Updated information on city and town ordinances are in the "Protected Communities" section.

One Page Outline of the Marin County Smoking Ordinance # 7.70.

(Applies to County Unincorporated Areas Only)

Read the full Ordinance

Why:  Most Marin jurisdictions last enacted tobacco ordinances about fifteen years ago.  Since then, a number of changes have occurred:

  • The County Health Department receives frequent complaints from nonsmokers exposed to concentrated smoke in certain outdoor locations such as building entrances and dining areas.
  • Other localities have enacted broader and more effective laws and portions of existing laws have become obsolete due to comprehensive state legislation.
  • Nonsmokers are demanding wider protection from tobacco smoke while health-aware smokers are more tolerant of increased limitations.

What:  Updated Smoke-Free Air Ordinance: Restricts smoking in certain outdoor places where nonsmoker exposure is a concern.  Updates restrictions and removes obsolete provisions in indoor section of ordinance. 

Model Smoke-Free Air Ordinance:  Based on provisions in use elsewhere, this model ordinance restricts smoking in areas of concern not covered by older ordinances or state laws.  Contains the following components:

  • Outdoor dining areas at restaurants/bars
  • Within 20’ of building openings or entrances (public and private)
  • Increase smoke-free hotel and motel rooms to reflect the fact that over 80% of public does not smoke( 80% rooms smoke-free)
  • Outdoor service waiting lines; ATMs, bus stops (no smoking within 20 feet)
  • Outdoor work areas; construction sites (no smoking within 20 feet)
  • Outdoor public gathering places such as fair, farmer’s markets, sports events and major performances

No person shall dispose of smoking waste or tobacco product waste within the boundaries of an area in which smoking is prohibited, including inside the perimeter of any reasonable distance requirement.

Exemptions:

  • Private residences, except when used as a child care or health care facility;

Retail tobacco stores, except where smoke from such stores enters an adjacent enclosed area where smoking is not permitted.

  Ordinances
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