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Burke County, NC Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Covered property
County buildings, vehicles, and outdoor grounds
Includes
Smoking, e-cigarettes, all tobacco products
Signage required
International no-smoking symbol at entrances
Public fine
Up to $50.00 infraction, no court costs
Employee violations
Handled under county personnel policy
Adopted
Ordinance of November 30, 2010

Summary

Smoking, vaping and any other tobacco use are banned everywhere the county owns, leases or operates, indoors and out, under Code § 56-2. That includes county-owned buildings and vehicles as well as any grounds, defined by § 56-1 as unenclosed county-controlled areas, such as the outdoor space around a county government building or park facility. Continued smoking after a warning is a $50.00 infraction under § 56-5.

These county ordinances apply to unincorporated areas of Burke County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Grounds means an unenclosed area owned, leased, or occupied by county government. ... Smoking, ... the use of e-cigarettes, and the use of any tobacco products is prohibited: (1)In any building owned, leased, occupied, or operated by the county;(2)In any vehicle owned, leased, or operated by the county; and(3)On any grounds that are owned, leased, occupied, or operated by the county. ... Pursuant to G.S. 130A-498(c1), the person committing the infraction may be punished by a fine of not more than $50.00 and may not be assessed court costs.

Full Breakdown

Chapter 56's smoking regulations, adopted November 30, 2010, prohibit smoking, the use of e-cigarettes, and the use of any tobacco products in three settings: any building owned, leased, occupied or operated by the county (§ 56-2(1)); any county-owned, leased or operated vehicle (§ 56-2(2)); and on any grounds owned, leased, occupied or operated by the county (§ 56-2(3)), which § 56-1 defines as an unenclosed area under county control, reaching outdoor space around county buildings and facilities. The county must post signs bearing the international no-smoking symbol at every building entrance and around the grounds, remove ashtrays and smoking receptacles, and post signage inside county vehicles where passengers can see it without interfering with safe operation, under §§ 56-3 and 56-4.

S. 00 with no assessed court costs, and can be asked to leave the property without receiving the service they came for. The county also runs public education under § 56-6, including brochures and free access to the North Carolina Tobacco Use Quitline.

Violations & Fines

Continuing to smoke, vape or use tobacco products on county-owned buildings, vehicles or grounds after being told to stop is an infraction under § 56-5, punishable by a fine of not more than $50.00 with no court costs assessed, pursuant to G.S. 130A-498(c1). Violators can also be asked to leave the property without receiving the service they came for. County employees instead face discipline under the county personnel policy.

Frequently Asked Questions

Can I smoke outside a Burke County government building?
No. Section 56-2(3) bans smoking, vaping and tobacco use on any grounds the county owns, leases or occupies, and § 56-1 defines grounds broadly as any unenclosed area under county control, which reaches the outdoor space around county buildings.
Does the smoking ban apply in county parks?
It applies wherever the county owns, leases, occupies or operates the property, including outdoor grounds, so county-controlled park land and facilities fall within § 56-2(3)'s ban on smoking, e-cigarettes and tobacco use.
What's the fine for smoking in a banned area?
After a warning, continuing to smoke is an infraction under § 56-5 and G.S. 130A-498(c1), punishable by a fine of not more than $50.00 with no court costs, and you can be asked to leave without receiving the service you came for.
Does the county have to post no-smoking signs?
Yes. Section 56-4 requires signs with the international no-smoking symbol at every building entrance and around the grounds, plus signage inside county vehicles, and the county must remove ashtrays and other smoking receptacles under § 56-3.

Sources & Official References

Other rules in Burke County

All Burke County rules

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