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

Chapter 5 of Division 10, adopted by Ordinance No. 19-17 in 2019, declares secondhand smoke a public nuisance and bans smoking in a sweeping list of locations. Sec. 4-10-502 defines "smoke" and "smoking" to include not just tobacco and electronic-cigarette vapor but explicitly "tobacco smoke, electronic cigarette vapors, and marijuana smoke," so the ban reaches cannabis consumption as well. Sec. 4-10-503(A) prohibits smoking, and bars designating any smoking area, in multi-unit residence common areas, places of employment, "public places", a term defined to cover streets, sidewalks, parks, picnic areas, playgrounds, sports fields, walking and bike paths, parking lots and structures, and any farmers' market, parade or festival open to the public, and outdoor patios and balconies of multi-unit residences.

Subsection (B) carves out three exceptions: private residential property (other than licensed child-care or health-care homes), the closed and separately accessible indoor or outdoor areas of commercial buildings and hotels, and inside a moving or stationary vehicle. Hotels, motels and bed-and-breakfasts may designate smoking areas such as guest rooms or pools under subsection (D). Sec. 4-10-505 extends the ban to all City-owned buildings, vehicles and outdoor property, and Sec. 4-10-504 bars smoking and open fires in any hazardous fire area marked with signage. Sec. 4-10-507 requires "No Smoking" or "Smoke Free" signs posted five to eight feet above the floor at controlled entrances.

Enforcement under Sec. 4-10-508 falls to the Irvine Police Department, peace officers and code enforcement officers, who may inspect during otherwise-mandatory business inspections; a violation is an infraction under Title 4, Division 13, and any aggrieved person may also bring a civil action under California Civil Code § 3501.