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

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

Key Facts

Park smoking
Banned outdoors in every city park, § 11.5-42
Bus facility buffer
No smoking within 20 feet of RTS facilities
Exception zone
Up to 10% of large stations can be designated
Fine
$25 class II civil citation per violation
Covers vaping
Definition includes nicotine dispensing devices
Signage
No Smoking signs required, min. 1-inch letters

Summary

Gainesville bans smoking outdoors in every city park under Section 11.5-42, and separately bars it within 20 feet of any RTS bus facility under Section 11.5-41, unless the city manager designates a limited smoking area covering no more than ten percent of a large station like the downtown Rosa Parks station.

(1)A person shall not smoke outdoors at or within 20 feet of any RTS bus facility; however, the city manager may designate up to ten percent of the total area of a large bus facility such as the Rosa Parks RTS Downtown Station or Butler Plaza Station as a smoking permitted area with signs that delineate the boundaries of the area and state that smoking is permitted in such area. Nothing herein requires the city manager to designate a smoking permitted area. ... A person shall not smoke outdoors within a city park.

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 63).

Full Breakdown

S. Chapter 386. 5-42 is a single flat sentence: a person shall not smoke outdoors within a city park, covering every park listed in Section 18-18 and any other area the city commission designates and posts as a park. 5-41 imposes a parallel ban at RTS bus facilities, prohibiting smoking at or within 20 feet of any bus stop, shelter, transfer station or terminal, though the city manager may carve out a smoking-permitted area covering up to ten percent of a large facility such as the Rosa Parks RTS Downtown Station or Butler Plaza Station, marked with boundary signage.

The bus-facility ban does not apply to someone merely passing by on a public street, sidewalk or vehicle, or to a person lawfully on private property within the 20-foot buffer. 5-40 to include lit pipes, cigars, cigarettes and nicotine dispensing devices such as vape pens. 5-43 requires the city to post 'No Smoking' or 'Smoke Free' signage with letters at least one inch tall, or the international no-smoking symbol, at every location where the ban applies.

Violations & Fines

Smoking in a city park or within 20 feet of an RTS bus facility is enforceable by civil citation under Chapter 2, Article V, Division 6. The city's Section 2-339 fine schedule sets a $25 class II fine for smoking outdoors at an RTS facility and a separate $25 class II fine for smoking outdoors in a city park, in addition to whatever penalty applies under Section 1-9's general provision for any unlisted violation.

Frequently Asked Questions

Can I smoke in a Gainesville city park?
No. Section 11.5-42 flatly prohibits smoking outdoors within any city park listed in the parks chapter or otherwise designated by the city commission. There is no exception carved out for open-air park space, unlike the limited smoking areas the city manager can designate at large bus facilities.
Does the smoking ban apply if I'm just waiting at a bus stop?
Yes. Section 11.5-41 bars smoking at or within 20 feet of any RTS bus facility, including stops and shelters, though the city manager may designate up to ten percent of a large station, like Rosa Parks RTS Downtown Station, as a posted smoking-permitted area.
Does the park and bus-facility smoking ban cover vaping?
Yes. Section 11.5-40 defines 'smoke or smoking' to include the use of a nicotine dispensing device, so e-cigarettes and vape pens are treated the same as lit cigarettes, cigars or pipes under both the park ban and the bus-facility ban.

Sources & Official References

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