Hamilton County, IN Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer zone
- 15 feet from public entrances
- Maximum fine
- $500 plus court costs
- Violation class
- Class C infraction
- Enforcement
- Hamilton County Sheriff's deputies
- Covers vaping
- Yes, e-cigarettes and vapor pens
Summary
Hamilton County bans lighted cigarettes, cigars, pipes, e-cigarettes and vapor pens inside and within 15 feet of the entrances of county government buildings. The rule covers the government and judicial center, the courthouse, parks offices, the 4-H grounds, the sheriff's offices and more. Violators face a class C infraction and a fine of up to $500.
County government buildings means all areas of the following structures owned, leased, or otherwise occupied by the county or departments of the county, including all areas on the exterior of the buildings located no closer than 15 feet from a public entrance or exit to the building. (b)Prohibitions. No person shall carry or hold a lighted cigarette, cigar, pipe, or any other lighted smoking equipment; use or operate any type of electronic cigarette (also known as an e-cigarette); use or operate any vapor pen or similar vapor producing device; or use or operate any other device designed for the inhalation of smoke, steam, or vapor in county government building.(c)Fines. Any person who violates this section is guilty of a class C infraction, punishable by a fine of not more than $500.00, plus the imposition of statutory court costs.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 22 | Unified Development Ordinance: Republication).
Full Breakdown
Section 16-41-37-9 of the Hamilton County Code defines "county government buildings" to include every structure the county owns, leases or occupies, from the county government and judicial center and courthouse to the parks and recreation department offices, the 4-H grounds buildings, the sheriff's offices, the enclosed county highway department buildings, the health department building, the soil and water conservation/weights and measures building, the household hazardous waste buildings, and the humane society building. The smoking ban does not stop at the front door: it extends to all areas within 15 feet of any public entrance or exit.
The prohibition sweeps in more than traditional smoking. No one may carry or hold a lighted cigarette, cigar or pipe, and the same ban applies to operating an electronic cigarette, a vapor pen, or any other device built to produce inhalable smoke, steam or vapor. "Person" is defined broadly in the ordinance as any man, woman or child, regardless of age, so the rule applies equally to visitors, employees and minors on county property. Enforcement runs through the county sheriff's department: any deputy may issue a citation for a violation.
Jurisdiction for prosecuting a citation sits with the Hamilton County Superior Courts. The ordinance traces to Ord. No. 3-14-16-A, adopted March 14, 2016, and is tied to Indiana's clean indoor air statute, IC 16-41-37, which authorizes local governments to regulate smoking in public buildings.
Violations & Fines
Violating the smoking ban is a class C infraction. A judge may impose a fine of up to $500, plus statutory court costs, for smoking or vaping inside a county building or within 15 feet of its public entrances. Citations are written by county sheriff's deputies, and cases are heard in Hamilton County Superior Court.
Frequently Asked Questions
Does the smoking ban apply to vaping and e-cigarettes?
Which buildings are covered by the ban?
What is the penalty for smoking too close to a county building?
Sources & Official References
Other rules in Hamilton County
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