NBC 7’s Omari Fleming takes a look at why and when the restriction could happen.
A city in North County is moving closer to new restrictions on smoking. Some residents may soon not be allowed to smoke in multi-unit homes in Carlsbad.
After waxing up his ride, former smoker and Carlsbad resident Phil Mouvet waxed on about the dangers of secondhand smoke.
"The idea is to keep your neighbors from getting secondhand smoke. They might have infants around or even pets,” Mouvet said.
Despite that understanding, Mouvet says the Carlsbad City Council possibly banning people from smoking in their own apartments or condos is government overreach.
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"It's kind of taking it too far," he said. "If they don't want you to barbecue out on your balcony, and I understand that because you'll light the place on fire."
Councilmembers debated the issue during Tuesday night’s meeting. Their concern: the health effects of secondhand smoke and whether the city of Carlsbad should be involved.
"It feels like an overreach of the city. We shouldn't be property managers or landlords," Councilmember Melanie Burkholder said. "Landlords and property managers can make their own determination within the confines of a lease, and I don’t think the city should be involved, so I can't support this."
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Though Carlsbad Mayor Keith Blackburn says he owns apartments and wrestles with whether this is overreach, he was among the councilmembers who voted 4-1 in favor of introducing an ordinance for smoke-free housing.
"We have to watch out for best interest or majority of public. That's why we have rules about all other things like smoking in restaurants," Blackburn said.
The proposed ordinance would make Carlsbad the first city in San Diego County to ban all-types of smoking and vaping of tobacco and cannabis products inside and outside multi-unit residences. It would also include rental and for-sale housing developments like condos and townhouses with three or more units.
"It's important to make sure our kids aren't affected by this. Second and thirdhand smoke are detrimental to the health of kids, and our job is to protect the public health of our community," Councilmember Priya Bhat-Patel said.
The staff report shows multi-unit housing secondhand smoke can travel through walls, ceilings and ventilation systems. According to the American Cancer Society, it contains more than 7,000 chemicals — hundreds of which are toxic and about 70 that can cause cancer.
"I'm taking care of my health, and I think people must consider everybody,” Carlsbad resident Aurora Gurrolar said.
Gurrolar is hoping the city will vote to add Carlsbad to the more than 80 cities and counties in California that have already enacted some sort of smoke-free housing law.
If approved, the ban would take effect in January 2025. It would be mostly up to property owners to enforce it.
Hotels, single-family homes with granny flats and mobile-home parks would be exempted from the ban.
