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

Tustin City Code § 4122 bars smoking or using a tobacco product in three settings: any public place or place of employment outside a designated smoking area, any City-owned building or facility leased or operated by the City, and any public park. Section 4121 defines "public park" broadly to include every park operated by the City or any privately owned park generally open for public use, plus the sidewalks and rights-of-way immediately adjacent to it, and defines smoking to cover electronic smoking devices that create an aerosol or vapor as well as burning tobacco or plant products.

Section 4126(d) closes off any argument that the park ban leaves room for cannabis, stating flatly that nothing in the part authorizes smoking cannabis in a public place. Section 4123 lets other public places and workplaces designate smoking areas with posted signs, but Section 4123(b) specifically forbids designating any part of a public park as a smoking area, so the park prohibition has no exception. Small restaurants under twenty seats, private offices, hotel meeting rooms rented to guests, jails, bars and psychiatric facilities are exempted from the nonsmoking-area designation requirement under Section 4126(a), and any business can ask the City Council for its own exemption under Section 4126(c).

Section 4125 requires posted "No Smoking" signs with letters at least one inch tall bearing the international no-smoking symbol at every public park, with the Director of Parks and Recreation deciding how many signs and where. Section 4128 sets the fine schedule directly: $100 for a first violation, $200 for a second violation within a year, and $500 for each additional violation within that year.