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Gary, IN Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Outdoor buffer distance
15 feet minimum from entrances/windows
Individual smoker fine
Up to $50.00 per infraction
Business first-violation fine
Up to $100.00
Business repeat fine
Up to $500.00 per additional violation/year
Enforcing agency
City code enforcement officer, law department

Summary

In the City of Gary, smoking is banned outdoors within 15 feet of any entrance, window or ventilation intake of a building where smoking is already prohibited indoors, so tobacco smoke cannot drift into smoke-free establishments. A first offense carries a fine up to $50.00.

A person who smokes in an area where smoking is prohibited by the provisions of this article shall be guilty of an infraction, punishable by a fine not exceeding $50.00. ... Smoking shall be prohibited out of doors within a reasonable distance for an enclosed area where smoking is prohibited by this article, but in no event any closer than 15 feet, so as to insure that tobacco smoke does not enter into establishments designated as smoke-free under this article through entrances, windows, ventilation intakes or other means.

Full Breakdown

Gary Municipal Code § 24-202 extends the city's indoor smoke-free rules outdoors: smoking is prohibited within a reasonable distance of any enclosed area where smoking is barred, but never closer than 15 feet, so that tobacco smoke does not enter smoke-free establishments through entrances, windows, ventilation intakes or other openings. The underlying indoor ban, at § 24-200, covers municipally operated public places such as libraries, museums, municipal offices, polling places, public transit vehicles and depots, and common areas of city buildings, while § 24-201 bars smoking in enclosed places of employment citywide, including private offices, restrooms and break rooms.

Outdoor seating areas for restaurant patrons and grandstands at public events are carved back into the regulated zone under § 24-198, meaning the 15-foot buffer applies there too. Every regulated public place and place of employment must post signage under § 24-196 stating smoking is not permitted, and ashtrays must be removed from any area where smoking is barred. The city code enforcement officer and the city law department enforce this article under § 24-195, and any resident may register a complaint directly with the code enforcement officer to trigger enforcement.

Violations & Fines

Under § 24-194, an individual who smokes in a prohibited outdoor buffer zone commits an infraction punishable by a fine not exceeding $50.00. A business owner, manager or operator who fails to keep the property smoke-free faces escalating fines: up to $100.00 for a first violation, up to $200.00 for a second violation within one year, and up to $500.00 for each additional violation within that year. Each day a violation continues counts as a separate offense, so an unposted or unenforced outdoor buffer can rack up repeated fines quickly.

Frequently Asked Questions

How close can I smoke to a Gary building entrance?
Not closer than 15 feet from the entrance, window or ventilation intake of any building where smoking is prohibited indoors, per § 24-202. The rule exists so smoke does not drift back inside a designated smoke-free establishment.
Does the outdoor buffer apply to restaurant patios in Gary?
Yes. Section 24-198 carves outdoor patron seating areas at restaurants and grandstand seating at public events back into the regulated zone, so the 15-foot buffer from any smoke-free entrance still applies there.
Who enforces the outdoor smoking buffer in Gary?
The city code enforcement officer and the city law department enforce Chapter 24's smoking article under § 24-195, and residents can file a complaint directly with the code enforcement officer's office.

Sources & Official References

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