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Mount Vernon, NY Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Buffer distance
25 feet from any park, playground, tot lot
Fine
$250 per violation (infraction)
Covers
Tobacco, cannabis, hookah, and vaping devices
Sidewalk exception
Public sidewalks near tot-lot sandboxes exempted
Enacted
Added 2009; amended 2011 and 2023

Summary

Mount Vernon bans smoking of tobacco, cannabis, hookah, or vaping devices within 25 feet of any city park, playground, street park, or tot lot. City Code § 186-18 covers all forms of smoking, including cannabis products, and carries a flat $250 fine per violation. The ban does not reach the public sidewalk skirting a park's tot-lot sandbox.

No person shall smoke a tobacco product or tobacco-related product, a cannabis product or cannabis-related product, hookah or hookah-product, or the heating or ignition of an e-cigarette which creates a vapor within 25 feet of any playground, park, street park, or tot lot area. ... Any person who violates this section is guilty of an infraction and shall be punished by a fine of $250 for each violation of this section.

Full Breakdown

Chapter 186 of the City Code, Parks and Playgrounds, was amended in 2009 to add § 186-18, which was expanded again in 2011 and 2023 to reach vaping devices and cannabis. The rule reaches every 'playground, park, street park, or tot lot area' as those terms are defined in § 186-1: any park, square or circle under Department of Public Works jurisdiction, and any recreational area under the Department of Recreation with installed play equipment. Subsection A bars lighting or carrying a lit tobacco product, cannabis product, hookah, or an e-cigarette that produces vapor within the 25-foot buffer; Subsection B separately bars discarding any of those same products or their packaging inside the same 25-foot zone, so tossing a spent cigarette or vape pod there is its own violation.

Subsection C protects anyone who tries to get another person to comply with the no-smoking rule from intimidation or reprisal. The 14 city-designated tot lots named in § 186-17, from Grove Street Playground to Purdy Playground, all trigger this buffer. Subsection E carves out one exception: the ban does not apply to a public sidewalk that happens to fall within 25 feet of a playground or tot-lot sandbox, so a smoker on the sidewalk skirting such a lot is not automatically in violation. Every violation is charged as an infraction and fined a flat $250, with no escalating schedule for repeat offenders written into the section itself.

Violations & Fines

Violating § 186-18 is an infraction punishable by a flat $250 fine per occurrence, whether for smoking within the buffer or for discarding a lit or spent tobacco, cannabis, hookah, or vaping product there. There is no tiered first-offense warning: the fine applies from the first citation, and retaliating against someone who calls out a violation is itself a separate violation of Subsection C.

Frequently Asked Questions

Can I smoke cannabis in a Mount Vernon park?
No. City Code § 186-18 bars lighting a cannabis product, along with tobacco, hookah, or vaping devices, within 25 feet of any park, playground, street park, or tot lot in Mount Vernon. Violators face a $250 fine per incident, and the same buffer bans tossing a spent product there too.
Does the smoking ban cover vaping?
Yes. The 2011 and 2023 amendments to § 186-18 added the heating or ignition of an e-cigarette that creates a vapor to the list of prohibited acts within 25 feet of any city park, playground, or tot lot, alongside tobacco, cannabis, and hookah products.
Is the sidewalk next to a playground off-limits too?
Not automatically. Subsection E of § 186-18 exempts a public sidewalk located within 25 feet of a playground or tot-lot sandbox area from Subsections A through C, so standing on that sidewalk to smoke does not by itself violate the section.
What is the fine for smoking near a Mount Vernon park?
Any violation of § 186-18, whether smoking or improperly discarding a tobacco, cannabis, hookah, or vaping product within the 25-foot buffer, is an infraction punishable by a $250 fine, assessed per violation with no first-offense warning built into the law.

Sources & Official References

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