Walterboro Smoking Ban Ordinance
Frequently Asked Questions For Places of Employment
When does the ordinance go into effect?
The City will begin enforcement of its “no smoking” ordinance at the beginning of the business day on August 1, 2008.
What types of businesses are impacted by this ordinance?
Most businesses within the City of Walterboro will be impacted by the ordinance. The smoke-free ordinance applies to all enclosed public places within the City. The ordinance does not apply to designated hotel/motel rooms, most outdoor spaces, private residences or retail tobacco stores.
What should I do if a patron smokes in my establishment?
The proprietor or other person in charge has primary responsibility for ensuring customers in the establishment comply with the ordinance. Appropriate action to remove a person who refuses to stop smoking will be based on the circumstances, but may include:
Request the violator to stop smoking immediately
Stop serving the violator or asking the violator to leave the premises
Call the police if the violator becomes violent, disorderly or refuses to leave
Document the incident
What constitutes a violation?
The following constitutes an establishment’s violation under the ordinance:
Tolerance of smoking inside the premises;
Failure to post the required “No Smoking” signs (signs posted at entrances are adequate);
Retaliation against employees, applicants or customers who complain.
How will the ordinance be enforced?
Enforcement will be predominantly complaint based, unless enforcement officials at an establishment for other reasons witness violations. When the City receives a complaint, an unannounced inspection will occur. If a violation is found during this inspection, an administrative citation will be issued. Checking for signs of smoking also will be part of routine annual fire code inspections.
What is the penalty for a violation?
A person who smokes in an area where smoking is prohibited shall be guilty of an infraction, punishable by a fine of not less than $10.00 nor more than $25.00.
A person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this ordinance shall be guilty of an infraction, punishable by a fine of not less than $10.00 nor more than $25.00.
How are complaints filed?
You can file a complaint by calling 549-1811. The City of Walterboro will refer the complaint to the appropriate officer who will contact you as soon as possible
Can patrons smoke outside establishments (outdoors)?
Yes, establishments may allow patrons to smoke in outdoor areas of the premises. “Outdoor areas” is not defined in the ordinance, but will be interpreted according to its common usage. The following factors will be considered in determining an outdoor area:
Is the area confined by walls or a roof?
Is the area open to the elements?
Is the area separate and distinct from indoor areas?
Does the area allow smoke to accumulate?
Is the area used for dinning?
Do I need to post “No Smoking” signs?
Yes, "No Smoking" signs or the international "No Smoking" symbol shall be clearly and conspicuously posted in every public place and place of employment where smoking is prohibited at every entrance.