Re: Tenant's Complaint About Other Tenant - Landlord Forum thread 268943

Re: Tenant's Complaint About Other Tenant by Katiekate (New York) on October 14, 2012 @11:15

He was talking about smoking OUTSIDE. Tell me one place that bans smoking OUTSIDE in public places...meaning public property...side walks, streets, etc.

Who is responsible for second hand smoke which you might have gotten because you decided to stand directly down wind of a smoker?

This is OUTSIDE.

About the TV... good luck getting a judge to agree with you about a loud TV during the day. Disturbing the peace has a specific legal definition...if your lease doesn't agree with the law..your lease would be basically unenforceable.

It never works to get into the spats between tenants. Regardless of how it comes out..the only sure loser will be the landlord.

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Re: Tenant's Complaint About Other Tenant by Bill on October 14, 2012 @11:31	[ Reply ]

"Tell me one place that bans smoking OUTSIDE in public places." Many states do not allow employees to smoke at public schools, inside or outside. Public universities are the same. Places of employment are likewise.

Re: Tenant's Complaint About Other Tenant by Anna Mouse on October 14, 2012 @13:28	[ Reply ]

This is not a government building it is a privately owned from what I understand.

Re: Tenant's Complaint About Other Tenant by Bill on October 14, 2012 @14:44	[ Reply ]

"Tell me one place that bans smoking OUTSIDE in public places." This was the woman's question. I answered it.

Re: Tenant's Complaint About Other Tenant by Anonymous on October 14, 2012 @15:13	[ Reply ]

The 1981 Oregon Indoor Clean Air Act (as previously amended in 2001) was amended to ban smoking statewide in all enclosed workplaces in Oregon, including bars and restaurants, as well as within 10 feet (3.0 m) of the entrances, exits, or windows of such places. McDonald's is a privately owned business. Smoking nearer than 10 feet from the doors or windows in prohibited by state law, even if that doorway opens directly onto a public sidewalk as most do in urban cities.

Re: Tenant's Complaint About Other Tenant

Re: Tenant's Complaint About Other Tenant by Freda DeMarco on October 15, 2012 @06:52	[ Reply ]

My past 2 employers had their own buildings, one being a state agency and both denied any person to smoke within something like 30 feet of any entrance or exit. The privately owned company had no shortage of smokers who enjoyed their smokes in the bathroom stalls or a closet. The state agency used the incentive of an additional $120 a month add-on to the health insurance if you smoked and I never saw any employee smoke anywhere on the grounds.

Re: Tenant's Complaint About Other Tenant by Anonymous on October 14, 2012 @12:21	[ Reply ]

In NYC, you are not allowed to smoke in many if not all of the public parks including Central Park. Companies, town government and LLs can designate a restriction on how far you must be from entrances, doorways or property in order to smoke. If this tenant is smoking outside right underneath or outside a bedroom window of another tenant, it is going to have the same effect as if they were smoking inside that bedroom next to the person. Just because a person is outside, doesn't mean it's a free for all to do as you please no matter how much it disturbs other paying tenants.

Re: Tenant's Complaint About Other Tenant by Bryan (Ia) on October 14, 2012 @15:59	[ Reply ]

If I remember what my uncle told me correctly, a few years ago Boulder, Co. banned smoking everywhere except in your own house. It was even illegal to smoke in your car while driving down the street.

Re: Tenant's Complaint About Other Tenant by Anna Mouse on October 14, 2012 @16:50	[ Reply ]

This is taken from the boulder law. 7. Where smoking is not prohibited A. Notwithstanding any other provision of this article to the contrary, the following areas shall be exempt from the smoking prohibitions set forth above: 1. Private residences, except when used as licensed child-care, certified adult day care or health care facilities, including the half hour before and after such use. 2. Up to twenty percent (20%) of guest rooms in lodging establishments, including but not limited to bed and breakfasts, hotels, motels, and inns. 3. Retail tobacco stores. 4. Performance halls to the extent necessary to allow smoking by a performer as part of a stage production. 5. Outdoor places of employment. 6. Private clubs. B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare that entire establishment, facility, or grounds as smoke-free. Also I read that it is government owned vehicles...I did not see a ban on privately owned vehicles. Here is Boulders definition of..... 9. "Public Place" means any enclosed area to which the public is invited or in which the public is permitted, including but not limited to, attached and freestanding bars, banks, commercial bingo facilities, convention halls, licensed child-care or certified adult day care, medical or health care facilities, educational facilities, laundromats, performance halls, polling places, professional offices, public transportation facilities and vehicles, reception areas, restaurants, retail food production and marketing/grocery establishments, retail service establishments, retail stores, sports arenas, and theaters. All areas of an establishment that are open to, or customarily used by, the general public, including but not limited to elevators, restrooms, lobbies, reception areas, hallways, waiting rooms, and other common area, are "public places." A private residence is not considered a "public place" except when used as a licensed child-care, certified adult day care, or health care facility, and shall not be subject to this ordinance except for the time period beginning one half hour before and ending one half hour after the hours of operation of such licensed child-care, certified adult day care or health care facility. Common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple-unit residential facilities are "public places." A private club is considered a "public place" only when functions are held at the club which are open to the general public and are not restricted to the members of the club.

smoking outside by Emma on October 15, 2012 @10:15	[ Reply ]

Katie- FYI: It's against the law to smoke on a public beach in Southern California. There are probably designated areas and if someone has to smoke, they should do it there. You might be smoker yourself so maybe you don't get how bad it is if someone is smoking near your home/windows and that smoke contaminates your living space. It's a real issue and very bad for people who are affected by second hand smoke. I do not recommend ignoring it.

Re: smoking outside by Anonymous on May 19, 2014 @00:11	[ Reply ]

smoking on patio