Cupertino, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Reasonable distance
- 30 feet from a no-smoking area
- Outdoor bans
- Parks, dining areas, service areas, events
- Multi-unit housing
- Banned in units/common areas since Oct 2021
- Hotel exception
- Up to 20% of guest rooms exempt
- Penalty
- Infraction or Chapter 1.10 citation
Summary
Cupertino bans smoking in enclosed places of employment and public places, and extends the ban outdoors to recreational areas, dining areas, service areas and public events. Municipal Code Section 10.90.020 also requires smokers to stay a 'reasonable distance' of 30 feet from any area where smoking is prohibited.
“Reasonable distance” means a distance of 30 feet in any direction from an area in which smoking is prohibited. ... Smoking is prohibited in the following ... Unenclosed Areas: Places of Employment; Recreational Areas; Dining Areas; Service Areas; and Public Places when being used for a public event, including a farmer’s market, parade, craft fair, or any event which may be open to or attended by the general public, provided that Smoking is permitted on streets and sidewalks being used in a traditional capacity as pedestrian or vehicular thoroughfares, unless otherwise prohibited by this chapter or other law.
Full Breakdown
5(d), with narrow exceptions for theatrical productions and up to 20 percent of hotel guest rooms. Outdoors, the ban reaches Places of Employment, Recreational Areas such as parks, playgrounds, sports fields and skateboard parks, Dining Areas, Service Areas like bus stops and ATM lines, and Public Places during a farmer's market, parade, craft fair or similar public event, though smoking remains allowed on streets and sidewalks used as ordinary through-routes. 020 requires smokers in unenclosed areas to keep that distance from any doorway, window or vent into a no-smoking enclosed area and from any no-smoking unenclosed area.
030 separately bans smoking inside units and common areas of multi-unit residences as of October 1, 2021, unless the property manager designates a compliant smoking area. 020.
Violations & Fines
Section 10.90.060 makes a violation an infraction punishable under Chapter 1.12, or, alternatively, subject to an administrative citation and fine under Chapter 1.10. The City also treats any violation as a public nuisance, allowing the city attorney to bring a civil nuisance abatement action, and lets any person sue directly to stop ongoing violations and recover statutory damages and attorney fees.
Frequently Asked Questions
Can I smoke in a Cupertino park?
How close can someone smoke to a no-smoking area?
Is smoking banned in apartment buildings in Cupertino?
Sources & Official References
Other rules in Cupertino
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Santa Clara County handle outdoor smoking restrictions.