DeKalb County, GA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Buffer distance
- 20 feet from entrances, windows, service lines
- Covered areas
- Public places, common areas, outdoor recreation sites
- Key exemptions
- Freestanding bars, tobacco shops, private homes
- Hotel rooms
- Up to 25% of rooms may allow smoking
- First-offense fine
- Up to $50, rising to $100 for repeats
- Enforcement
- Any police officer may issue a citation
Summary
DeKalb County's Smoke-Free Air Ordinance bans smoking in outdoor recreational public places and common areas, and also within 20 feet of any entrance, operable window, outdoor restaurant seating or service line countywide. Freestanding bars, retail tobacco stores and private residences are exempt, and penalties climb from $50 to $100 per repeat violation.
Except as allowed in this division, smoking is prohibited in all public places, outdoor recreational public places, common areas, and places of employment. ... Smoking shall be prohibited within: (1)Twenty (20) feet of any outside entrance, operable window, or ventilation system of a common area, public place, place of employment, or outdoor recreational public place; (2)Twenty (20) feet of outdoor seating or serving areas of restaurants; or (3)Twenty (20) feet of any service line. ... A fine not exceeding fifty dollars ($50.00) for a first violation; (2)A fine not exceeding seventy-five dollars ($75.00) for a second violation of this division within one (1) year; and (3)A fine not exceeding one hundred dollars ($100.00) for each additional violation of this division within one (1) year.
Full Breakdown
Section 16-103 prohibits smoking in all public places, outdoor recreational public places, common areas and places of employment, and Section 16-104 extends the same ban to county-owned parking lots and vehicles. Section 16-105(a) adds a 20-foot buffer: smoking is barred within 20 feet of any outside entrance, operable window or ventilation system of a covered place, within 20 feet of a restaurant's outdoor seating or serving area, and within 20 feet of any service line, defined broadly to include ATM, concert, food-vendor, movie-ticket and sporting-event lines.
Section 16-105(b) generally allows smoking in a non-county parking lot unless it falls within that 20-foot entrance buffer or the property owner has posted compliant "No Smoking" signs. Section 16-106 exempts freestanding bars, retail tobacco stores, adult entertainment establishments, private residences (unless used as childcare, adult day care or a health facility), property owned by another government, up to 25 percent of hotel/motel rooms designated for smoking, and outdoor employer areas not declared smoke-free. Section 16-102 defines "outdoor recreational public place" broadly to include parks, picnic areas, playgrounds, athletic fields, golf courses, walking and hiking trails, swimming pools, water parks, skateboard parks, stadiums, amphitheaters and beaches.
Section 16-108 requires "No Smoking" signs posted at every entrance to a covered area and all ashtrays removed, and requires a copy of the ordinance given to every business license applicant.
Violations & Fines
Section 16-111 sets escalating fines: up to $50 for a first violation, up to $75 for a second violation within one year, and up to $100 for each additional violation within that year. Section 16-109 lets any police officer issue a citation, lets citizens complain to the chief of police, and requires an owner, operator or manager who witnesses a violation to inform the smoker of the rule and request compliance before the smoker alone, not the business, becomes liable if they refuse. Section 16-110 bars retaliation against an employee, applicant or customer for asserting smoke-free rights.
Frequently Asked Questions
How far from a restaurant patio must I stand to smoke in DeKalb County?
Can bars and tobacco shops allow smoking in DeKalb County?
What is the fine for repeat smoking violations in DeKalb County?
Sources & Official References
Other rules in DeKalb County
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