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Tigard, OR Public Conduct: Public Marijuana Use (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

Key Facts

Parks
Smoking prohibited in all parks (§ 7.52.225)
City property
Any city owned or operated property (§ 7.82.030)
Exemption
City rights-of-way are not covered by § 7.82.030
Covered material
Lighted weed, plant, or other substance; e-cigarettes
First violation
Civil penalty not to exceed $100
Repeat violation
Not to exceed $500 within 12 months

Summary

In the City of Tigard, Oregon, smoking is prohibited in all parks and on any city owned or operated property, and the code defines smoking to include any lighted or burning weed, plant, or other substance intended for smoking, plus electronic cigarettes. City rights-of-way are exempt from the city property ban. Civil penalties reach $100 for a first violation and $500 for repeats within 12 months.

A. Smoking is prohibited in all parks. "Smoking" means inhaling, exhaling, or possessing any lighted or burning cigar, cigarette, pipe, weed, plant, or other substance grown, manufactured, or processed which is intended to be used for smoking in any form. "Smoking" also means inhaling, exhaling, or possessing an electronic cigarette or a similar device intended to emulate smoking. B. Failing to comply with this section is a violation. The civil penalty for violation of this section may not exceed $100 for the first violation and $500 for subsequent violations within 12 months of a previous violation of this section. Each violation of this section constitutes a separate offense.

Full Breakdown

Two sections of the Tigard Municipal Code reach smoking in public places in the City of Tigard, Washington County. Section 7.52.225 states that smoking is prohibited in all parks. Chapter 7.82 applies the same idea to city owned or operated property in general: § 7.82.030 says no person shall smoke or carry any lighted smoking instrument on that property, and then adds that the prohibition shall not extend to city rights-of-way. The City Council's stated purpose in § 7.82.010 is to supervise and control city owned and operated property and to preserve the enjoyment, safety, comfort, and convenience of the public and city employees.

The definition decides what counts. Both sections define smoking as inhaling, exhaling, or possessing any lighted or burning cigar, cigarette, pipe, weed, plant, or other substance grown, manufactured, or processed which is intended to be used for smoking in any form. These smoking provisions do not name marijuana or cannabis. They describe the burning material as weed, plant, or other substance intended for smoking. The definition also reaches possession of a lighted or burning item, not only inhaling or exhaling, and it extends to an electronic cigarette or similar device intended to emulate smoking.

Chapter 7.82 and § 7.52.225 address smoking and devices that emulate smoking. Retail sale of marijuana items is a separate subject handled in Chapter 3.80, which levies a tax on marijuana retailers and requires every marijuana retailer to hold a City of Tigard business license under TMC 5.04. Neither of the smoking sections creates a permit or an exception for a smoker, so the only carve-out in the text is the right-of-way exemption in § 7.82.030.

Violations & Fines

Failing to comply with Chapter 7.82 or with § 7.52.225 is a violation. The civil penalty may not exceed $100 for the first violation and may not exceed $500 for subsequent violations within 12 months of a previous violation of the same chapter or section. Each violation constitutes a separate offense, so a second incident in a park is penalized as its own offense.

Frequently Asked Questions

Can I smoke weed in a Tigard park?
No. Section 7.52.225 prohibits smoking in all parks and defines smoking as inhaling, exhaling, or possessing any lighted or burning weed, plant, or other substance intended to be used for smoking in any form. The section does not use the word marijuana, but its wording covers lit weed. A first violation carries a civil penalty not exceeding $100.
Does the city property smoking ban apply on a city street or sidewalk?
Section 7.82.030 bans smoking on city owned or operated property but states that the prohibition shall not extend to city rights-of-way. Section 7.52.225 has no right-of-way exception and bans smoking in all parks, so a park is covered even though a right-of-way is not under Chapter 7.82.
Does vaping count as smoking under the Tigard code?
Yes. Both the park rule and Chapter 7.82 define smoking or smoke to include inhaling, exhaling, or possessing an electronic cigarette or a similar device intended to emulate smoking. The same penalty applies: not more than $100 for a first violation and not more than $500 for later violations within 12 months.
What is the penalty for a second violation?
A violation of § 7.52.225 or Chapter 7.82 that follows a previous violation of the same section within 12 months carries a civil penalty not exceeding $500. Each violation constitutes a separate offense, and the 12 month window runs from the previous violation of that chapter or section.

Sources & Official References

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