§ 38-6. Prohibit smoking and the use of other tobacco products in the town buildings and vehicles and on all town grounds.

(a)

Authority. This section is enacted pursuant to G.S. 130A-498 and 160A-174(a).

(b)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Employee means a person who is employed by the town, or who contracts with the town or a third person to perform services for the town, or who otherwise performs services for the town with or without compensation.

Grounds means an unenclosed area owned, leased, or occupied by the town.

Local health department means the district health department, public health authority, or county health department, the jurisdiction of which includes the town.

Smoking means the use or possession of an e-cigarette, lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.

Tobacco product means any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component part or accessory of a tobacco product, including, but not limited to, cigarettes; cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts; refuse scraps, clippings, cutting and sweepings of tobacco; and other kinds and forms of tobacco. A tobacco product excludes any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product, as a tobacco dependence product, or for other medical purposes, and is being marketed and sold solely for such an approved purpose.

Town building means a building owned, leased as lessor, or the area leased as lessee and occupied by the town.

Town vehicle means a passenger-carrying vehicle owned, leased, or otherwise controlled by the town and assigned permanently or temporarily to its employees, agencies, institutions, or facilities for official town business.

Universal "No Smoking and Use of Tobacco Products Prohibited" symbol means the symbol consisting of a pictorial representation of a burning cigarette and a tobacco product enclosed in a red circle with a red bar across it.

(c)

Areas in which smoking and the use of tobacco products are prohibited. Smoking and the use of tobacco products are prohibited:

(1)

In any building owned, leased, or occupied, as herein defined, by the town.

(2)

In any town vehicle owned, leased, or controlled by the town.

(3)

In any grounds that are owned, leased, or occupied by the town.

(4)

In town buildings and on town grounds being used for private events.

(d)

Implementation requirements.

(1)

The town shall post signs that meet all the requirements in subsection (e) of this section.

(2)

The town shall remove all ashtrays and other smoking receptacles from its buildings and grounds, except for ashtrays and receptacles for sale and not intended for use on the premises.

(3)

The person in charge of the town building, vehicle, or grounds, or his designee, shall direct a person who is smoking or using a tobacco product in a prohibited area to cease and, if the person does not comply, shall contact the town police department.

(e)

Signage. The signs required by subsection (d) of this section must:

(1)

State in English that smoking and the use of tobacco products are prohibited and include the universal "No Smoking and Use of Tobacco Products Prohibited" symbol.

(2)

Be of sufficient size to be clearly legible to a person of normal vision, and be conspicuously posted.

(3)

Be posted at each entrance to a town building and in other locations within the building reasonably calculated to inform employees and the public of the prohibition.

(4)

Be posted in each town vehicle in areas visible to passengers, provided that their placement does not interfere with the safe operation of the vehicle. If the vehicle is used for undercover law enforcement operations, a sign is not required to be placed in the vehicle.

(5)

Be posted on town grounds in locations and at intervals reasonably calculated to inform employees and the public of the prohibition.

(f)

Enforcement and penalties.

(1)

Penalty for violation. Following oral or written notice by the person in charge of an area described in subsection (d)(3) of this section, or his designee, failure to cease smoking or using tobacco products constitutes an infraction punishable by a fine of not more than $50.00. A citation may be issued by a sworn law enforcement officer. Conviction of an infraction under this section has no consequence other than payment of a penalty, and no court costs may be assessed.

(2)

Additional sanctions for employees. In addition to any penalty under subsection (a) of this section, employees of the town who violate this section shall be subject to disciplinary action consistent with the town human resources policies.

(g)

Public education. The town shall engage in an ongoing program to explain and clarify the purposes and requirements of this section to employees and citizens affected by it and to guide operators and managers in their compliance with it. In doing so, the town may rely upon materials and information provided by the local health department.

(Code 2003, § 18-5; Ord. No. 09-29, § 1(exh. A), 12-17-2009; Ord. No. 13-09, 4-18-2013; altered in 2018 recodification)