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Madison, WI Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

25-ft buffer
Around entrances, air intakes, windows of City buildings
Parking garages
No smoking within 5 ft of entrances
Parks/beaches
Banned where posted by Park Commission
Zoo
Banned on all Henry Vilas Zoo property
Enforcement
Public Health Madison & Dane County plus Police
Penalty
$125 first offense, up to $500 after

Summary

Madison bans smoking and tobacco use within 25 feet of any entrance, air intake, or operable window of a City-owned building, in posted City parks and beaches, within 5 feet of City parking garage entrances, and on Henry Vilas Zoo property, under Madison General Ordinances § 23.05(4). Public Health Madison and Dane County, the joint city-county health department, enforces the ban with the Police Department.

(4)Prohibition of Smoking in Outdoor Areas. It shall be unlawful for any person to smoke or use tobacco products in the following outdoor areas.(a)Outside the City-County Building:1.Between the public sidewalk and the Martin Luther King, Jr. Boulevard side of the building including but not limited to the entrance steps, the planters, and all cement areas adjacent to the building;2.Between the public sidewalk and the West Wilson Street side of the building... (b)Within twenty-five (25) feet of any entrance, outdoor air intake or operable window of any building owned by the City... (c)City parks and beaches as posted and so designated by the Park Commission.(d)Within five (5) feet of all entrances to City parking garages... (e)On Henry Vilas Zoo property, including all of the buildings.

Source: Madison Parks DivisionView official code

Full Breakdown

05(4) lists the outdoor areas where smoking and tobacco use are banned: designated zones around the City-County Building's Martin Luther King Jr. Boulevard and West Wilson Street sides; within 25 feet of any entrance, outdoor air intake, or operable window of any City-owned building; City parks and beaches as posted and designated by the Park Commission; within five feet of all entrances to City parking garages; and all of Henry Vilas Zoo property, including its buildings. 05(8), and removing or defacing a required sign is itself unlawful.

05(9) is split between the Director of Public Health Madison and Dane County, the joint city-county health department that administers much of the City's public-health regulation, or a designee, and the Chief of Police or a designee, both authorized to enter premises to check compliance after granting at least a week to fix problems. 05(10) bars retaliating against anyone who exercises rights under the section, such as an employee or patron. Where the ordinance conflicts with the statewide indoor smoking law, Wis. 05(12) directs that the more restrictive provision controls, and City employees who violate either law can also face progressive discipline from their employer.

Violations & Fines

A first violation carries a forfeiture of up to $125, rising to up to $500 for a second or subsequent offense under § 23.05(11)(a), with each day of continued violation treated as a separate offense. City employees may also face progressive discipline under § 23.05(12)(b) in addition to the forfeiture.

Frequently Asked Questions

Can I smoke outside a Madison city building?
No, § 23.05(4)(b) prohibits smoking within 25 feet of any entrance, outdoor air intake, or operable window of a building the City owns, in addition to specific buffer zones outside the City-County Building under § 23.05(4)(a).
Is smoking banned in all Madison parks?
Only in parks and beaches the Park Commission has posted and designated as smoke-free under § 23.05(4)(c): the ban is park-by-park based on posted signage, not automatically citywide across every park.
Who enforces Madison's outdoor smoking ban?
§ 23.05(9)(a) gives enforcement power to the Director of Public Health Madison and Dane County, the area's joint city-county health department, or a designee, along with the Chief of Police or designee, both of whom may inspect premises and issue citations.
What's the fine for smoking in a banned outdoor area in Madison?
§ 23.05(11)(a) sets a forfeiture of up to $125 for a first offense and up to $500 for a second or subsequent offense, with each day of continued violation counted as a separate offense.

Sources & Official References

Other rules in Madison

All Madison rules

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Outdoor Smoking Restrictions in Nearby Cities

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