoking, but this law will be the laughing stock of the nation and end up costing far more and hurting more people than it is helping. I give it 6 months

Oct. 25, 2012, 4:55:22 am

Callie said...

The city attorney specifically said this ordinance will not require any extra personnel, and the costs would be negligible. This ordinance will actually save money because of the high financial and physical costs that second-hand smoke creates. Sick person can designate his/her unit as "undesignated" instead of "smoking" if desired to protect his/her right to medical privacy.

Oct. 25, 2012, 5:13:12 am

laurie frank said...

Can you give us the roll call vote on this hideous affront

Oct. 25, 2012, 5:24:03 am

Jack said...

I am not a smoker. No one smokes in our unit, or in the building that I have seen. However, this is so oppressive. Smoking in the unit does not hurt anyone, but his law infringes on base freedoms. I would argue it violates the Constitution and is being implemented like the Nazi's did, turn in your neighbor. Santa Monica is so caught up in their own aura, they forget the basic tenent of America - freedom! I could even live with the common areas being off limits, due to smoke travel, but inside the unit? Pathetic.

Oct. 25, 2012, 6:45:51 am

RightsforSmokers said...

Jack is right, it infringes on our rights and to have the whole "turn in your neighbor" for what a $100 civil fine plus how much time and money is wasted tying up the court system. To those who say mark it undesignated or whatever have you. What about when you move to a new apartment or condo? Now people can't medicate in the privacy of their own home. Also does this incorporate vaporizing (which is not combustible)?

Oct. 25, 2012, 7:20:06 am

Bob Abernethy said...

My last cigarette was on 15FEB03. I put it out with my right hand as my left opened the door to UCLA Santa Monica hospital. 56 days later I hopped out on one leg and a walker. That amputation was the result of tobaqcco-related atherosclerosis (vascular disease). On 15OCT10 I lost the other leg to the same disease, even though I had been smoke-free for over seven years. I have paid, and continue to pay a high price for a 39 year tobacco habit. In spite of that, this law is misguided in the extreme, from concept to enforcement. It will pit citizen against citizen for using a lawful product in the manner in which it is intended. Government has no RERAL interest in curtailing smoking. Government makes more money off tobacco, in taxes, than do the tobacco companies! Now, in their constant whoring for votes, politicians have chosen to demonize folks who are pursuing an otherwise lawful habit in the3 sanctity of their own home. What is next? Will they outlaw sex inside a unit because some folks die in the throes of ecstasy, as did a former US Vice-President? Why are they not prohibiting the use of alcohol inside units? Alcohol abuse is certainly at least as harmful as is tobacco use. And how is someone to prosecute a claim under this ridiculous law? Without actual eyewitness testimony of someone actually inhaling, there can be no case. All a smoker need do is to claim that they were burning tobacco as they enjoy the aroma, and there you go, instant defense verdict! Then the smoker can sue his neighbor for malicious prosecution. Do we have enough Comissioners to hear all these small claims cases? Let's get real, here!

Oct. 25, 2012, 10:02:15 am

FERENC CSICSERI said...

this is remind me of the Nazi Germany .How you going to push peoples out of they home to blame the cigarette which is this Government let produce in the first place .They try to punish peoples for what they created this is just another way to discriminate.I hate this two faced City and all the City officials include

Oct. 25, 2012, 10:05:38 am

CR said...

Bob, you may be at peace with losing your legs as a result of your tobacco use because, after all, it was your personal habit that caused it. But the scientific facts are in: 2nd-hand smoke indeed travels from unit to unit--equivalent to a smokey casino. There is no dispute to this. Can a neighbor's sex activity or alcohol consumption enter their neighbor's unit? No. If you're concerned about this ordinance pitting neighbor vs. neighbor, well, you're too late. It's been neighbor vs. neighbor for all these decades. Finally, the courts will have an ordinance to refer to. Non-smoking neighbors will not share the same peace you exhibit in losing their legs because of their neighbor's addiction. Hats off to the SM City Council members for their fair and healthful actions.

Oct. 25, 2012, 2:09:28 pm

tg said...

to sick person......medical marijuana is CRAP!!!!! what an excuse......I do have MS. if i wanted to use this for my condition i would use a REAL prescription from a real doctor. i would go to a real pharmacy. it's called marinol. if you do have an auto immune problem, be careful what you inhale.

Oct. 26, 2012, 1:37:29 am

ASickPerson said...

TG: I never said what my condition is....maybe there is a reason Marinol doesn't work for me. I'm sorry you have MS...however to get a recommendation you have to see a REAL Dr. who is legally licensed by the state, last I checked that is a REAL Dr. To the other's who got my point: This violates my right to privacy at the end of the day weather or not I smoke. Also, how is one going to prove this without a resonable doubt. If I don't like my neighbor I can file civil charges and get the money hrmm sounds fun.

Oct. 26, 2012, 3:38:37 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:44 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:44 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:44 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:44 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:45 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:46 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:47 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:47 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:44:47 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:22 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:22 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:22 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:22 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:22 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:23 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:23 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:23 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:23 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:24 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:24 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:24 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:24 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:24 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 10:37:12 am

A Sick Person said...

I am more referring to people who move here or move apartments, so If I move to a new place, I can't smoke. Yes it does infringe on their rights, but I'm more disagreeing with enforcement and too much gov't control of my social life. Hell I don't like control of social or economics for that fact. But back on topic....the drum analogy--I actually have that problem right now. I called the cops -they didn't do much good, my landlord didn't do much to stop it, the rent control board said I have to lawyer up and get all the other tenets in my building to complain even though they don't live below this person. I don't sleep between 2 am and 4 am every night now for 2 months. Moving is not an option, so my right to peace is infringed upon, but nothing is being done about it and I am told to "deal with it". So my point is people can "deal" with my smoking or burning tobacco in my own home.

Oct. 26, 2012, 9:45:25 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Oct. 26, 2012, 9:45:25 am

Paul Scott said...

To all of you who hyperbolically claim we are infringing on your rights to smoke, please get a grip. Even with the passage of this law, you can still smoke in your apartment. As long as you seal your home such that your smoke does not enter into your neighbor's home, then no one will know if you are smoking. Your neighbors really don't care that you smoke, they only care that your smoke enters their home. It's analogous to your neighbor playing drums loudly at 3 AM. If the noise comes into your home and disturbs your peaceful enjoyment of your own property, then you would have cause to use the police to prevent it from happening again. The drum noise does not cause cancer, but it clearly is an irritant that should not be allowed. Second hand smoke is not only an irritant, but it has been proven to cause cancer. To those who disagree, please explain why you feel it's OK to inflict your cancer-causing smoke into your neighbor's home. I really want to understand your logic.

Nov. 1, 2012, 8:31:56 pm

Lynne said...

The basis for this law is the assumption that cigarette smoke enters other units through openings in the walls for electrical outlets, etc. and in the ceiling through openings for ceiling fixtures. This may be true, I have a neighbor who loves burning candles. Conventional candles emit toxins. Some people use room sprays that contain carcinogens. There are all sorts of toxic household cleaning agents that give off fumes. New carpeting and particle board products off-gas formaldehyde. Opening windows allows pollutants in the form of exhaust fumes and tire dust (known to kill tens of thousands every year) to enter a unit. If one tenants opens a window those pollutants can migrate into other units along with all the other toxic substances that are in common use. Why stop with cigarettes? The hazards of living in the developed world are myriad and trying to control them could keep the City Council busy for years.

Nov. 5, 2012, 8:25:14 am

SM Resident said...

Yes, there are many pollutants outside. But there are laws in place to help reduce them: smog checks, EPA laws, and greener cars are becoming more popular. SM encourages bike riding. If you live in a unit next to a smoking neighbor, there is no question though that the smoking inside your unit is more toxic than the outside air. First off, you can smell it very strong, and many SM residents have come forward for years detailing their suffering from the smoke. It is not uncommon for smokers to be chain smokers. This means it's not just a cigarette here and there, but frequent smoking on a regular basis. Secondhand smoke contains the same cancer-causing and lung-damaging chemicals that affect smokers. Repeated exposure to secondhand smoke over many years can cause damage to a nonsmoker's lungs that is similar to that of a smoker's. Secondhand smoke is the most important risk factor for cancer among nonsmokers, far greater than other known cancer-causing substances. Secondhand smoke is most harmful to: Children and spouses of smokers, or anyone who lives with a smoker. And people who spend most of their time in confined areas that are filled with tobacco smoke. In other words, it is clear the specific problem of multi-unit smoking is dealt with specifically.

Feb. 27, 2013, 8:57:53 pm

dan graham said...

I don't like living in a condo with a smoker. But, I dislike considerably more this continued entitlement that the Santa Monica City Council feels it has to mandate personal habits.

Sep. 10, 2013, 7:16:31 pm

Bob said...

Hats off to you Santa Monica for taking steps to protect innocent bystanders from the effects of second hand smoke - a socially unpopular behavior in health conscious California. It is common knowledge that second hand smoke kills an extremely small number of people in this country each year (3,400 second hand smoke related lung cancer deaths according to the CDC). Now let's step up to the plate and not just single out smokers, but a much bigger problem - all the innocent people killed by alcohol use. I've never heard of someone being killed by a smoking driver but certainly there are continuous instances of drunk drivers killing or injuring thousands of Americans every year. Let's crack down on the blind eye all establishments that serve alcohol give to virtually every individual that consumes on their premises. I am sure that at least one or more individual leaves any bar, restaurant, club, etc. each and every day well over the California legal limit for BAC. Many of these individuals get behind the wheel of a car and crash into innocent people who just happen to be in the wrong place at the wrong time. Santa Monica - since we are worried about the effects of smoking, let's now address a bigger and even more dangerous issue of drunk driving. Be a leader and be the first to impose laws which result in the automatic revocation of a liquor license for any establishment that has served alcohol to an individual convicted of a DUI after consuming at their establishment. Impose a zero tolerance policy for drunk driving with mandatory jail time and permanent loss of the offender's driver's license. Increase DUI checkpoints, don't announce them in advance, and increase officer monitoring of establishments with high instances of alcohol consumption. Let's don't limit the activities of the socially unpopular smokers, but do the right thing and address the socially popular but rampant irresponsible use of alcohol which causes more problems in society then "smelly" cigarettes.

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