Fontana, CA Public Conduct: Public Marijuana Use (2026)

Fontana's smoking article, Chapter 13 Article III, defines smoking broadly in Sec. 13-57 as carrying or holding a lighted pipe, cigar or cigarette of any kind, or lighting, emitting or exhaling smoke from any such device, a definition that reaches cannabis as well as tobacco. Sec. 13-64 makes every enclosed facility owned by the city subject to the article and separately declares that smoking and the use of electronic smoking devices is prohibited and unlawful within the boundaries of all city-owned and operated parks. Sec.

13-65 prohibits smoking in enclosed areas customarily used by the public, including retail stores, hotels, banks, offices, elevators, restrooms, public transit vehicles and depots, museums, galleries, libraries, theaters, food markets outside designated eating areas, public hearing rooms and polling places. When the city later adopted its commercial cannabis chapter, it built in a savings clause: Sec. 33-4 states that nothing in the cannabis chapter shall be construed as amending existing prohibitions on smoking tobacco or cannabis in public buildings and parks, meaning the Article III smoking ban continues to govern cannabis consumption in those same spaces.

Sec. 13-69 carves out narrow exceptions such as private residences, bars, and hotel or motel guest rooms, none of which cover public parks or the enclosed public places listed in Sec. 13-65.