Athens-Clarke County Smoke-Free Ordinance

*Editor's note:  Section 1 of an ordinance adopted July 5, 2005, deleted former ch. 4-3 of the Code in its entirety and added new provisions as ch. 4-3 as herein set out. Former ch. 4-3, §§ 4-3-1--4-3-8, pertained to similar subject matter and derived from an ordinance adopted July 6, 2004, § 1. 

Sec. 4-3-1. Definitions.

Sec. 4-3-2. Smoking prohibited in Athens-Clarke County facilities.

Sec. 4-3-3. Regulation of smoking in public places.

Sec. 4-3-4. Regulation of smoking in places of employment.

Sec. 4-3-5. Exemptions.

Sec. 4-3-6. Declaration of nonsmoking places.

Sec. 4-3-7. Responsibility of owner/manager.

Sec. 4-3-8. Violation and penalty.

Sec. 4-3-9. Severability.

The following words and phrases whenever used in this chapter shall be construed as defined in this section:

Bar  means an establishment that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of those beverages, including, but not limited to, taverns, nightclubs, cocktail lounges, and cabarets. 

Business  means any corporation, sole proprietorship, partnership, limited partnership, limited liability corporation, limited liability partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit. 

Employee  means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit. 

Employer  means an individual or a business that employs one or more individuals. 

Enclosed area  means all space between a floor and ceiling that is enclosed on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. Such term also means all space between a floor and ceiling that is enclosed on all but one side by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling. 

Health care facility  means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. This definition shall not include long-term care facilities as defined in paragraph (3) of O.C.G.A. § 31-8-81. 

Infiltrate  means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke. 

Local governing authority  means a county or municipal corporation of the state. 

Place of employment  means an enclosed area under the control of an employer that employees utilize during the course of employment, including, but not limited to, work areas, employee lounges, restrooms, conference rooms, meeting rooms, classrooms, employee cafeterias, and hallways. A private residence is not a place of employment unless it is used as a licensed child care, adult day-care, or health care facility. This term shall not include vehicles used in the course of employment. 

Private club  means a facility owned or operated by a nonprofit fraternal or civic association or corporation organized and existing under the laws of Georgia. Such association or corporation must have at least 75 members who regularly pay monthly, quarterly or semiannual dues and who select the directors or management of such corporation or association, and which is organized and operated exclusively for fraternal brotherhood, pleasure, recreation or other nonprofitable purposes. No part of the net earnings of such corporation may inure to the benefit of any stockholder or member. Entry to such facility is restricted to members and guests of members. 

Public place  means an enclosed area to which the public is invited or in which the public is permitted, including, but not limited to, banks, bars, educational facilities, health care facilities, laundromats, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a public place unless it is used as a licensed childcare, adult day-care, or health care facility. 

Restaurant  means an eating establishment, including, but not limited to, coffee shops, cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on the premises for serving elsewhere. The term shall include a bar area within any restaurant. 

Retail tobacco store  means a retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental. 

Secondhand smoke  means smoke emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling, smoke emitted at the mouthpiece during puff drawing, and smoke exhaled by the person smoking. 

Service line  means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money. 

Shopping mall  means an enclosed public walkway or hall area that serves to connect retail or professional establishments. 

Smoking  means inhaling, exhaling, burning, or carrying any lighted tobacco product including cigarettes, cigars, and pipe tobacco. 

Smoking area  means a separately designated enclosed room which need not be entered by an employee in order to conduct business that is designated as a smoking area and, when so designated as a smoking area, shall not be construed as to deprive employees of a nonsmoking lounge, waiting area, or break room. 

Sports arena  means enclosed stadiums and enclosed sports pavilions, gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, bowling alleys, and other similar places where members of the general public assemble to engage in physical exercise, participate in athletic competition, or witness sports or other events. 

(Ord. of 7-5-2005, § 1)

Smoking shall be prohibited in all enclosed facilities of, including buildings owned, leased, or operated by the Unified Government of Athens-Clarke County. Smoking shall be prohibited within the boundaries of any park, youth sports complex, or recreation area owned, leased, or operated by the Unified Government of Athens-Clarke County, including any open area within such park, youth sports complex, or recreation area.

(Ord. of 7-5-2005, § 1)

Except as otherwise specifically authorized in this chapter, smoking shall be prohibited in all enclosed public places in Athens-Clarke County.

(Ord. of 7-5-2005, § 1)

(a)   Except as otherwise specifically provided in this chapter, smoking shall be prohibited in all enclosed areas within places of employment in Athens-Clarke County, including, but not limited to, common work areas, auditoriums, classrooms, conference and meeting rooms, private offices, elevators, hallways, medical facilities, cafeterias, employee lounges, stairs, restrooms, and all other enclosed facilities.

(b)   Such prohibition on smoking shall be communicated to all current employees no later than August 1, 2005, and to each prospective employee upon such employee's application for employment.

(Ord. of 7-5-2005, § 1)

(a)   Notwithstanding any other provision of this chapter, the following areas shall be exempt from the provisions of Code sections 4-3-3 and 4-3-4:

(1)   Private residences, except when used as a licensed child care, adult day-care, or health care facility;

(2)   Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20 percent of rooms rented to guests in a hotel or motel may be so designated;

(3)   Retail tobacco stores, provided that secondhand smoke from such stores does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;

(4)   Private and semiprivate rooms in health care facilities licensed under [O.C.G.A.] Title 31 that are occupied by one or more persons, all of whom have written authorization by their treating physician to smoke;

(5)   Smoking areas designated by an employer or banquet or meeting rooms when such rooms are being used for private functions which shall meet the following requirements:

(A)   The smoking area shall be located in a nonwork area where no employee, as part of his or her work responsibilities, shall be required to enter, except such work responsibilities shall not include custodial or maintenance work carried out in the smoking area when it is unoccupied;

(B)   Air handling systems from the smoking area shall be independent from the main air handling system that serves all other areas of the building and all air within the smoking area shall be exhausted directly to the outside by an exhaust fan of sufficient size and capacity for the smoking area and no air from the smoking area shall be recirculated through or infiltrate other parts of the building; and

(C)   The smoking area shall be for the use of employees only. The exemption provided for in this paragraph shall not apply to restaurants and bars; and

(6)   Private clubs. Provided, however, that smoking is prohibited at any event at a private club in which the general public is permitted to attend.

(b)   In order to qualify for exempt status under subsection (a) of this Code section, any area described in subsection (a) of this Code section, except for areas described in paragraph (1) of subsection (a) of this Code section, shall post conspicuously at every entrance a sign indicating that smoking is permitted.

(Ord. of 7-5-2005, § 1)

Notwithstanding any other provision of this chapter, an owner, operator, manager, or other person in control of an establishment, facility, or outdoor area may declare that entire establishment, facility, or outdoor area as a nonsmoking place. Smoking shall be prohibited in any place in which a sign conforming to the requirements of subsection (a) of Code section 4-3-7 is posted.

(Ord. of 7-5-2005, § 1)

(a)   "No Smoking" signs or the international "No Smoking" symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place or place of employment where smoking is prohibited by this chapter.

(b)   All ashtrays shall be removed from any area where smoking is prohibited by this chapter by the owner, operator, manager, or other person in control of the area, unless such ashtray is permanently affixed to an existing structure.

(c)   The following described sign shall be clearly and conspicuously posted by the owner, operator, manager, or other person in control in every public place and place of employment where smoking is prohibited by this chapter: "Athens-Clarke County prohibits smoking in this establishment at all times. To report violations, call (706) 613-3345. Athens-Clarke County Code, Secs. 4-3-3 and 4-3-4".

(d)   Notwithstanding any other provisions of this Code, the holder of an Athens-Clarke County alcoholic beverages license shall not be subject to a civil fine, administrative hearing for suspension, revocation, probation or other administrative or judicial action with respect to such license based upon violations of this chapter occurring in the premises of such holder until no fewer than three convictions for violation of the provisions of this chapter have occurred on such licensed premises within the preceding 12 months.

(e)   The Athens-Clarke County Attorney shall be authorized to bring an action to abate a public nuisance or to obtain appropriate equitable relief to protect the public health, safety and welfare in cases where repeated violations of this chapter occur in a public place or place of employment where smoking is prohibited, and the owner, operator, manager, or other person in control of such place has failed after notice to take action to prevent such violations.

(Ord. of 7-5-2005, § 1)

A person who violates any provision of this chapter shall be guilty of an offense and, upon conviction, shall be punished by a fine of not less than $100.00 nor more than $500.00.

(Ord. of 7-5-2005, § 1)

If the provisions of any section, subsection, paragraph, subdivision or clause of this chapter shall be adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder of any section, subsection, paragraph, subdivision or clause of this chapter.

(Ord. of 7-5-2005, § 1)