§ 22-68. Smoking.

(a)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Smoking means inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe or other smoking equipment in any manner or form.

(b)

No person shall smoke or carry lighted cigarettes, cigars, pipes, matches or any open flame in or upon buildings and facilities owned or operated by the city department of aviation, except in designated areas.

(c)

A smoking area may not be designated in:

(1)

An elevator;

(2)

A rest room;

(3)

A service line, ticket line or over-the-counter sales area;

(4)

A gate hold area, common traffic area or baggage claim area, unless such area is fully enclosed and ventilated, and there shall not be more than two such areas on any concourse; or

(5)

A place in which smoking is prohibited by the fire code or other law, ordinance or rule.

(d)

Each employer who operates a place of employment within the boundaries of Hartsfield-Jackson Atlanta International shall, subject to the other provisions in this section, maintain a written smoking policy consistent with this section that accommodates the wishes of smoking and nonsmoking employees by designating smoking areas. If a dispute arises, the preferences of nonsmokers shall be accommodated. However, the employer is not required to make structural or physical modifications to accommodate the smoking area, and existing physical barriers and ventilation systems shall be used to minimize the effect of smoke adjacent to nonsmoking areas.

(e)

The management of a restaurant, bar or other eating establishment that has a seating capacity of more than 25 persons shall designate a smoking area proportionate in size to the number of customers normally requesting a smoking area. This policy does not prohibit a proprietor from designating a restaurant or bar in its entirety as a nonsmoking area.

(f)

The management of a fully enclosed restaurant or bar with a seating capacity of less than 25 persons or a fully enclosed concession area with less than 4,000 square feet of retail floor space may designate the area in its entirety as a smoking area. If the restaurant, retail space or bar is designated in its entirety, that fact shall be posted conspicuously at all entrances to the premises.

(g)

All persons responsible for implementing this policy shall post, in a conspicuous place, signs in any areas designated as smoking areas. The aviation general manager shall cause to have posted at all entrances to the terminal buildings and at the entrances of all city employee occupied buildings, signs stating: "Smoking is Prohibited Except in Designated Areas."

(h)

All persons responsible for implementing this policy shall make a reasonable effort to prevent smoking by posting signs as required in this section and asking smokers to refrain from smoking in all areas not designated as smoking areas.

(i)

This section does not prohibit an employer or other proprietor with a business located on airport property from adopting a more stringent policy.

(j)

Each employer required to adopt a written policy under this section shall provide proof of same to the office of the aviation general manager within 120 days from the date the business begins to operate on airport property.

(k)

The director of airport operations shall be responsible for implementing this section.

(l)

Fully enclosed offices or rooms occupied exclusively by smokers shall be exempt from this section.

(m)

Appropriate signage shall be installed throughout the public areas of the airport by the department of aviation, except that employers or tenants whose businesses are located in exclusively leased areas not ordinarily accessible by the general public may utilize their own design or signs so long as the signs are clearly visible and are not inconsistent with other department of aviation regulations or policies.

(n)

Notwithstanding the provisions of this section, any employer, tenant or other proprietor may delegate to the department of aviation, in writing, the responsibility of designating smoking areas within their respective areas. This provision shall not, however, relieve the employer, tenant or proprietor from the other requirements of this section.

(o)

No person under the age of 18 shall be allowed to enter the designated smoking rooms provided by this section, and appropriate signage shall be posted to that effect.

(p)

Any person who violates the provisions of this section shall, upon conviction, be punished as provided in section 1-8.

(Code 1977, §§ 12-3010, 12-3011; Ord. No. 2004-51, §§ 1, 2, 8-20-04)

Cross reference

Smoking generally, § 86-31 et seq.; smoking in certain areas within city buildings and facilities, § 106-9.