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De Pere, WI Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
De Pere Code § 8-3(a)(2), (7)
Childcare centers
Barred outdoors while children present
College dorm buffer
25 feet from residence halls
Sports arenas/bus shelters
Fully smoke-free, no distance test
Smoker's penalty
$100.00 to $250.00 per violation
Vaping
Included in the smoking definition

Summary

De Pere Code § 8-3(a)(2)b bars smoking on any childcare center's outdoor premises while children are present and within 25 feet of a college dormitory, and subsection (a)(2)c bans it outright in sports arenas, bus shelters and public conveyances. Violators face a $100.00 to $250.00 forfeiture.

(2)Prohibition against smoking.a.Except as provided in subsection (a)(4) of this section, no person may smoke in any of the following enclosed places:1.Residence halls or dormitories owned or operated by a college or university. ... b.No person may smoke at any of the following outdoor locations:1.Anywhere on the premises of a childcare center when children who are receiving childcare services are present.2.A location that is 25 feet or less from a residence hall or dormitory that is owned or operated by a college or university.c.No person may smoke in any of the following:1.A sports arena.2.A bus shelter.3.A public conveyance. ... (7)Penalties. Any person who violates this section shall be subject to a forfeiture as determined by resolution of the common council, which shall be in strict conformity with the following:a.Any person who violates subsection (a)(2) of this section shall be subject to a forfeiture of not less than $100.00 nor more than $250.00 for each violation.

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 9).

Full Breakdown

Section 8-3 is De Pere's comprehensive smoking and vapor product ordinance, and most of it addresses enclosed places, but two provisions reach outdoor locations directly. Subsection (a)(2)b prohibits smoking at two specific outdoor settings: anywhere on the premises of a childcare center while children receiving childcare services are present, and any spot 25 feet or less from a residence hall or dormitory owned or operated by a college or university. Subsection (a)(2)c goes further and bans smoking outright, indoors or out, in a sports arena, a bus shelter, or a public conveyance, without any distance qualifier.

The ordinance defines smoking broadly in subsection (a)(1) to include a lighted cigar, cigarette or pipe, other lighted smoking equipment, and any use of a vapor product, so the outdoor bans reach vaping as well as combustible tobacco. A person in charge of a covered location must post signage, refuse service to someone smoking in violation, and ask a violator to leave before calling law enforcement under subsection (a)(3); a person in charge who fails those steps faces a separate $100.00 forfeiture, capped at $100.00 total per day regardless of how many such lapses occur.

Enforcement of the smoking prohibition itself runs through subsection (a)(7): any individual who smokes in a place barred by subsection (a)(2), including the outdoor locations, is subject to a forfeiture of not less than $100.00 nor more than $250.00 for each violation.

Violations & Fines

Smoking in a location barred by subsection (a)(2), including a childcare center's outdoor grounds, within 25 feet of a college dormitory, a sports arena, a bus shelter or a public conveyance, carries a forfeiture of $100.00 to $250.00 per violation under subsection (a)(7)a. A business or venue operator who fails to post signage or otherwise enforce the ban faces a separate $100.00 forfeiture, capped at $100.00 total per day.

Frequently Asked Questions

Can I vape outside a De Pere daycare?
No. Section 8-3(a)(2)b bans smoking, defined in subsection (a)(1) to include any use of a vapor product, anywhere on a childcare center's premises whenever children receiving care are present, indoors or outdoors, so vaping in the parking lot or yard of an operating daycare violates the section just like a lit cigarette would.
Is there an outdoor smoking buffer near college dormitories?
Yes. Subsection (a)(2)b prohibits smoking at any location 25 feet or less from a residence hall or dormitory owned or operated by a college or university, measured from the building itself, which covers the sidewalks and grounds immediately surrounding campus dormitories in the city.
Can I smoke while waiting for the bus in De Pere?
No. Subsection (a)(2)c specifically bans smoking in a bus shelter and on a public conveyance, with no enclosed-place or outdoor qualifier, so lighting up while waiting under a shelter roof or at an open bus stop still violates section 8-3.
What is the fine for violating the outdoor smoking ban?
Subsection (a)(7)a sets a forfeiture of not less than $100.00 nor more than $250.00 for each violation of the smoking prohibitions in subsection (a)(2), which covers the outdoor childcare, dormitory-buffer, sports arena, bus shelter and public conveyance bans alike.

Sources & Official References

Other rules in De Pere

All De Pere rules

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