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New Hanover County, NC Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing article
Code of Ordinances §§ 32-31 through 32-39
Outdoor areas covered
Parks, playgrounds, athletic fields, trails
Bus stop buffer
100-foot radius from the sign
Individual violation fine
$50.00 infraction
Operator penalty
Up to $200.00 after 3rd violation/year
Effective enforcement date
February 1, 2021
Jurisdictions joined
County plus Wilmington, Carolina Beach, Kure Beach, Wrightsville Beach

Summary

A joint ordinance among New Hanover County, Wilmington, Carolina Beach, Kure Beach and Wrightsville Beach bans smoking and e-cigarette use on all government grounds, including parks, playgrounds, athletic fields, trails and bus stops within a 100-foot radius, under Code of Ordinances Sec. 32-33. An individual violation is a $50.00 infraction.

City-specific rules exist: Wilmington has its own outdoor smoking restrictions rules that differ from New Hanover County's county-level regulations. If you live in Wilmington, check the city-specific page instead.

Sec. 32-33. - Areas in which smoking and e-cigarette use is prohibited. (a)Smoking and e-cigarette use is prohibited in all of the following:(1)In any county, city, and town buildings.(2)In any county, city, and town vehicles.(3)On any county, city, and town grounds, except where expressly permitted by the county, city, or town within designated areas.(4)All other county, city, and town property including, but not limited to:a.County, city, and town parks systems including playgrounds and athletic fields and trails;b.Bus stops on county, city, or town grounds; andc.Public transportation.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 15 Update 1).

Full Breakdown

Sec. 32-33 prohibits smoking and e-cigarette use in county, city and town buildings and vehicles, and on any county, city or town grounds except where the government expressly permits it in a designated area. That outdoor ban explicitly extends to county, city and town parks systems, playgrounds, athletic fields and trails, to bus stops on government grounds, and to public transportation. Sec. 32-32 defines a bus stop broadly, covering the stop sign and shelter and extending 100 feet around the sign, while excluding any private property that happens to fall within that radius.

The same section also bans smoking and e-cigarette use in enclosed public places such as restaurants, bars, retail stores, theaters, galleries and shopping malls, subject to the exceptions in Sec. 32-34, which carve out private residences and vehicles, private clubs, cigar bars and smoking shops meeting revenue thresholds, and up to 20 percent of a lodging establishment's guest rooms designated for smoking. Sec. 32-36 requires signs posted in English and Spanish at building entrances and outdoor locations reasonably calculated to inform the public, at least 24 square inches in size with 16-point lettering where a private operator posts them.

The ordinance took full effect February 1, 2021, after an implementation period limited to signage, ashtray removal and education under Sec. 32-35 and Sec. 32-39.

Violations & Fines

Sec. 32-37 makes an individual's violation an infraction punishable by a $50.00 fine, issuable by a sworn law enforcement officer, though an oral warning may be given first. County, city or town employees who violate the article also face discipline under their employer's personnel policies. A public place operator who fails to comply gets written notice for a first and second violation within a year, then faces an administrative penalty of up to $200.00 for a third or later violation in that year, with each day of continuing violation a separate offense; e-cigarette violations can also draw injunctive relief or a misdemeanor charge under state law.

Frequently Asked Questions

Can I smoke in a New Hanover County park?
No. Sec. 32-33(a)(4) specifically bans smoking and e-cigarette use in the county, city and town parks systems, including playgrounds, athletic fields and trails, as part of the broader ban on all government grounds joined by the county, Wilmington, and the three beach towns.
Does the New Hanover County outdoor smoking ban include vaping?
Yes. Sec. 32-32 defines an electronic cigarette broadly and Sec. 32-33 bans smoking and e-cigarette use together everywhere the article applies, from government buildings and vehicles to parks, trails and bus stops within 100 feet of the stop sign.
Are hotels in New Hanover County allowed to have smoking rooms?
A lodging establishment can designate smoking or e-cigarette guest rooms under the Sec. 32-34 exception, but no more than 20 percent of its total guest rooms may be designated that way, and the exception does not extend to any of the property's other enclosed public areas.
What is the fine for smoking in a prohibited outdoor area in New Hanover County?
Sec. 32-37 sets a $50.00 infraction fine for an individual caught smoking or vaping in a prohibited area, issuable by a sworn law enforcement officer after an oral warning, while an operator who lets violations continue at a public place faces escalating notices and up to a $200.00 penalty.

Sources & Official References

Other rules in New Hanover County

All New Hanover County rules

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