Santa Clara, CA Public Conduct: Outdoor Smoking Restrictions (2026)

045 prohibits smoking in every open-air dining area, whether on private or public property, including tables set up in the public right-of-way, and extends the ban to a "reasonable distance" around that area. 020(j) defines "reasonable distance" as thirty feet in any direction. 048 separately bans smoking in unenclosed public places generally, naming public parks, service areas (ATM lines, transit stops, taxi lines) and any public place being used for a public event such as a farmers market, parade, craft fair or concert; streets and sidewalks used as ordinary pedestrian or vehicular thoroughfares are exempted unless another law bans smoking there too.

Both sections exempt a person who is simply passing through on the way to another destination. 050 within ninety days of adopting one, and must post that policy to staff within three weeks. 070, "No Smoking" signs at least six inches by four inches must be conspicuously posted at entrances and other places where the chapter bans smoking. 080 puts enforcement in the hands of the City, checked during other mandated business inspections, and also lets a private citizen bring a civil action to enforce the chapter directly.

An owner, operator or manager of a commercial establishment escapes liability for a patron's violation only by posting signage, verbally telling the patron to stop, and warning that continuing may violate the law; that protection does not cover an employer's own employees. 060.