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Mason County, WA Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
Mason County Code § 9.44.041
Covers
All county parks, owned property, property held in trust
Exceptions
Private vehicles/residences, county roads, sidewalk pass-through, park host RVs
Sales/ads ban
§ 9.44.042 bars sale, advertising, sampling, sponsorship
First response
Education and reminder before ejection
Escalated penalty
Ejection plus misdemeanor trespassing, RCW 9A.52.080

Summary

Mason County designates all county parks, county-owned real property, and property held in trust as tobacco and vape free areas under Mason County Code Section 9.44.041. The ban excludes private vehicles and residences, county roads, people merely passing through on a public sidewalk or right-of-way, and park host-owned recreational vehicles. Section 9.44.042 separately bars tobacco and vapor product sales, advertising, sampling, and sponsorship on county property.

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

All county property, including county parks, county-owned real property or property held in trust, shall be designated tobacco and vape free areas. County property does not include: (1)Private vehicles and residences unless otherwise required by individual or group contracts with the county;(2)County roads;(3)Any person passing by or through county property while on a public sidewalk or public right-of-way has not intentionally violated this chapter;(4)Park host-owned recreational vehicle. ... All county employees shall be encouraged to help educate the public about the tobacco and vape free zone policies in this chapter by reminding violators not to use tobacco or vape products on the property and by adding the guidelines to all use agreements and event publications. Violators, who refuse to comply with the tobacco and vape free zone policies, may be asked to leave the county park, county-owned real property, or property held in trust area.

Full Breakdown

Section 9.44.041, part of Chapter 9.44 governing county-owned real property including parks and property held in trust, designates all county property, including county parks, county-owned real property, and property held in trust, as tobacco and vape free areas. The chapter carves out four specific exceptions: private vehicles and residences unless a county contract says otherwise; county roads; anyone merely passing by or through county property while on a public sidewalk or public right-of-way, so long as they have not intentionally violated the chapter; and recreational vehicles owned by park hosts. Section 9.44.042 extends the policy by prohibiting the sale of tobacco or vapor products or related merchandise, prohibiting advertising of tobacco products, prohibiting free sampling of tobacco or vapor products, and prohibiting tobacco or vape sponsorship, meaning compensation or promotional items, all on county-owned or leased property or during county-sponsored events.

Enforcement leans on education first: Section 9.44.110(a) directs county employees to remind violators not to use tobacco or vape products on the property and to add the guidelines to use agreements and event publications, and violators who refuse to comply may be asked to leave the county park, county-owned real property, or property held in trust. Beyond that, Section 9.44.110(b) folds tobacco and vape violations into the chapter's general penalty: noncompliance with any rule of the county parks system, county-owned property, or property held in trust, or with any applicable federal, state, or local law, subjects a person to ejection and a misdemeanor trespassing in the second degree charge under RCW 9A.52.080.

Violations & Fines

A tobacco or vape violation first draws an educational reminder and a request to stop, per Section 9.44.110(a); refusal to comply can result in the person being asked to leave the county park, county-owned real property, or property held in trust. Continued noncompliance escalates under Section 9.44.110(b) to ejection from the property and a misdemeanor trespassing charge in the second degree under RCW 9A.52.080.

Frequently Asked Questions

Can I smoke in a Mason County park parking lot?
No, unless you are inside your own private vehicle. Section 9.44.041 designates county parks, county-owned property, and property held in trust as tobacco and vape free areas, and a parking lot is county property; only private vehicles and residences are excluded from the ban.
Are e-cigarettes and vapes included in the county park ban?
Yes. Section 9.44.041 titles the designation a 'tobacco and vape free zone' and applies it to the same county parks, county-owned real property, and property held in trust covered by the tobacco restriction, so vape devices are treated identically to tobacco products under the rule.
Can vendors sell tobacco at a county-sponsored event?
No. Section 9.44.042(a) prohibits the sale of tobacco or vapor products, or related merchandise, on county-owned or leased property or during county-sponsored events, and subsection (b) separately bars advertising those products at the same locations and events.

Sources & Official References

Other rules in Mason County

All Mason County rules

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