Smoking Ordinance Update

In 2014, the City Council undertook a comprehensive update of its Smoking Ordinance, which had been in place since 1994. The City Council held a number of public meetings on this topic.

The update, which was undertaken in three phases, greatly reduces the number of places that smoking is allowed within the City limits and impacts City controlled spaces and events, commercial/retail spaces, apartment housing and condominiums and townhomes.

In August 2018, the City Council once again voted on amendments to extend the current smoking ban from enclosed areas of shopping centers to ALL areas within the City’s shopping centers (including parking lots and sidewalks) and instructed that the smoking ban also be extended to all restaurants, sidewalks, and streets (except within closed vehicles) in the City.

Following is a summary of all of the changes from previous law:

Include electronic cigarettes in the definition of smoking so that any laws that pertain to smoking also include electronic cigarettes (effective 9/3/2014)
Prohibit smoking within 30 feet of all entrances / doorways of apartment buildings, condominiums and townhomes and within 50 feet of commercial and retail spaces except that smoking is allowed in up to 50% of outdoor seating of restaurants, even if located within 50 feet of the entrance (effective 9/3/2014)
Prohibit smoking at all community-wide special events, including the Arts and Wine Festival, Fourth of July Celebration and Summer Concerts (effective 9/3/2014)
Prohibit smoking in all areas that are on or adjacent to public property, including all City facilities and parks, sidewalks, pathways, pedways and parking lots (effective 9/3/2014)
Prohibit smoking in City streets except within vehicles traveling on City streets (effective 9/3/2014)
Prohibit smoking on all sidewalks in or adjacent to common interest developments, apartments, shopping centers and commercial properties with retail establishments (Smoking is allowed on sidewalks adjacent to single family homes on private streets.) (effective 9/3/2014)
Prohibit smoking in all apartment units, including on balconies and patios, for which new leases are executed subsequent to the effective date of this ordinance (effective 11/5/2014)
For apartment units with existing leases, prohibit smoking beginning in November 2015 (effective 11/5/2014)
Prohibit smoking in all indoor and outdoor common areas of apartments, condominiums and townhomes except in specifically designated areas (effective 11/5/2014)
Prohibit smoking in condominiums and townhomes with shared common walls, ventilation, floors or ceilings, their balconies and patios. (effective 12/17/2014)

Fines outlined in the ordinance will be in force beginning January 1, 2015 for those entities that are not in compliance with the law.

The links below are intended to provide resource materials regarding the changes that were made to the ordinance. General questions about the ordinance or the materials below can be addressed to the City Manager Department at manager@fostercity.org or 650-286-3220. Questions about the signage requirements in the ordinance should be addressed to the Community Development Department at planning@fostercity.org or 650-286-3225. To report a violation in progress, call the Police Department at 650-286-3300.