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Boca Raton, FL Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Smoking banned
All city parks and beaches
Exception
Unfiltered cigars only
Penalty
Civil fine up to $500.00
Imprisonment
Not authorized
Adopted
Ord. No. 5624, Aug. 23, 2022

Summary

Boca Raton bans smoking outright in every city-owned park and on every city-owned beach under Code of Ordinances § 9-7, backed by a civil fine of up to $500.00. The ban carves out one narrow exception: unfiltered cigars are not covered.

Sec. 9-7. - Prohibition of smoking in parks and on beaches owned by the city.(1)Smoking prohibited.(a)No smoking shall be permitted in parks and on beaches owned by the city.(b)The above prohibition shall not apply to unfiltered cigars.(2)Penalty. Any person who violates this section shall be subject to a civil penalty not exceeding $500.00; violation of this section shall not be punishable by imprisonment.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 72 Update 1).

Full Breakdown

Adopted by Ordinance No. 5624 on August 23, 2022, section 9-7 flatly bans smoking in every park and on every beach owned by the city of Boca Raton, with one written exception: the ban does not apply to unfiltered cigars. 00 and states the violation cannot be punished by imprisonment. Section 9-60, the city's supplemental code enforcement article, expressly lists section 9-7 among the ordinances a code enforcement officer may cite directly: an officer with reasonable cause can hand the violator a citation on the spot, or serve it by certified mail, by leaving it with someone over 15 at the violator's residence, or with a manager on commercial premises.

A violator who pays the minimum civil penalty on the citation avoids any further penalty, while one who contests it gets a hearing before the special magistrate under sections 2-116 through 2-123, and a repeat violator within 5 years must be cited immediately rather than warned first. The park and beach ban is separate from the city's e-cigarette ordinance in section 9-6, which prohibits vaping only in enclosed indoor workplaces where the Florida Clean Indoor Air Act already bars tobacco smoking, and exempts private residences, retail tobacco shops, retail e-cigarette shops and stand-alone bars.

Violations & Fines

A code enforcement officer who has reasonable cause to believe a person is smoking on city park or beach property under section 9-7 may issue a citation on the spot under the section 9-60 procedure. The citation carries a civil penalty up to $500.00 set by city council resolution; paying the stated minimum penalty resolves the matter, while contesting it sends the case to a special magistrate hearing, and a repeat violator found in violation again within 5 years must be cited immediately without a prior warning notice.

Frequently Asked Questions

Can I smoke on a Boca Raton public beach?
No. Section 9-7 bans smoking in every park and on every beach the city owns, with the single exception of unfiltered cigars. Anyone caught smoking on a covered beach or in a covered park can be cited for a civil penalty of up to $500.00.
Is smoking on the beach a criminal offense in Boca Raton?
No. Section 9-7(2) makes the violation civil only: the penalty is a fine not exceeding $500.00, and the section specifically states that violating the smoking ban cannot be punished by imprisonment.
Does Boca Raton's smoking ban cover vaping too?
Vaping is addressed separately in section 9-6, which bars e-cigarette use in enclosed indoor workplaces wherever the Florida Clean Indoor Air Act already prohibits tobacco smoking, with exceptions for private residences, retail tobacco or e-cigarette shops, and stand-alone bars. Section 9-7's outdoor park and beach ban targets smoking generally, not vaping specifically.

Sources & Official References

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