Chapter 17 - Smoking

This chapter shall be called the "Henderson County Smoking Ordinance."

This chapter shall be applicable to all buildings, facilities or grounds owned, leased or occupied by Henderson County or any of its departments or agencies.

This chapter is adopted pursuant to the authority of N.C.G.S. §§ 153A-121 and 130A-498.

The purpose of this Chapter is to protect the health, safety and general welfare of all Henderson County employees and the general public entering any of the various buildings, facilities and grounds owned, occupied or leased by Henderson County.

The following terms are defined for purposes of this Chapter:

1. County Building - Any building owned, leased or occupied by Henderson County or any of its departments or agencies, now or in the future.
2. “E-cigarette” – Any electronic oral device or nicotine delivery device, such as one composed of a heating element, battery, and/or electronic circuit, which provides a vapor of nicotine 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, e-hookah, hookah pen or under any other product name or description.
3. Grounds – An unenclosed area owned, leased, or occupied by the County government within 100 linear feet of a County Building, unless clearly defined and posted as a “Smoking Area”.
4. Nonsmoking Area - An area where smoking is prohibited.
5. Smoking - Inhaling, exhaling, burning or carrying any lighted cigar, lighted cigarette or other lighted tobacco product, or any e-cigarette, in any manner or in any form.

Except as otherwise provided by this Chapter, smoking shall be prohibited in all County buildings and on all County Grounds.

The County Manager may, in his discretion, at any time, designate smoking areas accessible to the general public in each County Building or on County Grounds. Said areas shall be identified by a large, legible sign which shall read "This is a smoking area. Smoking in any other area of this building or on any other area of these grounds is prohibited." The County Manager shall have the discretion to change, move or remove any smoking area(s) in any County buildings or on any County Grounds at any time. Except in such designated areas, no smoking shall be allowed in County Buildings or Grounds.  Notwithstanding, however, no smoking, as defined in this Chapter, and no other use of tobacco, shall be allowed in the building and on the grounds of the Commissioner Charles D. Messer Human Services Building.  As used in this section, “use of tobacco” means, in addition to “smoking” as defined in this Chapter, the use of 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.  However, the “use of tobacco” 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.

Pursuant to N.C.G.S. §153A-122, this Chapter is applicable to all County Buildings and Grounds. In addition, any provisions applying to areas which are not County Buildings or Grounds apply only to those portions of Henderson County not lying within a municipality.

1. "No Smoking," or other signs relating to this Chapter shall have letters of not less than 1 inch in height or the international no-smoking symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) no smaller than 3 inches in diameter.
2. Signs shall be conspicuously posted in County buildings in a position clearly visible on entry into every building, and within facilities, where smoking is regulated.
3. No person shall remove or deface any placard required to be erected by or under the authority of this section.

Any violation of this chapter shall subject the violator to the penalties set forth in N.C.G.S. §130A-498(c1).