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Fayette County, GA Public Conduct: Outdoor Smoking Restrictions (2026)

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

Key Facts

Rule
No smoking/tobacco use in parks unless posted
Governing section
Fayette County Code § 18-16(b)
Minors
Tobacco possession under 18 charged under state law
Related bans
Alcohol (§18-16(a)), controlled substances (§18-16(c))
Enforcement
Citation, warning, or order to leave (§ 18-4)

Summary

Smoking or using tobacco products anywhere in a Fayette County park or recreation facility, indoors or out, is a violation unless the area is specifically posted to allow it, under Code of Fayette County, Georgia Sec. 18-16(b). The same section warns that anyone under 18 caught with tobacco products in a park can and will be charged under state law.

These county ordinances apply to unincorporated areas of Fayette County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

(a)It shall be unlawful for any person to sell, possess or consume alcoholic beverages within a park except as provided in chapter 4.(b)It shall be a violation of this article for persons to smoke or use tobacco products in enclosed buildings in all parks or recreation facilities, and in all other areas of a park or recreation facility, unless otherwise posted. Persons under 18 years of age in possession of tobacco products can and will be charged under state law.(c)No person shall possess or use any drug or any other controlled substance, as defined in the laws of this state, except as permitted by the laws of this state, in any park.

Full Breakdown

Sec. 18-16(b) makes it a violation of Chapter 18 to smoke or use tobacco products inside any enclosed building at a county park or recreation facility, and in every other area of a park or recreation facility, unless that area is specifically posted otherwise. The effect is a default no-smoking rule across the county's entire parks and recreation system, buildings, trails, ballfields, picnic areas and all, with an exception only where the parks and recreation department has put up a sign permitting it. The same subsection separately puts teenagers on notice: persons under 18 years of age found in possession of tobacco products in a park can and will be charged under state law, not just under this county provision.

The smoking rule sits alongside two related prohibitions in the same section: subsection (a) bars selling, possessing or consuming alcoholic beverages in a park except as chapter 4 allows, and subsection (c) bars possessing or using any controlled substance in a park except as state law permits. All three are enforced the same way as the rest of Chapter 18: an officer can issue a citation or warning, or simply order the person to leave under Sec. 18-4, and any violation is a county ordinance violation under Sec. 18-3.

Violations & Fines

Smoking or using tobacco outside a posted-permitted area of a county park is a violation of Chapter 18 punishable as a county ordinance violation under Sec. 18-3. Law enforcement can issue a citation or warning, or order the person to leave under Sec. 18-4, and repeat or serious violators can be barred or suspended from county parks at the combined discretion of the parks department and law enforcement. A minor found in possession of tobacco products in a park faces a separate charge under state law per Sec. 18-16(b).

Frequently Asked Questions

Can I smoke on a trail or picnic area in a Fayette County park?
Not unless that specific area is posted to allow it. Sec. 18-16(b) bans smoking and tobacco use in enclosed park buildings and in every other area of a park or recreation facility, so the default rule outdoors is the same no-smoking rule that applies inside, unless the parks and recreation department has posted a sign permitting it there.
Is possessing tobacco in a park illegal for teenagers?
Yes, separately from the smoking ban itself. Sec. 18-16(b) states that persons under 18 years of age found in possession of tobacco products in a Fayette County park can and will be charged under state law, in addition to the county's own no-smoking rule for the park.
Does the same section cover alcohol and drugs in parks too?
Yes. Sec. 18-16 as a whole addresses all three: subsection (a) bars selling, possessing or consuming alcohol in a park except as chapter 4 allows, subsection (b) is the smoking and tobacco ban, and subsection (c) bars possessing or using a controlled substance except as permitted by state law.

Sources & Official References

Other rules in Fayette County

All Fayette County rules

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