(A) Authority. This subchapter is enacted pursuant to G.S. § 130A-498 and G.S. § 153A-121.
(B) Definitions. For the purpose of this subchapter, the following definitions shall apply:
COUNTY BUILDING. A building owned by Wake County, leased as lessor by Wake County, or the area leased as lessee by Wake County and/or occupied by Wake County, within the meaning of "local government building" as defined by G.S. § 130A-492(8).
COUNTY GROUNDS. An unenclosed area owned, leased, or occupied by Wake County within the meaning of "grounds" as defined by G.S. § 130A-492(6). This includes Wake County parks, playgrounds and athletic fields, greenways, trails, and open space lands owned, leased, or occupied by Wake County.
COUNTY VEHICLE. A passenger-carrying vehicle owned, leased, or otherwise controlled by Wake County and assigned permanently or temporarily by Wake County to Wake County employees, agencies, institutions, or facilities for official Wake County business, within the meaning of "local vehicle" as defined by G.S. § 130A-492(9).
INDOOR PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, within the meaning of "public place" as defined by G.S. § 130A-492(14). A private residence is not a public place.
MANAGER. The individual exercising the powers and duties of manager for Wake County pursuant to G.S. § 153A-82.
SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product as defined by G.S. § 130A-492(16).
TOBACCO PRODUCT. Any product that contains tobacco or nicotine, irrespective of whether the nicotine is tobacco-derived or synthetic, and is intended for human consumption, as defined by G.S. § 14-313(4). As used in this subchapter, TOBACCO PRODUCT includes but is not limited to: cigarettes, cigars, pipe tobacco, electronic cigarettes, hookah, smoked or vaped tobacco substitutes, chewing tobacco, snuff, snus, dissolvable tobacco products, and heated tobacco products. As used in this subchapter, TOBACCO PRODUCT does not include nicotine replacement products approved by the U.S. FDA for treatment of tobacco use and dependence.
VAPOR PRODUCT. Any non-combustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size that can be used to heat a liquid nicotine solution contained in a vapor cartridge as defined by G.S. § 14-313(5).
(C) Areas where smoking, use of tobacco products, and use of vapor products are prohibited.
(1) Smoking, use of tobacco products, and use of vapor products are prohibited in any county building, any county vehicle, and on any county grounds. The prohibition on smoking, use of tobacco products, and use of vapor products in these places includes those times when they are being used for private events.
(2) Smoking, use of tobacco products, and use of vapor products are prohibited in any indoor public place located within unincorporated Wake County. The prohibition on smoking, use of tobacco products, and use of vapor products in indoor public places includes those times when they are being used for private events.
(3) The prohibition on smoking, use of tobacco products, and use of vapor products in indoor public places does not apply to those specific places identified in G.S. § 130A-498(b1) as being exempt from smoking restrictions, including certain tobacco shops, premises of tobacco products manufacturers and tobacco growers, designated smoking guest rooms in lodging establishments, certain cigar bars, private clubs, and live motion picture, television, or theater production sets.
(4) The Manager shall direct conspicuous and clear signage to be posted at reasonable intervals in all county buildings and grounds where smoking, use of tobacco products, and use of vapor products are prohibited by this subchapter.
(5) This subchapter does not prohibit smoking, use of tobacco products, and use of vapor products on public streets or sidewalks.
(D) Public education. Wake County shall engage in an ongoing program to explain and clarify the purposes and requirements of this subchapter to residents and businesses affected by it, and guide operators and managers in their compliance with it. In doing so, Wake County may rely on materials and information provided by the Wake County Department of Health and Human Services.
(Ord. passed 12-22-2015; Res. passed 11-9-2022)