15.2-2828 - Ordinances regulating smoking generally. - Virginia Statutes

§ 15.2-2828. Ordinances regulating smoking generally.

A. No ordinances enacted by a locality prior to January 1, 1990, shall bedeemed invalid or unenforceable because of lack of consistency with theprovisions 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 inthis chapter.

C. However, any ordinance may provide that employers may regulate smoking inthe private work place as they deem appropriate under the followingcircumstances: (i) if the designation of smoking and no-smoking areas is thesubject of a written agreement between the employer and his employees, theprovisions of the written agreement shall control such designation and (ii) atotal ban on smoking in any work place shall only be enforced by the employerupon an affirmative vote of a majority of the affected employees voting,unless such ban is the subject of a contract of employment between theemployer and the employees as a prior condition of employment. No ordinanceadopted pursuant to this subsection shall affect no-smoking policiesestablished by employers prior to the adoption of such ordinance.

(2009, cc. 153, 154.)