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

Chapter 8.80 prohibits smoking, including vaping through any 'Electronic Smoking Device,' in a Public Place or Place of Employment except in a designated area, and separately bans it in or on any Outdoor/Patio Dining Area or within 20 feet of that area's perimeter. 'Public Place' is defined broadly to include retail stores, restaurants, theaters, waiting rooms and educational facilities, and expressly extends to 'all City buildings owned, leased, or occupied by the City, and all City facilities, grounds, trails, and/or parks and recreational areas, whether or not enclosed.' Business owners may designate smoking areas using physical barriers and ventilation, but designation is barred entirely in retail stores, restaurants, theaters, libraries, museums, pharmacies, and any outdoor dining area open to the public, and a designated area still cannot be used for cannabis, which is separately banned under Chapter 5.54.

No-smoking signs must be posted conspicuously, with outdoor dining areas required to post a sign at every point of entry. Owners, operators and managers must comply and cannot serve anyone smoking in a posted no-smoking area; the City Manager can grant a business a narrow exemption for unique circumstances. Title 9's park rules go further: § 9.04.050(e) separately makes it unlawful to smoke or hold a lit or heated smoking device within 100 feet of any boundary of a municipal park, trail or facility, layering a wider buffer onto the Chapter 8.80 ban wherever parkland is involved.