City May Consider Ban On Smoking Outside Apartments

The San Diego City Attorney's Office is reviewing a draft of an ordinance that could ban smoking in the common areas of multi-family complexes. The draft was created by a task force assembled to examine the impact of second-hand smoke at apartment and condo properties. However, there are a lot of questions for the ordinance.

"Legally, can this be done? If so, what would it look like?" said San Diego City Councilwoman Marti Emerald, who is a part of the Public Safety and Neighborhood Services Committee.
Emerald has pushed the city attorney's office to review the ordinance so that it can be presented back to the committee and, eventually, the full City Council.
However, Emerald said she understands it may be hard where to draw the line and not impede on the rights of smokers.
"And while I may not be a smoker today, I have in the past, so I sympathize with the rights of smokers as well as non-smokers," she said.
Thirteen California municipalities currently have similar smoking bans for common areas in multi-family complexes.