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Southampton Village, NY Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Downs Family Park
Smoking banned throughout the park
Windward Way Park
Smoking banned throughout the park
Agawam Park
Banned within 50 feet of playground equipment
Cooper's Neck Beach
Banned within 50 feet of concession building during bathing hours
Maximum penalty
$2,000 fine, 15 days in jail, or both
Adopted
L.L. No. 1-2010, added April 8, 2010

Summary

In the Village of Southampton, no one may smoke a cigarette, pipe, cigar or similar substance at Downs Family Park or Windward Way Park. At Agawam Park the ban reaches 50 feet around playground equipment, and at Cooper's Neck Beach it covers 50 feet around the concession building while the municipal bathing facility operates.

A. No person shall smoke a cigarette, pipe, cigar or similar smoking substance at or on any of the following public parks: (1) Downs Family Park. (2) Windward Way Park. B. No person shall smoke a cigarette, pipe, cigar or similar smoking substance at or on Agawam Park within 50 feet of any playground apparatus or equipment located in Agawam Park. C. No person shall smoke a cigarette, pipe, cigar or similar smoking substance at or on Cooper's Neck Beach (including the ocean beach and the property used in connection therewith for the municipal bathing facility) within 50 feet of the concession building and related improvements (deck areas, shower areas, ramps) located on Cooper's Neck Beach during the hours of operation of the municipal bathing facility.

Full Breakdown

Section 82-3.1 of the Southampton Village Code, added by Local Law No. 1-2010 on April 8, 2010, is a site-by-site smoking ban rather than a blanket rule for every public place. The Board of Trustees wrote it in three parts.

Subsection A bans smoking outright at two named parks, Downs Family Park and Windward Way Park. It sets no distance limit and no time limit, so the whole of each park is covered. Subsection B is narrower: at Agawam Park the ban applies only within 50 feet of any playground apparatus or equipment located in the park, and a smoker elsewhere in Agawam Park is outside the section. Subsection C covers Cooper's Neck Beach, including the ocean beach and the property used in connection with the municipal bathing facility. There the ban reaches 50 feet from the concession building and its related improvements, which the code lists as deck areas, shower areas and ramps, and it applies only during the hours of operation of the municipal bathing facility.

The section does not name Village streets, sidewalks, the Village Business District or the rest of the ocean beach, so smoking at those places does not violate § 82-3.1. Smoking is also addressed in Chapter 58, Fire Prevention, Article II, where it is prohibited to remove a legally required "no smoking" sign or to smoke in any place where such signs are posted, and the signs read "by order of the Fire Marshal."

Section 82-3.1 sits in Chapter 82, Peace and Good Order, Article I. Section 82-11 sends every violation of that article to the penalties in Article II of Chapter 1 of the Village Code.

Violations & Fines

A conviction under § 82-3.1 is a violation under the New York Penal Law. Section 1-17 of the Village Code sets the punishment at a fine not exceeding $2,000 or imprisonment for a term not exceeding 15 days, or both, and the court can also direct community service. Where a violation is continuous, each day it continues is a separate offense.

Frequently Asked Questions

Can I smoke on the ocean beach in the Village of Southampton?
Section 82-3.1 bans smoking at Cooper's Neck Beach only within 50 feet of the concession building and its deck, shower and ramp areas, and only during the hours of operation of the municipal bathing facility. The section names no other stretch of ocean beach, so elsewhere on the sand it does not apply.
Is all of Agawam Park smoke-free?
No. Subsection B bans smoking at Agawam Park only within 50 feet of any playground apparatus or equipment located in the park. Downs Family Park and Windward Way Park are different: subsection A bans smoking at those two parks with no distance or hours limit at all.
What is the penalty for smoking where it is banned?
Section 82-11 routes violations to Article II of Chapter 1, where § 1-17 sets a fine not exceeding $2,000, imprisonment not exceeding 15 days, or both, plus community service in the court's discretion. Each day of a continuing violation counts as a separate offense.

Sources & Official References

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