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(a) For purposes of this section the following definitions shall apply:
(1) Registered sex offender. An individual who is registered by any state or federal agency as a sex offender and whose name is published on any state or federal registered sex offender listing, including but not limited to the sex offender registry established in Chapter 14, Article 27A of the North Carolina General Statutes.
(2) Public park. Any publicly owned, leased, operated or maintained land which is designated by the City of Asheville as a park or recreational facility.
(b) No registered sex offender shall enter into or upon any public park operated by the City of Asheville. Each entry into a public park, regardless of the time period between such entries, shall constitute a separate offense under this section.
(c) A violation of this section is a misdemeanor as set forth in G.S. § 14-4.
(d) The city manager or his or her designee shall post this regulation at the main entrance of each park within 30 days of passage of this section.
(Ord. No. 3428, § 1(a), 12-12-06)
The sale of malt beverages, unfortified wine, fortified wine, and mixed beverages shall be allowed within the corporate limits of the city beginning at 10:00 a.m. on Sundays pursuant to the licensed premises' permit issued under G.S. 18B-1001.
(Ord. No. 4595, § 1(a), 7-28-17)
Secs. 11-21—11-30. Reserved.
ARTICLE II. SMOKING
(a) It shall be unlawful for any person to smoke tobacco or any other substance or carry lighted cigars, lighted cigarettes, lighted pipes[, or any other lighted tobacco product] including the use of e-cigarettes, on any bus operated as part of the local public transportation system of the city.
(b) Signs or posters giving notice of the smoking prohibition shall be installed and prominently displayed in each city bus.
(Code 1965, § 14-8; Ord. No. 4396, § 1(1), 3-10-15)
Editor's note(s)—At the discretion of the editor, former § 11-14 had been renumbered as § 14-31 in order to accommodate the inclusion of Ord. No. 2050 as Art. II.
(a) It shall be unlawful for any person to smoke or carry a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product including the use of e-cigarettes, in any park or greenway, now or hereafter owned, leased, or occupied by the city; e-cigarettes means any electronic oral device, such as one composed of heating elements, battery, and/or electronic circuit, that contains or delivers nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, vape pen or under any other product name or descriptor, excluding any product regulated by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug and Cosmetic Act, excluding any product regulated by the United States Food and Drug Administration under Chapter V of the Federal Food, Drug and Cosmetic Act.
(b) It shall be unlawful for any person to smoke or carry a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product including the use of e-cigarettes, in any building or facility or the grounds of any building or facility, or portion thereof, now or hereafter owned, leased, operated, occupied, managed or controlled by the city, the Greater Asheville Regional Airport Authority, the Pack Place Education, Arts and Science Center, Inc. (“Pack Place”), or the Housing Authority of the City of Asheville, except in smoking areas which may be specially designated as follows:
(1) The Asheville Regional Airport Authority shall have the authority to designate smoking areas in any building or facility owned, leased, operated, occupied, managed or controlled by the Asheville Regional Airport Authority and on the grounds thereof. For the purposes of this subsection only, the term "grounds" shall mean the entirety of the Asheville Regional Airport and all portions thereof upon which no buildings or facilities have been constructed.
(2) The Asheville Art Museum Association, Inc. and Pack Place Performing arts (dba Worth Center for the Performing Arts), or other lessees of the Pack Place, shall have the authority to designate smoking areas within their respective leased premises.
(3) The Community Entertainment Facilities Commission shall have the authority to designate smoking areas within the Harrah’s Cherokee Center (dba Asheville Civic Center, City of Asheville) including the Area, the Thomas Wolfe Auditorium, the Exhibition Hall and the Banquet Hall and on the grounds thereof.
(4) The housing authority of the City of Asheville shall have the authority to designate smoking areas within each building or facility owned, leased, operated, occupied, managed, or controlled by the housing authority of the City of Asheville and the grounds thereof.
(5) Except for the areas identified in subsection (a) above, the city manager shall have the authority to designate smoking areas within all other city buildings or facilities owned leased, operated, occupied, managed or controlled by the city and on the grounds thereof.
(6) Nothing herein shall be construed so as to require that any portion of the buildings or grounds regulated hereby be set aside as smoking areas. Unless a portion of the buildings, facilities, or grounds hereby regulated are designated as a smoking area by the appropriate bodies, smoking shall be totally prohibited in each of the said buildings or facilities and on said grounds.
(7) As used in this section, the term "grounds" shall mean an unenclosed area owned, leased, or occupied by the City of Asheville.
(Ord. No. 2050, § 1, 9-28-93; Ord. No. 3849, § 1(a), 4-27-10; Ord. No. 4396, § 1(2, 3), 3-10-15; Ord. No. 5072, § 1(a), 4-23-24)
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