Belmont, Cal., Code of Ordinances ch. 20.5 § 20.5-3

Smoking prohibitions

In Force
Verified 11/13/2026 · Next check 2/11/2027
BelmontLease Requirements

Operative Text

Belmont, Cal., Code of Ordinances ch. 20.5 § 20.5-3
(a) Smoking is prohibited in the following indoor and outdoor places within the City of Belmont, except in places listed in subsection (b) below:
(1) Public places;
(2) Places of employment; and
(3) Multi-unit residence common areas; except that a landlord or common interest development may designate a portion of the outdoor area a smoking area. A designated smoking area:
(A) must be located at least twenty (20) feet from any operable window or door used by the public of an indoor area of a multi-unit residence where smoking is prohibited;
(B) must not include, and must be at least twenty (20) feet from, outdoor areas primarily used by children including, but not limited to, areas improved or designated for play or swimming;
(C) must be no more than twenty-five (25) percent of the total outdoor area of the premises for which it is designated;
(D) must have a clearly marked perimeter;
(E) must be identified by conspicuous signs; and
(F) must not overlap with any area in which smoking is otherwise prohibited by this chapter or other provisions of this Code, state law, or federal law.
(4) Individual units of multi-unit residences, if such units share at least one common floor or ceiling with another such unit.
(5) Service areas;
(b) Unless otherwise prohibited by law, smoking is not restricted by this chapter in the following places:
(1) By performers during theatrical productions, if smoking is an integral part of the story in the theatrical production;
(2) Detached single-family homes and the lots they are sited on, except those used as a child care or health care facility subject to licensing requirements;
(3) Up to ten (10) percent of hotel and motel guest rooms, if the hotel or motel permanently designates particular guest rooms as nonsmoking rooms such that ninety (90) percent or more of its guest rooms are nonsmoking and ashtrays and matches are permanently removed from such nonsmoking rooms. Permanent "no smoking" signage shall be posted in nonsmoking rooms;
(4) Significant tobacco retailers, if at all times minors are prohibited from entering the store;
(5) Individual units of multi-unit residences which do not share any common floors or ceilings with any other such unit;
(6) Any city-designated outdoor smoking areas;
(7) Automobiles;
(8) On streets and sidewalks, unless being used as outdoor workplaces or at city-sponsored events such as parades and fairs.
(c) Nothing in this chapter shall be construed to prohibit smoking in any area in which such smoking is already prohibited by state or federal law unless the applicable state or federal law does not preempt additional local regulation.
Source: Legislative text reproduced verbatim
Plain English

Belmont Code of Ordinances ch. 20.5 § 20.5-3 prohibits smoking in a broad range of indoor and outdoor locations within the City of Belmont, including public places, workplaces, multi-unit residence common areas, and individual apartment or condo units that share a floor or ceiling with another unit. Landlords and common interest developments may designate up to 25 percent of a property's outdoor area as a smoking zone, but that zone must meet specific distance, signage, and perimeter requirements. Certain locations—such as detached single-family homes, qualifying hotel rooms, and significant tobacco retailers—are carved out from the prohibition under defined conditions.

Written by anthropic/claude-sonnet-4.6 · Reviewed on November 13, 2026

Plain English — not legal advice.

For Property Managers

Under Belmont Code of Ordinances ch. 20.5 § 20.5-3, operators of multi-unit residential properties generally ensure that common areas—both indoor and outdoor—are smoke-free, and that any individual units sharing a floor or ceiling with another unit are covered by a no-smoking policy. Landlords who wish to offer a designated outdoor smoking area typically confirm that it covers no more than 25 percent of the total outdoor area, is at least 20 feet from operable windows, doors, and areas used by children, has a clearly marked perimeter, and is identified with conspicuous signage. Maintaining documentation of how a designated smoking area meets each of the provision's criteria is a practice commonly associated with compliance.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Belmont Code of Ordinances ch. 20.5 § 20.5-3 gives residents of multi-unit buildings—where units share at least one common floor or ceiling—a right to a smoke-free living environment, including smoke-free common areas. If a tenant believes smoking is occurring in a prohibited area, general enforcement paths include filing a complaint with the City of Belmont or raising the violation with a local tenant-rights organization for guidance on available options. Tenants may also wish to review any designated outdoor smoking area at their property to determine whether it meets the specific distance, size, and signage requirements set out in § 20.5-3.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated November 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

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Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

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Fetched:Nov 13, 2026, 09:52 PM UTC