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

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

Key Facts

Governing section
Burleson Code of Ordinances § 58-11
Where it applies
Any city park or park facility
Exception
Designated smoking areas
Butt disposal
Extinguish and deposit in a waste receptacle
General fine
Not exceeding $500.00 under § 1-14(a)
Indoor public places
§ 34-384; fine up to $2,000.00 under § 34-389

Summary

In the City of Burleson, Texas, Code of Ordinances § 58-11 bars anyone from smoking or possessing a burning tobacco product in any city park or park facility, except in designated smoking areas. Smokers must put out cigarette and cigar butts and drop them in a waste receptacle. Indoor and enclosed public places fall under a separate smoking article in Chapter 34.

§ 58-11. Smoking restricted. ... (a) Definitions.For purposes of this section, the term "smoke" shall have the same meaning as prescribed in article III of chapter 70 this Code. (b) A person shall not smoke or possess a burning tobacco product in any city park or park facility except in designated smoking areas. (c) After use, cigarette, cigar butts and other tobacco products shall be properly extinguished and deposited in an appropriate waste receptacle.

Full Breakdown

Section 58-11 of the Burleson Code of Ordinances, adopted by the City Council on December 8, 2014 as part of the parks and recreation chapter, sets the smoking rule for every city park and park facility in the City of Burleson. Subsection (b) says a person shall not smoke or possess a burning tobacco product in a park or park facility except in designated smoking areas. The restriction reaches possession of a burning product, not only the act of smoking. Subsection (c) adds a litter duty: after use, cigarette and cigar butts and other tobacco products must be properly extinguished and deposited in an appropriate waste receptacle.

Subsection (a) borrows its definition of smoke from the smoking article elsewhere in the Code. That cross-reference still reads article III of chapter 70, but an editor's note at Chapter 34, Article XII records that the former Chapter 70, Article III was renumbered there in 2018. Under § 34-382, smoking means the combustion of any cigar, cigarette, pipe, or similar article, using any form of tobacco or other combustible substance in any form.

The park rule sits beside a wider indoor regime. Section 34-384(b) makes it an offense to smoke or possess a burning tobacco, weed, or other plant product in an elevator used by the public, in any enclosed or indoor public place, or in any facility owned, operated or managed by the city, including a public meeting room, conference room, restroom or public service area. Section 34-383 requires the person in control of a no-smoking area to post a sign reading "No Smoking, City of Burleson Ordinance" or other clear language, and to provide receptacles for extinguishing smoking materials within 20 feet of the entrance. Food service establishments pick one of three policies under § 34-385: separate smoking rooms, a full ban, or smoking throughout, and § 34-383(e) confirms an owner can prohibit smoking to a greater extent than the article does.

Violations & Fines

Section 58-11 prints no penalty of its own. The general penalty in § 1-14(a) of the Burleson Code sets a fine not exceeding $500.00 where no specific penalty is provided, and § 1-14(c) makes each day a violation continues a separate offense. The indoor smoking article is heavier: § 34-389 makes a violation a misdemeanor punishable by a fine of not more than $2,000.00, with each day a violation is permitted to exist counted as a separate offense.

Frequently Asked Questions

Can I smoke in a Burleson city park?
Only in a designated smoking area. Section 58-11(b) of the Burleson Code of Ordinances says a person shall not smoke or possess a burning tobacco product in any city park or park facility except in designated smoking areas. The prohibition covers the whole park and its facilities in the City of Burleson, so a lit cigarette outside a designated area is a violation.
Does the park rule cover cigars and pipes?
Section 58-11(a) points to the Code's smoking definition, which § 34-382 prints as the combustion of any cigar, cigarette, pipe, or similar article, using any form of tobacco or other combustible substance in any form. The operative park sentence in § 58-11(b) speaks of a burning tobacco product. The indoor rule in § 34-384(b) separately names burning tobacco, weed, or other plant product.
What must I do with a finished cigarette in a park?
Section 58-11(c) requires that cigarette and cigar butts and other tobacco products be properly extinguished and deposited in an appropriate waste receptacle after use. The subsection is not limited to any area of the park, so it applies to a smoker in a designated smoking area in the City of Burleson as much as anywhere else.
Are indoor public places in Burleson covered too?
Yes, by a separate article. Section 34-384(b) prohibits smoking or possessing a burning tobacco, weed, or other plant product in elevators used by the public, any enclosed or indoor public place, and any city-owned, operated or managed facility. Section 34-384(c) lists defenses, including a posted designated smoking area and a retail or service establishment primarily engaged in selling tobacco products.
What is the fine for smoking where it is banned?
Section 58-11 states no fine of its own, so the general penalty in § 1-14(a) of the Burleson Code applies: a fine not exceeding $500.00, with each day a separate offense under § 1-14(c). The indoor smoking article carries its own ceiling: § 34-389 sets a misdemeanor fine of not more than $2,000.00.

Sources & Official References

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