(A) Scope. This section shall be applicable to all buildings owned, leased or occupied by the town, or by any of its departments or agencies.
(B) Authority. This section is adopted pursuant to the authority of G.S. § 160A-174.
(C) Purpose. The purpose of this section is to protect the health, safety and welfare of municipal employees. It is also in the public interest to improve indoor air quality, reduce fire hazards, and minimize any health risks associated with involuntary exposure to environmental tobacco smoke.
(D) Definition. For the purpose of this section, SMOKING shall mean the inhaling, exhaling, burning or carrying of a lighted pipe, cigar, cigarette or other combustible tobacco product.
(E) Municipal building. It shall be unlawful for any person to smoke in any building or portion of a building now or hereafter owned, leased, operated, occupied, managed or controlled by the town. However, the Town Manager has the authority to designate a smoking area, as he or she deems necessary.
(F) Municipal vehicles. It shall be unlawful for any person to smoke or carry a lighted cigarette, cigar or pipe in any vehicle now or hereafter owned or leased by the town.
(G) Notice. In every building regulated by this section shall be posted the following clear and conspicuous signs:
(1) “No Smoking” or other like signs shall have letters of not less than one inch in height, or the international “no smoking” symbol (consisting of a pictorial representation of a burning cigarette enclosed within a red circle crossed by a red bar) no smaller then three inches in diameter.
(2) Signs shall be posted in a position clearly visible on entry into every town building.
(H) Penalty.
(1) General. Effective July 1, 2012, violation of this § 130.06 shall subject the offender to civil penalties of not more than $200. Pursuant to G.S. 160A-175, all criminal penalties for these violations as set out in G.S. 14-4 are hereby removed. Civil penalties may be recovered by the town in a civil action in the nature of the debt.
(2) Town employees. In addition to the general penalty stated above, town employees in violation of this section shall be subject to progressive disciplinary action under the town’s personnel policies, which could lead to dismissal.
(1985 Code, § 130.06) (Ord. 2013-01, passed 7-18-2012)