Erie County, NY Public Conduct: Outdoor Smoking Restrictions (2026)

Local Law No. " The law defines "Bus Shelter" as any covered structure at a bus stop placed on a sidewalk or concrete pad in Erie County that protects waiting riders from weather, and defines "Public Place" broadly to include streets, sidewalks, playgrounds, and bus stops, with the curb or pavement edge marking the boundary where there is no curb. "Smoking" covers burning a lighted cigar, cigarette, e-cigarette, or other device containing tobacco or nicotine, so vaping counts equally with combustible tobacco. Section 4 makes the bus-shelter ban enforceable as a violation: a first offense after a 90-day grace period draws a fine up to $50, a second offense up to $100, and a third offense up to $150.

The grace period runs for the first 90 days after the law was signed and certified by the New York State Secretary of State, during which violators receive warnings rather than fines. Bus transportation providers, meaning the NFTA and other carriers operating shelters in the county, must post "No Smoking" or "Smoke Free" signs, the international no-smoking symbol, or both, in conspicuous locations sufficient to give public notice; the same section separately bars sale of tobacco and e-cigarettes inside licensed health care institutions and pharmacies, and bars smoking in a vehicle with a child present, but those are enforced under different provisions and by the Commissioner of Health rather than through the bus-shelter fine schedule.

The law took effect upon filing with the Secretary of State and includes a standard severability clause protecting the remaining sections if any one clause is struck down.