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Carlsbad council moves to ban smoking and vaping in multiunit housing, 4–1 vote to introduce ordinance
Summary
After a public hearing with health advocates, the Carlsbad City Council voted 4–1 to introduce an ordinance that would require multiunit housing to prohibit smoking and vaping in units and common areas, relying primarily on landlord lease provisions and civil remedies for enforcement; Councilmember Burkholder voted no.
Carlsbad City Council voted 4–1 to introduce a draft ordinance that would bar smoking, vaping and marijuana use in private units and exterior common areas of multiunit residential buildings, with enforcement to rest mainly with landlords and civil remedies for affected residents.
City staff said the measure would add chapter 6.15 to the Carlsbad Municipal Code and follow a hybrid enforcement model recommended by staff after outreach to housing providers. “By including these provisions in lease agreements, smoking becomes a violation of both the lease and the local ordinance and is considered a nuisance,” Assistant Community Development Director Mike Strong said, describing landlord-based and third-party enforcement options the city considered.
Public health advocates urged the council to act. Jennifer Gill, program manager for Vista Community Clinic’s Tobacco Control Program, said secondhand smoke is dangerous and offered the clinic’s support for outreach and education. “Comprehensive smoke free policies can fully protect people from secondhand smoke,” she said. Kelly McCormick, a public health educator, said the policy would “improve both their health and quality of life” and reduce maintenance costs for property owners.
Council members focused on implementation and outreach. Councilmember Acosta said she supported a mix of enforcement approaches and emphasized protecting residents whose health is harmed by drifting smoke. Councilmember Burkholder said she was troubled by imposing rules on private living spaces and opposed the motion, arguing landlords could set no-smoking rules in leases without a city ordinance.
The motion to introduce the ordinance and proceed with the staff-recommended enforcement approach (options 2 and 3 — civil enforcement and landlord/property-manager enforcement) passed 4–1, with Councilmember Burkholder voting no. Staff told the council the new rules would go into effect at the end of the calendar year, or Jan. 1, to allow a launch period for outreach and resources.
Next steps: staff will develop and execute the outreach plan described in Exhibit 6 of the staff report and return with final ordinance language and implementation details.
