Smoking Policies

This law aims to protect and promote public health by prohibiting smoking in multiunit residences, reducing exposure to secondhand and thirdhand smoke, and encouraging a smoke-free, healthy living environment for all families living in our City.

March 17, 2025

The law applies to all tenants, landlords, homeowners’ associations (HOAs), and property owners of multiunit residences within Morgan Hill.

A property with two or more units, including apartments, condominiums, duplexes, triplexes, fourplexes, duets, senior and assisted living facilities, and long-term health care facilities.

Hotels, motels, mobile home parks, campgrounds, single family homes, and single family homes with an in-law unit or Accessory Dwelling Unit (ADU).

Smoking is prohibited in multiunit residences, including:

• Inside any new or existing unit, including private balconies, porches, decks, and patios
• Indoor common areas such as lobbies, halls, elevators, stairs, community rooms, gym facilities, and parking garages
• Outdoor common areas such as courtyards, paths, walkways, stairs, playground areas, swimming pool areas, and parking lots

Smoking includes the use of:

• Cigarettes, cigars, cigarillos, hookah, and pipes
• Electronic smoking devices such as vape pens and e-cigarettes
• Marijuana

Owners or property managers may create a designated smoking area (DSA) so long as it is:

• Outdoors
• At least 25 feet from
  • Any multiunit residence doorways and windows (and)
  • Areas primarily used by children, such as a school or swimming pool
• Has a clearly defined boundary
• Labeled with signs, and
• Has ashtrays or ashcans for tobacco waste

• Post “No Smoking” signs
  • For entrances, exits, and common areas: “No Smoking” or “This is a Smokefree Property” signs
  • For a Designated Smoking Area (DSA): “No Smoking within 25 feet of doorway, window, vent” signs
• Provide current and prospective tenants with written notice about the no smoking law
• Investigate and address violations, including written notice to the resident
• Provide free resources to help residents quit smoking
• Support and provide a healthy and smoke free environment for all residents and families

• Post "No Smoking" signs
  • For entrances, exits, and common areas: “No Smoking” signs
  • For a Designated Smoking Area (DSA): “No Smoking within 25 feet of doorway, window, vent” signs
• Provide current and prospective tenants with written notice about the no smoking law
• Provide free resources to residents to quit smoking
• Investigate and address violations, including written notice to the residents
• Support and provide a healthy and smoke free environment for all residents and families

In conjunction with the Santa Clara County Public Health Department, the City is providing FREE signs for pick up at City Hall to all Morgan Hill landlords, homeowners’ associations (HOAs), and property owners. Come by the front counter at 17575 Peak Avenue, Monday to Friday, 8 a.m. - 5 p.m., and request all the signs that you need.

Subject to availability, the City will have “No Smoking” and “Smokefree Property” signs for general use, and the “25 Feet” signs for DSAs.

If you would also like resources on how to quit smoking to provide to your residents, the City will also have limited printed brochures, pamphlets, flyers, and other handouts available. You can also print your own here by accessing Santa Clara County’s list of resources for quitting smoking.

For exceptional requests, the City and County will be able to mail signs to certain property owners who are not able to physically come into City Hall to pick them up. For more information, contact the County: 408-793-2700 or tobaccoprevention@phd.sccgov.org.

Yes, a copy is available in PDF format.

Yes! We highly recommend using and adapting the Model Smokefree Lease Addendum from Americans Nonsmokers’ Rights Foundation. It meets the requirements of the Morgan Hill law and will ensure that your lease complies with the requirements of this ordinance.  

You can pick up printed resources at City Hall, or access Santa Clara County’s list of resources  for quitting smoking online.

Landlords, HOAs, and property owners are responsible for informing residents and taking appropriate action to enforce the law when they are informed of a complaint by a resident. However, the City reserves the right to take action independently based on residents’ complaints, including citations and issuing fines for violations.

The City expects a high degree of compliance with the law once individuals are aware of the smoking limits and are informed of the prohibitions.

If you see a violation, first talk to your neighbor to try to work it out. Tell them about the law and ask them to stop smoking.

If that doesn’t resolve the problem, report the issue to your landlord, property manager, or HOA. For renters, smoking in violation of the law is subject to enforcement by other tenants.  

Once your landlord, property manager, or HOA is informed of the conduct, they should speak to the resident who is alleged to be smoking, including written notice and tell them to stop.

If you are not able to resolve the problem by talking with your neighbor nor your landlord, property manager, or HOA, you may report the potential violation to Code Enforcement either through the City’s Code Enforcement form or call 408-778-6480.

Generally, the City will begin by educating potential violators about the law and/or issuing warnings. If the problem continues, violators may be subject to fines and/or prosecution by the City Attorney’s Office.

Yes, if you are affected by secondhand smoke, you may file a civil action for damages or seek enforcement through the City.

Santa Clara County has a list of resources for quitting smoking, including KickIt California: https://kickitca.org or call 1-800-300-8086.

This FAQ is intended as a guide for general reference. You can view the full law online:

https://library.municode.com/ca/morgan_hill/codes/code_of_ordinances?nodeId=TIT8HESA_CH8.42SMMUBU_8.42.010DE.