Fairfax County, VA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- Fairfax County Code § 44-1-2.1
- Covered locations
- County-owned bus shelters only
- Signage requirement
- 5-inch sign citing $25 fine, § 44-1-6
- Maximum fine
- $25 per violation, § 44-1-7
- Enforcement
- Any county law-enforcement officer, or Health Dept. Director
- Indoor bans
- Separate rules cover stores, health facilities, theaters
Summary
Smoking is unlawful in any bus shelter owned by Fairfax County under Code § 44-1-2.1, the county's only outdoor smoking prohibition. Shelters must be posted with warning signs, and a law-enforcement officer can issue a summons carrying up to a $25 fine per violation.
Section 44-1-2.1. - Smoking prohibited in County-owned bus shelters. It is unlawful for any person to smoke in any bus shelter owned by Fairfax County. Such shelters shall be posted with signs as required by Section 44-1-6. Any Fairfax County law-enforcement officer may issue a summons regarding a violation of this Section. (30-10-44.) ... Section 44-1-7. - Penalty. Any person violating any of the provisions of this Article shall be fined up to Twenty-five Dollars ($25.00). Each day a violation of this Article shall continue constitutes a separate violation.
Full Breakdown
Chapter 44 of the Fairfax County Code bans smoking mainly in enclosed spaces (elevators, larger retail and food stores, health care facilities, crowded public meetings, theaters, publicly funded galleries and libraries, and designated no-smoking sections of restaurants under § 44-1-2). 1, added later, which makes it unlawful for any person to smoke in a bus shelter owned by Fairfax County. 00 Fine,' with the words 'No Smoking' at least one and a half inches tall. ' The chapter's general penalty clause, § 44-1-7, caps fines at $25 per violation and treats each day of continuing violation as a separate offense.
Enforcement authority under § 44-1-8 extends beyond police to the Director of the Fairfax County Health Department or any other person the Board of Supervisors designates. The chapter's exceptions (§ 44-1-3) and designated-smoking-area provisions (§ 44-1-4), which cover lawfully designated indoor smoking rooms, tobacco shops, and non-public-facing office areas, do not carve out any exception for county bus shelters.
Violations & Fines
Smoking in a Fairfax County-owned bus shelter is a summons-eligible offense under § 44-1-2.1, enforced directly by any county law-enforcement officer. The chapter-wide penalty in § 44-1-7 fixes the fine at up to $25 per violation, with each day of a continuing violation charged as a separate offense; the Health Department Director can also pursue enforcement under § 44-1-8.
Frequently Asked Questions
Can I smoke while waiting at a Fairfax County bus stop shelter?
Does Fairfax County ban smoking in parks generally?
What's the fine for smoking in a banned area?
Who enforces the smoking rules besides police?
Sources & Official References
Other rules in Fairfax County
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