Tempe, AZ Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Where it applies
- City-designated preserves (e.g., desert preserve land)
- Rule
- No smoking permitted in the preserve
- Penalty class
- Civil violation, not criminal
- Fine range
- $100 to $1,000 per violation
- Default penalty
- Additional $50 for failing to appear
Summary
Tempe bans smoking outdoors in its desert preserves, like the Papago Park and South Mountain-area preserves, under City Code Sec. 23-111(a)(20): 'No smoking shall be permitted in the preserve.' The Zoning and Development Code plays no role here; this is a Chapter 23 parks-and-recreation rule enforced as a civil offense under Sec. 23-132.
(a)All persons using a preserve shall comply with the following, except as may be specifically authorized by a permit or permits issued as provided in Section 23-112 of this article...(17)Dogs are restricted to trailheads and designated trails, except dogs being used by city police personnel or other law enforcement officers in the course of their official duties;(18)Dogs must be secured on a leash of not more than six (6) feet at all times while in a preserve...(20)No smoking shall be permitted in the preserve;(21)No person shall throw, deposit or place any commercial or non-commercial handbill in or upon any attended or unattended vehicle parked or located in a preserve...(b)All violations under this section are civil and shall be enforced as specified in Division 3 of this article.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).
Full Breakdown
Tempe's general smoking ordinance (Sec. 22-42 through 22-50) regulates smoking only in enclosed public places, places of employment and City-owned buildings and vehicles, requiring smoking to move outdoors to a designated area rather than banning it outdoors generally; it also names Tempe Diablo Stadium specifically under Sec. 22-50. The outright outdoor ban instead lives in Chapter 23's preserve-rules division. Sec. ' The same list bans launching model aircraft, selling merchandise, and requires dogs to stay leashed and on designated trails. ' Division 3's Sec. 00),' plus a $50 default penalty if the defendant fails to appear in court.
A companion section, Sec. 23-110, imposes criminal penalties for a narrower set of the same preserve rules (trespassing after hours, drug or alcohol possession, motorized vehicle misuse, camping, and damaging archaeological or natural features), but the smoking ban specifically sits in the civil-penalty section, 23-111, not the criminal one. Permits issued under Sec. 23-112 can authorize exceptions to preserve rules generally, though the code does not carve out a smoking exception.
Violations & Fines
Smoking anywhere within a City-designated preserve violates Sec. 23-111(a)(20) and is enforced as a civil offense under Sec. 23-132, carrying a fine between $100 and $1,000 plus a $50 default penalty for failing to appear, rather than as a criminal charge.
Frequently Asked Questions
Can you smoke in Tempe's desert preserves?
Is Tempe's general smoking ban the same as the preserve smoking ban?
What is the fine for smoking in a Tempe preserve?
Sources & Official References
Other rules in Tempe
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Maricopa County handle outdoor smoking restrictions.