Clay County bans smoking and vaping in county parks, bars feeding wildlife and restricts overnight parking

The Clay County Board of County Commissioners adopted amendments to chapter 15 of the county code on Sept. 26, 2023, that (1) make it a violation to feed animals in county parks, (2) prohibit parking or remaining parked after park closing to address overnight parking, and (3) prohibit the use of tobacco products, including smoking and vaping, in county parks consistent with recent legislative changes allowing local restrictions.

County counsel explained the amendments address three recurring issues reported by parks staff and user groups: litter and debris from cigarettes and vape cartridges, overnight parking and safety concerns, and feeding wildlife in park settings. Justin Pierce (parks) and county counsel described enforcement mechanisms, including code enforcement, sheriff’s office authority and animal control officers.

Public comment included Barbara Bujak, who opposed a parks smoking ban as an overreach and warned of criminal penalties. She said the rule would affect many residents and framed it as a restriction on personal freedom. Chair (presiding) responded that the board weighed public‑health impacts and practical visitor conflicts: "There is nothing worse than being an asthmatic and sitting at a ballpark and someone's lighting up a cigarette," the presiding officer said, explaining why the board favored a prohibition while leaving open the possibility of designated smoking areas.

Commissioners cited local data and studies to support the change. One commissioner referenced local cancer statistics and the high exposure of youth to secondhand smoke as justification for protective measures at parks and athletic complexes. After discussion and an amendment clarifying enforcement pathways, the board voted to adopt the ordinance; recorded vote carried 5–0.

The ordinance includes civil and criminal enforcement pathways consistent with state authority; staff will publish guidance on enforcement, signage and designated areas if the board later elects to adopt them.