Multi-Unit Residential Smoking Ban


On July 23, 2019, the Millbrae City Council adopted an ordinance banning smoking in or around multi-unit residential housing.

Numerous citizens and organizations have expressed concerns and made complaints associated with the harm caused by second-hand smoke. Health hazards related to smoking and breathing second-hand smoke can include certain cancers and adverse respiratory effects, and worsen the quality of life for citizens with existing allergies and respiratory diseases. Studies have shown that tobacco and other products creating inhaled smoke or vapor are major contributors to air pollution and detrimental to the health, welfare and comfort of non-smokers, the elderly, children, and individuals with cardiovascular disease or impaired respiratory function.

The new law states that smoking is prohibited inside, or within 40 feet, of any multi-unit residence, and any enclosed or unenclosed multi-unit residence common area.

Prohibition of Smoking in Multi-Unit Residences

Effective January 1, 2020

  1. Smoking is prohibited inside any unit within a Multi-Unit Residence.
  2. Smoking is prohibited within any enclosed or unenclosed Multi-Unit Residence Common Area.
  3. Smoking is prohibited within a 40 foot radius in any direction of any Multi-Unit Residence Common Area or of any Multi-Unit Residence.
  4. Smoking is prohibited within any Service Area within a 40 foot radius in any direction of a Multi-Unit Residence and/or Multi-Unit Residence Common Area.
  5. All new residential leases in Multi-Unit Residences where smoking is prohibited must include a notice informing the tenant that:
    1. smoking is prohibited in the unit, in the Multi-Unit Residence Common Areas and within 40 feet of the Multi-Unit Residence and Multi-Unit Residence Common Areas, and
    2. violation of the prohibition on smoking is a material breach of the lease

Report a Violation

To report a violation of these ordinances or for information about the health impacts of smoking, please contact the City of Millbrae's Code Enforcement Hotline at 650-259-2440, or by visiting the Community Development Department's service desk in City Hall (621 Magnolia Avenue).