§ 33.1-3. Smoking prohibited in certain public places; exceptions.  


Latest version.
  • (a)

    It shall be unlawful for any person to smoke in any of the following public places:

    (1)

    Elevators, regardless of capacity, except in an elevator located in a single-family dwelling.

    (2)

    Retail, wholesale discount and service establishments and financial institutions serving the general public, including, but not limited to, department stores, grocery stores, convenience stores, drug stores, clothing stores, shoe stores, hardware stores, banks, savings and loan institutions, hair salons and barber shops.

    (3)

    Indoor service lines, cashier areas, and counter service area.

    (4)

    Public restrooms.

    (5)

    Health care facilities, regardless of capacity.

    (6)

    Rooms in which a public meeting or hearing is being held.

    (7)

    Places of entertainment, including, but not limited to, theaters, concert halls, gymnasiums, auditoriums, or other enclosed arenas; except smoking by performers as part of the theatrical production.

    (8)

    Art galleries, libraries, museums, and similar cultural facilities.

    (9)

    Educational facilities, whether public or private, in common areas such as classrooms, offices, hallways, libraries, auditoriums, and public meeting rooms.

    (10)

    Child care facilities.

    (11)

    Indoor facilities used for recreational purposes, including, but not limited to, bingo halls, bowling centers, and skating rinks.

    (12)

    Any part of a restaurant designated a "no smoking" area pursuant to the provisions of this chapter.

    (13)

    Buildings owned or leased by the city or the school board used for public purposes with the exception of lawfully designated smoking areas.

    (14)

    Meeting houses, community centers, and similar facilities open to the public at large.

    (15)

    Vehicles owned or leased by the city used regularly for public transportation including, but not limited to, transit buses and school buses.

    (b)

    Notwithstanding the provision set forth in paragraph (a) above, the owner or person in charge of any building, structure, space, place or area in which smoking is prohibited may designate separate rooms or areas in which smoking is permitted, provided that:

    (1)

    The designated smoking area should preferably be limited to twenty-five (25) percent, but in any event shall not exceed fifty (50) percent of that portion of the building, structure, space, place or area open to the general public.

    (2)

    Notwithstanding the fifty (50) percent limitation, the designated smoking area may not encompass any area outlined in subsections (a)(1), (3), (4), (6), (12) and (15).

    (3)

    Designated smoking areas shall be separate to the extent reasonably practicable from those rooms or areas entered by the public in the normal course of use of the particular business or institution.

    (4)

    In designated smoking areas, ventilation systems shall be required and be adequate to minimize the permeation of smoke into no smoking areas, and physical barriers shall be constructed when reasonably practicable for said purpose.

    (Ord. No. 3872-89, § 1)

(Ord. No. 3872-89, § 1)