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

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

Key Facts

Public parks
No smoking allowed
City buildings and vehicles
No smoking allowed
Fine for violation
$50 to $500 per violation
E-cigarette sales
Require Restricted Use Permit from Common Council

Summary

Smoking is prohibited in all City of Buffalo buildings, City-owned or -leased vehicles, all public parks, and open-space sites owned or controlled by the City, except in areas where smoking is expressly permitted.

It shall be unlawful for any person to smoke within any City building or any vehicle owned or leased by or to the City entity. It shall also be unlawful for any person to smoke in any public park, or in any site that is both zoned as open space and owned or controlled by the City, except in spaces where smoking is expressly permitted by the City. This prohibition extends to all workplaces, public lobbies, rest rooms, storage areas, corridors, elevators and other enclosed areas within any City building; provided, however, that the provisions of this Article shall not apply to the downtown baseball stadium currently known as Coca-Cola Field. ... Any person violating the provisions of this Article shall be subject to a fine of not less than $50 nor more than $500 for each such violation.

Source: NY Clean Indoor Air ActView official code

Full Breakdown

The prohibition covers all workplaces, public lobbies, restrooms, storage areas, corridors, and elevators within City buildings. A Restricted Use Permit from the Common Council is required for any establishment seeking to sell electronic cigarettes in the City. Smoking is also prohibited on public buses. Establishments operating in prohibited zones must post 18-by-12-inch 'Smoking Prohibited' signs.

Violations & Fines

Violation of Article IV (City buildings and parks) is a fine of $50 to $500 per occurrence under § 399-17.

Frequently Asked Questions

Can I smoke in a Buffalo city park?
No. Under § 399-13, smoking in any public park or City-owned open space is unlawful except in areas where smoking is expressly permitted by the City.
Does the smoking ban include e-cigarettes?
Yes. The definition of 'smoking' was amended in 2015 to include electronic cigarettes, so the ban in City buildings, parks, and public conveyances applies to vaping as well.

Sources & Official References

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