Pasadena No Smoking Ordinance Effective January 1.

Pasadena No Smoking Ordinance Effective January 1.

The City of Pasadena passed a no smoking law this year for mulit-family homes (2 or more units).

Here’s the information from the Pasadena-Foothills Association of Realtors:

Starting January 1, 2013, it will be unlawful to smoke in any common area, patio, balcony, or inside a unit within any multi-family building (defined as two or more units.)

Effective January 1, 2012, property owners/managers must post No Smoking signs in the common areas of their building.

Also, effective January 1, 2012, all leases/rental agreements AND purchase agreements must contain a reference to the prohibition AND a copy of the ordinance.

What does this mean for you if you are a smoker? If you live in a condo, townhome or apartment complex in Pasadena, you cannot smoke in any common areas (for example, halls, meeting rooms or around the pool) on your balcony or patio, or within your condo, townhome or apartment.

If you are a Pasadena landlord, as of January 1, 2013, all leases and rental agreements must contain information about this no smoking law and you must include a copy of the ordinance.

If you are selling a home or are a real estate agent involved in a real estate sale in Pasadena you must include a reference to the no smoking ordinance in the purchase agreement as well as a copy of the ordinance.

Here’s a release from Laura Olhasso, Pasadena Government Affairs Director. 626.795.2455

Pasadena City Council Passes Ordinance Banning Smoking in Multi-Family Buildings
Earlier this week (July 11, 2011), the Pasadena City Council passed an ordinance which will ban smoking in all multi-family building (defined as two units or more). Smoking will be banned in all common areas and within the unit themselves, including balconies or patios.
The ban goes into effect immediately for apartment units which are newly constructed or which are being leased or rented for the first time.
It will be unlawful to smoke in ALL multi-family units (including condos and townhomes as well as apartments) effective Jan 1. 2013.
Property owners, managers, homeowners associations, etc. will be required to post signs noting the no smoking law but are not responsible for its enforcement. Enforcement of the ordinance will be through the city’s health department.
All lease agreements entered into after Jan. 1, 2012 will incorporate ordinance disclosure information. All purchase agreements after Jan 1. 2012 are to include a reference to the ordinance and a copy of it. PFAR will be working with city staff to develop disclosure forms and information.
Questions: Laura Olhasso, Government Affairs Director. 626.795.2455

And here’s a copy the the no smoking ordinance:

8.78.080 – Posting of signs.

A.  Every owner, operator, manager, or other persons having control of a structure where smoking is prohibited under this chapter shall conspicuously post in such buildings “No Smoking” signs with capital letters not less than one-inch in height on a contrasting background. The international “No Smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) may be used in lieu of the written “No Smoking” sign, or a sign approved by the city’s health officer.

B.  The “No Smoking” postings may be limited to first floor entrances and exits, lobbies, restrooms, and elevators.

(Ord. 6548 § 2 (part), 1993)

8.78.085 – Reduction of drifting tobacco smoke in multi-unit housing.

A.  The following words and phrases, whenever used in this section, shall have the following meanings:

1. “Common area” means every interior or exterior space of multi-unit housing that residents of more than one unit are entitled to enter or use, including, without limitation, halls and paths, lobbies and courtyards, elevators and stairs, community rooms and playgrounds, gym facilities and swimming pools, parking garages and parking lots, shared restrooms, shared laundry rooms, shared cooking areas, and shared eating areas.2. “Multi-unit housing” means residential property containing two or more dwelling units but does not include a hotel or motel that meets the requirements set forth in California Civil Code Section 1940(b)(2) or a mobile home park.3.  “New unit” means, for new construction, a unit that is issued a certificate of occupancy on and after July 1, 2011, or, for buildings already constructed, a unit that is leased or rented for residential use for the first time on and after July 1, 2011.

   4.  “Nonsmoking area” means any unit or common area of multi-unit housing in which smoking is prohibited by this section.

   5.  “Unit” means a personal dwelling space, even where lacking cooking facilities or private plumbing facilities, and includes any associated exclusive-use enclosed area or unenclosed area, such as, without limitation, a private balcony, porch, deck or patio. “Unit” includes without limitation: an apartment; a condominium; a townhouse; a room in a long-term health care facility, assisted living facility, or hospital; a room in a single room occupancy facility; and a room in a homeless shelter.

B.  Nonsmoking Areas in Multi-Unit Housing.

1. It is unlawful to smoke in all common areas of multi-unit housing.
2. It is unlawful to smoke in all new units of multi-unit housing.
3. It is unlawful to smoke in all multi-unit housing units on and after January 1, 2013.

C.  Disclosure of the Requirements of this Section.

1. Every lease or other rental agreement for the occupancy of a multi-unit housing unit entered into, renewed or continued month-to-month on and after January 1, 2012 shall contain a reference to this section and attach a copy of this section.
2. Every purchase agreement for the sale of a multi-unit housing unit entered into on or after January 1, 2012 shall contain a reference to this section and attach a copy of this section.

D.  Violations and Enforcement.

1. It is unlawful for any person to violate the provisions of this section.
2. Notwithstanding Section 8.78.110 or any other provision of this code, a violation of this section shall be punishable under the administrative citation procedures set forth in Chapters 1.25 and 1.26. The fine imposed for a particular violation shall be in the amount set forth in the administrative citation schedule established by resolution of the city council pursuant to Section 1.26.060.
3. The provisions of this section shall be enforced by the health officer of the city or an authorized designee in the environmental health division. An owner, operator, manager, landlord, homeowners’ association, or other person having control of a multi-unit housing unit shall post signs as required by Section 8.78.080; however, said persons may, but are not hereby required, to assist with enforcing the provisions of this section and shall not be deemed in violation of this section by failure to assist its enforcement.

Please note, the information contained in this post is for informational purposes and is not intended as legal advice. You should consult with an attorney or licensed real estate professional before acting on any information contained in this post.

If you are selling or listing a Pasadena home and need help getting rid of smoking odors read Home Stagers Tips: How To Remove Smoking Odors From Your Home

Photo credit: Nirbhao on Flickr