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Albany, NY Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Fine
$50 per violation
Buffer
50 feet from covered facilities
Covers
Smoking, vaping, cannabis products
Signage
Missing signs are no defense
Last amended
March 5, 2026, Ord. No. 1.21.26

Summary

Albany prohibits smoking, vaping, and tobacco, nicotine, or cannabis use in or within 50 feet of city parks, recreation centers, sport fields, swimming pools, and playgrounds, with violations fined $50 regardless of posted signage.

No person shall engage in smoking, vaping, or use of any combustible or electronic tobacco, nicotine, or cannabis products upon or within 50 feet of the City's parks, recreation centers, sport fields, swimming pools, or playgrounds. ... Violation of this section shall be an offense punishable by a fine of $50.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4873446; v61 updated 2026-03-18; through 03-18-2026).

Full Breakdown

City Code § 251-9 bars smoking, vaping, and combustible or electronic tobacco, nicotine, or cannabis products upon or within 50 feet of Albany's parks, recreation centers, sport fields, swimming pools, and playgrounds. 'No Smoking' or 'Smoke Free' signs, or the international no-smoking symbol, are posted to designate these tobacco-free zones, but the code makes clear that the presence or absence of signage is not a defense to a violation. Violating the section is an offense punishable by a $50 fine. The city most recently amended the ban on March 5, 2026, by Ord. No. 1.21.26.

Violations & Fines

Smoking, vaping, or using tobacco, nicotine, or cannabis products in or within 50 feet of a city park, sport field, pool, or playground is a $50 offense under § 251-9; posted or missing signs make no difference to liability.

Frequently Asked Questions

Does Albany's park smoking ban include vaping and cannabis?
Yes. § 251-9 bars smoking, vaping, and any combustible or electronic tobacco, nicotine, or cannabis product upon or within 50 feet of city parks, recreation centers, sport fields, swimming pools, and playgrounds.
Is a missing 'No Smoking' sign a defense in Albany?
No. The code states the presence or absence of posted signs is not a defense to a violation of § 251-9.
What's the penalty for smoking in an Albany park?
A $50 fine under § 251-9(C), the section's stated punishment for the offense.

Sources & Official References

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