Connect with us

Local Government

Given legal barriers on smoking ban, council decides to ask nice

Published

on

The Front Royal Town Council’s move to approve a no smoking at school bus stops code as an emergency ordinance change hit a stop sign on August 21.  That “stop before proceeding” notice came from Town Attorney Doug Napier.  Napier informed council that his research indicated that no Virginia municipality has such an ordinance, and that State law surrounding smoking restrictions would make such a code problematic legally.

Napier explained that is because the enabling State legislation references either publicly-owned property or facilities.  And as elaborated in the staff summary of those codes, for the most part it references buildings or enclosed areas.  In fact, school buses are specifically cited in one section of applicable Virginia Code 15.2-2829.

And while the code does authorize some authority at “other public places” such as parks, those are municipally-owned spaces, not public right of ways where one would find a bus stop.

However, Councilman Chris Morrison who brought the matter to council’s attention with two citizens who addressed an August 7 work session insisted he had spoken to officials in both Fairfax and Winchester City who had verified that they had codes in place regarding school bus stops such as he is supporting here.

Asked about Morrison’s claim the following day, Napier said he had spoken to the Fairfax assistant attorney who explained their code addressed only enclosed shelters at bus stops utilized by schools.  Napier said he had no information verifying Morrison’s assertion about such a smoking prohibition in Winchester.

As Jacob Meza, left, and Town Manager Joe Waltz listen, Chris Morrison argues for more to be done legally to prevent smoking at school bus stops. Photos/Roger Bianchini

The staff summary questioned whether with a maximum $25 civil penalty, the cost of attempting to enact the proposed ban was “worthwhile to pursue”.  It was also noted that the town police representative present on August 7 had observed such a statute would present some enforcement difficulties.

Faced with these legal roadblocks, an alternate strategy was presented – ask nice through the public school system and depend on the common sense and good nature of the public.  The town attorney suggested that the school system send out notices to parents reminding them “not to smoke around kids” at the school bus stops because second hand smoke is a health hazard.  The council consensus was that parents were likely to observe such a request voluntarily because no one’s intention is likely to present a health hazard to their own or other children.

“I like the idea of the letter,” Jacob Meza said, adding, “the real concern we have is not to smoke next to children.”

While no citizens were present on August 21 in support of the initiative, during the public remarks on August 7 no specific examples of parents smoking in close proximity to students were cited.  The primary complaint presented was that there was adult smoking observed at some school bus stops and that smoking is a generally-recognized health hazard, so should be legally prohibited.

Vice-Mayor Tewalt agreed that with legal and enforcement issues the best course of action was to write the letter asking smoking parents at bus stops to keep a safe distance from the children.  Tewalt wondered if council wasn’t flirting with governmental overreach – “What’s the next ordinance going to be, how to raise your kid? … It has nothing to do with our job … there are (no comparable ordinances) in the state.”

Vice-Mayor Tewalt makes a point as Councilmen Meza and Morrison wait their turn.

However, Morrison was reluctant to let go of his initiative.  After asserting that Fairfax and Winchester do have codes similar to what was being proposed here, he told his colleagues, “Let’s do what we can … we have tobacco-free school zones.  I felt like we should do what we can!”

However, the council consensus was to instruct the town attorney to work with the public school administration on the letter requesting parents to either refrain from smoking or keep a safe distance from children if they do smoke at the bus stops.

Local News9 hours ago

Cline Accepts Three Debate Invitations in Sixth District Race

Local News9 hours ago

Lloyd, Silek Spar Over WCRC Membership Payment Methods as August 27 Meeting & Officer Appointments Loom

Local News10 hours ago

Warren County Sheriff’s Office Joins Saturation Saturday Ahead of Labor Day Weekend

Local Government10 hours ago

A More Permanent Closure of a Portion of Church Street Denied at Town Council Meeting

Community Events10 hours ago

Newtown Heritage Festival Rescheduled for Aug. 28-29 in Stephens City

National News12 hours ago

Active Court Order Still Blocking Trump Effort to Restrict Vote-By-Mail

Obituaries12 hours ago

Donald “Don” Alan Burke Jr. (1952 – 2026)

Local News12 hours ago

Blue Ridge Wildlife Center Patient of the Week: Woodland Box Turtle

Local News14 hours ago

Christendom Graduate Jimmy Coffey Sets Sights on Major League Rugby

Obituaries14 hours ago

Helga Maria Hartmann (1933 – 2026)

Obituaries14 hours ago

Rena Mae Frye Dodson (1939 – 2026)

Local News14 hours ago

Love Revival, First Baptist Partner for Free Labor Day Community Cookout

State News15 hours ago

Virginia Students Make Gains in Reading, Math as Schools Push Toward Pre-Pandemic Levels

Community Events15 hours ago

This Week’s Showtimes at Royal Cinemas as of August 28th

State News19 hours ago

“Remember the Little Guy”: Kaine Hears From Virginia Farmers as Canada Trade Fight Drives Up Concern

State News20 hours ago

Commentary: The Thousand-Dollar Line

Interesting Things to Know20 hours ago

How Laughter Can Help During the Grieving Process

National News20 hours ago

U.S. Supreme Court Lifts Pause on Trump Mail-Ballot Order

Health21 hours ago

What to Do When Dehydration Becomes an Emergency

report logo
Arrest Logs1 day ago

POLICE: 7 Day FRPD Arrest Report 8/24/2026

Local News2 days ago

Laurel Ridge Community College Welcomes More Than 3,100 Students for Fall Semester

Local News2 days ago

$8,000 Grant Advances Preservation Work at Historic Heater House

State News2 days ago

Virginia Considers Calls for Mandatory School Nurses as Healthcare Gaps Persist

Real Estate2 days ago

Ask the Expert: What Happens to a Mortgage When a Spouse Dies?

Health3 days ago

Shingles Shot May Help Protect the Brain