Belmont, Cal., Code of Ordinances ch. 20.5 § 20.5-9
Penalties and enforcement
Operative Text
(a) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (b) Each violation of this chapter by a person because of the person's smoking is an infraction subject to a one hundred dollar ($100.00) fine. Other violations of this chapter constitute misdemeanors punishable as provided in Section 1-8 of the Belmont Municipal Code or may, in the discretion of the city attorney, be prosecuted as infractions if the interests of justice so require. Any peace officer or code enforcement official may enforce this chapter. (c) Violations of this chapter are subject to a civil action brought by the city, punishable by a civil fine not less than two hundred fifty dollars ($250.00) and not exceeding one thousand dollars ($1,000.00) per violation. (d) No person shall intimidate, harass, or otherwise retaliate against any person who seeks to attain compliance with this chapter. Moreover, no Person shall intentionally or recklessly expose another person to secondhand smoke in response to that person's effort to achieve compliance with this chapter. Violation of this subsection shall constitute a misdemeanor. (e) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (f) Any violation of this chapter is hereby declared to be a nuisance. (g) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the city attorney, including, but not limited to, administrative or judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief.
Belmont Code of Ordinances ch. 20.5 § 20.5-9 establishes a layered enforcement framework for the city's smoking regulations. Smoking violations are treated as infractions carrying a $100 fine, while other violations may rise to misdemeanor level or be pursued as civil actions with fines ranging from $250 to $1,000 per violation. The provision also declares all violations a public nuisance, prohibits retaliation against anyone seeking compliance, and makes it a violation to aid, abet, or conceal a breach of the chapter.
Plain English — not legal advice.
Under ch. 20.5 § 20.5-9, property owners and managers who oversee multi-unit housing generally maintain clear no-smoking policies, respond promptly to reported violations, and avoid any conduct that could be construed as permitting, aiding, or concealing smoking in prohibited areas. Operators who cause or allow violations face the same penalties as direct violators, including civil fines up to $1,000 per violation. Compliant operators also take care never to intimidate or retaliate against residents or others who raise smoking-related concerns, as such conduct constitutes a separate misdemeanor under this section.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Ch. 20.5 § 20.5-9 explicitly protects anyone who seeks to achieve compliance with Belmont's smoking rules from intimidation, harassment, or retaliation, and treats such retaliation as a misdemeanor. Tenants who believe a violation is occurring may report it to a peace officer or code enforcement official, both of whom are authorized to enforce this chapter. Tenant-rights organizations familiar with Belmont's municipal code can help residents understand the range of remedies available, which include civil enforcement actions and nuisance abatement proceedings brought by the city attorney.
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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