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Clay County, FL Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
Clay County Code § 15-3.3(l)
Banned acts
Smoking, vaping, and tobacco product use
Exemption
Unfiltered cigars, per F.S. 386.209
Maximum penalty
$500 fine and/or 60 days in jail
Enforcing agency
Clay County Sheriff's Office
Scope
County parks in unincorporated Clay County only

Summary

Clay County bans smoking, vaping, and tobacco product use anywhere on county park property. Section 15-3.3(l) prohibits lighting a cigarette, using an e-cigarette, or otherwise using tobacco on any county park, relying on the state's Section 386.209, Florida Statutes authorization, with a narrow carve-out for unfiltered cigars.

These county ordinances apply to unincorporated areas of Clay County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Smoking, vaping, and the use of tobacco products prohibited. It shall be unlawful and a violation of this subsection for any smoking, vaping, or tobacco product use by any person upon any county park as authorized by Section 386.209, Florida Statutes. This subsection shall not apply to smoking unfiltered cigars which is exempt under Section 386.209, Florida Statutes.

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 86).

Full Breakdown

3(a)'s definition. It bans smoking, vaping, and tobacco product use outright, and defines the terms broadly: "smoking" covers inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product plus using an electronic smoking device or inhaling any other plant product including hookah or marijuana; "tobacco product" reaches cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, snus, e-cigarettes and their components, filters, rolling papers, and hookahs; and "tobacco product waste" covers discarded butts, wrappers, and cartridges left behind. 209, Florida Statutes. 3: under subsection (m)(1), the Sheriff of Clay County and deputies may warn a person believed to be smoking, vaping, or using tobacco in a park to stop and leave, and refusing that order is an additional violation.

083, Florida Statutes, punishable by up to a $500 fine, up to 60 days in the county jail, or both under subsection (m)(2), with the Sheriff's Office holding arrest power for the offense. The rule reaches only county-owned or county-controlled park land in unincorporated Clay County; it does not regulate smoking on private property, sidewalks, or in municipal parks operated by cities such as Orange Park or Green Cove Springs.

Violations & Fines

Smoking, vaping, or using any tobacco product in a Clay County park is a second-degree misdemeanor under Sections 775.082 and 775.083, Florida Statutes: up to a $500 fine, up to 60 days in jail, or both, with each occurrence a separate offense. A deputy may first warn the person to stop and leave; ignoring that warning is an additional violation, and the Sheriff's Office has arrest authority.

Frequently Asked Questions

Is vaping allowed at Clay County parks?
No. Section 15-3.3(l) prohibits smoking, vaping, and any tobacco product use on county park, recreation, or conservation property, defining vaping as inhaling, exhaling, or holding an activated electronic smoking device. The only exemption in the ordinance is for unfiltered cigars under Section 386.209, Florida Statutes.
Can I smoke a cigar at a county park?
Only an unfiltered cigar is exempt. Clay County's park smoking ban carries the same narrow carve-out the state allows under Section 386.209, Florida Statutes; filtered cigarettes, filtered cigars, pipe tobacco, and every vaping device remain prohibited on county park land.
What is the penalty for smoking in a Clay County park?
A violation of section 15-3.3(l) is a second-degree misdemeanor under Sections 775.082 and 775.083, Florida Statutes, carrying up to a $500 fine, up to 60 days in the county jail, or both. A deputy may first warn the person to stop and leave under subsection (m)(1).

Sources & Official References

Other rules in Clay County

All Clay County rules

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