Kenai Peninsula Borough, AK Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Entrance buffer
- 20 feet from borough building entrances
- Playground buffer
- 10 feet from playground equipment
- Hospital buffer
- 50 feet from hospital entrances
- Fine per violation
- $100 (KPB 1.24.090)
- Covers e-cigarettes
- Yes, under KPB 10.08.020
Summary
Smoking, including e-cigarette use, is banned inside every enclosed borough-owned or borough-controlled building and school-district property, within 20 feet of those buildings' entrances, within 10 feet of playground equipment at a borough facility, within 50 feet of a borough service-area hospital entrance, and inside any borough or school-district vehicle, under KPB 10.08.010.
A.Smoking is prohibited at the following places:1.All enclosed areas on properties owned or controlled by the Kenai Peninsula Borough, including the Kenai Peninsula Borough School District, and including every room, chamber, place of meeting or public assembly under the control of the assembly, a commission, committee, board, or assembly authority.2.All areas that are within twenty feet (20') of each entrance to enclosed areas on properties owned or controlled by the Kenai Peninsula Borough ... 3.Outdoors within ten feet (10') of playground equipment at a borough owned facility;4.All areas within fifty feet (50') of each entrance to a Kenai Peninsula Borough service area hospital.5.All vehicles owned, operated or controlled by the Kenai Peninsula Borough, including the Kenai Peninsula Borough School District.B.Nothing in this chapter shall be construed or interpreted to provide any person a right to smoke on premises or property owned, leased or under the control of another.
Full Breakdown
KPB 10.08.010(A) lists five specific smoking-free zones tied to the borough's own property and vehicles rather than private business or general outdoor space. The ban covers every enclosed area on property owned or controlled by the Kenai Peninsula Borough or the Kenai Peninsula Borough School District, including any room, chamber, or meeting place under the control of the assembly, a commission, committee, board, or authority. It extends outward 20 feet from each entrance to those enclosed areas, 10 feet from playground equipment at a borough-owned facility, and 50 feet from each entrance to a Kenai Peninsula Borough service-area hospital, and it covers every vehicle the borough or school district owns, operates, or controls.
KPB 10.08.020 defines smoking to include inhaling, exhaling, burning, or carrying a lit or heated cigar, cigarette, pipe, or other plant product intended for inhalation, and separately defines e-cigarette broadly enough to reach vape pens and similar nicotine-delivery devices, so the ban applies equally to vaping. KPB 10.08.010(B) makes clear the chapter doesn't create any right to smoke on someone else's private property; it only sets borough-controlled buffer zones. The current version of Chapter 10.08 replaced an earlier 1981 ordinance when the assembly adopted Ordinance No. 2021-35 on October 12, 2021.
Violations & Fines
Each of the five smoking-zone violations, indoor areas, the 20-foot building buffer, the 10-foot playground buffer, the 50-foot hospital buffer, and smoking in a borough vehicle, is its own $100 infraction on the KPB 1.24.090 minor offense schedule under KPB 10.08.010(A)(1) through (A)(5). Fines are payable to the court without a court appearance under AS 12.25.195 through 12.25.230 plus the state surcharge required by AS 12.55.039.
Frequently Asked Questions
Does the Kenai Peninsula Borough smoking ban cover vaping?
How far from a borough building entrance must I stand to smoke legally?
What is the fine for smoking within 10 feet of a borough playground?
Sources & Official References
Other rules in Kenai Peninsula Borough
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