Last night, the Berkeley City Council voted unanimously to prohibit smoking in apartments and other multi-family housing developments. The law, which goes into effect in May, would ban smoking inside the apartments and common areas. According to Berkeleyside, this is the third time the measure has been considered by Berkeley’s City Council.
New tenants will be required to sign non-smoking agreements. Once the law goes into effect, if a neighbor reports an occupant for smoking, the city will send the alleged violator a letter. If the offender receives two more complaints from other occupants of the building who live in separate units, the offender can be fined. The city admitted the system could be used by individuals to simply punish neighbors who they do not like, regardless of whether or not they were smoking. It said it would monitor the enforcement and make adjustments if it thought the system was being abused.
The law is very similar to one similarly enacted by San Rafael, Calif., a city located on the other side of the San Francisco Bay.
Berkeley will not prohibit the use of medical cannabis inside residencies for those that have the proper license and paperwork.