Milton, WI Public Conduct: Outdoor Smoking Restrictions (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.
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?
Does the outdoor smoking ban apply to a private restaurant's outdoor patio?
What's the fine for smoking where it's banned in Milton?
Sources & Official References
Other rules in Milton
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Rock County handle outdoor smoking restrictions.