Modesto, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing chapter
- MC Title 5, Ch. 8, Art. 3
- Outdoor hospital buffer
- 100 feet from entrance/exit
- Outdoor parks/trails rule
- Ban on all publicly owned parks/trails
- Enforcing official
- City of Modesto Health Officer
- Transportation Center fine
- Up to $250 (Penal Code §640)
- Parks/trails ban effective
- April 7, 2017 (Ord. 3667-C.S.)
Summary
Modesto's Smoking Pollution Control Ordinance bars smoking in every enclosed public place citywide and, outdoors, within 100 feet of any hospital entrance or exit and on all publicly owned parks and trails. The Health Officer enforces the rule, and "smoking" is defined to include marijuana as well as tobacco and vapor devices.
(a)Except as otherwise provided, smoking shall be prohibited in all enclosed public places within the City of Modesto, including, but not limited to, the following public places:(1)Elevators.(2)Buses, taxicabs, and other means of public transit under the authority of the City of Modesto and ticket, boarding, and waiting areas of public transit depots.(3)Restrooms.(4)Service lines.(5)Retail stores...(7)Restaurants...(b)Except as otherwise provided, smoking shall be prohibited in the following unenclosed places within the City of Modesto:(1)Within one hundred (100) feet of the entrance and exit of any hospital. For purposes of this section, "hospital" shall mean a health care institution providing patient treatment with specialized medical and nursing staff and medical equipment;(2)Publicly owned parks and trails.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 71).
Full Breakdown
Title 5, Chapter 8, Article 3 of the Modesto Municipal Code prohibits smoking in enclosed public places such as restaurants, retail stores, service lines, restrooms and common areas of apartment buildings, and separately bans it outdoors within 100 feet of any hospital entrance or exit and on all real property the City of Modesto owns as parks or trails. 103 sweep broadly: "smoke" covers gases or vapor released by combustion, electronic ignition, or vaporization for human inhalation, expressly including tobacco smoke, cigarette smoke, marijuana smoke, and e-cigarette vapor, and "smoking" covers lighting or possessing a lit pipe, cigar, cigarette, hookah, e-cigarette, or any device generating smoke from tobacco, marijuana, or any other weed or plant.
501: private residences (unless used as child or health care facilities), retail tobacco stores, up to 50 percent of hotel and motel rooms, private club events closed to the public, and bingo halls in a separated enclosed room. Business owners, operators, or managers may voluntarily declare their entire premises nonsmoking. 601 requires "No Smoking" signs or the international no-smoking symbol posted conspicuously at building entrances, and every restaurant must post a sign at each entrance. The outdoor parks-and-trails prohibition was added later than the original 1994 ordinance, reaching its current scope through amendments effective December 24, 2015 and April 7, 2017.
Violations & Fines
Violating the smoking ban is a misdemeanor under Section 5-8.802, though the City Attorney may instead charge it as an infraction with a fine set under Section 1-2.01 of the Modesto Municipal Code. Smoking violations occurring at the Modesto Downtown Transportation Center can be cited as an infraction under Penal Code Section 640, capped at a $250 fine. The City may also pursue administrative penalties under Title 1, Chapter 6. Complaints go to the Health Officer or designee, and employers who fire or retaliate against a worker for asserting smoke-free rights face liability under Section 5-8.803.
Frequently Asked Questions
Can I smoke marijuana in a Modesto city park?
Are vape pens and e-cigarettes covered by the outdoor ban?
How close to a hospital can I legally smoke outdoors in Modesto?
What happens if I get caught smoking where it's banned?
Sources & Official References
Other rules in Modesto
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