Skip to main content
CityRuleLookup

New Berlin, WI Public Conduct: Outdoor Smoking Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 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.

View official code

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?
Only where it isn't posted against it. Section 184-3 F bans smoking inside park buildings and in any park or parkway area carrying an official no-smoking notice, and a citation for violating it carries a $40 base deposit under the City's citation schedule.
How close to a City building can I smoke?
Not within 50 feet of any public entrance to a City building. Section 93-8 also bars smoking entirely inside City buildings, facilities and vehicles, unless the Mayor has designated a specific outdoor area where smoking is permitted; enclosed areas within the outermost entry doors count as part of the building.
Does New Berlin follow the state smoke-free workplace law?
Yes. Section 93-9 adopts Wisconsin Statute 101.123, the state's indoor smoke-free workplace and public-place law, by reference as City law, layering it on top of the City's own 50-foot building-entrance buffer and the posted-area restriction in City parks and parkways.

Sources & Official References

Other rules in New Berlin

All New Berlin rules

Compare New Berlin to another location·View the Wisconsin public conduct overview

Get notified when Outdoor Smoking Restrictions in New Berlin, WI changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.

Outdoor Smoking Restrictions in Nearby Cities

How other cities in Waukesha County handle outdoor smoking restrictions.

Waukesha, WI
Some Restrictions