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Marin County, CA Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
Marin County Code § 7.70.050
Buffer from doorways/crews
20 feet minimum
Fine range
$250 to $1,000 per violation
Enforcing agency
Dept. of Health and Human Services
Bar exception
One signed outdoor section, 20 ft from doors
Exempt
Single-family homes, retail tobacco stores

Summary

Unincorporated Marin County bans smoking in unenclosed public places under Marin County Code § 7.70.050: parks, outdoor dining, recreation areas, service lines, and public events. Smoking area exceptions exist only for stand-alone bars and single-family homes, and a 20-foot buffer applies near doorways and work crews.

City-specific rules exist: San Rafael has its own outdoor smoking restrictions rules that differ from Marin County's county-level regulations. If you live in San Rafael, check the city-specific page instead.

Except as otherwise expressly authorized by state or federal law, smoking shall be prohibited in the following unenclosed public places and places of employment:1.Public places;2.Places of employment;3.Any place where food and/or drink is offered for sale, including outdoor dining areas of restaurants and farmers markets, except unenclosed areas of a stand-alone bar. If smoking is permitted in the unenclosed area of a stand-alone bar, the entire smoking section must be limited to one designated area clearly marked with signs, and must be located at least twenty feet from any doorway or opening into an enclosed area. ... 6.Courtyards and other areas where air circulation may be impeded by architectural, landscaping or other barriers;7.Within twenty feet of working road or building and construction crews;8.Recreation areas;9.Service areas; and10.Public events including, but not limited to, sports events, entertainment, speaking performances, ceremonies, pageants, fairs and farmer's markets.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 2026 Update 1).

Full Breakdown

050(A) prohibits smoking in unenclosed public places and places of employment, listing ten specific settings: public places generally, places of employment, any outdoor dining area including restaurant patios and farmers markets (except a stand-alone bar's designated smoking section), a reasonable distance from any doorway into a smoke-free enclosed area, service area lines, courtyards where air circulation is blocked, within 20 feet of road or building construction crews, recreation areas, service areas, and public events such as fairs, sports events and pageants. 020 defines "reasonable distance" as a minimum of 20 feet, and defines "recreation area" to include parks, public gardens, children's play areas and sporting facilities.

A stand-alone bar may keep one outdoor smoking section if it is clearly signed and set at least 20 feet from any doorway, and smoke cannot drift into adjacent businesses or residences. 050(B) additionally bars anyone from placing an ashtray or ash receptacle in a designated nonsmoking area, and subsection (C) bars disposing of smoking or tobacco product waste inside a no-smoking zone, including within the 20-foot buffer. 070 exempts single-family dwellings (unless used as childcare or health care) and retail tobacco stores from these unenclosed-area restrictions. 260. 120(D)-(E).

Violations & Fines

Smoking in a place barred by § 7.70.050, or placing an ashtray or discarding smoking waste in a posted no-smoking zone, is an infraction under § 7.70.130(E) carrying a civil fine of not less than $250 and not more than $1,000 per violation. Owners, managers or operators who let patrons or employees violate the chapter are separately liable, and violators may also owe the county reimbursement for administration, re-inspection or citation costs under § 7.70.130(F).

Frequently Asked Questions

Can I smoke on a restaurant patio in unincorporated Marin County?
No. Section 7.70.050(A)(3) bans smoking anywhere food or drink is sold outdoors, including restaurant patios and farmers markets, except inside a stand-alone bar's single designated smoking section that is signed and kept 20 feet from any doorway.
Is smoking allowed in county parks?
No. Recreation areas, defined in § 7.70.020(T) to include parks, public gardens and children's play areas, are listed as prohibited unenclosed places under § 7.70.050(A)(8), so smoking there violates the chapter.
What is the fine for smoking in a banned outdoor area?
Section 7.70.130(E) makes a violation an infraction with a civil fine of at least $250 and up to $1,000 per violation, and the county can also bill the violator for added administration or citation costs under § 7.70.130(F).
Who enforces the outdoor smoking ban in unincorporated Marin?
The director of the Department of Health and Human Services or a designee enforces § 7.70.050 under § 7.70.120, with support from Fire, Environmental Health and Parks staff during routine inspections; any citizen may also file a complaint or sue to enforce the chapter.

Sources & Official References

Other rules in Marin County

All Marin County rules

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