26-38-6. Local ordinances.
(1) This chapter supersedes any ordinance enacted by the governing body of a political
subdivision that restricts smoking in a place of public access as defined in Section 26-38-2 and
that is not essentially identical to the provisions of this chapter.
(2) This chapter does not supersede an ordinance enacted by the governing body of a
political subdivision that restricts smoking in outdoor places of public access which are owned or
operated by:
(a) a political subdivision as defined in Section 17B-1-102;
(b) a state institution of higher education; or
(c) a state institution of public education.
Amended by Chapter 44, 2007 General Session
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Last revised: Wednesday, October 08, 2008