HomeMy WebLinkAboutC.054.93009_0280Commissioner Hamby asked the consequences if a county employee
was caught smoking assuming the revisions were adopted.
Mr. Mashburn responded that the Iredell County Personnel
Policy would be followed, because it would be an infraction of
personnel rules. Warnings are given and if the practice continued
action would be taken to receive compliance. In addition, Mr.
Mashburn said he understood what Commissioner Boone had stated,
however, accidents have been known to be caused by people smoking.
The intent of the proposed revisions are to emphasize that smoking
is an unhealthy activity and that Iredell County is prohibiting its
employees to smoke while on the job. The revisions in no way tell
people what their personal habits should/should not be. The intent
of the revisions are to say that when an employee is on a job, in
a confined space, that Iredell County has an obligation to do what
it can to protect the health, safety, and welfare of its employees.
Commissioner Madison said he concurred with Commissioner Boone
that if an employee, e.g., deputy was riding around at night by
himself, and he wanted to smoke a cigarette it would not appear
that the secondary smoke is going to hurt him if he was willing to
accept the primary smoke.
MOTION by Commissioner Boone to amend the proposed smoking
ordinance to rewrite Section 3. as: It shall be unlawful for any
person to smoke in any vehicle now or hereafter owned or leased by
the County, unless that employee is the sole occupant of the
vehicle.
VOTING: Ayes - 4; Nays - 0.
MOTION By Commissioner Madison to adopt the Iredell County
Smoking Ordinance as amended.
VOTING: Ayes - 4; Nays - 0.
AN ORDINANCE REGULATING
SMOKING IN COUNTY BUILDINGS AND VEHICLES
WHEREAS, counties are granted broad police power authority to
protect the health, safety and welfare of county employees and the
general public by N.C.G.S. 153A-121 and authority to regulate the
use of county property by N.C.G.S. 153A-169; and
WHEREAS, it is in the public interest to improve indoor air
quality, reduce fire hazards, and minimize any health risks
associated with exposure to environmental tobacco smoke;
NOW THEREFORE, BE IT ORDAINED by the Board of Commissioners of
the County of Iredell, North Carolina, that:
Section 1. Definitions. "Smoking" shall mean the inhaling,
exhaling, burning or carrying of a lighted pipe, cigar, cigarette
or other combustible tobacco product.
Section 2. Smokina Prohibited in County Buildings. It shall
be unlawful for any person to smoke in any building or facility now
or hereafter owned, leased, operated, occupied, managed or
controlled by the County.
Section 3. Smoking Prohibited in county Vehicles. It shall
be unlawful for any person to smoke in any vehicle now or hereafter
owned or leased by the County, unless that employee is the sole
occupant of the vehicle.
Section 4. Penalty. Violation of this ordinance shall
constitute a misdemeanor punishable in accordance with N.C.G.S.
153A-123.
Section 5. Conflict of Laws. If any portion of this
ordinance 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 ordinance and the same shall remain in
full force and effect. All ordinances or parts of ordinances in
conflict with this ordinance are hereby repealed. 263
SEP 21 1993