Miami Beach, FL Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Where banned
- All public parks and beaches
- Exempt product
- Unfiltered cigars
- 1st offense (12 mo)
- $100 civil fine
- 2nd offense (12 mo)
- $200 civil fine
- 3rd+ offense (12 mo)
- $500 civil fine
- Adopted
- Ord. No. 2022-4509, 9-14-22
Summary
Smoking any lighted tobacco product, cigarettes, cigars, pipe tobacco, and similar items, is unlawful in every Miami Beach public park and on every public beach under City Code Sec. 82-9. Unfiltered cigars are the sole carve-out. Fines climb from $100 to $500 per offense within a 12-month window.
Sec. 82-9. - Smoking in the parks and on the beaches is prohibited. It shall be unlawful for any person to smoke in public parks or on public beaches. Smoking means inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product, with the exception of unfiltered cigars. The following penalties shall be imposed for violations of this section:(1)First offense within a 12-month period: punishable by a $100.00 civil fine, or by imprisonment for a term not exceeding 60 days in accordance with section 1-14 of the City Code.(2)Second offense within a 12-month period: punishable by a $200.00 civil fine. or by imprisonment for a term not exceeding 60 days in accordance with section 1-14 of the City Code.(3)Third or subsequent offense within a 12-month period: punishable by a $500.00 civil fine, or by imprisonment for a term not exceeding 60 days in accordance with section 1-14 of the City Code.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 98 | Resiliency Code (Current Land Development Regulations): Publication | Ordinance 89-2665 (Previous Land Development Regulations): Publication).
Full Breakdown
Sec. 82-9 makes it "unlawful for any person to smoke in public parks or on public beaches," full stop, with no exception for designated smoking areas the way many outdoor bans include. The ordinance defines smoking broadly as "inhaling, exhaling, burning, carrying, or possessing any lighted tobacco product, including cigarettes, cigars, pipe tobacco, and any other lighted tobacco product," which reaches simply holding a lit cigarette while standing on the sand, not just actively drawing on it. The only carve-out in the definition is for unfiltered cigars, which the section excludes from the ban outright.
00. Each fine tier is also punishable, in the alternative, by up to 60 days' imprisonment in accordance with Sec. 1-14 of the City Code, though in practice enforcement runs through the civil citation track. The ordinance was adopted by Ord. No. 2022-4509 on September 14, 2022, adding a beach- and park-specific smoking prohibition distinct from Florida's separate indoor Clean Indoor Air Act, which does not reach outdoor public spaces.
Violations & Fines
A first smoking violation in a 12-month period costs $100.00, a second costs $200.00, and a third or later violation in that same 12-month window costs $500.00, with imprisonment of up to 60 days available as an alternative penalty for any tier under Sec. 1-14. Unfiltered cigars are not counted as violations at all.
Frequently Asked Questions
Can I smoke on Miami Beach's public beach?
What's the fine for smoking in a Miami Beach park?
Are unfiltered cigars allowed on the beach?
Sources & Official References
Other rules in Miami Beach
Florida rules heatmap·Compare Miami Beach to another location·View the Florida public conduct overview
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Miami-Dade County handle outdoor smoking restrictions.