{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/15.2-2828.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/15.2-2828.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/15.2-2828.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/15.2-2828.html"}],"law_id":75285,"edition_id":1,"section_id":75285,"structure_id":14823,"section_number":"15.2-2828","catch_line":"Ordinances regulating smoking generally","history":"2009, cc. 153, 154.","full_text":"A\n\nNo 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\n\nExcept 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\n\nHowever, 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.","order_by":null,"text":{"0":{"id":270337,"text":"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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":270338,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":270339,"text":"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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":14823,"edition_id":1,"name":"Local Regulation of Smoking","identifier":"3","label":"article","depth":4,"order_by":1,"parent_id":14516,"metadata":{},"date_created":"2026-06-26 03:50:09","date_modified":"2026-06-26 03:50:09","permalink":{"id":156331,"object_type":"structure","relational_id":14823,"identifier":"3","token":"15.2\/II\/28.2\/3","url":"\/15.2\/II\/28.2\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14516,"edition_id":1,"name":"Virginia Indoor Clean Air Act","identifier":"28.2","label":"chapter","depth":3,"order_by":1,"parent_id":12733,"metadata":{},"date_created":"2026-06-26 03:48:29","date_modified":"2026-06-26 03:48:29","permalink":{"id":156293,"object_type":"structure","relational_id":14516,"identifier":"28.2","token":"15.2\/II\/28.2","url":"\/15.2\/II\/28.2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12733,"edition_id":1,"name":"Powers of Local Government","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":12720,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":152369,"object_type":"structure","relational_id":12733,"identifier":"II","token":"15.2\/II","url":"\/15.2\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12720,"edition_id":1,"name":"Counties, Cities and Towns","identifier":"15.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":151279,"object_type":"structure","relational_id":12720,"identifier":"15.2","token":"15.2","url":"\/15.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":75285,"structure_id":14823,"section_number":"15.2-2828","catch_line":"Ordinances regulating smoking generally","url":"\/15.2-2828\/","token":"15.2\/II\/28.2\/3\/15.2-2828","metadata":false},{"id":64439,"structure_id":14823,"section_number":"15.2-2829","catch_line":"Mandatory provisions of ordinances","url":"\/15.2-2829\/","token":"15.2\/II\/28.2\/3\/15.2-2829","metadata":false},{"id":58771,"structure_id":14823,"section_number":"15.2-2830","catch_line":"Optional provisions of ordinances","url":"\/15.2-2830\/","token":"15.2\/II\/28.2\/3\/15.2-2830","metadata":false},{"id":56672,"structure_id":14823,"section_number":"15.2-2831","catch_line":"Other ordinances not authorized","url":"\/15.2-2831\/","token":"15.2\/II\/28.2\/3\/15.2-2831","metadata":false},{"id":79145,"structure_id":14823,"section_number":"15.2-2832","catch_line":"Regulation of smoking; posting of signs","url":"\/15.2-2832\/","token":"15.2\/II\/28.2\/3\/15.2-2832","metadata":false},{"id":79209,"structure_id":14823,"section_number":"15.2-2833","catch_line":"Enforcement of ordinances","url":"\/15.2-2833\/","token":"15.2\/II\/28.2\/3\/15.2-2833","metadata":false}],"next_section":{"id":64439,"structure_id":14823,"section_number":"15.2-2829","catch_line":"Mandatory provisions of ordinances","url":"\/15.2-2829\/","token":"15.2\/II\/28.2\/3\/15.2-2829","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/15.2-2828\/","history_text":"

This law was first created in 2009. The record of its establishment is cataloged in chapters 153<\/a> and 154<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":56672,"section_number":"15.2-2831","catch_line":"Other ordinances not authorized","order_by":null,"url":"\/15.2-2831\/"}],"refers_to":[{"id":64439,"section_number":"15.2-2829","catch_line":"Mandatory provisions of ordinances","order_by":null,"url":"\/15.2-2829\/"}],"permalink":{"id":156333,"object_type":"law","relational_id":75285,"identifier":"15.2-2828","token":"15.2\/II\/28.2\/3\/15.2-2828","url":"\/15.2-2828\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/15.2-2828\/","token":"15.2\/II\/28.2\/3\/15.2-2828","dublin_core":{"Title":"Ordinances regulating smoking generally","Type":"Text","Format":"text\/html","Identifier":"\u00a7 15.2-2828","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> No ordinances<\/span> enacted by a locality<\/span> prior to January 1, 1990, shall be deemed invalid or unenforceable because of lack of consistency with the provisions of this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Except as provided in § 15.2-2829<\/a>, no ordinances<\/span> adopted after January 1, 1990, shall contain provisions or standards that exceed those established in this chapter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> However, any ordinance<\/span> may provide that employers may regulate smoking<\/span> in the private work place<\/span> as they deem appropriate under the following circumstances: (i) if the designation of smoking<\/span> and no-smoking<\/span> 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<\/span> 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<\/span> of employment between the employer and the employees as a prior condition of employment. No ordinance<\/span> adopted pursuant to this subsection shall affect no-smoking<\/span> policies established by employers prior to the adoption of such ordinance<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nORDINANCES REGULATING SMOKING GENERALLY (\u00a7 15.2-2828)\n\nA. No ordinances enacted by a locality prior to January 1, 1990, shall be deemed\ninvalid or unenforceable because of lack of consistency with the provisions of\nthis chapter.\n\nB. Except as provided in § 15.2-2829, no ordinances adopted after January\n1, 1990, shall contain provisions or standards that exceed those established in\nthis chapter.\n\nC. However, any ordinance may provide that employers may regulate smoking in the\nprivate work place as they deem appropriate under the following circumstances:\n(i) if the designation of smoking and no-smoking areas is the subject of a\nwritten agreement between the employer and his employees, the provisions of the\nwritten agreement shall control such designation and (ii) a total ban on smoking\nin any work place shall only be enforced by the employer upon an affirmative\nvote of a majority of the affected employees voting, unless such ban is the\nsubject of a contract of employment between the employer and the employees as a\nprior condition of employment. No ordinance adopted pursuant to this subsection\nshall affect no-smoking policies established by employers prior to the adoption\nof such ordinance.\n\nHISTORY: 2009, cc. 153, 154.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}