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Monterey, 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
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.

View official code

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?
No. City Code § 22-29(b) lists beaches and the Recreation Trail among eleven places where smoking, including vaping and marijuana, is prohibited citywide, with no exception for the shoreline or the bike path.
Does Monterey's smoking ban cover vaping and marijuana, not just tobacco?
Yes. Section 22-29(a)(8) defines "smoke" or "smoking" to include electronic smoking devices and "any plant product intended for human inhalation," so e-cigarettes and marijuana are banned in the same posted areas as cigarettes and cigars.
Are Monterey's Fisherman's Wharf areas smoke-free?
Yes. Both Municipal Wharf I (Old Fisherman's Wharf) and Municipal Wharf II are listed by name in § 22-29(b)(10)-(11) as no-smoking areas, alongside covered parking lots and enclosed public buildings.
What happens if someone smokes where it's banned in Monterey?
The violation is declared a public nuisance under § 22-29(e)(4). Owners or operators who knowingly allow smoking on premises they control face the same liability, and workplace violations may instead be enforced under state Labor Code § 6404.5.

Sources & Official References

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