Tobacco Use ProhibitionEffective May 11, 2019
ORDINANCE TO APPROVE AND ADOPT A BOARD OF HEALTH RULE
AN ORDINANCE TO APPROVE AND ADOPT THE RULE ADOPTED BY THE RANDOLPH
COUNTY BOARD QF HEALTH TO PROHIBIT THE USE OF TOBACCO PRODUCTS, as defined
therein.
The use of tobacco products are prohibited in all of the following:
1. County Government buildings as defined in said rule;
2. In any County Government vehicle;
3. On any County Government grounds as defined in said rule;
4. All other County Government property including, but not limited to:
a) County Government Parks Systems including playgrounds and athletic
fields;
b) Public Transportation;
c) County Government Trails and Parks; and
d) Polling Places.
e) Libraries in the Randolph County Library System and grounds of said
libraries.
f) County Government buildings and grounds being used for private events.
WHEREAS, the Randolph County Board of Health adopted a rule on February 26, 2019
prohibiting the use of tobacco products, including e -cigarettes in county government
buildings; county government vehicles; county government grounds; and all other property,
including, but not limited to county government parks systems, playgrounds, athletic fields;
public transportation; county government trails and parks; polling places; libraries in the
Randolph County Library System and grounds of said libraries; and all county government
buildings and grounds being used for private events for approval by the Randolph County
Board of Commissioners;
NOW THEREFORE, BE IT ORDAINED that the Randolph County Board of Commissioners
approves and adopts the Board of Health Rule to Prohibit the Use of Tobacco on Local
Government Grounds and in Local Government Buildings and Local Government Vehicles.
Adopted this JL- - day of _!'-4.CC--h--------- 2019.
erson, Randolph County board of Commissioners
ATTEST:
b A e.-. . Clerk to the Board of Commissioners
AP oved t Form:
-:
f i !tt� r'?1!.I�L�►1''County
RANDOLPH COUNTY BOARD OF HEALTH RULE
A RULE TO PROHIBIT THE USE OF TOBACCO AND TOBACCO PRODUCTS ON
RANDOLPH COUNTY GOVERNMENT GROUNDS AND IN RANDOLPH COUNTY
BUILDINGS AND VEHICLES
WHEREAS, tobacco is a recognized carcinogen in humans; and
WHEREAS, according to the Centers for Disease Control and Prevention
(CDC), tobacco use and secondhand smoke exposure are the leading preventable
causes of illness and premature death in North Carolina and the nation; and
WHEREAS, health risks associated with the use of tobacco products include
myocardial infarction (heart attack), stroke, adverse reproductive outcomes, lung
cancer and diabetes; and
WHEREAS, in 2006, a report issued by the United States Surgeon General
stated that scientific evidence indicates that there is no risk-free level of exposure
to secondhand smoke and that secondhand smoke has been proven to cause
cancer, heart disease, and asthma attacks in both smokers and nonsmokers; and
WHEREAS, in air quality tests, concentrations of secondhand smoke in
vehicles have been found to be far greater than in any other micro -environments
tested., including smokers' homes, smoke-filled bars, and outdoor air, even with
a vehicle's windows open and its fan set on high; and
WHEREAS, research indicates that, during active smoking, outdoor levels
of secondhand smoke maybe as high as indoor levels and may pose a health risk
for people in close proximity, and some hazard exists beyond thirty (30) feet; and
WHEREAS, in 2009, the United States Food and Drug Administration (FDA)
announced that an analysis of e -cigarette samples indicated that the e -cigarettes
contained not only nicotine but also detectable levels of known carcinogens and
toxic chemicals, including tobacco -specific nitrosamines and diethylene glycol, a
toxic chemical used in antifreeze; and it has been found that the emitted aerosol
is not just water vapor, but contains nicotine and can contain additional toxins,
making it less safe than clean air to the nearby non -user; and
WHEREAS, on January 2, 2010, "An Act To Prohibit Smoking in Certain
Public_ Places and Certain Places Of Employment," Session Law 200927, became
effective, authorizing local governments to adopt and enforce ordinances "that
are more restrictive than State law and that apply in local government buildings,
on local government grounds and in local government vehicles; and
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WHEREAS, pursuant to North Carolina General Statute §130A-3 9(a), a local
board of health has the responsibility to protect and promote the public's health
and to adopt rules necessary for that purpose; and
WHEREAS, the Randolph County Board of Health is committed to providing
a safe and healthy workplace in all local government facilities for local
government employees and a safe and healthy environment for the visiting
public; and
WHEREAS, the Randolph County hoard of Health wishes to minimize the
harmful effects of tobacco among Randolph County employees and eliminate
secondhand smoke exposure for employees and the public in those buildings,
vehicles and grounds controlled by county government in Randolph County, and
WHEREAS, the Randolph County Board of Health finds and declares that,
in order to protect -the public health and welfare, it is in the best interests of the
citizens of Randolph County to adopt a Rule prohibiting the use of tobacco and
tobacco products in county government buildings, in county government vehicles
and on county government grounds throughout Randolph County.
WHEREAS, the Randolph. County Board of Health encourages each
municipality in Randolph County to adopt similar protections for its citizens and
employees.
NOW, THEREFORE, THE RANDOLPH COUNTY BOARD OF HEALT14 ADOPTS THE
FOLLOWING RULES;
Section. 1. Authority
This Rule is enacted pursuant to North Carolina General Statute 130A-498 and
130A -39(a).
Section Z. Definitions
The following definitions are applicable to this Rule.
1) "County Government" ---means the County of Randolph, a body politic and
corporate and a political subdivision of the State of North Carolina.
2) "County Government Building"—a building owned, leased as lessor, or the
area leased as lessee and. occupied by County Government as herein
defined.
3) "County Government Grounds" ---an unenclosed area owned, leased or
occupied by County Government as herein defined.. For the purposes of
this rule, "County Government Grounds" does not include public streets
and the sidewalks abutting said streets.
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4) "County Government Vehicle" ---a passenger -carrying vehicle owned, leased
or otherwise controlled by County Government and assigned permanently
or temporarily to its employees, agencies, institutions, or facilities for
official County Government business.
5) "Employee"—a- person who is employed by Randolph County Government.
0) "Local Health Department"—the Randolph County Health Department.
7) "Local Health Director" ---the administrative head of the Randolph County
Health. Department appointed pursuant to North Carolina General Statute
Chapter 130A.
8) "Smoking"- ,the use or possession of a lighted cigarette, lighted cigar,
lighted pipe, or any other lighted tobacco product
9) "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 y
purpose.
1.0) "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.
Section 3. Areas in Which the Use of Tobacco Products, Including E -cigarettes,
is Prohibited
1) The use of tobacco products, including e -cigarettes, is prohibited in all of
the following:
a) In any County Government building.
b) In any County Government vehicle.
c) On any County Government grounds.
d) All other County. Government property including, but not limited to:
i. County Government Parrs Systems including playgrounds and.
athletic fields;
ii. Public Transportation;
iii. . County Government Trails and Parks; and
iv. Polling Places.
v. Libraries in the- Randolph County Library System and the
grounds of said libraries.
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2) The use of tobacco products, including e -cigarettes, is prohibited in County
Government buildings and grounds being used for private events.
Section 4. Signage
1) County Government where the use of tobacco and tobacco products is
prohibited by this Rule shall post signs that must:
a) State in English and Spanish that the use of tobacco products is
prohibited.
b) Be of sufficient size to be clearly legible to a person of normal. vision,
and. be conspicuously posted.
c) Be posted at each entrance to a County Government Building and in
other locations within the buildings reasonably calculated to inform
employees and the public of the prohibition.
d). Be posted on County Government Grounds in locations and at
intervals reasonably calculated to inform employees and the public
of the prohibition.
2) In vehicles where the use of tobacco is prohibited by this Rule, County
Government may, in its discretion, post. a sign that . states "leo Use of
Tobacco Products" in County Government Vehicles in an area visible to
passengers, provided that said placement does not interfere .with the safe
operation of the vehicle. If the vehicle is used for undercover law
enforcement operations, a sign is. not required to be placed in the vehicle.
Section S. Enforcement and Penalties
1) Violations by persons using tobacco products in prohibited areas. Failure
to cease using tobacco products in a prohibited area constitutes an
infraction punishable by a fine of fifty dollars ($ S 0.00)'A citation. may be
issued by a sworn lawenforcement officer. Convictionof an. infraction
under this section has no consequence other than payment of a penalty,
and no court costs maybe assessed:
2) Sanctions for employees. In addition to any penalty under subsection (1),
employees of County Government, as herein. defined, who violate this Rule
shall be subject to disciplinary action consistent with the Randolph County
Employee Policy and Procedure Manual.
Section 6. Effective Date
After adoption of this rule by the Randolph County Board of Health this Rule
becomes effective May 1, 2019 or 60 days after the date of adoption, whichever.
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is latex, of this Rule by Ordinance by the Randolph County Board of
Commissioners pursuant to North Carolina General Statute 153A -121(a).
Section 7. Abrogation
This Rule is not intended to repeal, abrogate or impair any greater restriction
imposed by any other state law or local government ordinance. Wherever the
provisions of any other law, ordinance, regulation or restriction impose higher
standards than are required by the provisions of this Rule, this Rule does not
prohibit enforcement of any such law, ordinance, regulation or restriction.
Adopted. this the Wh day of -J_/_ g�t� , 2019.
Dr. Charles Lee, DVM, Chairman
Randolph County Board of Health
ATTEST:
Secretary to tl�e Randolp County
Board of Health
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