Smoking and Vaping in Public Places in San Diego

The City's main rules are in SDMC Chapter 4, Article 3, Division 10, "Regulations on Smoking and Use of Electronic Cigarettes." Cannabis is covered separately in section 42.1303, and outdoor dining in the right-of-way in Chapter 14, Article 1, Division 6.

• Parks. Section 43.1001 gives "public park" the meaning in SDMC section 113.0103, which the land development definitions state as "a publicly owned area that is designated as a park." The Parks and Recreation Department's Rules of Conduct for Patrons (effective September 6, 2023) list "Consuming or using tobacco, e-cigarettes, marijuana, or illegal substances" among prohibited conduct in City parks and facilities. Other park rules are in our parks and playgrounds guide.
• Tot lots. Section 43.1001 defines a tot lot as "a play area designed for use by children that is located in a public park," whose boundary "is typically defined with concrete or wood." Section 43.1002(b) bans smoking or vaping in a tot lot "or within fifty feet of a tot lot," and says: "This prohibition does not apply to private property."
• Beaches, boardwalks and piers. A "public beach" under section 43.1001 is a coastal beach "owned or controlled by the City of San Diego." The Code names the Ocean Front Walk boardwalk from the South Mission Beach Jetty to Pacific Beach, the walkways at Ocean Beach Park and Kellogg Park at La Jolla Shores, and City-owned fishing piers including the Ocean Beach Municipal Pier and the City-owned portions of Crystal Pier. The Lifeguards' beach regulations page says: "Smoking is NOT allowed on the beach, cliffs, walkways, park areas or adjacent parking lots." See our beach and bay guide.
• Outdoor dining. For a sidewalk cafe, SDMC section 141.0621 says: "Smoking or vaping is not permitted within a sidewalk cafe at any time." It also says smoking and vaping "shall not be permitted within the streetary," or within an active sidewalk, and section 141.0629 says the same for a promenade. As of November 3, 2026, we did not find a City rule that bans smoking on a restaurant patio on private property; section 43.1003(c) lets an owner or manager make any facility or area entirely no-smoking or no-vaping. Permits and enforcement are in our outdoor dining guide.
• Businesses and signs. Section 43.1004(d) requires signs at all entrances to public places and places of employment reading substantially "NO SMOKING AND NO USE OF ELECTRONIC CIGARETTES EXCEPT IN DESIGNATED AREAS." Section 43.1006(b) says owners, operators, managers and employees "are required to orally inform persons violating this Division of its provisions," and section 43.1002(d) bars them from knowingly allowing ashtrays where smoking or vaping is prohibited. Section 43.1005(e) exempts vaping (but not cannabis vaping) in a permitted vaping lounge or electronic cigarette shop not open to people under 21.

• Smoking. Section 43.1001 says: "Smoke or smoking includes the carrying of a lighted pipe, lighted cigar, or lighted cigarette of any kind, or the lighting of a pipe, cigar, or cigarette of any kind."
• Vaping. The same section defines an electronic cigarette as "an electronic device that delivers vapor for inhalation, including hookah pens, vape pipes, and electronic hookahs," excluding any product approved by the FDA as a drug or medical device, and says vaping means inhaling or exhaling vapor from one, or "holding or otherwise activating an electronic cigarette such that any vapor is being emitted from it." The prohibitions in section 43.1002 apply to smoking and vaping alike.
• Cannabis. SDMC section 42.1303 says: "Smoking, vaping, and ingesting of cannabis or cannabis products is prohibited in any public place or in any place open to the public. Any person who violates this section is guilty of an infraction." Section 43.1002(h) also bans smoking, vaping and ingesting cannabis at special events, and section 43.1002(i) bans vaping cannabis in a vaping lounge. State law, Health and Safety Code section 11362.3, says legalization does not permit anyone to "Smoke or ingest cannabis or cannabis products in a public place," except at licensed sites, or to "Smoke cannabis or cannabis products in a location where smoking tobacco is prohibited"; its definition of "smoke" includes "the use of an electronic smoking device that creates an aerosol or vapor."

These apply in San Diego whatever the City Code says. We read the state code sections on the Legislature's California Law site on November 3, 2026.

• Workplaces. Labor Code section 6404.5(c) says an employer "shall not knowingly or intentionally permit, and a person shall not engage in, the smoking of tobacco products at a place of employment or in an enclosed space." It uses the Business and Professions Code definition of smoking, which includes "the use of an electronic smoking device that creates an aerosol or vapor." SDMC section 43.1005(a) points to the state law's exemptions.
• Playgrounds and youth sports. Health and Safety Code section 104495 says: "A person shall not smoke a cigarette, cigar, or other tobacco product within 25 feet of any playground or tot lot sandbox area," bans disposing of cigarette butts there, and bans using a tobacco product within 250 feet of a youth sports event in the same park. The fine is $250 per violation. It does not apply to a public sidewalk within 25 feet, and lets cities adopt stricter rules; the City's tot lot buffer is 50 feet.
• State beaches and state parks. Public Resources Code section 5008.10 says: "A person shall not smoke on a state beach or in a unit of the state park system," except on paved roadways and parking facilities, bans leaving cigarette or cigar waste outside a receptacle, and sets a fine of up to $25. It is enforced only after signs are posted.
• Public buildings. Government Code section 7597 bars smoking a tobacco product inside a public building "or in an outdoor area within 20 feet of a main exit, entrance, or operable window of a public building."
• Bus stops and Trolley stations. MTS Codified Ordinance No. 13 (amended through June 18, 2026), section 13.8, says no person shall "smoke or carry a lighted or smoldering pipe, cigar, cigarette, tobacco, cannabis cigarette, or similar product, or use any electronic smoking product or device that causes smoke, mist or vapor in any form" within 25 feet of any bus stop, Trolley station or transit facility, or within a transit vehicle, at locations "owned, operated, or controlled by MTS" unless otherwise posted. MTS's laws and regulations page lists smoking among behaviors that "can result in a citation." See our bus stop guide.
• San Diego Bay tidelands. Many bayfront parks are run by the Port of San Diego, not the City. Port Code section 8.08 says: "Smoking is prohibited on any Public Park or Public Beach," and a violation is an infraction. The Port's FAQ says: "Smoking and vaping are prohibited in all Port parks, facilities, piers, and beaches."

• Park Rangers. SDMC section 63.0108 authorizes the City's Park Rangers "to enforce provisions of the San Diego Municipal Code" and to issue citations for violations in the parks. Report smoking in a City park or on a City beach with the Get It Done Park Enforcement form, which as of November 3, 2026 lists "Smoking & Tobacco Use" among its examples and says reports help staff "address future issues proactively and may not result in an immediate response." For neighborhood canyons and open space, the City's parkland rules page lists the Park Ranger office at 619-235-5262.
• Lifeguards. The City's Lifeguard Services overview says San Diego Lifeguards "handle enforcement of City, state and federal laws and regulations through prevention, citation and arrest." The contact page lists 619-221-8899 (business hours) and 619-221-8800 (after hours and weekends).
• Police. For smoking or cannabis use in public outside a City park, the Park Enforcement form lists SDPD's non-emergency line. SDPD's contact page lists 619-531-2000 or 858-484-3154. As of November 3, 2026, the City's guide to Get It Done reports lists no report type for smoking outside parks.
• Fines. SDMC section 43.1007(a) says smoking in a posted "No Smoking" area or vaping in a posted "No electronic cigarette" area is an infraction punishable "by a fine of not less than ten dollars ($10) nor more than one hundred dollars ($100)." Under section 43.1007(b), an owner, operator or manager who "knowingly permits patrons to violate" section 43.1002 is guilty of a misdemeanor. Cannabis use in public under section 42.1303 is an infraction; the section sets no amount. As of November 3, 2026, we did not find a City-published fine or bail schedule for smoking citations, and court fees can be added to a base fine.
• No retaliation. Section 43.1002(e) makes it unlawful to threaten or retaliate against a person "who seeks to attain compliance" with the Division, and section 43.1002(f) bans removing or defacing no-smoking signs. Asking someone to stop is your choice; if a situation becomes threatening, step away and call 911.

• Call 911 for any fire. A smoldering butt in dry brush, a canyon or a planter can spread quickly. If you see smoke or flames, call 911 rather than filing a report.
• In parks, canyons and on beaches. SDMC section 63.0102(c)(11) makes it unlawful "to throw upon the ground a lighted match, lighted cigar or cigarette, or anything that would be liable to set fire to any grass, tree, shrub, building, or other property." Under section 63.0102(b), "park" includes open space such as "canyons, coastal bluffs, and unimproved waterways," and "all public beaches, beach areas, bays, and wetlands within the City."
• Anywhere. Health and Safety Code section 13002 makes it a misdemeanor to throw "any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance" on a highway, sidewalk or public or private property. Vehicle Code section 23111 says no person in a vehicle "and no pedestrian" shall throw one onto "any road or highway or adjoining area, public or private."
• Related guides. Dry brush that has not caught fire is a hazard to report to Fire-Rescue's Brush Management Unit, 619-533-4444; see our brush and weeds guide. Fireworks are covered in our illegal fireworks guide, and wildfire smoke and burning in our smoke, dust and odor guide.

• The rules. SDMC section 54.0210 says: "It is unlawful to litter or cause Littering in or upon any private or Public Property," an infraction. In parks, section 63.0102(c)(8) bans scattering "tobacco, remains of any material capable of being smoked, or rubbish of any kind" outside receptacles. State law separately bars disposing of tobacco waste within 25 feet of a playground or tot lot sandbox (Health and Safety Code section 104495) and outside a receptacle on a state beach or in a state park (Public Resources Code section 5008.10). Port Code section 8.08 bans disposing of cigarettes or cigars where smoking is prohibited, except in a waste container.
• Reporting. For litter in a City park or on a City beach, use Get It Done Park Trash or Litter (estimate 5 days as of November 3, 2026). For streets and overflowing public litter cans, see our street sweeping and litter cans guide. Butts washed into gutters end up in storm drains; see our storm drains guide.

• What the City regulates. SDMC section 43.1005(f) says: "Prohibitions on smoking and vaping do not apply to a private residence, including one which may serve as a place of employment or public place, except for a private residence licensed as a child care facility, during the hours of operation of the child care facility and in those areas of the child care facility where any minor is present." As of November 3, 2026, we did not find a City of San Diego ordinance that bans smoking inside units of apartment buildings or condominiums, or a Get It Done report type for drifting smoke. Shared outdoor areas that are not a public place, park or tot lot are generally governed by the lease, house rules or HOA documents.
• Landlords. Civil Code section 1947.5 says a landlord "may prohibit the smoking of a cigarette ... or other tobacco product on the property or in any building or portion of the building, including any dwelling unit." Leases signed on or after January 1, 2012 on such property must specify the no-smoking areas, and adding a ban to an older lease is a change of terms requiring written notice. Your lease is the first place to look; a landlord, property manager or HOA is usually the first contact.
• Marijuana smoke and odors. The County Air Pollution Control District's complaints page says for marijuana smoke: "Call your local police or sheriff department." In the City, that is SDPD's non-emergency line, 619-531-2000. Odors from businesses are covered in our smoke, dust and odor guide.
• County resources. The County's Tobacco Control Resource Program (619-692-5506, [email protected]) has a smoke-free multi-unit housing page with guides for tenants, condo owners and landlords. Its smoking laws page says "All unincorporated areas follow the County of San Diego smoking ordinances," and its complaint form is for issues "in the unincorporated area of San Diego County," not the City of San Diego.

• Exact location. The park or beach name and a landmark (a lifeguard tower number, a picnic area, the tot lot), or the cross streets for a bus stop or sidewalk cafe (for example "the 3000 block of Elm Street"). Drop the Get It Done map pin where it happens.
• When and how often. Days and times, and whether it is a regular pattern (the same group every evening, a business letting customers smoke), which helps staff plan patrols.
• What you saw. Cigarettes, vapes or cannabis; whether no-smoking signs are posted; whether butts are piling up; and any fire risk such as dry brush nearby.
• Photos. Signs, butt litter or the area are useful. Avoid confronting people to get photos, and take pictures only from public places.