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Akron, OH Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing chapter
Chapter 102, Clean Indoor Air
Key section
§ 102.05, public places
Enforcing agency
Akron Health Department
Main exemptions
Bars, private homes, tobacco shops
Penalty
Minor misdemeanor per offense
Continuing violation
Each day is a separate offense

Summary

Akron's Clean Indoor Air chapter bans lighted smoking materials in a long list of public places, from transit vehicles and theaters to elevators and libraries, then extends the ban to every other public place not on that list unless a specific exemption applies. Violators face a minor misdemeanor under § 102.08.

A.Smoking Prohibited. Except as provided in subsection D of this section, the possession and use of lighted smoking materials in any form is prohibited in any of the following public places including but not limited to:1.Vehicles of public transportation including, but not limited to, trains, buses, limousines for hire, taxicabs and courtesy vehicles; exemptions are limousines for hire or taxicabs where the driver and all passengers affirmatively consent to smoking in such vehicles;...4.Elevators, stairwells, escalators, and hallways;5.Public restrooms;6.Courtrooms, jury waiting rooms;7.Gymnasiums, exercise rooms and health spas;8.Libraries and education facilities except in specific designated smoking permitted areas;...B.Smoking Prohibited Except in Designated Sections. Except as provided in § 102.04 and subsection D of this section, the possession and use of lighted smoking materials in any form is prohibited in any public place not identified in subsection A of this section including, but not limited to, waiting areas and lobbies;

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 64).

Full Breakdown

Chapter 102, Akron's Clean Indoor Air ordinance, regulates smoking well beyond indoor workplaces. 05(A) bans the possession and use of lighted smoking materials in named public places including public-transit vehicles (with a narrow exception for taxicabs and hired limousines where the driver and every passenger consents), enclosed theaters and meeting rooms, hospital patient wards, elevators, stairwells and hallways, public restrooms, courtrooms, gymnasiums and health spas, and libraries and educational facilities. 04's fifty-seat threshold for eating establishments applies. Subsection C puts the compliance burden on proprietors, who must post clear signage marking smoking and nonsmoking sections and direct smokers to any designated area.

Subsection D carves out specific exemptions: private social functions where the sponsor controls seating, retail tobacco stores, bars, private residences (except those doubling as child care or health care facilities or a place of employment), bowling alleys and bingo halls, hotel and motel sleeping rooms, and eating establishments seating fewer than fifty people if they post a sign stating no no-smoking section is available. 06, operating a complaint line that verifies and calls back every caller before logging a complaint, and keeps records of complainants' names, addresses, and phone numbers.

Violations & Fines

Section 102.08 makes it unlawful to smoke or possess lighted smoking material anywhere Chapter 102 restricts it, and any violation is a minor misdemeanor. Each day a violation continues counts as a separate, punishable offense. Proprietors who fail to post required signage or direct smokers to designated areas also face enforcement under § 102.05(C).

Frequently Asked Questions

Can I smoke in a bar in Akron?
Yes. Section 102.05(D)(3) specifically exempts bars from the public-places smoking ban, along with retail tobacco stores, private residences, bowling alleys, bingo halls, and hotel or motel sleeping rooms.
Is smoking banned in Akron parks and outdoor waiting areas?
Outdoor waiting areas and lobbies fall under § 102.05(B)'s catch-all: smoking is prohibited in any public place not already listed in subsection A unless an exemption in subsection D applies, such as a private social function or an exempted business.
Who enforces Akron's smoking ban and what's the penalty?
The Akron Health Department enforces Chapter 102 through a verified complaint line under § 102.06. Section 102.08 makes any violation a minor misdemeanor, with each day of a continuing violation treated as a separate offense.

Sources & Official References

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