New York, NY Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing law
- NYC Smoke-Free Air Act, Admin Code Title 17
- Parks & playgrounds
- Smoking banned indoors and outdoors, always
- Pedestrian plazas
- Smoking prohibited citywide
- Penalty
- $50 civil fine per violation
- Enforcement
- Health and Parks Depts; ECB hearings
Summary
New York City's Smoke-Free Air Act bans smoking and e-cigarette use in every city park and pedestrian plaza, plus playgrounds and hospital grounds, whether the space is indoors or outdoors.
Smoking, and using electronic cigarettes, are prohibited in all indoor and outdoor areas of the following public places at all times: ... 3. Any park or other property under the jurisdiction of the department of parks and recreation; provided, however, that this paragraph shall not apply to: (a) the sidewalks immediately adjoining parks, squares and public places; (b) any pedestrian route through any park strip, median or mall that is adjacent to vehicular traffic; (c) parking lots; and (d) theatrical productions.
Full Breakdown
Administrative Code section 17-503(d)(3) bans smoking and electronic cigarettes in any park or other property under the Parks Department's jurisdiction, indoors and outdoors, at all times, with narrow carve-outs for adjoining sidewalks, pedestrian routes through medians, parking lots, and theatrical productions. Subdivision (c)(7) separately bans smoking in every pedestrian plaza, and subdivision (d) also reaches playgrounds and areas within 15 feet of a hospital entrance. The Health Department and Parks Department enforce the ban; a smoker caught in a park or plaza faces a 50 dollar civil penalty per violation under section 17-508(e)(3).
Violations & Fines
Smoking or vaping in a park, playground, or pedestrian plaza draws a $50 civil penalty per violation; NOVs go to the Environmental Control Board, and repeat violations stack within a rolling period.
Frequently Asked Questions
Can I smoke in a New York City park?
Are pedestrian plazas covered by the smoking ban too?
Sources & Official References
Other rules in New York
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