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Davis, CA Public Conduct: Outdoor Smoking Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Buffer distance
20 feet from protected outdoor areas
Enforcing agencies
City manager, police, fire department
First offense fine
Up to $50
Third+ offense fine
Up to $500 per conviction
Citizen enforcement
Private right of action allowed

Summary

Davis bans smoking, including e-cigarette vapor, within twenty feet of restaurant and bar patios, public event areas, building entrances, and any city park or greenbelt. Violators face escalating fines set by Davis Municipal Code Article 34.03.

(x) Smoking shall be prohibited in the following outdoor areas, and smoking, except while passing on the way to another destination, shall be prohibited within twenty feet of or close enough to the following areas for smoke to travel into an area or building, where smoking is prohibited, whichever is greater: ... (2) Seating provided by eating establishments and bars, ... (13) Public parks and greenbelts, ... § 34.03.090. Penalties. Any person who violates any provision of this chapter shall be subject to a citation and: (a) Upon the first violation shall be guilty of an infraction and, upon conviction, shall be subject to a fine not to exceed fifty dollars;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4915048; v22 updated 2026-05-19).

Full Breakdown

02 of the Davis Municipal Code lists specific outdoor places where smoking is prohibited outright, not just regulated: seating at eating establishments and bars, entrances and exits to enclosed public areas, stairways, courtyards, children's play areas, public gardens, and public parks and greenbelts. Beyond the listed places themselves, the code adds a 20-foot buffer, or a wider buffer if smoke can still travel into the protected area, that applies even to someone just passing through, unless they are literally walking on their way to somewhere else.

The city also names specific downtown parking lots and the length of G Street between 2nd and 3rd Streets as protected zones, and separately bans smoking in parking garages. 01 expressly reaches e-cigarettes and vaping devices, not just combustible cigarettes. 060. 050.

Violations & Fines

Under § 34.03.090, a first violation is an infraction carrying a fine up to $50; a second violation within a year is an infraction up to $200; a third or later violation within that same year jumps to an infraction fine up to $500 per conviction. Fines are cumulative with any other city, county, state or federal penalty for the same conduct under § 34.02.025(c).

Frequently Asked Questions

Can I smoke on a restaurant patio in Davis?
No. Section 34.02.010(x) specifically bans smoking in seating provided by eating establishments and bars, and extends the ban another 20 feet beyond the seating area itself.
Does the outdoor ban cover vaping and e-cigarettes?
Yes. Article 34.01's definition of smoking covers any e-cigarette that creates a vapor, so the outdoor restrictions in Article 34.02 apply equally to vaping devices and combustible tobacco.
Is it legal to smoke while walking through a banned zone?
Only if you are simply passing through on the way to another destination. Loitering, standing, or lingering to smoke within 20 feet of a protected area, such as a park entrance, is still a violation.

Sources & Official References

Other rules in Davis

All Davis rules

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