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Alameda's Strict No Smoking Ordinance

By
Real Estate Agent with Alain Pinel Realtors CalBRE#00979900

 

Alameda's Strict No Smoking Ordinance 

smoke free zone, red circle, cirgarette with x through it


 

Alameda's strict no smoking ordinance passed in December, 2012 has taken effect.  Under the ordinance as of January 2, 2012 smoking is prohibited in all outdoor public places, including commercial-area sidewalks, bus stops, ATMs, and other service areas, outdoor dining areas within 20 feet of entryways and open winds and outdoor events.  Enclosed outdoor patios of bars/taverns are excluded from the ordinance.

 

 

Businesses must post “No Smoking” signs near unenclosed dining areas and take all ashtrays from areas where smoking is prohibited. 

The ordinance applies to 100% of new multi-unit rental complexes and condominium complexes.  Alameda's strict no smoking ordinance includes balconies and porches as “No Smoking” areas. 

Alameda's strict no smoking ordinance allows Multi-unit building to establish a designated smoking area in outdoor common areas.  A “smoking buffer zone” of 20 feet from an enclosed area must be established. 

Alameda's strict no smoking ordinance was objected to by condo owners who felt that this places an undue burden on them and stated their objects to the Alameda City Council.  Their objects were noted by the Council but the Ordinance was passed as written.  Condo owners will have an increased burden to disclose when they want to sell their units. Additionally, this ordinance will make buying a condo less attractive for those people who do smoke.
 

 

Alameda is a wonderful island community.  It is known for its fine, tree lined streets, lovely neighborhoods and beautiful Victorian homes.  If you have any questions about Alameda City Ordinances and how they may affect a sale of a property in Alameda please Call me at 510-504-5612 .


 

 

Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

Evelyn

It's good to inform the public about local ordinances. So glad that this is now also included in the Alameda Local Ordinances disclosure. Makes it easier to make sure both buyer and seller are aware.

Can we make a citizen's arrest if we find people violating this ordinance ;)

Jan 11, 2012 06:23 PM
Not a real person
San Diego, CA

We have had a similar ordinance here for six or seven years, maybe longer.  However enclosed outdoor patios are not excluded. Only if they are open.

Jan 12, 2012 05:09 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Pacita:  Sometimes I feel like doing that, but I don't think we can.  Darn.

Ray:  These patios are adjacent to bar or restaurants and they have to be situated where smoke will not float to residential areas.  There are only a few that have been approved here.  Good for San Diego for being so much ahead of everyone.  Thanks for the info.

 

Jan 12, 2012 11:40 AM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital

Evelyn, last week, Dick's sister came to visit from Maui.  And she smokes!  It was so funny because it is so restrictive these days, including our house, which is a no smoking area.  And it was freezing cold outside.  I'm wondering how many people give it up because smoking has become so inconvenient?

Jan 13, 2012 04:48 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Patricia:

I wonder the same thing.  How can people continue to smoke where their smoking areas are being restricted.  It must have been hard on your sister-in-law, but that is her choice.

Jan 13, 2012 04:58 AM
Cancel Account
Castro Valley, CA

I love it! I'm sorry for the inconvenience selling a condo may be if a smoker is an interested buyer, but smoking has long been a distasteful thing to me.

The argument by some that we live in a free country is somewhat moot, because I deserve the right to breath air free of smoke. If someone wishes to smoke they are more than welcome to find a location that does not impede on my air space. I'm not putting the pollutants into the air, they are.

Thanks for the article!

 

Jan 13, 2012 04:59 AM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Clifton:

Yes, most Alamedans are in favor of the law and I am too.  I just worry about condos and if they will be even harder to sell.

Jan 13, 2012 05:06 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

As someone who as Asthma, I would love to see a law like this past her despite my hatred for new laws! They already have passed more stupid things in Portland like plastic bags, so why not smoking. (Oh yeah that means people wouldn't be able to smoke pot in public in Portland, which I guess seems to be OK there)

Jan 14, 2012 04:54 PM
Evelyn Kennedy
Alain Pinel Realtors - Alameda, CA
Alameda, Real Estate, Alameda, CA

Todd:

Sorry to hear you have asthma.  It is a difficult disease.  You are right about all the laws that our cities pass, but I do believe that the no smoking law will be best for every one.  I guess the no smoking ordinance applies to pot, too.  Sorry.

Jan 26, 2012 07:27 AM