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

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified August 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.

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

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?
At least 20 feet. Section 16-105(a) bars smoking within 20 feet of the outdoor seating or serving area of a restaurant, in addition to the same 20-foot buffer around any entrance, operable window or ventilation system of a covered public place or place of employment.
Can bars and tobacco shops allow smoking in DeKalb County?
Yes. Section 16-106 exempts freestanding bars that draw at least half their gross sales from beverages, retail tobacco stores, and adult entertainment establishments from the smoking ban, along with private residences not used as a childcare, adult day care or health facility.
What is the fine for repeat smoking violations in DeKalb County?
Section 16-111 escalates the fine with each violation within a year: up to $50 for a first offense, up to $75 for a second, and up to $100 for every additional violation after that, all enforced by citation from any police officer under Section 16-109.

Sources & Official References

Other rules in DeKalb County

All DeKalb County rules

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