(A) Authority. This section is enacted pursuant to G.S. §§ 130A-498 and 160A-174(a).
(B) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
E-CIGARETTE. Any electronic oral device that employs a mechanical heating element, battery, or electronic circuit regardless of 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.
EMPLOYEE. A person who is employed by the town parks system, or who contracts with the town parks system or a third person to perform services for the town parks system, or who otherwise performs services for the town parks system with or without compensation.
GROUNDS. An unenclosed area owned, leased, or occupied by the town parks system.
LOCAL HEALTH DEPARTMENT. The district health department, public health authority, or county health department, the jurisdiction of which includes the town parks system.
PUBLIC PLACE. An enclosed area to which the public is invited or permitted.
SMOKING. The use or possession of a lighted cigarette, lighted cigar, lighted pipe, or any other lighted tobacco product.
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.
TOWN PARKS SYSTEM. Any tract of land or body of water comprising part of the town parks, playgrounds, recreation areas, greenways, or trails.
TOWN PARKS SYSTEM BUILDING. A building owned, leased as lessor, or the area leased as lessee and occupied by the town parks system.
TOWN PARKS SYSTEM VEHICLE. A passenger-carrying vehicle owned, leased, or otherwise controlled by the town parks system and assigned permanently or temporarily to its employees, agencies, institutions, or facilities for official town parks system business.
UNIVERSAL ‘NO SMOKING’ SYMBOL. Symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it.
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.
[In the following division(s), this section will list the activities that are banned and the places in which they are banned. If there are variations in what activities are banned in different places, use as many divisions as needed to express these variations. In divisions (C) and (D) below, we give examples of the activities and places you may wish to ban smoking/the use of tobacco products/the use of e-cigarettes. Please tailor this list to fit the needs of your jurisdiction.]
(C) Areas in which smoking and the use of tobacco products are prohibited.
(1) Smoking and the use of tobacco products are prohibited:
(a) On the grounds of the town's parks system; and
(b) In the town buildings located in the town park system.
(2) The prohibition on smoking and the use of tobacco products in the places listed in division (C)(1) above includes those times when they are being used for private events.
(D) Areas in which smoking and the use of e-cigarettes are prohibited.
(1) Smoking and the use of e-cigarettes are prohibited in all enclosed areas of public places within the town parks system, excluding those places identified in G.S. § 130A-498(b1) as being exempt from smoking restrictions, including certain tobacco shops, premises of tobacco manufacturers and growers, smoking guest rooms in lodging establishments, certain cigar bars, private clubs, and live production sets.
(2) The prohibition on smoking and the use of e-cigarettes in the places listed in division (D)(1) above includes those times when they are being used for private events.
(E) Implementation requirements.
(1) The town parks system and persons who manage, operate, or control a public place shall post signs that meet all the requirements in division (F) below.
(2) The town parks system and persons who manage, operate, or control a public place shall remove all ashtrays and other smoking receptacles from places where smoking and tobacco products are prohibited.
(3) The person in charge of the town parks system building, vehicle, or grounds or his or her designee, shall direct a person who is smoking or using a tobacco product in a prohibited area to cease and, if the person does not comply, shall contact the town Police Department.
(F) Signage. The signs required by division (E) must:
(1) State in English the applicable prohibition for the area (e.g., smoking and the use of tobacco products are prohibited) and include the applicable universal symbol (e.g., the “No Smoking and Use of Tobacco Products Prohibited” symbol).
(2) Be of sufficient size to be clearly legible to a person of normal vision, and be conspicuously posted.
(3) Be posted on town parks system grounds in locations and at intervals reasonably calculated to inform employees and the public of the prohibition.
(4) Be posted at the entrance to buildings in the town parks system;
(5) Be posted on the grounds in the town parks system in locations and at intervals reasonably calculated to inform employees and the public of the prohibition.
(6) Be posted at the entrance to each enclosed public place and in other locations within the enclosed public place reasonably calculated to inform employees and the public of the prohibition.
(Ord. 18-O-081, passed 1-8-2018) Penalty, see § 95.999