Chapter 17
Henderson County Smoking Ordinance
[HISTORY: Adopted by the Board of Commissioners of Henderson County. Amended 9-7-1993; 11-18-
1998; 2-2-2015.] 
§ 17-1. Title. 
This chapter shall be called the "Henderson County Smoking Ordinance."  
§ 17-2. Scope. 
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.  
§ 17-3. Statutory Authority. 
This chapter is adopted pursuant to the authority of N.C.G.S.
and 130A-498
 
§ 17-4. Purpose. 
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. 
§ 17-5. Definitions
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.  
 
§ 17-6. Prohibition of Smoking in County Buildings and Grounds.  
Except as otherwise provided by this Chapter, smoking shall be prohibited in all County buildings and on
all County Grounds.  
 
§ 17-7. Smoking Allowed Only In Designated Areas. 
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.
§ 17-8. Territorial Application
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.
  
§ 17-9. No Smoking Signs.  
A.
"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.  
B.
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.  
C.
No person shall remove or deface any placard required to be erected by or under the 
authority of this section.   
 
§ 17-10. Violations and Penalties.  
Any violation of this chapter shall subject the violator to the penalties set forth in N.C.G.S. §130A-498(c1). 
§ 17-11. Through 17-25. (Reserved)