(A) In designated enclosed places. Smoking shall be prohibited in the following places within the town:
(1) All enclosed areas available to and customarily used by the general public, elected or appointed town officials and employees, included but not limited to the following:
(a) Hazardous material or operations areas;
(b) Mechanical areas;
(c) Computer and sensitive office equipment areas;
(d) Conference rooms (during meetings of three or more persons);
(e) Private offices;
(f) Classrooms;
(g) Restrooms;
(h) Hallways;
(i) Any assembly room;
(j) Open enclosed work areas shared by two or more employees.
(2) There may be, subject to the approval of the Town Manager, separate areas designated as smoking rooms so long as the areas are separate and apart from the general areas patronized by the public and occupied by employees of the town.
(`88 Code, § 13-63)
(B) In places of employment.
(1) It shall be the responsibility of all department heads to submit to the Town Manager for final approval of any area believed suitable for designation as a "Smoking Area." It shall be incumbent on each department head to enforce the provisions of this section.
(2) Each department head in each building of the town shall adopt, implement and make known a written smoking policy, which shall contain at a minimum the following requirements:
(a) Prohibition of smoking in hazardous material or operations areas, mechanical areas, computer and sensitive office equipment areas, conference rooms (during meetings of three or more persons), private offices, classrooms, restrooms, hallways, any assembly rooms and open enclosed work areas shared by two or more employees;
(b) In any dispute arising under this smoking policy, the rights of the nonsmoker shall be given precedence;
(c) The smoking policy shall be communicated to all employees within 30 days after its adoption and at least annually thereafter;
(d) "No Smoking" signs shall be posted as prescribed by the Manager.
(`88 Code, § 13-64)
(C) Aviation Park, including the skate park, hockey rink, Frog Pond, Paws Dog Park, and any future improved areas connected to these facilities; Hayman Boulevard Park; Meekins Field; Copley Drive Park; the Disc Golf Course; Nags Head Woods Multi-Purpose Trail; and Ocean Bay Boulevard Bathhouse are hereby declared smoke-free areas in the Town of Kill Devil Hills and all use of tobacco or tobacco products is hereby prohibited.
(Ord. 92-01, passed 1-13-92; Am. Ord. 10-25, passed 11-10-10; Am. Ord. 17-4, passed 6-10-19)