This morning’s unfortunate encounter with a very rude and inconsiderate individual who was smoking at the petrol station whilst they were fueling their vehicle (and as he was downwind was blowing the smoke directly in my face!) got me wondering what actual legal authority and enforcement stands behind the non-smoking signs posted conspicuously about the petrol pumps.
After much searching, it turns out that the answer isn’t particularly straightforward because it is left to the states and municipalities to decide the issue for themselves.
So, the City of Raleigh ordinances incorporates the 2012 North Carolina Fire Prevention Code by reference with the relevant section being 2210.5.5.1:
“2210.5.5.1 Smoking. Smoking or open flames shall be prohibited within 50 feet (15 240 mm) of fueling operations. “No Smoking” signs complying with Section 310 shall be posted conspicuously about the premises. Such signs shall have letters not less than 4 inches (102 mm) in height on a background of contrasting color.”
Sec. 5-2049 of the Raleigh City Ordinances details the penalties for violations of the Fire Prevention Code which the most punitive criminal offence available is NC General Statutes Section 14-4(a) which would be a Class 3 misdemeanor offence punishable by a fine of $500 or less.
What made the whole stupid situation even more farcical was his assertion that “I didn’t know him” so apparently in his mind that negated my right to object to him blowing his carcinogenic and toxic cigarette smoke in my face.
Except that in a civilised society, that’s not actually how it is supposed to work.
If he wants to smoke cigarettes in the privacy of his home or his vehicle, that’s certainly his business. I would suggest that activity is strongly indicative of being willfully ignorant on a multitude of levels, not the least of which is the fact that cigarettes are the only legal product on offer for sale in this country that when used in accordance with the manufacturer’s instructions KILLS THE CONSUMER that is using them.
Civilised people understand that forcing one’s choice to breathe cigarette smoke on other individuals who may well find it offensive or dangerous to their health is crossing the line that should not be crossed.
But don’t take it from me…perhaps you might also want to listen to the person you tried convincing that you were totally in the right after I left who you also probably didn’t know personally but whose opinion apparently mattered more than the person you actually showed manifest disrespect.
After all, he made it perfectly clear from my vantage point at the stoplight 50m away that he also thought YOU were the ASSHOLE.