Benton County, OR Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- 10 feet minimum from entrances/exits/vents
- Covers
- Public places and places of employment
- Private residence
- Exempt unless a care facility
- Signage required
- "No Smoking within 10 feet" posted
- Enforcing agency
- Benton County Health Administrator
- First-offense fine
- $50 to $100
Summary
Benton County bars smoking within 10 feet of the doors, windows, vents, service lines and accessibility ramps of any public place or place of employment in the unincorporated county. The buffer, set by BCC § 18.020, extends the county's indoor smoking ban to the immediately adjacent outdoor area.
(7)"Enclosed Area" means any covered space having more than 50% of its perimeter area walled in or otherwise closed to the outside, such as, for example, a covered porch with more than 2 walls; or any space open to the sky having more than 75% of its perimeter area walled in or otherwise closed to the outside, such as, for example, a courtyard. ... No smoking shall be allowed within a reasonable distance (no less than 10 feet) of the following parts of public places or places of employment: entrances, exits, windows that open, ventilation systems, service lines, accessibility ramps, or any other means.
Full Breakdown
Chapter 18 first bans smoking inside every 'enclosed area,' defined in § 18.005(7) as a covered space more than half walled in, or an outdoor space more than 75% enclosed, such as a covered porch or courtyard. Section 18.020, 'Smoking Outside of Enclosed Areas,' then reaches beyond the building itself: no smoking is allowed within a reasonable distance, no less than 10 feet, of a public place's or place of employment's entrances, exits, operable windows, ventilation systems, service lines or accessibility ramps. Owners, managers or operators of a regulated place must post 'No Smoking within 10 feet' signs at every entrance and exit under § 18.030, and § 18.032 bans ashtrays inside those buildings and within the same 10-foot zone.
Private residences are exempt from the whole chapter under § 18.025 unless used as a child care, adult day care, or health care facility. Enforcement runs through the Benton County Health Administrator; § 18.040 makes it an infraction both for the person who smokes in a prohibited area and for anyone who owns, manages or controls a regulated place and fails to enforce the rule, with escalating fines and an appeal path to a Board-designated hearings officer under § 18.045.
Violations & Fines
Smoking within 10 feet of a covered entrance, exit, window, vent, service line or accessibility ramp is an infraction under § 18.040, fined $50-$100 for a first violation in a year, $100-$200 for a second, and $250-$500 for each further violation within that year; an owner or operator who fails to enforce the buffer faces up to $500 per day, capped at $4,000 in 30 days.
Frequently Asked Questions
How far from a building's entrance must a smoker stand in Benton County?
Does the outdoor smoking buffer apply to my house?
Who enforces the 10-foot smoking rule?
Can I appeal a smoking citation in Benton County?
Sources & Official References
Other rules in Benton County
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