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Boston, MA Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Fine
$250 per offense
Covered areas
All parks under Parks and Recreation Commission control
Includes
Vaping and marijuana, not just tobacco
Enforcement
Noncriminal disposition (M.G.L. c.40 §21D) or criminal complaint
Enacted
Ordinance 2013 c. 10
Rulemaking authority
Parks and Recreation Commission

Summary

Boston bans smoking in every public park and any other public place under Parks and Recreation Commission control, including vaping and marijuana, under Code of Ordinances § 7-4.14. Violators face a $250 fine per offense, enforced by noncriminal disposition under M.G.L. Chapter 40, Section 21D or by criminal complaint, with the Commission empowered to write further implementing rules.

7-4.14 Smoking Prohibited in Parks. (A) No person shall smoke in any public park, or other public place under the control of the Parks and Recreation Commission. (B) For the purposes of this Subsection, the term SMOKING shall include inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other lighted or vaporized substance in any manner or form, including marijuana used for medical or any other purpose. (C) The Parks and Recreation Commission may promulgate such rules and regulations as reasonably necessary to implement this Section and ensure compliance. (D) Any person found in violation of this Section shall be fined $250 per offense. Enforcement of this Section shall be by noncriminal disposition as provided in M.G.L. Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue.

Source: BPHC Smoke-Free WorkplaceView official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: 2026 S-2: Current through Ordinance 2025 C. 14, passed 11-5-2025).

Full Breakdown

14 of the Boston Code of Ordinances flatly prohibits smoking inside any public park or any other public place under the jurisdiction of the Parks and Recreation Commission, Boston Common, the Public Garden, Franklin Park, neighborhood playgrounds and every green space the Commission controls fall inside the ban. The ordinance defines SMOKING broadly: "inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other lighted or vaporized substance in any manner or form," language written to reach e-cigarettes and vape pens as squarely as traditional tobacco, and the Section goes further than most municipal smoking bans by naming marijuana specifically, "including marijuana used for medical or any other purpose", so a medical-marijuana card offers no exemption inside a city park.

The Parks and Recreation Commission has standing authority to promulgate additional rules and regulations to implement and enforce the ban, meaning posted signage and site-specific restrictions at individual parks trace back to this Section. L. Chapter 40, Section 21D, the same civil-ticket mechanism used for many municipal ordinance violations, or by filing a criminal complaint at the appropriate court venue. The Section was added by Ordinance 2013 c. 15, which separately bars smokeless tobacco and other tobacco products at professional, collegiate, high school and organized amateur sporting event sites citywide, a related but textually distinct prohibition covering ballfields and stadiums rather than parks generally.

Violations & Fines

Smoking anywhere inside a Boston park or other Parks and Recreation Commission property draws a $250 fine per offense under § 7-4.14(D). The Commission's enforcement staff and Boston Police Special Officers issue the citation, which is resolved as a noncriminal disposition under M.G.L. Chapter 40, Section 21D, like a parking ticket, or, where warranted, as a criminal complaint filed at the appropriate court. Each instance of smoking is charged separately.

Frequently Asked Questions

Is vaping banned in Boston parks?
Yes. Section 7-4.14 defines smoking to include "burning or carrying any lighted or vaporized substance in any manner or form," language that reaches e-cigarettes and vape pens the same as cigarettes and cigars. There's no separate, lighter rule for vaping: it draws the same $250 fine as smoking a cigarette in a city park.
Can I smoke medical marijuana in a Boston park?
No. The ordinance specifically bans marijuana "used for medical or any other purpose" inside any park under Parks and Recreation Commission control, so a medical marijuana card does not create an exemption. The $250 fine applies the same as it would for tobacco.
How much is the fine for smoking in a Boston park?
$250 per offense under Subsection 7-4.14(D). The city can resolve the violation as a noncriminal disposition ticket under M.G.L. Chapter 40, Section 21D, similar to a parking ticket, or file a criminal complaint at the appropriate court venue for repeat or contested cases.
Does the ban cover the whole city or just certain parks?
It covers every public park and any other public place under the control of the Parks and Recreation Commission, not just Boston Common. Sidewalks and private property outside Commission-controlled land are not covered by this specific Section.

Sources & Official References

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