San Rafael, CA Bans Vaping in Apartments, Adds New Enforcement Tool

The San Rafael City Council has unanimously voted to expand its existing smoking ban in multi-unit housing complexes to include the use of e-cigarettes (vaping). The ordinance update also introduces a powerful new enforcement mechanism, empowering residents to seek court orders against non-compliant neighbors through the more accessible small claims court system.

Previously, the city’s ban applied only to smoking traditional tobacco products in duplexes, apartments, condominiums, and townhomes. The updated law now treats vaping identically. A key change is the addition of “injunctive relief” for residents. “The kind of injunctive relief somebody could get would be an order saying that the person in their duplex or multi-unit residence that is exposing them to secondhand smoke has to stop,” explained Katherine Kasameyer, a deputy city attorney.

Councilmember Maribeth Bushey, an attorney, praised the use of small claims court for these disputes, calling it “efficient, fair and accessible justice.” This new tool is designed to provide a quick and inexpensive way for residents to resolve issues without needing extensive legal representation.

The move was applauded by public health advocates. Bob Curry, co-chair of the Smoke-Free Marin Coalition, highlighted a case where a resident with underlying health conditions struggled for three years to address a neighbor’s smoking. “To have the ability to take this to small claims court as a last resort option is a great tool,” Curry said.

This expansion is the latest in San Rafael’s history of enacting tough regulations on tobacco and nicotine, which already includes bans downtown, in parks, and on sidewalks. The council is also considering future extensions of the ban to include single-family homes in close proximity, such as those with accessory dwelling units (ADUs), to further address the health impacts of secondhand smoke and vapor.

• Reference: San Rafael advances vaping ban for housing complexes

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.

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