Oakley council passes smoking ordinance

“I am not a smoker, but I defend a smoker’s right to choose to do that as long as it’s not interfering with other people’s choices or ability to not enjoy your smoke,” said Mayor Randy Pope.

Aside from targeting tobacco smoke, the ordinance applies to smoke generated by the smoking of marijuana, crack cocaine and the electronic vapors from electronic cigarettes, which the city added into the ordinance after evidence from the American Lung Association and National Association of City and County Health Officials concluded the vapor includes harmful substances.

“There are some carcinogens and toxic chemicals that are actually released by the electronic cigarettes, some of which are the same chemicals you find in automobile anti-freeze,” said the city’s special counsel William Galstan

The city will rely on apartment managers to handle everyday compliance of the ordinance around the city’s complexes, according to Galstan. Landlords will be required to provide tenets with their compliance policy, a floor plan showing the location of smoking and non-smoking units and insert a provision into all new and renewed leases that states violation of the ordinance could lead to eviction. Violators that refuse to comply would then likely be sent a warning letter from the city’s code enforcement staff and be subject to a $100 fine.

Galstan said the ordinance blends the needs of the residents and apartment managers, noting the city worked with the California Apartment Association, Tobacco Prevention Project and the Contra Costa Health Services to draft the ordinance.

“It turns out smokers create some costs for apartment owners because they have to typically repaint, change the carpets and so forth after a smoker leaves,” Galstan said.

Erin Mathias, property manager of The Oaks on Carol Lane, said management at the complex was happy with how the ordinance turned out.

“It is supportive of both apartment complex managers as well as residents of apartments,” she said. “We are very happy with the outcome of the ordinance and are appreciative of the efforts put forth by the city to bring this about.”

Oakley resident Wendy Escamilla, who was the only person to speak out about the ordinance at the meeting, said she supports the ordinance and would like to see the city do more to curb smoking in public.

“I feel like anywhere public, people shouldn’t be allowed to smoke,” Escamilla said.

The ordinance will go into effect in 90 days to allow apartment managers time to prepare the documents necessary to comply with the new rules.