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

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

Key Facts

Outdoor smoking ban scope
all City of Milton-owned property
Exception
city-designated outdoor smoking areas
Per-violation forfeiture
$100 to $250 (§30-144(1))
Adopted
Ord. No. 311, July 6, 2010
Governing section
§30-143(e)

Summary

Milton bans smoking outdoors on any property the city owns. Section 30-143(e) states that no person may smoke outdoors on any property owned by the City of Milton, with the sole exception of areas the city itself designates for smoking, and violators face a $100.00 to $250.00 forfeiture per offense.

(e)Prohibition against smoking outdoors. No person may smoke outdoors on any property owned by the City of Milton with the exception of outdoor smoking areas designated by the city. ... (1)Any person who violates subsections [30-133](b), (d), or (e), shall be subject to a forfeiture of not less than $100.00 nor more than $250.00 for each violation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 21 Update 2).

Full Breakdown

Section 30-143 is Milton's broader indoor clean-air ordinance, banning smoking in common areas of multi-unit housing, correctional facilities, day cares, schools, government buildings, health-care facilities, lodging establishments, workplaces, private clubs, public places, restaurants, retail stores, state institutions, taverns, and theaters, subject to narrow carve-outs for private residences, certain assisted-living rooms, and retail tobacco stores or tobacco bars operating before the ordinance's 2010 adoption. Subsection (e) goes further than the indoor rule and reaches outdoors, prohibiting any person from smoking outdoors on any property owned by the City of Milton with the exception of outdoor smoking areas designated by the city.

That sweeps in city parks, city hall grounds, and any other city-owned parcel, unless the city has posted a designated smoking area. Persons in charge of a location, such as a restaurant or tavern operator, bear their own duties under § 30-143(f): they must post signs, refuse service to smokers, ask violators to leave, and call law enforcement if someone refuses; a person in charge can also designate an outdoor smoking spot for their own business, but never on city-owned property. Ordinance No. 311, adopted July 6, 2010, created the whole article, and an editor's note explains the sections were renumbered from §§ 30-133 and 30-134 to their current § 30-143 and § 30-144 to preserve the code's numbering scheme.

Violations & Fines

Section 30-144(1) sets the penalty for violating the smoking prohibitions, including the outdoor ban in subsection (e): a forfeiture of not less than $100.00 nor more than $250.00 for each violation. A person in charge who fails to post required signage or take other compliance steps faces a separate $100.00 forfeiture under § 30-144(2), though a first-time notice failure draws only a warning, not a citation, and no person in charge owes more than $100.00 total for all such violations in one day.

Frequently Asked Questions

Can I smoke in a Milton city park?
No, unless the city has designated that spot as a smoking area. Section 30-143(e) prohibits smoking outdoors on any property owned by the City of Milton, with the exception of outdoor smoking areas designated by the city, and city parks and grounds are property the city owns.
Does the outdoor smoking ban apply to a private restaurant's outdoor patio?
Not by itself. Section 30-143(e) reaches only property the City of Milton owns; a restaurant, tavern, or retail establishment can designate its own outdoor smoking area for customers or employees under § 30-143(f)(6), as long as that area isn't on city-owned land.
What's the fine for smoking where it's banned in Milton?
Section 30-144(1) sets a forfeiture of not less than $100.00 nor more than $250.00 for each violation for breaking the smoking prohibitions, including the outdoor ban on city property, and each instance of smoking in a prohibited spot can be charged as a separate violation.

Sources & Official References

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