Skip to main content
CityRuleLookup

Wilmington, NC Public Conduct: Outdoor Smoking Restrictions (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 2026

Key Facts

Code section
Wilmington City Code § 6-9
Covers
Buildings, grounds, parks, city vehicles
Parks include
Trails, golf courses, playgrounds
Exception
Inside a private vehicle on city land
Default penalty
Up to $500 civil penalty (§ 6-1)

Summary

Wilmington City Code § 6-9 bans smoking on any city building, ground, park or vehicle, covering outdoor spaces like park trails, greenways and golf courses, not just indoor offices. Smoking stays legal inside a private vehicle parked on city grounds or in a park.

(b) It shall be unlawful for any person to smoke while on or in any city building, ground, park, or vehicle.(c) Smoking is not unlawful within the confines of private vehicles on city grounds or parks.

Full Breakdown

Section 6-9 defines "smoking" as using or possessing a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product, and it reaches four categories of city property: city buildings (offices, restrooms, indoor walkways, stairwells, entrances, break rooms, lobbies and work areas owned, leased or occupied by the city), city grounds (any unenclosed area the city owns, leases or occupies), city parks (any tract of land or body of water that is part of the city's parks, trails, paths, walks, lakes, golf courses, swimming pools, playgrounds, recreational areas and greenways), and city vehicles (passenger-carrying vehicles the city owns, leases or controls and assigns to employees, agencies or facilities for official business).

Subsection (b) makes it unlawful for any person to smoke while on or in any of those four categories. The ordinance carves out one exception in subsection (c): smoking is not unlawful inside the confines of a private vehicle while that vehicle is on city grounds or in a city park, so a driver parked at a city lot or park lot may smoke inside the car itself. The section's title was amended by Ordinance No. O-2018-48 in 2018 from "Smoking prohibited in municipal buildings and vehicles" to its current, broader title covering grounds and parks, reflecting the expansion of the ban beyond indoor spaces and city fleet vehicles to outdoor city-owned land generally.

Violations & Fines

Section 6-9 itself sets no unique fine, so a violation defaults to the chapter-wide penalty in § 6-1: a civil penalty not to exceed $500, with a $25 civil penalty applying unless another amount is specified, and each day a violation continues after notice of it constitutes a separate offense. The city may pursue any combination of its remedies, including equitable action, to enforce the ban.

Frequently Asked Questions

Can I smoke in a Wilmington city park?
No. Section 6-9(b) makes it unlawful to smoke while on or in any city park, and the ordinance defines "city park" broadly to include trails, paths, lakes, golf courses, swimming pools, playgrounds and greenways owned or operated by the city.
Is smoking allowed in my car if I'm parked at a city park?
Yes, with a limit. Section 6-9(c) says smoking is not unlawful within the confines of a private vehicle on city grounds or in a park, so you can smoke inside your own parked car, just not once you step outside it.
Does Wilmington's smoking ban cover city sidewalks and streets?
It covers unenclosed areas the city owns, leases or occupies, which § 6-9 calls "city grounds," plus city buildings, parks and vehicles. It does not extend to purely private property or state-owned rights-of-way outside city control.
What is the penalty for smoking in a banned city area?
Section 6-9 sets no special fine, so the chapter's general penalty in § 6-1 applies: a civil penalty up to $500, defaulting to $25 unless stated otherwise, with each continuing day of violation after notice treated as a separate offense.

Sources & Official References

Other rules in Wilmington

All Wilmington rules

Compare Wilmington to another location·View the North Carolina public conduct overview

Get notified when Outdoor Smoking Restrictions in Wilmington, NC changes

We'll email you the moment we detect a change in the code. No spam, unsubscribe anytime.

We'll never sell or share your email. One-click unsubscribe in every email.

See something wrong?

Help us keep this page accurate. If you notice an error or outdated information, let us know.