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Elkhart County, IN Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Indoor ban
No smoking in enclosed park buildings
Outdoor rule
Ashes/butts only in designated receptacle
Governing sections
§ 93.017(B) and (C)
Maximum fine
$1,000 under § 93.999(A)(1)
Adopted
Ord. 12-177, April 16, 2012

Summary

Elkhart County doesn't ban smoking across its parks outright, but § 93.017(B) makes it unlawful to smoke inside any enclosed park building, and § 93.017(C) bans dropping ashes, butts or matches anywhere on the ground, in the water or in a regular trash can in a park.

These county ordinances apply to unincorporated areas of Elkhart County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(B) It shall be unlawful for any person to smoke within any enclosed building within a park. (C) It shall be unlawful for any person to toss, drop, throw away, deposit or otherwise discard ashes, coals, used matches or smoking materials upon the ground, in waters or in trash containers within any park except in a fireplace or other appropriate container as defined in division (A)(2) above or in a receptacle designed and designated for the deposit of such materials.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2025 S-23: Supplement contains: Current through local legislation passed on or before July 31, 2025; and State Legislation current through 2025 Indiana Legislative Service, Pamphlet #3).

Full Breakdown

Section 93.017 of the Park Rules, from Ord. 12-177 (2012), splits smoking regulation from the fire rules in the same section. Division (B) states flatly: 'It shall be unlawful for any person to smoke within any enclosed building within a park.' That covers shelters, restrooms, nature centers and any other roofed, walled park structure; open-air smoking on trails, at picnic tables or on ball fields is not banned by this division.

Division (C) separately targets litter from smoking: 'It shall be unlawful for any person to toss, drop, throw away, deposit or otherwise discard ashes, coals, used matches or smoking materials upon the ground, in waters or in trash containers within any park except in a fireplace or other appropriate container as defined in division (A)(2) above or in a receptacle designed and designated for the deposit of such materials.' In practice, a smoker outdoors in a county park must carry out or properly extinguish and dispose of the butt, not flick it into the grass, a lake or a general litter barrel.

Violations & Fines

Smoking inside an enclosed park building or discarding a cigarette butt on park grounds, in the water, or in an ordinary trash bin violates § 93.017(B) or (C) and is punishable by up to a $1,000 fine under § 93.999(A)(1), issued by a deputized county park ranger.

Frequently Asked Questions

Can I smoke on an open trail in an Elkhart County park?
The ordinance doesn't ban smoking in open outdoor areas of a park; § 93.017(B) only prohibits smoking inside enclosed park buildings. You still can't drop the finished butt on the ground under § 93.017(C).
Where can I dispose of a cigarette butt in a county park?
Only in a fireplace-type container described in § 93.017(A)(2) or in a receptacle specifically designated for smoking materials; § 93.017(C) makes it unlawful to drop butts on the ground, in the water, or in a general trash can.
Is smoking banned inside park shelters and restrooms?
Yes. Section 93.017(B) makes it unlawful to smoke within any enclosed building inside a county park, which covers shelters, restrooms, nature centers and other roofed structures.

Sources & Official References

Other rules in Elkhart County

All Elkhart County rules

Compare Elkhart County to another location·View the Indiana public conduct overview

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