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Findings and Recommendations 14 findings
F1
Since 1967, exposure to secondhand smoke has killed approximately 2.5 million nonsmokers of all ages in the United States.
No recommendations for this finding
F2
Enforcement officers report that their primary focus when responding to MUH smoking violation complaints is to educate alleged smokers regarding the requirements of the smoking ordinances, and that most alleged smokers report being unfamiliar with the requirements of the ordinance.
No recommendations for this finding
F3
The Belmont, Brisbane, Daly City, Redwood City, San Bruno, and the County of San Mateo MUH smoking ordinances expressly prohibit retaliation against individuals who report a violation; however, the MUH smoking ordinances for Burlingame, Foster City, the City of San Mateo, and South San Francisco do not.
Related Recommendations (1)
R2
The cities of Burlingame, Foster City, San Mateo, and South San Francisco should amend their MUH smoking ordinances, by no later than December 31, 2018, to prohibit retaliation against individuals who report violations of the MUH smoking ordinances.
F4
Searches for “smoking” or “smoke” using the website search tool for Burlingame and Daly City81 do not yield any information regarding their MUH smoking ordinances, whereas the search tools for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F4.) 81 City of Burlingame website, accessed June 7, 2018. City of Daly City website, accessed June 7, 2018.
Related Recommendations (1)
R1
Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31, 2019: ● Publishing summaries of residents’ rights and obligations under their MUH smoking ordinances, including on their websites ● Publishing information on how to report violations of MUH smoking ordinances, including on their websites ● Informing residents that they can report violations of MUH smoking ordinances anonymously ● Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an MUH smoking ordinance ● Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance ● Ensuring that, upon typing the word “smoking,” or the like in the search features of their websites, users are directed to all information about the jurisdiction’s MUH smoking ordinance and related complaints process
F5
The websites for Burlingame, Daly City, Redwood City,82 the County of San Mateo, and South San Francisco do not contain summaries of their MUH smoking ordinances. The websites for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column
Related Recommendations (1)
R1
Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31, 2019: ● Publishing summaries of residents’ rights and obligations under their MUH smoking ordinances, including on their websites ● Publishing information on how to report violations of MUH smoking ordinances, including on their websites ● Informing residents that they can report violations of MUH smoking ordinances anonymously ● Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an MUH smoking ordinance ● Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance ● Ensuring that, upon typing the word “smoking,” or the like in the search features of their websites, users are directed to all information about the jurisdiction’s MUH smoking ordinance and related complaints process
F6
The websites for Belmont, Burlingame, Daly City, Redwood City,83 the City of San Mateo, and South San Francisco do not provide specific information on how to make complaints regarding MUH smoking violations. The websites for each of the other jurisdictions with MUH smoking ordinances do. (See Website Content Table below, column F6.)
Related Recommendations (2)
R1
Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31, 2019: ● Publishing summaries of residents’ rights and obligations under their MUH smoking ordinances, including on their websites ● Publishing information on how to report violations of MUH smoking ordinances, including on their websites ● Informing residents that they can report violations of MUH smoking ordinances anonymously ● Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an MUH smoking ordinance ● Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance ● Ensuring that, upon typing the word “smoking,” or the like in the search features of their websites, users are directed to all information about the jurisdiction’s MUH smoking ordinance and related complaints process
R6
Each jurisdiction with an MUH smoking ordinance should, by December 31, 2018, conduct a review of current methods used by the public to report MUH smoking violations and possible improvements (including online reporting on their websites and use of mobile phone apps) to ensure ease of reporting.
F7
The websites for the cities of Belmont, Brisbane, Foster City, Redwood City,84 San Bruno, San Mateo, and South San Francisco, as well as the County’s Health System website (for unincorporated San Mateo County) have links on their home pages that lead to information on how to report specific types of nuisances such as barking dogs, loud parties, abandoned mattresses, and shopping carts. However, these links do not provide information on how to report MUH smoking violations. Burlingame’s website links to Code Compliance from its home page.85 (See Website Content Table below, column F7.)
Related Recommendations (2)
R1
Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31, 2019: ● Publishing summaries of residents’ rights and obligations under their MUH smoking ordinances, including on their websites ● Publishing information on how to report violations of MUH smoking ordinances, including on their websites ● Informing residents that they can report violations of MUH smoking ordinances anonymously ● Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an MUH smoking ordinance ● Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance ● Ensuring that, upon typing the word “smoking,” or the like in the search features of their websites, users are directed to all information about the jurisdiction’s MUH smoking ordinance and related complaints process
R6
Each jurisdiction with an MUH smoking ordinance should, by December 31, 2018, conduct a review of current methods used by the public to report MUH smoking violations and possible improvements (including online reporting on their websites and use of mobile phone apps) to ensure ease of reporting.
F8
The websites for Brisbane, San Bruno, and the County of San Mateo (on the County Health System website) provide information about the TPP or TEC or how to contact them regarding an MUH smoking issue. The websites for the other MUH jurisdictions do not. (See Website Content Table below, column F8.) 82 Redwood City’s smoking ordinance is partially implemented: effective January 1, 2018 for all new units and January 1, 2019 for existing units in MUH properties. Redwood City’s smoking ordinance is partially implemented: effective January 1, 2018 for all new units and January 1, 2019 for existing units in MUH properties. Ibid. 85 < https://www.belmont.gov> < http://brisbaneca.org> < https://www.burlingame.org> < https://www.sanbruno.ca.gov> < https://www.cityofsanmateo.org> Website Content of Jurisdictions with MUH Smoking Ordinances Jurisdiction F4. F5. F6. F7. F8. Search for Provides Provides Provides Provides “Smoke/ summary of information links to TPP/TEC Smoking” smoking on how to report info? yields ordinance? make specific smoking complaints nuisances ordinance about MUH other than information? smoking? smoking? Belmont Yes Yes No Yes No Brisbane Yes Yes Yes Yes Yes Burlingame No No No No No Daly City No No No Yes No Foster City Yes Yes Yes Yes No Redwood City86 Yes No No Yes No San Bruno Yes Yes Yes Yes Yes City of San Mateo Yes Yes No Yes No South San Francisco Yes No No Yes No County of San Mateo Yes No Yes Yes Yes
Related Recommendations (1)
R1
Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31, 2019: ● Publishing summaries of residents’ rights and obligations under their MUH smoking ordinances, including on their websites ● Publishing information on how to report violations of MUH smoking ordinances, including on their websites ● Informing residents that they can report violations of MUH smoking ordinances anonymously ● Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an MUH smoking ordinance ● Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance ● Ensuring that, upon typing the word “smoking,” or the like in the search features of their websites, users are directed to all information about the jurisdiction’s MUH smoking ordinance and related complaints process
F9
In all MUH jurisdictions, the issuance of citations for violations of MUH smoking ordinances is limited by the need to (1) observe the violation in progress, (2) see other compelling evidence that a violation had occurred, or (3) have the alleged violator admit to law or code enforcement that he or she had been smoking in violation of the MUH smoking ordinance.
No recommendations for this finding
F10
The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos do not have smoking ordinances that restrict smoking in their multiunit residences, except in some common areas. Atherton, Hillsborough, and Woodside have no multiunit housing.
Related Recommendations (1)
R7
The towns/cities of Colma, East Palo Alto, Half Moon Bay, Menlo Park, Millbrae, Pacifica, Portola Valley, and San Carlos should, by December 31, 2018, hold public hearings to evaluate issues and hear residents’ views on restricting smoking in multiunit housing in their jurisdictions.
F11
The MUH smoking ordinances for the cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its unincorporated areas do not prohibit smoking medical marijuana in multiunit housing.
Related Recommendations (1)
R3
The cities of Brisbane, Burlingame, Daly City, and the County of San Mateo for its unincorporated areas should amend their MUH smoking ordinances, by no later than December 31, 2018, to prohibit smoking medical marijuana in multiunit housing.
F12
The TPP web pages do not include the following information: (a) a summary of residents’ rights and obligations under the MUH smoking ordinances in their jurisdictions, (b) links to each jurisdiction’s MUH smoking ordinance, and (c) information on how residents of multiunit housing can report violations of MUH smoking ordinances in their specific jurisdictions.
Related Recommendations (2)
R1
Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco and the County of San Mateo for its unincorporated areas) should improve their educational outreach to residents regarding such ordinances, including at a minimum each of the following, by no later than March 31, 2019: ● Publishing summaries of residents’ rights and obligations under their MUH smoking ordinances, including on their websites ● Publishing information on how to report violations of MUH smoking ordinances, including on their websites ● Informing residents that they can report violations of MUH smoking ordinances anonymously ● Informing residents, including on their websites, that it is unlawful for any landlord or other person to take any retaliatory action against them for having reported a violation of an MUH smoking ordinance ● Ensuring that information about reporting MUH smoking ordinance violations is just as readily accessible on their websites as information about other forms of nuisance ● Ensuring that, upon typing the word “smoking,” or the like in the search features of their websites, users are directed to all information about the jurisdiction’s MUH smoking ordinance and related complaints process
R8
TPP and TEC should update their web pages by March 31, 2019, to include the following: ● Links to MUH jurisdictions’ smoking ordinances and their summaries/FAQs ● Information on how to report violations of MUH smoking ordinances in each applicable jurisdiction
F13
TPP reported limited success in obtaining MUH smoking complaints data from jurisdictions, making it difficult to assess the efficacy of MUH ordinances and develop trend information. Redwood City’s smoking ordinance is partially implemented: effective January 1, 2018 for all new units and January 1, 2019 for existing units in MUH properties.
Related Recommendations (2)
R4
Each jurisdiction with an MUH smoking ordinance (Belmont, Brisbane, Burlingame, Daly City, Foster City, Redwood City, San Bruno, City of San Mateo, South San Francisco, and the County of San Mateo for its unincorporated areas) should, by June 30, 2019, evaluate ways to improve its collection and retrieval of complaints of MUH smoking violations so that: ● Information regarding each complaint of an MUH smoking ordinance violation, and the response to it (complaints data) is recorded in a searchable electronic database ● The jurisdiction can evaluate trends in the complaints data and the efficacy of the MUH smoking ordinance
R5
Each jurisdiction with an MUH smoking ordinance should, by December 31, 2018, make their complaints data (with names of alleged violators deleted) available to the TPP and TEC on at least an annual basis.
F14
The funding allocation from the California Department of Public Health’s Tobacco Control Program for TPP increased from $150,000 in FY 2016-2017 to $784,000 in FY-2017-2018.
No recommendations for this finding
Conclusions 1
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CL1 Page 14Undoubtedly, progress has been made through these ordinances to protect MUH residents by giving them clear, legal rights to seek protection from the dangers of secondhand smoke exposure. At present, the County and eight of its twenty cities have passed MUH smoking ordinances covering 82 percent of the county’s multiunit households. However, it is difficult to determine the impact that MUH smoking ordinances have made because the TPP, which could consolidate complaints data across the jurisdictions and look for trend information, has reported only limited success in obtaining such data from jurisdictions. Further, not all jurisdictions with MUH smoking ordinances interviewed by the Grand Jury systematically compile complaints data. As a result, decisions on how best to increase compliance with and enforce the ordinances can be difficult to make. The Tobacco Prevention Program and Tobacco Education Coalition can support compliance by providing signage with a phone number to report violations and reaching out to residents to explain their rights and obligations under the ordinances, as well as assisting jurisdictions with efforts to analyze complaints data.
No Responses Found 1
Government entities assigned to respond to this report. No response documents have been linked in our database.
San Mateo County Board of Supervisors
Elected County Office