(A) Purpose. The possession of lighted smoking materials in public places is a nuisance, and is hazardous to the public health, safety, comfort, convenience, and indoor environment of those who use public buildings. Likewise, the use of nonsmokable tobacco products, such as snuff and chewing tobacco, require periodic spitting of saliva laden with tobacco products which also is offensive to the public, and because it offers the possibility of communicating disease and creating slippery floor surfaces and other unsanitary conditions, is offensive to the public health, safety, comfort, and convenience of those who use public buildings owned and/or controlled by Newberry County. The purpose of this section is to regulate the use of tobacco products inside public buildings and to provide penalties for the violation of this section.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
TOBACCO PRODUCTS. Cigarettes, cigars, pipes containing loose tobacco, chewing tobacco, snuff, and any other form of tobacco not specified hereinbefore.
(C) Offense. The possession of lit cigarettes, cigars, or pipes anywhere in a public building owned and/or controlled by Newberry County in this section shall be illegal, unless otherwise authorized by this section. The chewing of tobacco or the possession of tobacco in the oral cavity while in a public building owned and/or controlled by Newberry County shall be illegal, unless otherwise authorized by this section. It shall not be an offense under this section to possess unlit cigarettes, cigars, or pipes, or to possess chewing tobacco or snuff that is carried in its original package, and not used in the oral cavity. This section does prohibit the chewing or carrying in the mouth of unlit cigars or cigarettes while in public buildings owned and/or controlled by Newberry County.
(D) Exceptions.
(1) The agency head in charge of a public building, or the County Administrator, may designate areas on the outside of a public building for use by the employees, and members of the public, for the smoking of tobacco products or for otherwise indulging in tobacco products during employee break periods, or on occasions when the public has business in the public building.
(2) The Sheriff, as custodian of the Newberry County Detention Center, because of the requirements of jail security, is authorized to set aside an interior room in the jail for smoking and other use of tobacco, provided, however, that the room shall be arranged in such a way that the smoke-contaminated air shall be vented to the outside of the building and shall not be allowed to enter into the ventilation system for the jail structure.
(E) Enforcement procedure. Persons accused of violating this section can be brought before a court of competent jurisdiction either by arrest, if the perpetrator violates this section in the presence of a duly commissioned law enforcement officer, by arrest warrant, or by uniform or ordinance summons, as authorized by state law, upon adoption by Newberry County of a system for the implementation of the uniform ordinance summons provisions for violations of county ordinances as provided by S.C. Code § 56-7-80, as amended. Upon adoption of those provisions, alleged violators shall not be subject to immediate custodial arrest or to arrest by arrest warrant, but shall be issued ordinance summonses, without being required to immediately post bond, and shall be required to appear in court at a specified time and date, all as provided by S.C. Code § 56-7-80. Any persons who shall violate the provisions of S.C. Code § 56-7-80 shall be subject to the penalties provided therein.
(F) Notice to public. The public buildings which are subject to the restrictions of this section shall be designated as such by the Newberry County Administrator by the posting of 1 or more signs, at least 1 of which is to be at or near the main entrance to the building. The signs shall notify persons that the use of tobacco products, both of the smoking type and nonsmoking type, is prohibited in that building. The buildings to be designated include, but are not limited to, the following:
(1) Newberry County Courthouse, Courthouse Annex and Auditor’s and Treasurer’s Building;
(2) The Community Hall (old Courthouse);
(3) Newberry County Agriculture Building;
(4) Newberry County Hospital;
(5) Newberry County Maintenance Garage and Animal Control facilitates;
(6) Newberry County Airport buildings, except those leased to or controlled by private parties;
(7) Newberry County Law Enforcement Complex (except for the area which the Sheriff is allowed to designate as a tobacco use area);
(8) Newberry County fairground buildings;
(9) Old Newberry County Armory (except those areas leased to or controlled by private parties).
(10) Health and Human Services Building;
(11) Newberry County Detention Center and Magistrate’s Court; and
(12) Newberry County Emergency Operations Center.
(G) Effective date. This section shall be effective 7-1-1993.
(Ord. 134, passed 6-10-1993) Penalty, see § 30.99