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November 30, 2007
Blowing Smoke - It Could Become Harder to Find a Place to Do It.
Are you suffering from cigarette or cigar smoke infiltrating your unit through a ventilation system or wafting its way up to your deck when you are trying to enjoy a very fine California sunny day? Should you have to suffer?
I think not. We are on our way to an even healthier environment thanks to proactive municipalities and, as time goes on, more and more proactive HOAs. We have to temper our actions with the times, but the times, "they-are-a-changin."
People across the country are getting relief. I wrote earlier about a Colorado case where the court upheld an HOAs right to enforce a prohibition on smoking in the common area and to address the nuisance caused by second hand smoke. An owner challenged the ban and lost.
At this time, I am writing about laws, ordinances and regulations closer to home. In October of 2007, the City of Belmont passed an ordinance regulating secondhand smoke which may be one of or the toughest in the US on smokers. The ordinance defines a reasonable distance from areas in which smoking is prohibited, and implements a 14 month phase in period for those multi-unit buildings that are included within the purview of the ordinance. It is not a strict prohibition for smoking in multifamily buildings but does address ramifications when neighbors complain about the smoke. The Belmont City website has an entire page on smoking and the issues and you can go there to get links to many places with excellent information about smoking, the damage secondhand smoke does, and where to get guidance and help. Some of the information presented includes this: "The California Air Resources Board (CARB) in January 2006 declared environmental tobacco smoke (another term for secondhand smoke) a toxic air contaminant." The site includes links to such things as:
Press Release Related to 2006 Declaration: http://www.arb.ca.gov/newsrel/nr012606.htm
Fact Sheet Related to 2006 Declaration: http://www.arb.ca.gov/toxics/ets/factsheetets.pdf
Link to Smokers who would like to quit helpline: http://www.californiasmokershelpline.org/
Talk about proactive!
I remember several years ago when I flew back home from the East Coast. There was a group of young Europeans that got off the plane behind me. One said, "I need a cigarette." His companion replied, "I don't think you can smoke in California." I had to chuckle at this.
Maybe we are getting there?? I used to be a smoker. I quit many years ago, not because of anyone harping on me (although my kids did a good job of it). I found that the less convenient it became to smoke, the more it became a stressful experience, instead being the stress reliever I had convinced myself it once was.
One good thing, it's no longer "cool" to smoke - at least in most circles here in this progressive state. Take a look at the older Hollywood movies and you will see a change - very few of the newer movies glamorize smoking ... we've come a long way baby.
Posted by Beth Grimm at November 30, 2007 10:27 AM