No Smoking in Multi-Unit Residential

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The City Council has approved an ordinance to prohibit smoking in and around multi-unit residences.  The ordinance amends the Torrance Municipal Code by adding Chapter 19 entitled “Smoking in Multi-Family Dwellings” to Division 4 of the Torrance Municipal Code.  The purpose and intent of the ordinance is to prohibit smoking in and around multi-unit residences to protect the health, safety, and general welfare of residents within the City of Torrance. 

The ordinance requires multi-unit residences to be smoke-free in the following areas:

  • Indoor and common areas, such as halls, pathways, lobbies, stairwells, mail areas/rooms, community rooms, playgrounds, pools, laundry rooms, and parking lots;
  • Individual units, including exclusive use balconies, porches, decks and patios; and
  • A buffer zone of 25 feet around any doorway, window, opening or vent into a multi-unit residence.

For purposes of the ordinance, a multi-unit residence includes a lot with two or more units, including, but not limited to, apartments, townhomes, condominium complexes, senior and assisted living facilities, and long-term health care facilities; or a lot with a unit attached to another unit on an adjacent lot. 

The following do not constitute “units”:  hotels; single-family homes; duplexes on a single-family Lot, accessory dwelling units, junior accessory dwelling units, and mobile homes in a mobile home park. 

TEMPORARY EXEMPTION

The ordinance provides for a temporary exemption (or phased in plan) for existing smokers who reside in a multi-unit residence.  This temporary exemption will allow existing smokers to continue smoking within their unit exclusively (which would not include private balcony, porch, deck, patio, or any other related area attached to the unit), until such a time that the unit becomes vacant, change in occupancy, or two years from the effective date of this ordinance (or September 8, 2025) at which time the unit must be converted to a nonsmoking unit. 

Other areas covered by the ordinance include:

Purpose and Intent;

  •  Definitions;
  • Smoking Prohibition in Multi-Unit Residence Units;
  • Smoking Prohibition in Multi-Unit Residence Common Areas Except in Designated Smoking Areas;
  • Smoking Prohibition within Buffer Zones;
  • Temporary Exemption;
  • Responsibility of Persons with Legal Control of Nonsmoking Areas;
  • Notice and Signage Requirements;
  • Lease Agreement Requirements;
  • Exception for Drug, Device, or Combination Product Authorized by United States Food and Drug Administration;
  • Smoking and Smoke Generally;
  • Prohibitions Apply to Cannabis;
  • Education;
  • Penalties and Enforcement;
  • Termination of Tenancy; Requirements; and
  • Authority to Adopt Regulations to Implement this Chapter.

HOW TO FILE A COMPLAINT

If a resident wants to file a complaint regarding someone smoking in a common area that has not been designated as a smoking area, then they can contact the Code Enforcement Unit at (310) 618-5929 or via email at CDDinfo@TorranceCA.gov.  They must be willing to provide their contact information, as the complainant.  Additionally, they will need to provide the time of day and days of the week when the person is smoking within a common area. Without this information, staff will not be able to follow-up on the complaint. 

If a resident wants to file a complaint regarding someone smoking in their unit, then they need to report it to their property owner/manager or they can bring their own civil action against the person, as staff does not have the ability to inspect units for the purpose of this ordinance.

EXECUTED ORDINANCE

Click here to view the Executed Ordinance

TIMELINE:

  • February 2, 2023:  TEQECC - Item Reintroduced - COMPLETE
  • March 2, 2023: TEQECC - Draft Ordinance - COMPLETE
  • April 6. 2023:  TEQECC -  Revised Draft Ordinance - COMPLETE
  • April 10, 2023 to July 6, 2023:  Public Outreach –   COMPLETE
  • July 6, 2023:  TEQECC- COMPLETE
  • July 25, 2023:  City Council (1st Reading) - COMPLETE
  • August 8, 2023:  City Council (2nd Reading) - COMPLETE
  • September 8, 2023:  EFFECTIVE DATE

Torrance Environmental Quality and Energy Conservation Commission (TEQECC)

TEQEC Webpage:

https://www.torranceca.gov/government/city-clerk/commissions-and-advisory-boards/environmental-quality-and-energy-conservation-commission

Agendas (please click on date to view Agenda)

February 2, 2023 

March 2, 2023        

April 6, 2023

July 6, 2023

PROPOSED TIMELINE:

  • February 2, 2023:  TEQECC - Item Reintroduced - COMPLETE
  • March 2, 2023: TEQECC - Draft Ordinance - COMPLETE
  • April 6. 2023:  TEQECC -  Revised Draft Ordinance - COMPLETE
  • April 10, 2023 to July 6, 2023:  Public Outreach - UNDERWAY
  • July 6, 2023:  TEQECC- COMPLETE
  • July 25, 2023:  City Council (1st Reading)- COMPLETE
  • August 8, 2023:  City Council (2nd Reading)- COMPLETE
  • September 8, 2023:  EFFECTIVE DATE

For additional information or to be added to the City’s email list, as related to the proposed ordinance, please contact Leslie Cortez, Senior Administrative Analyst, at (310) 618-5990 or LCortez@TorranceCA.Gov.