Bill Would Limit Smoking by Apartment Dwellers - & allows law suits if your smoke drifts

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[chance33_98]

Bill Would Limit Smoking by Apartment Dwellers

California smokers may soon have one less place to light up. A new law would make it difficult for apartment dwellers to smoke at home.

Assembly Bill 210 would make it illegal to smoke in any in any common area of a multifamily dwelling, including outdoors. It would also forbid use of tobacco products in any apartment not specifically designated a smoking unit.

If it becomes law, AB 210 would allow residents, landlords or homeowner's associations to sue tenants who allow second-hand smoke to drift beyond their apartments.

The bill's author says that the legislation is necessary because drifting smoke can be both a nuisance and a health hazard. "You can sue someone to force them to turn off their stereo at 2 a.m., but you can't sue someone to force them not to smoke, even though it comes into your apartment," said Assemblyman Joe Nation, D-San Rafael. "There's something wrong with that."

Critics say it's not the government's job to tell people where they can smoke, and call the measure a violation of their rights.

The bill comes up for committee hearings later this spring. Assembly Bill 210 can be read in its entirety by clicking on the link below.

Full Text of Assembly Bill 210

[Great Dane]

Ionizers works wonders, you could demand that people who smokes buy one, they not only get rid of the smoke, they also keep the smoke from building up on walls and what have you, price ranges from $200 to $400, bought one for our house.

[Great Dane]

they don't have a chip on their shoulder about their "right to smoke".

The chip on our shoulder... if any, is the heavy weight of fanatic anti smokers.

[Great Dane]

(he's an ex-smoker and their sometimes more anti-smoking than folks who never smoked).

Right, reformed smokers are the worst....... minion is one, I rest my case.

[Gabz]

"No smoking building" - do they make those?

When they add caveats about roaches and rodents to laws/ordinances such as this, I might consider supporting it.

I own an end unit townhouse in a neighborhood where most are rental units. When the people next door moved out and the place was being readied for new tenants, I was over run with roaches. The place next to that was vacated shortly after - same problem. But when a fire made the next unit uninhabitable I wound up with rats in my home.

Even my most die-hard "I hate smoking" friends would be more than happy to put up with a bit of their neighbors' cigarette smoke than what I have put up with living here.

As to your friend with her "not high-end" condo - she might want to consider moving elsewhere. My family of 3 lives on one salary, and we just bought a house that sits on nearly 2 acres of land and we're paying well under 100K.

[Gabz]

Your personal opinion and nothing else.

Your questions indicate that smokers have no idea either that they have no sense of smell left and that they have no clue how awful their smoke smells.

Explain then, the non-smokers that actually enjoy the smell of tobacco smoke? and further, please explain the smokers (like myself) that can not stand the smell of other types of things burning?

The ignorance of the smoker as to how bad this smells is the reason smokers and nonsmokers are at opposite ends. This ignorance is the root cause of their inconsiderate behavior.

The only ignorance here is coming from your keyboard. And the shame of it is that you well know it, but refuse to acknowledge it.

If you don't like the smell, it's real simple - stay out of places that permit smoking or speak to the owners of the establishments. Don't go running to nanny government to do what you are too wimpy to do on your own.

[CARepubGal]

I do not smoke but have many friends and coworkers who do. Every one of them is wonderfully polite: No smoking in my car and they make sure they are not sending SHS in the direction of non smokers. This law is pure unadulterated HorseHillary.

[Illbay]

Laws aren't for the polite. They're for the terminally IMPOLITE.

[Gabz]

Jihadis and the Control Freaks have a lot in common; they both seek to use the state to control, restrict and prohibit behavior they do not condone and in their unmitigating arrogance and self-righteousness, drawing upon a percieved divine dispensation makes their insistence on a code of conduct and behavior defined by them truly a nauseating spectacle.

Deserves repeating.

[Gabz]

The state creates the rights to begin with.

And you are posting here, why????

Since when did the "STATE" create anyone's rights???

I've had enough problem with you claiming government has rights, but to claim the government actually "creates" them is a very scary thing to me.

Please rethink what you have said here, because I really hope you mistyped what you were trying to say.

[philetus]

How much deposit money do you collect before someone moves into your apt. building?

Cigarette smoke ruined walls???
You mean you have to tear out the walls and replace them because they need to be washed and painted?

When you rent to non-smokers, you don't have to paint between tennants?

If a smoker rents from you for 1 year and then moves out, you put in new carpet?
I usually just have them cleaned unless they are threadbare because they haven't been replaced during the last 10 tennants.

[Gabz]

I won't disagree with you in general, regarding the regulations on rental properties.

However, I found out the hard way that the regs on an owner occupuied place, are far more onerous than those imposed upon the property that is a rental property.

That may not be true where you own property, but I know it for a fact where I own my own home and know numerous of the landlords in my neighborhood.

I realize that you are opposed to this legislation, but I really think you are opposed to it for the wrong reasons.

[Gabz]

The Blueprint for the complete Prohibition of tobacco products was written and set in motion thirty years ago. Anti-smoker nico-Nazis are following that blueprint step by step and at the same time using our Constitution for toilet paper. And many here think it's a good thing.

SHEESH is right!!!!!!!!!

[Gabz]

You're my kind of non-smoker!!! (you;ll never have to worry about me smoking around you!)

[Gabz]

They're for the terminally IMPOLITE.

Why aren't there any against you?????? IMPOLITE is a mild description for you.

[CARepubGal]

Ya know, common courtesy is all adults need to deal with each other.

[Dianna]

Nothing about unalienable property rights is there ? Without the state there is no such thing as a property right. They only exist because the state creates them. Granted the people created the state, but once they did the state is sovereign.

Much of our understanding of "rights" comes from the thinking of John Locke. The very first "property" rights we have is to our own body and the work it produces. From there, we can assume that we must have to right to own the things we buy with the labor our body produces, and so on and so on.

Our rights come from God because we are human. The government ONLY exists to safeguard our rights. For more information you can read Locke's Second Treatise on Civil Government. It's a fairly short book and explains these issues very well.

[Dasaji]

Unfortunately all it takes is a few jerk landlords and what should be done just because it is the right thing to do, becomes a regulation with penalties and enforcement..
__________________

As is the car business. We are regulated to death and I swear the paper industry kicks something back to the state for the amount of documentation we must file and keep.

[Dianna]

Actually without the state there is no such thing as property rights, except guns.

Utter nonsense. Unless I am a slave I own my labor. By extension, if I choose to convert the product of my labor into a house, a gun or whatever, I do own it.

Because we are all equal people with equal rights, we all share equally the ability to enforce our own rights. Out of convenience, we agree to allow the state to act on our behalf enforcing our rights. If the state did not exist, we would settle these disputes ourselves.

In this specific instance, it is very rare that anyone's right to life is being infringed. Property rights are being infringed upon. If you, by infringing upon my rights, declare yourself outside the bounds of natural law I have the right to defend my inherent rights using any means necessary to dissuade others from following your example.

The government routinely oversteps its bounds but my rights remain intact. Always.

[ARepublicanForAllReasons]

AB 210 would allow residents, landlords or homeowner's associations to sue tenants who allow second-hand smoke to drift beyond their apartments.

You can still smoke, you just can't open your doors or windows. Ever.

[chance33_98]

I also posted recently about an area where they wanted to ban smoking in car with kids. I think at this point they should just ban smoking, and everything else unhealthy, and be done with it...I don't know how the pioneers survived with so much freedom.