San Jose's Smoke-Free Air Ordinance under SJMC Chapter 8.36 prohibits smoking and vaping in city parks, transit stops, outdoor dining, multi-unit housing units, and balconies, with one of California's strongest local rules.
San Jose Municipal Code Chapter 8.36 (Smoke-Free Air Ordinance) bans smoking and electronic cigarette use in parks and trails, public transit stops and shelters, outdoor dining areas, service queues, ATM lines, and within twenty-five feet of building entries. The ordinance also prohibits smoking inside all units of multi-unit residential buildings (apartments and condos) and on balconies, patios, and common areas. Cannabis smoking falls under the same restrictions. Property owners must post signs and may evict tenants who violate after notice. The rule is among California's broadest local smoke-free policies, exceeding state requirements under Labor Code 6404.5 and AB-3088.
Citations are infractions starting at one hundred dollars and escalating to five hundred for repeat violations within a year; multi-unit landlords face separate fines for failing to enforce smoke-free policies.
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