New Braunfels, TX Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- 5 feet from entrances, windows, vents
- Exempt venues
- Bars and private clubs
- First-offense fine
- Up to $200.00
- Second-offense fine
- Up to $500.00
- Third+ offense fine
- Up to $2,000.00
- Parks
- Governed separately by chapter 86
Summary
New Braunfels bans smoking within five feet of the entrances, exits, operable windows, and ventilation intakes of any building where smoking is already prohibited indoors, so secondhand smoke cannot drift back in. Bars and private clubs are exempt from that five-foot buffer, and separate rules cover smoking in city parks. A first conviction under the article costs up to $200.00.
Sec. 62-338. - Smoking prohibited in outdoor areas. Smoking shall be prohibited in the following outdoor areas: (1)Within a distance of five feet, except bars and private clubs, from entrances, exits, operable windows, and ventilation systems of enclosed areas where smoking is prohibited so as to prevent smoke from entering those areas. (2)For outdoor smoking restrictions in city parks, refer to chapter 86 of this Code. Sec. 62-341. - Penalties for violations. Any person, firm, corporation, agent, employer or employee who violates any provision of this article shall, upon conviction, be fined an amount not more than $200.00; provided, however, that in the event a defendant has previously been convicted under this article, such defendant shall be fined an amount not more than $500.00 for a second conviction hereunder, and shall be fined an amount not more than $2,000.00 for a third conviction hereunder and for each conviction thereafter. Each day that a violation is committed or permitted to exist shall constitute a separate offense.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 36).
Full Breakdown
Sec. 62-338 extends the city's indoor smoking ban into outdoor space immediately around covered buildings. It prohibits smoking within five feet of entrances, exits, operable windows, and ventilation systems serving any enclosed area where smoking is already banned under Sec. 62-337, specifically to keep smoke from re-entering those spaces. The five-foot buffer carries a built-in carve-out for bars and private clubs, reflecting the broader article's exemption for private clubs, retail tobacco stores, vape shops, and private residences not used for child care, adult day care, or health care.
For outdoor smoking in city parks, Sec. 62-338(2) points enforcement to chapter 86 of the Code rather than duplicating a separate standard here. Sec. 00 for a third and every conviction after that. Each day a violation continues counts as a separate offense, so an establishment that keeps allowing outdoor smoking within the buffer zone accumulates a new violation daily rather than a single flat fine.
Violations & Fines
Smoking within five feet of a covered building's entrance, exit, window, or vent (outside the bar/private-club exemption) violates Sec. 62-338 and Sec. 62-341's penalty schedule: up to $200.00 for a first conviction, up to $500.00 for a second, and up to $2,000.00 for a third and each conviction thereafter, with every day of continued violation charged as a separate offense.
Frequently Asked Questions
How close to a building entrance can someone smoke in New Braunfels?
Can bars allow outdoor smoking near their doors in New Braunfels?
What is the fine for violating New Braunfels' outdoor smoking rule?
Sources & Official References
Other rules in New Braunfels
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