North Hempstead, NY Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- § 39-16.1, Smoking and vaping prohibited
- Covered areas
- every Town park, garden and dock
- Penalty
- civil penalty not exceeding $25
- Adopted
- December 16, 2021 by L.L. No. 31-2021
- No exceptions
- no designated smoking or patio area allowed
Summary
North Hempstead prohibits smoking or vaping in every Town park, garden and dock under Town Code § 39-16.1, added in 2021. The ban is absolute, with no smoking sections carved out for patios or picnic areas, and carries its own lighter civil penalty separate from the rest of Chapter 39's park rules.
§ 39-16. Alcoholic beverages. The consumption of alcoholic beverages and the bringing in of the same to any park or Town dock is prohibited except in concession areas and picnic areas designated by the Commissioner. § 39-16.1. Smoking and vaping prohibited. [Added 12-16-2021 by L.L. No. 31-2021] No person shall smoke or vape within any park, garden, or Town dock. ... § 39-39. Penalties for offenses. ... B. Any person who shall violate § 39-16.1 shall be subject to a civil penalty not exceeding $25.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4892187; v82 updated 2026-04-21; through 04-21-2026).
Full Breakdown
Chapter 39, Regulation of Town Parks, Town Gardens and Town Docks, was amended December 16, 2021, by Local Law No. 1, 'Smoking and vaping prohibited,' immediately after the chapter's existing ban on alcoholic beverages in § 39-16. The operative text is direct: no person shall smoke or vape within any park, garden, or Town dock. 1 carries no such carve-out; the smoking and vaping ban applies uniformly across every Town park, garden and dock with no exception for outdoor patios, picnic tables or waterfront areas.
The Town Board treated the new smoking rule as distinct enough from the rest of Chapter 39 to give it its own penalty clause. 1 by name: violations of the park smoking ban are subject to a civil penalty not exceeding $25 rather than the chapter's default criminal-violation fine and jail exposure. That split mirrors the identical Article II smoking ban the Town Board adopted the same day for other Town facilities under Chapter 57, so a person smoking at a Town park faces the same $25 civil ticket as one smoking at a Town beach or Town Hall parking lot.
Violations & Fines
Smoking or vaping anywhere within a Town park, garden or dock violates § 39-16.1 regardless of whether the person is on a lawn, a picnic patio or a waterfront path. Section 39-39(B) sets the penalty at a civil fine not exceeding $25 per offense, distinct from Chapter 39's general $250/15-day criminal violation penalty that applies to other park offenses such as littering or unleashed dogs.
Frequently Asked Questions
Can I smoke on a bench in a North Hempstead park?
Is the penalty the same as other park violations?
Does the ban cover e-cigarettes?
Sources & Official References
Other rules in North Hempstead
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