Smokers visiting Ashe County Courthouse will have to find somewhere besides the front porch to light up after January 1st when a revised ordinance goes into effect.

Commissioners voted Monday to ban use of all tobacco products within 50 feet of county buildings. This would prohibit the smoking that is currently allowed on the front porch of the courthouse. Violators will face a fine.

The decision came after a recommendation from the county's Personnel Policy Committee whose members had discussed the county's current policy of prohibiting use of tobacco products inside county buildings and vehicles. Committee members noted that state law prohibits use of tobacco products within 50 linear feet of buildings that house the Department of Social Services. That includes the courthouse and applies to employees as well as visitors.

The committee recommended implementing the ordinance change as of Nov. 1, but the commissioners decided to wait until Jan. 1, 2010 when state law goes into effect prohibiting use of tobacco products in public facilities such as restaurants and bars.

Appropriate signage will be put in place to inform the public of the county's policy. The ordinance makes note of punishment for violations as a formal warning for the first incident and possible fine of $25, with fines of $50 for the second offense and $100 for the third and all following offenses. The policy affects all forms of tobacco including cigarettes, chewing tobacco, smokeless tobacco, snuff, cigars and pipes.

Personnel Policy Committee Member Grier Hurley said the committee had looked into the possibility of smoking areas being established, such as buildings or picnic tables, and discovered the creation of such areas can be expensive. She informed the board of how other counties, such as Wilkes, has put signs in place informing visitors to county property of the county's policy banning firearms and tobacco products and suggested Ashe could do the same.

Commissioner Gary Barber, who noted that he is a tobacco user, said he understands the state is getting very strict with use of tobacco products in public places, and he agrees that the county should be considerate of non-tobacco users and the health of county citizens. He and Commissioners Richard Blackburn and Larry Rhodes, and Chairwoman Judy Poe, voted in favor of modifying the county's tobacco use ordinance to include the prohibition of tobacco use within 50 feet of county buildings, but Commissioner Gerald Price was opposed. He said it was just another example of the government taking away people's rights.