Buncombe County, NC Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing section
- Sec. 50-1
- Covers
- county buildings, grounds and vehicles
- Smoking fine
- up to $50.00 infraction
- E-cigarette fine
- $100.00 civil citation
- Signage required
- "smoking is prohibited" postings
- Adopted
- Ord. 20189, 5-1-93; amended 8-4-09
Summary
Buncombe County bans lighted smoking material in every county building, on every county-owned outdoor ground, and inside county vehicles. Because "grounds" is defined as unenclosed county-owned land, the ban reaches courthouse plazas, park grounds and other outdoor county property, not just indoor lobbies.
Smoking prohibited. No person shall smoke, carry or possess a lighted cigar, cigarette, pipe or other lighted smoking equipment or paraphernalia in any Buncombe County buildings, on Buncombe County grounds, or in Buncombe County vehicles. ... Grounds. An unenclosed area owned, leased, or occupied by state or local government. ... Penalty for violation of section. Any person violating the provisions of this section shall be responsible for an infraction, and the person committing the infraction may be punished by a fine of not more than $50.00.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 37).
Full Breakdown
" The ordinance defines "grounds" as "an unenclosed area owned, leased, or occupied by state or local government," so the prohibition extends outdoors across county-owned land, not merely inside buildings. The person in charge of a county building, grounds or vehicle (or a designee) must post signs reading "smoking is prohibited" and must direct anyone caught smoking to extinguish the product. A companion rule, Sec. 1, separately bans e-cigarette use inside the same buildings and vehicles and within 50 feet of any public entrance, enforced by civil citation.
The smoking ban carries narrow carve-outs: private residences, private vehicles, licensed tobacco shops (with migration limits), premises of tobacco growers or processors, up to 20 percent of a lodging establishment's guest rooms if designated smoking rooms, qualifying cigar bars, private clubs, and film/TV/theater productions depicting smoking. None of those exceptions cover a public park lawn, courthouse plaza or county building patio, so smoking there remains prohibited. S. 143-601, the state law letting counties regulate smoking on property they own or occupy.
Violations & Fines
Smoking in violation of Sec. 50-1 is an infraction punishable by a fine of not more than $50.00; conviction carries no consequence beyond the fine, and a person cited may not be assessed court costs. E-cigarette use in a restricted area under Sec. 50-1.1 instead draws a civil citation of $100.00 per offense, collectible as a civil debt if unpaid within 20 days, with no criminal penalty attached.
Frequently Asked Questions
Can I smoke on the lawn outside a Buncombe County building?
Is vaping treated the same as smoking under this rule?
Are there any places on county property where smoking is still allowed?
Sources & Official References
Other rules in Buncombe County
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