26-38-6 - Local ordinances.
26-38-6. Local ordinances.
(1) This chapter supersedes any ordinance enacted by the governing body of a politicalsubdivision that restricts smoking in a place of public access as defined in Section 26-38-2 andthat is not essentially identical to the provisions of this chapter.
(2) This chapter does not supersede an ordinance enacted by the governing body of apolitical subdivision that restricts smoking in outdoor places of public access which are owned oroperated 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