§ 12-36. Smoking prohibited in city parks.

(a)

Authority. This section is enacted pursuant to G.S. §§ 130A-498 and 160A-174.

(b)

Definitions . The following definitions are amended or otherwise applicable to this section:

Electronic cigarette (e-cigarette) means any electronic oral device, such as one composed of a heating element, battery, and /or electronic circuit which provides a vapor or aerosol of nicotine or any other substance, the use or inhalation of which simulates the smoking of tobacco cigarette, pipe or cigar. The term does not include any asthma inhaler or similar devices which have been duly prescribed by a licensed physician.

Smoking means to inhale, exhale, burn, or carry a lighted cigar, cigarette, pipe or other smoking equipment containing tobacco, weed or other plant product or the use of an electronic cigarette or similar device.

Tobacco product means 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 purpose.

(c)

Areas in which smoking and tobacco products are prohibited.

(1)

Smoking and the use of tobacco products are prohibited:

a.

On city grounds of the city's parks system.

b.

In city buildings located in the city's parks system.

(2)

Smoking and the use of tobacco products are prohibited on grounds of the city's parks system and in buildings located in the city's parks system being used for private events.

(d)

Implementation requirements.

(1)

The city shall post signs that meet all the requirements in subsection (e) of this section.

(2)

The city shall remove all ashtrays and other smoking receptacles from the grounds of the city's parks system and buildings located in the city's parks system.

(3)

The person in charge of the grounds of the city's parks system or the buildings located in the city's parks system, or his or her designee, shall direct a person who is smoking or using a tobacco product in a prohibited area to cease and, if the person does not comply, shall contact the Kannapolis Police Department.

(e)

Signage. The signs required by subsection (d) must:

(1)

State in English that smoking and the use of tobacco products are prohibited and include the universal "No Smoking and Use of Tobacco Products Prohibited" symbol.

(2)

Be of sufficient size to be clearly legible to a person of normal vision and be conspicuously posted.

(3)

Be posted at each entrance of the buildings located in the city's parks system and in other locations within the buildings reasonably calculated to inform employees and the public of the prohibition.

(4)

Be posted on the grounds of the city's parks system in locations and at intervals reasonably calculated to inform employees and the public of the prohibition.

(f)

Enforcement and penalties.

(1)

Penalty for violation. Following oral or written notice by the person in charge of an area described in subsection (c), or his or her designee, failure to cease smoking or using tobacco products constitutes an infraction punishable by a fine of not more than fifty dollars ($50.00). A citation may be issued by a sworn law enforcement officer. Conviction of an infraction under this section has no consequence other than payment of a penalty, and no court costs may be assessed.

(2)

Additional sanctions for employees. In addition to any penalty under subsection (1), employees of the city who violate this section shall be subject to disciplinary action consistent with the city's human resources policies.

(g)

Public education. The city shall engage in an ongoing program to explain and clarify the purposes and requirements of this section to employees and citizens affected by it, and to guide operators and managers in their compliance with it. In doing so, the city may rely upon materials and information provided by the local health department.

(h)

Severability; conflict of laws. If this section or application thereof to any person or circumstance is held invalid or unconstitutional by a court of competent jurisdiction, such invalidity shall not affect other provisions or applications of the ordinance that can be given separate effect and to that end the provisions of this section are declared to be severable. Whenever the provisions of this section conflict with other ordinances of the city, this section shall govern.

(i)

Effective date. This section shall be effective on March 1, 2012.

(Ord. No. 2012-01, §§ 1—9, 1-9-12; Ord. No. 2016-08 , § 1, 4-11-16)