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Westchester County, NY Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Covers
Outdoor restaurant/bar patios
Enforcer
County Board of Health, Sheriff
Exception
Retail tobacco shops only
Adopted
L.L. No. 3-2003

Summary

Westchester County bans smoking at every place of employment, including the outdoor areas of restaurants and bars, with no exception besides dedicated retail tobacco shops.

City-specific rules exist: Mount Vernon, New Rochelle, and Yonkers have their own outdoor smoking restrictions rules that differ from Westchester County's county-level regulations. If you live in one of those cities, check the city-specific page instead.

Place of employment shall mean any indoor and outdoor enclosed area located within the County of Westchester under the control of a public or private employer which employees normally frequent during the course of employment. Place of employment shall also include, but not be limited to, indoor and outdoor areas of restaurants and bars. A private residence is not a "place of employment" unless it is used as a childcare or health care facility.4.Smoking shall mean the inhaling, exhaling, burning or carrying of any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco product as defined by § 535.11(7), or plant product intended for inhalation, including hookahs, whether natural or synthetic, in any manner or in any form.5.Retail tobacco shop shall mean a retail establishment which derives ninety (90) percent or more of its total annual gross revenue from the sale of cigarettes, cigars, pipes, chewing tobacco, powdered tobacco, herbal cigarettes, rolling papers or other tobacco products. (L.L. No. 3-2003; L.L. No. 9-2015, § 1; L.L. No. 2-2018, § 9, 6-6-18)

Sec. 534.03. - Regulation of smoking in places of employment. 1.Smoking shall be prohibited in all places of employment, as defined herein, without exception.

Source: Westchester County Code Chapter 484View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 47).

Full Breakdown

The Smoke-Free Worksite Law defines 'place of employment' to include indoor and outdoor areas employees normally frequent, expressly naming outdoor areas of restaurants and bars. Smoking is prohibited there without exception, and employers must adopt, post and enforce a written no-smoking policy; the only carve-out is retail tobacco shops where smoking is still permitted.

Violations & Fines

Enforcement officers -- the County Board of Health, County Sheriff, or local police -- can hold a hearing and impose a civil penalty; decisions are reviewable under CPLR Article 78.

Frequently Asked Questions

Can I smoke on a restaurant patio in Westchester County?
No. Outdoor areas of restaurants and bars are defined as places of employment, where smoking is banned without exception.
Are any businesses exempt from the smoking ban?
Yes, retail tobacco shops that derive 90% or more of revenue from tobacco sales may still permit smoking.

Sources & Official References

Other rules in Westchester County

All Westchester County rules

New York rules heatmap·Compare Westchester County to another location·View the New York public conduct overview

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Outdoor Smoking Restrictions in Cities Across Westchester County