Clayton County, GA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Scope of ban
- All county parks, not just posted areas
- Products covered
- Smoking, snuff, chewing tobacco
- Stacked state violation
- O.C.G.A. § 16-12-2 in posted areas
- Penalty
- Misdemeanor under Sec. 1-12
- Enforcing agency
- Parks and recreation department
Summary
Smoking or using any tobacco product, including snuff and chewing tobacco, is unlawful in any Clayton County park. The parks department posts no-smoking signs countywide, and lighting up in a posted area is a separate violation of Georgia's state smoke-free law on top of the county rule.
(b)It shall be unlawful for any person to smoke or use tobacco products, including, but not limited to, snuff and chewing tobacco, within a park. The department shall conspicuously post signs prohibiting smoking and use of tobacco products in all parks. Smoking in a park that has clearly been designated by a no smoking sign shall, in addition to a violation of this section, be a violation of O.C.G.A. § 16-12-2, which prohibits smoking in designated public places.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 104).
Full Breakdown
Sec. 66-18(b) bans smoking and tobacco use across all county parks, not just posted sections, though the parks department is directed to post conspicuous signs prohibiting it. The ban covers more than cigarettes: snuff and chewing tobacco are named specifically alongside general tobacco products. § 16-12-2, Georgia's law prohibiting smoking in designated public places, meaning a violator can be cited under both the county park rule and the state statute for the same act. The section was retitled by Ord. No. 2009-85 in 2009, changing its scope from alcoholic beverages alone to alcoholic beverages and tobacco products together; alcohol itself remains separately restricted under Sec.
66-18(a), which bars sale, possession, or consumption of alcoholic beverages in a park unless the department issues a special beer-and-wine permit. Both prohibitions sit inside the same parks and recreation chapter that carries the county's general park citation authority.
Violations & Fines
A violation of the smoking ban is a misdemeanor under the parks chapter's general penalty section, Sec. 66-2(a), punishable per Sec. 1-12 of the Code, and the parks director or a designee can issue a citation directly under Sec. 66-3. Smoking in a posted no-smoking area adds a second violation of O.C.G.A. § 16-12-2. The department may also bar or suspend a violator from using any or all county parks under Sec. 66-2(b) if it determines that step is necessary to protect the public's health, safety, or welfare.
Frequently Asked Questions
Can I smoke at a Clayton County park if there's no sign posted?
Does the ban include chewing tobacco and vaping-type products?
Can I get two tickets for smoking in a posted park area?
Sources & Official References
Other rules in Clayton County
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