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Carlsbad council adopts ordinance banning smoking in multifamily housing; council declines medical‑marijuana carve‑out
Summary
Council adopted an ordinance prohibiting smoking in multifamily housing. The city attorney said ADA does not require accommodations that create health or safety risks; council rejected a medical‑marijuana carve‑out, citing secondhand particulates concerns, and passed the ordinance 4–1.
Council considered and adopted an ordinance prohibiting smoking in multifamily housing. The item drew a legal question from council about whether medical‑marijuana users should be exempted under the Americans with Disabilities Act. The city attorney advised the council that ADA and its state counterpart do not require accommodations that would create health or safety risks for others.
Councilmember Acosta said the ordinance is about smoke and particulates that can travel through shared ventilation and affect neighbors, including children. Councilmember Burkholder asked clarifying legal and liability questions and raised insurance concerns; the city attorney said the council has police powers and regulatory authority to protect public health and safety and that the city itself would not bear insurer liability for a condo association’s enforcement failures. The measure passed 4–1, with Councilmember Burkholder recorded as the dissenting vote.
Staff indicated this was the second reading and the ordinance will be enforced under the city code once adopted. The council’s discussion referenced prior public comment and staff memos; no additional amendments were made on the floor.
