COUNTY OF SAN MATEO

Inter-Departmental Correspondence

Board of Supervisors

DATE:

April 5, 2006

BOARD MEETING DATE:

April 18, 2006

SPECIAL NOTICE/HEARING:

No

VOTE REQUIRED:

Majority

TO:

Honorable Board of Supervisors

FROM:

Supervisor Rose Jacobs Gibson

Supervisor Jerry Hill

SUBJECT:

Prohibiting Smoking Within 30 Feet Of County Buildings and In Common Areas Of Multi-Unit Residences.

RECOMMENDATION:

ADOPT AN ORDINANCE AMENDING TITLE 4, CHAPTER 4.46 SECTIONS 4.96.030, 4.96.040, 4.96.150 and 4.96.170 OF THE SAN MATEO COUNTY ORDINANCE CODE REGULATING SMOKING IN CERTAIN AREAS.

AN ORDINANCE AMENDING TITLE 4, CHAPTER 4.46 SECTION, 4.96.040 and SECTION 4.96.150 OF THE SAN MATEO COUNTY ORDINANCE CODE REGULATING SMOKING IN CERTAIN AREAS

VISION ALIGNMENT:

Commitment: Ensure Basic Health and Safety For All

Goal(s): Maintain and enhance the public safety of all residents and visitors

BACKGROUND:

Currently, the County’s ordinance prohibits smoking within 30 feet of any main entrance to a county owned building. Last year, the Board adopted a policy prohibiting smoking within 30 feet of certain county owned buildings that are subject to “Leadership In Energy And Environmental Design” (LEED) requirements, namely, the Crime Lab and the Office of the Coroner and the future Youth Services Center.

Last year, the Board heard a presentation by the Youth Adult Secondhand Smoking Project regarding secondhand smoke and its negative effects on children. The Board was asked to consider adopting an ordinance prohibiting smoking in common areas of apartment complexes.

In November we brought two proposed ordinances that separately addressed: (1) smoking outside of County buildings and (2) smoking in common areas of apartment complexes. At the Board’s direction, we then solicited comments from the Employee and Public Services Department, employee organizations and the Public Works Department in regards to the prohibiting smoking outside of county buildings. We also met with representatives from the Tri-County Apartment Association in regards to the proposed ordinance prohibiting smoking in the common areas of apartment buildings. The ordinances presented for your consideration have addressed the concerns raised during that comment process.

DISCUSSION:

No Smoking Within Thirty Feet From County Buildings.

This proposed ordinance would amend the existing ordinance to prohibit smoking within 30 feet from the entire perimeter of all county buildings up to the edge of County property. Areas that are less than thirty (30) feet from the enclosed structure but lie within a public roadway are excepted.

No Smoking In Common Areas Of Multi-Unit Residences.

While State law already prohibits smoking in enclosed common areas of apartment or condominium buildings or complexes such as halls, stairwells, recreation rooms, lobbies and laundry rooms, state law does not prohibit smoking in outdoor common areas such as patios or swimming pools. This proposed ordinance would prohibit smoking in multi-unit residence common areas regardless if they are indoors or outdoors. It further provides that any landlord who has properly posted no smoking signs will be deemed to be in compliance with this ordinance. This ordinance would be applicable to only those multi-unit residences that are located in the unincorporated area of the county. There are approximately a dozen of these residences.

FISCAL IMPACT:

None