Thread: Cailfornia bans smoking at home

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California Ordiance Bans Smoking at Home – The Free Patriot http://ow.ly/r5Wpp

California Ordiance Bans Smoking at Home
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The town of San Rafael, Breitbart news reports today, has enacted a new ordinance that will ban smoking in residences with shared walls, such as...




California Ordiance Bans Smoking at Home

Posted by: Dean Chambers Posted date: November 22, 2013

The town of San Rafael, Breitbart news reports today, has enacted a new ordinance that will ban smoking in residences with shared walls, such as apartment buildings and condominiums. The ban will apply both to those who rent such residential units as well as those who own them within the city.

Breitbart news reports, the ordinance “covers any multi-family residence with three or more units, including condominiums, co-ops and apartments. The ban took effect Nov. 14.”
““I’m not aware of any ordinance that’s stronger,” said Rebecca Woodbury, an analyst in the San Rafael’s city manager’s office who helped write the ordinance. She cited studies that found secondhand smoke seeps through walls, ventilation ducts and even cracks as justification for the ordinance,” Breitbart news reported.
George Koodray, state coordinator for Citizens Freedom Alliance and the Smoker’s Club in New Jersey, disputed the notion of secondhand smoking seeping through walls, saying, “The science for that is spurious at best.”
Libertarians and other advocates of individual rights, even those who do not smoke themselves, support the rights of smokers to do so in the privacy of their own homes and oppose the San Rafael ordinance, and see it as an intrustion into individual rights.
Steve Stanek, a researc fellow at the Heartland Institute in Chicago, a free-market oriented think tank, said, “My sympathies arent with smokers because I am one, it’s because of the huge growth in laws and punishments and government restricting people more and more.”
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http://freepatriot.org/2013/11/22/ca...oking-at-home/

It's not CALIFORNIA, it's the TOWN of San Rafael.

The town of San Rafael, Breitbart news reports today, has enacted a new ordinance that will ban smoking in residences . . .

California is the test bed for the NWO.

It is the most highly regulated population in the country, and one of the most highly regulated populations in the world.

My father-in-law just had to pay a $240 city tax just to get permission to install a new hot water heater.

If you own a restaurant and want to add more tables, you have to come under the mercy of the local water board for approval first, and the expansion is based on THE NUMBER OF SEATS and the NUMBER OF GLASSES OF WATER CONSUMER PER TABLE! I saw this and heard it in person two weeks ago as an interior designer was talking to a restaurant owner. I kid you not!

List of smoking bans in the United States

http://en.wikipedia.org/wiki/List_of_smoking_bans_in_the_United_States

North Carolina

• Statewide ban on smoking in bars, restaurants, and some other workplaces: On January 2, 2010, after being signed into law by Governor Bev Perdue on May 19, 2009, North Carolina Session Law 2009-27 went into effect, banning smoking statewide in all bars and restaurants in North Carolina, as well as in government buildings and vehicles.^[294] The law exempts cigar bars, private clubs that are not-for-profit (including country clubs), designated hotel/motel smoking areas, and medical research facilities studying tobacco.^[294] The law generally allows local governments to regulate smoking more strictly beginning July 5, 2009 (as long as it is approved by the county, too), but preempts local governments from regulating smoking in cigar bars, retail tobacco shops, tobacco manufacturer facilities, designated hotel/motel smoking rooms, private clubs (including country clubs), theatrical productions involving smoking, private residences, or private vehicles.^[294]

• Other statewide smoking regulation in North Carolina:
  
  • North Carolina Department of Correction, January 2006, banned in all state prisons.^[295]
  • Orange County, January 1, 2012, banned on all sidewalks owned, operated, or maintained by the municipalities incorporated within the county.
  • UNC Hospitals, August 2007, banned on all hospital grounds.^[296]
  • University of North Carolina at Chapel Hill, January 2008, banned on all university grounds except 100 feet (30 m) from any school building.^[297]

^{http://en.wikipedia.org/wiki/List_of_smoking_bans_in_the_United_States}

It Is Now Illegal To Smoke In Your Own Home In San Rafael, California

Jess Remington|Nov. 25, 2013 6:05 pm
In a unanimous decision, members of the San Rafael City Council have approved the strictest type of smoking ordinance in the country. Effective last week, Assembly Bill 746 bans residents of apartments, condos, duplexes, and multi-family houses from smoking cigarettes and “tobacco products” inside their homes.
Moonfall Pix/FlickrIntroduced by Assembly Member Marc Levine and pushed by the Smoke-Free Marin Coalition for over seven years, the ordinance applies to owners and renters in all buildings that house wall-sharing units for three or more families. The purpose is to prevent second-hand smoke from travelling through doors, windows, floorboards, crawl spaces, or ventilation systems (i.e. any conceivable opening) into neighboring units.
San Rafael has joined a growing number of cities, such as Belmont, CA, that have implemented similar bans.*
Levine said the bill is motivated by his desire to ensure that "Californians [can] breathe clean air in their own homes." He continued, "In apartments or condominiums, whenever a neighbor lights up, everyone in the building smokes with them."
Rebecca Woodbury, an analyst at the City Manager’s office who helped write the ordinance, explained some of the bill's specifics to ABC News. "It doesn't matter if it's owner-occupied or renter-occupied," she said. "We didn't want to discriminate. The distinguishing feature is the shared wall...I’m not aware of any ordinance that’s stronger."
The bill's proponents cited scientific evidence that shows cigarette smoke is able to travel through the ventilation systems of apartments. Some of this evidence was produced by two CDC studies, which found that roughly 45 percent of apartment dwellers claimed to have been exposed to second-hand smoke in their homes in the past year.
Some anti-smoking groups, like the American Lung Association, have expressed their support for the legislation. The President and CEO of California's division said the ordinance is "groundbreaking" and called for a state-wide ban.
The ordinance is not without its detractors, however.

A researcher at the Heartland Institute, a free-market policy think tank in Chicago, said the ban is part of a larger, disturbing trend of government encroachment on personal freedoms. As he told ABC News:

I don't like cigarettes, and I've never taken a puff. My sympathies aren't with smokers because I am one, it's because of the huge growth in laws and punishments and government restricting people more and more. Illinois' criminal code was 72 pages long in 1965; today it's more than 1,300 pages long.

Brian Augusta, of the Western Center on Law and Poverty, said that targeting multifamily units disproportionately affects low-income families and workers. According to the Sacramento Bee, Augusta said, "If smoking is an addiction, and it clearly is, are we telling people that they have to quit smoking—without support—or leave their homes?"
George Koodray, New Jersey state coordinator for Citizens Freedom Alliance and the Smoker's Club, decried the evidence linking apartment-dwelling to second-hand smoke exposure as weak. "The science for that is spurious at best," he said.
The California Apartment Association has not taken an official position on the issue, but has stated its doubts as to how the ordinance will be enforced and by whom. As it stands, AB 746 levies rule-breakers with fines but does not identify who will respond to complaints or write tickets.
Levine said that he hopes the ordinance will be "self-enforcing," but it's clear that landlords are being prodded to take up the torch. In an informational pamphlet published by the city, landlords are advised to threaten rule-breaking tenants with eviction.
*This was added to the article to make it clear that San Rafael is not the first city to implement this type of smoking ordinance.

http://reason.com/blog/2013/11/25/it...-in-your-own-h

List of smoking bans in the United States


From Wikipedia, the free encyclopedia

Map of current and scheduled future statewide smoking bans as of 6 November 2012

The following is a list of smoking bans in the United States. For smoking bans and restrictions outside the United States, see the worldwide list of smoking bans.

The United States Congress has not attempted to enact any nationwide federal smoking ban. Therefore, smoking bans in the United States are entirely a product of state and local criminal andoccupational safety and health laws.

In 1995, California was the first state to enact a statewide smoking ban; throughout the early to mid-2000s, especially between 2004 and 2007, an increasing number of states enacted a statewide smoking ban of some kind. As of June 2013, the most recent statewide smoking ban is North Dakota's, which was ratified by voters on November 6, 2012.

As further detailed in this list, smoking laws vary widely throughout the United States. Some places in the United States do not generally regulate smoking at all, some ban smoking in certain areas and not others, and some ban smoking nearly everywhere, even in outdoor areas (no state bans smoking in all public outdoor areas, but some local jurisdictions do). As of April 5, 2013, according to the American Nonsmokers' Rights Foundation, 81.3% of the U.S. population lives under a ban on smoking in "workplaces, and/or restaurants, and/or bars, by either a state, commonwealth, or local law,",^[1]though only 48.9% live under a ban covering all workplaces and restaurants and bars.^[2] A smoking ban (either state or local) has been enacted covering all bars and restaurants in each of the 60 most populated cities in the United States except these 16: Arlington, Texas, Atlanta, Fort Worth, Jacksonville, Memphis, Miami, Las Vegas,Nashville, New Orleans, Oklahoma City, Philadelphia, Pittsburgh, St. Louis, Tampa, Tulsa, and Virginia Beach.^[3][4]

Contents

[hide]

• 1 Overview
  
  • 1.1 Statewide bans on smoking in all enclosed public places
  • 1.2 Statewide smoking bans exempting adult-only venues
  • 1.3 Unique statewide smoking bans
  • 1.4 States with no statewide smoking ban
  • 1.5 Smoking laws and non-states
  • 1.6 Smoking laws and the U.S. federal government
  
  
• 2 Smoking laws of the United States by state
  
  • 2.1 Alabama
  • 2.2 Alaska
  • 2.3 American Samoa
  • 2.4 Arizona
  • 2.5 Arkansas
  • 2.6 California
  • 2.7 Colorado
  • 2.8 Connecticut
  • 2.9 Delaware
  • 2.10 District of Columbia
  • 2.11 Florida
  • 2.12 Georgia
  • 2.13 Guam
  • 2.14 Hawaii
  • 2.15 Idaho
  • 2.16 Illinois
  • 2.17 Indiana
  • 2.18 Iowa
  • 2.19 Kansas
  • 2.20 Kentucky
  • 2.21 Louisiana
  • 2.22 Maine
  • 2.23 Maryland
  • 2.24 Massachusetts
  • 2.25 Michigan
  • 2.26 Minnesota
  • 2.27 Mississippi
  • 2.28 Missouri
  • 2.29 Montana
  • 2.30 Nebraska
  • 2.31 Nevada
  • 2.32 New Hampshire
  • 2.33 New Jersey
  • 2.34 New Mexico
  • 2.35 New York
  • 2.36 North Carolina
  • 2.37 North Dakota
  • 2.38 Northern Mariana Islands
  • 2.39 Ohio
  • 2.40 Oklahoma
  • 2.41 Oregon
  • 2.42 Pennsylvania
  • 2.43 Puerto Rico
  • 2.44 Rhode Island
  • 2.45 South Carolina
  • 2.46 South Dakota
  • 2.47 Tennessee
  • 2.48 Texas
  • 2.49 United States Virgin Islands
  • 2.50 Utah
  • 2.51 Vermont
  • 2.52 Virginia
  • 2.53 Washington
  • 2.54 West Virginia
  • 2.55 Wisconsin
  • 2.56 Wyoming
  
  
• 3 See also
• 4 References
• 5 External links
• 6 External links

Overview[edit]

Statewide bans on smoking in all enclosed public places[edit]

As of June 2013, 28 states have enacted statewide bans on smoking in all enclosed public places, including all bars and restaurants: Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Kansas, Maine,Maryland, Massachusetts, Michigan, Minnesota, Montana, Nebraska, North Dakota, New Jersey, New Mexico,New York, Ohio, Oregon, Rhode Island, South Dakota, Utah, Vermont, Washington, and Wisconsin.

However, these states exempt a variety of places from their respective smoking bans. All except six (Delaware, Montana, North Dakota, Utah, Vermont, and Washington) exempt tobacconists. All except four (Michigan, North Dakota, Vermont, and Wisconsin) allow hotels and motels to designate a certain percentage of smoking rooms. Many also exempt or do not cover casinos (9), private clubs (7), cigar bars (13), or certain small workplaces (. The following is a table of common exemptions from these 28 states' smoking bans:

States that exempt tobacconists	States that exempt cigar bars	States that exempt private clubs	States that exempt casinos	States that exempt small workplaces
AZ, CA, CO, CT, HI, KS, IL, IA, ME, MD, MA, MI, MN, NE, NJ, NM, NY, OH, OR, RI, SD, WI	CA, CO, CT, MA, MI, NE, NJ, NM, NY, OR, RI, SD, WI	AZ, CT, IA, KS, MA, NY, OH	CT, IA, KS, ME (OTB parlors, beano and bingo halls), MI, NJ (including OTB parlors), NM, RI (including OTB parlors), WI	CA (5 or fewer employees), CO (3 or fewer employees), CT (5 or fewer employees), ND (1 employee), NM (1 employee), OH (family owned and operated), UT (1 employee), VT (1 employee)

In Connecticut, Oregon, Montana, Utah, and Wisconsin, the state law preempts local governments from enacting stricter smoking bans than the state, though some cities and/or counties in some of those states have enacted local versions of the state's smoking ban. In the other 23 states with a statewide general smoking ban, some cities and/or counties have enacted stricter local smoking bans to varying degrees. The strictest smoking ban in the United States is in Calabasas, California, where smoking anywhere a non-smoker could congregate, including public sidewalks and apartment complexes, is a misdemeanor punishable by a fine of at least $250.^[5]

Statewide smoking bans exempting adult-only venues[edit]

As of June 2013, 6 states ban smoking in most enclosed public places, but permit adult venues such as bars (and casinos, if applicable) to allow smoking if they choose: Arkansas, Florida, Indiana, Louisiana, Pennsylvania, andTennessee. In Arkansas, Indiana, and Tennessee, the law also allows smoking in restaurants with liquor licenses that do not admit persons under 21; indeed, in Tennessee, the law exempts any adult-only venue of any kind. In Florida, Pennsylvania, and Tennessee, state law preempts local governments from enacting stricter smoking bans than the state, though in the other four states, some cities and/or counties have enacted stricter local smoking bans to varying degrees, in some cases banning it in all enclosed workplaces. See individual state listings below for details.

Unique statewide smoking bans[edit]

As of June 2013, 6 states have enacted smoking bans in particular places that do not fit in the other categories:

• Georgia relegates smoking in restaurants serving persons under 18 to separately enclosed smoking rooms, allows smoking freely in restaurants and bars limiting patronage to persons over 18, and allows most anywhere else either to designate smoking areas indoors or, in many cases, to allow smoking freely; local governments in Georgia can and have passed stricter smoking bans than the state.
• Idaho bans smoking in restaurants, but exempt both bars (which can be 100% smoking) and small workplaces (which can have a designated smoking area); local governments in Idaho can regulate smoking more strictly than the state.
• Nevada generally bans smoking in all public places and places of employment, but exempts bars, casinos, strip clubs, brothels, and retail tobacco stores, and restaurants that do not allow patrons under 21 years of age. In all other restaurants, smoking is relegated to separately ventilated designated smoking areas. Local governments in Nevada may regulate smoking more strictly than the state.
• New Hampshire bans smoking in restaurants and some bars (those besides cigar bars and private clubs), schools, and certain common areas open to the public, but not anywhere else, and state law prohibits local governments from enacting local smoking bans.
• North Carolina bans smoking in all restaurants and bars (excluding cigar bars and private clubs), as well as government buildings and vehicles, but does not regulate smoking anywhere else. Local governments may regulate smoking more strictly than the state, except in cigar bars, private clubs, tobacco shops, private residences/vehicles, designated hotel/motel smoking rooms, and theatrical performances involving smoking.
• In Virginia, smoking is banned in schools, state offices, and certain healthcare facilities and common areas, but not anywhere else; in restaurants (including bars), smoking is relegated to separately ventilated designated smoking rooms. The state law prohibits local governments from regulating smoking more strictly than the state.

States with no statewide smoking ban[edit]

As of June 2013, 10 states have not enacted any general statewide ban on smoking in any non-government-owned spaces: Alabama, Alaska, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Texas, West Virginia, and Wyoming. Instead, laws in most of these states (see individual state listings below for further information) require proprietors of certain places to designate smoking and non-smoking areas and post warning signage.

In Oklahoma, state law prohibits local governments from regulating smoking more strictly than the state, making it the only state without any kind of legislated smoking bans. In the other nine states, cities and/or counties have enacted stricter smoking laws than the state, in some cases banning smoking in all enclosed workplaces. In Alabama and Mississippi, the state smoking law expressly allows all local governments to do so. In Alaska, Kentucky, Missouri, South Carolina, Texas, and West Virginia, a court has ruled that certain local governments have the power to do so. See the individual state listings below for details.

Smoking laws and non-states[edit]

In the District of Columbia, American Samoa, Puerto Rico and the United States Virgin Islands, smoking is banned in all enclosed public places, including bars and restaurants. Guam prohibits smoking in restaurants, but the ban doesn't extend to workplaces, or any other businesses. The Northern Mariana Islands prohibits smoking in most workplaces and restaurants, but not in bars.

Smoking laws and the U.S. federal government[edit]

Although Congress has not attempted to enact a general nationwide federal smoking ban in workplaces, severalfederal regulations do concern indoor smoking. Effective April 1998, smoking is banned by the United States Department of Transportation on all commercial passenger flights in the United States, and/or by American air carriers.^[6]

This was long after Delta Air Lines had banned smoking on all of its flights. On August 9, 1997,President Bill Clinton issued Executive Order 13058, banning smoking in all interior spaces owned, rented, or leased by the Executive Branch of the Federal Government, as well as in any outdoor areas under executive branch control near air intake ducts.^[7]

http://en.wikipedia.org/wiki/List_of..._United_States

New York City considers ban on electronic cigarettes

By Jessica Chasmar - The Washington Times
A New York City Council committee will consider next week proposed legislation that would ban electronic cigarettes in bars, restaurants and other indoor public places. . .