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Oyster Bay, NY Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
Town Code § 168-22.1
Adopted
December 17, 2002 (L.L. No. 12-2002)
Covers
Cigarettes, cigars, pipes and similar
Exception
Posted designated smoking areas only
First offense penalty
Up to $250 fine or 5 days
Applies to
Town parks, beaches, Park Districts

Summary

Town Code § 168-22.1 bans smoking and carrying lit cigarettes, cigars or pipes at every public beach and park the Town of Oyster Bay or its Park Districts own or operate. Added in 2002, the rule carves out only areas the Town has posted with signs marking them as designated smoking areas.

No person shall smoke or carry lighted cigarettes or other smoking substances, including but not limited to cigars, pipes and the like, at the public beaches and parks owned or operated by the Town of Oyster Bay or any of the Town of Oyster Bay Park Districts, except in designated smoking areas as indicated by posted signs.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4036544; v24 updated 2023-03-07; through 03-07-2023).

Full Breakdown

1, added December 17, 2002 by Local Law No. 12-2002, prohibits smoking or carrying lighted cigarettes 'or other smoking substances, including but not limited to cigars, pipes and the like' at public beaches and parks the Town of Oyster Bay owns or operates, and extends the ban to facilities run by any of the Town's Park Districts. The only lawful place to light up is a spot the Town has marked with posted signage as a designated smoking area; absent that signage, smoking anywhere on Town park or beach property, including parking lots, playgrounds, ballfields and boardwalks, is a violation.

The section sits in Chapter 168, Article I, General Provisions, immediately after the alcohol restriction at § 168-22 and before the vehicle-operation rules at § 168-23, one of a set of park-conduct prohibitions rather than a standalone health ordinance. Because it is a Town Code section, it binds only Town-operated parks and beaches outside the roughly twenty incorporated villages inside Oyster Bay's borders; a village-run beach answers to that village's own code, not this one. 1, the chapter's general penalty section, amended by Local Law No.

4-2023. A first violation is punishable by a fine of up to $250, up to five days' imprisonment, or both. A second or later offense within five years of a prior conviction increases the minimum fine to $250, with up to fifteen days in jail. The Town's Bureau of Administrative Adjudication may instead levy a monetary penalty within that same statutory range without a criminal proceeding.

Violations & Fines

Smoking outside a posted designated area on Town park or beach property is punishable under § 168-27.1: a first offense draws a fine up to $250, up to five days in jail, or both; a repeat offense within five years carries a minimum $250 fine and up to fifteen days' imprisonment. The Bureau of Administrative Adjudication can impose the penalty administratively.

Frequently Asked Questions

Can I smoke on an Oyster Bay Town beach?
Only within an area the Town has posted with signs designating it a smoking area. Town Code § 168-22.1 otherwise bans smoking or carrying lit cigarettes, cigars or pipes at every beach and park the Town of Oyster Bay or its Park Districts operate.
What's the penalty for smoking in a banned park area?
A first violation under § 168-27.1 is punishable by a fine of up to $250, up to five days in jail, or both. A second offense within five years of a prior conviction raises the fine to at least $250 with up to fifteen days' imprisonment, and the Bureau of Administrative Adjudication can impose the fine administratively.
Does this smoking ban apply to village-run parks inside Oyster Bay?
No. Section 168-22.1 is Town of Oyster Bay code and binds only Town-operated parks and beaches, plus its own Park Districts. The town contains roughly twenty incorporated villages, including Bayville and Oyster Bay Cove, that run separate governments with separate codes, so a village park answers to that village's own smoking rule, not this section.

Sources & Official References

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