Hempstead, NY Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Citation
- Hempstead Code § 78-3.2
- Effective
- June 6, 2018 (L.L. No. 44-2018)
- Covers
- Cigarettes, e-cigarettes, cigars, pipes
- Exception
- Commissioner-designated outdoor smoking areas
- Max penalty
- $250 fine or 15 days jail
Summary
Town of Hempstead Code § 78-3.2 bans smoking and vaping, including e-cigarettes, cigars and pipes, at every Town park, both indoors and outdoors, unless a person is inside a Commissioner-designated smoking area marked by posted signs. The rule took effect June 6, 2018 under Local Law No. 44-2018. A violation is punishable under § 78-28 by a fine up to $250, up to 15 days in jail, or both.
It shall be a violation of this chapter for any person to smoke or carry any lighted smoking substances or other smoking devices, including but not limited to cigarettes, electronic cigarettes, cigars, pipes and the like, at any park within the Town of Hempstead, including indoor and outdoor locations, except in designated smoking areas as indicated by posted signs.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4863878; v67 updated 2026-04-28; through 04-28-2026).
Full Breakdown
Chapter 78's smoking rules were built in stages. 1, added in 2010 and amended by Local Law No. 44-2018 on May 22, 2018, was to curb the health risks of nicotine while ending inconsistent treatment of e-cigarettes versus traditional smoking. 3. Those designated areas must be outdoor spaces, and only there is smoking, including e-cigarette use, permitted. 5's companion marijuana ban shows the Town Board treats parks as its primary smoking-control target rather than street sidewalks or private patios townwide. The definitions in § 78-1 sweep broadly: SMOKING covers inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or combustible tobacco product, plus vaping devices, personal vaporizers or any electronic nicotine delivery system.
PARK is defined to include playgrounds, athletic fields, swimming pools, beaches, boardwalks and golf courses under Town Board or park-district jurisdiction, so the ban follows Town-controlled recreation land generally, not just traditional park grounds.
Violations & Fines
Smoking or vaping outside a posted designated area is punishable under § 78-28(D) by a fine of up to $250 or imprisonment for up to 15 days, or both, for each offense, since the section is not among those chapter provisions carrying its own specific penalty schedule. Each day a violation continues counts as a separate offense.
Frequently Asked Questions
Can I vape in a Hempstead Town park?
What parks does the smoking ban cover?
What happens if I get caught smoking in a non-designated area?
Sources & Official References
Other rules in Hempstead
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