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Aiken County, SC Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Buffer distance
10 feet from entries and outdoor boundaries
Covered outdoor sites
Amphitheaters, stadiums, parades, patios, zoos
Individual fine
$10.00 to $25.00 per infraction
Enforcing agency
County building official / codes enforcement
Business penalty
License/permit suspension for repeat violations

Summary

Aiken County bans smoking at amphitheaters, ball parks and stadiums during events, parades and special events on public streets and county property, sidewalk and patio dining areas, and zoos, plus a 10-foot buffer around those areas.

These county ordinances apply to unincorporated areas of Aiken County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Smoking shall also be prohibited in certain outdoor areas when the use involves a gathering of the public, regardless of the number actually assembled for the event, performance, or competition. This prohibition shall apply to: (a)Amphitheaters.(b)Ball parks and stadiums when in use for athletic competitions or public performances.(c)Parades and special events on public streets and county property, although the county administrator has the discretion, but not the obligation, to establish designated smoking areas in or in proximity to the parade or event area or any other county property.(d)Dining areas in encroachment areas on public sidewalks, plazas, and parks and dining areas on decks, balconies, and patios of restaurants and bars.(e)Zoos.

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 119).

Full Breakdown

Sec. 11-75 extends the county's smoking article outdoors wherever the public gathers, regardless of how many people actually show up for the event, performance, or competition. The prohibition covers amphitheaters; ball parks and stadiums during athletic competitions or public performances; parades and special events on public streets and county property (though the county administrator may, at his discretion, carve out designated smoking areas near a parade or event); dining areas in encroachment areas on public sidewalks, plazas, and parks, plus deck, balcony, and patio dining at restaurants and bars; and zoos.

Sec. 11-76 backs the outdoor ban with a buffer zone: smoking is barred within ten feet of any entry into a smoke-free enclosed area and within ten feet of the boundary of a smoke-free outdoor area, so smoke cannot drift in through doors, windows, or vents; a smoker who started before reaching that ten-foot line can keep walking through it but cannot stop, stand, sit, or linger inside it. Sec. 11-77 exempts private residences, designated hotel/motel smoking rooms (capped at 20 percent of rented rooms), retail tobacco stores, certain nursing home rooms, small private clubs, and outdoor employment areas not covered by Sec.

11-76. The county building official and designated deputies enforce the article under Sec. 11-81, and complaints go to the office of building inspections and codes enforcement.

Violations & Fines

Smoking in a prohibited outdoor area is an infraction punishable by a fine of $10.00 to $25.00 under Sec. 11-82(a); an owner, manager, or operator who fails to keep a covered outdoor area smoke-free faces the same $10.00 to $25.00 fine and risks suspension or revocation of an occupancy permit or business license for repeated violations. Each day of a continuing violation is a separate offense, and the county may also pursue injunctive relief.

Frequently Asked Questions

Can I smoke on a restaurant patio in Aiken County?
No. Sec. 11-75(d) bans smoking in dining areas in encroachment areas on public sidewalks, plazas, and parks, as well as on decks, balconies, and patios of restaurants and bars, as part of the county's outdoor smoking prohibition.
How close to a smoke-free building entrance can I smoke outdoors?
Not within ten feet. Sec. 11-76 bars smoking within ten feet of any entry into an area where smoking is prohibited and within ten feet of the boundary of a prohibited outdoor area, to keep smoke from drifting inside.
What is the fine for smoking in a banned outdoor area in Aiken County?
Sec. 11-82(a) sets the penalty at not less than $10.00 nor more than $25.00 per infraction, and each day a violation continues counts as a separate offense under Sec. 11-82(e).

Sources & Official References

Other rules in Aiken County

All Aiken County rules

Compare Aiken County to another location·View the South Carolina public conduct overview

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