Ban on smoking in apartments considered then tabled

The Fairfax Town Council, Wednesday night, briefly considered and then temporarily shelved an ordinance that would ban smoking in multi-unit apartment complexes.

The ordinance, brought by council member Larry Bragman, is designed to limit the amount of secondhand smoke that apartment dwellers are exposed to. Because many apartment complexes have shared common spaces, ventilation systems, patios, and closely-packed windows and doors, secondhand smoke from one apartment can enter another without those residents even necessarily knowing.

"Lots of people say, 'we're protected at work, what makes secondhand smoke any better at home?'" said Pam Granger of Smoke Free Marin.

Two forums were held over the past six months in which residents were able to voice concerns they had about a possible ordinance. The stories that some families and kids told "would just break your heart," said Granger, who also pointed out that kids and seniors are the most affected by pollutants in the air and spend large amounts of time in their homes.

"At home, it doesn't give you a choice to walk away," said Lydia Kind Heart.

At the forums, there were also those that felt the ordinance was too much of an intrusion into their lives.

"Where does this stop is my question?" said Mark Bell.

Mayor Lew Tremaine said that he was both a smoker and also "one of those people who feel as though this is an overreach by the government."

Tremaine called the ordinance "extreme" and said he had a number of concerns about the ordinance and argued that the way it was worded would ban 19 Broadway and Peri's from having ashtrays outdoors and would cut their outdoor smoking patios because of their proximity to other residences.

The question of where the line is drawn between individual rights and causing harm to others is what ultimately held the ordinance up, without a clear agreement.

"The health and the safety of the secondhand smoke recipient far outweigh the personal freedom intrusion of the smoker," said Bragman.

Bragman and Tremaine said they will work on the issue outside of the council and bring back a revised ordinance at the October meeting.