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Smoke-free policies are legal Currently, there is no law in Georgia and no federal law that prohibits smoke-free policies in apartment communities or multiunit housing. A building owner/manager can legally make a rental building (or entire property) completely smoke-free.
Take a friendly, educational approach. Let the neighbor know that you are experiencing difficulty from their secondhand smoke, and that you are concerned about your health. Let them know that you are flexible and interested in working out a mutually satisfying solution.
Outdoor areas within 25 feet of dwelling units and administrative buildings must be smoke-free. Designated smoking areas must be at least 25 feet away from dwelling units and administrative.
Georgia law O.C.G.A. §16-12-2 outlaws smoking in public places. The penalty for smoking in public places will be a fine between $100.00 and $500.00. Furthermore, the accused will be guilty of a misdemeanor.
Smoking is allowed in restaurants and bars that do not admit or employ people under 18. With a population of 10.7 million, only 9.9% of the population is protected by a local 100% smokefree workplace, restaurant, and bar law, leaving 90.1% of the population unprotected.
Smoking is prohibited in all enclosed public places except as indicated in code section 31-12A-6. Smoking is prohibited in all enclosed areas within places of employment unless authorized in code section 31-12A-6. Examples include: What is the Georgia Smokefree Air Act of 2005?
Outdoor areas within 25 feet of dwelling units and administrative buildings must be smoke-free. Designated smoking areas must be at least 25 feet away from dwelling units and administrative.
It is perfectly legal for landlords/property owners to adopt policies prohibiting smoking in all indoor areas of their buildings, including in living units or even on their property. There is no legal or constitutional right to smoke.
In May 2005, Governor Sonny Perdue signed the Georgia Smokefree Air Act into law. Effective July 1, 2005, the new law prohibits smoking inside most public areas and outlines specific guidelines for allowing smoking in and around establishments that serve the public.