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Tracy, CA Public Conduct: Outdoor Smoking Restrictions (2026)

Light Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
No. Municipal Code § 5.36.100(u) bans smoking at the entrances, exits, and outdoor entryways of any enclosed public area, workplace, restaurant, or bar in Tracy. The rule targets the doorway zone specifically, not the whole outdoor area around a business.
Does Tracy's smoking ban cover city parks or restaurant patios generally?
The text of section 5.36.100 does not list parks, trails, or open patios as regulated areas; it prohibits smoking in enclosed public places and in the outdoor entryways to them. A patio entered directly through a restaurant's doorway would fall under the entryway language, but a freestanding park bench would not.
Who enforces Tracy's smoking rules and what happens if I ignore a posted sign?
The City Manager or a designee enforces Chapter 5.36 under section 5.36.050, and citizens can file complaints directly with that office. Smoking anywhere the chapter prohibits it is unlawful under section 5.36.060, and the code also lets any private citizen bring a civil lawsuit to enforce the ban.

Sources & Official References

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