CARLSBAD — A new Carlsbad law banning smoking and vaping in multi-family residences with at least three units took effect Jan. 1, making it the first city in San Diego County to enact such a measure.
The ordinance, approved by the City Council in August, aims to protect residents from secondhand smoke. The new law applies to apartments, condominiums and other multi-family housing options, including senior assisted living and long-term healthcare facilities.
The ban includes traditional tobacco products, e-cigarettes and cannabis.
Smoking and vaping are prohibited indoors and outdoors in multi-unit buildings, except for designated outdoor areas at least 25 feet from other amenities. The law allows for private enforcement, enabling landlords and tenants to take legal action against people violating the ban.
The law does not apply to hotels, motels, mobile home parks, campgrounds, single-family homes or accessory dwelling units. However, all new or renewed rental agreements and multi-unit leases must now be smoke-free.
Since 2008, the city has implemented several anti-smoking ordinances prohibiting smoking in public parks, trails, beaches, and within 20 feet of outdoor dining areas.
Carlsbad’s latest ordinance is based on a program outlined in the city’s state-mandated housing element. Updated every eight years, the plan is designed to meet future housing needs while promoting a healthy and safe living environment.
During discussions on the ordinance in 2023, the City Council directed staff to minimize enforcement demands on city resources. The measure was ultimately approved 4-1, with Councilmember Melanie Burkholder voting against it.
“I don’t think we should be property managers or landlords,” Burkholder said. “The city is not in a position to tell people how to live their lives. We’re supposed to make sure they’re safe.”
Mayor Keith Blackburn acknowledged concerns about the law but ultimately voted in support of the law.
“We have to watch out for the best interest of the majority of our public,” Blackburn said.
Jennifer Gill, tobacco control program manager at Vista Community Clinic, commended the council’s decision at the time.
“Secondhand smoke is responsible for over 40,000 deaths each year,” she said. “According to the surgeon general, there is no safe level of exposure.”
Gill highlighted how smoke can travel through vents, walls, floors and electrical systems in multi-unit buildings, endangering nearby residents.
While the first city in San Diego County to enact such a ban, Carlsbad has joined a growing list of California municipalities with smoking prohibition laws for multi-unit housing, including Temecula, which has enforced similar restrictions for over a decade.
Statewide, more than 80 cities and counties have enacted smoke-free housing laws.
Before Carlsbad’s ordinance, Encinitas had implemented one of Southern California’s most stringent anti-smoking measures, banning smoking and vaping in public places citywide.
In Encinitas, smoking is permitted only in moving vehicles, private residences, and a limited number of hotel or motel guest rooms.
