Frequently Asked Questions
Questions and Answers: Local Government Authority
Aimee N. Wall, UNC School of Government (July 2009)
How will the new state law be enforced?
A few different enforcement tools are available:
- If a person in charge of a restaurant, bar or lodging establishment does not comply with the new law, the local health director may impose a fine of up to $200 per violation. The health director must provide two written warnings before imposing such a fine. The person may not be charged with a misdemeanor. G.S. 130A-22(h1); 130A-497.
- If a smoker refuses to extinguish a lighted product after receiving oral or written notice from the person in charge of the venue, the smoker can be issued an infraction and fined up to $50. A law enforcement official would need to issue the infraction. The smoker may not be charged with a misdemeanor. G.S. 130A-497.
- A state or local public health official could also go to court and ask the judge to order a noncompliant smoker or venue to comply with the law (i.e., issue an injunction). G.S. 130A-18.
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