Port Orange, FL Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- City Code § 50-34 (Ord. No. 2022-23, 2022)
- Sites always banned
- 8 named parks/facilities citywide
- Sites banned during youth games
- 5 named athletic complexes
- Youth activity window
- 15 minutes before/after, under age 17
- Exception
- Unfiltered cigars not covered
- Max fine (general penalty)
- $500.00 under § 1-8
Summary
Port Orange bans smoking and vaping at eight named parks and facilities citywide, and separately bans it at five youth athletic complexes during youth games, under City Code Section 50-34, though the ban does not reach unfiltered cigars.
(b)It shall be unlawful for any person to possess any ignited tobacco product, to consume by smoking any tobacco product, or to vape on any portion of the public property in the city described as follows:(1)Kenneth W. Parker Amphitheater—City Center Circle.(2)Spruce Creek Road Park, including All Children's Park, pavilion and picnic facilities.(3)Airport Road Park.(4)City of Port Orange Skate Park.(5)Port Orange REC, and all property and parking facilities within 300 feet.(6)Riverwalk Park splash pad, playground and concession areas.(7)Bushman Park Playground.(8)Volusia County Recreational Facilities. ... (d)The prohibitions listed in subsection (b) and (c) above shall not apply to unfiltered cigars.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 43 | Land Development Code: Supplement 38).
Full Breakdown
Section 50-34 of the Port Orange Code, adopted by Ordinance No. 2022-23 on September 20, 2022, prohibits possessing an ignited tobacco product, smoking any tobacco product, or vaping anywhere on the public property of eight specifically listed sites: the Kenneth W. Parker Amphitheater at City Center Circle, Spruce Creek Road Park (including All Children's Park, its pavilion and picnic facilities), Airport Road Park, the City of Port Orange Skate Park, Port Orange REC and all property and parking facilities within 300 feet of it, the Riverwalk Park splash pad, playground and concession areas, Bushman Park Playground, and Volusia County Recreational Facilities located in the city.
A second, broader ban applies specifically during youth athletic activity, defined as any event, game or activity with participants under 17 years old, running 15 minutes before and after, at five additional complexes: City Center Sports Complex, Southwinds Soccer Complex, Willow Run Park Facilities, Spruce Creek Road Park Fields and Courts, and Coraci Sports Park. The ordinance's definitions section reaches beyond cigarettes to cover cigars, pipe tobacco and any other lighted tobacco product, and defines vaping to include possessing an activated vapor-generating electronic device for nicotine or any other substance.
Subsection (d) carves out one exception: the prohibitions in subsections (b) and (c) do not apply to unfiltered cigars. The city manager or a designee is authorized under subsection (e) to post signs at the covered parks and athletic sites. This provision replaced a 2004 smoking ordinance (former Section 50-40, repealed in 2016) and was re-codified as Section 50-34 rather than the originally drafted Section 50-40 to preserve consecutive numbering. 00 in fines, up to 60 days imprisonment, or both, with continuing violations counted per day.
Violations & Fines
Possessing an ignited tobacco product, smoking, or vaping at any of the eight parks named in Section 50-34(b), or at the five youth athletic complexes during a covered youth activity under subsection (c), is unlawful and, absent a specific penalty in the section, is punished under the Code's general penalty, Section 1-8: a fine up to $500.00, imprisonment up to 60 days, or both, plus mandatory state court-cost assessments, with each day of continued violation a separate offense. Unfiltered cigars are exempt from the ban under subsection (d).
Frequently Asked Questions
Where can't you smoke or vape in Port Orange parks?
Is smoking banned during youth sports in Port Orange?
Are cigars allowed under Port Orange's park smoking ban?
Sources & Official References
Other rules in Port Orange
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Outdoor Smoking Restrictions in Nearby Cities
How other cities in Volusia County handle outdoor smoking restrictions.