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1. Who does this impact?

This impacts any owner, operator, resident, and visitor, of a multi-unit residence and multi-unit residence common area.

A "Multi-Unit Residence" means a residential property containing two or more units, with one or more shared wall, floor, ceiling, or ventilation systems, including apartments, condominiums, duplexes, or townhomes and their patios and balconies.

A "Multi-Unit Residence Common Area" means any indoor or outdoor area of a Multi-Unit Residence accessible to and usable by residents of different units, including halls and paths, lobbies, laundry rooms, common cooking areas, outdoor eating areas, play areas, shared patios, shared balconies, shared restrooms, elevators and stairwells, swimming pools, carports, garages, and parking areas.

2. Can I smoke in my apartment?

No, starting January 1, 2020 smoking in multi-family units is prohibited in the City of Millbrae. Smoking is also prohibited in any multi-unit residence common area, as well as 40 feet from any multi-unit residence or common area.

3. Can I smoke in my duplex or triplex?

Smoking is allowed in duplexes and triplexes only if one of the units is owner-occupied. In all cases where a housing unit is rented or leased, property owners can prohibit smoking on the property and in housing units.

4. Does this impact single family residences?

This law does not impact the residents of single-family homes unless they are within 40 feet of a multi-family residence. The law does apply to single-family residences if they are within 40 feet of a multi-family residence.

5. If I live in a single-family residence, can I smoke in my backyard?

Yes, but only if you live more than 40 feet away from a multi-family residence.

6. What is the penalty for violating the City’s smoking ordinance?

Any person that violates the City's Smoking Control Ordinance is guilty of an infraction. Fines for committing an infraction are as follows:

1. A fine not exceeding $100 (one hundred dollars) for a first violation;
2. A fine not exceeding $200 (two hundred dollars) for a second violation of the same ordinance within one year; and
3. A fine not exceeding $500 (five hundred dollars) for each additional violation of the same ordinance within one year.

7. What are the responsibilities of landlords and property managers?

The owner, operator, manager, or other person having control of any building, structure, facility or place where smoking is prohibited shall post clearly and conspicuously at every entrance to such building or place "No Smoking" signs with letters of not less than one inch in height or the international

"No Smoking" symbol, consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it. Notwithstanding the foregoing, this does not apply to Multi-Unit Residences with three or fewer units.