San Fernando, Cal., Code of Ordinances ch. 24 § 24-7
Nuisance; other
Operative Text
(a) The provisions of this chapter shall be liberally construed to protect the public health to the maximum effect possible. Notwithstanding (i) any provision of this chapter or of this Code, (ii) any failure by any person to restrict smoking under this chapter, or (iii) any explicit or implicit provision of this Code that allows smoking in any place, nothing in this Code shall be interpreted to limit any person's legal rights under other laws with regard to smoking, including rights in nuisance, trespass, property damage, and personal injury or other legal or equitable principles. (b) Any violation of this chapter is hereby declared to be a public nuisance. (c) Nonconsensual exposure to smoke from smoking occurring on or drifting into residential property is a nuisance.
San Fernando Code of Ordinances ch. 24 § 24-7 establishes that the city's smoking regulations are meant to be read broadly in favor of public health protection. Any violation of the chapter is formally declared a public nuisance, and when smoke from smoking drifts onto or occurs on residential property without the affected resident's consent, that exposure itself constitutes a nuisance. Importantly, nothing in the city code limits anyone's existing legal rights under other bodies of law — such as nuisance, trespass, or personal injury claims — related to smoking.
Plain English — not legal advice.
Under San Fernando Code of Ordinances ch. 24 § 24-7, property owners and managers are generally expected to enforce the smoking rules in their chapter with the understanding that violations carry public nuisance status. Compliant operators typically take proactive steps to prevent smoke from drifting into neighboring residential units or onto residential property, since such exposure without consent is explicitly classified as a nuisance. Operators should also be aware that this provision preserves tenants' and neighbors' rights to pursue separate legal remedies beyond what the city code itself provides.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
San Fernando Code of Ordinances ch. 24 § 24-7 gives residents meaningful protections: nonconsensual exposure to smoke that originates on or drifts onto residential property is recognized as a nuisance under the city code. This provision also makes clear that the city code does not take away any rights a person may have under other laws, including claims related to nuisance, trespass, property damage, or personal injury. Tenants who believe this provision is being violated may consider documenting incidents, raising the nuisance classification with their landlord in writing, filing a complaint with the city, or consulting a tenant-rights organization to understand the full range of available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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