Smyrna, GA Public Conduct: Outdoor Smoking Restrictions (2026)

Section 46-8 of the Smyrna Code, adopted by the Mayor and Council as Ord. No. 2014-03 on 5-19-14, opens with a finding that prohibiting smoking within all city-owned facilities, including parks properties, protects the health, safety and welfare of the public. The operative rule is short: no person may smoke within city-owned facilities, including city parks property, unless the smoking happens in a designated smoking area established by the city. The code defines city-owned facilities as any real property owned or controlled by the city, and it carves out property that the city owns but a third party operates.

Smoking means inhaling, exhaling, burning or carrying a lighted or smoldering cigar, cigarette or pipe, or lighting one. Two limits keep the reach narrow. The section excludes city right-of-way, so a sidewalk or street edge is not covered by this section, and it does not apply to private property, so a patio at a privately owned restaurant is outside it. A separate rule covers a different slice of the city. Section 66-17.1 (Ord. No. 2019-26, 12-16-19) prohibits smoking or using an electronic smoking device in all public places within the downtown design district described in appendix E of the Code, but the code defines a public place there as an enclosed area, so that rule is an indoor rule and not a patio rule.

Its exceptions include private homes and residences, retail tobacco stores and tobacco businesses, designated smoking areas in a place of employment or a public place, banquet or meeting rooms used for private functions, and cigar specialty shops as defined by section 6-80. Enforcement of section 46-8 belongs to any certified law enforcement officer, the fire marshal, or the city marshal of the City of Smyrna.