Belmont, Cal., Code of Ordinances ch. 20.5 § 20.5-7

Prohibitions and duties generally

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

Operative Text

Belmont, Cal., Code of Ordinances ch. 20.5 § 20.5-7
(a) No person, employer, business, nonprofit entity, landlord, or common interest development shall knowingly permit the smoking in an area which is under the legal or de facto control of the person, employer, business, nonprofit entity, landlord, or common interest development and in which smoking is prohibited by law and the person, employer, business, nonprofit entity, landlord, or common interest development is not otherwise compelled to act under state or federal law.
(b) No person, employer, business, nonprofit entity, landlord, or common interest development shall knowingly or intentionally permit the presence or placement of ash receptacles, such as, for example, ash trays or ash cans, within an area which is under the legal or de facto control of the person, employer, business, nonprofit entity, landlord, or common interest development and in which smoking is prohibited, including, without limitation, inside the perimeter of any reasonable distance required by this chapter.
(c) Notwithstanding any other provision of this chapter, any owner, employer, business, nonprofit entity, landlord, common interest development or other person who controls any property, establishment, place of employment, public place, or multi-unit residence regulated by this chapter may declare any part of such area in which smoking would otherwise be permitted to be a nonsmoking area.
(d) "No Smoking" signs, with letters of no less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle crossed by a red bar) shall be clearly, sufficiently, and conspicuously posted in every indoor and outdoor place in which smoking is prohibited by this chapter, by the person, employer, business, nonprofit entity, landlord, or common interest development that has legal or de facto control of such place. At least one sign with the City of Belmont phone number where complaints can be directed must be conspicuously posted in every place in which smoking is prohibited. For purposes of this chapter, the city manager or designee shall be responsible for the posting of signs in regulated facilities owned or leased in part by the City of Belmont. Notwithstanding this provision, the presence or absence of signs shall not be a defense to the violation of any other provision of this chapter.
Source: Legislative text reproduced verbatim
Plain English

Belmont Code of Ordinances ch. 20.5 § 20.5-7 establishes a set of general prohibitions and duties for anyone who controls property where smoking is banned. Specifically, it bars knowingly allowing smoking or placing ash receptacles in prohibited areas, while also requiring that clearly visible 'No Smoking' signs—including at least one with the City of Belmont's complaint phone number—be posted in every such area. The provision also gives property controllers the discretion to expand nonsmoking designations beyond what the law already requires.

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 § 20.5-7, landlords who control rental properties or common areas generally ensure that smoking does not knowingly occur in areas where it is prohibited by law, and that no ash receptacles are placed within those zones or within any required perimeter distance. Compliant operators typically post 'No Smoking' signs with letters at least one inch tall, or the recognized international symbol, conspicuously throughout all prohibited areas, and include at least one sign displaying the City of Belmont's complaint contact number. Landlords also have the option under this section to voluntarily designate additional areas as nonsmoking beyond what the ordinance already mandates.

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 § 20.5-7 gives tenants a basis to expect that landlords will actively prevent smoking in prohibited areas, remove ash receptacles from those spaces, and maintain proper signage—including a sign with the City of Belmont's complaint phone number. If a landlord appears to be knowingly permitting smoking or failing to post required signs in a smoke-free area, tenants can use that posted phone number to direct complaints to the city. Tenant-rights organizations familiar with Belmont's smoking ordinance can help explain what options may be available when these duties appear to go unmet.

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

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