(A) Definitions. The following definitions, taken directly from G.S. §§ 130A-492 and 14-313(a) and to be amended by any amendments to G.S. §§ 130A-492 or 14-313(a), apply to this section:
EMPLOYEE. A person who is employed by an employer, or who contracts with an employer or third person to perform services for an employer, or who otherwise performs services for an employer with or without compensation.
GROUNDS. An unenclosed area owned, leased, or occupied by local government.
LOCAL GOVERNMENT BUILDING. A building owned, leased as lessor, or the area leased as lessee and occupied by a local government.
LOCAL VEHICLE. A passenger-carrying vehicle owned, leased, or otherwise controlled by local government and assigned permanently or temporarily by local government to local government employees, agencies, institutions, or facilities for official local government business.
SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
TOBACCO PRODUCTS. Any product that contains tobacco and is intended for human consumption, and any other items containing or reasonably resembling tobacco or tobacco products.
(B) Areas in which smoking and tobacco use are prohibited. Smoking and the use of tobacco products is prohibited:
(1) In any local government building, except in outside areas designated by the County Manager at local government buildings that are not:
(a) Occupied by, operated by or used to perform services by the Dare County Department of Health and Human Services*; or
(b) Buildings operated by or occupied by the Dare County Parks and Recreation Department;
(2) In any local government building in which smoking is prohibited as of April 16, 2012;
(3) In any local vehicle owned, leased, or operated by Dare County; and
(4) On any grounds that are owned, leased, occupied, or operated by Dare County except specific areas upon grounds which may be designated by the County Manager, adjoining a local government building, to serve as the smoking area for those buildings in which smoking may be permitted under the provisions of division (B)(1) above.
(C) Implementation.
(1) Persons in charge of a building, vehicles and grounds or his or her designee shall post signs that meet all the requirements in division (D) below.
(2) The person in charge of a building and grounds or his or her designee shall remove all ashtrays and other smoking receptacles.
(3) The person in charge of a building, vehicle or grounds or his or her designee who sees an individual using a tobacco product who is in violation of this ordinance must ask that individual to stop using the tobacco product.
(D) Signage.
(1) The signs required by division (C) above must:
(a) State that tobacco use is prohibited and the sign must 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);
(b) In areas where smoking may be permitted, the sign must include the language “No Smoking and Smokeless Tobacco Except In Designated Areas” and the international no smoking 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);
(c) Be posted at each building entrance and on the grounds at a height and location easily seen; and
(d) Be in legible font type.
(2) Persons in charge of vehicles identified in division (B) above or his or her designee shall post signs in the 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 operation of the vehicle.
(3) Nothing in this section prohibits a person in charge of buildings, grounds and 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.
(4) The person in charge of buildings, grounds and vehicles must determine whether signs should be posted in languages other than English.
(E) Enforcement; penalties.
(1) Violations by employees. Employees who violate this section shall be subject to sanctions consistent with Dare County human resources policies.
(2) Violations by other persons. Any person who, following oral or written notice by the person in charge of the area or the person’s designee, continues to smoke or to use tobacco products in an area where smoking or tobacco use is prohibited by division (B) above commits an infraction. Pursuant to G.S. § 130A-498(c1), the person committing the infraction may be punished by a fine of not more than $50 and may not be assessed court costs. Conviction of an infraction under this section has no consequence other than payment of a penalty.
(3) Any amendments to the enforcement or penalty provisions listed in G.S. § 130A-498(c1) apply to this section.
(Prior Code, § 34.02) (Ord. passed 10-4-1993; Am. Ord. passed 4-4-1994; Am. Ord. passed 4-16-2012; Am. Ord. passed 1-20-2015; Am. Ord. passed 3-7-2022) Penalty, see § 10.99
*Note:
Medicaid prohibits the use of tobacco and/or tobacco products, as defined in Dare County Code of Ordinances Section 34.02 Paragraph A Definitions, on or around the facilities of any provider of services who bills Medicaid for said services.
Statutory reference:
Authority to prohibit smoking, see G.S. §§ 143-595 et seq.