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Pearland, TX Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Outdoor buffer
25 feet from entrances, windows, vents
Covers
E-cigarettes and electronic smoking devices
City property
Parks, golf courses, zoos, playgrounds included
Smoker fine
Up to $2,000, Class C misdemeanor
Business fine
$200 to $500, escalating per violation
Governing section
Code of Ordinances § 20-9

Summary

Pearland's Section 20-9 smoking ban does not stop at building doors. It requires smoke-free enclosed public places and workplaces citywide, then extends outdoors: smoking is banned within 25 feet of any entrance, window or ventilation intake of a smoke-free building, and inside the seating area of any outdoor arena, stadium or amphitheater, including city parks and golf courses.

(3)A person commits an offense if the person smokes within twenty-five (25) feet from an entrance, operable window, or ventilation system of an enclosed area in which smoking is prohibited. ... (e)Reasonable distance. Smoking is prohibited within a reasonable distance of not less than twenty-five (25) feet outside entrances, operable windows, and ventilation systems of enclosed areas where smoking is prohibited.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 28).

Full Breakdown

Section 20-9 of the Code of Ordinances prohibits smoking, defined to include e-cigarettes and other electronic smoking devices, in any enclosed public place or workplace within the city, listing examples ranging from restaurants, retail stores and bars to lobbies, elevators and common areas of apartment buildings. Subsection (c)(3) extends the ban outdoors: a person commits an offense by smoking within 25 feet of an entrance, operable window or ventilation system of an enclosed area where smoking is barred, and subsection (e) restates that 25-foot buffer as the citywide minimum reasonable distance.

Subsection (d) separately bans smoking in the seating area of any outdoor arena, stadium or amphitheater. Subsection (f) applies the whole article to all city-owned facilities, including zoos, parks, playgrounds, golf courses, buildings and vehicles, though it exempts private boating on city lakes. Limited exceptions exist for a residential dwelling used exclusively as a residence, private vehicles not used for work, up to 20 percent of hotel or motel rooms designated as smoking rooms, and stand-alone retail tobacco stores where incidental product sales stay under 10 percent of gross sales and no alcohol is consumed.

The director of health and sanitation, fire department, police department, building inspections division, code enforcement officers and the city manager all share enforcement authority, and any citizen may report a violation directly to the health and sanitation director.

Violations & Fines

Smoking where prohibited is a Class C misdemeanor with a fine up to $2,000.00, and no culpable mental state has to be proven. An owner, manager or operator who lets smoking continue in a smoke-free public place or workplace faces a separate infraction: up to $200 for a first violation, $400 for a second within 12 months, and $500 for each violation after that. Each day of a continuing violation is a separate offense, and the city manager can suspend or revoke a business's permit or license.

Frequently Asked Questions

Can I smoke on a restaurant patio in Pearland?
Only if the patio sits outside the 25-foot buffer. Section 20-9 bans smoking inside 'enclosed' public places, and subsection (c)(3) separately forbids smoking within 25 feet of any entrance, operable window or ventilation system of a smoke-free building, so an open patio next to the restaurant's door is still covered by the ban.
Does the ban apply to city parks?
Yes. Subsection (f) applies Section 20-9 to all city-owned facilities, expressly naming parks, playgrounds and golf courses along with city buildings and vehicles. The only carve-out in that subsection is for private boating on city lakes, so smoking is barred throughout Pearland's park system except aboard a privately owned boat.
What happens if a bar lets patrons smoke inside?
The bar's owner, manager or operator faces an escalating infraction fine: up to $200 for a first violation, $400 for a second within 12 months, and $500 for every violation after that, plus possible suspension or revocation of a city-issued permit or license. Individual smokers inside also risk a separate Class C misdemeanor citation of up to $2,000.

Sources & Official References

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