Cary vaping-rule expansion falls short after 4-2 vote

Cary Town Council did not adopt a proposal to expand the town’s smoking ordinance after it received four votes in favor and two opposed at the council’s October 8, 2026, meeting. Five affirmative votes were required for passage. The proposal’s restrictions did not take effect, and the existing ordinance remains in force.

The amendment would have added e-cigarettes, vapes and similar electronic smoking devices to the ordinance. It also proposed extending restrictions to town properties and facilities, including parks, playgrounds, recreation centers, community centers, greenways and trails. Enclosed public spaces such as retail stores and entertainment venues were included as well.

People smoking or vaping in the locations covered by the proposal would have faced the expanded restrictions if the amendment had passed. The failed vote leaves those proposed additions out of the rules; it did not repeal or change the existing smoking restriction.

Existing smoking restriction remains in force

Cary’s code records Ordinance 2007-13 as adopted October 11, 2007, and effective January 1, 2008. WRAL reports that the existing ordinance prohibits smoking in town-owned buildings and vehicles and sets a maximum fine of $50.

The proposed amendment would have broadened both the devices and places covered. Its proposed inclusion of vaping devices was distinct from the existing smoking restriction, while the expanded location list would have reached beyond town-owned buildings and vehicles to include outdoor town facilities and certain enclosed public spaces.

Council members cited data, enforcement and cost

Council member Sarika Bansal opposed adopting the amendment without more data and an evaluation by town staff. She raised concerns about enforcement, costs and whether the proposal should take priority over other town needs.

Mayor Harold Weinbrecht also voted against the measure. He said he wanted the council to reach a unanimous decision and hoped members could agree after gathering more information. Council member Michelle Craig said the cost of updating signs was expected to be covered within existing operating budgets.

Some people who spoke publicly supported stronger tobacco-free rules, and student advocates said they intended to continue pressing for the measure. The council may consider the proposal again at a future meeting, but no reconsideration date has been reported.