Monterey, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- Monterey City Code § 22-29
- Beaches & Recreation Trail
- smoking prohibited
- Municipal Wharves I & II
- smoking prohibited
- Hotel/motel exception
- up to 65% of guest rooms
- Violation classification
- public nuisance, § 22-29(e)(4)
- Ordinance history
- Ord. 3442 (2010), amended 2013 & 2015
Summary
Monterey bans smoking, defined to include vaping and any plant product intended for human inhalation, on all beaches, the Recreation Trail, Municipal Wharves I and II, service areas, covered parking lots and inside any enclosed building open to the public under City Code § 22-29. Anyone who lights up in a covered spot is committing a public nuisance.
a. Definitions.The following words and phrases, whenever used in this section, shall be construed as defined in this section: ... 8.“Smoke” or “smoking” means inhaling, exhaling, burning, carrying, or possessing any lighted, heated, or ignited pipe, cigar, cigarette, cigarillo, hookah, electronic smoking device, or any plant product intended for human inhalation, or any other similar combustible substance in any manner or in any form. ... b.Smoking is prohibited in the following places located within the City of Monterey except as provided in subsection (c) of this section: 1.Beaches. 2.The Recreation Trail. ... 10.Municipal Wharf I (Old Fisherman’s Wharf). 11.Municipal Wharf II. ... 4.Any person smoking where smoking is prohibited by this section shall constitute a public nuisance.
Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 3721, passed July 7, 2026).
Full Breakdown
Section 22-29 defines "beach" as any sand area of a city park abutting Monterey Bay out to the Recreation Trail, and "Recreation Trail" as the paved bike and pedestrian path running from the Monterey Bay Aquarium to the Seaside city line. "Smoke" or "smoking" is defined broadly: inhaling, exhaling, burning, carrying or possessing any lighted, heated or ignited pipe, cigar, cigarette, cigarillo, hookah, electronic smoking device, or any plant product intended for human inhalation. That definition folds vaping and marijuana into the same ban as tobacco.
Subsection (b) lists eleven prohibited locations: beaches, the Recreation Trail, all enclosed public buildings, covered public parking lots and stairwells, buses/taxis/shuttles operating in the city, service areas (ATM lines, bus stops, ticket lines, transit waiting areas), city-owned vehicles, any property an owner has posted as nonsmoking, enclosed places of employment, and both Municipal Wharf I (Old Fisherman's Wharf) and Municipal Wharf II. 5(d)(1), and private residences except licensed family day care homes during operating hours with children present. Property owners, operators or managers must post "No Smoking" signs conspicuously wherever the section applies. The ordinance traces to Ord. 3442 (2010), amended by Ord. 3487 (2013) and Ord. 3530 (2015).
Violations & Fines
Smoking anywhere the section prohibits it is declared a public nuisance under § 22-29(e)(4). It is separately unlawful for any owner, manager, operator or other person controlling a regulated place to permit or allow smoking there in violation of the section, and causing, aiding, abetting or concealing a violation is itself a violation. Enforcement of the workplace ban runs through Labor Code § 6404.5 where it duplicates that state law, and otherwise through the general penalty provision at City Code § 1-1.06.
Frequently Asked Questions
Can I smoke on Monterey's beaches or the Recreation Trail?
Does Monterey's smoking ban cover vaping and marijuana, not just tobacco?
Are Monterey's Fisherman's Wharf areas smoke-free?
What happens if someone smokes where it's banned in Monterey?
Sources & Official References
Other rules in Monterey
California rules heatmap·Compare Monterey to another location·View the California public conduct overview
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Monterey County handle outdoor smoking restrictions.