Buena Park, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- § 8.52.030, Chapter 8.52 Smoking Prohibited
- Covered locations
- Parks, outdoor dining, workplaces, public places, multiunit housing
- Buffer for smoking areas
- At least 50 feet from doors/windows
- Lease clause deadline
- New/renewed leases since Feb. 1, 2024
- Penalty class
- Infraction, Chapter 1.04 administrative citation
- Adopted by
- Ordinance No. 1725, effective 7/11/2023
Summary
Buena Park Municipal Code § 8.52.030 bans smoking, indoors and out, in the city's recreational areas, outdoor dining areas, places of employment, public event areas, public places and multiunit residences, unless state or federal law expressly authorizes it. Property owners and employers can go further and ban smoking anywhere on their land even where the city's list does not reach.
Except as otherwise expressly authorized by state or federal law, smoking is prohibited in the enclosed and unenclosed areas of the following places within the city: 1. Recreational areas; 2. Outdoor dining areas; 3. Places of employment; 4. Public event areas; 5. Public places; 6. Multiunit residences. ... Nothing in this chapter prohibits any person or employer with control over any property from prohibiting smoking on any part of such property, even if smoking is not otherwise prohibited in that area.
Full Breakdown
52, adopted by Ordinance No. 1725 in July 2023, prohibits smoking in the enclosed and unenclosed areas of six categories of place: recreational areas (parks, playgrounds, athletic fields, trails and other open-space zoned land), outdoor dining areas, places of employment, public event areas, public places, and multiunit residences. 'Public place' is defined broadly to include parking lots, plazas, community and civic centers, shopping areas, bus shelters and ATMs, though it excludes streets and sidewalks used only as thoroughfares. A 'designated smoking area' must be marked by signage and sit at least fifty feet from any door, window, air intake or place where smoking is otherwise banned, and must include a waste receptacle for tobacco product waste.
050, any person or employer controlling a smoking-prohibited area must post a clear 'No Smoking' or 'Smoke Free' sign at every entrance, and, for exterior signage, note the fifty-foot buffer; the presence or absence of a sign is not a defense to a citation. Beginning February 1, 2024, every new or renewed lease for a multiunit residence must include a clause making it a material breach to smoke on the unit, its balcony or patio, or in shared common areas outside a designated smoking spot.
04, each instance of smoking counts as a separate offense, and repeat violations by a person or business with control over the property can trigger suspension or revocation of any city permit or license tied to that property.
Violations & Fines
Smoking in a prohibited area, or an employer's failure to post required signage or enforce the ban, is charged as an infraction subject to administrative citation under Chapter 1.04, with each instance of smoking treated as a separate violation. Repeat violations by a property owner, manager or employer can lead to suspension or revocation of any city permit or license issued for that property.
Frequently Asked Questions
Can I smoke in a Buena Park park?
Does Buena Park's smoking ban cover apartment balconies?
What's the fine for smoking in a banned area in Buena Park?
Do restaurants have to post no-smoking signs in Buena Park?
Sources & Official References
Other rules in Buena Park
California rules heatmap·Compare Buena Park to another location·View the California public conduct overview
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