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About Decatur’s New Comprehensive Smoke-Free Law

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» Smoking Ordinance (PDF)

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When does the new law go into effect?
October 1, 2007

Which buildings are covered?
The new law prohibits smoking in virtually every public building and workplace in Decatur. The new law prohibits smoking in such places as:

  • Offices
  • Factories
  • Bars
  • Restaurants
  • Private clubs with employees
  • Bingo halls
  • Bowling alleys
  • Health Care Facilities
  • Shopping Malls
  • Sports Arenas
  • Stores.

The law does not apply to private homes. Hotels and motels may permit smoking in private rooms. However common areas, such as lobbies and elevators, must be smoke free.

What are the penalties?
When appropriate, citations will be issued to building owners, lessees, business managers, and smokers in violation of the law.

Fines for violating the comprehensive smoke-free law are $1 to $500, and will be levied at the discretion of the judge.

Citizens refusing to abide by the law can be fined the same as business operators. Those who refuse to stop smoking in a public building can be asked by the management to leave the premises and, if they refuse, be charged with criminal trespass.

How will the comprehensive smoke-free law be enforced?
The law is enforceable by any duly sworn police officer employed by the city, the county health officer or a duly authorized representative, or as otherwise allowed by law for the prosecution of offenses.

What should I do if I see someone violating the Smoke Free Law?
If you see someone smoking in a public building, workplace, or area:

  • Ask the smoker to please put out the cigarette, cigar, or pipe.
  • Inform the business owner or manager.
  • If smoking continues, call the city police or county health department to register a complaint.

 

Frequently Asked Questions

Decatur’s Comprehensive Smoke Free Law
Ordinance 07-3906
(Amended Chapter 18.5 of the Code of Decatur, Alabama)

Q: When will the comprehensive Smoke Free law take effect?
A: October 1, 2007

Q: What businesses must ban smoking?
A: Virtually every public building and workplace in Decatur must now prohibit smoking. The new law prohibits smoking in offices, factories, churches, private clubs with employees, bars, restaurants, bingo halls, bowling alleys, and stores. Retail tobacco stores are exempt from the law as long as smoke does not infiltrate in areas otherwise prohibited by the ordinance. The new law does not apply to private homes. Hotels and motels may permit smoking in private rooms. However common areas, such as lobbies and elevators must be smoke free.

Q. The old law allowed smoking in rooms with independently ventilated enclosed smoking areas. Does the new law?
A. No. The new law does not allow any exemption for independently ventilated enclosed smoking areas.

Q: Can facilities be cited for not posting signage or having ashtrays at smoke free establishments?
A: Yes, the law states that all ashtrays shall be removed and applicable signage must be posted in order for facilities to be in compliance with the ordinance.

Q: Can I step outside a building and smoke?
A: Yes, as long as you remain a reasonable distance of 10 feet from any entrance to prevent smoke from entering the building through a window, door, or the ventilation system.

Q: Does this ban apply to covered patios or areas covered by canopies?   
A: The law defines an enclosed area as “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.” If the structure is not enclosed, then smoking restrictions are not required. However, smoke from the unenclosed structure must not enter an adjacent building.

Q: Who will enforce the law?
A: The Decatur Police Department and Morgan County Health Department will investigate complaints as they are received. Although most smoke-free laws are self-enforcing, occasionally compliance with the law becomes an issue. If so, enforcement shall be by citation.

Q: Who can be cited for violating the law?
A: Individual offenders as well as the building owner, lessee, principal manager, or person in control of a building or establishment.

Q: What should I do if someone refuses to stop smoking in my establishment?
A: You should ask them to leave the establishment. If they refuse to leave, contact the Decatur Police Department to report a criminal trespass complaint.

Q: What are the penalties for breaking this law?
A: Fines for violating the comprehensive smoke-free law are $1 to $500, and will be levied at the discretion of the judge.

Citizens refusing to abide by the law can be fined the same as business operators. Those who refuse to stop smoking in a public building can be asked by the management to leave the premises and, if they refuse, be charged with criminal trespass.
   
Q: Are people allowed to smoke in Decatur City Buildings?
A: No.

Q: Are people allowed to smoke in state or federal government buildings?
A: The ordinance applies unless it is in conflict with state or federal law.

Q: Does the law prohibit smoking in public parks or other outdoor arenas?
A: Smoking is prohibited in all seating areas of all outdoor arenas, stadiums, and amphitheaters, as well as in bleachers and grandstands for use by spectators at sporting events and other public events.

Q: How do I report a violation of the smoking ban?
A: First, contact the owner/manager of the establishment. If more assistance is needed, call the police.

Q: Where can I get No Smoking signs?
A: Sample smoking signs will be made available on the City of Decatur website at www.decaturalabamausa.com . Signs reading “NO SMOKING” or bearing the international no-smoking symbol shall be clearly and conspicuously placed at the entrance to every public place and place of employment where smoking is prohibited by the ordinance. 

Decals bearing the universal no-smoking symbol are available at the City Clerk’s Office in Decatur City Hall at no charge.  Posting of these decals at each entrance will comply with the signage requirements of the ordinance.

Q: What if I have questions regarding my building or business?
A: Specific questions can be addressed to Susan Hood at 256-341-4503 between 8:00 a.m. and 5:00 p.m.