Light up on a Miami Beach public beach or park and you could face a $100 fine on the first offense, scaling to $500 or even jail time for repeat violations.
The City of Miami Beach reminded beachgoers Aug. 14 that smoking cigarettes and other tobacco products remains illegal on all public beaches and parks under Ordinance 2022-4509. The post came during peak summer beach season as part of the city's ongoing #NoFilter public awareness campaign.
What the smoking ban covers
The ordinance, which took effect Jan. 1, 2023, prohibits inhaling, exhaling, burning, carrying or possessing any lighted tobacco product on public beaches and in public parks. That includes cigarettes, cigars and pipe tobacco.
One exception: unfiltered cigars are not covered by the ban.
How fines escalate with repeat violations
Violations are tiered within a 12-month period, according to the ordinance text:
- First offense: $100 civil fine or up to 60 days in jail
- Second offense: $200 civil fine or up to 60 days in jail
- Third or subsequent offense: $500 civil fine or up to 60 days in jail
Where the ban is enforced
The ban covers all public beaches and public parks owned by the City of Miami Beach, plus county-owned parks within the city's jurisdiction. The city's Take Care of Our City page lists cigarettes among items prohibited on the beach alongside coolers, inflatable devices, tents, tables, loud music, glass containers, Styrofoam, plastic straws and balloons.
How the ordinance came about
Then-Vice Mayor Alex J. Fernandez sponsored the ordinance, which the City Commission approved 5-1 on Sept. 14, 2022. Florida House Bill 105, signed by Gov. Ron DeSantis in June 2022, had removed a statewide preemption that previously blocked cities from restricting smoking on beaches and in parks.
The environmental case was central to the ordinance's passage. According to the city, up to 98% of cigarette filters are made of plastic fibers, and each butt can take up to 10 years to break down. Ocean Conservancy research cited in the ordinance found cigarette butts were the top item collected during international beach cleanups for 31 consecutive years.
