Norfolk, VA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Restaurants
- no indoor smoking, Sec. 39.5-4(a)
- Patio exemption
- unenclosed outdoor area, Sec. 39.5-4(b)(2)
- Enclosed public places
- smoking barred, Sec. 39.5-3(a)
- Large retailers
- 15,000+ sq ft must post no-smoking area
- Penalty
- class 4 misdemeanor, Sec. 39.5-9(c)
- Effective date
- December 1, 2009
Summary
Norfolk bans smoking inside every restaurant, but the law carves out a genuine outdoor exception: a patio, deck or sidewalk seating area is exempt as long as it isn't enclosed by screened walls, roll-up doors, windows or other seasonal enclosures. Indoor public places from schools to retail stores also face smoking limits.
(a)Smoking shall be prohibited in any restaurant.(b)Notwithstanding the prohibition set forth in subsection (a), above, a proprietor may permit smoking in the following places, provided that certain requirements are met:(1)Any place where food is prepared or stored for distribution to persons of the same or a related business operation for service to the public at some other location, such as preparation or storage facilities used by catering services, pushcarts, hotdog stands, and other mobile food vendors;(2)Any outdoor area of a restaurant, with or without roof covering, whenever the area is not enclosed, in whole or in part, by any screened walls, roll-up doors, windows, or other seasonal or temporary enclosures;
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 166).
Full Breakdown
5 of the City Code bans smoking outright in specific enclosed public places under Sec. 5-3(a), including school buses and public conveyances, elevators, hospital emergency rooms, health department offices, polling rooms, indoor service and cashier lines, and licensed child day centers. Sec. 5-3(b) requires the operators of large retail stores (15,000 square feet or more), health care facilities, meeting rooms, theaters and other cultural facilities, indoor recreational facilities, bowling alleys, bingo halls, transit waiting rooms and government buildings to designate a no-smoking area. For restaurants specifically, Sec.
' A restaurant can also carve out a structurally separated, independently vented indoor smoking room reached only through its own door under Sec. 5-4(b)(4). Proprietors must strip ashtrays from every no-smoking area and cannot force wait or bus staff into a smoking-permitted section without that employee's consent. Sec. 5-6 requires posted 'No Smoking' or international no-smoking-symbol signage in restaurants, and 'Smoking Permitted'/'No Smoking' signs elsewhere. The rules took effect December 1, 2009 under Ord. No. 43,697.
Violations & Fines
Sec. 39.5-9 makes it unlawful both for a proprietor, manager or operator to fail to comply with the chapter and for any individual to smoke in a prohibited or restricted area. Either violation is a class 4 misdemeanor, and the ordinance treats a proprietor's failure to post required signage or remove ashtrays from no-smoking areas as an independent compliance failure.
Frequently Asked Questions
Can I smoke on a restaurant patio in Norfolk?
Does Norfolk ban smoking in all restaurants?
What is the penalty for smoking where it's prohibited in Norfolk?
Do employers have to ban smoking in private workplaces?
Sources & Official References
Other rules in Norfolk
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