Beaufort County may reduce smoking penalties, expand no-smoking zones

Right now, lighting up a cigarette inside a Beaufort County-owned building or in your office could cost you up to $500 in fines or up to 30 days in jail.

But county officials are considering a proposal that would reduce those penalties while also expanding nonsmoking areas around public facilities.

The proposal was introduced by staff at the Beaufort County Council Community Services Committee meeting earlier this week.

Potential changes to the county’s regulations would reduce fines for smoking in unauthorized areas to between $10 and $25, while eliminating the possibility of jail time.

If the County Council were to ultimately approve these penalty reductions, it would bring county regulations in line with state law, assistant county attorney Allison Coppage said.

South Carolina’s Clean Indoor Air Act, introduced in 1990, caps smoking fines at $25. The county’s smoking ordinance was first adopted eight years prior.

Despite the discrepancy with state law, reducing smoking penalties doesn’t sit well with some county leaders.

“I must admit I’m a little disappointed in the fact that we have to change the penalties — $10 or $25 is nothing these days as far a fine is concerned,” Councilman Bill McBride, chairman of the Community Services Committee, said.

But unfortunately for supporters of steep penalties, “the state legislators have spoken specifically to the issue and that preempts (county code),” Coppage said.

The updated ordinance would define smoking as “the inhaling, exhaling, burning, lighting or carrying of a any lighted cigarette, cigar, pipe or any other lighted smoking material similar device or any other lighted tobacco product.”

Because that definition includes the language “similar device,” Coppage said she “believe(s) this ordinance could be applied” to vaping or using electronic cigarettes.

In other words, e-cigarettes would be treated the same as traditional cigarettes, cigars or pipes.

“One of the arguments for banning smoking is because secondhand smoke is dangerous,” Councilman Rick Caporale said. “So, (the presence of nicotine in e-cigarettes) would suggest that vapor (could be) dangerous, too.”

The proposed changes to the smoking codes would also expand nonsmoking areas around county buildings.

“Currently, the (county-owned) building itself is the only nonsmoking area,” Coppage said.

The ordinance change would add restrictions “on the property surrounding the facility” and remove designated smoking areas, she said.

For example, smokers would no longer be able to light up in the parking lot of county libraries, parks or offices.

These new restrictions on outdoor smoking would only extend to public facilities.

“Should a private property owner like a bar want a designated smoking area, they certainly would be able to designate such a place,” Coppage said.

The proposal is still in it’s preliminary stages and could be modified before going before County Council for consideration.

“This is only for discussion” at this point, McBride said.

It is unclear when the proposed changes could be introduced before the full council.

This story was originally published March 29, 2016 at 3:02 PM with the headline "Beaufort County may reduce smoking penalties, expand no-smoking zones."