Vaping in Cary’s parks and public spaces remains untouched for now. At its October 8, 2026 meeting, the Cary Town Council voted 4-2 to expand the town smoking ordinance to cover vapes, one vote short of the five needed for adoption. The proposal failed, and nothing changes.
Why 4-2 was not enough
Most council measures pass with a simple majority, but this amendment required five affirmative votes to be adopted. With two members opposed, the four votes in favor were not sufficient. The failed vote does not repeal or alter anything: Cary’s existing smoking ordinance, Ordinance 2007-13, remains in force exactly as it has since 2008.
Proposed rules versus what stays in force
| Proposed amendment (failed) | Existing ordinance (still in force) | |
|---|---|---|
| Devices covered | E-cigarettes, vapes, electronic smoking devices | Traditional smoking only |
| Places covered | Town parks, playgrounds, rec centers, community centers, greenways, trails, plus enclosed public spaces like retail stores and entertainment venues | Town-owned buildings and vehicles |
| Maximum fine | Not set; proposed as ordinance violation | $50 |
The amendment would have broadened both sides of the ordinance at once: adding vaping devices and reaching far beyond town-owned buildings into outdoor facilities and certain indoor public spaces.
The two no votes
Council member Sarika Bansal opposed adopting the amendment without more data and an evaluation by town staff, raising concerns about enforcement, costs, and whether the proposal should take priority over other town needs. Mayor Harold Weinbrecht also voted against the measure, saying he wanted the council to reach a unanimous decision and hoped members could agree after gathering more information. Council member Michelle Craig said the expected cost of updating signs would be covered within existing operating budgets.
Public speakers at the meeting included student advocates supporting stronger tobacco-free rules, who said they intend to keep pressing for the measure. The council could take it up again at a future meeting, but no reconsideration date has been set. Local rules keep shifting, and across the country where you can buy vapes online legally is still governed by federal rules, not local ordinances. Read where you can buy vapes online legally.
For the health argument behind these bans, see our comparison of vaping versus smoking.
Source: WRAL, “Cary leaders fail to pass e-cigarette amendment to smoking ordinance, but measure still on the table” (wral.com)