Lacey, WA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- Twenty-five feet from entrances, exits, windows that open, ventilation intakes
- Base prohibition
- No smoking in a public place or place of employment
- Maximum fine
- Civil fine of up to $100.00
- Rebutting the distance
- Apply to the Thurston County Health Department director
- Standard to rebut
- Clear and convincing evidence
- Required signs
- Posted conspicuously at each building entrance
Summary
In the City of Lacey, Washington, smoking is prohibited in public places and places of employment, and within a presumptively reasonable minimum distance of twenty-five feet from entrances, windows that open, and ventilation intakes serving an enclosed smoke-free area. Violators face a civil fine of up to $100.00 under Chapter 9.46.
Smoking is prohibited within a presumptively reasonable minimum distance of twenty-five feet from entrances, exists, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited so as to ensure that tobacco smoke does not enter the area through entrances, exists, open windows, or other means. Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five feet is a reasonable minimum distance by making application to the director of the Thurston County Health Department. The presumption will be rebutted if the applicant can show by clear and convincing evidence that, given the unique circumstances presented by the location of entrances, exists, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance.
Full Breakdown
Chapter 9.46 of the Lacey Municipal Code, Smoking in Public Places, does its outdoor work through a distance rule. Section 9.46.030 prohibits smoking within a presumptively reasonable minimum distance of twenty-five feet from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. The stated purpose is to ensure that tobacco smoke does not enter the area through entrances, exits, open windows, or other means. A person smoking on a patio, sidewalk or lot in the City of Lacey is inside the rule when standing within that distance of a door or open window.
The base prohibition is § 9.46.020: no person may smoke in a public place or in any place of employment. Section 9.46.010 defines "smoke" as carrying or smoking any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. A public place is that portion of any building or vehicle used by and open to the public, and it includes the twenty-five foot buffer. The list of examples includes schools, libraries, restaurants, bars, taverns, casinos, hospitals and retail stores, and it does not name parks. A private residence is not a public place unless it is used to provide licensed child care, foster care, adult care, or similar social services care.
A business can ask for a shorter distance. Owners, operators, managers and employers can apply to the director of the Thurston County Health Department, and the presumption is rebutted only if the applicant shows by clear and convincing evidence that smoke will not infiltrate the entrances, exits, open windows or ventilation intakes.
Signs are required under § 9.46.040: conspicuously at each building entrance, and in retail stores and retail service establishments at each entrance and in prominent locations throughout. Under § 9.46.070, the Thurston County Health Department enforces the sign requirement by serving a notice requiring correction, by an injunction action, or by referring the matter to the city for civil penalties under Chapter 14.40 LMC.
Violations & Fines
Intentionally smoking in a public place or place of employment, or removing, defacing or destroying a required sign, carries a civil fine of up to $100.00 under § 9.46.060. City law enforcement issues a notice of infraction, handled like a traffic infraction under Chapter 46.63 RCW, with fines paid to the city. Sign failures are enforced by the Thurston County Health Department.
Frequently Asked Questions
How far from a door do I have to be to smoke in Lacey?
Can a business get a shorter distance than twenty-five feet?
What is the fine for smoking in a prohibited area?
Does the Lacey smoking chapter name parks?
Does the smoking ban reach my home?
Sources & Official References
Other rules in Lacey
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