Tracy, CA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- TMC § 5.36.100(u)
- Covers
- Entryways/exits of enclosed public buildings, restaurants, bars
- Enforcement
- City Manager or designee, § 5.36.050
- Private right of action
- Any citizen may sue to enforce chapter
- Signage
- Required at entries, replace within 5 working days
- Violation
- Unlawful under § 5.36.060
Summary
Tracy bans smoking at the entrances, exits, and outdoor entryways of every enclosed public building, workplace, restaurant, and bar under Municipal Code section 5.36.100(u). The prohibition sits inside a broader 1987-era clean-air ordinance covering retail stores, transit, theaters, and health facilities. The City Manager or a designee enforces it, and any private citizen may also sue to enforce the chapter.
Smoking shall be prohibited in the following public places and other public places similarly situated, including but not limited to, the following areas: ... (u)Entrances and exits to enclosed public areas, workplaces, restaurants and bars or within outdoor entryways of any enclosed public area, workplace, restaurant and bar.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 69).
Full Breakdown
Chapter 5.36, Article 2 of the Tracy Municipal Code (Smoking Pollution Control) lists the public places where lighting or holding a burning cigarette, cigar, pipe, or other smoking equipment is unlawful. Most of the list covers enclosed spaces such as retail stores, banks, elevators, restrooms, transit vehicles, theaters, libraries, health-facility hallways, and common areas of apartment buildings. Subsection (u) extends the ban outdoors: entrances and exits to enclosed public areas, workplaces, restaurants and bars, or within outdoor entryways of any enclosed public area, workplace, restaurant and bar. That is the only outdoor component in the section; the ordinance does not reach open-air city parks, trails, or restaurant patios that are not entryways to an enclosed building.
Every building or place regulated under the chapter must post "Smoking" or "No Smoking" signs, or the international no-smoking symbol, with letters at least one inch tall. Section 5.36.140(b) specifically requires outdoor sign requirements at or near the entry of every regulated building and in every outdoor area, and any sign that is removed must be replaced within five working days. Hotels and motels carry an added duty under section 5.36.150 to post signs in the registration and lobby areas confirming whether non-smoking rooms are available.
Enforcement runs through the City Manager or a designee under section 5.36.050, who may act on a citizen complaint, and the code separately authorizes a private citizen to bring a civil action to enforce the chapter regardless of City action. Owners, operators, and employers may adopt smoking rules stricter than the chapter under section 5.36.120, but cannot permit smoking anywhere the ordinance forbids it.
Violations & Fines
Smoking in any area section 5.36.100 designates as off-limits, including the entryways covered by subsection (u), is unlawful under section 5.36.060 and is charged as a violation of the chapter. Building owners, managers, and employers who fail to post the required signage, or who let smoking continue at a regulated entryway, are also subject to enforcement by the City Manager's designee or a private citizen's civil suit under section 5.36.050.
Frequently Asked Questions
Can I smoke right outside the door of a Tracy restaurant or store?
Does Tracy's smoking ban cover city parks or restaurant patios generally?
Who enforces Tracy's smoking rules and what happens if I ignore a posted sign?
Sources & Official References
Other rules in Tracy
California rules heatmap·Compare Tracy to another location·View the California public conduct overview
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