Sherman, TX Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- Twenty-five (25) feet from outside entrances, operable windows and ventilation systems
- Fine range
- $25 to $500 per violation
- Repeat convictions
- Not less than $50 (second), not less than $100 (third and later)
- Patio
- Smoking within a defined patio is a defense to prosecution
- Vaping
- E-cigarette vapor counts as smoking
- Enforcing agency
- Sherman Police Department
Summary
In the City of Sherman, Texas, it is an offense to smoke or possess burning tobacco, weed or other plant product in restaurants, bars, city meeting rooms and other listed public areas, and within twenty-five feet of the outside entrances, operable windows and ventilation systems of enclosed public places where smoking is prohibited. Patios are a defense. Fines run from $25 to $500.
(a) A person commits an offense if he smokes or possesses burning tobacco, weed or other plant product in any of the following areas: ... (5) Restaurants or bars; ... (11) Within twenty-five (25) feet of outside entrances, operable windows, and ventilation systems of enclosed areas of public places where smoking is prohibited, so as to prevent tobacco smoke from entering those areas. ... (c) It is further a defense to prosecution under this section if the person was smoking: ... (2) Within the confines of the patio as defined by section 8.06.001 of this article;
Full Breakdown
Article 8.06 of the Sherman Code of Ordinances, adopted by the Sherman City Council as Ordinance 5887 on 7/20/15, makes smoking an offense in a defined list of places. Section 8.06.002(a) covers public elevators, hospitals and nursing homes, city conference rooms and public service areas, enclosed retail and service establishments, restaurants or bars, common-use areas such as restrooms and lobbies, public school facilities, polling places and convention facilities. Subsection (a)(11) is the outdoor reach of the article: the twenty-five foot buffer around outside entrances, operable windows and ventilation systems of enclosed public places where smoking is prohibited.
"Smoking" is defined broadly. It covers inhaling, exhaling, burning or carrying any lighted or heated cigar, cigarette, pipe or other tobacco or plant product, and it expressly includes e-cigarette vapor. The list in § 8.06.002(a) does not name parks or playgrounds, so the ordinance does not by its own terms ban smoking in an open park.
Section 8.06.002(c) lists four defenses: a private club, the confines of a "patio" as defined in § 8.06.001, a retail or service establishment primarily engaged in selling tobacco or smoking implements, and a participant in an authorized theatrical performance. The definition of patio is a designated outdoor area adjacent to a restaurant or bar where food or beverages are served or consumed. Owners who control a covered area must post a conspicuous sign at the main entrance or perimeter, with lettering at least three-fourths inch high reading "no smoking except in designated areas" or "no smoking permitted" and "City of Sherman Ordinance" in letters at least three-eighths inch high, plus the universal no-smoking emblem. Section 8.06.003 requires a written smoking policy for any area where smoking is allowed, open to inspection by employees and the director.
Violations & Fines
Under § 8.06.005 a violation draws a fine of not less than $25 and not more than $500. A second conviction carries a fine of not less than $50, and a third and each later conviction not less than $100. Each day a violation is permitted to exist is a separate offense. A food establishment owner gets a written warning and a copy of the article before any penalty is assessed. The Sherman Police Department enforces, and the city manager or an aggrieved person can seek an injunction.
Frequently Asked Questions
Can I smoke on a restaurant patio in the City of Sherman, Texas?
Does the twenty-five foot rule apply at every Sherman storefront?
Does vaping count under the Sherman smoking ordinance?
Who can report or sue over a smoking violation in Sherman?
Sources & Official References
Other rules in Sherman
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