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Clearwater, FL Public Conduct: Outdoor Smoking Restrictions (2026)

Some Restrictions

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

Key Facts

Governing section: City Code § 22.32
Covers: E-cigarettes and lighted tobacco, except unfiltered cigars
Applies to: All city-owned/controlled public beaches and parks
Penalty class: Class IV civil infraction, $60 total
Repeat violation: Fine doubles under § 1.12(3)(f)
Adopted: Ordinance No. 9680-23, June 15, 2023

Summary

Clearwater bans smoking and vaping on every public beach and city-owned park under § 22.32, covering e-cigarettes and lighted tobacco except unfiltered cigars. A violation is a class IV civil infraction, $50 fine plus $10 costs, unless the smoking happens at a council-approved city event.

(a)No person shall use, consume, inhale, exhale, or burn any (i) electronic cigarette, as defined in chapter 22.21 of this Code, or (ii) lighted tobacco product, including cigarettes, pipe tobacco, and any other lighted tobacco product with the exception of unfiltered cigars, in or on public beaches and public parks owned or controlled by the city.(b)The consumption, inhalation, exhalation, or burning of any electronic cigarette or lighted tobacco product that is done in connection with a city sponsored or co-sponsored event approved by a resolution of city council that permits such activity is exempt from this section.(c)Any person who pleads guilty or nolo contendere or is convicted of violating this section shall be guilty of a class IV civil infraction pursuant to section 1.12 of this Code of Ordinances.

View official code

Full Breakdown

32, adopted by Ordinance No. 9680-23 on June 15, 2023. 21 and any lighted tobacco product, including cigarettes and pipe tobacco, but carves out an exception for unfiltered cigars, which remain legal to smoke in these areas. The prohibition applies regardless of whether someone is on the sand, in a picnic pavilion, on a park trail or at a playground, since the statute reaches all city-owned or controlled beach and park land rather than designated zones. The only built-in exemption covers a city-sponsored or co-sponsored event that the city council has approved by resolution to permit smoking or vaping, such as a cigar-friendly fundraiser. 00 total, rather than county-court jail exposure. 12(3)(f). 24.

Violations & Fines

Lighting a cigarette, cigar (other than unfiltered), pipe tobacco or vaping device anywhere on a city beach or park triggers a class IV civil infraction: a $50.00 fine plus $10.00 court costs, $60.00 total, under §§ 22.32(c) and 1.12. A second citation for the same violation doubles the fine. The only lawful smoking or vaping is at a city council-approved sponsored event.

Frequently Asked Questions

Can I smoke a cigar on Clearwater Beach?

Unfiltered cigars are exempt from the ban, so smoking one on a public beach or in a public park is allowed under § 22.32(a). Cigarettes, pipe tobacco, filtered cigars, and any other lighted tobacco product are prohibited, along with electronic cigarettes and vape devices, on every beach and park the city owns or controls.

What is the fine for vaping in a Clearwater park?

Vaping in a city park or on a public beach is a class IV civil infraction under § 22.32(c), carrying a $50.00 fine plus $10.00 in court costs for a $60.00 total under the schedule in § 1.12. A second violation by the same person doubles that fine to $100.00 plus costs.

Is there ever a legal exception to smoke in a city park?

Yes, but only at a city-sponsored or co-sponsored event that the city council has specifically approved by resolution to permit smoking or vaping. Absent that council approval, the ban applies uniformly across every public beach and park the city owns or controls, with no exception for private events or informal gatherings.

Sources & Official References

[1]Clearwater, FL Code of Ordinances, Chapter 22 - Parks, Beaches, Recreation

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