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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Enforcing agency
Monterey County Health Officer
First-offense fine
Up to $100
Third-offense fine (12 mo.)
Up to $500
Ordinance effective
June 8, 2021 (Ord. 2645)
Hotel exception
Up to 20% of rooms may allow smoking
Covers
Tobacco and e-cigarettes/vaping

Summary

Salinas Municipal Code Sec. 16-11.030 bans smoking, including vaping and e-cigarettes, inside every enclosed public building, covered public parking structure, bus, taxi, transit vehicle, and outdoor "service area" such as an ATM line, bus stop, or transit waiting area, plus any property an owner posts as non-smoking. The Monterey County Health Officer enforces the ban, and violators face escalating infraction fines that rise to $500 for repeat offenses within a year.

Except as provided in this article, smoking is prohibited in the following places located in the City of Salinas:(a)Buildings. All enclosed areas of buildings which are open to the public.(b)Covered public parking lots and parking areas, including stairwells.(c)Buses, taxicabs, shuttles, or other means of transportation operating in the City of Salinas.(d)Service areas.(e)City-owned vehicles.(f)Where any person or entity that either owns or exercises management and control over the property and has declared the area, where smoking would otherwise be allowed, to be a non-smoking area and posts "No Smoking" signs as described in this article.(g)Enclosed places of employment.

Full Breakdown

Article XI of Chapter 16, rewritten in full by Ordinance No. 2645 (NCS) on June 8, 2021, finds secondhand smoke a Class A carcinogen and restricts smoking to protect involuntarily exposed employees and the public. 030 lists seven prohibited locations: enclosed public buildings, covered public parking lots and stairwells, buses/taxis/shuttles operating in the city, "service areas" (defined in Sec. 020(n) as outdoor lines for ATMs, ticket sales, bus stops, and transit-depot waiting areas), city-owned vehicles, any property an owner posts as non-smoking, and enclosed workplaces.

"Smoking" is defined broadly in Sec. 020(o) to include burning, heating, or vaping any tobacco product or electronic smoking device, including marijuana. The ordinance does not add outdoor restaurant patios, sidewalks, or parks to that enumerated list, so those areas stay smoke-legal unless the owner posts a "No Smoking" sign under subsection (f). Exceptions exist for private residences (unless used as licensed childcare or healthcare), government-operated facilities, bars excepted under Labor Code Sec. 5(f), licensed gaming clubs and bingo facilities limited to adults, patient smoking areas in long-term care facilities, and up to 20 percent of hotel/motel guest rooms (Sec.

150). Employers may designate a smoking breakroom only if it is separately exhausted outdoors, located where no employee must enter for work duties, and enough nonsmoking breakrooms remain available (Sec. 140). Owners must post "No Smoking" or "smoking prohibited except in designated areas" signs at every entrance, and hotels must post notice of available nonsmoking rooms (Sec. 160). 200 assigns enforcement to the county health officer or a designee, who may act on citizen complaints and request compliance certifications during other mandated inspections.

Violations & Fines

Smoking in a prohibited area is an infraction: up to $100 for a first offense, up to $200 for a second within twelve months, and up to $500 for a third within twelve months (Sec. 16-11.180(c)). The city may also pursue administrative fines under Article V of Chapter 1. Any prohibited smoking is declared a public nuisance, and aiding, permitting, or concealing a violation is itself a separate violation of the article.

Frequently Asked Questions

Can I smoke on a restaurant patio in Salinas?
Section 16-11.030 lists seven prohibited locations, and outdoor restaurant patios are not one of them. Patio seating stays smoke-legal unless the property owner exercises the option under subsection (f) to declare the area non-smoking and post signs, since the article does not extend its ban to open-air dining areas generally.
Does the ban cover vapes and e-cigarettes?
Yes. Section 16-11.020(o) defines "smoking" to include inhaling, exhaling, burning, heating, or carrying any lighted or heated tobacco product or electronic smoking device, so vaping is treated the same as cigarette smoking anywhere Section 16-11.030 prohibits smoking, including enclosed buildings and posted service areas.
Can bars allow indoor smoking in Salinas?
Bars are excepted from the ban only to the extent allowed by California Labor Code Section 6404.5(f), per Section 16-11.150(c). Outside that narrow state exception, Salinas treats bars like any other enclosed place of employment covered by Section 16-11.030(g).
Who do I call to report a smoking violation?
Section 16-11.200 puts enforcement with the Monterey County Health Officer or a designee. Any resident may register a complaint with that office to initiate enforcement, and the health officer may also require compliance certifications during other mandatory business inspections.

Sources & Official References

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