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Owensboro, KY Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

First violation fine
Up to $100
Repeat violation fine
Up to $250 within one year
Covers
Parks, restaurants, bars, outdoor seating areas
Buffer zone
25 feet from entrances, windows, outdoor seating
Enforced by
Police, fire department, code enforcement, city manager
Enacted
Ordinance No. 23-2014, effective September 3, 2014

Summary

Owensboro's Smoke Free Law, Sec. 16-278, bars smoking in any public place, city park, restaurant, or bar, and the restaurant definition folds in outdoor seating and patios. A first violation draws a fine up to $100, with up to $250 for each repeat within a year, and businesses that let patrons smoke risk having their city permit or license suspended.

Restaurant: ... An eating establishment, including, but not limited to, coffee shops, cafeterias, food trucks, sandwich stands, and private and public school cafeterias ... The term "restaurant" shall include a bar area within the restaurant and/or an outdoor area at which food or drink is served, whether enclosed or not. All areas where food or beverages are served or consumed at a restaurant are considered public places. ... (a)No person shall smoke in any public place, public park, restaurant, bar, area for which the city has granted an encroachment permit, area for which the city has granted a special events permit, area for which the city has granted a permit for use of a defined geographic space that would otherwise be considered trespassing or an unlawful encroachment under section 24-121, or in any place prohibited by the county fiscal court, by and thru ordinance KOC No. 450.1 (2005). ... (1)A fine not exceeding one hundred dollars ($100.00) for a first violation;(2)A fine not exceeding two hundred and fifty dollars ($250.00) for each additional violation within one (1) year;

Full Breakdown

Article XI of Chapter 16, enacted by Ordinance No. 23-2014, prohibits smoking in city parks, restaurants, bars, and any area covered by a city encroachment or special-events permit (Sec. 16-278(a)). The definitions in Sec. 16-277 do the real work: a restaurant includes any bar area within it and any outdoor area where food or drink is served, whether enclosed or not, and all areas where food or beverages are served or consumed at a restaurant count as public places, so a patio or sidewalk cafe tied to a restaurant is covered along with the dining room.

A public park reaches every public area of a designated park, including ballparks, basketball and tennis courts, skate parks, and bicycle trails. The public-place definition also extends the ban to within twenty-five feet of outside entrances, operable windows, and outdoor seating areas. Owners, managers, and employees may not permit smoking in a regulated area, and must direct a smoker to stop, refuse service if they continue, and ask them to leave; if the person will not leave, staff call law enforcement (Sec. 16-278(b), 16-279(d)). Police, the fire department, code enforcement officers, and the city manager or a designee enforce the article, including during routine business inspections (Sec. 16-279). No Smoking signs or the international no-smoking symbol must be posted where smoking is barred, and ashtrays removed from those areas (Sec. 16-281).

Violations & Fines

Sec. 16-280 sets a fine up to $100 for a first violation and up to $250 for each additional violation within a year. A person who refuses to extinguish a cigarette when directed can be asked to leave and prosecuted for trespass if they refuse, and an owner or operator who lets smoking continue risks suspension or revocation of a city permit or license, plus injunctive nuisance abatement and attorneys' fees.

Frequently Asked Questions

Can I smoke on a restaurant patio in Owensboro?
No. Sec. 16-278 prohibits smoking in any restaurant, and Sec. 16-277 defines restaurant to include an outdoor area at which food or drink is served, whether enclosed or not, so patios and outdoor seating count as smoke-free public places just like the indoor dining room.
Is smoking allowed in Owensboro's public parks?
No. The smoke-free law's definition of public place specifically lists public parks, including ballparks, basketball and tennis courts, skate parks, bicycle trails and other areas of parks the city owns or operates where the public gathers, per Sec. 16-277, and Sec. 16-278 bans smoking there.
What is the fine for smoking in a prohibited area?
Sec. 16-280 sets a fine not exceeding $100 for a first violation and not exceeding $250 for each additional violation within one year, and a business that allows smoking risks suspension or revocation of its city permit or license on top of the fine.
How close to a building entrance must I be to smoke legally?
At least 25 feet. The public place definition in Sec. 16-277 extends the smoking prohibition to within twenty-five feet of outside entrances, operable structural windows and outdoor seating areas, so standing just outside a doorway or patio railing does not avoid the citywide smoking ban.

Sources & Official References

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