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Ashwaubenon, WI Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
Ashwaubenon Municipal Code § 9-1-17
Smoker penalty
$100 to $250 forfeiture per violation
Person-in-charge penalty
$100 per violation, $100/day cap
School district property
smoking banned indoors and outdoors
Pre-2009 exemption
tobacco stores/bars before June 3, 2009

Summary

Ashwaubenon extends its smoking ban beyond enclosed places to specific outdoor spots: any Ashwaubenon School District property, indoor or outdoor, any Village-owned property posted with a no-smoking sign, and near child care centers or juvenile correctional facility grounds. Violators face a $100 to $250 forfeiture per incident.

(2) No person may smoke at any of the following outdoor locations: ... (b) Anywhere on the premises of a child care center when children who are receiving child care services are present. ... (e) Any property, inside or outside, owned by the Ashwaubenon School District. (f) Any property owned by the Village where a sign has been erected to prohibit smoking. ... (E) Penalties (1) Any person who violates subsection (2) shall be subject to a forfeiture of not less than $100.00 nor more than $250.00 for each violation.

Full Breakdown

Section 9-1-17 adopts Wisconsin's statewide smoking law, Wis. 123, by reference for enclosed places, then adds Village-specific outdoor prohibitions in subsection (B)(2). No one may smoke in the immediate vicinity of the state capitol, anywhere on the premises of a child care center while children are receiving care, anywhere on the grounds of a Type 1 juvenile correctional facility, within 25 feet of a University of Wisconsin System residence hall or dormitory, on any property owned by the Ashwaubenon School District whether indoors or outdoors, or on any Village-owned property where a sign has been posted prohibiting smoking.

A separate clause in subsection (B)(3) bars smoking in a sports arena, a bus shelter, any public conveyance, or any Village-owned vehicle. Subsection (C) puts responsibility on the person in charge of a covered location to post signs, refuse service to a smoking patron in a restaurant, tavern or private club, ask a smoker to stop or leave, and call law enforcement if the person refuses; a person in charge of a restaurant, tavern, private club or retail establishment may designate a reasonable outdoor smoking area away from entrances under subsection (C)(6).

Exceptions in subsection (D) preserve smoking in a private residence, certain assisted-living rooms, and retail tobacco stores, tobacco bars and freestanding e-cigarette retailers that predate June 3, 2009. The Village also restates in subsection (F)(1)-(2) that smoking is barred on Ashwaubenon School District property and on posted Village property, and prohibited in all Village vehicles.

Violations & Fines

Under Section 9-1-17(E), a person who smokes at a prohibited outdoor location faces a forfeiture of not less than $100 nor more than $250 per violation. A person in charge who violates the duty to prevent smoking under subsection (2m)(b) to (d) is separately subject to a $100 forfeiture per violation, capped at $100 total per day for all such violations on a single day, and a first-time person in charge gets a warning notice before any citation. State or local officials, or an affected party, may also seek a court injunction against repeated violations under subsection (F).

Frequently Asked Questions

Can I smoke on Ashwaubenon School District property?
No. Section 9-1-17(B)(2)(e) and (F)(1) both bar smoking on any property owned by the Ashwaubenon School District, indoors or outdoors, with no carve-out for outdoor athletic fields or parking lots.
What is the fine for outdoor smoking violations in Ashwaubenon?
Section 9-1-17(E)(1) sets a forfeiture of not less than $100 nor more than $250 for a smoker who violates the outdoor prohibitions in subsection (B)(2), separate from the smaller penalty that applies to a business owner who fails to enforce the ban.
Are outdoor patios at bars and restaurants smoke-free in Ashwaubenon?
Not automatically. Subsection (C)(6) lets a restaurant, tavern, private club or retail establishment designate a reasonable outdoor smoking area away from entrances, so an outdoor patio can allow smoking unless it falls within one of the specifically banned locations, such as posted Village property.

Sources & Official References

Other rules in Ashwaubenon

All Ashwaubenon rules

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