Skip to main content
CityRuleLookup

Asheville, NC Public Conduct: Outdoor Smoking Restrictions (2026)

Heavy Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Section
City Code § 11-32(a)
Covers
All city parks and greenways
Includes
E-cigarettes and vape pens
Fine
Up to $50.00 under § 11-37
Designated smoking areas
None allowed for parks/greenways

Summary

Asheville City Code § 11-32(a) makes it unlawful to smoke or carry a lighted cigarette, cigar, pipe, or e-cigarette in any park or greenway owned, leased, or occupied by the city. The ban covers vaping as well as combustible tobacco and applies citywide to every city park and greenway, with no designated smoking areas allowed.

(a) It shall be unlawful for any person to smoke or carry a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product including the use of e-cigarettes, in any park or greenway, now or hereafter owned, leased, or occupied by the city; e-cigarettes means any electronic oral device, such as one composed of heating elements, battery, and/or electronic circuit, that contains or delivers nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen or under any other product name or descriptor, excluding any product regulated by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug and Cosmetic Act.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-5: Contains Supplement, current through Ordinance 5245, passed 7-28-2026 | State legislation current through 2025 A.L.S. #3).

Full Breakdown

Section 11-32, adopted originally by Ordinance No. 2050 in 1993 and expanded to cover e-cigarettes by Ordinance No. 4396 in 2015, splits into two bans. Subsection (a) is an absolute, unconditional prohibition: no smoking of any lighted tobacco product or use of an e-cigarette 'in any park or greenway, now or hereafter owned, leased, or occupied by the city,' with no exceptions and no designated smoking areas for parks and greenways specifically. Subsection (b) separately bans smoking in city buildings, facilities, and their grounds, along with facilities of the Greater Asheville Regional Airport Authority, Pack Place, and the Asheville Housing Authority, but that companion subsection lets each of those bodies designate limited smoking areas; parks and greenways get no such carve-out.

The ordinance defines 'e-cigarette' broadly to include any electronic device, whether marketed as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, that delivers nicotine or another inhalable substance by simulating smoking, excluding only products the FDA regulates under Chapter V of the Federal Food, Drug and Cosmetic Act. A separate section, § 11-33, extends the same ban to any city-owned or leased vehicle. Clear signage is required under § 11-35 wherever smoking is regulated, using letters at least one inch tall or the international no-smoking symbol. 00, separate from any charge for removing or defacing a required sign.

Violations & Fines

Continuing to smoke, including vaping, in a city park or greenway after notice is an infraction under § 11-37, carrying a civil fine of not more than $50.00. Removing or defacing a required no-smoking sign is a separate violation under § 11-36(b). Because § 11-32(a)'s park and greenway ban has no designated-area exception, any lit tobacco product or e-cigarette use in a city park violates the section outright.

Frequently Asked Questions

Can I vape in an Asheville city park?
No. Section 11-32(a) bans carrying or using a lighted cigarette, cigar, pipe, or e-cigarette in any park or greenway the city owns, leases, or occupies, and the definition of e-cigarette expressly covers vape pens and similar devices, not just combustible tobacco.
Are there designated smoking areas in Asheville parks?
No. Unlike city buildings and facilities under § 11-32(b), where the city manager or another responsible body may designate a smoking area, § 11-32(a)'s ban on parks and greenways has no such exception; smoking is prohibited outright on that property.
What is the fine for smoking in an Asheville park?
Continuing to smoke after being told the area is regulated is an infraction under § 11-37, punishable by a civil fine of not more than $50.00. A separate violation applies for removing or defacing a posted no-smoking sign.
Does the park smoking ban apply to greenways along the French Broad River?
Yes. The ordinance defines the ban to reach 'any park or greenway, now or hereafter owned, leased, or occupied by the city,' which covers the city's greenway trail network in addition to traditional parks.

Sources & Official References

Other rules in Asheville

All Asheville rules

Compare Asheville to another location·View the North Carolina public conduct overview

Get notified when Outdoor Smoking Restrictions in Asheville, NC changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.