Model
Legislative intent - local regulations. The Legislature declares its intent not to preempt the field of regulation of tobacco and smoking.
Local control. Nothing contained in this chapter shall be construed to restrict the power or authority of any city, county, Board of Health or other local governing entity to adopt and enforce local laws, ordinances, or regulations that meet at least the minimum smokefree standards set forth in this chapter.
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Examples
Louisiana Smokefree Air Act, effective January 2007.
D. Nothing in this Part shall be construed to restrict the power of any parish, city, town, or village to adopt and enforce additional local laws, ordinances, or regulations that comply with at least the minimum applicable standards to establish smokefree public places as set forth in this Part.
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Colorado Clean Indoor Air Act, adopted March 2006.
25-14-207. Other applicable regulations of smoking - local counterpart regulations authorized. (1) This Part 2 shall not be interpreted or construed to permit smoking where it is otherwise restricted by any other applicable law.
(2) (a) A local authority may, pursuant to Article 16 of title 31, C.R.S., a municipal home rule charter, or article 15 of title 30, C.R.S., enact, adopt, and enforce smoking regulations that cover the same subject matter as the various provisions of this part 2. No local authority may adopt any regulation of smoking that is less stringent than the provisions of this Part 2; except that a local authority may specify a radius of less than fifteen feet for the areas included in an entryway.
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Hawaii Smokefree Law, effective November 2006.
Section 15. County Ordinances. (a) Nothing in this chapter shall be construed to supersede or in any manner affect a county smoking ordinance; provided that the ordinance is at least as protective of the rights of nonsmokers as this chapter.
(b) Nothing in the chapter shall prohibit a county from enacting ordinances more stringent than this chapter.
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