Kirkwood, MO Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Outdoor buffer
- 15 feet from covered building entries
- Buffer exception
- entries under 50 feet apart
- Smoker fine
- $25 first, $50 later offenses
- Owner/manager fine
- $50 to $200 per offense
- Enforcing office
- Code Enforcement Officer
Summary
Kirkwood's Clean Air Act bans smoking only in enclosed places of employment and enclosed public places. Outdoor areas, including parks and open-air patios, are not covered except for a narrow buffer: sidewalks and open areas within 15 feet of the entry to any government building or building open to the public.
§ 17-253. Prohibition of smoking in all enclosed places of employment and all enclosed public places. ... Sidewalks, driveways and other open areas within 15 feet of the entry to any building owned or occupied by any governmental entity, or within 15 feet of the entry to any building open to the public; provided, however, that this entryway prohibition shall not apply within outside dining areas where smoking is permitted or to entries that are located less than 50 feet from another public entry. ... § 17-25 ... 5. Where smoking is not regulated. ... Notwithstanding any other provision of this article to the contrary, smoking shall be permitted in any and all places not specified in § 17-253.
Full Breakdown
Section 17-253 of the Kirkwood Code of Ordinances lists the enclosed spaces where smoking is prohibited: workplaces, restaurants, bars, theaters, city-owned vehicles and facilities, and meeting rooms open to the public, among fourteen categories. Subsection (b)(15) extends that ban outdoors only to sidewalks, driveways and open areas within 15 feet of an entry to a government building or a building open to the public, but that buffer does not apply to outdoor dining areas where smoking is allowed or to entries within 50 feet of another public entry.
Section 17-255 then confirms the opposite for everywhere else: smoking is permitted in any place not listed in § 17-253, which sweeps in open park land, plazas, sidewalks away from doorways, and private patios not attached to a covered business. Private residences and private vehicles are likewise untouched. The Code Enforcement Officer administers the article and may call on the Fire and Police Departments to help enforce it under § 17-259, and any resident may register a complaint with that office. Business license applicants must be given notice of the article's requirements before a license issues.
Violations & Fines
Smoking in a place where it is barred is an article violation carrying a $25 fine for a first offense and $50 for each later offense under § 17-256(a). An owner, manager or operator who knowingly allows violations faces $50 for a first offense, $100 for a second within one year, and $200 for a third or later offense within one year; each day of noncompliance is a separate violation.
Frequently Asked Questions
Can I smoke in a Kirkwood park?
Is there a smoking buffer near building doors?
Who enforces Kirkwood's smoking rules?
Sources & Official References
Other rules in Kirkwood
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