ORDINANCE NO._______________
BOARD OF SUPERVISORS, COUNTY OF SAN MATEO,
STATE OF CALIFORNIA
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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
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WHEREAS, the Board of Supervisors of San Mateo County hereby finds and declares as follows: tobacco use and exposure to secondhand smoke cause death and disease and impose great social and economic costs, as evidenced by the following:
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(1) More than 440,000 people die in the United States from tobacco-related diseases every year, making it the nation’s leading cause of preventable death.
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(2) The World Health Organization (WHO) estimates that by 2030, tobacco will account for 10 million deaths per year, making it the greatest cause of death worldwide.
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(3) The United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health and has classified secondhand smoke as a group A carcinogen, the most dangerous class of carcinogen.
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(4) Secondhand smoke is responsible for an estimated 38,000 deaths among non-smokers each year in the United States, which includes 3,000 lung cancer deaths and 35,000 deaths due to heart disease.
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(5) Secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke.
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(6) Secondhand smoke exposure causes as many as 300,000 children in the United States under the age of 18 months to suffer lower respiratory tract infections, such as pneumonia and bronchitis, exacerbates childhood asthma, and increases the risk of acute, chronic, middle-ear infections in children.
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(7) The total cost of smoking in California was estimated as $475 per resident or $3,331 per smoker per year, for a total of nearly $15.8 billion in smoking-related costs in 1999 alone.
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WHEREAS, this Board further finds that most Californians do not smoke and a majority favor limitations on smoking in multi-unit residences, as evidenced by the following:
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(1) 84% of Californians are non-smokers.
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(2) 70% of Californians surveyed approve of apartment complexes requiring at least half of rental units be non-smoking.
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(3) 67% of Californians surveyed favor limiting smoking in outdoor common areas of apartment buildings.
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WHEREFORE, the Board of Supervisors of the County of San Mateo, State of California, ORDAINS as follows:
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SECTION 1. Section 4.96.030 of Chapter 4.96, Title 4 of the San Mateo County Ordinance Code is amended to read as follows:
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For the purpose of this ordinance, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings given to them in this section.
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(a) “Enclosed” shall mean closed in by a roof and four (4) walls with appropriate openings for ingress and egress. For purposes of this ordinance, a County of San Mateo owned multilayer parking structure shall be considered an enclosed structure.
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(b) “Public place” shall mean any enclosed area to which the public is invited or in which the public is permitted. A private residence is not a public place.
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(c) “Smoking” shall mean inhaling, exhaling, burning or carrying any lighted cigar, pipe, cigarette, tobacco product, or plant.
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(d) “Landlord” means any person who owns real property leased as residential property, any person who lets residential property, or any person who manages such property, except that Landlord does not include sublessors.
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(e) “Multi-unit residence” a building that contains four (4 ) or more units and four (4) or more of the units are unoccupied by the landlord of the building.
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(f) “Multi-unit residence common area” means any indoor or outdoor area of a multi-unit residence accessible to and usable by residents of different units, including but not limited to halls, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, and swimming pools.
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(g) “Unit” means: (1) a dwelling space consisting of essentially complete independent living facilities for one or more persons, including, for example, permanent provisions for living and sleeping,(2) senior citizen housing and single room occupancy hotels, as defined in California Health and Safety Code section 50519(b)(1), even where lacking private cooking facilities or private plumbing facilities. “Unit” does not include lodging in a hotel or motel that meets the requirements set forth in California Civil Code section 1940(b)(2).
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(h) “Self service display” shall mean an open display of tobacco products that the public has access to without the intervention or assistance of an employee.
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(i) “Tobacco product” shall mean any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or the means of ingestion.
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(j) “Vendor assisted” shall mean that only a store employee has access to the tobacco product and assists the customer by supplying the product.”
(k) “Roadway” means that portion of the public right-of-way designed and ordinarily used for motor vehicle travel. “Roadway “ does not include sidewalks, curbs, driveways, medians, or other areas adjacent to public streets.
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SECTION 2. Subdivision (c) of Section 4.96. 040 of Chapter 4.96, Title 4 of the San Mateo County Ordinance Code is hereby added and shall read as follows:
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SECTION 3. Section 4.96.150 of Chapter 4.96, Title 4 of the San Mateo County Ordinance Code is amended to read as follows:
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Any person may initiate enforcement of this ordinance by notifying the County Public Health Director or his/her designee of any violation.
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SECTION 4. Section 4.96.170 of Chapter 4.96, Title 4 of the San Mateo County Ordinance Code is amended to read as follows:
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It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to the restrictions of this ordinance to fail to comply with its provisions. Any landlord who has properly posted signs in accordance with this Chapter will be deemed to be in compliance with this ordinance.
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SECTION 5. This Ordinance shall be effective thirty (30) days from the passage date thereof.
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