A subcommittee Tuesday sought input from the National City City Council and public about the possible implementation of a no-smoking ordinance prohibiting smoking in and around multi-unit residences and duplexes in National City.
After listening to a room full of supporters, council members decided to modify and revisit the potential ordinance in October.
Revisions of the potential ordinance would include clarity on enforcement. Council members said issues regarding which department will enforce the law remains a question, whether it is code enforcement, police or city staff.
“I think it is important to all of us here that if we are going to implement something, that we’re going to be able to enforce it,” said Councilwoman Mona Rios.
“Because implementing is one thing but enforcing it is actually what’s going to change this.”
Councilwoman Alejandra Sotelo-Solis said she would like to see if more resources would need to be available for enforcement, and if the city’s budget can provide such resources.
The proposed ordinance addresses no smoking in duplexes, housing units of four or more, rental units and owned condominiums.
The subcommittee consists of Mayor Ron Morrison, Councilman Louie Natividad, Director of Emergency Services Frank Parra, tenants and property owners.
Non-smoking advocates and a few residents agreed with the potential ordinance stating the health risks that come with smoking.
Dr. Suhail Zavaro, a cardiologist affiliated with Sharp Health Care, said he supports the action because of the health risks involved with smoking.
He also asked city council to expand the ordinance to include electronic cigarettes.
“In addition to nicotine, e-cigarettes contain other additives that may have their own toxicity,” he said.
Property owner Lee Harvey has an issue with the third party beneficiary clause in the ordinance.
“I have nothing at all against this (ordinance) trying to do something with the smoking issue,” she said. “My issue is the fact that someone wants to come in and instill themselves as a partner in a contract between us and our residents.”
“The concern is that a lawsuit can be brought by a third party who doesn’t live in the complex,” Parra said.
For example, if a tenant suffers health issues from second-hand smoke from another tenant, then a third-party can step in and sue the alleged tenant at fault.
