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

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

Key Facts

Governing section
Madera Municipal Code § 5-7.03(B)
Covered areas
Outdoor dining areas, recreational areas
Smoking definition
Includes cannabis and vaping devices
Enforcement
Code Enforcement Division; citizen suits allowed
Exceptions
Streets, sidewalks, golf courses, private clubs

Summary

Madera bans smoking, defined to include cannabis and vaping devices, in unenclosed public places such as outdoor dining areas and recreational areas like parks and playgrounds, under Madera Municipal Code § 5-7.03(B). The Code Enforcement Division enforces the ban, and any private citizen may also sue to enforce it.

SMOKING. Lighting, inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant product (e.g., cannabis) intended for inhalation, whether natural or synthetic, in any manner or in any form. SMOKING includes the use of an electronic smoking device that creates an aerosol or vapor, in any manner or in any form, or the use of any oral smoking device for the purpose of circumventing the prohibition of smoking. ... (B) Smoking is prohibited in all unenclosed public places within the city, including, but not necessarily limited to, the following places: (1) Outdoor dining areas; (2) Recreational areas.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2024 S-50: Current through Ordinance 1010 C.S., passed 6-5-24).

Full Breakdown

Madera Municipal Code § 5-7.02 defines SMOKING broadly: lighting, inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, pipe, or other tobacco or plant product, expressly naming cannabis, plus the use of any electronic smoking device that produces an aerosol or vapor. Section 5-7.03(B) then bans that smoking in all unenclosed public places within the city, listing outdoor dining areas and recreational areas by name; RECREATIONAL AREA is defined under § 5-7.02 to include parks, picnic areas, playgrounds, sports fields, walking paths, gardens, bike paths, riding trails, swimming pools, and skateboard parks, whether publicly or privately owned, as long as the public uses them for recreation.

Section 5-7.04 carves out a short list of exceptions: private residences (including attached garages, unless run as a day care), hotel and motel rooms rented to guests, tobacco stores, private club events closed to the public, city streets and sidewalks except where state law bars smoking there anyway, golf courses, and other city property the City Manager designates. Outside those carve-outs, an owner, operator, or manager can also voluntarily declare an entire establishment smoke-free under § 5-7.03(C). The Code Enforcement Division enforces the chapter under § 5-7.06, any resident can file a complaint with that division, and § 5-7.08 bars an employer from firing or retaliating against anyone for invoking rights under the chapter.

Violations & Fines

Smoking in a restricted outdoor area, such as a park, playground, or outdoor dining patio, is unlawful under § 5-7.07(B), as is failing, as an owner, manager, or operator, to keep a controlled premises compliant under § 5-7.07(A). Enforcement runs through the City's Code Enforcement Division, and § 5-7.06(D) also lets a private citizen bring legal action to enforce the ban directly.

Frequently Asked Questions

Can I smoke in a Madera park?
No. Madera Municipal Code § 5-7.03(B) bans smoking in recreational areas, a term that covers parks, playgrounds, sports fields, walking paths, and swimming pools, whether the property is public or private, as long as the public uses it for recreation.
Does Madera's outdoor smoking ban cover vaping and cannabis?
Yes. Section 5-7.02 defines SMOKING to include any lighted or heated tobacco or plant product, expressly naming cannabis, plus electronic smoking devices that create an aerosol or vapor, so the outdoor ban in § 5-7.03(B) applies to vapes and cannabis the same as cigarettes.
Are city sidewalks covered by the smoking ban?
No. Section 5-7.04(A)(5) exempts city streets and sidewalks from the chapter's smoking restrictions, except where state law separately prohibits smoking there.
Who enforces Madera's outdoor smoking ban?
The City's Code Enforcement Division under § 5-7.06, which takes resident complaints directly. Section 5-7.06(D) also lets a private citizen bring their own legal action to enforce the ban.

Sources & Official References

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