Morrisville Code of Ordinances - publishing_20231101

ARTICLE I.

IN GENERAL

Sec. 18-1. Smoking restricted.

Definitions:

(1)

(a) The term "smoking" shall mean 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). The term “tobacco product” sha ll mean a cigarette, cigar, or any other product that contains tobacco and is intended for inhalation or oral use, as defined by G.S. § 105- 113.4. The term includes a vapor product. The term “vapor product” means any nonlighted, noncombustible product that employs a mechanical heating element, battery, or electronic circuit regardless of shape or size and that can be used to produce vapor from nicotine in a solution as defined by G.S. § 105- 113.4. The term includes any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. The term does not include any product regulated by the United States Food and Drug Administration under Chapter V of the federal Food, Drug, and Cosmetic Act. (b) (c) (2) Prohibited in municipal buildings. It shall be unlawful for any person to smoke or use tobacco products in any building or facility or portion of a building or facility owned, leased, operated, occupied, managed or controlled by the town. The prohibition on smoking and use of tobacco in these places includes times when they are being used for private events.

(3) Prohibited on Town property . It shall be unlawful for any person to smoke or use tobacco products within 50’ (fi fty feet) of any entrance to a facility located on Town property.

(4) Prohibited in municipal vehicles. It shall be unlawful for any person to smoke or use tobacco products in any vehicle owned or leased by the town.

(5) Penalty. Violation of this section shall subject the offender to a civil penalty in the amount of $50.00 per offense.

(6) Conflict of laws. If any portion of this section or the enforcement thereof is found to be preempted by state or federal law, such preemption shall not operate to invalidate the rest

of the section and the section shall remain in full force and effect. (Ord. No. 93-57, §§ 1--5, 8-23-93; Ord No. 2023-6-0, 3-14-23) __________ * State Law References: Smoking in public places, G.S. 143-595, et seq. __________

CD18:3

Supp. No. 10