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Cleveland, OH Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Smoking buffer at city workplaces
150 feet from entrances/exits
First offense
Warning only
Second offense fine
$150
Third offense fine
$250
Fourth+ offense fine
$350, per day
Appeal window
20 days to Director of Public Health

Summary

Cleveland bans smoking, including e-cigarettes and other alternative nicotine products, in city-owned outdoor areas like parks, recreation areas, Public Square and downtown malls, and within 150 feet of any city workplace entrance, under Codified Ordinances §§ 235.01–235.02.

§ 235.01 Declaration of Nonsmoking Places, Prohibition. (a) Pursuant to RC 3794.05, the City hereby declares any outdoor area owned and/or controlled by the City and not otherwise qualifying as a nonsmoking place under RC Chapter 3794, to be a nonsmoking place, except areas specifically designated by the Director of Public Works as a designated smoking area. (b) No person shall refuse to immediately discontinue smoking in the outdoor areas declared nonsmoking places by this section when requested to do so by the Director of Public Health or his or her designee or any authorized City officer or employee. ... § 235.02 (a) Smoking is prohibited within one hundred fifty (150) feet of any entrance or exit of a City place of employment...

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-28: Current through legislation passed September 1, 2026).

Full Breakdown

05. 01(d)(4) to include city-owned public parks, city-owned outdoor recreation areas, city-owned swimming pools, picnic shelters within city parks, Public Square, all downtown malls open to the public, and other city-owned areas adjacent to city-owned buildings used by the public, but it carves out city golf courses, North Coast Harbor, Voinovich Park, the 9th Street Pier, city fishing piers and breakwalls, city cemeteries, and designated airport smoking areas. 01(d)(3) to include electronic cigarettes and other alternative nicotine products, not just burning tobacco; incense burned in a religious ceremony is exempt.

01(c) requires "No Smoking" signs posted at every ingress and egress of these areas. 02(a) bars smoking within 150 feet of any entrance or exit of a city place of employment, with an exception for real property not owned by the city and for designated smoking areas at city airports or buildings.

Violations & Fines

Under § 235.99(b), a violation of § 235.01(b) or § 235.02(a) is a civil offense: a warning on the first offense, a $150 fine on the second, $250 on the third, and $350 on the fourth and every subsequent offense, with each day of violation a separate offense. Violations may be appealed in writing to the Director of Public Health within 20 days of the citation; missing that window waives the right to contest and is treated as an admission. The Director of Public Health may also adopt enforcement rules effective 30 days after publication in the City Record.

Frequently Asked Questions

Does Cleveland's outdoor smoking ban cover vaping?
Yes. Section 235.01(d)(3) defines "smoking" to include electronic cigarettes and other alternative nicotine products, not just burning tobacco, so vaping is banned in the same declared nonsmoking outdoor areas.
Where exactly is outdoor smoking banned in Cleveland?
City-owned parks, outdoor recreation areas, swimming pools, picnic shelters, Public Square, downtown malls open to the public, and other city-owned areas next to city buildings used by the public, per § 235.01(d)(4). Golf courses, North Coast Harbor, Voinovich Park, the 9th Street Pier, and city cemeteries are excluded.
What happens on a first smoking violation in a banned area?
Section 235.99(b) makes the first offense a warning only; fines start at $150 for a second offense, rising to $250 for a third and $350 for the fourth and each offense after that.
Can I smoke near a city building entrance?
No. Section 235.02(a) prohibits smoking within 150 feet of any entrance or exit of a city place of employment, unless the property isn't city-owned or falls within a designated smoking area at a city airport or building.

Sources & Official References

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