Waukesha County, WI Public Conduct: Outdoor Smoking Restrictions (2026)

Waukesha County regulates outdoor smoking through two linked provisions. Sec. 3-2 declares every building and facility under the county's control a smoke-free environment and separately bans smoking within 40 feet of the outside of any building or facility entrance on county grounds, carving out only four designated exceptions: Justice Center balconies within the county jail, a designated area in the Courthouse/Administration Center Courtyard, a designated area near the Health and Human Services Center receiving area, and a designated area at the Mental Health Center. The County Executive can add or modify designated smoking areas, subject to Human Resources Committee approval.

Sec. 3-2(d) defines "smoke" or "smoking" broadly to include a lighted pipe, cigar, cigarette, cannabis or cannabis derivative, or tobacco-related product in any form, plus electronic delivery devices producing an aerosol or vapor and any oral smoking device, so vaping is covered exactly like a cigarette. In the park system, Sec. 14-148(a) cross-references that same definition and bans smoking inside any building or section of a building, and in any park area where the department has posted a notice prohibiting it, meaning open-air smoking on a park trail or picnic table is legal unless signage says otherwise for that specific spot.

Sec. 14-148(b) separately makes it unlawful to throw or drop a lit cigarette, cigar stub, or emptied pipe from a vehicle moving along a park drive.