CHAPTER 95: SMOKING AND OTHER TOBACCO PRODUCTS
Section
   95.01   Authority
   95.02   Definitions
   95.03   Areas in which smoking and tobacco products are prohibited
   95.04   Implementation requirements
   95.05   Signage
   95.06   Public education
 
   95.99   Penalty
§ 95.01 AUTHORITY.
   This chapter is enacted pursuant to G.S. §§ 130A-498 and 160A-174(a).
(Ord. 2015-01, passed 5-19-2015)
§ 95.02 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   EMPLOYEE. A person who is employed by the town, or who contracts with the town or a third person to perform services for the town, or who otherwise performs services for the city with or without compensation.
   GROUNDS. An unenclosed area owned, leased, or occupied by the town.
   LOCAL HEALTH DEPARTMENT. The district health department, public health authority, or county health department, the jurisdiction of which includes the town.
   PARKS SYSTEM. Any tract of land or body of water comprising part of the town's parks, playgrounds, natural areas, recreation areas, trails and greenways, and streams or other bodies of water.
   SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
   TOBACCO PRODUCT. Any product containing, made, or derived from tobacco that is intended for human consumption, whether chewed, smoked, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, or any component part or accessory of a tobacco product, including, but not limited to, cigarettes; cigars; little cigars; cheroots; stogies; periques; granulated, plug cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour, Cavendish; plug and twist tobacco; fine-cut and other chewing tobacco; shorts, refuse scraps, clippings, cutting and sweepings of tobacco; and other kinds and forms of 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.
   TOWN BUILDING. A building owned, leased as lessor, or the area leased as lessee and occupied by the town.
   UNIVERSAL 'NO SMOKING AND USE OF TOBACCO PRODUCTS PROHIBITED' SYMBOL. Symbol consisting of a pictorial representation of a burning cigarette and a tobacco product enclosed in a red circle with a red bar across it.
(Ord. 2015-01, passed 5-19-2015)
§ 95.03 AREAS IN WHICH SMOKING AND TOBACCO PRODUCTS ARE PROHIBITED.
   (A)   Smoking and the use of tobacco products are prohibited:
      (1)   In any building owned, leased, or occupied, as herein defined, by the town;
      (2)   In any town vehicle owned, leased, or controlled by the town; and
      (3)   On any grounds and parks system that are owned, leased, or controlled by the town, unless specifically designated as a smoking area(s).
   (B)   Smoking and the use of tobacco products are prohibited in town buildings and on town grounds being used for private events.
(Ord. 2015-01, passed 5-19-2015)
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