Wayne County, IN Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Banned scope
- All county buildings, vehicles, and grounds
- Exception
- County Highway Garage
- First offense fine
- Up to $100
- Repeat offense (12 mo)
- Up to $250
- State infraction level
- Class B, or Class A with 3+ priors
- Enforcement
- County officials plus law enforcement
Summary
Wayne County bans smoking and smokeless tobacco anywhere on county-owned facilities in unincorporated Wayne County, Indiana, reaching the grounds and outside campus of every county building and any privately owned vehicle parked there, with the sole exception of the County Highway Garage. A first violation draws up to a $100 fine, and any repeat within 12 months draws up to $250.
COUNTY FACILITIES. All of the following: (1) Any building owned or leased, in whole or in part, by county; (2) Any motor vehicle owned or leased by county and used as a county “pool” car/vehicle; and (3) The grounds and outside campus of all county-owned properties (excepting the County Highway Garage). ... § 130.02 PROHIBITED ACTIVITIES. Smoking and the use of smokeless tobacco products is hereby prohibited in or on all county facilities. This prohibition extends to privately-owned motor vehicles while they are located on county facilities. ... § 130.99 PENALTY. ... (B) (1) Pursuant to I.C. 16-41-37-4(1), a person who smokes in a county- owned public building commits a Class B infraction. ... The maximum penalty for violation of §§ 130.01 through 130.03 of this chapter shall be a fine in an amount not to exceed the sum of $100 for an initial violation and a fine in an amount not to exceed the sum of $250 for any subsequent violation occurring within 12 months immediately preceding the violation.
Full Breakdown
Chapter 130 defines "county facilities" broadly under § 130.01 to mean any building the county owns or leases, any county pool vehicle, and the grounds and outside campus of all county-owned properties except the County Highway Garage. Section 130.02 then prohibits smoking and smokeless tobacco use in or on all county facilities and specifically extends the ban to privately owned vehicles while parked on county property, so a personal car in a county parking lot is covered. Before enforcement, § 130.03 requires the county to post conspicuous signage at county facilities, instruct officials in charge to ask violators to stop, and, if a violator refuses, to summon law enforcement to remove that person from the property.
Section 130.99 layers state and local penalties: under I.C. 16-41-37-4(1), smoking in a county-owned public building is itself a Class B infraction, rising to a Class A infraction if the person has at least three prior unrelated violations within the preceding 12 months. Separately, the county's own maximum ordinance penalty for violating §§ 130.01 through 130.03 is a fine of up to $100 for an initial violation and up to $250 for any subsequent violation within 12 months. County employees who violate the ban face discipline under county personnel policy in addition to any fine. The ordinance, Ord. 2008-012, took effect October 15, 2008.
Violations & Fines
A first violation of the smoking ban draws a fine up to $100; a repeat violation within 12 months draws up to $250 under § 130.99(B)(2). Smoking in a county-owned public building is separately a Class B infraction under I.C. 16-41-37-4(1), escalating to a Class A infraction with three or more prior unrelated violations in the preceding year. County employees also face internal discipline.
Frequently Asked Questions
Can I smoke outside a Wayne County government building?
Does the county smoking ban apply inside my own car?
What is the fine for violating Wayne County's smoking ban?
Sources & Official References
Other rules in Wayne County
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