What is Smoke?
-
The direct burning or indirect heating of any
cigar, cigarette, pipe, electronic smoking
device, or any similar kind of smoking
equipment or article, using any form of
tobacco, plant product, or other combustible
substance in any form, or
-
The holding or carrying of a lighted or
operated cigar, cigarette, pipe, electronic
smoking device, or any other lighted smoking
equipment or device, or
-
Emitting or exhaling the smoke directly
from a cigar, cigarette, pipe, electronic
smoking device, or any other lighted smoking
equipment or device.
What is a Multi-Unit Residence?
A residential property that contains two
(2) or more units rented or available to be
rented and not occupied by a landlord
of the premises. This does not include
condominiums, mobile home parks, hotels
or motels. The following types of housing are
specifically excluded from this definition:
- A single-family home; a detached or
attached accessory dwelling unit on a
single- family zoned property; a hotel;
and a mixed hotel/common interest
development project.
Smoking Prohibited in
Multi-Unit Residences
It is unlawful for any person to smoke in any
multi-unit residence, including in a unit or
common area of the multi-unit residence,
unless in a designated smoking area.
Posting of Signs Required
“No Smoking” or “Smoke Free” signs shall be clearly
posted by the landlord, operator, manager, or other
persons having control of such room, building, or
other place where smoking is prohibited.
Required Lease Terms for All
Units in Rental Complexes
Prior to the effective date of a new lease, or of an
amendment that extends the term, a landlord shall
provide each tenant and prospective tenant in a
rental complex with:
1. A written notice clearly stating that as of July 28,
2022, smoking is prohibited in the rental complex,
including but not limited to within the unit and all
common areas.
Every lease or other rental agreement for the
occupancy of a unit in a rental complex entered
into, renewed, or continued month-to-month after
July 28, 2022, shall include, or be amended to
include provisions.
Private Enforcement
Any person, including a legal entity, organization,
or a government agency, acting for the interests
of itself, its members, or the general public, may
bring a civil action against any person violating the
provisions.
Frequently Asked Questions
Smoke-free multi-unit housing policies are local
laws and ordinances that regulate smoking in all
residential units with shared walls, most typically
rental units in apartment buildings. The City of
Riverside recently adopted its own smoke free
multi-unit housing ordinance which is in effect
now.
Per the California Department of Public
Health, secondhand smoke is toxic and can
travel through vents, pipes, windows and small
cracks in drywall, and plaster between adjoining
units. Smoke can also be absorbed into carpets,
drapes, furniture, clothes and toys. The harmful
chemicals found in smoke can be present in
the air for months after exposure. Because
of this, the separation of smoking from nonsmoking
residences or units does not eliminate
exposure to secondhand smoke. The only way
to completely prevent exposure to secondhand
smoke in apartments/multi-unit housing is by
implementing a smoke-free policy for all units.
The smoke free multi-unit housing
ordinance (Riverside Municipal Code 6.27)
applies to all multi-family housing with 2 or
more dwelling units within the City of Riverside
excluding condominiums, townhomes,
hotels/motels, accessory dwelling units with
a detached unit on a single-family zoned
property, and mobile homes.
The law took effect on July 28, 2022.
No. This law shall be in force prior to the
effective date of a new lease, or of an
amendment that extends the term or
renegotiates the terms. All new leases
moving forward must include the smoke free
provisions.
(951) 826-5311 | RiversideCA.gov/311
Code Enforcement Division
(951) 826-5633
Monday – Friday
7 A.M. – 5 P.M.
- Code Enforcement Division: (951) 826-5633
Monday through Friday between
7 A.M. and 5 P.M.
- The actual ordinance can be found by
visiting the City of Riverside Municipal
Code Section 6.27 at:
Library.Municode.com/ca/riverside/
codes/code_of_ordinances
- RUHealth.org/public-health/tobaccocontrol-
project
If your neighbor is smoking in a designated nonsmoking
area, please contact your property manager
or landlord to report this.
Your landlord can take private civil action
to enforce the terms of your lease. In addition, the
City does have the ability to issue administrative
citations for between $100-$500 per violation.
If you own or manage a multi-family housing
development such as an apartment building, triplexes,
duplexes, etc., The law obligates you to designate
this property as smoke free. You may designate an
outdoor smoking area and you must post “no smoking”
signs throughout the property. In addition, you are
required to include non-smoking lease terms and a
copy of this law with all new leases and all existing
leases at the time they are amended, extended, or
renegotiated.
Yes. This designated smoking area must not be
in an enclosed area located at least 25’ from any
enclosed areas, play area, swimming pool or other
recreation area, be no more than 25% of the total
outdoor area, have a clearly marked perimeter with
signs posted in a conspicuous place, and not overlap
with any other areas designated as non-smoking.
“No Smoking” or “Smoke Free” signs shall
be conspicuously posted throughout the
property. Signage required by this section shall
be prominently displayed, shall clearly recite the
phrase “No Smoking” and/or use the international
no-smoking symbol and shall cite the appropriate
section of the City of Riverside Municipal Code.
(RMC 6.27) Such signs shall be posted not less than
five feet nor more than eight feet above the floor
and shall be of sufficient number and location to
cause the message of the signs to be clearly visible
and readable.
Any Person, including a legal entity,
organization, or a government agency, acting for
the interests of itself, its members, or the general
public, may bring a civil action against any person
violating the provisions of this Chapter. You may
enforce the terms of your lease.
The City is authorized to enforce this chapter
via any remedies available in Title 1.17 of the
Riverside Municipal Code including, but not limited
to, administrative citations, daily civil penalties and
the filing of infraction and misdemeanor complaints
with the Superior Court.
