O'Fallon, MO Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Outdoor buffer
- 3 feet from entrances, windows, vents
- Smoker's fine
- Up to $50.00 per infraction
- Business fine
- Up to $500.00 per infraction
- Enforcer
- City Administrator or designee, Section 260.110
- Exempt sites
- Cigar bars, tobacco stores, private clubs
Summary
O'Fallon's smoke-free ordinance reaches outdoors too: smoking is banned within three feet of any entrance, operable window or ventilation intake of a building where indoor smoking is already prohibited. The rule targets doorway drift rather than parks or open patios generally, and violators face the same infraction fines as indoor smokers.
Smoking shall be prohibited in the following outdoor places: Within a reasonable distance of three (3) feet outside entrances, operable windows and ventilation systems of enclosed areas where smoking is prohibited, so as to ensure that tobacco smoke does not enter those areas... A person who smokes in an area where smoking is prohibited by the provisions of this Chapter shall be guilty of an infraction punishable by a fine not exceeding fifty dollars ($50.00). Except as otherwise provided in Section 260.100, a person who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Chapter shall be guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500.00).
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4860992; v58 updated 2026-05-14; through 05-14-2026).
Full Breakdown
040 (places of employment) already bar smoking indoors, meaning it follows every restaurant door, office entrance, retail entrance and government building doorway covered elsewhere in Chapter 260, rather than creating a freestanding park or patio ban. 070 separately exempts private residences, a defined share of hotel smoking rooms, employee-free private clubs, registered cigar bars and retail tobacco stores from the underlying indoor rules, and those exemptions carry through to the doorway buffer since there is no indoor ban for the buffer to extend from at an exempt location.
110, and inspection happens alongside other mandated business inspections; a citizen can also file a complaint directly with the City Administrator's office. 090 and remove ashtrays from those areas, which puts part of the burden of policing the doorway buffer on the property owner rather than solely on police patrols.
Violations & Fines
Section 260.120(A) makes smoking in a prohibited area an infraction punishable by a fine up to $50.00. An owner, manager or operator who fails to keep a public place or workplace smoke-free faces a steeper infraction fine of up to $500.00, and the City may also suspend or revoke that business's license or permit. Each day of a continuing violation counts separately.
Frequently Asked Questions
Can I smoke right outside a restaurant's front door in O'Fallon?
Does O'Fallon ban smoking in parks?
Who enforces O'Fallon's smoking ban and what can they fine?
Sources & Official References
Other rules in O'Fallon
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