Title 15.2. Counties, Cities and Towns
Chapter 28.2. Virginia Indoor Clean Air Act
Article 3. Local Regulation of Smoking.
§ 15.2-2828. Ordinances regulating smoking generally.A. No ordinances enacted by a locality prior to January 1, 1990, shall be deemed invalid or unenforceable because of lack of consistency with the provisions of this chapter.
B. Except as provided in § 15.2-2829, no ordinances adopted after January 1, 1990, shall contain provisions or standards that exceed those established in this chapter.
C. However, any ordinance may provide that employers may regulate smoking in the private work place as they deem appropriate under the following circumstances: (i) if the designation of smoking and no-smoking areas is the subject of a written agreement between the employer and his employees, the provisions of the written agreement shall control such designation and (ii) a total ban on smoking in any work place shall only be enforced by the employer upon an affirmative vote of a majority of the affected employees voting, unless such ban is the subject of a contract of employment between the employer and the employees as a prior condition of employment. No ordinance adopted pursuant to this subsection shall affect no-smoking policies established by employers prior to the adoption of such ordinance.
§ 15.2-2829. Mandatory provisions of ordinances.If an ordinance is enacted by a locality in accordance with this chapter, it shall provide that it is unlawful for any person to smoke in any of the following places:
1. Common areas in an educational facility, including but not limited to, classrooms, hallways, auditoriums, and public meeting rooms;
2. School buses and public conveyances; and
3. Any of the places governed by § 15.2-2824 or 15.2-2825.
§ 15.2-2830. Optional provisions of ordinances.If an ordinance is enacted by a locality in accordance with this chapter, it may provide that management shall designate reasonable no-smoking areas, considering the nature of the use and the size of the building, in the following places:
1. Retail and service establishments of 15,000 square feet or more serving the general public, including, but not limited to, department stores, grocery stores, drug stores, clothing stores, and shoe stores;
2. Educational facilities, except as provided in § 15.2-2824;
3. Health care facilities;
4. Rooms in which a public meeting or hearing is being held;
5. Places of entertainment and cultural facilities, including but not limited to theaters, concert halls, gymnasiums, auditoriums, other enclosed arenas, art galleries, libraries, and museums;
6. Indoor facilities used for recreational purposes; or
7. Other public places.
§ 15.2-2831. Other ordinances not authorized.The provisions of §§ 15.2-2828, 15.2-2829, and 15.2-2830 shall not be construed to allow local regulation of smoking in:
1. Conference or meeting rooms and public or private assembly rooms while such rooms are being used for private functions;
2. Private work places;
3. Areas of enclosed shopping centers or malls that are external to the retail stores therein, are used by customers as a route of travel from one store to another, and consist primarily of walkways and seating arrangements; or
4. Lobby areas of hotels, motels, and other establishments open to the general public for overnight accommodation.
§ 15.2-2832. Regulation of smoking; posting of signs.Any person who owns, manages, or otherwise controls any building or area in which smoking is regulated by an ordinance shall post in an appropriate place, in a clear, conspicuous, and sufficient manner, "Smoking Permitted" signs, "No Smoking" signs, or "No-Smoking Section Available" signs.
§ 15.2-2833. Enforcement of ordinances.A. Any ordinance may provide a civil penalty of not more than $25 for violations of any provision of such ordinance.
B. Any ordinance may provide that no person shall smoke in a designated no-smoking area and any person who continues to smoke in such area after being asked to refrain from smoking may be subject to a civil penalty of not more than $25.
C. Any ordinance shall provide that any law-enforcement officer may issue a summons regarding a violation of the ordinance.
D. Any civil penalties assessed under this section shall be paid into the treasury of the locality where the offense occurred and shall be expended solely for public health purposes.