Miami, FL Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- First offense
- $100 civil fine
- Second offense
- $200 civil fine
- Third+ offense
- $500 civil fine
- Non-compliance
- removal up to 24 hours
- Covers
- tobacco, cannabis, and vaping devices
Summary
Miami prohibits smoking and vaping tobacco, cannabis, and their extracts in all public parks and beaches, with civil fines starting at $100 for a first offense within 12 months.
(b)Prohibition. It shall be unlawful for any person to smoke or vape including, but not limited to, tobacco or cannabis, in all of their forms and extract products, in public parks or public beaches.(c)Penalties. 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.(2)Second offense within a 12-month period: Punishable by a $200.00 civil fine.(3)Third or subsequent offense(s) within a 12-month period: Punishable by a $500.00 civil fine.(4)In addition to the civil fines outlined above, any person who continues to smoke or vape after being issued a warning or civil fine may be subject to removal from the public park or beach premises for a period not exceeding 24 hours.(d)Enforcement. This section shall be enforced pursuant to chapter 2, article X—Code enforcement of the City Code, as amended, or any other enforcement mechanism as provided by law. Use of one means of enforcement shall not preclude the use of any other remedies. Civil fines issued pursuant to this article are appealable to a special magistrate. Civil citations may also be issued by City of Miami Police. (Ord. No. 14174, § 2, 5-25-23)
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 23 | Ordinance 11000 (Previous Zoning Code): Supplement 22 | Miami 21 (Zoning Code): ?).
Full Breakdown
City of Miami Code § 37-17 makes it unlawful to smoke or vape tobacco, cannabis, or any related extract product in any public park or public beach. The ban covers lighted products like cigarettes, cigars, and pipes, plus vapor from e-cigarettes and vaping devices. Violators face escalating civil fines: $100 for a first offense in a 12-month period, $200 for a second, and $500 for a third or subsequent offense. Anyone who keeps smoking or vaping after a warning or fine can be removed from the park or beach for up to 24 hours. Police and code enforcement officers issue the citations, which are appealable to a special magistrate.
Violations & Fines
Smoking or vaping tobacco, cannabis, or extracts in a public park or public beach; ignoring a warning to stop.
Frequently Asked Questions
Is vaping allowed in City of Miami parks?
What's the penalty for smoking in a Miami park?
Can I be removed from the park for vaping?
Sources & Official References
Other rules in Miami
Florida rules heatmap·Compare Miami to another location·View the Florida public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.
Outdoor Smoking Restrictions in Nearby Cities
How other cities in Miami-Dade County handle outdoor smoking restrictions.