Ohio HB 513 (2022) preempts local flavored tobacco and vapor product bans, reserving sales regulation to the state, with continued legal disputes.
House Bill 513, signed in January 2023 and codified in ORC 9.681, preempts municipalities from regulating the sale, distribution, packaging, marketing, taxation, or use of tobacco, alternative nicotine, and vapor products. The law was passed after Columbus and several Ohio cities adopted local flavored tobacco bans. Governor DeWine vetoed a follow-up provision; the legislature overrode parts of it. Ohio cities including Columbus and Cleveland have continued litigation, with Ohio Supreme Court review pending in cases challenging the preemption statute as a violation of municipal home rule.
Local ordinances that conflict with ORC 9.681 are unenforceable and may be struck down through declaratory action.
Westerville, OH
Westerville prohibits street parking for more than 48 consecutive hours on public streets under Codified Ordinance 351.16. Overnight parking is generally all...
Westerville, OH
Westerville allows up to 4 hens on residential lots with a permit. No roosters. Coops must be setback at least 25 feet from neighboring structures. The city'...
Westerville, OH
Westerville adopts the Ohio Residential Code smoke alarm requirements. Smoke alarms required in every sleeping room, outside sleeping areas, and on every lev...
Westerville, OH
Westerville allows recreational fire pits under Ohio Fire Code 307.4. Fires must be under 3 feet in diameter, 2 feet high, and at least 25 feet from any stru...
Westerville, OH
Westerville requires property owners to maintain vegetation and remove dead brush under Codified Ordinance 521.08. No defensible-space wildfire rules apply a...
Westerville, OH
Backyard recreational fires permitted in Westerville under Ohio Fire Code 307.4: 3-foot diameter maximum, 25-foot setback from structures, clean wood only. M...
Side-by-side rule comparisons with other cities in Franklin County.
See how Westerville's flavored tobacco bans rules stack up against other locations.
Help us keep this page accurate. If you notice an error or outdated information, let us know.