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Winter Haven, FL Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Governing section
§ 15-290, Ord. No. O-25-13 (3-24-25)
Covered areas
City-owned/leased parks and beaches, citywide
Exception
Unfiltered cigars excluded from 'smoking' definition
Required signage
'No Smoking or Vaping' sign at each entrance
Enforcement
Reminder, then removal by City Manager/designee

Summary

Winter Haven bans smoking and vaping in every city-owned or leased park and beach inside municipal limits. City Code § 15-290 defines smoking broadly to include lit or heated tobacco and vapor devices, exempts unfiltered cigars, and requires posted "No Smoking or Vaping" signs at each entrance and gathering spot.

(1)Smoking means inhaling, exhaling, burning, carrying, or possessing any lighted or heated tobacco product, including cigarettes, filtered cigars, pipe tobacco, and any other lighted or heated tobacco product whether natural or synthetic. For the purposes of this Section only, smoking does not include the use of unfiltered cigars (pursuant to Section 386.209 of the Florida Statutes). ... (b)Prohibited Acts. Except for the smoking of unfiltered cigars, smoking or vaping within public parks and public beaches owned and/or leased by the City and within the City of Winter Haven, Florida municipal limits is prohibited. ... Individuals acting in violation of this section will be reminded and asked to comply by the City Manager or his/her designee. Individuals who violate this section may be asked to leave the public park and/or public beach.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 108).

Full Breakdown

Winter Haven Code of Ordinances § 15-290, adopted by Ord. No. O-25-13 on March 24, 2025, prohibits smoking or vaping within any public park or public beach the city owns or leases inside the municipal limits of Winter Haven, Florida. The ban covers "inhaling, exhaling, burning, carrying, or possessing any lighted or heated tobacco product," including cigarettes, filtered cigars and pipe tobacco, and separately covers vaping and any "vapor-generating electronic device," whether or not the substance being vaporized contains nicotine. 209, though the section is careful to say that exception never overrides any other law that already bans unfiltered cigars in a given spot.

The City Manager or a designee must post at least one clear "No Smoking or Vaping" sign at every point of ingress to a covered park or beach, plus another sign at gathering points such as restrooms, playgrounds or buildings within each recreational area, but the ordinance also says the absence of a sign is not a defense to a violation. The section's definition of "tobacco product" reaches past cigarettes to cigars, snuff, snus, and any component such as filters, rolling papers, blunt or hemp wraps, hookahs and pipes, and it separately defines "tobacco product waste," meaning discarded butts, wrappers and used vaping cartridges left on park grounds.

Violations & Fines

Anyone caught smoking or vaping in a covered park or beach is first reminded and asked to comply by the City Manager or a designee under section 15-290(d); noncompliance can get the person asked to leave. The section sets no dollar fine of its own, so a refusal to comply or leave falls back on Winter Haven Code section 1-13's general penalty, up to $500, with each day counted separately.

Frequently Asked Questions

Is vaping banned along with smoking in Winter Haven parks?
Yes. Section 15-290 defines 'vaping' as inhaling or exhaling vapor from a vapor-generating electronic device, or simply possessing one while it is actively producing vapor, and bans it in every city-owned or leased park and beach inside Winter Haven right alongside traditional tobacco smoking; only unfiltered cigars are carved out of the ban.
Can I smoke an unfiltered cigar at a Winter Haven park?
The ordinance's definition of 'smoking' excludes unfiltered cigars, tracking a Florida Statutes exemption, but § 15-290(b) is explicit that this does not authorize unfiltered-cigar smoking where some other law already forbids it, so check whether another rule covering that beach or park applies before lighting one.
What happens if there's no 'No Smoking' sign posted where I'm smoking?
It does not matter. Section 15-290(c) requires the City Manager to post signage at each park or beach entrance and gathering area, but the same subsection states plainly that a missing or absent sign is not a defense to being cited for smoking or vaping in violation of the section.

Sources & Official References

Other rules in Winter Haven

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