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Benton County, OR 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 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.

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

(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

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. 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. 032 bans ashtrays inside those buildings and within the same 10-foot zone. 025 unless used as a child care, adult day care, or health care facility. 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?
At least 10 feet from any entrance, exit, operable window, ventilation system, service line or accessibility ramp of a public place or place of employment, under BCC § 18.020. Ashtrays are also barred from that same 10-foot zone by § 18.032.
Does the outdoor smoking buffer apply to my house?
No. Section 18.025 exempts private residences from Chapter 18 entirely, unless the residence is used as a licensed child care, adult day care, or health care facility, in which case the smoking restrictions do apply.
Who enforces the 10-foot smoking rule?
The Benton County Health Administrator enforces Chapter 18. Under § 18.040, both the smoker and a business owner or manager who fails to keep the area clear can be cited, with penalties running from $50 up to $500 per day depending on how many prior violations occurred.
Can I appeal a smoking citation in Benton County?
Yes. Section 18.045 lets anyone fined request a hearing in writing to the Health Administrator within 10 days, along with a non-refundable hearing fee; a hearings officer designated by the Board then holds the hearing and issues a final decision.

Sources & Official References

Other rules in Benton County

All Benton County rules

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