Salinas, CA Public Conduct: Outdoor Smoking Restrictions (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?
Does the ban cover vapes and e-cigarettes?
Can bars allow indoor smoking in Salinas?
Who do I call to report a smoking violation?
Sources & Official References
Other rules in Salinas
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