Frequently Asked Questions
Questions and Answers: Local Government Authority
Aimee N. Wall
UNC Institute of Government
September 2007
Now that a significant amount of local governments’ authority to regulate smoking has been restored, many jurisdictions will likely begin considering their policy options in this arena. Before moving forward, however, local governments should have an understanding of not only the new law but other relevant statutes and court decisions. The questions and answers that follow attempt to anticipate some of the questions that may arise in the process of considering and adopting new local smoking law.1 The answers integrate the new law with existing law governing cities, counties and boards of health.
Q1. May a local government prohibit smoking in buildings owned or used by the local government?
Q2. May a local government prohibit the use of smokeless tobacco products in buildings owned by the local government?
Q3. May a local government prohibit smoking on the grounds of buildings used by the local government?
Q4. May a local government prohibit smoking in entirely outdoor spaces owned or leased by the government, such as a park?
Q5. May a local government prohibit smoking in other public places, such as restaurants and bars?
Q6. May a local government restrict the use of smokeless tobacco in other public places, such as restaurants and bars?
Q7. Who within local government has the authority to adopt local rules or laws prohibiting smoking?
Q8. If a local government wants to prohibit smoking in its buildings, would it be better to adopt an ordinance, a board of health rule, or a policy? |
