§ 26-16. Use of tobacco.

(a)

Authority. The ordinance codified in this section is enacted pursuant to G.S. 130A-498 and 160A-174(a).

(b)

Definitions. The following definitions are applicable to this section:

Smoking. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or the use of any other lighted tobacco product.

Tobacco product. Any product containing, derived, or made 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; electronic cigarettes; electronic hookahs; electronic pipes; vaping products; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rub and other smoking tobacco; snuff; snuff flour; Cavendish; plug and twist 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, when such product is being marketed and sold solely for such an approved purpose.

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

Town grounds. The non-built upon area of town-owned property.

Town vehicle. 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.

(c)

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

(1)

Smoking and the use of tobacco products and including the use of smokeless tobacco products are prohibited:

a.

In any town building or on town grounds as herein defined;

b.

In any town vehicle as herein defined;

c.

On any town grounds owned solely by the town except the town's beach accesses.

(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 town buildings.

(e)

Signage.

(1)

Signs will include an express reference to, "smoke-free" or "tobacco-free" and may include the international "No Smoking and Smokeless Tobacco" symbol (which consists of a pictorial representation of a burning cigarette and smokeless tobacco product enclosed in a red circle with a red bar across it).

(2)

Signs will be posted at each town building entrance and on town grounds at a height and location easily seen.

(3)

Signs will be in legible font type.

(4)

Persons in charge of town vehicles or his or her designee shall post signs in the town vehicles explaining the prohibition. The signs must be displayed in areas where passengers will be able to see the signs but the placement of the signs must not interfere with the safe operations of the town vehicle.

(5)

Nothing in this policy prohibits a person in charge of town buildings, town grounds and town vehicles from posting additional signs in areas where smoking is prohibited. For example, signs may be posted in other areas where people are likely to want to use tobacco products, such as in bathrooms or in dining areas.

(f)

Enforcement and penalties.

Penalty for violation. Following oral or written notice by the person in charge of an area described in subsection (c) above, or his or her designee, failure to cease smoking or using tobacco products constitutes an infraction punishable by a civil penalty of not more than $50.00. A civil penalty may be issued by a sworn law enforcement officer.

(g)

Severability; conflict of laws. If the ordinance codified in this section or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance that can be given separate effect and to that end the provisions of this section are declared to be severable. All ordinances or parts of ordinances in conflict with this section are hereby repealed.

(Ord. No. 17-12-019 , §§ 1—7, 12-6-2017)