Skip to code content (skip section selection)
Compare to:
Greenville County Overview
Meeting Minutes
Greenville County, SC Code of Ordinances
GREENVILLE COUNTY, SOUTH CAROLINA CODE OF ORDINANCES
CHAPTER 1: GENERAL PROVISIONS
CHAPTER 2: ADMINISTRATION
CHAPTER 2.5: ADULT-ORIENTED BUSINESSES
CHAPTER 3: AMUSEMENTS
CHAPTER 4: ANIMALS AND FOWL
CHAPTER 5: BUILDINGS AND CONSTRUCTION
CHAPTER 6: EMERGENCY MANAGEMENT
CHAPTER 7: FINANCE AND TAXATION
CHAPTER 8: FLOOD CONTROL, DRAINAGE, STORMWATER MANAGEMENT
CHAPTER 9: GARBAGE AND REFUSE
CHAPTER 10: HUMAN RELATIONS AND RESOURCES
CHAPTER 11: LAW ENFORCEMENT
CHAPTER 12: LIBRARIES, MUSEUMS AND CULTURAL FACILITIES
CHAPTER 13: MOBILE AND MANUFACTURED HOMES; TRAILERS
CHAPTER 14: MOTOR VEHICLES AND TRAFFIC
CHAPTER 15: OFFENSES AND MISCELLANEOUS PROVISIONS
CHAPTER 16: RESERVED
CHAPTER 17: PLANNING AND DEVELOPMENT
CHAPTER 18: ROADS, HIGHWAYS AND RIGHTS-OF-WAY
CHAPTER 19: SIGNS
CHAPTER 20: UTILITY SERVICES
CHAPTER 21: BUSINESS REGULATIONS
APPENDIX A: ZONING ORDINANCE
APPENDIX B: RESERVED
APPENDIX C: LAND DEVELOPMENT REGULATIONS
APPENDIX D: FRANCHISES
APPENDIX E: STORMWATER BANKING PROGRAM MANUAL
TABLE OF ORDINANCES
PARALLEL REFERENCES
ARTICLE II: SMOKING
Section
Division 1. Generally
   15-21   Findings
   15-22   Purpose
   15-23   Restrictions
   15-24   Designation of smoking areas
   15-25   Responsibility of proprietors
   15-26   Penalties
   15-27   Injunction
   15-28—15-30   Reserved
Division 2. Smoking on County Property
   15-31   Smoking prohibited in county buildings
   15-32   Smoking areas in county buildings
   15-33   Smoking prohibited in certain public transportation vehicles for hire
   15-34—15-40   Reserved
Division 3. Sale of Tobacco Products to Minors Through Vending Machines
   15-41   Authority; findings
   15-42   Definitions
   15-43   Prohibition
   15-44   Penalties
   15-45—15-50   Reserved
DIVISION 1. GENERALLY
§ 15-21 FINDINGS.
   The county council hereby finds that:
   (1)   The Surgeon General of the United States has declared that smoking is the number 1 public health issue of our time;
   (2)   The United States Environmental Protection Agency has concluded that passive smoking appears to pose a public health risk larger than the hazardous air pollutants from all industrial emissions combined;
   (3)   The County of Greenville recognizes the increasing evidence that smoke creates a danger to the health of some citizens, and is a cause of annoyance and discomfort to those who are in confined spaces where smoke is present;
   (4)   It is the right of citizens to be able to choose for themselves to smoke either actively or passively;
   (5)   It is the policy of this county to require food product establishments which have enclosed dining areas to provide adequate seating for those patrons who prefer to dine in a non-smoking area;
   (6)   It is desirable to authorize employers to designate non-smoking areas in certain workplaces;
   (7)   In order to protect the health and welfare of those citizens, as well as to protect the rights of smokers and non-smokers, it is necessary to restrict smoking in public places except in areas designated as smoking areas; and
   (8)   The citizens of Greenville have demonstrated a desire to comply with county ordinances which protect public health and welfare.
(1976 Code, § 15-21) (Ord. 2065, § 1, passed 1-16-1990)
§ 15-22 PURPOSE.
   The possession of lighted smoking materials in public places may be hazardous to the public health, safety, comfort, convenience and indoor environment. The purpose of this division is to protect the public by restricting the possession of lighted smoking materials to designated smoking areas within public places. This section is intended to protect the public from the involuntary inhalation of tobacco smoke in places which are normally frequented by the general public. It is not intended to restrict smoking in purely private places.
(1976 Code, § 15-22) (Ord. 2065, § 2, passed 1-16-1990)
§ 15-23 RESTRICTIONS.
   (a)   Except as provided in subsection (b), the possession of lighted smoking materials in any form, including but not limited to the possession of lighted cigarettes, cigars, pipes, or other tobacco products, is prohibited in any of the following places used by or open to the public:
      (1)   Retail stores or service establishments in excess of 1,000 square feet of space, provided that smoking may be allowed in the common area of shopping malls.
      (2)   Restaurants, with the exception of those seating fewer than 100 patrons.
      (3)   Any vehicle of public transportation, including but not limited to trains, buses, limousines for hire and taxicabs.
      (4)   Elevators (a “no-smoking” sign shall be posted in each such elevator).
      (5)   Libraries, educational facilities, museums, auditoriums and art galleries.
      (6)   Any public area of a health care facility, including but not limited to laboratories associated with the rendering of health care treatment, hospitals, rest homes, doctors’ offices and dentists’ offices.
      (7)   Any indoor place of entertainment or recreation, including but not limited to gymnasiums, theaters, concert halls, arenas and swimming pools.
   (b)   The restrictions set forth in subsection (a) above shall not apply to:
      (1)   Areas which are specifically designated as smoking areas in accordance with § 15-24.
      (2)   An entire room or hall which is used for private social functions.
      (3)   Limousines for hire and taxicabs, where the driver and all passengers affirmatively consent to smoking in such vehicle.
      (4)   Factories, warehouses, and similar places of work not usually frequented by the general public.
      (5)   Performers upon the stage, provided that the smoking is a part of a theatrical production.
      (6)   In a location that is a retail or service establishment primarily engaged in the sale of tobacco, tobacco products or smoking implements.
      (7)   A restaurant which has indoor seating for fewer than 100 patrons.
      (8)   A private club.
(1976 Code, § 15-23) (Ord. 2065, § 3, passed 1-16-1990)
§ 15-24 DESIGNATION OF SMOKING AREAS.
   (a)   Smoking areas, including the open common area of malls, may be designated by proprietors or other persons in charge of places described in § 15-23(a), except in places in which smoking is otherwise prohibited by the fire marshal, or by other statute, ordinance or regulation. The size of the designated smoking areas in restaurants seating 100 or more persons should closely approximate the ratio of smokers to nonsmokers who patronize the establishment as long as any nonsmoker is provided a seat in a nonsmoking section if so requested. However, in all cases, the smoking area cannot:
      (1)   Include the entire establishment;
      (2)   Include cashier areas, over-the-counter service or sales areas, and service or sales lines; or,
      (3)   Be larger than 75% of the common area of the establishment.
   (b)   Subsection (a) above shall not be construed to require proprietors or other persons in charge of places described in subsection 15-23(a) to provide smoking areas.
   (c)   Where smoking areas are designated, existing barriers and/or ventilation systems should be used where practicable to minimize the irritating and toxic effects of smoke in adjacent no-smoking areas.
   (d)   No public place described in subsection 15-23(a), other than a restaurant which derives more than 50% of its gross receipts from the sale of alcoholic beverages, shall be designated as a smoking area in its entirety; provided, that if such a facility is designated as a smoking area in its entirety, this designation shall be conspicuously posted on all entrances normally used by the public.
   (e)   Notwithstanding any other provision of this section, where smoking areas can be established in any governmentally owned or operated facility without subjecting the public to the hazards and inconvenience of ambient smoke, the person in charge of said public place may designate smoking areas.
(1976 Code, § 15-24) (Ord. 2065, § 4, passed 1-16-1990)
§ 15-25 RESPONSIBILITY OF PROPRIETORS.
   (a)   The proprietor or other person having control of a place described in § 15-23(a) shall:
      (1)   Arrange seating to provide a non- smoking area in accordance with § 15-24, and provide a seat in a non-smoking area for all persons requesting such a seat; and,
      (2)   Post a no-smoking sign or signs in sufficient numbers so as to be easily visible from all sections of the no-smoking area.
   (b)   Establishments set forth in § 15-23(a) above which do not provide a no-smoking area shall post a sign conspicuous to public view at each public entrance which shall contain the words “No Non-Smoking Section Provided.”
   (c)   This section does not require the owner, operator, employer, manager or any employee of an establishment to report a violation or to take any action against any individual violating the section. Nor shall this section prohibit any such action.
(1976 Code, § 15-25) (Ord. 2065, § 5, passed 1-16-1990)
Loading...