City filters out smoking in most homes
By: Katie Worth
Examiner Staff Writer
January 8, 2009
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| Burned out: Belmont’s final phase of a smoking ordinance adds apartments and condos to a ban on lighting up in most public places, including outside any business. (Getty Images File Photo) |
BELMONT — Smoking in apartments and condos will be snuffed out Friday, and city officials — and landlords — are bracing for trouble.
The ban in homes is the most controversial piece of a law that was passed in 2007.
The initial phase of the ordinance, implemented in November 2007, outlawed smoking in public places such as parks, sports fields, shopping areas or outside any business.
The ordinance was approved by the City Council in 2007, and garnered accolades for the 25,000-population Peninsula town from anti-smoking groups and criticisms from privacy and smokers’ rights groups.
Though it drummed up a lot of press, city officials have yet to receive any complaints from citizens about violations of that phase of the ordinance, said Carlos DeMelo, Belmont community development director.
The second ban outlaws smoking in housing units of multiunit, multistory residences that share common floors or ceilings with another unit. It was postponed for implementation until Jan. 9 of this year — and it may not be as trouble-free as the initial phase.
Already, the city has received several calls from residents interested in learning their rights and wondering when they can start complaining about neighbors violating the rules, DeMelo said.
City Manager Jack Crist said the city has made extensive outreach efforts to apartment managers and owners to educate them about the new ordinance.
The ordinance came about when residents in the senior complex Bonnie Brae Terrace began complaining to City Council members about secondhand smoke from other apartments seeping into their units.
Sarah Lambert, executive director of the 164-unit complex’s management company, said the facility had already implemented a no-smoking rule after a cigarette started a fire in a room in 2003, but had grandfathered in the remaining smokers; only about eight smokers remain, she said.
“The ordinance has just speeded up the process of becoming a totally no-smoking facility,” Lambert said.
Pam Arellano, manager of the 35-unit Carlmont Comstock Apartments in Belmont, said she put the rule into place two months ago. She said the complex has about 10 smokers, who are now required to walk out to the street to light up.
She said she’s received some complaints from nonsmokers that the smokers have continued to light up in their rooms.
“We’ve basically said they’ll be evicted if they’re on the property smoking,” she said. “I know a couple of people are still smoking in their apartments, but I’ve got to catch them.”
She said she hopes it doesn’t come down to actually evicting a tenant, but she would if she had to.
“Absolutely,” she said. “Secondhand smoke kills.”
Guide to smoking
Where smoking is snuffed in Belmont and where you can puff:
Banned
- Multilevel, multiunit housing complexes, effective Friday
- Places of employment
- Public places
- Within 20 feet of a public entrance or exit
- Outdoor shopping areas
- Areas where services are provided, such as ATMs or bus stops
Allowed
- Detached single-family homes
- Cars
- Streets and sidewalks not used as workplaces
- Up to 10 percent of hotel/motel guest rooms
- Apartments that do not share a floor or ceiling with another unit
Source: City of Belmont
