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Decatur, GA Public Conduct: Outdoor Smoking Restrictions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Buffer from entrances
20 feet from doors, windows, vents
Restaurant patio buffer
20 feet from outdoor seating/service area
Covered parks
MARTA Plaza, Decatur Cemetery, Old Courthouse lawn
Hotel exception cap
smoking rooms limited to 25% of rooms
Governing law
Code of Ordinances §§ 54-31 through 54-37

Summary

Decatur, Georgia's Clean Air Ordinance bars smoking in all public places, places of employment and public parks, and extends the ban outdoors to within 20 feet of any entrance or ventilation intake and within 20 feet of a restaurant's exterior seating or service area, under Code § 54-32.

(a)Except as otherwise provided in this article, smoking is prohibited in all public places within the city, all places of employment within the city, and all public parks. All ashtrays and similar smoking paraphernalia shall be removed from any place where smoking is prohibited.(b)Except as otherwise provided in this article, smoking is prohibited:(1)Within 20 feet of any outside entrance, operable window or ventilation system of any public place within the city and of any place of employment within the city;(2)Within 20 feet of any exterior seating or service area of any restaurant within the city.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 28).

Full Breakdown

Chapter 54, Article II of Decatur's code, the Clean Air Ordinance adopted by Ordinance O-04-13 in 2004 and amended by O-16-09 in 2016, prohibits smoking in every "public place," "place of employment" and "public park" within the city, defined broadly in section 54-31 to include restaurants, stores, offices, health care and child care facilities, and the city's own parks, the MARTA Plaza, Decatur Cemetery and the Old Courthouse lawn. Section 54-32(a) requires that ashtrays and similar paraphernalia be removed from any place where smoking is barred.

Section 54-32(b) pushes the ban outdoors in two specific ways: smoking is prohibited within 20 feet of any outside entrance, operable window or ventilation system of a covered public place or workplace, and within 20 feet of any exterior seating or service area of a restaurant. Section 54-33 carves out narrow exceptions: hotel and motel smoking rooms capped at 25 percent of rentable rooms, retail tobacco stores, certain private clubs tied to an apartment or office development, and private residences not used as a childcare, day care or health care facility, while also letting any owner voluntarily declare an entire establishment non-smoking.

"No Smoking" signs must be posted at every entrance under section 54-34, and section 54-37 lets police officers, the fire marshal, code enforcement officers, building inspectors or fire inspectors issue citations.

Violations & Fines

Anyone who smokes in violation of Chapter 54, Article II, or an owner or manager who knowingly allows a violation after notice, is punished under the general penalty, Code § 1-12, per section 54-36. Police officers, the fire marshal, codes enforcement officers, building inspectors and fire inspectors are all authorized under section 54-37 to write citations, and failing to post the required "No Smoking" signage under section 54-34 is itself a separate compliance failure.

Frequently Asked Questions

Can I smoke on a restaurant patio in Decatur, Georgia?
No, not within 20 feet of the exterior seating or service area. Section 54-32(b)(2) extends the Clean Air Ordinance's indoor smoking ban to a 20-foot buffer around any restaurant's outdoor dining space.
Are Decatur's public parks smoke-free?
Yes. Section 54-32(a) bans smoking in every public park the city maintains, a term section 54-31 defines to include named spaces like the MARTA Plaza, Decatur Cemetery and the Old Courthouse lawn, not just playgrounds.
Who enforces the smoking ban in Decatur?
Section 54-37 authorizes any police officer, the city's designated fire marshal, or a code enforcement officer, building inspector or fire inspector to issue a citation for a violation, which is then punished under the city's general penalty section.
Can a business owner allow smoking anyway?
Only in narrow categories listed in section 54-33: capped hotel smoking rooms, retail tobacco stores, certain private clubs tied to housing or office developments, and private residences not used for childcare or health care. Every other public place and workplace must stay smoke-free.

Sources & Official References

Other rules in Decatur

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