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Charleston, SC Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Scope
All city-owned/leased/operated parks and playgrounds
Covered devices
Cigars, cigarettes, pipes, hookah, e-cigarettes
Fine
$10 to $25 infraction
Adopted
Ordinance 2018-061, May 8, 2018
Exceptions
Designated area, performers, religious ritual, research

Summary

Charleston bans smoking, including e-cigarettes, hookah and vapor devices, in every public park and playground the city owns, leases or operates. City Code § 21-133 allows narrow exceptions for recreation-commission-designated smoking areas, theatrical performers, religious ritual and medical research, and violators face a $10 to $25 infraction fine plus possible nuisance-abatement action.

(a)Smoking for purposes of this section 21-133, shall mean inhaling, exhaling, or otherwise using any cigar, cigarette, pipe, hookah, e-cigarette or other tobacco product or device intended for use with tobacco in any manner or in any form which involves the release of any smoke, mist or vapor.(b)Smoking shall be prohibited in all public parks and playgrounds that are owned, leased or operated by the City of Charleston.(c)Exceptions. Notwithstanding the provisions of subsection (b) herein, smoking may be permitted in the following places or circumstances within a park or playground:(1)Designated smoking areas, as approved by the recreation commission;(2)Performers, provided the smoking is part of the theatrical production being performed;(3)Religious ceremonies where smoking is part of the ritual; and(4)Medical research.

Source: City of Charleston Code of OrdinancesView 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 114 | Zoning: Supplement 25).

Full Breakdown

Section 21-133 defines 'smoking' broadly to mean inhaling, exhaling or otherwise using any cigar, cigarette, pipe, hookah, e-cigarette or other tobacco or vapor device that releases smoke, mist or vapor, then flatly prohibits it in all public parks and playgrounds owned, leased or operated by the City of Charleston. The ban traces to Ordinance No. 2018-061, adopted May 8, 2018. Four narrow exceptions apply: a designated smoking area approved by the recreation commission, performers whose smoking is part of a theatrical production, religious ceremonies where smoking is part of the ritual, and medical research.

This park-specific ban sits alongside a separate, older ordinance, § 21-131, that bans smoking inside city-owned or operated indoor buildings except where the mayor designates smoking areas in lobbies, restrooms or snack bars, and § 21-132, the 2007 workplace smoking law that bars smoking inside enclosed workplaces citywide with its own exceptions for cigar bars, retail tobacco stores and private residences. Section 21-132's enforcement and civil-penalty scheme, a $10 to $25 infraction fine, applies by cross-reference to violations under the related smoking sections, and the police department and designated code enforcement staff both have authority to issue citations. A violation is also declared a public nuisance that the city may abate by restraining order or injunction and recover its abatement costs.

Violations & Fines

Smoking in a Charleston public park or playground outside a designated area is an infraction punishable by a fine of not less than $10 nor more than $25 under the city's smoking-enforcement scheme at § 21-132(i). The city may also treat the violation as a public nuisance and seek an injunction or recover nuisance-abatement costs.

Frequently Asked Questions

Can I smoke on a park bench in Charleston?
No. City Code § 21-133 bans smoking, including e-cigarettes and vapor devices, in every public park and playground the city owns, leases or operates, except in a spot the recreation commission has specifically designated for smoking.
What is the fine for smoking in a Charleston park?
Violators face an infraction fine of not less than $10 nor more than $25, the civil-penalty range set for the city's related smoking ordinances, and the city can pursue the violation as a public nuisance.
Are there any exceptions to the park smoking ban?
Yes. Section 21-133 exempts a recreation-commission-designated smoking area, performers during a theatrical production, religious ceremonies where smoking is part of the ritual, and medical research.

Sources & Official References

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