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Mountain View, CA Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Outdoor places covered
Picnic areas, dining patios, amphitheater seating
Reasonable distance
25 feet from a no-smoking area
Playground buffer
30 feet under separate Sec. 21.57.1
First-offense fine
Up to $100 (Sec. 21.55)
Repeat fine
Up to $500 per added violation/year
Civil fine
$250 to $1,000 per violation

Summary

Mountain View extends its smoking ban outdoors to picnic areas, dining areas (including streets and sidewalks used for dining), and outdoor amphitheater seating, City Code Sec. 21.49. A companion rule, Sec. 21.49.5, bars smoking within a "reasonable distance," defined as 25 feet, of any doorway or unenclosed area where smoking is already prohibited.

"Reasonable distance" means a distance of twenty-five (25) feet in any direction from an area in which smoking is prohibited...smoking shall be prohibited in the following places within the city: ...e.Outdoor amphitheater seating areas, including both fixed and informal seating areas, with a view of the stage.f.Picnic areas.g.Dining areas...Smoking in all unenclosed areas shall be prohibited within a reasonable distance from any unenclosed areas in which smoking is prohibited under Sec. 21.49 of this article, except while actively passing on the way to another destination and provided smoke does not enter any unenclosed area in which smoking is prohibited.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 34 Update 4).

Full Breakdown

While Sec. 49 primarily lists enclosed places where smoking is banned, three of its eight categories reach outdoor spaces directly: outdoor amphitheater seating areas (both fixed and informal seating with a view of the stage), picnic areas, and dining areas, which the definitions section, Sec. 47, specifies includes streets and sidewalks available to or customarily used by the public for consuming food or drink. That means a restaurant patio or sidewalk cafe seating area in Mountain View is treated as a no-smoking dining area under the ordinance, not just enclosed dining rooms.

Sec. 5 then extends the reach further into open space: smoking in unenclosed areas is banned within a "reasonable distance," defined in Sec. 47 as 25 feet in any direction, of any doorway, operable window, opening, crack or vent leading into an enclosed no-smoking area, and separately within 25 feet of any unenclosed area already off-limits under Sec. 49, such as a picnic area or dining patio. Both distance rules carry a narrow exception for someone actively passing through on the way to another destination, provided the smoke does not drift into the protected area.

A related, separate rule bans smoking within 30 feet of any playground or tot lot sandbox area under Sec. 1, adopted in 2005, layering an additional child-focused outdoor buffer onto the general place-based ban. Enforcement runs through the city manager or designee, with the fire department authorized to collect self-certifications of compliance during annual inspections under Sec. 54.

Violations & Fines

Smoking in a restricted place under Sec. 21.49, or within the applicable 25-foot buffer under Sec. 21.49.5, is an infraction punishable by a fine of up to $100 for a first offense, up to $200 for a second within a year, and up to $500 for each additional violation within a year, under Sec. 21.55(e). The city can also pursue a civil action carrying fines of $250 to $1,000 per violation, and any violation is separately declared a public nuisance subject to abatement.

Frequently Asked Questions

Can I smoke on a restaurant patio in Mountain View?
No. Sec. 21.49 prohibits smoking in "dining areas," and Sec. 21.47 defines dining areas to include streets and sidewalks customarily used for consuming food or drink, so outdoor patio and sidewalk cafe seating is covered by the same ban as an enclosed dining room.
How close to a no-smoking area can I smoke outdoors in Mountain View?
Sec. 21.49.5 requires staying a "reasonable distance" away, which Sec. 21.47 defines as 25 feet in any direction from a doorway, window, vent or unenclosed area where smoking is already banned, unless you are simply passing through and no smoke drifts into the protected space.
What is the fine for smoking in a prohibited outdoor area in Mountain View?
Under Sec. 21.55, a first violation carries a fine of up to $100, a second violation within a year up to $200, and each additional violation within that year up to $500; the city can also bring a civil action seeking $250 to $1,000 per violation.

Sources & Official References

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