San Rafael council moves to ban vaping in duplexes and multifamily residences, allows small-claims injunctions

The San Rafael City Council on Nov. 3 voted to introduce and refer by title an amendment to the city's clean indoor and outdoor air ordinance that would close a vaping exception in duplexes and multiunit residences and expand small-claims remedies.

Deputy City Attorney Katharine Kastemeyer explained the amendment would do two things: extend the existing smoking prohibition in duplexes and multiunit housing to "all methods," including vaping, and make injunctive relief available through small-claims court, aligning the kinds of relief available across informal enforcement venues. "So what this would do is prohibit smoking through all methods in duplexes and multiunit residences," Kastemeyer said. She described small-claims court as a simplified, accessible forum and said the injunctive relief could require a neighbor to "stop exposing them to secondhand smoke." The city attorney added that small-claims decisions are for self-represented parties, with appeals allowing lawyers to become involved at later stages.

Council members asked clarifying questions about whether the amendment would reach single-family homes with shared fences; staff said that is not covered by this amendment and could be considered separately if the council wished. No public commenters addressed this item at the meeting.

Councilmember Bushey moved to introduce the ordinance, and the motion carried on a 5-0 roll-call vote. The deputy city clerk read the ordinance title: an amendment to Chapter 9.04 of the San Rafael Municipal Code to prohibit all smoking in duplexes and multifamily residences and to allow small-claims courts to grant injunctive relief. The item was introduced and will return for future hearings and possible final adoption per the council's ordinance process.