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New Rochelle, NY Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Minimum fine
$100 per violation
Covers
Cigarettes, vapes, cannabis, smokeless tobacco
Banned in
Parks, beaches, pools, plazas, garages
Sidewalk carve-out
Non-traversing sidewalks excluded
Adopted
Jan. 21, 2025, Ord. No. 2025-17

Summary

New Rochelle bans smoking and smokeless tobacco use, including vaping and cannabis, throughout the city's public parks, beaches, pools, playgrounds, trails, marinas, pedestrian plazas, parking garages, buses and taxis. Each violation of the ban carries a fine of at least $100 under the city's 2025 Smoking chapter.

SMOKING: The burning of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco, or cannabis or cannabinoid hemp as such terms are defined in § 3 of the New York State Cannabis Law, including the use of an electronic smoking device that delivers vapor which is inhaled by an individual user ... The following shall be a violation of this chapter: ... Smoking and/or smokeless tobacco anywhere within the confines of any public parks, beaches, pools, splashpads, playgrounds, trails, recreation centers, marinas, and athletic facilities owned or operated by the City of New Rochelle. ... Smoking and/or using smokeless tobacco anywhere with ... any pedestrian plaza owned or operated by the City of New Rochelle. ... Each violation of § 252-2 shall be a violation punishable by a fine of not less than $100.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4601407; v60 updated 2025-12-02; through 12-02-2025).

Full Breakdown

Chapter 252, adopted January 21, 2025 by Ordinance No. 2025-17, defines SMOKING to include burning tobacco, cannabis or cannabinoid hemp as defined in § 3 of the New York State Cannabis Law, along with vapor from electronic smoking devices, refills, cartridges and any Electronic Nicotine Delivery System. Section 252-2A lists the banned locations: inside any building or structure owned or leased by the City, including main entrances; inside any City-owned, leased or rented vehicle; anywhere within the confines of public parks, beaches, pools, splashpads, playgrounds, trails, recreation centers, marinas and athletic facilities operated by the City, though sidewalks that merely adjoin but don't traverse those facilities are excluded; anywhere in a City-owned or operated parking garage; anywhere within a City-owned or operated pedestrian plaza; on any bus, shuttle, omnibus or coach within city limits; by a taxicab operator while carrying passengers; and anywhere in theaters, except for a performer as part of a theatrical production.

Indoor smoking outside those City-controlled spaces is instead governed by Article 13-E of the New York State Public Health Law, the Clean Indoor Air Act, per § 252-2B. Section 252-3 sets the penalty: a fine of not less than $100 per violation, which stands in place of any other penalty the Code would otherwise impose for the same conduct.

Violations & Fines

Each smoking or vaping violation under § 252-2 draws a flat fine of at least $100 under § 252-3, and that penalty stands in place of any other fine the City Code might otherwise impose. Because the chapter counts each incident of smoking, not each day, a smoker caught lighting up in a park, plaza or parking garage on separate occasions faces a separate $100-plus fine each time.

Frequently Asked Questions

Does New Rochelle's smoking ban cover marijuana?
Yes. Section 252-1 defines 'smoking' to include burning cannabis or cannabinoid hemp as those terms are defined in § 3 of the New York State Cannabis Law, alongside tobacco and vapor from electronic devices. That means the same ban on smoking in parks, plazas, garages and City vehicles applies equally to lighting up cannabis.
Can I smoke on the sidewalk next to a City park?
Usually yes. Section 252-2A(3) excludes sidewalks that adjoin but don't cut through a park, beach, pool, playground, trail, recreation center or athletic facility, so the ban is limited to the property itself. Step off the park grounds onto the adjacent public sidewalk and the park-specific prohibition no longer applies.
What's the fine for smoking in a New Rochelle pedestrian plaza?
Section 252-3 sets a flat minimum fine of $100 for any violation of the smoking restrictions in § 252-2, which specifically names pedestrian plazas owned or operated by the City among the banned locations. That $100 minimum replaces any other penalty the Code would otherwise apply to the same conduct.

Sources & Official References

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