(A) Authority. This section is enacted pursuant to (for cities: NCGS 130A-498 and 160A- 174(a); for counties: NCGS 130A-498 and 153A-121(a)).
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
"E-CIGARETTE." Any electronic oral device that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to heat a liquid nicotine solution or any other substance, and the use or inhalation of which simulates smoking. The term shall include any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other product name or descriptor.
"EMPLOYEE." A person who is employed by the Town of Ayden parks system, or who contracts with the Town of Ayden parks system or a third person to perform services for the Town of Ayden parks system, or who otherwise performs services for the Town of Ayden parks system with or without compensation.
"GROUNDS." An unenclosed area owned, leased, or occupied by the Town of Ayden parks system.
"LOCAL HEALTH DEPARTMENT." The district health department, public health authority, or county health department, the jurisdiction of which includes the Town of Ayden parks system.
"PUBLIC PLACE." An enclosed area to which the public is invited or permitted.
"SMOKING." The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
"TOBACCO PRODUCT." Any product containing or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, or ingested by any other means, including but not limited to cigarettes; e- cigarettes; cigars; little cigars; snuff; and chewing 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 OF AYDEN PARKS SYSTEM VEHICLE." A passenger-carrying vehicle owned, leased, or otherwise controlled by the Town of Ayden parks system and assigned permanently or temporarily to its employees, agencies, institutions, or facilities for official Town of Ayden parks system business.
"TOWN OF AYDEN PARKS SYSTEM." Any tract of land or body of water comprising part of the Town of Ayden's parks, playgrounds, recreation areas, greenways, or trails.
"TOWN OF AYDEN PARKS SYSTEM BUILDING." A building owned, leased as lessor, or the area leased as lessee and occupied by the Town of Ayden parks system.
"UNIVERSAL 'NO SMOKING AND USE OF TOBACCO PRODUCTS PROHIBITED' SYMBOL." 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.
"UNIVERSAL 'NO SMOKING' SYMBOL." Symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
(C) Areas in which smoking and the use of tobacco products are prohibited.
(1) Smoking and the use of tobacco products are prohibited:
(a) On the grounds of the Town of Ayden's parks system; and
(b) In the Town of Ayden buildings located in the Town of Ayden parks system.
(2) The prohibition on smoking and the use of tobacco products in the places listed in section (a) above includes those times when they are being used for private events.
(D) Areas in which smoking and the use of e-cigarettes are prohibited.
(1) Smoking and the use of e- cigarettes are prohibited: in all enclosed areas of public places within the Town of Ayden parks system, excluding those places identified in NCGS 130A-498(bl) as being exempt from smoking restrictions, including certain tobacco shops, premises of tobacco manufacturers and growers, smoking guest rooms in lodging establishments, certain cigar bars, private clubs, and live production sets.
(2) The prohibition on smokinfi and the use of e-cigarettes in the places listed in division (1) above includes those times when they are being used for private events.
(E) Implementation Requirements.
(1) The Town of Ayden parks system and persons who manage, operate, or control a public place shall post signs that meet all the requirements in division (F) of this section.
(2) The Town of Ayden parks system and persons who manage, operate, or control a public place shall remove all ashtrays and other smoking receptacles from places where smoking and tobacco products are prohibited, except for ashtrays and receptacles for sale and not intended for use on the premises.
(3) The person in charge of the Town of Ayden parks system building, vehicle, or grounds or his or her 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 of Ayden Police Department.
(F) Signage. The signs required by division (E) must:
(1) State in English the applicable prohibition for the area (e.g. smoking and the use of tobacco products are prohibited) and include the applicable universal symbol (e.g., the "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 in each Town of Ayden parks system 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.
(4) Be posted on Town of Ayden parks system grounds in locations and at intervals reasonably calculated to inform employees and the public of the prohibition.
(5) Be posted at the entrance to buildings in the Town of Ayden parks system;
(6) Be posted on the grounds in the Town of Ayden parks systemjn locations and at intervals reasonably calculated to inform employees and the public of the prohibition.
(7) Be posted at the entrance to each enclosed public place and in other locations within the enclosed public place reasonably calculated to inform employees and the public of the prohibition.
(G) Enforcement and penalties.
(1) Penalty for violation following oral or written notice by the person in charge of an area described in divisions (C) and (D), or his or her designee, failure to cease smoking or using tobacco products constitutes an infraction punishable by a fine of not more than $50. 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 division (1), employees of the Town of Ayden who violate this section shall be subject to disciplinary action consistent with the Town of Ayden human resources policies.
(3) Violations by persons who manage, operate, or control a public place. A local health director may take the following actions and may impose the following administrative penalty on a person who manages, operates, or controls a public place and fails to comply with the provisions of this section.
(a) First violation. Written notice of the person's first violation and notification action to be taken in the event of subsequent violations.
(b) Second violation. Written notice of the person's second violation and notification of administrative penalties to be imposed for subsequent violations.
(c) Third and subsequent violations. Impose an administrative penalty of not more than $200. Each day on which a violation occurs may be considered a separate and distinct violation.
(H) Public education. The Town of Ayden parks system_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 of Ayden parks systemjnay rely upon materials and information provided by the local health department.
(Ord. 17-18-12, passed 11-14-17)