Chesapeake, VA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Covered areas
- Enclosed, indoor public places only
- Outdoor restaurants
- Uncovered or unenclosed patios exempt
- Civil penalty
- $25 per offense, per day
- Enforcing agency
- Local/district Department of Public Health
- City venues
- Outdoor amphitheaters may get no-smoking zones
Summary
Chesapeake's smoking ordinance only reaches 'enclosed, indoor' public places, so open-air areas are not covered under City Code Sec. 38-151. Restaurants may let patrons smoke in any outdoor area 'with or without roof covering' as long as it isn't enclosed by walls, doors, or windows, and violators who keep smoking after being asked to stop face a $25 civil penalty.
Public place means any enclosed, indoor area used by the general public, including but not limited to any building owned or leased by the Commonwealth or any agency thereof or any locality, public conveyance or public vehicle, educational facility, hospital, nursing facility or nursing home, other health care facility, library, retail store of 15,000 square feet or more, auditorium, arena, theater, museum, concert hall, or other area used for a performance or an exhibit of the arts or sciences, or any meeting room. ... smoking may be permitted in: ... Any outdoor area of a restaurant, with or without roof covering, at such times when such outdoor area is not enclosed in whole or in part by any screened walls, roll-up doors, windows or other seasonal or temporary enclosures.
Full Breakdown
Chesapeake's Article IV smoking ordinance (Chapter 38) is built around the definition of 'public place' in Sec. 38-151: 'any enclosed, indoor area used by the general public,' covering schools, hospitals, elevators, polling rooms, government restrooms, and large retail stores. Because the definition is limited to enclosed indoor space, the ordinance does not reach open-air locations such as sidewalks, parks, or outdoor plazas. Sec. 38-154(a) lists the specific indoor places where smoking is banned outright, from school buses and public conveyances to hospital emergency rooms and indoor service lines, and restaurants to the extent Sec.
38-157 restricts them. Sec. ' Sec. 38-155 adds further exceptions, including the outdoor walkways of enclosed shopping centers and hotel lobbies. Where smoking is restricted, Sec. 38-156 requires management to designate reasonable no-smoking areas in large retail stores, health care facilities, meeting rooms, and entertainment venues, and the city may designate no-smoking areas within any outdoor amphitheater or concert venue it owns under Sec. 38-154(a)(7). The article is enforced by the local or district department of public health, and any law enforcement officer may issue a summons under Sec. 38-152.
Violations & Fines
Continuing to smoke in a covered indoor area after being asked to stop is a civil violation carrying a fine of not more than $25.00 per offense under Sec. 38-159(c), with each day a continuing violation treated as a separate offense. A restaurant proprietor who fails to post required 'No Smoking' signage or remove ashtrays from a no-smoking area is separately liable for a $25.00 civil penalty under Sec. 38-157(d) and Sec. 38-158. All civil penalties collected go to the city treasury for public health purposes.
Frequently Asked Questions
Can I smoke outdoors in Chesapeake?
Are restaurant patios smoke-free in Chesapeake?
What's the fine for smoking where it's prohibited in Chesapeake?
Does Chesapeake ban smoking in city parks or amphitheaters?
Sources & Official References
Other rules in Chesapeake
Compare Chesapeake to another location·View the Virginia public conduct overview
See something wrong?
Help us keep this page accurate. If you notice an error or outdated information, let us know.