What types of local government entities can adopt local smoking laws?

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The term "local government" is defined in the law as "a local political subdivision of this State, an airport authority, or an authority or body created by an ordinance, joint resolution, or rules of any such entity." G.S. 130A-492(4). The clause "local political subdivision of this State" is often seen as referring primarily to cities and counties, but there are other types of local government entities that have statutory authority to enact local laws and likely fall within this definition. The types of local government entities that are most likely to become involved in local lawmaking with respect to smoking include:

A board of county commissioners, which may adopt an ordinance governing smoking in the unincorporated areas of the county (i.e., areas of the county that are not part of a city or town),
A city council, which may adopt an ordinance governing smoking within the city or adopt a resolution agreeing to have a county ordinance apply within the city limits;
A local board of health, which may adopt a rule governing smoking throughout the entire county,
A district board of health governing multiple counties, which may adopt a rule governing smoking throughout all of the counties represented in the district, or
An airport authority, which may adopt a rule governing smoking on property owned or controlled by the authority. One unique characteristic of the smoking law is that it requires boards of county commissioners to adopt an ordinance approving any smoking rule adopted by a local board of health after July 1, 2009. Local boards of health are not required to have this type of approval for any other types of rules that they adopt.

One unique characteristic of the smoking law is that it requires boards of county commissioners to adopt an ordinance approving any smoking rule adopted by a local board of health after July 1, 2009. Local boards of health are not required to have this type of approval for any other types of rules that they adopt.

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