Cobb County, GA Public Conduct: Outdoor Smoking Restrictions (2026)
Key Facts
- Governing provision
- Cobb County Code § 90-63(b)
- What's banned
- Smoking and vaping in all county parks, open areas included
- Exception
- Designated smoking area, sole discretion of Parks Director
- Penalty
- Misdemeanor under § 1-10: fine, jail, and/or probation
- On-the-spot enforcement
- Parks staff or officers may eject violator immediately
- Last amended
- September 27, 2022
- Scope
- Unincorporated county parks only, not Marietta or Smyrna parks
Summary
Cobb County Code § 90-63(b) bans smoking and vaping throughout every county-owned, leased, or operated park, sports complex, and recreation facility, including open outdoor areas, not just buildings. The only carve-out is a designated smoking area approved at the sole discretion of the Cobb Parks Director. Violating the ban is prosecuted as a misdemeanor under the county's general penalty ordinance.
(b) Smoking in county owned or maintained parks. Smoking or vaping shall be prohibited within the boundaries of any park, sports complex, recreation area or facility owned, leased, or operated by Cobb County, including any open area within such park, sports complex, recreation area or facility. Designated smoking areas may be approved in the sole discretion of the Cobb Parks Director. ... Sec. 90-51. - Penalty for violation of article. Any person who shall violate any provision of this article shall, upon conviction, be punished as provided in section 1-10.
Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: Code of Ordinances: Supplement 53).
Full Breakdown
Section 90-63(b) of the Cobb County Code, part of Chapter 90's park rules, prohibits smoking or vaping "within the boundaries of any park, sports complex, recreation area or facility owned, leased, or operated by Cobb County, including any open area within such park, sports complex, recreation area or facility." The ban reaches parking lots, trails, ball fields, and picnic pavilions exactly as it reaches restrooms and clubhouses, since the ordinance text specifically extends to "any open area." The only exception is a designated smoking area, and the code gives sole discretion over whether to create one to the Cobb Parks Director, not to individual park visitors or facility operators. The provision was added by amendment on February 11, 2020 and last amended September 27, 2022, in the same section that now also carries the county's e-bike trail-class rules.
Because § 90-63 sits in Article III, Division 1 of Chapter 90 ("Park Rules, Generally"), a violation is punished under § 90-51, which routes penalties to the county's general penalty ordinance, § 1-10. That section makes violating a county ordinance a misdemeanor, with a fine, imprisonment, and/or probation "not to exceed the maximum punishment as set out by Georgia law under O.C.G.A. § 15-10-60," and it separately lets the county seek an injunction against a continuing violation. Cobb Department of Public Safety officers and parks staff can also eject a smoker from the park immediately under § 90-54, which authorizes "any authorized park employee or any law enforcement officer" to remove anyone violating "any provision of this article."
The park ban is separate from Cobb's indoor no-smoking policy for government buildings (§ 94-2), which permits smoking only in specially ventilated, floor-to-ceiling-walled offices designated by a department head, tied to the state's public-buildings smoking law, O.C.G.A. § 16-12-2. Section 90-63(b) applies only to parks the county itself runs, in unincorporated Cobb; Marietta, Smyrna, Kennesaw, Acworth, Powder Springs, and Austell each maintain their own separate park systems under their own municipal codes, so smoking rules at a park inside any of those cities come from that city's ordinances instead.
Violations & Fines
A citation for smoking or vaping in a Cobb County park is charged as a misdemeanor under the county's general penalty ordinance, § 1-10, which authorizes a fine plus imprisonment and/or probation capped at whatever Georgia law allows under O.C.G.A. § 15-10-60. Parks staff or a Cobb Department of Public Safety officer can eject a violator from the park on the spot under § 90-54, independent of any citation, and a continuing violation can also be stopped through a county-sought injunction rather than only a fine.
Frequently Asked Questions
Does Cobb County's park smoking ban include vaping?
Can I smoke in the parking lot of a Cobb County park?
What happens if I get caught smoking in a Cobb County park?
Does this smoking ban apply in Marietta or Smyrna parks?
Sources & Official References
Other rules in Cobb County
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