Redwood City Municipal Code Art. IV Prohibiting Smoking in and Around Multi-Unit Residences

Footnotes:

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Editor's note— Ord. No. 2544, § 6(Exh. D), adopted Feb. 10, 2025, repealed Art. V, § 15.31, and redesignated Art. V, §§ 15.32—15.39, as Art. IV, §§ 15.32—15.40. The former § 15.31 pertained to definitions, and derived from Ord. No. 2440, § 1, adopted Nov. 13, 2017. The historical notes of said redesignated sections have been preserved for reference purposes.

A. Smoking is prohibited in all new units in a multi-unit residence, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio. Smoking in a new unit in a multi-unit residence, on or after January 1, 2018 is a violation of this Article.

B. Smoking is prohibited in all existing units in a multi-unit residence, including any associated exclusive-use enclosed areas or unenclosed areas, such as, for example, a private balcony, porch, deck, or patio. Smoking in an existing unit on or after January 1, 2019, is a violation of this Article.

(Ord. No. 2440, § 1, 11-13-17; Ord. No. 2544, § 6(Exh. D), 2-10-25)

A. Smoking in a common area on or after January 1, 2018, other than in a designated smoking area established pursuant to subsection B., is a violation of this Article.

B. A person with legal control over a common area, such as, for example, a landlord or homeowners' association may designate a portion of the common area as a designated smoking area provided the designated smoking area complies with subsection C. at all times.

C. A designated smoking area:

1. Must be an unenclosed area;

2. Must be at least twenty-five (25) feet from unenclosed areas primarily used by children and unenclosed areas with improvements that facilitate physical activity including, for example, playgrounds, tennis courts, swimming pools, and school campuses;

3. Must be located at least twenty-five (25) feet from any nonsmoking area. The location of nonsmoking areas may change due to the new enactment of a law, execution of an agreement, or other event that affects the area's smoking designation. If an event occurs that changes a nonsmoking area, a person with legal control over a designated smoking area within less than twenty-five (25) feet of that nonsmoking area must modify, relocate, or eliminate that designated smoking area so as to maintain compliance with the requirements of subsection 2. above. In the case of a nonsmoking area on a neighboring property established only by private agreement or designation and not by this Article or other law, it shall not be a violation of this Article for a person with legal control to designate a smoking area within twenty-five (25) feet of the nonsmoking area unless they have actual knowledge of, or a reasonable person would know of, the private agreement or designation. It shall not be a violation of this Article for a person to smoke within a nonsmoking area if the area is erroneously designated as a smoking area unless a reasonable person would know of the error;

4. Must be no more than ten percent (10%) of the total unenclosed area of the multi-unit residence for which it is designated;

5. Must have a clearly marked perimeter;

6. Must be identified by conspicuous signs; and

7. Must not overlap any enclosed or unenclosed area where smoking is prohibited by this Article or other law.

D. No person with legal control over a common area in which smoking is prohibited by this Article or other law shall knowingly permit the presence of ash trays, ash cans, or other receptacles designed for or primarily used for disposal of smoking waste within a common area in which smoking is prohibited by this Article or other law.

(Ord. No. 2440, § 1, 11-13-17; Ord. No. 2544, § 6(Exh. D), 2-10-25)

Smoking is prohibited in adjacent unenclosed property within twenty-five (25) feet in any direction of any doorway, window, opening, or other vent into an enclosed area in a multi-unit residence.

(Ord. No. 2440, § 1, 11-13-17; Ord. No. 2544, § 6(Exh. D), 2-10-25)

A. Required Provisions: Every lease or other rental agreement for the occupancy of a unit in a multi-unit residence, entered into, renewed, or continued month-to-month after January 1, 2018 shall include the provisions set forth in subsection B. or C. on the earliest possible date when such an amendment is allowable by law when providing the minimum legal notice.

B. New Units:

1. Every lease or other rental agreement for the occupancy of a new unit in a multi-unit residence entered into after January 1, 2018 shall include the following provisions:

i. A clause providing that as smoking is prohibited in the new unit, including exclusive-use areas such as balconies, porches, or patios, and in any common area other than a designated smoking area; and

ii. A clause expressly conveying third-party beneficiary status to all occupants of the multi-unit residence as to the smoking provisions of the lease or other rental agreement.

C. Existing Units:

1. Every lease or other rental agreement for the occupancy of an existing unit in a multi-unit residence entered into, amended, renewed or continued month-to-month after January 1, 2018 shall include the following provisions:

i. A clause providing that as of January 1, 2019 smoking is prohibited in the existing unit, including exclusive-use areas such as balconies, porches, or patios, and in any common area other than a designated smoking area; and

ii. A clause expressly conveying third-party beneficiary status to all occupants of the multi-unit residence as to the smoking provisions of the lease or other rental agreement.

2. Whether or not a landlord complies with subsections A. and B., the clauses required by those subsections shall be implied and incorporated by law into every agreement to which subsections A. and B. apply and shall become effective as of the earliest possible date on which the landlord could have made the insertions pursuant to subsections A. and B.

3. A tenant who breaches a smoking provision of a lease or other rental agreement for the occupancy of a unit in a multi-unit residence, or who knowingly permits any other person subject to the control of the tenant or present by invitation or permission of the tenant, shall be liable for the breach to:

i. The landlord; and

ii. Any occupant of the multi-unit residence who is exposed to smoke or who suffers damages as a result of the breach.

4. This Article shall not create additional liability for a landlord to any person for a tenant's breach of any smoking provision in a lease or other rental agreement for the occupancy of a unit in a multi-unit residence if the landlord has fully complied with this Section.

5. Failure to enforce any smoking provision required by this Article shall not affect the right to enforce such provision in the future, nor shall a waiver of any breach constitute a waiver of any subsequent breach or a waiver of the provision itself.

(Ord. No. 2440, § 1, 11-13-17; Ord. No. 2544, § 6(Exh. D), 2-10-25)

A. New Units:

1. As of January 1, 2018 every landlord shall provide prospective tenants in a new unit in a multi-unit residence with written notice clearly stating that:

i. Smoking is prohibited in all new units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2018; and

ii. Smoking is prohibited in all common areas, except for specifically designated smoking areas, as of January 1, 2018.

2. As of January 1, 2018, every seller of a new unit in a multi-unit residence shall provide prospective buyers with written notice clearly stating that:

i. Smoking is prohibited in new units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2018; and

ii. Smoking is prohibited in all common areas, except for specifically designated smoking areas, as of January 1, 2018.

B. Existing Units:

1. Every landlord shall deliver, on or before July 1, 2018, to each existing unit in a multi-unit residence a written notice clearly stating:

i. All units are designated nonsmoking units and smoking will be illegal in all units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2019; and

ii. Smoking in all common areas, except for specifically designated smoking areas, will be a violation of this Article as of January 1, 2019.

2. As of January 1, 2018 every landlord shall provide prospective tenants in an existing unit in a multi-unit residence with written notice clearly stating that:

i. All units are designated nonsmoking units and smoking will be illegal in all units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2019; and

ii. Smoking in all common areas, except for specifically designated smoking areas, will be a violation of this Article as of January 1, 2019.

3. As of January 1, 2018 every seller of an existing unit in a multi-unit residence shall provide prospective buyers with written notice clearly stating that:

i. All units are designated nonsmoking units and smoking will be illegal in all units, including any associated exclusive-use enclosed area or unenclosed area, such as, for example, a private balcony, porch, deck, or patio, as of January 1, 2019; and

ii. Smoking in all common areas, except for specifically designated smoking areas, will be a violation of this Article as of January 1, 2019.

4. Smoke-free residences are exempt from the noticing requirements of subsections 1., 2., and 3.

C. Posting No Smoking Signs Required: Clear and unambiguous "no smoking" signs shall be posted in sufficient numbers and locations in common areas where smoking is prohibited by this Article or other law. In addition, signs shall be posted in sufficient numbers and locations in the multi-unit residence to indicate that smoking is prohibited in all units. Such signs shall be maintained by the person or persons with legal control over the common areas. The absence of signs shall not be a defense to a violation of any provision of this Article. "No smoking" signs are not required inside or on doorways of units.

D. Smoking in a Nonsmoking Area Prohibited: No person with legal control over any nonsmoking area shall permit smoking in the nonsmoking area, except as provided in subsection A. of Section 15.33.

(Ord. No. 2440, § 1, 11-13-17; Ord. No. 2544, § 6(Exh. D), 2-10-25)

A. The provisions of this Article are restrictive only and establish no new rights for a person who engages in smoking. Notwithstanding (i) any provision of this Article or of this Code, (ii) any failure by any person to restrict smoking under this Article, or (iii) any explicit or implicit provision of this Code that allows smoking in any place, nothing in this Code shall be interpreted to limit any person's legal rights under other laws with regard to smoking, including, for example, rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles.

B. Nonconsensual exposure to smoke occurring on or drifting into residential property is a nuisance, and the uninvited presence of smoke on residential property is a nuisance and a trespass.

(Ord. No. 2440, § 1, 11-13-17; Ord. No. 2544, § 6(Exh. D), 2-10-25)

California Health and Safety Code Sections 11362.3(a)(2) and 11362.79(a), as may be amended or renumbered from time to time, prohibit smoking cannabis wherever smoking tobacco is prohibited. The prohibitions on smoking in multi-unit residences found in this Article expressly apply to the smoking of cannabis.

(Ord. No. 2440, § 1, 11-13-17; Ord. No. 2544, § 6(Exh. D), 2-10-25)

A. The remedies provided by this Article are cumulative and in addition to any other remedies available at law or in equity.

B. Every instance of smoking in violation of this Article is an infraction punishable as provided in Section 1.7. Other violations of this Article may be prosecuted as infractions or misdemeanors when the interests of justice so require. Any peace officer or code enforcement official may enforce this Chapter.

C. Violations of this Article are subject to a civil action brought by the City, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation.

D. No person shall intimidate, harass, or otherwise retaliate against any person who seeks compliance with this Article. Moreover, no person shall intentionally or recklessly expose another person to smoke in response to that person's effort to achieve compliance with this Article. Violation of this paragraph shall constitute a misdemeanor.

E. Causing, permitting, aiding, or abetting a violation of any provision of this Article shall also constitute a violation of this Article.

F. Any violation of this Article is hereby declared to be a public nuisance.

G. In addition to other remedies provided by this Article or otherwise available at law or in equity, any violation of this Article may be remedied by a civil action brought by the City Attorney including, without limitation, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.

H. The City may also enforce this Article as authorized by the enforcement and penalties provisions of Article VI.

(Ord. No. 2440, § 1, 11-13-17; Ord. No. 2544, § 6(Exh. D), 2-10-25)