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La Plata County, CO Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

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

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?
Not within thirty (30) feet of the entrance. Sec. 38-5(I)(D) bars smoking in any building and within thirty (30) feet of the entrance to any building owned, or space leased, by La Plata County. The buffer applies to leased space as well as county-owned buildings.
Can I smoke on county open space or trails?
Not unless the area is posted otherwise. Sec. 38-5(I)(E) makes it unlawful to smoke on any property owned or leased by La Plata County, unless otherwise posted, and names open space expressly. A posted sign is the only route to an allowed area.
Is smoking a criminal matter in La Plata County?
A violation is a petty offense under Sec. 38-5(III). The section prints no dollar fine, and it states that its penalties are cumulative of and not a substitute for any other criminal statutes and penalties associated with the activities prohibited.
Does the rule cover my own yard or a Durango patio?
No. Section 38-5 covers property owned or leased by La Plata County. A private yard is not county property, and Durango, Bayfield and Ignacio each set their own rules within their limits. Tribal trust land is governed by the Southern Ute Indian Tribe.

Sources & Official References

Other rules in La Plata County

All La Plata County rules

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