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Southaven, MS Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Entrance buffer
Fifteen feet from entrances and exits of no-smoking areas
Municipal parks
Smoking prohibited, including Snowden Grove and Central Park
Covered patios
Banned when over 50 percent of perimeter is closed
Vaping
E-cigarette use counts as smoking
Individual fine
Up to $50 first offense, up to $250 after
Business license
Suspension or revocation after three violations in twelve months

Summary

In the City of Southaven, Mississippi, smoking is unlawful in municipal parks, in the seating area of outdoor sports arenas, stadiums and amphitheaters, within fifteen feet of the entrance to or exit from a no-smoking area, and in covered restaurant patios walled on more than fifty percent of the perimeter. Vaping counts as smoking.

It shall be unlawful for any person to smoke in certain outdoor areas: ... (1)Within a reasonable distance of fifteen (15) feet immediately preceding the entrance to and fifteen (15) feet from the exit of an area where smoking is prohibited;(2)Attached areas of restaurants that are covered or partially covered with more than fifty (50) percent of the perimeter of the outside area walled or otherwise closed to the outside;(3)Seating area of outdoor sports arenas, stadiums, amphitheaters, and other venues;(4)Municipal parks.

Full Breakdown

Section 10-205 of the Smoking Ban Ordinance (Title X, Chapter 3, adopted May 6, 2014) extends Southaven's indoor smoking ban to four outdoor settings. The first is the zone within a reasonable distance of fifteen feet immediately preceding the entrance to, and fifteen feet from the exit of, an area where smoking is prohibited. The second is attached areas of restaurants that are covered or partially covered with more than fifty percent of the perimeter of the outside area walled or otherwise closed to the outside. The third is the seating area of outdoor sports arenas, stadiums, amphitheaters and other venues. The fourth is municipal parks.

The definitions matter. A municipal park is any park, facility, field or stadium, indoor or outdoor, maintained by the city, including Snowden Grove, Cherry Valley, Greenbrook Softball Complex, Central Park and Saucier Park and any other park maintained or owned by the city. Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, hookah or other lighted tobacco product, and it includes the use of an e-cigarette that creates a vapor.

Signs carry the rule. Section 10-206 requires no-smoking signs conspicuously posted at the primary entrance by the proprietor, employer or other person in charge, with the international no smoking symbol and a size of no smaller than five inches by five inches. Removing or defacing a required sign is unlawful. Under § 10-207 a proprietor who observes or is told of a violation must advise the smoker of the chapter and ask that the cigarette, e-cigarette or tobacco product be put out, and no ashtrays can be provided where smoking is prohibited.

Enforcement runs through the chief of police or a designee, who can enter the premises and enforce by summons and complaint or affidavit (§ 10-208). The Southaven Fire Department or Planning Department checks compliance during otherwise mandated inspections. Section 10-204 lists the areas outside the chapter, including private residences other than those used for child care, adult day care or health care, and retail tobacco stores that prohibit minors.

Violations & Fines

Under § 10-209, a person who smokes in violation faces a fine of no more than $50 for a first offense and no more than $250 for a second or later offense. An owner or operator who fails to comply commits a misdemeanor. The Board of Aldermen can suspend or revoke a business license after three or more violations within twelve months.

Frequently Asked Questions

Can I smoke in Snowden Grove Park in Southaven?
No. Section 10-205(4) makes smoking unlawful in municipal parks, and the definition names Snowden Grove, Cherry Valley, Greenbrook Softball Complex, Central Park and Saucier Park. The definition covers any park, facility, field or stadium maintained by the city.
How far from a door do I have to be to smoke?
Section 10-205(1) makes smoking unlawful within a reasonable distance of fifteen feet immediately preceding the entrance to, and fifteen feet from the exit of, an area where smoking is prohibited. Businesses must post no-smoking signs at the primary entrance under § 10-206.
Does vaping count under the outdoor smoking ban?
Yes. The chapter defines smoking to include the use of an e-cigarette that creates a vapor, in any manner or in any form, along with lighted cigars, cigarettes, pipes and hookahs. The outdoor prohibitions in § 10-205 therefore apply to vaping as well.
Are restaurant patios covered by the ban?
Section 10-205(2) covers attached areas of restaurants that are covered or partially covered with more than fifty percent of the perimeter of the outside area walled or otherwise closed to the outside. Open patios that do not meet that description are not named in the subsection.
What is the fine for smoking where it is banned?
Section 10-209(a) sets a fine of no more than $50 for a first offense and no more than $250 for a second or later offense. Owners or operators of a public place face separate misdemeanor fines under § 10-209(b), and each day is a separate violation.

Sources & Official References

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