Smoke-Free O’Fallon

In the April 5, 2011, election, nearly three quarters of O’Fallon voters approved Proposition S, the "Smoke-Free O’Fallon" Ordinance. This Ordinance, which bars smoking in all places of employment and indoor public events went into effect on June 16, 2011. This webpage is designed to assist both residents and business owners with information and resources to assist in keeping O’Fallon "smoke-free."

What does this Ordinance mean?

Simply put, it means that smoking in any place of employment within O’Fallon is illegal. This includes libraries, schools, bars, restaurants, stores, manufacturers and private clubs who either have employees or host public events.

Excluded from the Ordinance are private homes unless used as a licensed child care, licensed adult day care or licensed health care facility, outdoor patios and outdoor events are excluded from the Ordinance. Review the approved ordinance (PDF). The ordinance also exempts up to 20 percent of hotel and motel rooms and outdoor spaces more than three (3) feet from doorways, windows or ventilation systems.

In addition, "No Smoking" signs shall be clearly and conspicuously posted at every entrance in every place of employment and all ashtrays shall be removed from any area where smoking is prohibited.

If you have questions or concerns, please feel free to contact Tom Drabelle in the City of O’Fallon’s Public Relations Department at 636-379-5508 or This email address is being protected from spambots. You need JavaScript enabled to view it. .

Help for people who want to quit smoking

If you, your employees or customers smoke and want to quit, there are resources available through the Missouri Quitline, including free telephone counseling and quit kits. Call 1-800-QUITNOW (1-800-784-8669).


Important infromation about Smoke-Free O'Fallon

Why did O'Fallon adopt this Ordinance?

This Ordinance was placed on the ballot by the voters of the City who used the initiative process in O'Fallon's City Charter to bring it before the voters in the April election. Then, more than 72 percent of O'Fallon voters voted to make it law. It truly is a law written and passed by the people of O'Fallon.

When did this law go into effect?

The Ordinance became effective at 12:01 a.m. on June 16, 2011.

I'd like to quit smoking. Any suggestions?

If you, your employees or customers smoke and want to quit, there are resources available through the Missouri Quitline, including free telephone counseling and quit kits, call 1-800-QUITNOW (1-800-784-8669).

Does this mean I can't smoke at outdoor events like O'Fallon Jammin' and Heritage & Freedom Fest?

No. Because events such as O'Fallon Jammin' and Heritage & Freedom Fest are outdoors, they are not covered by this Ordinance. However, some outdoor facilities, including O'Fallon's Alligator's Creek Aquatic Center, are smoke free. Please abide by all posted "No Smoking" signs.

How do I report a violation?

The City of O'Fallon has established a phone line 636-379-5533 to report violations of the smoking ordinance. Any reports to the phone number will be investigated by the City's Code Enforcement Department and penalties may apply (PDF) to those found in violation.

However, ultimately, compliance with this Ordinance is simply a matter of respecting those around you. It is everyone's responsibility! Please remember that a polite reminder may be all it takes to keep O'Fallon in compliance with this Ordinance.

What is the penalty for a violation?

A person who smokes in an area where smoking is prohibited by the provisions of this Ordinance shall be guilty of an infraction punishable by a fine not exceeding fifty dollars ($50.00). A person who owns, manages, operates or otherwise controls a public place or place of employment and who fails to comply with the provisions of this Ordinance shall be guilty of an infraction punishable by a fine not to exceed five hundred dollars ($500.00).

What is the definition of a "public place?"

According to the Ordinance: An enclosed area to which the public is invited or in which the public is permitted including, but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities, hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters and waiting rooms. A private residence is not a "public place" unless it is used as a licensed child care, licensed adult day care or licensed health care facility.

I've heard there's an exemption for cigar bars. Can I smoke in a cigar bar?

The Ordinance does allow for Cigar Bars and lays out specific guidelines (PDF) for what constitutes a Cigar Bar; however, currently, there are no Cigar Bars in the City of O'Fallon.

Are private residences impacted by the Smoke-free O'Fallon Ordinance?

No. Private residences are not considered "public places" nor a "place of employment" unless the residence is used as a childcare, adult day care or health care facility.

Do I need to post a "No Smoking" sign in my business?

Yes! The Ordinance reads: "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance in every public place and place of employment where smoking is prohibited by this Ordinance by the owner, operator, manager or other person in control of that place.

The owner also shall remove all ashtrays from any area where smoking is prohibited by this Ordinance.