Bartow County, GA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Trigger
- Posted no-smoking sign or symbol
- Coverage
- Indoor and outdoor designated areas
- Max fine
- $1,000.00
- Max jail term
- 60 days
- Charged as
- Disorderly conduct offense
- Trial court
- Bartow County Magistrate Court
Summary
Bartow County does not ban outdoor smoking countywide. Instead, §50-76(12) makes it disorderly conduct to smoke in any establishment, facility or outdoor area that its owner, operator or manager has posted as a nonsmoking place with a 'No smoking' sign or the international no-smoking symbol.
(12)Smokes (meaning inhaling, exhaling, burning or carrying any lighted tobacco product including cigarettes, cigars and pipe tobacco) within any establishment, facility or outdoor area that the owner, operator, manager or other person in control has designated as a nonsmoking place. To be designated a "nonsmoking place" requires placement of either a sign saying "No smoking" or equivalent language or a sign containing the international "no smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a bar across it.
Full Breakdown
Under Bartow County Code §50-76(12), smoking, defined as inhaling, exhaling, burning or carrying any lighted tobacco product including cigarettes, cigars and pipe tobacco, becomes disorderly conduct only within an establishment, facility or outdoor area that the person in control has designated as a nonsmoking place. The designation requires an actual posted sign, either the words 'No smoking' or equivalent language, or the international no-smoking symbol, a burning cigarette in a red circle with a bar across it. The county does not impose a blanket smoking ban on outdoor spaces such as parks or patios; the prohibition is triggered by the property owner's or manager's own signage, and it applies equally to indoor and outdoor areas so designated.
Because it sits inside the disorderly conduct article, the same enforcement and court procedure that governs the rest of §50-76 applies: officers of the Bartow County Sheriff's Office or another authorized official can issue a citation, filed with the Magistrate Court of Bartow County for adults, or the Juvenile Court of Bartow County for a person under 17 (§50-77, §50-78). The provision traces to Ord. No. of 11-4-2015.
Violations & Fines
Smoking in a place posted as nonsmoking under §50-76(12) is a disorderly conduct offense carrying the same penalties as the rest of §50-76: a fine up to $1,000.00, up to 60 days in jail, or both, with the Magistrate Court able to substitute 20 to 250 hours of community service and add a $100.00 supervision fee (§50-79).
Frequently Asked Questions
Does Bartow County ban smoking in outdoor public places?
What sign is required to make an area nonsmoking?
What happens if I smoke in a posted nonsmoking area?
Sources & Official References
Other rules in Bartow County
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