This article was posted on Saturday, Sep 15, 2012

The City of Union City promotes a healthy living environment and protects non-smokers from exposure to secondhand smoke where they live, work, and play. In November 2010, the City Council restricted smoking in rental complex units, unenclosed common areas, and outdoor dining spaces.  Key requirements are as follows:
¢    Smoking is prohibited in all rental complex (2+ units) common areas (enclosed and unenclosed).
¢     As of February 23, 2012 smoking in any rental complex unit, including balconies and patios, was prohibited.
¢    Smoking is prohibited in all outdoor dining areas of restaurants and surrounding 25 feet.
¢    Smoking is prohibited in parks, public events, and service areas (i.e., bus stops, ATMS).
¢  Clear, conspicuous, and unambiguous NO SMOKING or SMOKEFREE signs are required in places where smoking is not permitted.

For more information, please refer to Municipal Code Chapters 5.42 and 7.13 or visit

An ordinance of the city of San Jose (Ordinance no. 29053) amended the San Jose Municipal Code to regulate outdoor smoking.   Said ordinance was effective as of May 18, 2012.

9.44.030 General Prohibition
Smoking is prohibited in the following places located within the City of San Jose except as provided in Section 9.44.040:

A.  Buildings: All enclosed areas of buildings which are open to the public or which are places of employment.

- Advertisers -

B.  Public and common areas of multifamily residential areas: All enclosed areas of apartments, condominiums and mobile home parks which are open to public access or to unrestricted common access by the residents of such places.

In the following outdoor areas:

¢    Areas within twenty-five (25) feet horizontally or vertically of any entrances, exits, operable windows, or air intake openings of any community center or library owned, leased or occupied by the City;
¢    All unenclosed common areas of apartments, condominiums and Mobile home parks which are open to public access or to unrestricted common access by the residents of such places, except for areas that have been designated as a Designated Smoking Area by the owner of the property.

9.44.060 Posting of Signs
“No Smoking” signs shall be conspicuously posted at every building, where smoking is prohibited pursuant to this Chapter, by the owner, operator, manager or other person having control of such room, building, or other place.

¢    In any building where smoking is partially permitted “No Smoking” signs shall be placed in the lobby or in conspicuous places near each entrance to the building stating that smoking is prohibited in the building except in the areas designated as smoking areas.
¢    “Smoking Permitted” shall be posted in any Designated Smoking Area as permitted pursuant to Section 9.44.021 of this Chapter.

For more information, please contact the City of San Jose, Office of the City Clerk at (408) 535-1256.

Leave a Reply