Roanoke, VA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Citation
- City Code § 24-97.1
- Location
- Non-smoking zones inside Elmwood Park amphitheater
- State authority
- Va. Code § 15.2-926.4
- Penalty
- $25 civil penalty per violation
- Enacted
- Ord. No. 41653, effective 1-21-20
Summary
Roanoke designates non-smoking areas inside the outdoor amphitheater at Elmwood Park under state authority in Va. Code § 15.2-926.4. Anyone who keeps smoking there after being asked to stop faces a $25 civil penalty per violation, enforced by a law-enforcement summons and paid into a public health fund.
(a)Pursuant to section 15.2-926.4, Code of Virginia (1950), as amended, the city hereby designates non-smoking areas within the outdoor amphitheater located at Elmwood Park, 706 Jefferson Street, S.E., bearing Official Tax Map No. 4013201. The non-smoking areas within the amphitheater at Elmwood Park are depicted on Engineering Plan Number 6881 filed in the city's department of engineering and the city's department of parks and recreation. Smoking shall not be permitted within such designated areas. The city manager or designee shall install and maintain signs within the amphitheater at Elmwood Park that clearly designate the non-smoking areas within the amphitheater at Elmwood Park.(b)Any person who continues to smoke in such area after being asked to refrain from smoking in such area shall be subject to a civil penalty of twenty-five dollars ($25.00) for each such violation. A law-enforcement officer is authorized to issue a summons regarding violation of this section.(c)Civil penalties assessed under this section shall be paid to the city treasurer and shall be expended solely for public health services.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 94 Update 1).
Full Breakdown
1, adopted by Ordinance No. 41653 on January 21, 2020, uses the state's grant of authority in Va. E. (Official Tax Map No. 4013201). The precise boundaries are not left to guesswork; they are fixed on Engineering Plan Number 6881, on file with the city's department of engineering and the department of parks and recreation, and the city manager or a designee must install and maintain signs marking the non-smoking areas so patrons can see them. The ordinance is narrower than a park-wide smoking ban: it reaches only the designated non-smoking sections of the amphitheater itself, not the rest of Elmwood Park or Roanoke's other parks.
Enforcement is graduated rather than automatic. Smoking in the designated area alone is not the trigger; the civil penalty only attaches once a person continues smoking after being asked to refrain. 1(c) requires civil penalties to be paid to the city treasurer and expended solely for public health services.
Violations & Fines
A person who keeps smoking in a designated non-smoking area of the Elmwood Park amphitheater after being asked to stop faces a $25 civil penalty per violation, issued by summons from a law-enforcement officer. Each separate instance of continued smoking after a request to refrain can be charged as its own violation.
Frequently Asked Questions
Where in Roanoke is outdoor smoking banned?
What happens if someone keeps smoking in the non-smoking area?
Where does the money from smoking penalties go?
Under what authority did Roanoke pass this smoking rule?
Sources & Official References
Other rules in Roanoke
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