Santa Clara gives final approval to smoking ban (inside apartments, outdoor eating areas, condos,)

[The Straight Story]

Santa Clara gives final approval to smoking ban


SAN JOSE, Calif.—Santa Clara County has approved among the San Francisco Bay area's most sweeping smoking bans.

County supervisors on Tuesday gave final approval to laws that would ban smoking inside apartments, condominiums and townhouses and in outdoor eating areas of restaurants.

The ban would also apply to common areas of multiunit residences, hotels and motels and within 30 feet of any outdoor service area, such as a ticket line. The new rules would only affect unincorporated parts of the county.

The San Jose Mercury News reports that the ban on smoking in apartments, condos and townhouses will take effect in 14 months. The other rules go into effect in 30 days.

http://www.mercurynews.com/breaking-news/ci_16574014?nclick_check=1

[Occulus]

1. Hmmm.

I distinctly recall being told here on DU by antismoking activists that they would never try to tell anyone that they couldn't light up inside their homes.

They'll justify this, of course, by saying that one's apartment is not one's home.

The lies don't help the cause, people. Really.

[Le Taz Hot]

4. I can actually understand the ban

in apartments/condos. So many of them share duct system and the cigarette smoke is not confined to the smokers' units. The smoking ban on outdoor restaurant areas has me baffled. To my understanding, the reason restaurants opened outdoor areas were specifically to accommodate smokers.

[rocktivity]

13. Unequal protection under the law

and thus unconstitutional.

Only homeowners can smoke? The county would be better off declaring nicotine to be an illegal drug.

:crazy:
rocktivity

[SoCalNative]

15. Not true

Condo owners are homeowners, and they will not be permitted to smoke in their dwellings.

[Hassin Bin Sober]

2. Great news!!!

I could only imagine what it would be like to live above or next to some chain-smoking pig.

[HereSince1628]

8. Don't SF animal protection codes prohibit smoking pigs

I know people sometimes keep them as pets, but allowing one to get addicted to nicotine would be animal cruelty.

I lived in an apartment complex in Bemidji MN and had a smoker in an apartment that shared the same bathroom ducting. The neighbor apparently smoked in the bathroom to control the oder...which unfortunately entered my bathroom unless I left the light and thereby the fan on 24/7.

[Dyler Turden]

9. Wow. Issues much?

I smoke and take offense at your terminology. Sure, I'm a social pariah to many but a "chain smoking pig?"

I guess many have to have a group to hate so they can feel better about themselves.

[LynneSin]

14. As someone who once had a heavy smoker as a neighbor and it was annoying...

I think 'pig' is not a good term to use.

[Hassin Bin Sober]

17. I guess I should have been a little more specific.

Being a heavy smoker doesn't necessarily make a person a pig.

Chain-smoking in your apartment/condo? Where you stink up your own place AND your neighbors? That makes one a slob, an inconsiderate pig, whatever.

[Kalyke]

18. It's great news to tell people what they can do in their own home?

I'm appalled, personally.

[Hassin Bin Sober]

20. I guess you can't grasp the concept of condominium or apartment living.

[Nuclear Unicorn]

3. If the subject was alcohol instead of tobacco history wouldn't be repeating itself

it would be screaming at us.

[superduperfarleft]

5. Well that's a bit much. n/t

[OffWithTheirHeads]

6. They can blow me. I'm outta here.

Moving to Tucson in Dec. Enough nanny state.

[kctim]

7. Just what the Party needs

:eyes:

[MadHound]

10. Glad I don't live there,

I have no problems with smoking bans inside public buildings. But when somebody says I can't smoke inside my own home, sorry, that's going too far.

[Hassin Bin Sober]

12. But what if you share walls, floors and/or a ventilation system with other people?

I live in a 100 year old building with little or no insulation between floors. If the occasional chain-smoker who lives below me decided she wants to start smoking inside we would have a BIG problem. She mostly smokes out on the back deck - it kinda sucks when I'm trying to enjoy my portion of the deck above her but it's something I can live with ... as long as she keeps it outside.

Fortunately for me, my neighbor is a neat freak who wouldn't want to stink up her possessions with smoke. Although she and her friends DID take to smoking inside over halloween weekend. I pretty much knew it the minute they lit up - I was laying in bed at 3am and could smell it. The next morning I walked passed her unit and saw the top portion of her back window cracked open. At least she was trying to blow smoke out the window. Again, something I can live with occasionally - they were up late, it was cold, they were drunk etc. etc.... not a big deal.

But if she took to smoking inside on a regular basis it would be an issue that would have to be addressed. Just like other issues we deal with in a condominium. Sometimes condo living can suck. For instance, I like to listen to loud music but I can't - not at least after hours or when people are sleeping. In fact, I try to listen to it when my neighbor is not home. I wouldn't be able to enjoy my music if I knew it was adversely affecting my neighbor below me - that's what I don't get with some of the more "libertarian" smokers here on DU. They claim to be liberals or progressives but when it comes to their nasty habit they adopt a republican fuck-you attitude. Addiction does strange things I guess.

[Kalyke]

19. How about having smoking and non-smoking complexes, then?

Let the smokers or those who don't give a frig what someone else is doing in their own apartment live in one complex and all the non-smokers and busybodies can live in the non-smoking complex.

[NNN0LHI]

21. And when grandpa comes over to visit with his big fat cigar ...

... and no one has the heart to tell him to snuff it or he just refuses what then?

I am a smoker who hasn't smoked in my own house for ten years.

There is a reason for that. I hate secondhand smoke.

Don

[Hassin Bin Sober]

23. That sounds like wonderful idea. You should do it.

Put up a couple million of your own money and build special interest condos.

Maybe you can expand on your "freedom" kick and market your idea to people who would want to blast loud stereo music at all hours of the night (like me). Or people who would like to keep live-stock animals in the city. Or people who like to River-Dance at 3am. Or people who like to practice their rock bands at 3am.

Or is it only smoking that deserves special protection from "busy bodies"?

[The2ndWheel]

25. Should loud music be banned too?

Sure, you do what you can in lowering the volume, but why should you have the opportunity to lower the volume yourself?

Like you said, you deal with the issues that come up. You either accept it, or talk to the person if you know who it is that's doing it.

[Hassin Bin Sober]

28. Loud music is banned - in condo rules, apartment rules AND city ordinances.

To the extent it affects your neighbors.

Loud music is easier to deal with in my opinion. I just flip on the fan in my air-conditioning unit - regardless of the temperature. It drowns out all noises.

I don't know how I could mitigate a neighbor's chain-smoking in the unit below me. Fortunately for me, my neighbors are considerate my space as well as their space and possessions. Otherwis it would have to be addressed at the condo meetings.

[Upton]

11. Sounds fair..

nobody wants the exhaled carcinogens of others in the air around them. Outside of nicotine addicts that is.

[JackRiddler]

16. People suck on exhaled carcinogens from their cars all day long. They want it bad.

[WolverineDG]

22. I don't smoke, but I think banning smoking in your own residence is over the line

and as for smoking outdoors, what's wrong with requiring smokers to be beyond a certain distance from the doorways so you don't gag upon entering or exiting?

dg

[Luciferous]

24. Okay, I can understand public areas, but

this is going a little far!

[SammyWinstonJack]

26. How this be enforced? Neighbors ratting out neighbors?

:puke:

[Hassin Bin Sober]

27. I suppose it would enforced the way any other ordinance is enforced.

Do you consider calling the police for a 3am loud stereo "ratting out your neighbors"?

[SammyWinstonJack]

29. Yes I do, as a matter of fact.

What's wrong with asking them to turn down the music first?

Neighbor called the police on me at 10am for what they considered loud music. I didn't appreciate that, thought it quite cowardly as a matter of fact.

Could have asked me to turn it down and I would have.

Guess the police will be very busy answering complaints from neighbors ratting out their neighbors for smoking. :silly:

[Hassin Bin Sober]

30. I suppose. I would prefer to ask a neighbor to turn down the stereo.

But I also see reasons NOT to ask a neighbor to turn down the stereo.

Some people may not feel like getting out of bed, getting dressed and walking across the alley to deal with a bunch of drunk frat boys. That's been the situation with the girl who lives below me when she has called the police on the people across the alley. If you have speakers on your back porch at 3am blasting music, you have pretty much tossed any benefit of the doubt you are an asshole who deserves a police drive-by.