DATE: November 17, 2026
TO: Board of Supervisors
SUBMITTED BY: Joe Prado, Director, Department of Public Health
Nathan Magsig, Supervisor, District 5
SUBJECT: Proposed Amendment to the Ordinance Code of Fresno County, Amending Chapter 8.32 “Combustible Substances and Smoking Restrictions”
RECOMMENDED ACTION(S):
TITLE
1. Conduct first hearing to amend the Fresno County Ordinance Code, Title 8 Health and Safety, Chapter 8.32 - Combustible Substances and Smoking Restrictions, amending sections 8.32.010, section 8.32.060 amending the title (from “Smoking-Prohibited where” to “Smoking-Prohibited where fire hazard”), section 8.32.070 amending the title (from “Smoking-Prohibited as provided in state law” to “Smoking prohibited in places of employment”), and section 8.32.100 (Penalty), to add sections 8.32.080, and 8.32.110 through 8.32.130 to expand protections and add procedural provisions, waive reading of the proposed Ordinance in its entirety, and set the second hearing for December 8, 2026;
2. Designate County Counsel to prepare a fair and adequate summary of the proposed Ordinance; and
3. Direct the Clerk of the Board to post and publish the required summary in accordance with California Government Code, section 25124(b)(1).
REPORT
There is no additional Net County Cost associated with the recommended actions. The recommended actions will revise Chapter 8.32 of the County Code to update definitions, clarify restrictions, expand secondhand smoke public health protections around public facilities and schools, update penalties, and add administrative sections for compliance with State law. This item is countywide.
ALTERNATIVE ACTION(S):
Should your Board choose not to approve the recommended actions, the County would continue without modernizing the ordinance, its enforcement and penalties would remain unchanged.
FISCAL IMPACT:
There is no increase in Net County Cost associated with the recommended actions.
DISCUSSION:
General modernization of the County Ordinance Code, Chapter 8.32, Combustible Substances and Smoking Restrictions will update the ordinance definitions to reflect current smoking products, align with State law, and strengthen secondhand smoke public health protections for children, County employees, and public-facility users in the unincorporated areas of the County.
Exposure to secondhand smoke anywhere has negative health impacts, and exposure to secondhand smoke can occur at significant levels outdoors. State law prohibits smoking within 25 feet of playgrounds and within 20 feet of public (state, county, city, or community college district) buildings, and it expressly authorizes local communities to enact additional restrictions. To be completely free from exposure to secondhand smoke in outdoor places, a person may have to move 20 to 29 feet away from the source of the smoke, about a two-lane road.
The definitions (section 8.32.010) have been revised to reflect current products and include comprehensive definitions that expand upon the terms and what is covered. An example of this would be the expanded upon definition of smoke / smoking now includes cannabis, synthetic plant products, and electronic smoking devices. These updates to the definitions broaden the ordinance’s scope to align with statewide definitions and emerging products.
No changes to vegetation/combustible waste requirements (sections 8.32.020-8.32.050) were made. Section 8.32.060 (Smoking - prohibited where fire hazard) and section 8.32.070 (Smoking prohibited in places of employment) were retitled for clarity between the two sections. The addition of new terms in the Definition section (8.32.010) is credited for strengthening the language of section 8.32.060 by broadening what is prohibited, without changing the basic structure.
To strengthen public-health protections, especially for children, employees, and public-facility users, a new section (8.32.080 - Smoking Prohibited In and Around Public Buildings and Schools) was added that prohibits smoking in an outdoor area within 30 feet of a main entrance, exit, or operable window of a public building or K-12 school. This applies to any tobacco product and device.
The penalty framework (section 8.32.100) has been revised to confirm violations result in administrative fines unless otherwise specified and new administrative provisions were added in section 8.32.110 (Statutory Construction and Severability), section 8.32.120 (Notice) and section 8.32.130 (Effective Date) to modernize the ordinance structure and for procedural compliance with state law.
ATTACHMENTS INCLUDED AND/OR ON FILE:
Ordinance
Ordinance (Redline)
On file with Clerk - Summary of Ordinance
Matrix of Entryway Buffer Zone in California Counties
CAO ANALYST:
Ron Alexander