Skip to main content
CityRuleLookup

Johnson County, KS Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Buffer distance
10 feet from public entrances
Effective date
July 1, 2017
Exempt
Right-of-way sliver, outdoor patio seating
Penalty
Class D infraction, $50-$100 fine
Business risk
Permit/license suspension for violations
Enforced by
Johnson County Sheriff's Office

Summary

Johnson County's smoking law reaches outdoors too: Sec. 38-1(d)(2)(s) bars smoking within ten feet of any public entrance in unincorporated Johnson County. The buffer carves out the public right-of-way inside that ten feet and a restaurant or bar's outdoor seating area, so long as reasonable steps keep smoke from drifting indoors.

City-specific rules exist: Olathe has its own outdoor smoking restrictions rules that differ from Johnson County's county-level regulations. If you live in Olathe, check the city-specific page instead.

s.Within ten feet of any public entrance to a public place; provided, however, that this prohibition shall not apply to the following: any portion of the public right-of-way that may be within ten feet of said entrance, and the outdoor seating area of a restaurant or drinking establishment where smoking is allowed. With respect to said outdoor seating area, smoking may be allowed only if reasonable efforts are made to minimize the chance of smoke affecting the inside occupants of the establishment. ... A person who smokes in an area where smoking is prohibited by the provisions of these regulations or any person who fails to comply with the requirements of these regulations...will, upon conviction, be guilty of a Class D infraction, punishable by a fine of $50.00 to $100.00.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Resolutions: Supplement 14).

Full Breakdown

Sec. 38-1 took effect July 1, 2017, and bans smoking, defined to include cigarettes, electronic cigarettes, and any similar lighted or vaporized tobacco or nicotine product, inside every enclosed public place in unincorporated Johnson County, from restaurants and bars to libraries, health facilities, service lines, and government meeting rooms. Subsection (d)(2)(s) extends the ban outdoors along building entrances: no one may smoke within ten feet of any public entrance to a public place. Two carve-outs apply to that ten-foot zone: the sliver of public right-of-way that happens to fall within the ten feet is not covered, and a restaurant's or bar's outdoor seating area is not covered either, provided reasonable efforts are made to keep the smoke from reaching customers inside.

The article also sets a Tobacco 21 rule barring sale, furnishing, or purchase of cigarettes, e-cigarettes, tobacco products, or liquid nicotine to or by anyone under 21, with defenses available to retailers who reasonably relied on an ID or a signed mail-order declaration. A. 41-2601 are entirely exempt from the indoor and outdoor rules. A property's owner, operator, or manager must take 'necessary steps' to stop violations, including posting no-smoking signs, removing ashtrays, verbally asking violators to stop or leave, and refusing service, and repeated failure to do so can lead to suspension or revocation of that business's permit or license in addition to any fine.

Violations & Fines

Sec. 38-1(i) makes smoking in a prohibited area, including within the ten-foot entrance buffer, a Class D infraction punishable by a $50.00 to $100.00 fine, with each day of violation treated separately. A business owner or manager who knowingly lets patrons violate the buffer can also face suspension or revocation of the business's county permit or license on top of the fine, and the Johnson County Sheriff's Office enforces the article.

Frequently Asked Questions

Can I smoke right outside a store entrance in Johnson County?
No. Sec. 38-1(d)(2)(s) bans smoking within ten feet of any public entrance to a public place in unincorporated Johnson County. The only carve-outs are the sliver of public right-of-way inside that ten feet and a restaurant or bar's outdoor seating area, if smoke is reasonably kept away from indoor customers.
Is smoking allowed on a restaurant patio in unincorporated Johnson County?
Yes, with a condition. Sec. 38-1(d)(2)(s) exempts a restaurant's or drinking establishment's outdoor seating area from the ten-foot entrance buffer, but only if the business makes reasonable efforts to minimize smoke reaching the indoor occupants; the exemption does not apply to the enclosed dining room itself.
What is the fine for violating Johnson County's smoking buffer?
Sec. 38-1(i) classifies a violation, including smoking inside the ten-foot entrance buffer, as a Class D infraction, punishable by a fine of $50.00 to $100.00, with each day of continued violation counted as a new offense in Johnson County Codes Court.

Sources & Official References

Other rules in Johnson County

All Johnson County rules

Compare Johnson County to another location·View the Kansas public conduct overview

Get notified when Outdoor Smoking Restrictions in Johnson County, KS changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Outdoor Smoking Restrictions in Cities Across Johnson County