Hamburg Village, NY Public Conduct: Outdoor Smoking Restrictions (2026)

Chapter 193 of the Village of Hamburg Code is titled the "Village of Hamburg Smoke-Free Policy" (§ 193-1). The Board of Trustees adopted it on 7-19-2010 as L.L. No. 3-2010. Its stated purpose is to create a healthier community and a cleaner environment and to offer children a role model by prohibiting smoking in the Village's parks and playgrounds (§ 193-2).

The operative rule in § 193-3 is a flat prohibition: smoking is prohibited in all Village parks and playgrounds. The list that follows uses the words "including, but not limited to," so it names the Hamburg Swim Center, Legion Field Baseball Complex, Community Center Playground, Glen Meadows Park, Lake Street Memorial Park, Centennial Park and the Peace Park without confining the ban to those seven sites. The same section makes it unlawful for any person to dispose of smoking materials, including cigarette and cigar butts and filters, in any place other than a designated receptacle.

The chapter as printed has four sections, and none of them addresses restaurant patios, private property or public sidewalks. Outdoor dining areas are permitted under Chapter 190, which contains no smoking rule, and the employee smoking policy sits in Chapter 89, Article I, which Chapter 193 cross-references. The chapter names no enforcing officer and sets no signage requirement, so the penalty in § 193-4 is its only enforcement term: a fine not to exceed $250.