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West New York, NJ Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Building entrance buffer
Thirty-five-foot radius of all municipal building entrances
First offense fine
Not less than $250
Second offense fine
$500
Third and later offenses
$1,000 for each subsequent offense
Enforcement authority
Police Director and designees
Vapor covered
Electronic smoking devices count as smoking

Summary

In the Town of West New York, New Jersey, smoking is prohibited inside municipal buildings, within a thirty-five-foot radius of every municipal building entrance, in Town-owned or leased parks and recreation facilities marked with no-smoking signs, and in any municipal vehicle. The Police Director enforces Chapter 345, with fines of not less than $250 for a first offense.

A. Smoking shall be prohibited in all municipal buildings as defined herein. ... B. Smoking shall be prohibited within a thirty-five-foot radius of all entrances of all municipal buildings. ... C. Smoking shall be prohibited in all public parks and recreation facilities owned or leased by the Town of West New York and all property owned or leased by the Town of West New York upon which the public is invited or upon which the public is permitted and where individuals gather for recreational activities, including all areas adjacent to such facilities, including, but not limited to, any parking area, driveway or drive aisle, which have been designated with no-smoking signs. ... D. Smoking shall be prohibited in any municipal vehicle registered to the Town of West New York.

Full Breakdown

Chapter 345 of the Code of the Town of West New York was adopted by the Board of Commissioners on 6-19-2013 by Ord. No. 12/13. It replaced an older chapter that covered only Miller Stadium and certain playgrounds. The preamble cites N.J.S.A. 26:3D-63 and N.J.S.A. 2C:33-13b as the basis for local rules stricter than the state standard, and it names two goals: keeping the youth of West New York away from tobacco experimentation and cutting the cigarette litter that falls to the Department of Public Works.

Section 345-1 defines smoking as the burning of, inhaling from, exhaling the smoke from, or possession of a lighted cigar, cigarette, pipe or any other matter that can be smoked, and it adds inhaling or exhaling smoke or vapor from an electronic smoking device. Vaping is therefore covered. Municipal buildings means every structure the Town owns, leases, rents or operates, plus structures occupied by Town employees and used for official business.

The park rule reaches past the park itself. Parks and recreational facilities means public parks, playgrounds, ball fields, swimming pools and plazas that the Town owns or leases, along with other Town property where the public is invited and gathers for recreation, and the definition pulls in adjacent sidewalks, parking areas, driveways and drive aisles. Under § 345-2(C) the ban applies where the area has been designated with no-smoking signs.

Signs are part of the rule. Section 345-2(A) and (B) require no-smoking signs or the international no-smoking symbol, a burning cigarette inside a red circle with a diagonal red line, at each municipal building entrance, inside closed areas where smoking is prohibited, and at the thirty-five-foot perimeter. Every sign must be clearly visible, contrast in color, and say that violators are subject to a fine. Section 345-2(D) bans smoking in any municipal vehicle registered to the Town.

Violations & Fines

Under § 345-4, any person who violates the chapter faces a fine of not less than $250 for a first offense, $500 for a second offense and $1,000 for each subsequent offense. A municipal employee found in violation can also be disciplined under the Town's policies and procedures. Section 345-3 names the Police Director and his or her designees as the enforcement authority for Chapter 345.

Frequently Asked Questions

Does the West New York smoking ban cover vaping?
Yes. Section 345-1 defines smoking to include inhaling or exhaling smoke or vapor from an electronic smoking device, so vaping is treated like a cigarette. The ban applies in municipal buildings, within the thirty-five-foot radius of their entrances, in signed Town parks and recreation facilities, and in municipal vehicles registered to the Town.
How far from a municipal building entrance do I have to stay when smoking?
Outside a thirty-five-foot radius of all entrances of all municipal buildings, under § 345-2(B). The Town must post no-smoking signs or the international no-smoking symbol both on the building and at the thirty-five-foot perimeter, and the signs must say that violators are subject to a fine.
Do the sidewalks and parking areas next to a Town park count?
Yes. The definition of parks and recreational facilities in § 345-1 includes all areas adjacent to the facility, including sidewalks, any parking area, driveway or drive aisle. Section 345-2(C) applies the ban to those areas where the Town has designated them with no-smoking signs.
What is the fine for smoking in a West New York park?
Section 345-4 sets a fine of not less than $250 for a first offense, $500 for a second offense and $1,000 for each subsequent offense. Municipal employees can also face discipline under Town policies and procedures. The Police Director and his or her designees enforce the chapter.

Sources & Official References

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