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Rochester Hills, MI Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Location
Thelma G. Spencer Park (Sec. 74-113)
Also covered
City green spaces citywide (Sec. 74-267)
Includes
E-cigarettes, per Sec. 70-401 definition
Adopted
Ordinance No. 601, April 9, 2018
Penalty
Up to 90 days jail and/or $500 fine

Summary

Rochester Hills prohibits smoking outright at Thelma G. Spencer Park under section 74-113, defining smoking broadly to include lit cigarettes, cigars, pipes, hookahs and any other lighted tobacco product, plus e-cigarettes as defined in section 70-401. The same Code separately bans smoking citywide in designated green spaces under section 74-267.

(a)Prohibition. Smoking is prohibited in Thelma G. Spencer Park.(b)Smoking defined. "Smoking" means the burning, inhaling, exhaling, or carrying of any lighted bidi, bong, cigar, cigarette, cigarillo, hookah, kretek, plant, pipe, weed, or other lighted tobacco product or device. For purposes of this section, "smoking" shall also include the use of an e-cigarette, as defined in city Code section 70-401.

Full Breakdown

Adopted by Ordinance No. 601 in April 2018, section 74-113 of the parks and recreation chapter singles out Thelma G. Spencer Park for a flat smoking prohibition, unlike the rest of the city's park system, where chapter 74 does not impose a park-wide smoking ban. The section defines 'smoking' expansively as the burning, inhaling, exhaling, or carrying of any lighted bidi, bong, cigar, cigarette, cigarillo, hookah, kretek, plant, pipe, weed, or other lighted tobacco product or device, and it expressly folds in e-cigarettes by cross-referencing the definition in section 70-401.

Because the definition covers 'carrying' a lit product, not just actively smoking it, a lit cigarette merely being held while walking through the park falls within the ban. Rochester Hills extended a similar prohibition to its green space system under section 74-267 ('Smoking is prohibited in green spaces'), adopted by Ordinance No. 613 in October 2019, so both the named park and the green space network are off-limits to smoking, even though the general park chapter's littering and disorderly-conduct provisions (sections 74-98 and 74-103) remain the only citywide backstop against loose cigarette litter elsewhere.

Enforcement runs through the park officials and enforcement structure at section 1-14, and because neither 74-113 nor 74-267 designates its violation a municipal civil infraction, the Code's default penalty in section 1-16 governs.

Violations & Fines

Smoking, including with an e-cigarette, at Thelma G. Spencer Park or in a designated city green space is a misdemeanor under the Code's general penalty, section 1-16: up to 90 days in jail, a $500.00 fine, or both, and each day of continued violation is charged separately.

Frequently Asked Questions

Can I smoke a cigarette while walking through Spencer Park?
No. Section 74-113 bans smoking, defined to include carrying a lit cigarette, cigar, pipe, hookah, or similar product, anywhere in Thelma G. Spencer Park. The definition also covers e-cigarettes as defined in section 70-401, so vaping is equally prohibited there.
Is smoking banned in other Rochester Hills parks too?
Section 74-113's flat ban names only Thelma G. Spencer Park. The Code separately bans smoking in the city's designated green spaces under section 74-267, but chapter 74 does not impose a park-wide smoking ban across every city park.
What is the penalty for smoking where it's banned?
Because neither section 74-113 nor 74-267 labels the violation a civil infraction, the Code's general penalty in section 1-16 applies: a misdemeanor punishable by up to 90 days in jail, a $500.00 fine, or both.

Sources & Official References

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