2009 North Carolina Code
Chapter 143 - State Departments, Institutions, and Commissions.
§ 143-601. Applicability of Article; local government may enact.

§ 143‑601.  Applicability of Article; local government may enact.

(a)        This Article shall not supersede nor prohibit the enactment or enforcement of any otherwise valid local law, rule, or ordinance enacted prior to October 15, 1993, regulating the use of tobacco products. However, no local law, rule, or ordinance enacted and placed in operation prior to October 15, 1993, shall be amended to impose a more stringent standard than in effect on the date of ratification of this Article.

(b)        Any local ordinance, law, or rule that regulates smoking adopted on or after October 15, 1993, shall not contain restrictions regulating smoking which exceed those established in this Article. Any such local ordinance, law, or rule may restrict smoking in accordance with this subsection and pursuant to G.S. 143‑597 only in the following facilities that are not owned, leased, or occupied by local government:

(1)        Repealed by Session Laws 2007‑193, s. 3, effective January 1, 2008.

(2)        A public meeting.

(3)        The indoor space in an auditorium, arena, or coliseum, or an appurtenant building thereof.

(4)        A library or museum open to the public.

(5)        Repealed by Session Laws 2007‑193, s. 3, effective January 1, 2008.

If any of the facilities listed in this subsection are owned, leased as lessor, or the area leased as lessee and occupied by local government, then the local ordinance, law, or rule restricting smoking shall be governed by Article 23 of Chapter 130A of the General Statutes. (1993, c. 367, s. 1; 2007‑193, s. 3.)