Duluth, MN Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Transit shelter buffer
- 15 feet (posted)
- Medical facility buffer
- 100 feet
- Parks
- Banned without §35-9(a)(4) permit
- Penalty
- Petty misdemeanor or Ch. 12 fine
- Complements
- Minnesota Clean Indoor Air Act
Summary
In the City of Duluth, smoking or chewing tobacco, cannabinoid products, or other 'prohibited substances' is illegal in specific public places under Duluth Legislative Code § 28-64: inside or within 15 feet of a Duluth Transit Authority shelter, within 100 feet of a medical facility's property line, in any public park without a permit, and anywhere already covered by the Minnesota Clean Indoor Air Act.
No person shall ingest by smoking or chewing any prohibited substance at or in any of the following locations: (1) Anywhere smoking is prohibited by the Minnesota Clean Indoor Air Act; (2) Inside any Duluth Transit Authority transit shelter; (3) Within 15 feet from the nearest point of any Duluth Transit Authority transit shelter which displays at least two signs visible from the exterior of the shelter providing notice of this prohibition, said 15 feet measured in a straight line of constant elevation; (4) Within 100 feet of the nearest property line of a medical facility, said 100 feet measured in a straight line of constant elevation; provided that this prohibition does not apply to a person inside an enclosed motor vehicle in motion on a public street or alley; (5) In any public park, unless a permit has been issued for the area pursuant to Section 35-9(a)4.
Full Breakdown
Article VII of Chapter 28, 'Smoking in Public Places,' was adopted on findings that secondhand tobacco and cannabinoid smoke harms nonsmokers whether indoors or outdoors (§ 28-62), and it defines 'prohibited substance' broadly to include tobacco and cannabinoid products, electronic cigarettes, and any other substance not safe for human consumption (§ 28-63(j)). 4167, subdivision 2 allows. Section 28-64(b) makes a violation a petty misdemeanor or an offense punishable under Chapter 12's administrative penalty system, and (c) puts the burden of posting enforcement signage on the city.
Section 28-70 separately gives anyone injured by a repeated or continuing violation the right to sue the proprietor or person in charge of the public place to stop it, on top of the city's own penalties.
Violations & Fines
Smoking or chewing a prohibited substance in a banned location is a petty misdemeanor, or the city can instead pursue the Chapter 12 administrative penalty process, under Section 28-64(b). Anyone hurt by a repeated or continuing violation may also sue the proprietor or person in charge of the location under Section 28-70's private right of action, separate from any city citation.
Frequently Asked Questions
Can I smoke in a Duluth city park?
How far from a bus shelter must I stay to smoke in Duluth?
What's the penalty for smoking in a banned Duluth location?
Sources & Official References
Other rules in Duluth
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