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Hawaii County, HI Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Outdoor restaurant/bowling patios
banned if food is served
Buffer from entrances/air intakes
20 feet
County parks & rec facilities
smoking banned entirely
Smoker fine
$25-$50 (parks: $100)
Business non-compliance fine
up to $500 (repeat)
Covers
tobacco and e-cigarettes

Summary

Hawai'i County's smoking ban reaches outdoors too: it covers open-air restaurant and bowling-alley seating where food is served, a twenty-foot buffer around any building entrance or air intake, and every County park and recreational facility, under HCC §14-21. Fines run $25 to $50 per violation under §14-24.

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

Section 14-21(a)(2): Restaurants and bowling alleys. If a restaurant or bowling alley contains an outdoor, open air or partially enclosed seating area where food and beverages are served, smoking is prohibited in this area of the establishment. (14) Smoking or the use of electronic smoking devices is prohibited within a presumptively reasonable minimum distance of twenty feet from any entrance to, exit from, or any fresh air intake of any enclosed area... (b) Smoking or the use of any tobacco products, or the use of electronic smoking devices shall be prohibited at all County parks and recreational facilities listed in section 15-68.1. Section 14-24(b): Any person violating any of the provisions of subsection 14-21(a) shall be fined not less than $25 and not more than $50. Any person violating subsection 14-21(b) shall be fined $100 for each separate offense.

Full Breakdown

Section 14-21(a)(2) specifically bans smoking, including e-cigarettes, in a restaurant or bowling alley's outdoor, open-air, or partially enclosed seating area whenever it's used for serving food and beverages, not just the indoor dining room. Section 14-21(a)(14) goes further, prohibiting smoking within a "presumptively reasonable" twenty-foot buffer of any entrance, exit, or fresh-air intake of an enclosed area, so lighting up on the sidewalk right outside most business doors is a violation even outdoors. 1, unconnected to the buffer or indoor rules. The ban also reaches vehicles owned or leased by the County, taxicabs, and any motor vehicle carrying a passenger under eighteen.

Section 14-22 carves out private residences (except when used for licensed child care, adult day care, or health care during business hours), individually designated smoking rooms in hotels and motels, and retail tobacco stores whose smoke doesn't infiltrate other areas. Section 14-23 requires clearly posted "Smoking is Prohibited by Law" signs, or the international no-smoking symbol, at every entrance of a covered place, and gives a business ten days to fix a missing-sign violation before the fine attaches.

Violations & Fines

An individual smoker is fined $25 to $50 per violation of §14-21(a) under §14-24(b), or a flat $100 for smoking in a banned park under §14-21(b). An owner, manager, or operator who fails to enforce the ban faces up to $100 for a first violation, up to $200 for a second within a year, and up to $500 for each additional violation within that year, under §14-24(c).

Frequently Asked Questions

Can I smoke on a restaurant's outdoor patio on the Big Island?
No, not if food and drinks are served there. Section 14-21(a)(2) specifically bans smoking in a restaurant or bowling alley's outdoor, open-air, or partially enclosed seating area whenever it's used for serving food and beverages.
Can I smoke near the entrance of a store or office building?
No. Section 14-21(a)(14) bans smoking within a "presumptively reasonable" twenty-foot buffer of any entrance, exit, or fresh-air intake of an enclosed area, so smoking is prohibited right outside most business doors.
Are Hawai'i County parks and beach parks smoke-free?
Yes. Section 14-21(b) bans tobacco products and electronic smoking devices at all County parks and recreational facilities listed in §15-68.1, separate from the twenty-foot buffer and indoor rules.
What's the fine for smoking somewhere it's banned?
An individual smoker faces $25 to $50 per violation under §14-24(b), or a flat $100 for smoking in a banned park; a business that fails to enforce the ban can be fined up to $100, $200, or $500 for repeat violations within a year.

Sources & Official References

Other rules in Hawaii County

All Hawaii County rules

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