Marin County, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- Marin County Code § 7.70.050
- Buffer from doorways/crews
- 20 feet minimum
- Fine range
- $250 to $1,000 per violation
- Enforcing agency
- Dept. of Health and Human Services
- Bar exception
- One signed outdoor section, 20 ft from doors
- Exempt
- Single-family homes, retail tobacco stores
Summary
Unincorporated Marin County bans smoking in unenclosed public places under Marin County Code § 7.70.050: parks, outdoor dining, recreation areas, service lines, and public events. Smoking area exceptions exist only for stand-alone bars and single-family homes, and a 20-foot buffer applies near doorways and work crews.
Except as otherwise expressly authorized by state or federal law, smoking shall be prohibited in the following unenclosed public places and places of employment:1.Public places;2.Places of employment;3.Any place where food and/or drink is offered for sale, including outdoor dining areas of restaurants and farmers markets, except unenclosed areas of a stand-alone bar. If smoking is permitted in the unenclosed area of a stand-alone bar, the entire smoking section must be limited to one designated area clearly marked with signs, and must be located at least twenty feet from any doorway or opening into an enclosed area. ... 6.Courtyards and other areas where air circulation may be impeded by architectural, landscaping or other barriers;7.Within twenty feet of working road or building and construction crews;8.Recreation areas;9.Service areas; and10.Public events including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants, fairs and farmer's markets.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).
Full Breakdown
050(A) prohibits smoking in unenclosed public places and places of employment, listing ten specific settings: public places generally, places of employment, any outdoor dining area including restaurant patios and farmers markets (except a stand-alone bar's designated smoking section), a reasonable distance from any doorway into a smoke-free enclosed area, service area lines, courtyards where air circulation is blocked, within 20 feet of road or building construction crews, recreation areas, service areas, and public events such as fairs, sports events and pageants. 020 defines "reasonable distance" as a minimum of 20 feet, and defines "recreation area" to include parks, public gardens, children's play areas and sporting facilities.
A stand-alone bar may keep one outdoor smoking section if it is clearly signed and set at least 20 feet from any doorway, and smoke cannot drift into adjacent businesses or residences. 050(B) additionally bars anyone from placing an ashtray or ash receptacle in a designated nonsmoking area, and subsection (C) bars disposing of smoking or tobacco product waste inside a no-smoking zone, including within the 20-foot buffer. 070 exempts single-family dwellings (unless used as childcare or health care) and retail tobacco stores from these unenclosed-area restrictions. 260. 120(D)-(E).
Violations & Fines
Smoking in a place barred by § 7.70.050, or placing an ashtray or discarding smoking waste in a posted no-smoking zone, is an infraction under § 7.70.130(E) carrying a civil fine of not less than $250 and not more than $1,000 per violation. Owners, managers or operators who let patrons or employees violate the chapter are separately liable, and violators may also owe the county reimbursement for administration, re-inspection or citation costs under § 7.70.130(F).
Frequently Asked Questions
Can I smoke on a restaurant patio in unincorporated Marin County?
Is smoking allowed in county parks?
What is the fine for smoking in a banned outdoor area?
Who enforces the outdoor smoking ban in unincorporated Marin?
Sources & Official References
Other rules in Marin County
California rules heatmap·Compare Marin County to another location·View the California public conduct overview
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