New Jersey Statutes
N.J. Stat. § 26:3D-58 (2026)
Smoking prohibited in certain public places, workplaces
✓ current as of May 2026
4. a. Smoking is prohibited at the following locations: an indoor public place, a workplace, a public park or beach, and the outdoor passenger pick-up and drop-off area of an airport that is not owned or operated by a federal or military authority, except as otherwise provided in this act.
b. Smoking is prohibited in any area of any building of, or on the grounds of, any public or nonpublic elementary or secondary school, regardless of whether the area is an indoor public place or is outdoors.
Notes of Decisions
Cited in 3
cases (1 in the last 5 years), 2012–2026 · leading case: Amvets Post 711 v. Rutter, 863 F. Supp. 2d 670 (N.D. Ohio 2012).
Amvets Post 711 v. Rutter, 863 F. Supp. 2d 670 (N.D. Ohio 2012). “§ 71-5729; N.J. Stat. § 26:3D-58; N.M. Stat. Ann. § 24-16-4 ; Ore.”
Uaw, Region 9 of the Uaw v. New Jersey Governor Philip Murphy (N.J. Super. Ct. App. Div. 2026). “§ 4 (codified as amended at N.J.S.A. 26:3D-58). "Indoor public place" is defined in the statute to mean "a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis,…”
Sparroween, LLC d/b/a Cigar Emporium Vs. Twp. of West Caldwell(l-1966-16, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “N.J.S.A. 26:3D-58. An indoor public place includes a "structurally enclosed place of business, commerce or other service-related activity," including a for- profit privately owned structure, "which is generally accessible to the public .”
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