tabber2Overview The City of Alameda is one of a growing number of cities that is responding to community concerns about the public health effects of secondhand smoke. On November 15, 2011, the Alameda City Council unanimously passed a comprehensive ordinance that prohibits smoking in places of employment, outdoor public places, and in mulit-unit housing. The law, which took effect on January 2, 2012, strives to protect residents and visitors from the 7,000 toxins contained in secondhand smoke. Details Revise Label - Outdoors Beginning on January 2, 2012, smoking is prohibited in the following outdoor public places:Commercial-area sidewalks: defined as public sidewalks in downtown shopping and business areas designated with a “C” prefix on the City’s official Zoning MapDining areas: defined as outdoor seating at restaurants, bars, coffee houses, etc. The rear patio areas of bars and taverns, awaiting further study.Public events: defined as farmers’ markets, fairs, concerts, etc.Recreation areas: defined as parks, trails, sports fields, beaches, etc.Service areas: defined as bus stops, ticket lines, ATM lines, taxi stands, etc.Shopping malls: defined as public walkway or hall areas that connect retail or professional establishmentsEntryways (reasonable distance): defined as within 20 feet of doors, windows, and other openings into enclosed areas, not otherwise prohibited by law.Business owner/manager/operator responsibilities:Clearly and conspicuously post "No Smoking" signs within or adjacent to unenclosed dining areas.Remove all ashtrays or other receptacles for disposing of smoking material from any area where smoking is prohibited.Not knowingly allow smoking in smoking prohibited areas. Maps Revise Label - Housing Smoking is prohibited In all multi-unit housing (defined as two or more units, including condominiums, planned developments, and stock cooperatives) as follows: Effective January 2, 2012:Smoking is prohibited in all common areas, except for designated smoking areas meeting the requirements of AMC 24-12.5(b).Smoking is prohibited inside existing units that are newly leased.Smoking is prohibited in all newly built units.Effective January 1, 2013:Smoking is prohibited inside the units of all multi-unit housing, including exclusive use balconies, porches, and decks.Note:There is no smoking within 20 feet from any doorway, window, opening, or vent into an enclosed area in which smoking is prohibited, except while activiely passing on the way to another destination (AMC 24-12.4) Landlord/homeowners’ association responsibilities:Clearly and conspicuously post "No Smoking" signs in common areas, at entrance, and on floors where smoking is prohibited.Remove ashtrays or other receptacles for disposing of smoking material from any area where smoking is prohibited.Not knowingly allow smoking in prohibited areas.Disclose to prospective tenants and buyers the requirements of the Secondhand Smoke Ordinance. The Smoking Ordinance Disclosure meets this requirement.Maintain a diagram that illustrates designated outdoor smoking areas, if applicable.Required lease terms:Beginning January 13, 2013, every lease or other agreement for the occupancy of a unit in a multi-unit rental complex shall include the following:A clause stating that smoking is prohibited in the non-smoking unit.A clause stating that it’s a material breach of the lease to violate any law regulating smoking while on the premises.The above-noted diagram. Schedule Revise Label - Enforcement Violations of the ordinance are punishable as infractions, and subject to fines ranging from $100 to $500. The Alameda Police Department, the Fire Marshall, and Code Enforcement are primarily responsible for enforcing the ordinance. Private parties may bring civil action to seek damages and enforce the housing portion of the ordinance (AMC 24-12.8). Town Hall Revise Label - Resources
