Irvington, NJ Public Conduct: Outdoor Smoking Restrictions (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.
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
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Sources & Official References
Other rules in Irvington
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Essex County handle outdoor smoking restrictions.