Wilmington, NC Public Conduct: Outdoor Smoking Restrictions (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?
Is smoking allowed in my car if I'm parked at a city park?
Does Wilmington's smoking ban cover city sidewalks and streets?
What is the penalty for smoking in a banned city area?
Sources & Official References
Other rules in Wilmington
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