Birmingham, AL Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer from entrances
- 7 feet (Sec. 11-9-10(e)(1))
- Buffer from bleachers/grandstands
- 30 feet
- Health district effective date
- December 1, 2019
- Individual smoker fine
- $50.00 per violation
- Business first-violation fine
- $100.00, rising to $500.00
Summary
Birmingham bans smoking within 7 feet of prohibited-smoking buildings, in outdoor restaurant/bar seating on public property, and within 30 feet of arena bleachers, and establishes a downtown 'health district' banning outdoor smoking on its streets, sidewalks and parks entirely.
(e)Regulation of smoking in outdoor public places. Smoking shall be prohibited in the following outdoor places:(1)In and within, seven feet outside entrances, windows, and ventilation systems of enclosed areas where smoking is prohibited, so as to prevent tobacco smoke from entering those areas.(2)In and within, outdoor seating or serving areas of restaurants and bars located on public property.(3)In all outdoor arenas, stadiums, and amphitheaters, smoking shall also be prohibited in, and within 30 feet of, bleachers and grandstands for use by spectators at sporting and other public events.(4)In, and within seven feet of, all outdoor public transportation stations, platforms and shelters under the authority of the city.(5)In all outdoor service lines.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 3).
Full Breakdown
Sec. 11-9-10(e), 'Regulation of smoking in outdoor public places,' bans smoking in five specific outdoor settings: within and within seven feet of entrances, windows and ventilation systems of enclosed areas where smoking is already prohibited; in outdoor seating or serving areas of restaurants and bars located on public property; in outdoor arenas, stadiums and amphitheaters and within 30 feet of bleachers and grandstands; within seven feet of outdoor public transportation stations, platforms and shelters; and in all outdoor service lines. Sec. 1, adopted by Ord.
No. through the UAB medical corridor. Inside that district, subsection (d) prohibits smoking outdoors entirely, including on public rights-of-way, sidewalks, streets, curbs and gutters, alleys, bus stop areas and parks, subject only to a carve-out in subsection (f) letting property owners designate a smoking area up to 200 square feet with signage, and exclusions for moving vehicles and private residences under subsections (g)-(h). Enforcement under Sec. 11-9-10(j) runs through the county health officer, the fire marshal, or any sworn Birmingham police officer, and citizens can lodge complaints with the Jefferson County Department of Health or the police department.
Owners, managers or employees who see a violation must ask the smoker to stop, then ask them to leave if they refuse, and call law enforcement if the person still won't leave.
Violations & Fines
Sec. 11-9-10(k) makes an individual smoker's violation punishable by a $50.00 fine, treated like a traffic violation. A business owner, manager or operator who fails to comply faces $100.00 for a first violation, $200.00 for a second within one year, and $500.00 for each additional violation within that year, plus possible suspension or revocation of the establishment's permit or license; each day of violation is a separate offense.
Frequently Asked Questions
Can I smoke on a restaurant patio in Birmingham?
What is Birmingham's downtown 'health district' smoking rule?
How much is the fine for smoking in a prohibited outdoor area in Birmingham?
Sources & Official References
Other rules in Birmingham
Compare Birmingham to another location·View the Alabama public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Outdoor Smoking Restrictions in Nearby Cities
How other cities in Jefferson County handle outdoor smoking restrictions.