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

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

Key Facts

Buffer distance
20 feet from covered locations
City parks
Smoking barred entirely
Bar patios
Exempt under § 26-174(b)
Maximum fine
$500.00 per offense
Enforcement
City administrator / designated department

Summary

Conroe bans smoking within 20 feet of restaurant patios, playgrounds, transit stops, bleachers and building entrances, and outright inside every city park. The rule reaches far past sidewalks into apartment common areas.

Smoking shall be prohibited in the following outdoor places:(1)Within a distance of 20 feet outside the front entrance or open windows of enclosed areas where smoking is prohibited;(2)In, and within a distance of 20 feet of outdoor seating or serving areas of restaurants;(3)In all outdoor arenas, stadiums, and amphitheaters;(4)Within a distance of 20 feet of bleachers and grandstands for use by spectators at parades, sporting or other public events;(5)In, and within 20 feet of all outdoor public transportation stations, platforms, and shelters;(6)In all outdoor service lines;(7)In, and within 20 feet of outdoor playgrounds;(8)Within a distance of 20 feet of any outside entrance, operable window, or ventilation systems of an apartment or other multifamily residential unit;(9)Within a distance of 20 feet of any pool, playground or other outdoor common area recreational facility provided for shared use by the residents of an apartment complex or other multifamily occupancy; and(10)Within any city park. It is an exception to the prohibition in subsection (a) that the smoking occurred in an outdoor seating or service area of a bar.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 85).

Full Breakdown

City Code § 26-174 lists ten specific outdoor zones where lighting a cigar, cigarette or pipe is unlawful: within 20 feet of the front entrance or open windows of any building where smoking is already barred indoors, within 20 feet of a restaurant's outdoor seating or serving area, inside any outdoor arena, stadium or amphitheater, within 20 feet of bleachers or grandstands at a parade or sporting event, within 20 feet of outdoor transit platforms and shelters, in any outdoor service line (ATM lines, ticket lines, concert lines), within 20 feet of outdoor playgrounds, within 20 feet of an apartment building's entrance, window or ventilation system, within 20 feet of a shared pool or recreation area at a multifamily complex, and anywhere inside a city park.

The one carved-out exception is an outdoor seating or service area of a bar, per § 26-174(b). The article's stated purpose, § 26-170, is protecting people from secondhand smoke in public places, workplaces and designated outdoor gathering areas, and it expressly does not reach private residences, including apartment balconies and patios. Enforcement runs through the city administrator or a designated department under § 26-177, which also requires nonsmoking signage to be posted before a certificate of occupancy issues for any building with an enclosed public place. Establishment owners, managers and employees must inform violators of the rule and ask them to stop smoking in the regulated area.

Violations & Fines

Smoking where prohibited is a strict-liability offense under § 26-178: no culpable mental state need be proved. A conviction carries a fine of up to $500.00 per offense. Affirmative defenses exist for retail tobacco stores, bars, bingo halls with a sealed nonsmoking area, private clubs, and theatrical performers.

Frequently Asked Questions

Can I smoke on a restaurant patio in Conroe?
Not within 20 feet of the outdoor seating or serving area under § 26-174(a)(2), unless the patio belongs to a bar, which is exempt under § 26-174(b). Restaurant-only patios without bar service must stay smoke-free within that buffer.
Is smoking allowed in city parks?
No. Section 26-174(a)(10) bans smoking anywhere within a city park, with no distance qualifier, making park grounds smoke-free in their entirety regardless of proximity to playgrounds or trails.
What is the penalty for violating Conroe's outdoor smoking rule?
A conviction under § 26-178 is punishable by a fine of up to $500.00, and the offense is strict liability, meaning the city does not have to prove the person knew smoking was barred at that spot.

Sources & Official References

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