CA city bans smoking in apartment homes

ShootSpeeders

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May 13, 2012
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they talk about second-hand smoke but i think the big problem with apartment smoking is the fire risk. Damn fools are always falling asleep with a cig in their hand.

California City Bans Smoking ? Even In Your Own Home | Opinion - Conservative

Nov 25, 2013
California is known to be ridden with nanny state regulations, but this new ban still comes as a shock.

In the town of San Rafael, a suburb of San Francisco, smoking is now banned throughout the city — even in the privacy of citizens’ own homes.

As reported by the Huffington Post, “The ordinance specifically bans smoking in dwellings that share a wall with another unit, including apartments, duplexes and condominiums. The hope is to eliminate second-hand smoke from creeping through doors and windows, ventilation systems, floorboards and other susceptible openings.”

Rebecca Woodbury, a spokeswoman for the San Rafeal City Manager’s office, defends the new ban. She said, “I’m not aware of any ordinance that’s stronger. It doesn’t matter if it’s owner-occupied or renter-occupied. We didn’t want to discriminate. The distinguishing feature is the shared wall.”

Jane Warner, the CEO of the American Lung Association, said, “This legislation will improve the health of all Californians by reducing exposure to smoke that drifts into housing units from balconies, patios, and other units.”
 
How much second hand smoke could one possible get via floorboards/windows/etc from a completely different apartment? That doesn't make sense.
 
I suspect this will be contested in court soon. It's one thing to ban smoking in rental units as the landlord can set whatever rules he wants (like not pets, no loud music ...). However it's a completely different matter when someone tells me that I cannot smoke in my own home, a home which I own. It is my property, I paid for it and I can do as I please.
 
Legalize marijuana and enact criminal penalties for smoking cigarettes. It makes sense in the liberal mind I guess.
 
The landlord might be happy to allow someone to smoke in the home, but when the occupant moves out and he wants a new tenant, the value of the property may decline die to the smell and smoke stains.
 
Legalize marijuana and enact criminal penalties for smoking cigarettes. It makes sense in the liberal mind I guess.
For sane folks, it makes absolutely no sense. Seeing that tobacco is still legal, how will they ever enforce this law? Will they prosecute me for smoking a cigarette in my own home which I paid for? This law is doomed to fail.
 
[OnyQUOTE=Jughead;8205285]
Legalize marijuana and enact criminal penalties for smoking cigarettes. It makes sense in the liberal mind I guess.
For sane folks, it makes absolutely no sense. Seeing that tobacco is still legal, how will they ever enforce this law? Will they prosecute me for smoking a cigarette in my own home which I paid for? This law is doomed to fail.[/QUOTE]

The places you own but share walls are condos with an HOA. The neighbor will complain to the HOA who will institute whatever legal proceedings that are allowed. HOAs have taken the condos of people who put flags in their windows.

I seem to recall a case where a nutty neighbor sued because someone was smoking on their balcony and the smoke drifted up.

If it were me, I would get the strongest and stinkiest incense I could find and burn that. Maybe 4 or 5 sticks at a time. Complain about cigarettes? I'll gag you with stinky incense.
 
It's already a law in SF that smoking is not allowed in rental units. You can only smoke in your house if you own it.


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The places you own but share walls are condos with an HOA. The neighbor will complain to the HOA who will institute whatever legal proceedings that are allowed. HOAs have taken the condos of people who put flags in their windows.

I seem to recall a case where a nutty neighbor sued because someone was smoking on their balcony and the smoke drifted up.

If it were me, I would get the strongest and stinkiest incense I could find and burn that. Maybe 4 or 5 sticks at a time. Complain about cigarettes? I'll gag you with stinky incense.

that's not stinky enough for these HOA authoritarians.... I'd (chemically) burn sulfur....

Then sit back and watch the neighborhood enjoy the smell of rotten eggs....while smoking a cigar.
 
The places you own but share walls are condos with an HOA. The neighbor will complain to the HOA who will institute whatever legal proceedings that are allowed. HOAs have taken the condos of people who put flags in their windows.

I seem to recall a case where a nutty neighbor sued because someone was smoking on their balcony and the smoke drifted up.

If it were me, I would get the strongest and stinkiest incense I could find and burn that. Maybe 4 or 5 sticks at a time. Complain about cigarettes? I'll gag you with stinky incense.

that's not stinky enough for these HOA authoritarians.... I'd (chemically) burn sulfur....

Then sit back and watch the neighborhood enjoy the smell of rotten eggs....while smoking a cigar.

Ooooooohhhhh good one!

I don't smoke but I'd burn sulphur just to piss off the neighbor who complained.
 
I suspect this will be contested in court soon. It's one thing to ban smoking in rental units as the landlord can set whatever rules he wants (like not pets, no loud music ...). However it's a completely different matter when someone tells me that I cannot smoke in my own home, a home which I own. It is my property, I paid for it and I can do as I please.


So you think it should be legal to build a meth lab in your home.? Or make bombs in your home?
 
Legalize marijuana and enact criminal penalties for smoking cigarettes. It makes sense in the liberal mind I guess.
For sane folks, it makes absolutely no sense. Seeing that tobacco is still legal, how will they ever enforce this law? Will they prosecute me for smoking a cigarette in my own home which I paid for? This law is doomed to fail.

The places you own but share walls are condos with an HOA. The neighbor will complain to the HOA who will institute whatever legal proceedings that are allowed. HOAs have taken the condos of people who put flags in their windows.

I seem to recall a case where a nutty neighbor sued because someone was smoking on their balcony and the smoke drifted up.

If it were me, I would get the strongest and stinkiest incense I could find and burn that. Maybe 4 or 5 sticks at a time. Complain about cigarettes? I'll gag you with stinky incense.
I guess if I owned a semi detached home that is not a part of any Home Owner's Association, I'd be off the hook? I was under the impression that a man's home is his castle, but I guess not anymore. There must be some type of legal recourse home owners can pursue here. They are essentially prevented from engaging in a legal activity in their own homes. I would get a good civil rights lawyer and try to get some form of compensation for having unnecessary restrictions in my own home.
 
I suspect this will be contested in court soon. It's one thing to ban smoking in rental units as the landlord can set whatever rules he wants (like not pets, no loud music ...). However it's a completely different matter when someone tells me that I cannot smoke in my own home, a home which I own. It is my property, I paid for it and I can do as I please.


So you think it should be legal to build a meth lab in your home.? Or make bombs in your home?
Absolutely not. However tobacco is still legal.
 
Oh, just use sheetrock from China to replace any smells of nicotine. That outta fix it. (said snidely).
 
How much second hand smoke could one possible get via floorboards/windows/etc from a completely different apartment? That doesn't make sense.

depend on the materials used. sometimes a lot.
So what is "a lot" in context?

Enough to increase your risk of cancer how much? More than the morning California commute?

a lot.

to increase cancer risk as the second hand smoking does.
there are numerous studies on the second hand smoking.

I have really hard time with this one :)

I absolutely HATE smoking.
But I also absolutely HATE the HOA commie rules.

That is why I live not in a gated community.
 
I suspect this will be contested in court soon. It's one thing to ban smoking in rental units as the landlord can set whatever rules he wants (like not pets, no loud music ...). However it's a completely different matter when someone tells me that I cannot smoke in my own home, a home which I own. It is my property, I paid for it and I can do as I please.


So you think it should be legal to build a meth lab in your home.? Or make bombs in your home?

Meth and bombs are illegal

You knew that, right?
 

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