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Rapid City, SD Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Trigger
Owner-posted smoke-free signage
Coverage
Any building or premises, indoors or out
Fine
Up to $100 per violation
Enacted
Ord. 3035 (1993)
Citation
Rapid City Municipal Code § 8.32.050

Summary

Rapid City Municipal Code § 8.32.050 makes it a $100 offense to smoke in any building or on any premises, indoors or outdoors, once the owner or person in charge has posted a sign declaring it smoke free. There is no citywide outdoor smoking ban; the rule turns on the owner's own signage.

No person shall smoke or carry lighted tobacco in any form in any building or upon any premises or portion thereof where the owner or persons in charge thereof have posted signs declaring the building or premises or portion thereof to be smoke free or otherwise stating that smoking is prohibited. A violation of this section shall be punishable by a fine of not more than $100.

Full Breakdown

Enacted by Ord. ' Because the section reaches 'any premises or portion thereof,' it covers outdoor areas an owner controls, such as a restaurant patio, an office courtyard, or the outdoor seating of a bar, once that owner posts the required sign, not just interior rooms. The section predates South Dakota's later Indoor Clean Air Act (SDCL Chapter 34-46) and works independently of it: it gives a private property owner or manager in Rapid City a direct, locally enforceable way to keep smokers off any part of their property, indoors or out, by posting notice rather than relying only on state law.

The section carries its own fixed penalty rather than routing through the citywide general penalty chapter, and it applies equally to any tobacco product 'in any form,' not just cigarettes.

Violations & Fines

A violation of § 8.32.050 is punishable by a fine of not more than $100. The section sets this cap itself rather than cross-referencing the general penalty in § 1.12.010, so it is a lower, flat maximum regardless of how many times the same person is cited.

Frequently Asked Questions

Can a Rapid City business ban smoking on its patio?
Yes. Section 8.32.050 covers any building or premises 'or portion thereof,' including outdoor areas, once the owner or person in charge posts a sign declaring it smoke free. Smoking there afterward is a citable offense.
Is there a citywide outdoor smoking ban in Rapid City parks?
No general tobacco ban covers all outdoor city property. Section 8.32.050 only applies once an owner or manager has actually posted smoke-free signage on their building or premises; it does not by itself prohibit smoking in every city park or public sidewalk.
What's the fine for smoking where a smoke-free sign is posted?
Up to $100 per violation. Section 8.32.050 sets its own flat fine cap rather than using the citywide general penalty schedule in § 1.12.010.
Does this rule apply to vaping or just cigarettes?
The text bans smoking or carrying 'lighted tobacco in any form,' so it covers any combusted tobacco product rather than a single named item. It is narrower than the separate marijuana public-smoking ban in § 8.32.060.

Sources & Official References

Other rules in Rapid City

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