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Port Hueneme council directs staff to draft smoke‑free ordinance for multi‑unit housing

Port Hueneme City Council · October 22, 2024
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Summary

After months of research and more than a dozen public comments, the Port Hueneme City Council voted unanimously to direct staff to draft an ordinance that would prohibit smoking in multi‑unit residential properties and empower landlords to enforce the rule, with exemptions and definitions to be set by staff.

The Port Hueneme City Council on Oct. 22 directed staff to draft an ordinance prohibiting smoking in multi‑unit residential properties, following a staff presentation, extended council discussion and a sustained series of public comments.

Councilmembers said the goal is to protect residents from second‑ and third‑hand smoke while creating an enforceable framework that relies primarily on property owners and managers. "If the landlords are actually saying that they would support this, and they're asking us to give them another tool, we're giving them that tool," Deputy City Manager Charles Perritz told the council during the staff presentation.

The staff report summarized research into local examples: Moorpark, Carpinteria and Ojai have ordinances that ban smoking inside private units (including balconies and patios), prohibit cannabis smoking in those settings and generally place enforcement responsibility on landlords. The report said those cities provide liability protections for complying owners and rely on property managers to handle most violations rather than city code‑enforcement teams.

Public commenters—many representing the youth group Future Leaders of America—urged adoption of a city‑wide policy. "I urge the city to adopt this ordinance for benefits of all residents," Arlene Garcia said during the public‑comment period. Several residents cited health concerns for children and seniors, and property‑turnover costs for owners: "Units that have gone through heavy smoking can cost up to $3,000 more to clear and refurbish," community member Abraham Hernandez said.

Council discussion focused on scope and enforceability. Councilmember Hernandez and others asked whether owner‑occupied townhomes or single‑family dwellings would be covered; staff replied that most comparable ordinances exclude single‑family homes and that the council can specify the definition of "multi‑unit residence." Perritz said the draft would likely follow Ojai’s definition—residential properties with two or more units, including apartments, condos, senior housing, group homes and mobile home parks—but the council can refine that language when the ordinance returns.

Several councilmembers expressed concern about unintended effects on local cannabis businesses and sought clarification on ventilation exemptions. Councilmember Gama emphasized covering situations in which smoke travels through shared walls and common ventilation systems and moved to have staff prepare an ordinance draft in line with tonight’s discussion. Councilmember Martinez seconded the motion, which passed by unanimous voice vote.

Next steps: staff will draft a proposed ordinance and return it to the council for first and second readings, with opportunities for public comment and modifications. The council did not set a timeline for hearings; the draft will spell out enforcement approach, exemptions and any phase‑in period for property owners.

The council’s action directs staff to prepare ordinance language but does not itself adopt a ban; any final prohibition will require subsequent council adoption proceedings.