Carlsbad Votes to Ban Smoking in Outdoor Dining Areas

Real Estate Agent with Solutions Real Estate CA DRE #01490977

Carlsbad Votes to Ban Smoking in Outdoor Dining Areas


The City of Carlsbad voted to ban smoking in outdoor dining areas in Carlsbad, taking the current ordnance, adopted in 1983, one step further. That ordnance regulated smoking in public areas.


If you are a smoker, be aware that Carlsbad already bans smoking in parks, beaches and lagoons.


Carlsbad bans smoking in outdoor dining places effective November 2011California banned smoking in 1998, with the State Workplace Smoking Law, in all enclosed places of employment and indoor restaurants.


Local jurisdictions have the power to enact additional restrictions.


The smoking ban in Carlsbad was modeled after the non-smoking ordnances that already exist in neighboring Encinitas, Del Mar and Solana Beach.


The new ordnance in Carlsbad is expected to go into effect on or about November 2.


The smoking ban also prohibits smoking within 20 feet of public outdoor dining areas.


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Brian Kuhns
Coldwell Banker Roth Wehrly Graber - Fort Wayne, IN
Fort Wayne Real Estate by Brian Kuhns

Can you still smoke in your own home with the windows closed if you live within 20 feet of an outdoor eating area? while I agree that smoke can be annoying while eating the underlying mentality that the government has to save us from ourselves drives me nuts

Sep 27, 2012 10:08 PM #24
Amanda Christiansen
Christiansen Group Realty (260)704-0843 - Fort Wayne, IN
Christiansen Group Realty

I remember a few years back Fort Wayne banned all indoor smoking, even at bars.  I was shocked at first.  Not being a smoker, I didn't think it would effect me at all.  Well it did.  I LOVE the clean air.  This is really good news for non smokers! 

Sep 27, 2012 10:23 PM #25
Michael Setunsky
Woodbridge, VA
Your Commercial Real Estate Link to Northern VA

Jeff, I guess there will be no more stepping outside for a quick smoke. Second hand smoke is just as bad so it probably isn't a bad thing. What are the smokers saying?

Sep 27, 2012 10:49 PM #26
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Brian in #24:  Forget all that "government" nonsense you are dribbling out.  You are correct about one thing, though.  You ARE already nuts if you think that I, or just about anyone, want to inhale the poison that you see fit to fill your own lungs with.

Smoking is not "annoying."  Smoking kills.  If you want to kill yourself smoking, that is your decision.  But you have no right invading the air that I breathe to do it.  None!  And, if I need the "government" to save me from you... I am so glad they are there.

Sep 27, 2012 11:11 PM #27
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author


Look what "smokin" does to meats...?  Enough said on this subject....I nominate Karen Anne (#27) as a sort of non-smoking enforcer. She can have a little air-pellet type gun and if anyone lights up in her assigned area, whooosh bam.....and a resounding "ouch" from the targeted violater  is the warning. Ticket comes after that....Go Karen....

Sep 27, 2012 11:27 PM #28
Charlie Dresen
Steamboat Sotheby's International Realty - Steamboat Springs, CO
Steamboat Springs, CO e-Pro

This is a tough issue.  Should smoking be considered a right or personal freedom? Do non-smokers have the right to clean air? Finding the balance between those two things is pretty tricky.

Sep 27, 2012 11:30 PM #29
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate

Richie, oh my Richie in #28:  No pellet guns for me.  And if anyone lights up anywhere else, not my job.  But, if anyone does "light up" near me in a restaurant, I would walk over to him and ask him to stop.

If that did not work... I very much COULD see myself... this Nice Catholic Girl from Cleveland... asking my server for a glass of water... a very tall glass of water... and then going over to the dolt... and "accidentally" pouring it either in his lap, or on his head.  Oh yes... I could do that.  LOL.

No pellet guns, though.  You may remember my writing the following story in one of my previous posts:  There was a time when some "gentleman" in a suit... who was behind me in the check-out line at Kroger, bumped into me "gently" with his cart.  When I looked at him, he was smiling.  Actually, smirking.  I asked him if he knew he hit me, and he said... "oh yes, you are taking too long."

I pulled a bag out of my cart.  It had a frozen chicken in it.  I dangled it in his direction... and in a very "ladylike" manner... I told him that if he hit me again with his cart... he was going to get this frozen chicken shoved down his throat.  The look on his face was priceless.

Before I left the store... I stopped to chat with someone at Customer Service.  As this guy left the store, the Customer Service person and the register clerk came over and thanked me for doing what I did.  It seems this guy was always like that to others... and the folks who worked there, although they could not reprimand him, were hoping that someone else would come along and say something to him.

I guess I was their girl.  (LOL x 2)

Sep 28, 2012 12:13 AM #30
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude
Nan - I agree. The issue of second-hand smoke is a big one, but for me it's also just plain unpleasant.
Sep 28, 2012 12:46 AM #31
Gary Frimann, CRS, GRI
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

Ah, the old classic argument of where do my rights and and your right begin has surfaced.  I see what is happening, which is that these restrictions are slowly being introduced and making it more difficult to smoke in public places (which I think is a good thing).  I've never met a smoker who thinks that what they are doing is actually good for them...  In fact, most seem to want to quit.  A little nudge from the government should help.  Cig smoke does not do anyone any good, does not do society good, and although we are free to smoke, I view it more as a social harm.  Then again, without smokers, the Social Security fund would probably  be depleted by now.  Smoking is a slow form of suicide, if you really think about it.

Sep 28, 2012 12:46 AM #32
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

Karen Anne - so sorry to hear. I have lost friends and family as well and know many others who have. I smoked many many years ago and have no regrets about stopping, health-wise and cost wise. I know it's very difficult for people to give it up but the health concerns and costs these days would do it for me. The irony is that I am allergic to it so smoke even on clothes, in homes, etc. gives me a horrible headache within minutes.

Myrl - Years ago I loved coming to CA after they enacted the non-smoking bill becuase MA was not in that camp. Trips to Eurpoe are always hard because they don't have the same ordnances against smoking, although I think there are restaurants and other public places there now which do ban smoking.

Melissa - you might have been thinking restaurants in general. And Encinitas DOES have this ban in place already.

Karen - no doubt it is harder for those to smoke or who are with people who do, to understand the other perspective. It an issue of the smoke itself but also the pollution from the butts that people drop all over - some are careful, many are not.

Evelyn - no doubt there are many who oppose but I haven't heard that people stop going to bars and restaurants who have bans.


Sep 28, 2012 12:55 AM #33
Ben Gerritsen
Mortgage Miracles Happen, NMLS ID: 1289680 - Ogden, UT
Mortgage Loan Originator

This is great news, not just for Carlsbad, but now other cities and areas all over will be willing to take the step forward to follow the example of Carsbad. In Utah, there is a similar ordinace statewide. I love it. I wish everywhere we go could be smoke free, cigarette butt free. When I take my children anywhere, it's so disturbing when there is 2nd hand smoke anywhere. It's unpleasant for so many people and on top of that, the amount of money that a smoker spends is astounding just for the habit. Then the cost of healthcare and insurance is through the roof.

Sep 28, 2012 01:24 AM #34
Robert L. Brown - Grand Rapids, MI
Grand Rapids Real Estate Bellabay Realty, West Mic

Smoking is a choice. I choose not to. I do like the ban and I see most everyone here as well.

Sep 28, 2012 01:57 AM #35
Pamela Seley
West Coast Realty Division - Murrieta, CA
Residential Real Estate Agent serving SW RivCo CA

Pretty soon smokers will have to be wearing a large letter "S" for smoker and Karen Anne will be able to target them with her air pellet gun more easily. [joking] Although the butts are a problem for the environment I do think government regulations are over-reaching and limiting peoples' freedoms. Smoking in public places is just one of the many freedoms Americans are losing. On the face of it it seems like a good thing to ban smoking because so many people do not like smoking, but what if government said they don't want people drinking in public because they leave their big gulp soda cups all over the place and that's trash for the environment. Just sayin'


Sep 28, 2012 02:29 AM #36
Bryan Robertson
Los Altos, CA

I like these laws.  I'm sure the remaining smokers in the world will complain but considering how much good outdoor dining there is in Carlsbad this is good.  When I'm out eating and drinking, that smoke carries a long way and it really impacts the quality of my outdoor experience.

Sep 28, 2012 02:46 AM #37
Jeff Dowler, CRS
Solutions Real Estate - Carlsbad, CA
The Southern California Relocation Dude

Paula - I think we will see much more of this as there is more pressure from anti-smoking advocates

Ed - well there are restaurants that I believe enforced their own ban before this, which they can do. Clearly there has been pressure on the city councilo to make it more far reaching.

Joan - agreed. I don't think bans are going to necessarily stop some folks from smoking. And I suspect many cannot despite having tried many ways to do so.

Monique - I do as well. A lot of restaurants didn't allow it anyway, no doubt due to compliants from patrons.

Mike - I understand - it's a health issue for many, and for me is it just darn unpleasant.

Dale - we are seeing more and more of that as well.


Sep 28, 2012 03:30 AM #38
Bob Jakowinicz
National Realty Centers Livonia--Bob Jakowinicz - Livonia, MI
Michigan Real Estate Agent-- MI RE Adventures

Such an oppinonated topic! But a physically healthy move any way you look at it!

Sep 28, 2012 03:32 AM #39
Jackie Hawley
Coldwell Banker Professionals - Oxford, MI
Southeast Michigan Real Estate

I live where it is pretty heavily Amish. Maybe the smoking Amish should show up to the polls in droves to prohibit driving and air travel which pollute much more than cigarette smoke does.

Sep 28, 2012 03:39 AM #40
Rebecca Gaujot, Realtor®
Vision Quest Realty - Lewisburg, WV
Lewisburg WV, the go to agent for all real estate

Jeff, great post. Smoking is banned here as glad. I remember when my friends and I would go to a bar in DC and the next day I could still smell the smoke.  So glad for the BANS on smoking.  Love KarenAnne's responses.

Sep 28, 2012 03:53 AM #41
Ronald DiLalla
Century 21 Discovery DRE 01813824 - Anaheim, CA
No. Orange Cty Real Estate

Hi Jeff,  great post....looks like its getting tougher and tougher for smokers which is good for us that don't

Sep 28, 2012 06:56 AM #42
Darwin Wall
ProSmart Realty - Chandler, AZ
Arizona Realtor

Good to hear! Hope real estate is treating you well in carlsbad jeff!

Sep 28, 2012 01:21 PM #43
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The Southern California Relocation Dude
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