§ 143-601. Applicability of Article; local government may enact. - North Carolina Statutes

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

(a)        This Article shallnot supersede nor prohibit the enactment or enforcement of any otherwise validlocal law, rule, or ordinance enacted prior to October 15, 1993, regulating theuse of tobacco products. However, no local law, rule, or ordinance enacted andplaced in operation prior to October 15, 1993, shall be amended to impose amore stringent standard than in effect on the date of ratification of thisArticle.

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

(1)        Repealed by SessionLaws 2007‑193, s. 3, effective January 1, 2008.

(2)        A public meeting.

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

(4)        A library or museumopen to the public.

(5)        Repealed by SessionLaws 2007‑193, s. 3, effective January 1, 2008.

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