Smithtown, NY Public Conduct: Outdoor Smoking Restrictions (2026)

Section 101-1, titled 'Use restricted,' governs who may use Smithtown's parks, beaches, playgrounds and facilities and sets basic access rules alongside the smoking ban. Subsection C, added 8-14-2012 and amended 2-4-2020 by Local Law No. 5-2020, states that no person shall use an electronic cigarette or vape, or smoke or possess a lighted cigarette, cigar, pipe or other smoking instrument, in any Town park, beach, playground or facility, or within 50 feet of any Town building. The 50-foot buffer around Town buildings extends the restriction beyond park boundaries to cover entrances, doorways and adjacent walkways at Town Hall annexes and park administration buildings.

The prohibition covers possession of a lit smoking instrument, not merely active use, so carrying a burning cigarette while walking through a covered area is enough to violate the section. The rule sits inside the same chapter that regulates park conduct generally, including alcohol, fireworks, firearms and noise, and is enforced by the Department of Public Safety and Town Parks Maintenance Director's staff who patrol Town recreation property. Because the ban is keyed to park, beach, playground, facility and building-adjacent locations, it does not reach Smithtown's public streets, sidewalks or private outdoor dining patios outside those specific properties.