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Fort Myers, FL Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Fine
$100.00 civil fine
Scope
City parks + county parks in city limits
Covers
Vaping and all lighted tobacco
Exception
Unfiltered cigars exempt
Adopted
Ord. No. 3998, Oct. 2, 2023

Summary

Fort Myers bans smoking and vaping in all city-owned parks and in county parks within city limits, punishable by a $100 civil fine.

It shall be unlawful for any person to smoke or vape in any city owned park, and to the extent such restriction does not conflict with any county ordinance, it shall additionally be unlawful for any person to smoke or vape in any public park owned by the county but located within city jurisdiction. ... 'Smoking' means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, or vaping, including cigarettes, e-cigarettes, cigars, pipe tobacco, and any other lighted tobacco product, with the exception of unfiltered cigars.

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 60).

Full Breakdown

Fort Myers Code of Ordinances § 58-158 makes it unlawful to smoke or vape in any city-owned park, and, unless it conflicts with county ordinance, in any county-owned park located within city jurisdiction. "Smoking" is defined broadly: inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, or vaping, covering cigarettes, e-cigarettes, cigars, pipe tobacco, and other lighted tobacco products, with one carve-out, unfiltered cigars are exempt from the ban. Violators face a $100.00 civil fine. The rule was added by Ord. No. 3998, adopted October 2, 2023.

Violations & Fines

Smoking or vaping in a city park, or in a county park within city limits, is a civil infraction carrying a flat $100.00 fine per Sec. 58-158(c).

Frequently Asked Questions

Does Fort Myers's park smoking ban include vaping?
Yes. Sec. 58-158(b) defines "smoking" to include vaping alongside lighted tobacco products such as cigarettes, cigars, and pipe tobacco.
Are unfiltered cigars allowed in Fort Myers parks?
Yes. The ordinance's definition of "smoking" specifically excludes unfiltered cigars, so they fall outside the ban covering cigarettes, e-cigarettes, and other tobacco products.
What's the penalty for smoking in a Fort Myers park?
A $100.00 civil fine under Sec. 58-158(c), which governs specifically over the general $25-$250 park-violation fine in Sec. 58-157.

Sources & Official References

Other rules in Fort Myers

All Fort Myers rules

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