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Portsmouth, VA Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
Code of Ordinances Sec. 25-111
Scope
Posted no-smoking areas within city parks
Fire-hazard authority
Director may forbid smoking parkwide
Default penalty
Sec. 25-88, Class 1 misdemeanor
Related section
Sec. 25-110, fires and lighted cigarettes

Summary

Portsmouth's parks code, Sec. 25-111, bars smoking anywhere in a city park where the parks director has posted a no-smoking designation, and lets the director close smoking anywhere in a park outright when fire-hazard conditions make it advisable. It's a discretionary, sign-posted rule rather than a blanket outdoor ban.

No person shall smoke in any structure or place in any park where smoking is prohibited. Smoking may be forbidden by the director or his authorized agent in any part of any park when it is deemed the fire hazard makes such action advisable.

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 65).

Full Breakdown

Sec. 25-111, titled simply "Smoking," sits in Chapter 25's parks-and-recreation regulations and states that no person shall smoke in any structure or place in any park where smoking is prohibited, and that smoking may be forbidden by the parks director or an authorized agent in any part of any park when fire hazard conditions make that advisable. The rule is discretionary and location-specific: it does not itself outlaw smoking across every acre of every Portsmouth park, but empowers the director to post no-smoking areas or, during dry or high-risk conditions, close smoking anywhere in the park system.

It sits immediately after Sec. ," which separately requires any lighted match, cigarette, or cigar be fully extinguished before being discarded in a park and bars unattended fires outside designated areas, showing the two sections work together as a fire-safety regime for parkland. Article III violations of Chapter 25 default to a Class 1 misdemeanor under Sec. 25-88 unless a specific penalty is stated elsewhere in the article, and Sec. 25-111 does not carry its own penalty clause, so that general Article III default applies.

This differs from Portsmouth's separate indoor Regulation of Smoking article (Sec. ), which bans smoking in enclosed public buildings, health facilities, and restaurants but does not reach outdoor park space; Sec. 25-111 is the operative rule for outdoor park smoking specifically.

Violations & Fines

A violation of Sec. 25-111 falls under the Article III default penalty in Sec. 25-88: a Class 1 misdemeanor, punishable by a fine of up to $2,500.00, confinement in jail for up to 12 months, or both, per Sec. 1-11(a)(1), since Sec. 25-111 sets no separate penalty of its own.

Frequently Asked Questions

Is smoking banned everywhere in Portsmouth's city parks?
Not automatically. Sec. 25-111 prohibits smoking only in structures or places where the parks director has designated smoking as prohibited, though the director can also forbid smoking anywhere in a park when fire-hazard conditions warrant it.
Who enforces the park smoking rule in Portsmouth?
The director of parks, recreation and general services or an authorized agent sets and posts the no-smoking designations under Sec. 25-111, and violations are enforced under Chapter 25's general Article III misdemeanor penalty in Sec. 25-88.
What is the penalty for smoking in a posted no-smoking park area?
Because Sec. 25-111 has no penalty clause of its own, the Article III default in Sec. 25-88 applies: a Class 1 misdemeanor carrying up to $2,500.00 in fines and up to 12 months in jail under Sec. 1-11(a)(1).

Sources & Official References

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