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Baytown, TX Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
Sec. 42-100
Covered venues
Outdoor arenas, stadiums, amphitheaters
Buffer zone
15 feet outside enclosed no-smoking areas
Enforcing agency
Director of health
Operator fine escalation
$100 / $200 / $500 per violation tier

Summary

Baytown bans smoking in the seating areas of every outdoor arena, stadium and amphitheater in the city, and separately requires a 15-foot smoke-free buffer around the entrances of enclosed places where smoking is already prohibited.

Smoking shall be prohibited in the seating areas of all outdoor arenas, stadiums, and amphitheaters.

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 83 Update 2).

Full Breakdown

Section 42-100 of the Baytown Code, part of the smoking-regulation article in chapter 42, provides directly that smoking shall be prohibited in the seating areas of all outdoor arenas, stadiums, and amphitheaters. This extends the city's broader indoor smoking ban, set out in section 42-98 for enclosed public places like restaurants, bars, and sports arenas, into outdoor seating at large public venues. Section 42-101 layers on a 'reasonable distance' rule: smoking is also prohibited within 15 feet outside any enclosed area where smoking is banned, to keep smoke from drifting back in through doors, windows or ventilation systems.

Section 42-102 lists narrow exemptions from the general smoking article, such as private residences, private vehicles not used for employment, and designated hotel smoking rooms capped at 20 percent of a property's rented rooms, but outdoor arena seating under section 42-100 is not among the exempted categories. The director of health enforces the article under section 42-106, with authority to inspect during other mandated inspections or at the department's discretion, and citizens may file complaints directly with the health department or bring their own legal action to compel enforcement.

Violations & Fines

A person who smokes in a prohibited outdoor arena or stadium seating area is guilty of an infraction under section 42-107(a), punishable by a fine as provided in the general penalty section 1-14. An owner, manager or operator of the venue who fails to enforce the ban faces escalating fines under section 42-107(b): up to $100.00 for a first violation, up to $200.00 for a second violation within 12 months, and up to $500.00 for each additional violation in that period. A violation is also declared a public nuisance that the director of health can abate by injunction, with recovery of abatement costs from the responsible party.

Frequently Asked Questions

Can I smoke in the stands at an outdoor stadium in Baytown?
No. Section 42-100 specifically prohibits smoking in the seating areas of all outdoor arenas, stadiums, and amphitheaters within the city, regardless of whether the venue is otherwise open-air.
How close to a no-smoking entrance can I smoke outdoors?
Not within 15 feet. Section 42-101 requires a reasonable distance of 15 feet outside any enclosed area where smoking is prohibited, so smoke does not drift back in through doors, windows or vents.
What fine can a venue face for allowing smoking in the stands?
Under section 42-107(b), an operator who fails to comply faces up to $100.00 for a first violation, up to $200.00 for a second violation within 12 months, and up to $500.00 for each further violation in that period.

Sources & Official References

Other rules in Baytown

All Baytown rules

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