West Allis, WI Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- WAMC § 7.20
- Buffer near entrances
- 25 feet
- Buffer near playgrounds
- 100 feet
- Fine range
- $100-$250 per violation
Summary
West Allis bans smoking within 25 feet of building entrances, near the Farmers Market, and within 100 feet of public playground equipment.
Additional Smoking Regulations. To protect the health and comfort of the public and pursuant to Wis. Stat. 101.123(4m), no person may smoke in the following locations: On public property within 25 feet of an enclosed place where smoking is prohibited. Notwithstanding this provision, the person in charge of a restaurant, tavern, private club, or retail establishment may designate an outside area that is a reasonable distance from any entrance to the restaurant, tavern, private club, or retail establishment where customers, employees, or persons associated with the restaurant, tavern, private club, or retail establishment may smoke. The Farmers Market at 6501 West National Avenue and the sidewalk surrounding the Farmers Market. Any premises owned or rented by, or under the control of, a school board when the use of all tobacco products on that premises is prohibited under Wis. Stat. 120.12(20). Within the fenced area of the Liberty Heights Pool located at 1540 South 62nd Street. On public property that is within 100 feet of any playground equipment owned or maintained by the state, City, or a school district. Regulation of Hookahs and Similar Devices. While in a location where smoking is prohibited, no person may inhale or exhale smoke from any hookah or other device used to burn plant products intended for inhalation.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: ?).
Full Breakdown
West Allis adopts Wisconsin's statewide indoor smoking law and layers on local outdoor buffer zones under WAMC § 7.20. Smoking and vaping are barred on public property within 25 feet of an enclosed space where smoking is prohibited, within 100 feet of City-, state-, or school district-owned playground equipment, at the Farmers Market on West National Avenue and its surrounding sidewalk, and inside the fenced Liberty Heights Pool area. A restaurant, tavern, private club, or retail establishment may still designate its own outdoor smoking area a reasonable distance from any entrance. The person in charge of a covered location must post signage and ask violators to leave.
Violations & Fines
$100-$250 forfeiture per violation for smoking in a banned location; a person in charge who fails to enforce the rule faces a separate $100 forfeiture, capped at $100 total per day.
Frequently Asked Questions
Can I smoke on a restaurant patio in West Allis?
Does West Allis's outdoor smoking rule cover vaping?
Sources & Official References
Other rules in West Allis
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Milwaukee County handle outdoor smoking restrictions.