Can I Smoke On My Balcony In California

The “right type of room” means getting a smoking room or a room with a private balcony, so you can step out on the balcony and enjoy your weed legally. While it’s not a legal issue, the last thing you want is to be stuck in a 100% non-smoking hotel, in a room with no private balcony. As of January, 2012 California landlords have the right to restrict or even completely ban smoking on all or parts of the rental premises, common areas and individual units included. ( CC § 1947.5. ) If your rental agreement does not currently prohibit smoking, your landlord can give you a 30-day notice of change of terms of tenancy covering.

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Answer: No, you do not have to let James smoke on the balcony or even in his apartment, even though James is disabled and even though it is legal to smoke marijuana under California law with a.

Can i smoke on my balcony in california. “Smoke-free housing can be a good business decision,” the organization told its members in a white paper. In addition to a marketing advantage, it said, “Maintenance and turnover costs are. There's no question that marijuana is quickly becoming more mainstream. Today more than two dozen states offer some form of legal weed (meaning medical or recreational), while ten states offer full-blown legalization of the drug. However, there are still plenty of restrictions on marijuana possession and usage. While it is legal in some states, it's against the law to carry it over state lines. In my opinion, smoking on a balcony that results in smoke entering other balconies or units is prohibited. The act has priority over a condominium bylaw, which cannot permit smoking that.

My wife and I smoke at the balcony of our apartment, and I can see how that can be an inconvenience to neighbours even though that balcony is pretty much private property. Whether you’re a smoker or not, you’d know that cigarette smoke does not go straight into your lungs, nor does it remain there. For example, can a bar allow people to smoke marijuana if they already allow people to smoke tobacco? No, a business cannot allow marijuana smoking on-site, even if it’s a bar that allows. Id. Because landlords can regulate whether or not a tenant may smoke inside their own apartment, almost all San Francisco leases contain a “no smoking” clause that the tenant must follow. CAL. CIV. CODE § 1947.5. Where a lease does not prohibit smoking, a tenant can continue to smoke regardless of the landlord’s request to stop.

The air under my nose—smoke-free air from indoors—kept moving.. The combination of fan noise and outside traffic gave my balcony the ambience of an airport runway.. and Your California. Tobacco smoke is on the Proposition 65 list because it can cause cancer.. Exposure to tobacco smoke can cause leukemia and cancers of the nose, sinuses, oral cavity, larynx, pharynx, throat, lung, esophagus, stomach, breast, pancreas, colorectum, liver, kidney, ureter, bladder, uterus, cervix and ovary.; Tobacco smoke is also on the Proposition 65 list because it can cause birth defects or. This can include private units, as well as outdoor areas such as patios and balconies. People often mistakenly believe that there is a legally protected “right to smoke” or that a smokefree building policy would discriminate against smokers. However, there is no such legal right to smoke, and people who smoke are not a protected class.

Yes, it is now legal to smoke marijuana in California. But before you light up, it's important to know where you can and cannot smoke, as certain restrictions still apply. A good rule of thumb If. Unfortunately, smoke can come through your electrical sockets because apartments are all connected. You can limit how much smoke comes through by blocking the outlets. Use plugs or outlet seals to cover the socket. Push them into the socket and make sure the back of the plug is flush against the socket. The smoke generator is independent of the heating element so you can smoke with no heat at all (cheese, etc.). Also does an excellent job with salmon, ribs, brisket and poultry. We use it all year in Chicago (although some days we have to shovel a path to it). It produces no more smoke than a charcoal grill, albeit for 6 to 8 hours for brisket.

permitting secondhand smoke to enter your unit. 13. Nuisance. Some California cities have a law expressly stating that drifting secondhand smoke constitutes a nuisance. 14. If there is no such law in your city, you must rely on state law, which does not identify secondhand smoke as a nuisance. 15. To win in court under California Also read our more recent blog post (Oct. 2018): Changes to the Smoke-Free Act Affecting Condos. As part of the province’s Smoke-Free Ontario Strategy, Ontario has taken a further step towards a smoke-free Ontario. As of January 1 st, 2015, it is illegal to smoke on or around children’s playgrounds, publicly owned sports fields/surfaces and all bar and restaurant patios (whether covered or. To restrict smoking, an HOA can either adopt a rule or amend the existing CC&Rs. Rules are typically easier to challenge, making a CC&R amendment a more concrete approach to smoking restrictions. Under California law, an amendment to the CC&Rs for smoking is considered reasonable, but still requires the quorum approval of the owners.

Maybe. The answers to two questions will help determine this. 1. Are you legally (and per rules of your apartment complex) allowed to drink alcohol at said location? 2. Are you legally (and per rules of your apartment complex) allowed to smoke tob... I'm a smoker and yes, you can smoke on your balcony. The smoking rules on the grounds (out on the property) vary from visit to visit. :) One year you can smoke at the pool bar, the next year you can't (recently, you couldn't). They designate a couple areas for smoking but they're not very convenient and there's usually nowhere to sit. Even though at least one court in California has ruled that secondhand smoke is a nuisance (see Birke v. Oakwood Worldwide, 169 Cal. App. 4th 1540 (2009) ), keep in mind that these cases will likely be difficult to win without laws supporting your side.

I do see a couple of people go on their balconies and have a smoke all the time. I just want to know if it is legal to do so. I mean is the balcony technically part of my apartment? Am I allowed to smoke there? I read somewhere, but I cant find the link now, that the smoking bylaw here is made to ensure the right of everyone to clean air. According to ETS Exposure in the Home, California law is silent on smoking in and around residences. Some localities have much more restrictive rules, as may some HOAs. For example, Santa Clara County Ordinance NS-625.6 prohibits smoking in common... Examples of smoke being a nuisance or hazard for others include the effects of passive smoking from smoke drift. This means that if you smoke in your own apartment or balcony and your smoke drifts towards another resident’s balcony or unit, your actions may be considered a nuisance.

People who live in apartments and smoke are allowed to smoke on their balcony as long as its ok per their lease. You are allowed to avoid your balcony if the smoke bothers you. I hate smoke but it is part of living in an apartment building. Talking to your neighbors about it is rude IMO since you are trying to keep them from enjoying their.

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