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Denver, CO Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
DRMC § 24-303
Default rule
Outdoor smoking allowed, with exceptions
Banned locations
Theaters, stadiums, zoo events, pools, courts
16th Street Mall
Smoking banned under § 38-9
Hookah retailers
No outdoor smoking midnight-7 a.m.

Summary

Denver allows smoking in most outdoor areas but bans it at open-air theaters, sports stadiums, zoo and botanic garden events, tennis courts, swimming pools, near hospitals, on the 16th Street Mall, and outside hookah retailers overnight.

Smoking shall be allowed in outdoor areas except as follows:

(a)Within the exterior walls/fences of an open-air theater, smoking is prohibited in open seating areas, food/drink concession areas and related lines leading thereto, restrooms and amphitheater aisles and allowed elsewhere within the facility only in designated smoking areas established by the owner, operator or person in charge;(b)During special events open to the public and held within the exterior walls/fences of a botanic garden or zoo, smoking is prohibited except in smoking areas established therein by the facility owner, operator or person in charge, in places apart from visitor viewing areas and walkways;(c)Within the exterior walls/fences of a sport stadium, smoking is prohibited in open seating areas, aisles, interior ramps or stairs leading to seating areas, food/drink concession areas and the area of lines leading thereto and allowed elsewhere within the facility only in designated smoking areas established by the owner, operator or person in charge;(d)Within the exterior walls/fences of tennis courts and swimming pools;(e)On certain public premises adjoining hospital properties, as prohibited by section 38-8; and(f)On the 16th Street pedestrian and transit mall, as prohibited by section 38-9.(g)On the premises, including any patio, parking lot, or other outdoor portions of the premises, of any hookah tobacco retailer, between the hours of 12 midnight and 7:00 a.m.

Source: Denver Revised Municipal CodeView 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 147 Update 3).

Full Breakdown

Revised Municipal Code § 24-303 makes Denver's outdoor rule permissive by default: smoking is allowed outdoors except in listed carve-outs. Banned outdoor spots include open seating, concession lines, restrooms and aisles at open-air theaters and sports stadiums; smoking outside designated areas during zoo or botanic garden special events; the interior of tennis courts and swimming pool enclosures; certain premises adjoining hospitals under § 38-8; the 16th Street pedestrian and transit mall under § 38-9; and hookah tobacco retailer patios and lots between midnight and 7:00 a.m. Section 39-10(e) extends the same Article IX restrictions to park and recreational facilities. Violating the rule, or failing to post required signage, is enforced under § 24-310.

Violations & Fines

Smoking in a prohibited outdoor area, or as an owner/operator failing to post signage or enforce the rule, is unlawful under § 24-310, enforced by the Department of Public Health and Environment.

Frequently Asked Questions

Can I smoke in a Denver park?
Generally yes, § 39-10(e) applies the same Article IX exceptions as § 24-303, so smoking is allowed in parks except where it would violate those listed outdoor bans.
Is smoking banned on restaurant patios in Denver?
Not under § 24-303's outdoor list; patios aren't named as a banned category, though owners can post their own no-smoking area signs under § 24-302.

Sources & Official References

Other rules in Denver

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