Hialeah, FL Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Ban covers
- Park property, rec facilities, public buildings
- Includes
- Vaping and cannabis/marijuana/hemp (Sec. 62-1)
- 1st offense
- $100.00 fine (or free quit-smoking course)
- 2nd offense
- $200.00 fine (or 4-week course)
- 3rd+ offense
- $500.00 fine
- Known as
- 'Joanna Alemany Act' (Ord. No. 2023-063)
Summary
Smoking and vaping, including cannabis and hemp products under the chapter's own definition, are banned on all Hialeah park property, recreational facilities and public buildings under the 'Joanna Alemany Act,' Sec. 62-26. Fines climb from $100.00 for a first offense to $200.00 for a second and $500.00 for a third or subsequent violation, though first- and second-time offenders can opt into a free quit-smoking course instead.
(b)It shall be unlawful for any person to smoke and/or vape on or within park property, city recreational facilities or city public buildings. A violation of this section shall be considered an uncorrectable or irreparable violation as defined in chapter 22 of the Code of Ordinances of the City of Hialeah.(c)Notwithstanding chapter 22 of the Code of Ordinances of the City of Hialeah, the following penalties shall be imposed for violations of this section:(1)First offense punishable by a $100.00 fine;(2)Second offense punishable by a $200.00 fine;(3)Third or subsequent offense punishable by a $500.00 fine.
Full Breakdown
Sec. 62-26(b) makes it unlawful for any person to smoke and/or vape on or within park property, city recreational facilities or city public buildings, and classifies a violation as an 'uncorrectable or irreparable violation' under chapter 22, meaning there is no cure period before enforcement. Sec. 62-1 defines 'smoke or smoking' broadly to mean inhaling, exhaling, burning, carrying or possessing any lighted tobacco product, cigarettes, cigars, pipe tobacco, or 'any cannabis, marijuana, or hemp product(s),' with an exception only for unfiltered cigars, and defines 'vape or vaping' to include any vapor-generating electronic device using nicotine or another substance.
00 for a third or subsequent offense. In lieu of the first-offense fine, a violator may elect to attend a free two-hour 'Tools to Quit' course from the Area Health Education Center, provided through Miami-Dade County; a second-offense violator may instead attend four weekly sessions of a 'Quit Smoking Now' course on the same terms. Either election must be made before the deadline for requesting an administrative hearing. The section was adopted by Ord. No. 2023-063, § 1, June 13, 2023, and amended by Ord. No. 2024-052, § 1, May 28, 2024.
Violations & Fines
Sec. 62-26(c) fines a first smoking or vaping violation on park property, at a city recreational facility, or in a public building at $100.00, a second at $200.00, and a third or subsequent offense at $500.00, treated as uncorrectable under chapter 22. First- and second-offense violators may instead attend a free 'Tools to Quit' or 'Quit Smoking Now' course through the county's Area Health Education Center.
Frequently Asked Questions
Can I smoke or vape at a Hialeah city park?
Does Hialeah's outdoor smoking ban cover marijuana?
What's the fine for smoking in a Hialeah park?
Can I avoid the fine for a first smoking violation in a Hialeah park?
Sources & Official References
Other rules in Hialeah
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