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Warwick, RI Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Buffer zone
20 feet from any city beach
First conviction fine
$150 to $300, mandatory
Second conviction fine
$300 to $400, mandatory
Third+ conviction fine
$400 to $500, mandatory
Alternate penalty
8+ hours beach litter pickup
Adopted
Ord. No. O-16-15, July 9, 2016

Summary

Warwick bans smoking or discarding tobacco waste on, or within 20 feet of, any public beach under city jurisdiction. Sec. 40-56 requires warning signs at beach entrances and sets mandatory misdemeanor fines starting at $150 for a first conviction and rising to $500 for a third or later offense, with a community-service alternative for hardship cases.

(a) No person shall smoke a cigarette, cigar, or other tobacco-related product on, or within 20 feet of any beach under the jurisdiction of the city. Signs giving notice of the prohibition and stating that police will take notice shall be posted along the beach and in the areas of approach to the beach. ... (c) Every person convicted of a violation of subsection (a) or (b) of this section shall be guilty of a misdemeanor and subject to a mandatory fine of not less than $150.00 nor more than $300.00 upon a first conviction; by a mandatory fine of not less than $300.00 nor more than $400.00 upon a second conviction; and by a mandatory fine of not less than $400.00 nor more than $500.00 upon a third or subsequent conviction.

Full Breakdown

Chapter 40's beach article opens with legislative findings (Sec. 40-54) citing EPA and CDC research on secondhand smoke and calling discarded cigarette butts the top pollutant on beaches, then defines smoking in Sec. 40-55 as inhaling, exhaling, or burning tobacco, or carrying lit smoking equipment. The operative rule, Sec. 40-56(a), bars smoking a cigarette, cigar, or other tobacco-related product on or within 20 feet of any beach under city jurisdiction, and requires the city to post signs along the beach and its approaches warning that police will take notice.

Subsection (b) applies the same 20-foot buffer to disposing of cigarette butts, cigar butts, or other tobacco waste. Subsection (c) makes any violation of either rule a misdemeanor carrying mandatory fines: not less than $150 nor more than $300 for a first conviction, $300 to $400 for a second, and $400 to $500 for a third or subsequent conviction. Subsection (d) lets a court add, as a condition of probation for a littering violation, a requirement to pick up litter on or within 20 feet of any city beach for at least eight hours, and subsection (e) allows a judge to substitute public community restitution on a city beach for the fine if paying it would be a hardship.

The article was adopted in full by Ord. No. O-16-15 on July 9, 2016, and Sec. 40-57 makes it control over any conflicting city ordinance.

Violations & Fines

A first conviction under Sec. 40-56 carries a mandatory fine of $150 to $300, a second carries $300 to $400, and a third or subsequent conviction carries $400 to $500, all classified as misdemeanors. Courts may add at least eight hours of beach litter pickup as a probation condition for the litter-disposal violation, or substitute community restitution on a city beach if the fine would be a financial hardship.

Frequently Asked Questions

How close to a Warwick beach can I smoke?
You can't smoke on the beach itself or within 20 feet of it. Sec. 40-56(a) sets that 20-foot buffer for cigarettes, cigars and other tobacco-related products, and the city is required to post warning signs along the beach and its approach areas.
What's the fine for smoking on a Warwick beach?
It's a mandatory misdemeanor fine of $150 to $300 for a first conviction under Sec. 40-56(c), rising to $300 to $400 for a second conviction and $400 to $500 for a third or subsequent conviction.
Does flicking a cigarette butt on the sand count as a separate violation?
Yes. Sec. 40-56(b) separately bans disposing of cigarette butts, cigar butts, or tobacco waste on or within 20 feet of a city beach, and a court can order at least eight hours of litter pickup on the beach as a probation condition for that violation.

Sources & Official References

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