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Gilbert, AZ Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing sections
Code of Gilbert §§ 42-268, 42-270
Outdoor buffer
25 ft from enclosed no-smoking areas
Patio exception
allowed if smoke doesn't drift indoors
Hotel rooms
up to 50% may be smoking rooms
Enforcement
code enforcement officer (§ 42-273)

Summary

Code of Gilbert § 42-268 bans smoking in enclosed public places and workplaces town-wide, but carves out physically separated retail tobacco stores, up to half of a hotel's guest rooms, private veterans/fraternal clubs, and outdoor patios so long as smoke doesn't drift indoors. Section 42-270 backs that up outdoors, requiring smoking to stay at least 25 feet from any enclosed area where it's banned.

Sec. 42-268. - Prohibition of smoking in public places and the use of electronic cigarettes in government buildings.(a)Smoking is prohibited in all public places and places of employment within the town except in the following places:(1)Private residences, except when used as a licensed child care, adult day care, or health care facility.(2)Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 50 percent of rooms rented to guests in a hotel or motel are so designated.(3)Retail tobacco stores that are physically separated so that smoke from retail tobacco stores does not infiltrate into areas where smoking is prohibited... (6)Outdoor patios so long as tobacco smoke does not enter areas where smoking is prohibited through entrances, windows, ventilation systems, or other means. Sec. 42-270. - Distance from enclosed areas. Smoking shall occur at least 25 feet from any enclosed area where smoking is prohibited to insure that tobacco smoke does not enter the enclosed area through entrances, windows, ventilation systems or any other means.

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 102).

Full Breakdown

Division 4 of Chapter 42 bans smoking in 'all public places and places of employment within the town,' per § 42-268(a), covering enclosed spaces the public or employees use: offices, restaurants, retail stores, health care facilities and more, as defined in § 42-266. The section lists seven exceptions: private residences (unless used for licensed child care, adult day care, or health care); up to 50 percent of a hotel or motel's rented rooms if designated smoking rooms; physically separated retail tobacco stores; veterans' and fraternal clubs when closed to the general public; smoking tied to a ceremony under the American Indian Religious Freedom Act of 1978; outdoor patios, provided smoke doesn't drift into no-smoking areas; and theatrical performances where smoking is part of the show.

Subsection (b) separately bans electronic cigarette use in government buildings, and subsection (c) lets any owner or manager declare an entire outdoor area smoke-free even where the ordinance would otherwise allow it. Section 42-270 extends the reach outdoors: smoking must occur at least 25 feet from any enclosed area where it's prohibited, so smokers can't simply step just outside a doorway. Section 42-272 requires posted 'no smoking' signage at every entrance of a covered public place, and § 42-273 assigns enforcement to the code enforcement officer, with citizen complaints routed through that office.

Violations & Fines

Enforcement runs through the code enforcement officer under § 42-273, who accepts citizen complaints and requires business self-certification during other mandated inspections. Because Division 4 doesn't set its own civil sanction schedule, a violation defaults to the Code's general penalty, § 1-5(c): a class one misdemeanor exposing a violator to up to $2,500.00 in fines, six months in jail, or both. Retaliating against an employee or customer for asserting smoke-free rights is a separate violation under § 42-274.

Frequently Asked Questions

Can I smoke on a restaurant patio in Gilbert?
Yes, under § 42-268(a)(6), outdoor patios are exempt from the smoking ban as long as the smoke doesn't drift into an area where smoking is prohibited through doors, windows, or ventilation systems, though an owner can still declare the whole patio smoke-free under subsection (c).
How close to a building's entrance can someone smoke outdoors?
Not within 25 feet. Section 42-270 requires smoking to occur at least 25 feet from any enclosed area where it's banned, specifically to keep smoke from drifting back in through entrances or windows.
Are tobacco shops exempt from Gilbert's smoking ban?
Retail tobacco stores are exempt under § 42-268(a)(3), but only if they're "physically separated" so smoke doesn't infiltrate spaces where smoking is prohibited: a store sharing open air with a no-smoking business doesn't qualify.

Sources & Official References

Other rules in Gilbert

All Gilbert rules

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