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Kent County, DE Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Section
§168-31(D), Fires
Trigger
Division or Fire Marshal judgment of fire hazard
Scope
Discretionary, not a standing year-round ban
Maximum fine
$100 per violation, §168-39(A)
Enforcing agency
Parks Division / County Fire Marshal

Summary

Kent County Code § 168-31(D) lets the Parks Division or the Fire Marshal prohibit or limit smoking in county parks whenever fire-hazard conditions make it necessary, folding tobacco use into the same fire-danger authority that governs picnic fires and grills. There is no year-round countywide smoking ban; the restriction only applies when officials invoke it.

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

Smoking or the building of fires may be prohibited or limited by the Division or Fire Marshal when, in its or his judgment, the fire hazard makes such action necessary.

View official code

Full Breakdown

' That places the authority to restrict smoking on county park land with the Department of Community Services, Parks Division, and with the county Fire Marshal, rather than in a standing, always-on ban. ' Smoking gets folded into that same fire-danger framework rather than singled out as a separate health or nuisance rule, so a lit cigarette is treated as a fire-hazard risk on the same footing as an unattended campfire during dry conditions. Because the rule is triggered by an official's judgment rather than a fixed calendar season, the only way to know whether smoking is currently restricted in a specific county park is to check for posted notices from the Division or contact the Department of Community Services directly before a visit.

Violations & Fines

Smoking in violation of a Division or Fire Marshal order under § 168-31(D) is punished under the Chapter 168 general penalty, § 168-39(A): a fine of not more than $100 per violation, tried in the state court for the county under § 168-39(D). The chapter does not set a separate, higher fine specific to smoking.

Frequently Asked Questions

Is smoking always banned in Kent County parks?
No. Kent County Code § 168-31(D) only lets the Parks Division or the Fire Marshal prohibit or limit smoking when, in their judgment, fire-hazard conditions make it necessary, so the restriction is discretionary rather than a permanent, countywide ban. Whether smoking is currently restricted in a given park depends on conditions and any notice the Division has posted.
Who decides when smoking is restricted in a county park?
The Kent County Department of Community Services, Parks Division, or the County Fire Marshal, acting under § 168-31(D) when fire-hazard conditions in their judgment make a restriction necessary. Neither official needs a separate Levy Court vote to impose or lift the restriction, so it can change quickly with weather conditions.
What's the fine for smoking where it's restricted in a park?
Up to $100 per violation under the Chapter 168 general penalty, § 168-39(A), the same fine that applies to any Chapter 168 offense with no separately specified penalty. The case is tried in the state court for the county under § 168-39(D).

Sources & Official References

Other rules in Kent County

Noise Ordinances: Quiet HoursSome RestrictionsLoitering RulesSome RestrictionsPublic Alcohol UseHeavy RestrictionsNoise Ordinances: Amplified Music & Outdoor SoundSome RestrictionsNoise Ordinances: Aircraft NoiseFew RestrictionsNoise Ordinances: Vehicle NoiseSome RestrictionsParking Rules: Driveway RulesSome RestrictionsParking Rules: Abandoned VehiclesSignificant Restrictions

All Kent County rules

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