New Berlin, WI Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- City building buffer
- 50 feet from public entrances
- Park smoking rule
- Prohibited where posted, § 184-3 F
- Park citation deposit
- $40 base
- Mayor's authority
- May designate outdoor smoking areas
- State law layered in
- Wis. Stat. § 101.123 via § 93-9
Summary
New Berlin bars smoking inside any building and, under Section 93-8, within 50 feet of any public entrance to a City building. Section 184-3 F separately bans smoking in park buildings and in any park or parkway area carrying an official no-smoking notice, with violations of the park rule carrying a $40 base citation deposit.
Except in such specific outdoor areas as are designated by the Mayor to permit smoking, all persons shall refrain from smoking: A.In City buildings, facilities and vehicles. Buildings shall include all that area enclosed within the outermost entry doors.B.Within 50 feet of any public entrance to City buildings. ... F.Smoking; when prohibited.(1)No person shall smoke or hold a lighted cigarette, cigar or pipe in any building, or section of a building, or in any park or parkway area when officially posted notices so prohibit.(2)No person shall throw or drop a lighted cigar or cigarette stub or empty a lighted pipe from an automobile moving along a parkway drive.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Municipal Code: Supplement 3 Update 1).
Full Breakdown
Two separate chapters cover smoking outdoors in New Berlin. Section 93-8, Restrictions on City Property, bars smoking inside City buildings, facilities and vehicles, defining 'buildings' as everything enclosed within the outermost entry doors, and extends the ban to within 50 feet of any public entrance to a City building. The Mayor may designate specific outdoor smoking areas as exceptions; absent that designation, the 50-foot buffer applies citywide to every City facility entrance. Section 184-3 F, part of the Park Regulations chapter enforced by the Parks, Buildings and Grounds Commission, prohibits smoking or holding a lighted cigarette, cigar or pipe inside any park building or in any park or parkway area where officially posted notices prohibit it, meaning the ban in open park space is signage-dependent rather than blanket.
The same subsection separately bars throwing or dropping a lit cigar or cigarette stub, or emptying a lit pipe, from a moving vehicle on a parkway drive. 123, adopted by reference for indoor public places and employment across the City. Citations for violating the park smoking rule under Section 184-3 F carry a $40 base deposit under the City's citation schedule, while other Chapter 93 violations are enforced under the general penalty in Section 1-18.
Violations & Fines
A citation for smoking in a posted park area under Section 184-3 F carries a $40 base cash deposit, payable to the Chief of Police before a scheduled court date under the citation procedure in Section 1-18. General violations of Chapter 93's smoking restrictions, including the 50-foot buffer around City building entrances, are subject to Section 1-18's forfeiture of $5 to $1,000 plus court costs, doubling for a second offense within a year.
Frequently Asked Questions
Can I smoke in a New Berlin park?
How close to a City building can I smoke?
Does New Berlin follow the state smoke-free workplace law?
Sources & Official References
Other rules in New Berlin
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Waukesha County handle outdoor smoking restrictions.