New smoking rules took effect within the City of Encinitas on Tuesday, July 11, 2023, banning smoking and vaping in all public places. This law follows in the footsteps of many other Southern California communities, including Santa Barbara, Beverly Hills and Manhattan Beach. The goal of the regulation is to reduce waste, protect the environment, and limit secondhand smoke exposure to the public. The code can be found here: E.M.C. Chapter 11.08.
Summary of E.M.C. Chapter 11.08:
Smoking and Vaping is NOT Allowed: 
Smoking and Vaping is Allowed:
Smoking and vaping waste must be disposed of in specifically designed containers for smoking waste.
About Enforcement
The City and Sheriff Department provided extensive education to Encinitas businesses and community members about the new smoking rules after it was adopted in 2023. E.M.C 11.08 is enforced by the Sheriff Department. Those found in violation of the code may be issued a Notice to Appear or Administrative Citation. Fines may range from $50 to $1,000, depending on the nature of the violation. Complaints of observed smoking in a public place can be reported to the North Coastal Sheriff Station non-emergency hotline at (858) 565-5200.
Why This Law is Important
The potential beneficial environmental impact of this ordinance is vast. Cigarette butts, including filters, are the number one waste item found in beach cleans ups in San Diego County and tobacco waste is one of the main sources of marine plastic pollution worldwide. By implementing these changes, the City of Encinitas aims to eliminate toxic waste and further contribute to the beautification of the city.
In addition to the positive environmental effects this ordinance can create, it will also help alleviate the negative effects of secondhand smoking. The U.S. Environmental Protection Agency found the effects of secondhand smoke are a health risk to the public and therefore classified it as a “group A carcinogen”, the most dangerous class of toxin. The City of Encinitas is concerned about the potential health effects this could have on the community and this was one of City Council’s main reasons for passing the law.
Frequently Asked Questions
Please read the FAQ for more information about the ordinance.
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