October 10, 2007

It's Official Belmont Bans Smoking In Some Homes

The Belmont City Council on Tuesday night adopted a landmark ordinance regulating secondhand smoke in the city.

The ordinance passed on a 3-2 vote and will go into effect in 30 days, according to City Manager Jack Crist.

The ordinance was introduced by the City Council on Sept. 11, and then approved with a few wording changes at its Sept. 25 meeting.

Thought to be the first of its kind in California, the ordinance declares secondhand smoke a public nuisance and extends the city's current smoking ban to include multi-unit, multi-story residences.

Though Belmont and some other California cities already restrict smoking in multi-unit common areas, Belmont is the first city to extend secondhand smoke regulation to the inside of individual apartment units.

Smoking will still be allowed in single-family homes and their yards, and units and yards in apartment buildings, condominiums and townhouses that do not share any common floors or ceilings with other units.

The ban for multi-unit apartment buildings will not take effect for an additional 14 months after the ordinance is passed, so that one-year lease agreements will be unaffected.

Smoking will be permitted only in designated outdoor areas of multi-unit housing.

Additionally, smoking will not be allowed in indoor and outdoor workplaces, or in parks, stadiums, sports fields, trails and outdoor shopping areas.

Smoking on city streets and sidewalks will be permitted under the ordinance, except in the location of city-sponsored events or in close proximity to prohibited areas.

City officials have said that enforcement of the smoking ban will be complaint-driven.

The issue was first brought to the attention of the Belmont City Council last July, when residents at a senior housing complex complained of complications arising from secondhand smoke in their apartments.

Proposal Prompted Death Threats

City leaders were targets of strong opposition -- even death threats -- in what some suspected was a well-orchestrated campaign against the proposal.

NBC11 reporter Noelle Walker said three City Council members have received more e-mails about the proposed ban than any other issue ever. Belmont Mayor Coralin Feierbach told NBC11 her mailbox was filled with the hate-filled e-mails.

Upset citizens are comparing the proposed ban to Nazi rules.

"Following in the footsteps of Adolf Hitler with your no public smoking ordinance …," writes one opponent of the ban.

Many of the letters are littered with expletives.

"If America is lucky, someone will cut all of your *** throats," one letter said.

Another letter threatens, "Your friends will get a 747 loaded with fuel…"

The same letter ends with "Have a nice day."

Feierbach believes the strong opposition is part of an organized effort from the pro-smoking site speakeasyforum.com.

Part of the group's mission, according to their Web site, is to provide a forum for smokers to express concerns about, "… discrimination against smokers in all of the many forms that it takes these days."

Feierbach said she also received e-mails supporting the ban.

NOTE: Although the owner of Survival Training Site is an ex-smoker I do not see where the state can get off telling people what they can do in their own home. I encourage everyone to complain and fight for your right to choose. I think its congressman time!