Chapter 6.25 — REGULATION OF SMOKING IN PUBLIC AREAS

The City Council finds and declares as follows:

A. There is ample evidence to prove that the smoking of tobacco and other substances is a
danger to the health of smokers and others who, because of proximity to the smoker or
inadequate ventilation, are subject to the smoke;

B. The presence of smoke in the environment also constitutes a material annoyance and
discomfort to nonsmokers;

C. The California Legislature has determined that tobacco smoke is a hazard to the health of
the general public and has empowered local public entities to ban or regulate smoking in
any manner not inconsistent with State law; and

D. This chapter furthers the public health, safety and welfare by prohibiting smoking in certain
public areas.
(Ord. 85-19 § 1 (part), 1985; Ord. 2023-22 § 394, 2023)

For the purpose of this chapter, certain words and phrases shall be construed herein as set forth in this section unless it is apparent from the context that a different meaning is intended:

“Characterizing flavor” means a taste or odor, distinguishable by an ordinary consumer either prior to or during the consumption of a tobacco product, other than the taste or odor of tobacco, including, but not limited to, tastes or odors relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol, mint, wintergreen, herb, or spice, or a cooling sensation distinguishable by an ordinary consumer during the consumption of a tobacco product.

“Constituent” means any ingredient, substance, chemical, or compound, other than tobacco, water, or reconstituted tobacco sheet, which is added by the manufacturer to a tobacco product during the processing, manufacture, or packing of the tobacco product.

“Enclosed” means closed in by a roof and four walls with appropriate openings for ingress and egress.

“Flavored tobacco product” means a tobacco product that contains a constituent that imparts a characterizing flavor including, but not limited to, flavored shisha tobacco, flavored shisha tobacco products and fluids, flavored cigarette wraps, as well as any tobacco product which is not listed on the Unflavored Tobacco List established and maintained by the Attorney General pursuant to California Health and Safety Code Section 104559.1, other than flavored loose-leaf tobacco and premium cigars.

“Premium cigar” means any cigar that is handmade, is not mass produced by use of mechanization, has a wrapper, which is made entirely from whole tobacco leaf, and has a wholesale price of no less than twelve dollars ($12). A premium cigar does not have a filter, tip, or nontobacco mouthpiece and is capped by hand.

“Smoke” or “smoking” means inhaling, exhaling, burning, or carrying any lighted smoking

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 6.25.010 HEALTH AND SANITATION § 6.25.025

equipment for any tobacco product, cannabis, or any other weed or plant. “Smoke” and “smoking” shall include inhaling or exhaling e-liquid, vape juice, nicotine, cannabis, cannabidiol, terpenes, synthetic cannabinoids or other chemicals or substances in an aerosolized or vaporized form.

“Tobacco product” means a product containing, made, or derived from tobacco or nicotine that is intended for human consumption including a flavored tobacco product, cigarettes, cigars, little cigars, pipe tobacco; and an electronic device that delivers nicotine or other vaporized liquids to the person inhaling from the device, including an electronic cigarette, cigar, pipe, or hookah. (Ord. 85-19 § 1 (part), 1985; Ord. 2023-22 § 395, 2023; Ord. 2025-26 § 1, 2025)

Within the jurisdiction of the City, it shall be unlawful for a person to:

A. Smoke tobacco products in elevators in buildings generally used by and open to the public,
including elevators in office, hotel and multifamily buildings;

B. Smoke tobacco products in public areas of health care facilities and hospitals, as defined in
California Health and Safety Code Section 1250, except in specially designated smoking
areas, which may be all or part of a public area;

C. Smoke tobacco products in hearing rooms, conference rooms, chambers, and places of
public assembly in which public business is conducted;

D. Smoke tobacco products in a publicly or privately owned theater, auditorium, or other
similarly enclosed facility which is open to the public for the primary purpose of exhibiting
any motion picture, stage production, musical recital, sporting event, or any other
performance;

E. Smoke tobacco products in service lines in which more than one person is giving or
receiving services of any kind;

F. Smoke tobacco products within fifty (50) feet of any area posted as a nonsmoking area;

G. Smoke tobacco products within one thousand (1,000) feet of a school or day care center;

H. Smoke tobacco products within fifty (50) feet of any outdoor dining area lawfully provided
by an eating and drinking establishment;

I. Smoke tobacco products in any vehicle that is parked on public property, if the smoking is
detectable outside of the vehicle;

J. Smoke tobacco products in any public park, park facility, beach, or the oceanfront
boardwalk or within one hundred (100) feet of a public park, park facility, beach, or the
oceanfront boardwalk, while the person is located on public property. This prohibition shall
not apply to a person in a car or truck that is being driven;

K. Smoke tobacco products within fifty (50) feet of any farmers’ market or event that is being
conducted pursuant to a special event permit issued by the City; or

L. Smoke a flavored tobacco product on public property, including, but not limited to, parks,
sidewalks, public buildings, and schools.
(Ord. 85-19 § 1 (part), 1985; Ord. 2023-22 § 396, 2023; Ord. 2025-26 § 2, 2025)

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 6.25.025 NEWPORT BEACH CODE § 6.25.040

No person shall dispose of any cigarette, cigar, tobacco, or any other instrument used to smoke or any part of an instrument used to smoke including, but not limited to, cigarette or cigar butt(s), ashes or used matches in any place where smoking is prohibited under this chapter, except in a specifically designated smoking waste receptacle. Punishment under this section shall not preclude punishment pursuant to California Health and Safety Code Section 13002, California Penal Code Section 374.4, or any other law proscribing the act of littering. Nothing in this section shall preclude any person from seeking any other remedies, penalties or procedures provided by law. (Ord. 2023-22 § 397, 2023)

Except where other signs are required, whenever in this Code smoking is prohibited, conspicuous signs shall be posted so stating, containing all capital lettering not less than one inch in height, on a contrasting background. It is the duty of the owner, operator, manager, or other persons having control of such room, building, or other place where smoking is prohibited, to post such signs or to cause such signs to be posted. (Ord. 85-19 § 1 (part), 1985)

Downloaded from https://ecode360.com/NE4559 on 2026-09-25

City of Newport Beach, CA § 6.30.010 HEALTH AND SANITATION § 6.30.020