The purpose of this article is to:
(1) 
Improve and protect the public's health by eliminating smoking in public buildings and public parks owned and operated by the city;
(2) 
Guarantee the right of nonsmokers to breathe smoke-free air in such places; and
(3) 
Recognize that the need to breathe smoke-free air shall have priority over the choice to smoke.
(Ordinance 2019-001 adopted 2/4/2019)
The words and phrases used in this article, unless the context otherwise indicates, shall have the following meanings:
City Building.
Any city building or structure that is owned, leased or operated by the city.
City Park.
An area of land set aside for passive common use or recreation wholly owned by the City of Atlanta, including the entirety of the Sportsplex Park, City Park on Louise Street, McNoble Harper Park and any other park as may be designated in the future by the city council but excluding any public areas owned and operated by the AEDC, ACDC or hotel motel board.
Electronic Cigarette.
A battery-operated device that emits doses of vaporized nicotine, or non-nicotine solutions, for the user to inhale. Generally found in the shape of a pen or cigarette and commonly referred to as e-cigarette or vaping device.
Smoke or Smoking
The carrying or holding of a lighted pipe, cigar or cigarette of any kind, or any other lighted smoking material, equipment or device, and the lighting, emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
Tobacco.
Any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other means of ingestion or absorption.
(Ordinance 2019-001 adopted 2/4/2019)
(a) 
Smoking, tobacco use or using electronic cigarettes is hereby prohibited inside all city-owned buildings within the city limits.
(b) 
Smoking, tobacco use or using electronic cigarettes is hereby prohibited within a distance of not less than twenty-five feet (25') outside of entrances, operable windows, and ventilation systems of a city building.
(Ordinance 2007-04 adopted 7/2/07; Ordinance 2019-001 adopted 2/4/2019)
Smoking is prohibited in all city parks wholly owned and operated by the city including Sportsplex Park, City Park on Louise Street and McNoble Harper Park.
(Ordinance 2019-001 adopted 2/4/2019)
It shall be an affirmative defense to violations of this article if the entrances to the parks or baseball facility do not prominently display a sign stating that tobacco use or electronic cigarette use is unlawful.
(Ordinance 2019-001 adopted 2/4/2019)
(a) 
It shall be unlawful for any person to smoke or use tobacco or electronic cigarettes in any area where smoking or tobacco use or use of electronic cigarettes is prohibited by the provisions of this article or to violate any provision of this article.
(b) 
Any person convicted of a violation of any provision of this article shall be fined in accordance with the general penalty provisions found in section 1.01.009 of this code.
(Ordinance 2019-001 adopted 2/4/2019)