San Anselmo, Calif. Could Ban Smoking on Residential Patios

A smoking ban could be coming to the patios and backyards of apartments and other multi-unit residential buildings in San Anselmo, Calif., as the town council unanimously passed the ordinance on its first reading on Nov. 25 with a second reading coming as early as Monday, Dec. 9.

The ordinance, which can be found here, would amend the town code with the added provisions that would go into effect in early 2016. Should the bill pass on its second reading, it would go into effect in 30 days but also has a one year window that is designed to give time for public education and to give landlords sufficient time to implement the changes.

The definition of smoke as written in the ordinance goes beyond tobacco products and includes electronic cigarettes and marijuana, including that prescribed for medicinal purposes.

There was one amendment made to the ordinance, striking a phrase that said that there is no Constitutional right to smoke, which can be found on page seven of the document. The discussion about striking it centered around whether or not it was necessary to have it in the ordinance in order to get it passed as opposed to whether or not there is such a right.

While Mayor Tom McInerney originally feared that a similar ordinance brought up several years ago would unfairly target lower-income residents of the town, he said that it was a conversation with a resident who lived next to a heavy cigarette smoker that changed his mind.

A video of the meeting can be found here, with the discussion beginning at the 1:43:22 mark.

San Anselmo is located approximately 20 miles north of San Francisco and has a population of approximately 12,600 people.