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Jacksonville Beach, FL Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified November 2026

Key Facts

Beach rule
No lighted tobacco product inhaled, burned, carried or possessed (§ 6-45(r))
Park rule
Tobacco and vapor-generating devices banned (§ 20-13(c)(25))
Carve-out
Unfiltered cigars excluded from both definitions
Tennis Club
No smoking or vapor within 25 feet of fencing (§ 20-14(d)(1))
Park stay-out order
48 hours minimum; up to six months (§ 20-18)
Hearing request
In writing within three days of the stay-out order

Summary

Smoking is banned on the Atlantic Ocean beach in Jacksonville Beach, where the rule covers inhaling, exhaling, burning, carrying or possessing any lighted tobacco product. City parks add a ban on tobacco and on the active use of a vapor-generating device. Unfiltered cigars are carved out of both definitions, and the Tennis Club bars smoking and vapor within twenty-five (25) feet of its fencing.

(r) No smoking. Smoking means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. In accordance with F.S. § 386.209, smoking does not include the use of unfiltered cigars. ... (c) Prohibited activities. It shall be unlawful for any person to do any of the following in any park or other areas officially designated by the city council as a park and posted as such ... (25) Smoke tobacco products or use vapor-generating devices. As used in this provision, smoking shall be defined as inhaling, exhaling, burning, carrying, or possessing a lighted tobacco product or the active use of a vapor-generating device. Tobacco product is defined to include cigarettes, pipe tobacco, and any other lighted tobacco product except unfiltered cigars.

View official code

Official source re-checked November 3, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 60).

Full Breakdown

Jacksonville Beach regulates outdoor smoking in two places. On the beach, § 6-45(r) says simply "No smoking" and defines smoking as inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product. Because the definition includes carrying and possessing, a lit cigarette held in the hand is covered even if it is never puffed. The section cites F.S. § 386.209 for its one carve-out: smoking does not include the use of unfiltered cigars. Section 6-44 sets the beach boundary, from the easterly ocean bluff line west to the city limits. Section 6-46(a) separately forbids leaving cigarette butts, filters, and products containing tobacco or used for consuming tobacco products on the beach except in public trash receptacles.

In parks, § 20-13(c)(25) makes it unlawful to smoke tobacco products or use vapor-generating devices, and it defines smoking to include the active use of a vapor-generating device. Tobacco products there cover cigarettes, pipe tobacco, and any other lighted tobacco product except unfiltered cigars. The rule applies in the parks listed in § 20-13(a), including Oceanfront Park, Seawalk Pavilion and Latham Plaza, South Beach Park and Sunshine Playground, Paws Dog Park and Wingate Park, unless the city manager has issued specific authorization. Section 20-14(d)(1) goes further for the Jacksonville Beach Tennis Club: cigars, cigarettes, vapor, or e-cigarettes in any form are prohibited at the club and within twenty-five (25) feet of the exterior fencing.

Park enforcement runs through § 20-18. Park employees and law enforcement officers enforce the rules, and a violator can be ordered to leave all parks, beaches and recreation facilities for a minimum 48-hour period. The director or a law enforcement officer can order a violator to stay out for a period not exceeding six (6) months, and the violator is entitled to a special magistrate hearing if a written request reaches the director and city attorney within three (3) days.

Violations & Fines

A violator in a park can be ordered out of all parks, beaches and recreation facilities for at least 48 hours, and refusing to leave can lead to a trespass arrest. A longer stay-out order can run up to six (6) months, subject to a special magistrate hearing requested in writing within three (3) days. Beach violations fall under the general penalty in § 1-11(a) where no specific penalty is provided: a fine not exceeding $500.00 or imprisonment not exceeding ninety (90) days, or both.

Frequently Asked Questions

Is vaping banned on the beach in Jacksonville Beach?
Section 6-45(r) defines beach smoking by reference to lighted tobacco products and does not mention vapor devices. Vapor-generating devices are named in the park rule, § 20-13(c)(25), and at the Tennis Club under § 20-14(d)(1). Litter rules in § 6-46(a) still cover products used for consuming tobacco products left on the sand.
Can I carry an unlit cigarette on the beach?
The beach definition in § 6-45(r) covers inhaling, exhaling, burning, carrying, or possessing a lighted tobacco product, so the trigger is a lit product. An unfiltered cigar is outside the definition because of F.S. § 386.209, which the section cites.
Which parks have the smoking ban?
Section 20-13(a) lists the covered parks, among them Oceanfront Park, Seawalk Pavilion and Latham Plaza, South Beach Park and Sunshine Playground, Paws Dog Park, Penman Park, Rotary Park, Tall Pines Park and Wingate Park. Subsection (c)(25) bars tobacco and vapor-generating devices in them unless the city manager has issued specific authorization.
What happens if I am caught smoking in a park?
Under § 20-18, park employees and law enforcement officers enforce the rules, and you can be ordered to leave all parks, beaches and recreation facilities for a minimum 48-hour period. Refusing to leave can bring a trespass arrest. A longer order, up to six months, can be appealed to the special magistrate within three days.

Sources & Official References

Other rules in Jacksonville Beach

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