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Proposed Ordinance May Ban Smoking in Housing Complexes

The proposed ordinance has been reviewed by the City Attorney's Office, and is opposed by two landlord groups.

A City Council committee will receive a proposed ordinance this week to ban smoking in housing complexes if the smoker is asked to stop by another resident, according to documents displayed on the city's website.

The proposal comes from the San Diego Smoke-Free Housing Task Force, made up of groups such as Social Advocates for Youth San Diego (SAY), the American Lung Association, Communities Against Substance Abuse, the Environmental Health Association and a tenant advocacy group.

The task force was formed three years ago after SAY San Diego brought a similar proposal to the Public Safety and Neighborhood Services Committee.

The proposed ordinance has been reviewed by the City Attorney's Office, and is opposed by two landlord groups that also are part of the task force, according to a city report.

The draft text of the ordinance state the dangers of tobacco products and proposes to ban smoking in apartments and condos if it “substantially interferes with another person's use, comfort and/or enjoyment of that multifamily property.”

Complaints about violations would need to be made in writing to the landlord, who then would be required to issue as many as three verbal warnings and a written directive to stop smoking before beginning eviction proceedings, according to the proposal.

The law, if passed, would also allow residents and the city attorney to bring civil lawsuits.

The committee is scheduled to consider the item on Wednesday afternoon. 

–City News Service

Manu February 14, 2012 at 12:25 AM
Manu 4:25 pm on Monday, February 13, 2012 Then it might only be a coincidence that when someone goes to the doctor’s office, we are asked if we smoke and a very huge coincidence that more than 400,000 thousands register smokers (at their doctor’s office) die a year from either a stroke, a heart attack, lung cancer, emphysema, diabetes type 2 etc. And about 50,000 (registered non-smokers at doctor office) that lived with smokers die with the same symptoms, diagnoses/prognosis etc... pure coincidence uh? I am assuming that the Surgeon’s General Report and the Center of Disease Control and Prevention are just spending big bucks on research, deviating it so they are telling big lies, making things up and just want to freak people out… most importantly, I am guessing you have never seen someone being bother physically by cigarette smoke, interesting! You have to love people in denial  In the psychological sense, denial is a defense mechanism in which a person, faced with a painful fact, rejects the reality of that fact. They will insist that the fact is not true despite what may be overwhelming and irrefutable evidence. There are three forms of denial. http://www.cdc.gov/tobacco/data_statistics/sgr/2010/clinician_sheet/index.htm http://www.surgeongeneral.gov/library/tobaccosmoke/factsheet.html http://www.theregister.co.uk/2006/09/29/the_odd_body_denial/
Michael J. McFadden February 14, 2012 at 05:28 AM
What a wonderful way to encourage harmony and communication among tenants. Perhaps a designated tenant in each building could be assigned as a monitor? They could then be referred to by an easy to remember name... may I suggest The Stazi? Manu, I haven't checked all of JackE's references fully, but from what I see, you are talking mainly about something completely different than he is. He's not arguing about whether smoking is bad for the SMOKER. He's pointing out the nonsense about worrying about "secondhand smoke" traveling through tiny cracks and seeping out of electrical outlets etc etc. That really IS nonsense, and it's just used because its useful in promoting what they call the "Denormalization" of smoking: pushing smokers to quit by making it increasingly expensive and difficult to smoke. Go to: http://kuneman.smokersclub.com/PASAN/StilettoGenv5h.pdf and read "The Lies Behind The Smoking Bans" that you'll find there. It's quick, easy, and clear, and if you have any specific, substantive criticisms of anything in it, please feel free to share them here. I promise I won't mind and I'll try to stop back to respond. Michael J. McFadden Author of "Dissecting Antismokers' Brains"
Manuel Andrade April 12, 2012 at 01:36 AM
Hi Mike, Thanks for you comment and ideas wow! I remember that Nazis normalized way to kill was using crematoriums and chambers of gas… interesting that both are related to smoking and secondhand smoke. Plain weird! Last year I collected 7 articles in local media, 7 people died at a fires caused by cigarettes in San Diego. About 50,000 people died from secondhand smoke exposure, is this some kind of holocaust? I think it is. http://www.cancer.org/Cancer/CancerCauses/TobaccoCancer/secondhand-smoke May I suggest your next book be called Horror Short Stories -The Stazi I killed with my cigarette - a) Setting the place on fire b) I shocked you to death with a fine line of smoke c) I don’t care if your children die from asthma… great titles for short stories, chucky will be thrill to play the role. I am sure if you look out for people to interview with this problem, you’ll find them. We have about 500,000 rental units in the City of SD. It really does not matter what you and I think about it or how sarcastic and mordant we can get… We happily live without this problem, but many do not; there is a problem and the dialogue must keep open to find a solution with respect and dignity. I hope you don’t try to hard to stop responding Remember, there is always a solution to any problem but death.
Manuel Andrade April 12, 2012 at 01:46 AM
Jack is saying that Scientific Evidence Shows Secondhand Smoke Is No Danger. I really believe that you need no scientific evidence to understand and see how harmful is secondhand smoke. 90% + smokers take their smoke outside for a reason. If the General Surgeon and the EPA reports are wrong about secondhand smoke then what a waist of money and time, oh my poor taxes! I just don’t understand how this is not related. Since prop 99 passed 25 years ago in California, smoking rates dropped from 48% to 14% as of today; Prevention, Policy and Smoking Cessation works! Restaurants/bar industry were afraid of loosing business because of the smoking ban, is not the case and it will be exactly the same with the housing industry. Yes! the way people stop from smoking is by Denormalizing the smoking habit, we ask families to encourage their love ones to stop smoking or to smoke outside; we go to schools and talk about dangers of secondhand smoke, we also do clean ups (collected 130,000 cigarette butts at local parks). Now, what is the smoker right to pollute our Cities/Planet? Education and prevention is a key ingredient for kid and I am positive that a good 95% of those 250 kids will not smoke,Yes! By having rules and shrinking smokers smoking areas will help them to quit too. What is wrong with that? and if you want to smoke it is just fine! Just smoke far away, No problem, I’ll walk with you.
Manuel Andrade April 12, 2012 at 02:14 AM
As a tobacco control advocate I help people with this secondhand smoke drifting problem and fires caused by cigarettes; they are plain miserable; I have witness personally (my house/casino overnights) and with several tenants in many occasions how smoke comes from under the sink, from electric outlets, from vents and heaters. The last blatant case, a 91 year old woman was on oxygen. She was placed among 3 chain smokers that smoke all day inside their apartment with their doors open. she died from lung failure. At the moment, I am helping two seniors, one with 40% of lung functioning due to her mother smoking habit during pregnancy and exposure all throughout her childhood/youth; basically, she cannot breathe. I did a home visit and saw the two holes right under the sink where the smoke drifts. The other tenant is going through cancer treatment and he is on a waiting list for a liver transplant. Tell me one reason why these two individuals should be exposed to cigarette smoke? As ridiculous as this sound, this is a big problem, but in my humble point of view, this is an easy problem to solve. Smokers are defensive and often times violent… the majority of landlords and property managers they only want to see their money and they do not care for tenants. Since social change is'nt working, I hope policy will work, I know tenants will do the enforcement by using this tool to protect and defend their faimilies and themselves. Fair is fair.

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