Berkeley bans tobacco, cannabis, and vape smoking in nearly all public outdoor spaces, including commercial districts, parks, transit stops, dining patios, multi-unit housing balconies, and shared corridors of apartment buildings.
BMC Chapters 12.70 and 12.72 establish one of the broadest smoke-free perimeters in California. Smoking is prohibited in commercial areas including the Telegraph and Shattuck corridors, all city parks, recreation facilities, transit stops, dining patios, service-line queues, and within twenty-five feet of building entries. Multi-unit housing rules also forbid smoking inside any unit, on balconies, and in common areas of buildings with two or more units. Enforcement is complaint-driven, but BPD and code enforcement may issue citations, and landlords may use violations as just cause for eviction.
First-time infractions usually draw a citation; repeat offenses escalate fines, and tenants who smoke in violation of smoke-free housing rules can face lease enforcement up to eviction.
Other ordinances people look up for this city. Green dot = verified primary-source excerpt.
Berkeley, CA
Berkeley has no municipal ordinance limiting lawn ornaments, statues, or yard art on private property. HOA architectural guidelines under the Davis-Stirling ...
Berkeley, CA
Berkeley has no municipal ordinance limiting inflatable holiday decorations on private property. HOA architectural rules under the Davis-Stirling Act apply i...
Berkeley, CA
Berkeley has no municipal ordinance limiting holiday lights on private residential property. Restrictions come from HOA architectural rules under the Davis-S...
Berkeley, CA
Permanent outdoor kitchens in Berkeley require building, plumbing, electrical, and/or gas permits under BMC Chapter 19.28 (Building Code) when they include u...
Berkeley, CA
Berkeley treats outdoor smokers as open-flame cooking devices under California Fire Code 308.1.4 as adopted in BMC 19.48. Multifamily balcony setbacks (10 ft...
Berkeley, CA
Berkeley enforces the California Fire Code (CFC) as adopted in BMC Chapter 19.48. CFC 308.1.4 prohibits open-flame cooking on combustible balconies or within...
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