(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
COUNTY. Lincoln County government, including all agencies and departments of Lincoln County government.
COUNTY BUILDING. A building owned, leased as lessor, or the area leased as lessee and occupied by Lincoln County government.
COUNTY VEHICLE. A passenger-carrying vehicle owned, leased or otherwise controlled by Lincoln County government and assigned permanently or temporarily by Lincoln County government to its employees, agencies, institutions or facilities for official business.
HEALTH DEPARTMENT CAMPUS. The building, and all surrounding real property owned by Lincoln County, located at 200 Gamble Drive, Lincolnton, NC 28092.
DEPARTMENT OF SOCIAL SERVICES CAMPUS. The building, and all surrounding real property owned by Lincoln County, located at 1136 E. Main Street, Lincolnton, NC 28092.
ELECTRONIC CIGARETTE or E-CIGARETTE. An electronic oral device that employs a mechanical heating element, battery, or electronic circuit, regardless of its 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.
SMOKING. The use of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product as well as electronic cigarettes.
TOBACCO or 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. Electronic cigarettes are also considered to be a TOBACCO PRODUCT.
(B) Prohibition on the use of tobacco or tobacco products in county buildings. The use of tobacco or tobacco products is prohibited in all county buildings.
(C) Prohibition on the use of tobacco or tobacco products in county vehicles. The use of tobacco or tobacco products is prohibited in all county vehicles.
(D) Prohibition on use of tobacco or tobacco products on county campuses. The use of tobacco or tobacco products is prohibited on the Health Department campus and the Department of Social Services campus. This prohibition shall include the buildings, and all grounds surrounding those buildings, that are owned and operated by Lincoln County.
(E) Prohibition on use of tobacco or tobacco products within 50 feet of county buildings. The use of tobacco or tobacco products is prohibited within 50 feet of all entrances to all county buildings.
(G) Enforcement.
(1) Enforcement officer. This section shall be enforced by the County Manager, any department director having supervisory authority over the county building or county vehicle related to the infraction, any sworn law enforcement officer, or any county code enforcement officer.
(2) Penalty for violation. After verbal or written notice of an infraction, an individual’s failure to cease tobacco or tobacco product use shall constitute an infraction, and the individual committing the infraction shall be issued a citation in the amount of $50.
(Ord. passed 1-22-2024)