Milwaukee, WI Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- 30 feet from city buildings
- Governing section
- Milwaukee Code § 105-49
- Who designates areas
- Commissioner of public works
- Bars/restaurants exception
- Can set outdoor smoking area
- E-cigarettes covered
- Same as combustible tobacco
Summary
Milwaukee prohibits smoking and holding lit tobacco products within 30 feet of any public building the city owns or leases, and the public works commissioner can designate other unenclosed city property, including parks, as smoke-free.
1. SMOKING PROHIBITED UPON
UNENCLOSED CITY PROPERTY. a. The
commissioner of public works may designate
unenclosed properties owned or leased by the city as
areas where smoking is prohibited for the purpose of
protecting and preserving the health and comfort of
the public.
b. Smoking or carrying, possessing, or
being in control of any lit tobacco product is prohibited
within 30 feet of any public building owned or leased
by the city.
2. STATE SIGNAGE REQUIREMENTS.
Signs setting forth the prohibition against smoking
shall comply with requirements established by the
state of Wisconsin department of safety and
professional services, if any, and shall include
information reasonably sufficient to inform individuals
of the physical area within which smoking shall not be
permitted. It is a violation of this section for an
individual, following warning by any city employee or
by any member of the public, to continue smoking
within the posted area.
3. DESIGNATION OF OUTSIDE
SMOKING AREAS. Notwithstanding any other
provision of this section, any person in charge of a
restaurant, tavern, private club or retail establishment
may designate an outside area that is a reasonable
distance from any entrance to the restaurant, tavern,
private club or retail establishment where customers,
employees, or persons associated with the restaurant,
Full Breakdown
Milwaukee Code of Ordinances § 105-49 bans smoking, and carrying, possessing or controlling any lit tobacco product, within 30 feet of any public building the city owns or leases. The commissioner of public works can additionally designate other unenclosed city-owned or leased properties, including parks and plazas, as no-smoking areas, which must be posted with signage; continuing to smoke there after a warning is a separate violation. Restaurants, taverns, private clubs and retail establishments can still designate an outside smoking area a reasonable distance from their entrances under state law. Electronic smoking devices and paraphernalia are treated the same as combustible tobacco.
Violations & Fines
Smoking or holding a lit tobacco product within 30 feet of a city-owned building, or smoking in a posted no-smoking city-property area after a warning, violates Milwaukee Code of Ordinances § 105-49.
Frequently Asked Questions
Can I smoke in a Milwaukee city park?
Do e-cigarettes count under Milwaukee's outdoor smoking ban?
Sources & Official References
Other rules in Milwaukee
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Milwaukee County handle outdoor smoking restrictions.