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San Leandro, CA Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Buffer from doorways/windows
20 feet minimum
School buffer
300 feet from property line
First violation fine
$100 civil fine
Repeat violation fine
$500 per violation
Enforcing agency
San Leandro Police Department
Exempt sites
Tony Lema & Marina golf courses
Private lawsuit damages
$250 statutory per violation

Summary

San Leandro bans smoking in unenclosed public places under Municipal Code § 4-12-205, covering parks, playgrounds, golf practice facilities, service areas, transit stops, and the sites of public events such as festivals and farmers' markets. A 20-foot buffer keeps smoke away from doorways and windows, and smoking is barred within 300 feet of any school. The Police Department enforces civil fines that escalate for repeat violations.

Smoking shall be prohibited in the following unenclosed places within the City of San Leandro, except in such places in which smoking is already prohibited by State or Federal law in which case the State or Federal law applies: (a) Places of employment; (b) Service areas; (c) Public places, including dining areas; (d) Ticket, boarding, and waiting areas of transit depots and bus stops; (e) City and private parks, playgrounds, athletic facilities, and golf practice facilities (i.e., driving range and practice putting/chipping greens); (f) The sites of public events including, but not limited to, for example, sports events, entertainment, speaking performances, ceremonies, pageants, farmers' markets, festivals, carnivals, and fairs.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4967405; v8 updated 2026-07-06).

Full Breakdown

Article 2 of Chapter 4-12 (Smoking Pollution Control) extends San Leandro's smoking ban well beyond enclosed buildings. Section 4-12-205 prohibits smoking in unenclosed public places, service areas (ATMs, bus stops, ticket lines), transit depot waiting areas, and "City and private parks, playgrounds, athletic facilities, and golf practice facilities," as well as the sites of public events including sports events, ceremonies, farmers' markets, festivals, carnivals, and fairs. Section 4-12-300 layers on a "reasonable distance" rule, defined at a minimum of 20 feet, keeping smokers away from any entrance, window, or vent of a building where smoking is banned; bars are carved out from this buffer unless smoke drifts into a protected area.

Section 4-12-305 adds a stand-alone 300-foot no-smoking zone around any primary or secondary school's property line, on public property. Section 4-12-210 preserves two narrow carve-outs: the 18-hole Tony Lema Golf Course and 9-hole Marina Golf Course remain open to smokers, and private residential units (other than licensed daycare or health facilities) are unaffected. Every regulated location must post "No Smoking" or international no-smoking signage under Section 4-12-405, though a missing sign is not a defense to a citation. The San Leandro Police Department is designated the enforcing agency under Section 4-12-500(f), and violations can also be pursued by the Alameda County District Attorney as an infraction or misdemeanor.

Violations & Fines

The City Attorney may bring a civil action carrying a fine of up to $100 for a first violation, $200 for a second within one year, and $500 for each additional violation, with every day of continued smoking a separate offense. A person smoking where prohibited is also guilty of trespass, and if the area is publicly accessible the conduct is a declared public nuisance. Private citizens may sue too, recovering actual damages or $250 in statutory damages per violation plus attorneys' fees.

Frequently Asked Questions

Can I smoke in a San Leandro park?
No. Section 4-12-205(e) prohibits smoking in "City and private parks, playgrounds, athletic facilities, and golf practice facilities" throughout San Leandro, with the sole carve-out for the Tony Lema and Marina golf courses. Smoking at any other city or private park exposes you to the civil fines set out in Section 4-12-500.
How close to a building entrance can I smoke outside?
You must stay at least 20 feet away from any entrance, window, or vent into a building where smoking is banned, under the "reasonable distance" rule in Section 4-12-300. Bars are exempt from this outdoor buffer as long as smoke does not drift into a neighboring protected area.
What happens if I'm caught smoking near a San Leandro school?
Section 4-12-305 bans smoking on public property within 300 feet of any primary or secondary school's property line. The Police Department can cite violators, and the Alameda County District Attorney may also prosecute the conduct as an infraction or misdemeanor.
Can a private citizen sue over secondhand smoke in San Leandro?
Yes. Section 4-12-505 lets any private enforcer bring a civil action for actual damages or $250 in statutory damages per violation, plus restitution and attorneys' fees, and Section 4-12-510 separately declares secondhand smoke a nuisance any private citizen may sue to abate.

Sources & Official References

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