Secondhand Smoke Control Ordinance
Frequently Asked Questions for
Residents, Patrons, and Visitors

When does the secondhand smoke control ordinance take effect?
The ordinance became effective on May 12, 2007.

Why was this ordinance adopted?
The Burbank City Council adopted the secondhand smoke control ordinance with the goal of limiting exposure by Burbank residents, workers, and visitors to secondhand smoke due to its documented negative health effects and the irritation and annoyance that can be caused by secondhand smoke.

Where is smoking prohibited?
Smoking is prohibited at various locations throughout the City. Please see the summary table for more information.

Does this ordinance replace the state workplace smoking law?
No. The state workplace smoking law prohibits smoking in indoor locations at places of employment. The intent of the law is to protect employees from exposure to secondhand smoke. Burbank’s secondhand smoke control ordinance supplements the existing state law by prohibiting smoking in certain locations. The intent of the law is to protect Burbank residents, workers, and visitors from being exposed to secondhand smoke in locations not already covered under state law.

Does this mean I can’t smoke at all in Burbank?
No. Burbank’s ordinance prohibits smoking only in specified locations. It is not a blanket prohibition against smoking in Burbank. Smoking is still allowed in any outdoor areas not covered by the ordinance and in indoor areas that are not covered by the state workplace smoking law.  Smoking will also be allowed in certain designated smoking areas.

What happens if I smoke in a prohibited area?
Any violation of the ordinance is subject to citation by the Burbank Police Department and may be prosecuted as an infraction or a misdemeanor. It is hoped that in most cases, a smoker will be asked by a property owner, business manager, or nearby non-smoker to stop smoking or move to an area where smoking is allowed before the police are called. However, a citation may be issued whether or not this initial “warning” is given.

Is smoking still allowed on restaurant patios?
No, unless a designated smoking area is provided.  It is up to each restaurant whether they want to designate a portion of their patio as a smoking area. If the restaurant does not designate a smoking area, smoking is prohibited. If the restaurant chooses, up to 40% of the patio area may be designated as a smoking area, subject to certain requirements.

If I see someone smoking in a prohibited area, what should I do?
If you feel comfortable approaching the smoker yourself, you may notify the smoker that they are violating the law and ask them to stop or leave the area.  The City of Burbank has created small cards that can be handed to smokers (and others) to remind them of the ordinance and the locations where smoking is prohibited.  The cards will be available soon from the Planning and Transportation Division office or you may print your own.

If the person is smoking on a restaurant patio or other private area controlled by a business, you may notify an employee of the business. Businesses are required to enforce the smoking prohibition in areas under their control and can be cited if they knowingly allow smoking in a prohibited area. If you do not feel comfortable approaching the smoker yourself, or the smoker refuses to stop or leave, or you are in a public place or other location that is not controlled by a business, you may call the Burbank Police Department at (818) 238-3000 to enforce the law. Please do not call 911 to report violations of the secondhand smoke control ordinance. Please note that the Police Department is very busy handling many different types of issues throughout the City of Burbank at all hours of the day and night. Enforcing the secondhand smoke control ordinance may not be a top response priority.

Who should I contact if I have questions?
For further information, please contact the Planning and Transportation Division at (818) 238-5250.