Santa Monica Extends No Smoking Zone
Wafting smoke from balconies and patios prompts the expanded law
Get out the tape measure Santa Monica residents -- it's now illegal to smoke within 25 feet of an apartment building door, window or vent.
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The rule is intended to prevent smokers from lighting up on balconies or patios. That can be a bother for neighbors, who inhale the wafting second-hand smoke.
The penalty for smoking within the 25-foot zone: $100 for a first offense. That fine climbs to $200 and $500.
"What we are doing here is walking a very thin line trying to weigh and protect the rights of non-smokers and the rights of tenants," Councilmember Gleam Davis told The LookOut News.
If a friendly letter to the violator doesn't work, the case can be brought to small claims court.
Smokers already cannot light up in common areas and these locations listed in the city's municipal code. The city adopted the expanded law Aug. 10.
Opponents of the ban, including Santa Monicans for Renters' Rights, said more smoking restrictions chip away at renters' rights.
"You can't just pull away rights," Patricia Hoffman, chairwoman of the rights group told the LA Times in February. "You can ban smoking in new buildings. You can ban smoking in leases with new tenants. But if somebody is an existing tenant and has essentially the right to smoke, and smoking is a legal behavior, then it's pretty hard to take away a legal right from someone."
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