Santa Clara County, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Enacting ordinance
- Ord. No. NS-625.7 (adopted June 24, 2014)
- Code citation
- County Code Ch. V, §§ B13-79–B13-88
- Where it applies
- Unincorporated county areas + County property
- Doorway buffer
- 30 ft from doors, windows, and vents
- Parks & trails
- Smoking & vaping banned on all County parkland/trails
- Covered products
- Smoking and electronic smoking devices (vaping)
Summary
In unincorporated Santa Clara County, and on any County-owned property, smoking and vaping are banned in County parks and trails, within 30 feet of doorways, windows, and vents of smoke-free buildings, at the County Fairgrounds, and in or within 30 feet of outdoor service areas such as bus stops, taxi stands, and ATM lines. These rules come from the County tobacco ordinance (County Code Chapter V, adopted by Ord. No. NS-625.7). Incorporated cities like San José and Santa Clara set their own, often stricter, rules within city limits.
Sec. B13-82(b): Smoking and the use of electronic smoking devices shall be prohibited at all unenclosed public places within the unincorporated areas of the County, including but not limited to: (1) In, or within 30 feet of, service areas. (2) County Fairgrounds. (3) Any public or private area located within 30 feet, in any direction, of any operable doorway, window, opening, or other vent into an enclosed area where smoking or the use of electronic smoking devices is prohibited, provided, however, that this prohibition shall not apply to any person who is smoking or using an electronic smoking device in the restricted area while actively traveling to another destination. (4) Hotels. (5) Shopping malls.
(c) Smoking and the use of electronic smoking devices shall be prohibited at all parkland and trails owned, maintained or leased by or from the County, wherever located.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 65).
Full Breakdown
Santa Clara County's tobacco ordinance, County Code Chapter V, adopted by Ordinance No. 7 in 2014, restricts where people can smoke and vape in the unincorporated parts of the county and on County-owned property. Outdoors, it prohibits smoking and electronic smoking devices in all County parks and trails, at the County Fairgrounds, in or within 30 feet of service areas such as bus stops, taxi stands, and ATM lines, and within 30 feet of any doorway, window, or vent leading into a smoke-free building (you are exempt only while walking through on your way elsewhere).
Indoors, the same ban covers enclosed public places and workplaces, restaurants, bars, hotels, retail stores, offices, and more. County-owned vehicles, vehicles for hire, and public transit in unincorporated areas are also covered. Detached single-family homes, one-person enclosed workplaces, and state or federal property are exempt. Because these rules apply only to unincorporated areas and County property, cities such as San José, Santa Clara, and Sunnyvale set their own smoking ordinances within their limits, and several are stricter.
Violations & Fines
Enforcement falls to the County Executive or designees, with the Fire Marshal or Public Health Officer able to check compliance during a business's regular annual inspection; any resident may report a violation. Owners, managers, and homeowners'-association officers who post the required “No Smoking” signage and notify violators are treated as compliant. This chapter does not set a specific fine schedule: penalties follow the County's general code-enforcement process, so check with County Public Health for current amounts.
Frequently Asked Questions
Can I vape in a Santa Clara County park?
Do these rules apply everywhere in the county?
How far from a building entrance do I have to be to smoke?
Sources & Official References
Other rules in Santa Clara County
California rules heatmap·Compare Santa Clara County to another location·View the California public conduct overview
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