Smoking Near Playgrounds

Baltimore City Code div. Health Code, tit. 12, subtit. 8

in effect

Baltimore City Code, Health Code, § 12-801 Definitions.

§ 12-801. Definitions. (a) In general. In this subtitle, the following terms have the meanings indicated. (b) Athletic facility. (1) In general. “Athletic facility” means any outdoor facility clearly intended for playing sports. (2) Illustrations. “Athletic facility” includes any: (i) baseball diamond; (ii) soccer, lacrosse, or football field; (iii) basketball court; (iv) racing track; (v) skating rink; or (vi) field hockey pitch. (c) Playground. “Playground” means an outdoor area set aside for recreation and play, including an area containing equipment such as seesaws, swings, slides, merry-go-rounds, jungle gyms, monkey bars, overhead ladders, trapeze rings, playhouses, sandboxes, mazes, or similar play structures of any kind. (d) Public swimming pool. “Public swimming pool” has the meaning stated in § 11-301(c) {“Definitions: Public swimming pool”} of this article. (e) Schoolyard. “Schoolyard” means outdoor school property intended to be used for recreation and play. (f) Smoke. “Smoke” has the meaning stated in § 12-101 {“Definitions”} of this title. (Ord. 14-310; Ord. 14-307; Ord. 14-212.)

Baltimore City Code, Health Code, § 12-802 {Reserved}

Baltimore City Code, Health Code, § 12-803 Where smoking prohibited.

§ 12-803. Where smoking prohibited. Except as otherwise specified in this subtitle, smoking is prohibited in or within 50 feet of any: (1) playground; (2) schoolyard; (3) athletic facility; or (4) public swimming pool. (Ord. 14-307; Ord. 14-212.)

Baltimore City Code, Health Code, § 12-804 Exceptions.

§ 12-804. Exceptions. This subtitle does not apply to the following: (1) a moving private vehicle. (2) smoking as an integral part of a theatrical performance held in a facility primarily used for theatrical performances. (3) smoking as an integral part of a religious ceremony. (Ord. 14-212.)

Baltimore City Code, Health Code, §§ 12-805 to 12-806 {Reserved}

Baltimore City Code, Health Code, § 12-807 Enforcement by citation.

§ 12-807. Enforcement by citation. (a) In general. In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”} (b) Process not exclusive. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (Ord. 14-212.)

Baltimore City Code, Health Code, § 12-808 Civil penalties. $500.

§ 12-808. Civil penalties. $500. Any person who smokes in violation of this subtitle is subject to a civil fine of not more than $500 for each offense. (Ord. 14-212.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/health/12/8Fetched: 10/25/2026