Fremont bans smoking in “additional” outdoor areas, changes smoking ordinance


Fremont City Council Amends Smoking Ordinance

Smoking Banned in Additional Outdoor Areas and Landlords Required to Disclose Smoking Restrictions to Tenants

Fremont, CA – January 11, 2013 – Today the City of Fremont strengthens its leadership as a forward-thinking Silicon Valley city by amending its Smoking Ordinance to better protect the public’s health and welfare. The City’s prior Smoking Ordinance was adopted in 1983 and had not been significantly updated since 1993-before State law banned smoking in indoor places of employment.

Every year the American Lung Association in California reviews and grades local smoking regulations of cities based on areas where the Association believes local action is needed and where the greatest health benefits can be derived. A city’s overall grade is based on three categories: 1) Smoke-free outdoor air protection; 2) Smoke-free in multi-unit housing; and, 3) Reducing sales of tobacco products. Last year, Fremont received a “D”, a grade not reflective of its commitment to public health.

In response, the Fremont City Council took immediate and purposeful action to revise the Smoking Ordinance by prohibiting smoking in public places and in places of employment. The revisions are aimed to limit unintentional exposure to second-hand smoke, as well as provide an environment supportive of smoking cessation efforts. The amendments took into consideration both the needs of smokers and the needs of non-smokers to breathe smoke-free air, and determined that when in conflict, the latter takes priority. The new Smoking Ordinance was adopted by the Council on Dec. 4, 2012, and became effective on Jan. 3, 2013.

“Over the years, Fremont has been recognized for being an ideal place to raise a family as well as a healthy, sharp, and bright city,” said Mayor Bill Harrison. “Amending the City’s Smoking Ordinance further demonstrates the City’s commitment to ensuring that Fremont remains a healthy and desirable place to live, work, and visit.”

The new Smoking Ordinance includes many amendments. Noteworthy ones include:

– Removes the smoking policy requirement for employers.
– Simplifies the reasonable distance between smoking and non-smoking areas to allow smoking 25 feet from building entrances, windows, and air intakes.
– Reduces the sign requirements to outdoor areas, including sidewalks in commercial areas, recreational areas, outdoor dining areas, and service areas.
– Bans tobacco product vending machines and redefines a retail tobacco store to include only those stores where 75 percent of the gross sales receipts are from the sale of tobacco or smoking products and accessories.
– Requires landlords/managers of multi-unit residential rental buildings to disclose smoking units, smoking areas, and smoking complaint policies to prospective tenants. The landlord is not liable for a tenant’s violation of the ordinance where the landlord has fully complied with the noticing requirements. The amendments to the ordinance declare second-hand smoke is a nuisance and allow a lawful tenant or property owner to bring a civil nuisance action without having to prove damages.

To view the new Smoking Ordinance, please visit, www.Fremont.gov/SmokingOrdinance.

Chris DeBenedetti


  1. What would we all do if a guy like Bill Harrison wasn’t looking out for our health?

  2. I am glad to see our Fremont City Council, deal with these big issue’s.

  3. Always nice when people care enough to involve themselves in do-good minutae . . . . while simultaneously ignoring the larger elephants in the room like . . . . .ummm . . . . Centerville perhaps?

  4. #2 Bruce…Quick,quick Vinnie needs his boots licked so get to it. That’s what you do best!
    #3 Boxie…I must say you do have a lot in common with this guy

  5. Centerville is the preeminant example of many millions wasted by Susan, Bill and Anu. They’ve written and re-written concept documents, allocated 100’s of thousands in redevelopment funds, doing both – REPEATEDLY – and to little or no productive end result.

    While they’ve offered up loads of excuses about why plans in this district get derailed they, at the same time, somehow find a way to execute similar development plans in other districts. Somenow the reasons offered as to why Centerville never makes forward progress dont seem to hinder other efforts, and during the “difficult” economic periods in time.

    SO – what’s the REAL difference?

    In response to this kind of thinking, Charlie asks you to suspend rational thought and offers for your consideration, some elementary-grade bathroom humor.

    Charlie has a long history of being an advocate for Susan, Bill and Anu.

    Do the math.

  6. What upset me about the Centerville fiasco is they sold the property to a developer for $1.00, yes one dollar, while we have in excess of 16 million dollars of taxpayers money invested.
    This is the essence of A FAILED leadership from our city council. I am not talking about the present council except Harrison and Anu. This mess goes back at least 20 years.
    Oh By the way, Dale Hardware across the street developed there property without any help from the city of Fremont, that is probably why it is sucessful.

  7. #5 Bruce…Does Vinnie Bacon misrepresent the facts or is he a lair? It is clear that your side was s fundamentlly dishonest in the way you successfully killed a major leauge sports franchise coming to Fremont. If Anu is looking for a *team player* to be appointed to the city council she better start looking for two new appointments because Bacon is *not* a team player…and don’t forget to demonize a developer while your at it. That’s what you do best!

  8. While I was in my secret /private place in which a person seeks concealment or seclusion it came to me that Bacon could well be a *liar…as in Vinnie is a liar who often tells lies to defeat what is in Fremonts best interest. What say you…bootlickers!

  9. It’s a good point . . . about Anu and “teamwork”. . . . because her “teamwork” and very courteous nature during this last election has served her sooo very well.

    I think if I’m Anu, I’m rethinking the entire equation which, at one time, held her in close alliance with the established Fremont power base but which also just threw her off the proverbial bus.

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