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Irvington, NJ Public Conduct: Outdoor Smoking Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Park smoking ban added
2001 (Ord. No. MC 3165)
Park smoking fine
$50-$100 per offense
Under-18 penalty
Community service/education
Building entrance buffer
100 feet
Covers
Cigarettes, e-cigarettes, cigars, pipes

Summary

Irvington bans smoking in every Township public park and within 100 feet of entrances to indoor public places. Section 428-8B, added in 2001, outlaws cigarettes, e-cigarettes, cigars and pipes anywhere in a Township park, and Section 524-2 extends the ban to a sidewalk buffer outside buildings like offices, schools and restaurants.

The smoking of cigarettes, e-cigarettes, cigars or pipes at Township public parks within the Township of Irvington is hereby prohibited. The appropriate signage of no smoking at all in the Township public parks will be installed by the Recreation Department of the Township. ... Smoking is prohibited within 100 feet of entranceways to indoor public places pursuant to the New Jersey Smoke Free Air Act, N.J.A.C. 8:6.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996945; v39 updated 2026-07-13; through 07-13-2026).

Full Breakdown

Section 428-8B, added by Ord. No. MC 3165 in 2001 and amended in 2013 by Ord. No. MC 3499, prohibits smoking cigarettes, e-cigarettes, cigars or pipes anywhere in a Township public park, and requires the Recreation Department to post no-smoking signage; complaints can come from any citizen or enforcement officer, not just police. Separately, Chapter 524's Smoking Near Public Places article, adopted 5-24-2011 by Ord. No. MC 3438 and rewritten in its entirety in 2018 by Ord. No. MC 3657, defines an INDOOR PUBLIC PLACE broadly under Section 524-1 to include offices, schools, restaurants, bars, health care facilities, shopping malls, hotels and apartment lobbies, and defines SMOKING to include vapor or aerosol from electronic smoking devices.

Section 524-2 then draws the outdoor line: smoking is prohibited within 100 feet of the entranceways to any of those indoor public places, a buffer the ordinance ties to the New Jersey Smoke Free Air Act. Chapter 524 also carves out cigar bars and cigar lounges as enclosed, separately ventilated spaces, but bars them from sitting within 500 feet of a preschool, elementary, middle or high school. Together the two chapters cover the two outdoor settings residents ask about most: parks and sidewalks near building doors.

Violations & Fines

Section 428-8B(2) fines an adult violator not less than $50 nor more than $100 per offense for smoking in a park; anyone under 18 is not fined but must instead perform community service or attend an educational program set by the Municipal Court judge. Chapter 524 violations of the entranceway buffer are enforced as a public health matter under the cross-referenced Smoke Free Air Act.

Frequently Asked Questions

Can I smoke in an Irvington park?
No. Section 428-8B bans smoking cigarettes, e-cigarettes, cigars or pipes in every Township public park, with no-smoking signage installed by the Recreation Department and complaints acceptable from any citizen or enforcement officer.
What's the fine for smoking in a park?
Section 428-8B(2) sets a penalty of not less than $50 nor more than $100 per offense for adults; anyone under 18 isn't fined but must instead perform community service or attend an educational program set by the Municipal Court judge.
How close to a building entrance can I smoke?
Not within 100 feet. Section 524-2 prohibits smoking within 100 feet of entranceways to indoor public places such as offices, restaurants and stores, applying the buffer required under the New Jersey Smoke Free Air Act.

Sources & Official References

Other rules in Irvington

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