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

Section 10-30, "Smoking," was added to Chapter 10 in December 2010 by Local Law No. 46-2010 and later expanded, first in 2012 and again on August 17, 2021 by Local Law No. 12-2021, to keep pace with vaping devices and New York's legalization of adult-use marijuana. As written today, the ban covers smoking any tobacco product and/or marijuana, carrying lighted cigarettes, cigars or cigarillos, and using pipes, electronic cigarettes, vape pens, vapors or e-liquids, effectively closing off every common way of consuming a lit or vaporized product outdoors on Town recreation property.

It applies specifically to the public parks, beaches, playgrounds and pools owned or operated by the Town of Brookhaven, not to Town sidewalks, streets or other municipal buildings, and it does not reach the separate incorporated villages within the Town, such as Patchogue or Port Jefferson, which set their own rules on their own park land. Because § 10-30 was carved out for special treatment, it is the one Chapter 10 offense that is NOT punished under the chapter's general penalty section; the Town wrote a standalone enforcement path for it.

A 2010 editor's note confirms the section renumbering: the same local law that created today's § 10-30 pushed the former §§ 10-30 and 10-31 down to §§ 10-31 and 10-32.