Tobacco-Free Public Places Ordinance

At a glance

What: a council-initiated amendment to Article 3 of Chapter 14 of the town code that would ban smoking and electronic smoking devices on all town grounds (including parks, playgrounds, greenways and trails) and in privately owned enclosed public places such as retail stores, banks, gyms and hotel lobbies. Proposed effective date July 1, 2027.
Where it stands: at the Oct 8, 2026 meeting a motion to adopt was made and seconded. The roll was not read in the captions, but remarks indicate it did not get the five votes needed on a first vote. It is expected to return at a later meeting, where four votes would be enough. Check the official minutes for the tally.
Next: Sarika Bansal and staff to follow up on her data questions; return date not set.

Current rule (2007) covers only lighted smoking in town buildings and transit vehicles.
Adds emitting products and e-cigarettes; extends to all town grounds and the park system; adds privately owned enclosed public places. Restaurants and bars are already smoke-free under state law (now including e-cigarettes). Exempt under state law: private residences, vehicles, tobacco shops, cigar bars, private clubs, hotel smoking rooms.
The town manager may designate outdoor smoking areas on town property.
Enforcement is education first: $50 infraction for a continuing violator (proceeds to schools by state law); escalating fines up to $200 for businesses, enforced by the county health director; employees subject to personnel rules. Signs replaced on the normal schedule within existing budgets.

Support: youth advocates and American Heart Association volunteers who spoke at several meetings, consistency with Wake County, Raleigh and neighboring towns, health arguments, businesses reported by advocates to be supportive.
Concerns: lack of local data on a problem in Cary, enforcement and staff priorities, signage cost, and a request that employee consequences be supportive rather than punitive.

About 43 minutes across 1 meeting (from transcript timestamps; approximate).

Meeting	Minutes
2026-10-08 - Town Council Meeting	43

2026-10-08 - Town Council Meeting - staff presentation, three youth speakers, council debate on data versus public-health case; motion made, apparently short of five votes; to return later.
2026-09-24 - Town Council Meeting - Removed from the agenda and deferred to the next meeting; public speakers urged a fully tobacco-free ordinance with no designated areas.
2026-09-10 - Town Council Meeting - High school students asked Council to extend the smoking ordinance to e-cigarettes and all indoor spaces during public comment (from the speech-to-text transcript).