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

Sec. 04(a) states the core rule: smoking shall be prohibited in any and all public places within the City of Hayward, whether enclosed or unenclosed, and then lists specific covered locations, including elevators and restrooms, buses and other public transit along with their waiting areas and bus shelters, any service line such as an ATM or bus stop queue, the sites of public events like sports games and fairs, retail stores, enclosed common areas and 35 percent of the rooms at hotels and motels, restaurants, dining areas, and bars whether enclosed or unenclosed, public library and museum areas, theaters and performance venues, public meeting rooms, and sports arenas, recreational areas, parks, playgrounds, and greenways.

Sec. 06 sets the boundaries of that ban: private residences are exempt unless used as a child care or health care facility, and hotels and motels only have to keep 35 percent of guest rooms smoke-free. Sec. 07 requires 'Smoke Free' or international no-smoking signage to be conspicuously posted everywhere the ban applies, with theaters and restaurants specifically required to post signs at entrances. Sec. 03 extends the same ban to every facility, area, and vehicle the City of Hayward itself owns, leases, operates, or controls.

A separate section that once added a mandatory 20-foot buffer around building entrances, Sec. 05, was repealed by Ordinance 10-13 in 2010 and no longer applies.