West Des Moines, IA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Where banned
- All city park and recreation facility property
- Covers
- Cigarettes, vapes, e-cigarettes, smokeless tobacco
- Exception
- FDA-approved cessation nicotine products
- Enforcement step
- Prior warning required before citation
- Penalty
- $100 civil penalty per violation, § 7-11-3
Summary
West Des Moines bans tobacco use of any kind, including e-cigarettes and vape pens, on all city park and parks and recreation facility property at any time. Police issue a citation-complaint after a warning is ignored, carrying a $100 civil penalty for each violation.
I. Use Of Tobacco: No person, at any time, shall use tobacco of any kind while present on any city park or parks and recreation facility property. Tobacco includes any product made or derived from tobacco that is intended for human use ... This includes, but is not limited to, cigarettes, electronic smoking devices, cigarette tobacco, roll your own tobacco, smokeless tobacco, and dissolvable tobacco. ... Nicotine products approved by the United States food and drug administration for tobacco cessation shall be allowed within city parks. ... For violations of subsections 7-11-2I, "Use Of Tobacco" ... police officers or designees shall enforce and be authorized to issue citation-complaints. Before issuing a citation-complaint, the police officer or designee shall verify that the offender has previously received a warning ... A one hundred dollar ($100.00) civil penalty shall be imposed for each violation where a citation-complaint has been issued.
Full Breakdown
City Code section 7-11-2(I) prohibits any person, at any time, from using tobacco of any kind while on city park or parks and recreation facility property. 'Tobacco' covers any product made or derived from tobacco intended for human use, including cigarettes, electronic smoking devices, cigarette tobacco, roll-your-own tobacco, smokeless tobacco and dissolvable tobacco, and the definition of 'electronic smoking devices' expressly reaches e-cigarettes, e-cigars, e-pipes, vape pens and e-hookahs. The one carve-out is for nicotine products approved by the FDA for tobacco cessation, which remain allowed in city parks.
Enforcement under section 7-11-3 is graduated: before a police officer or designee can issue a citation-complaint for a tobacco violation, the offender must already have received a prior warning, or must have refused to stop after being told the conduct must cease. Once a citation-complaint issues, the ordinance sets a flat $100 civil penalty for each violation, a specific figure that applies only to the tobacco subsection along with the alcohol-consumption and swimming-area subsections of the same chapter; other park rule violations fall instead under the general Title 1, Chapter 4 municipal infraction penalty of up to $750, or $1,000 for a repeat offense.
The ban applies across every site the chapter defines as a 'parks and recreation facility,' including the Holiday Aquatic Center, Valley View Aquatic Center, Raccoon River Park and the Jamie Hurd Amphitheater.
Violations & Fines
A first tobacco use violation in a West Des Moines park draws a warning; if the person continues or a police officer or designee has already warned them, a citation-complaint issues carrying a flat $100 civil penalty under section 7-11-3 for each violation. The penalty applies to smoking, vaping and all other tobacco use covered by section 7-11-2(I), separate from the general $750/$1,000 municipal infraction scale that applies to other park rule violations.
Frequently Asked Questions
Are vape pens and e-cigarettes banned in West Des Moines parks?
Can police ticket someone for smoking in a park right away?
Is nicotine gum or a cessation patch allowed in West Des Moines parks?
Sources & Official References
Other rules in West Des Moines
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