Can You Smoke Cigars on the Beach Under State and City Law

You can smoke a cigar on some public beaches, but California, Hawaii and New Jersey ban smoking in their state parks and state beaches. On federal park beaches such as national seashores, a park superintendent can close areas to smoking. Authority over other beaches is divided among municipal councils, county commissions and state conservation departments.

The legal status of cigars specifically depends on how each local law defines smoking. California's state-beach law and Hawaii's state park rules cover cigars along with cigarettes and e-cigarettes. In Florida, however, the state legislature passed a law that specifically distinguishes unfiltered cigars from other lighted tobacco products. As a result, Florida city and county beach bans cannot reach unfiltered cigars.

Find out who manages the beach first. A municipal bathing beach maintained by a town recreation department operates under town municipal code. A state preserve or national seashore follows state or federal administrative regulations.

Florida governs beach smoking through a statutory structure that protects unfiltered cigars from local municipal bans. Florida law generally preempts the regulation of smoking to the state level, but Fla. Stat. 386.209 lets counties and cities restrict smoking on the beaches and parks they own.

The same statute says local governments "may not further restrict the smoking of unfiltered cigars." A Florida city can also restrict smoking on county-owned beaches inside its limits, unless that conflicts with a county ordinance. The unfiltered-cigar limit applies there too. The statute leaves local governments free to regulate vapor-generating devices more strictly.

Multiple Florida municipalities and counties have enacted local bans that incorporate this state-level carve-out:

• The City of Miami Beach bans cigarette smoking and other tobacco products on its public beaches and parks under Ordinance 2022-4509. Violations carry fines of $100 to $500 or up to 60 days in jail. The draft ordinance presented to the City Commission would create City Code Sec. 82-9, defining smoking "with the exception of unfiltered cigars." The city's own page does not restate that exception, but Fla. Stat. 386.209 bars the city from restricting unfiltered cigars either way.
• The Miami-Dade Board of County Commissioners adopted an ordinance on June 21, 2023 that bans smoking on county-owned public beaches and parks, except for unfiltered cigars. It covers Haulover Park beach, Crandon Park beach, the Rickenbacker Causeway beaches, and the atoll pools at Matheson Hammock and Homestead Bayfront parks. It also covers the beaches at Larry and Penny Thompson Park and Amelia Earhart Park. The ordinance proposed civil fines of up to $100 for a first offense, $200 for a second offense, and $300 for subsequent offenses.
• Clearwater's Ordinance 9680-23 created City Code Sec. 22.32, which bans electronic cigarettes and lighted tobacco products "with the exception of unfiltered cigars" on city-owned or controlled public beaches. The rule defines public beaches as Gulf-front bathing beaches and Sand Key Public Beach, classifying violations as class IV civil infractions. The Clearwater Legistar File 9680-23 lists final action on June 8, 2023 as passed, though the same record describes that action as a first reading. Clearwater's posted park and facility rules say "Smoking is not allowed." The ordinance text keeps the unfiltered-cigar exception, and Fla. Stat. 386.209 bars the city from restricting unfiltered cigars.
• Sarasota County park and facility rules ban smoking in all county-owned parks and beaches, "with exception of unfiltered cigars." The rules cite Chapter 90, Article II of the County Code. This county exception applies to Siesta Beach, which is designated as a Sarasota County destination park.

One statutory gap remains in Florida's legislation: the text of Fla. Stat. 386.209 does not define the phrase "unfiltered cigar." The statute does not state whether a cigar with a plastic or wooden tip counts as filtered. If your cigar has a plastic or wooden tip, follow the beach's posted no-smoking rule, since the statute gives it no clear protection.

Most Florida local bans in this table exempt unfiltered cigars, while the California, Hawaii and New Jersey rules cover cigars.

Beach or Jurisdiction	Smoking Allowed?	Are Cigars Covered by the Rule?	Official Source and Citation
Florida (County and City Beaches)	Varies locally; cities may ban smoking	Unfiltered cigars cannot be banned by local governments	Fla. Stat. 386.209
Miami Beach, Florida	Prohibited on public beaches	Draft text excepts unfiltered cigars; state law bars restricting them	Miami Beach draft ordinance (Sec. 82-9)
Miami-Dade County Beaches, Florida	Prohibited on county beaches	Unfiltered cigars are excepted from the smoking ban	Miami-Dade County Item 230557
Clearwater Beach, Florida	Prohibited on public bathing beaches	Unfiltered cigars are excepted from the smoking ban	Clearwater Ordinance 9680-23
Siesta Beach (Sarasota County), Florida	Prohibited on county beaches	Unfiltered cigars are excepted from the smoking ban	Sarasota County Code Ch. 90
California State Beaches	Prohibited on sand and natural areas	Yes; lighted cigars are prohibited by statute	Cal. Pub. Res. Code 5008.10
Hawaii State Parks and Beaches	Prohibited across all state park beaches	Yes; all tobacco products and e-cigarettes are banned	Hawaii Department of Land and Natural Resources (DLNR) Division of State Parks
Oahu (Honolulu County), Hawaii	Prohibited on county parks and beaches	Yes; parks and beaches are smoke free per a Hawaii Department of Health (DOH) list revised December 2015	Hawaii Department of Health Tobacco Laws
Maui County, Hawaii	Prohibited on county parks and beaches	Yes; all tobacco products are prohibited	Hawaii Department of Health Tobacco Laws
Hawaii County, Hawaii	Prohibited on county parks and beaches	Yes; parks and beaches are smoke free (DOH, rev. Dec 2015)	Hawaii Department of Health Tobacco Laws
Island Beach State Park, New Jersey	Prohibited on sand and recreational areas	Yes; tobacco smoking is prohibited outside vehicles	New Jersey Department of Environmental Protection (DEP) Island Beach Rules
Myrtle Beach, South Carolina	Littering butts is illegal; beach smoking ban unconfirmed	Butt disposal on sand or beach access is unlawful	Myrtle Beach Police Regulations
North Myrtle Beach, South Carolina	Council passed a beach smoking ban May 4, 2026; mayor said it takes effect Jan 1, 2027	Prohibits smoking; cigar coverage unconfirmed in minutes	North Myrtle Beach Council Minutes
Virginia Beach, Virginia	Not listed among prohibited beach activities	Tobacco smoking is absent from prohibited lists	City of Virginia Beach Rules
National Park Service Beaches	Allowed unless closed by park superintendent	Yes; superintendents can close areas to smoking	Code of Federal Regulations (CFR), 36 CFR 2.21

California, Hawaii and New Jersey ban smoking on the beaches and parks their state park systems run.

Under Cal. Pub. Res. Code 5008.10, added by Senate Bill 8 in 2019 and effective January 1, 2020, California prohibits smoking on any state beach or in any unit of the state park system. The statute defines a state beach as any natural sand, cobble, or coastal area owned, operated, or managed by the state park system adjoining an ocean, bay, or estuary. Smoking is permitted only on paved roadways and designated parking facilities. The California statute defines smoking to cover lighted or heated cigars, cigarettes, and pipes, as well as electronic smoking devices. Violations are infractions carrying a fine of up to $25, and the law requires signs to be posted before the restriction is enforced at a given state beach.

Hawaii maintains tobacco bans across state and county shorelines. The Hawaii DLNR Division of State Parks says Act 123 of 2015 has banned smoking, e-cigarettes and all tobacco products in all Hawaii state parks since July 1, 2015. Three Hawaii counties also made their parks and beaches smoke free, according to a Hawaii Department of Health compilation revised in December 2015. Hawaii County made its parks and beaches smoke free in 2008. Maui County followed on April 22, 2014, and Honolulu County (covering Oahu) implemented a smoke-free policy for public parks and beaches on January 1, 2014, while exempting county golf courses.

New Jersey enacted legislation prohibiting smoking at public parks and beaches. A New Jersey Department of Health news release confirmed that Governor Phil Murphy signed this public beach and park smoking ban into law in July 2018. At Island Beach State Park, the New Jersey DEP says state law bans smoking tobacco and using electronic smoking devices in all state parks, forests and recreation areas. Visitors to Island Beach State Park are advised that smoking is permitted only inside their personal vehicles. The New Jersey Department of Health and DEP pages do not give the 2018 law's details, such as local smoking areas, a cigar exception or fines. Follow the posted rules at each New Jersey beach.

Federal beaches, including national seashores, follow federal administrative code. Under 36 CFR 2.21, a National Park Service superintendent can close any part of a park or national seashore to smoking. Closures protect park resources, reduce fire risk or prevent visitor conflicts. Smoking within any designated closed zone is a federal violation.

Check four things before you light a cigar on the sand.

1. Identify the governing entity. Determine whether the beach is managed by a city recreation department, a county park authority, a state park division, or the federal government.
2. Review the prohibited activities list. Read the city's posted beach rules. Virginia Beach's beach rules page and ocean safety page ban glass, public alcohol, fires and littering, and neither lists tobacco.
3. Inspect physical entry signs. California's state-beach ban, Cal. Pub. Res. Code 5008.10, is enforced at a beach only after signs are posted there. Look for posted no-smoking signs at boardwalk ramps and dune walkovers.
4. Prepare for litter disposal. Pack out your cigar butt. Myrtle Beach Police Department beach regulations make it unlawful to leave a cigarette or cigar butt on any public beach or beach access. Our guide to the best cigar ashtrays covers ways to carry one out.

No official City of Myrtle Beach rule banning smoking on the sand has been confirmed, so read the signs at the beach access before you light up.

Whether you can smoke a cigar on a public beach depends on whether a city, county, state or federal agency runs it. California, Hawaii and New Jersey ban smoking on the beaches their state park systems run, so plan to smoke elsewhere there. In Florida, Fla. Stat. 386.209 bars cities and counties from further restricting the smoking of unfiltered cigars on the beaches and parks they own.

A new city ordinance or a change to a state park rule would change the answer for that beach. Before you light up on a beach you have not visited, read the no-smoking signs at the beach access.