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Kenosha County, WI Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
County Code § 9.01 (WS 101.123 adoption)
Covers
County buildings, vehicles, outside parking areas
Park/golf exception
Outdoor open areas exempt
Buffer near structures
25 feet from enclosed structures
Penalty
$20 to $500 after a warning

Summary

Kenosha County Code § 9.01 adopts Wisconsin's Clean Indoor Air Act and adds its own rule: no smoking, tobacco use, or e-cigarette use in any county-owned, leased, or occupied building or vehicle, or in outside parking lots, ramps, and garages on county grounds. County parks and golf courses are exempt outdoors, except within enclosed structures and 25 feet of them. Violators forfeit $20 to $500.

These county ordinances apply to unincorporated areas of Kenosha County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

WS 101.123 CLEAN INDOOR AIR The provisions of Wisconsin Statutes Section 101.123 and any subsequent amendments except Wisconsin Statutes Section 101.123(8) are adopted and further no person may smoke in any place in which smoking has been prohibited by the person in lawful possession of the premises. Additionally, no person may smoke, use tobacco in any form, or utilize any nicotine or nicotine substitute delivery device such as an “e-cigarette” in any county owned, leased, maintained, or occupied building or property, including county owned vehicles and all outside parking areas (including lots, ramps and garages), property, and grounds associated with such locations. County owned parks and golf courses are exempt from this section, except that the prohibition shall be in effect for any enclosed structures on those properties and for any locations less than 25 feet from those enclosed structures. ... Any person who, after having been duly warned of the prohibitions, violates this section shall forfeit not less than $20 nor more than $500.

View official code

Official source re-checked September 8, 2026: no newer edition of the code had been published (publisher’s edition: current through Ordinance 37 (2026), passed March 17, 2026).

Full Breakdown

01 adopts by reference the regulatory text of numerous Wisconsin Statutes, exclusive of their penalty provisions, and substitutes county-set forfeitures. 123 Clean Indoor Air heading, the county adopts Wis. 123 (excluding subsection (8)) and layers on its own outdoor rule: no person may smoke where the person in lawful possession of the premises has prohibited it, and no person may smoke, use tobacco in any form, or use a nicotine or nicotine-substitute delivery device such as an e-cigarette in any county-owned, leased, maintained, or occupied building or property, including county vehicles and every outside parking area, lot, ramp, or garage tied to those locations.

County-owned parks and golf courses get a carve-out from that outdoor sweep, but the ban still reaches any enclosed structure on those properties and any spot within 25 feet of one. The ordinance defines "smoke" as carrying or possessing a lighted cigarette, cigar, pipe, other lighted smoking equipment, or an e-cigarette, and defines "e-cigarette" broadly to cover any device that vaporizes liquid nicotine or similar substances to simulate smoking, regardless of its marketed name. A cessation product used to help someone quit smoking is expressly excluded from the ban.

01 applies wherever county-owned or county-occupied property sits, unlike Chapter 12 zoning it is not limited to the unincorporated towns; it reaches county buildings and grounds inside the City of Kenosha as well.

Violations & Fines

A person who smokes, uses tobacco, or uses an e-cigarette in a banned location after being duly warned forfeits not less than $20 nor more than $500 under § 9.01's Clean Indoor Air provision. That penalty replaces the forfeiture set by the underlying state statute, since § 9.01 adopts Wis. Stat. § 101.123's regulatory text but substitutes the county's own fine range for a violation.

Frequently Asked Questions

Can I smoke in a Kenosha County park?
Mostly yes outdoors. County-owned parks and golf courses are exempt from the smoking ban's general sweep, but the exemption stops at any enclosed structure on the property and within 25 feet of it. Smoking, tobacco use, and e-cigarettes remain barred inside those buildings and their 25-foot buffer.
Where exactly does the county's smoking ban apply?
Section 9.01 bars smoking, tobacco use, and e-cigarettes in any county-owned, leased, maintained, or occupied building or property, including county vehicles and every outside parking lot, ramp, or garage connected to those sites. That reach applies wherever the county owns or occupies property, including county buildings inside the City of Kenosha.
What's the fine for smoking where it's banned?
Under § 9.01, a person who smokes, uses tobacco, or uses an e-cigarette in a prohibited location after being duly warned forfeits not less than $20 nor more than $500. The ordinance requires that warning first, so enforcement starts with notice before a citation follows.

Sources & Official References

Other rules in Kenosha County

All Kenosha County rules

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