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Delaware County, PA Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Authority
Parks Board may designate no-smoking areas
Covers
Cigarettes, e-cigarettes, vaping
Scope
Discretionary, area-specific, not parkwide
Enforcement
County park police, §141-10
Max fine
$300 summary offense

Summary

Delaware County lets its Parks Board designate no-smoking zones inside county parks, covering e-cigarettes and vaping as well as traditional smoking. The rule does not ban smoking parkwide by itself; it hands the Parks Board discretion to mark off specific areas of any county park as smoke-free.

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

The Parks Board may, in its discretion, provide that smoking (including devices such as e-cigarettes and vaping) is prohibited in designated areas of the parks.

U. Additional specific prohibited uses.

(1) All flea markets, car shows, carnivals, fairs, circuses or events of similar nature are not permitted in any Delaware County Park. For purposes of this rule, a fair includes the assembly of amusement rides, games or other attractions.

(2) Lotteries, bingo, games of chance, card games and gambling of any kind.

(3) The display of animals customarily displayed in zoos.

(4) Helicopter rides, bungee jumping.

(5) Use of heavy equipment or machinery by anyone not specifically authorized to operate within the park by the Parks and Recreation Department.

(6) The parking or presence of trailers, mobile homes, motor homes or other similar mobile sleeping facilities.

(7) Boisterous, immoral or indecent conduct.

§ 141-4. Vehicle restrictions.

A. Motorized vehicles are prohibited. Operation of mini-bikes, go-carts, motorcycles, snowmobiles, ATVs (all-terrain vehicles) and other similar types of vehicles and motorized vehicles are prohibited. Exceptions apply to pedal-assist e-bikes and motorized mobility scooters on trails, subject to a speed limit of 15 miles per hour, and pursuant to any additional Pennsylvania Department of Conservation and Natural Resources guidelines.

B.

Full Breakdown

Section 141-3T authorizes the Delaware County Parks and Recreation Board to designate areas of the parks where smoking, including e-cigarettes and vaping devices, is prohibited. The provision is discretionary rather than a blanket ban: it is the Parks Board, not the general park-use rules, that decides which areas within a given park, if any, become no-smoking zones, and the chapter does not itself list which parks or areas currently carry that designation. This differs from Delaware County's older Chapter 173 smoking ordinance, which bans smoking outright on buses, trolleys and light-rail vehicles countywide under §173-1, and from the county's Article II civil-violation rule in the same chapter barring marijuana possession or smoking in any public space.

Chapter 141's smoking-zone authority instead sits among the section's other discretionary, area-specific rules, such as §141-3Q's limits on sledding and skating to designated spots and §141-3J's confinement of golf to designated areas, reflecting the same drafting pattern of channeling an activity into department- or board-approved zones rather than prohibiting it across every county park. Chapter 141 was readopted in its entirety on February 1, 2023 by Ord. No. 2023-2, and the smoking-zone clause is part of that 2023 rewrite; any zone the Parks Board designates is enforced the same way as the rest of §141-3's conduct rules, through county park police.

Violations & Fines

Smoking inside a Parks Board-designated no-smoking area, once one exists, is enforced under §141-10 as a Chapter 141 violation: county park police can cite the offense as a summary conviction under 16 P.S. §2510(b), punishable by a fine of up to $300 plus costs of prosecution, the same penalty structure applied to every other park rule.

Frequently Asked Questions

Is smoking banned in every Delaware County park?
Not automatically. Section 141-3T gives the Parks and Recreation Board discretion to designate specific no-smoking areas within county parks; it is not a blanket parkwide smoking ban written directly into the code. Where the board has posted a designation, smoking there, including vaping, is prohibited.
Does the no-smoking rule cover vaping and e-cigarettes?
Yes. Section 141-3T explicitly covers devices such as e-cigarettes and vaping alongside traditional smoking, so a designated no-smoking area applies equally to a vape pen as to a cigarette or cigar.
Who enforces the county park smoking-zone rule?
County park police enforce §141-3T the same way they enforce every other Chapter 141 rule, under §141-10 and 16 P.S. §2510(b): a violation is a summary offense carrying a fine of up to $300 plus prosecution costs.

Sources & Official References

Other rules in Delaware County

All Delaware County rules

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