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

Milpitas Municipal Code Chapter 215 prohibits smoking in the enclosed areas of places of employment and public places, and in the unenclosed areas of recreational areas (parks, playgrounds, sports fields, trails, pools, skate parks), outdoor dining areas, service areas (bus stops, ATM lines, mobile vendor lines), and public places during a public event such as a farmers market, parade, or craft fair. "Reasonable distance" is defined as 25 feet in any direction from a nonsmoking area, and smoking within that buffer of any prohibited enclosed or unenclosed area is also banned, except while a person is actively passing through on the way somewhere else.

The ordinance defines "smoking" broadly to include tobacco, nicotine, cannabis, or any plant product, plus electronic smoking devices such as vape pens. Streets and sidewalks used in their normal capacity as thoroughfares remain exempt even during a public event. Separate rules under Section V-215-1.30 bar smoking inside units and common areas of multi-unit residences beginning January 1, 2022, unless the property manager designates a compliant smoking area. "No Smoking" or "Smoking" signs with one-inch letters, or the international no-smoking symbol, must be posted at every place where the Chapter controls smoking, though the absence of a sign is not a legal defense to a citation. The City Manager or a designee may enter places of employment, playgrounds, or sports facilities during business hours to inspect for compliance.