La Plata County, CO Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Section
- La Plata County Code § 38-5(I)(D) and (I)(E)
- Entrance buffer
- Thirty (30) feet from any county building entrance
- Indoor rule
- No smoking in any county-owned building or leased space
- Open space
- Smoking barred on county property including open space, unless posted
- Penalty
- Petty offense, cumulative of other criminal penalties
- Adopted
- Ord. No. 2025-01, effective 2/14/2025
Summary
In unincorporated La Plata County, Colorado, Sec. 38-5(I)(D) and (E) bar smoking in any county building and within thirty (30) feet of its entrance, and bar smoking on any county-owned or leased property, including open space, unless posted otherwise. A violation is a petty offense.
I. Prohibited acts. It is unlawful: ... D. To smoke in any building and within thirty (30) feet of the entrance to any building owned, or space leased, by La Plata County. E. To smoke on any property owned or leased by La Plata County, unless otherwise posted, including but not limited to any open space. ... III. Penalties. All penalties under this section are cumulative of and not a substitute for any other criminal statutes and penalties associated with the activities prohibited herein. Any person who violates this section shall be guilty of a petty offense.
Full Breakdown
Section 38-5 of the La Plata County Code, Prohibited substances, sits in Chapter 38 (Public Places) and covers property owned or leased by La Plata County. It does not reach private patios or the parks and sidewalks of Durango, Bayfield or Ignacio, which set their own rules, and tribal trust land answers to the Southern Ute Indian Tribe.
Two subsections carry the smoking rule. Subsection (I)(D) makes it unlawful to smoke in any building and within thirty (30) feet of the entrance to any building owned, or space leased, by La Plata County. That distance applies at every entrance, and it applies to leased space as well as county-owned buildings. Subsection (I)(E) is broader: it is unlawful to smoke on any property owned or leased by La Plata County, unless otherwise posted, including but not limited to any open space. The phrase unless otherwise posted means the county can post an area to allow smoking, and absent that posting the ban stands. Open space is named expressly, so trails and open-space parcels the county owns are inside the rule.
Section 38-5 does not itself define smoking, so the clauses use the ordinary meaning of the word.
The Board of County Commissioners adopted the section under C.R.S. 18-9-117, 30-11-101 and 30-15-401. Subsection (II) directs the county manager to post notice of the prohibition against smoking and prohibited substances on county property as deemed necessary or appropriate, following C.R.S. 18-9-117(2). The same section bans alcohol, marijuana and natural medicine on county property in subsections (I)(A) through (C). It took effect 2/14/2025 through Ordinance No. 2025-01, adopted 02/11/2025.
Violations & Fines
Smoking in violation of Sec. 38-5 in unincorporated La Plata County is a petty offense. The section prints no fine amount or jail term. Its penalties are cumulative of and not a substitute for any other criminal statutes and penalties associated with the activities prohibited, so other applicable charges can accompany a county smoking violation.
Frequently Asked Questions
How close to a La Plata County building can I smoke?
Can I smoke on county open space or trails?
Is smoking a criminal matter in La Plata County?
Does the rule cover my own yard or a Durango patio?
Sources & Official References
Other rules in La Plata County
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