Smoke-free Palo Alto

No smoking or vaping. No Butts! Palo Alto's public smoking ordinance makes most public spaces smoke-free. Smoking is not only a public health issue, its also an environmental issue. Cigarette butts are a top source of litter in our creeks and streets and seep toxic chemicals into waterways.

Two Palo Alto ordinances set requirements for tobacco sale and use: Palo Alto Municipal Code PAMC 4.64 (regulates where tobacco products can be sold) and Municipal Code 9.14 (regulates where tobacco products may be used).

Restrictions on where tobacco products may be sold: Municipal Code 4.64

The Tobacco Retail Permit Ordinance was adopted in 2020 and updated in 2024. The ordinance: 

  • Prohibits the sale of all electronic cigarette and flavored tobacco products at all Palo Alto retailers. 
  • Prohibits pharmacies and vending machines from selling tobacco products. 
  • Requires retailers to display a Tobacco Retail Permit. New retailers are not eligible for a permit if their business is located within 500 feet of another retailer or 1,000 feet from a school. 
  • Limits storefront advertising of tobacco products. 
  • Requires the County to administer permits, and Palo Alto Police Department to provide youth decoy undercover checks.

The ordinance is administered and monitored by Santa Clara County Department of Environmental Health and Santa Clara County Public Health Department.

Questions and Complaints

Questions about the Tobacco Retail Permit can be submitted to Joyce Villalobos at the Santa Clara County Public Health Department by calling (408) 483-6183 or emailing joyce.villalobos@phd.sccgov.org.

To file a complaint regarding illegal sale of prohibited items, visit Report a Problem - Department of Environmental Health – County of Santa Clara, email dehweb@deh.sccgov.org, or by calling (408) 918-3400.

Restrictions on where tobacco products may be used: Municipal Code 9.14

Smoking is prohibited in public spaces including indoor and outdoor dining areas, entryways, public events, recreation areas, service areas, commercial areas; outdoor service areas such as bus stops, ticket lines, places of employment, construction worksites, all City of Palo Alto facilities, and 25 feet from any opening into an enclosed area. Exceptions to the current ban may be allowed if a shopping center or commercial areas establishes a designated smoking area that is at least 25 feet away from any openings and includes receptacles to control litter.

Smoking is also restricted at multi-unit residences and common areas to reduce public exposure to secondhand smoke. The ordinance prohibits the use of cigarettes, cigars, cigarillos, hookahs, pipes, electronic smoking devices, and any plant product intended for human inhalation including medical or recreational marijuana. Landlords and sellers of condominium units are required to give written notice to tenants and buyers about the smoking ban and to include smoking prohibitions as part of the terms of their lease and rental agreements.

Multi-unit Smoking Restrictions Frequently Asked Questions

Where is smoking prohibited in Palo Alto multi-unit residences? 

Smoking is prohibited:

  • inside multi-unit residences, including associated balconies, porches, decks and patios;
  • in indoor and outdoor common areas of multi-unit residences, such as lobbies, halls, pathways, courtyards, elevators, community rooms, playgrounds, gym facilities, swimming pools, grassy or landscaped areas, laundry rooms, shared cooking and eating areas, and parking lots and garages;
  • in outdoor areas that are within 25 feet from a doorway, window, opening or vent of a multi-unit residence (a nonsmoking “buffer zone”).

For most multi-unit residences, the entire property must be smoke free, unless the management provides a designated smoking area that meets city requirements.

What is considered a multi-unit residence?

The law applies to any property containing two or more units, including apartments, condominiums, townhomes, senior facilities, long-term health care facilities, and assisted living facilities. A multi-unit residence does not include a single family home (including a home with a detached or attached second unit), a hotel or motel, or a mobile home park.

What does “smoking” mean? 

“Smoking” includes the use of cigarettes, cigars, cigarillos, hookahs, pipes, electronic smoking devices, and any plant product intended for human inhalation including medical or recreational marijuana. 

Where is smoking allowed in multi-unit complexes? 

Owners or property managers may create a designated smoking area so long as it: (1) is outdoors; (2) is located at least 25 feet away from multi-unit residence doorways and windows, areas primarily used by children, and recreational areas; (3) has receptacles for cigarette butts that are maintained free of tobacco litter; and (4) has conspicuous signs. Additionally, residents may smoke cigarettes and use electronic smoking devices on streets or sidewalks that are at least 25 feet from a multi-unit residence, unless smoking is otherwise prohibited in those locations.   

I am a property owner or landlord of a multi-unit residence, what am I required to do?

Property owners or landlords must: 

  • post clear “No Smoking” signs in common areas where smoking is prohibited.
  • include all Smoking and Tobacco Ordinance limits in new, renewed, or continued month-to-month rental and lease agreements. Lease language must include a clear description of all areas on the property where smoking is prohibited. Property owners and managers should refer to Section 9.14.060 of the Smoking and Tobacco Ordinance for a complete list of requirements that should be included in lease and rental agreements.

     

What should I do if I see someone violating the ordinance?

If you are a resident, please report the problem to your landlord, property manager, or condominium association so that they can take steps to resolve the problem. You can also try talking to your neighbor to inform them of the law. If you are a landlord or property owner, smoking violations are also violations of the lease and may be enforced accordingly.