Sec. 11-150. - Findings and purpose.

The council does hereby find that:

Numerous studies have found that environmental tobacco smoke (ETS) is a major contributor to air pollution; and

Studies have shown that breathing environmental tobacco smoke is a cause of disease, including lung cancer, in healthy nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

Scientific and medical evidence exists which documents environmental tobacco smoke as a hazard to the public health including the 1992 report of the U.S. Environmental Protection Agency on "Respiratory Health Effects of Passive Smoking: Lung Cancer and Other Disorders."

Accordingly, the town council finds and declares that the purposes of this article are to protect the health and welfare by regulating smoking in town owned or leased buildings and vehicles.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-151. - Definitions.

(a)

Smoking means inhaling, exhaling, burning or carrying any lighted pipe, lighted cigar, lighted cigarette, or other combustible tobacco product in any manner or in any form.

(b)

Town building means any building owned by or leased by the Town of Chapel Hill. It includes without limitation offices, restrooms, break areas, lobbies, work areas and all interior walkways, stairwells, doorways, passageways and entrances.

(c)

Town vehicle means any motor vehicle or motor driven riding machinery owned by or leased to the town including but not limited to cars, trucks, buses and vans.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-152. - Smoking prohibited in town buildings.

It shall be unlawful for any person to smoke inside any building or facility or portion thereof of a building or facility now or hereafter owned, leased, operated, occupied, managed or controlled by the town, except as specifically authorized by this article.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-153. - Smoking regulated in bus shelters.

It shall be unlawful for any person to smoke within the area of a Chapel Hill bus system shelter.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-154. - Smoking regulated in town vehicles.

(a)

Smoking is prohibited in all town transit vehicles and in all other town vehicles when those other vehicles are being used to transport members of the public.

(b)

Smoking is prohibited in town vehicles where the presence of a burning tobacco product or the nature of the vehicle would make smoking a safety hazard. Examples include a vehicle being operated in the vicinity of a flammable substance or a vehicle requiring use of an operator's two (2) hands at all times for proper operation.

(c)

Smoking is not allowed within town vehicles "pool cars" that are shared by departments.

(d)

Smoking is allowed in other town vehicles if all occupants agree.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-155. - Outside on town property.

Smoking is permitted outside on land owned by or leased to the town and outside of town buildings, except as restricted by written rule of the town manager or by declaration by the fire marshal.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-156. - Signs.

Appropriate signage shall be conspicuously displayed in public areas of town-owned or leased buildings indicating that smoking is prohibited.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-157. - Exemptions.

This article shall not apply to:

Private dwelling units in town-owned or leased public housing neighborhoods.

A residential shelter in a town-owned building.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-158. - Administration.

The town manager is responsible for administering this article and is authorized and directed to establish regulations for the administration of this article.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-159. - Enforcement and penalties.

Where there is any uncertainty as to the intent or actual meaning of any provision of this article, the town manager shall make an interpretation of said provision on request of any person. This article may be enforced by any one (1) or more of the remedies authorized by N.C. General Statutes 160A-175.

Violation of this article by a town employee may result in a disciplinary action under the town's personnel ordinance.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-160. - Conflict of laws.

If any portion of this article or the enforcement thereof shall be preempted by any state or federal authority, such preemption shall not operate to invalidate the rest of this article; and the same shall remain in full force and effect.

(Ord. No. 93-9-13/O-0.1)

Sec. 11-161. - Effective date.

This article shall be effective October 14, 1993.

(Ord. No. 93-9-13/O-0.1)

Secs. 11-162—11-169. - Reserved.