Secondhand Smoke Control Ordinance
Frequently Asked Questions for
Multiple Family Property Owners and Residents

When does the secondhand smoke control ordinance take effect?
The ordinance became effective on May 12, 2007.

Why was this ordinance adopted?
The Burbank City Council adopted the secondhand smoke control ordinance with the goal of limiting exposure by Burbank residents, workers, and visitors to secondhand smoke due to its documented negative health effects and the irritation and annoyance that can be caused by secondhand smoke.

Where is smoking prohibited in multifamily projects?
Smoking is prohibited in all indoor common areas including hallways, stairways, elevators, lobbies, laundry rooms, trash rooms, recreation rooms, and gyms. Smoking is also prohibited in all outdoor areas that are within 5 feet of any entrance, exit, walkway, or hallway.

Does this apply to apartments and condominiums?
Yes. The prohibition applies to all residential development projects including apartments, condominiums, retirement homes, nursing homes, assisted living facilities, and residential portions of mixed-use projects.

Can I smoke in my own unit?
Yes. The ordinance specifically allows smoking inside individual residential units without restriction. However, the property owner of any residential project may choose to designate some or all of the units as no smoking. Persons smoking in residential units that have been declared and posted for no smoking by the owner may still be prosecuted under the law.

Can I smoke on my own balcony or patio?
Yes. The ordinance specifically allows smoking on private balconies and patios that are connected to a residential unit and are generally accessible only to the people living in that unit. Smoking is allowed on private balconies and patios even when they are located within 5 feet of an entrance, exit, walkway, or hallway. Again, however, the property owner of any residential project may choose to designate some or all of the balconies and patios as no smoking.

Can I have a designated a smoking area?
Yes. Any property owner may designate a smoking area in a multiple family residential project in a location where smoking would otherwise be prohibited. All designated smoking areas must meet the following criteria:

• The smoking area is as small as practicable given the expected number of users, but is no smaller than 50 square feet with no dimension less than 5 feet.
• The smoking area is not located within 5 feet of any entrance or exit of any building open to the public or within 5 feet of any walkway leading to an entrance or exit.
• The smoking area has one or more signs clearly designating it as a smoking area.

If I see someone smoking in my complex, what should I do?
If you feel comfortable approaching the smoker yourself, you may notify the smoker that they are violating the law and ask them to stop or leave the area. The City of Burbank has created small cards that can be handed to smokers (and others) to remind them of the ordinance and the locations where smoking is prohibited.  The cards will be available soon from the Planning and Transportation Division office or you may print your own.

You may also notify your property manager or landlord. Property owners are required to enforce the smoking prohibition in areas under their control and can be cited if they knowingly allow smoking in a prohibited area. If you do not feel comfortable approaching the smoker yourself, or the smoker refuses to stop or leave, or you are not able to contact your manager or landlord, you may call the Burbank Police Department at (818) 238-3000 to enforce the law. Please do not call 911 to report violations of the secondhand smoke control ordinance. Please note that the Police Department is very busy handling many different types of issues throughout the City of Burbank at all hours of the day and night. Enforcing the secondhand smoke control ordinance may not be a top response priority.

Who should I contact if I have questions?
For further information, please contact the Planning and Transportation Division at (818) 238-5250.