Atlanta › Code of Ordinances — Part II (General Ordinances)

Chapter 86 — Health and Sanitation

current as of 2026-05-29currency checked manuallyOfficialVerify with City of Atlanta ↗15 sections · full chapter

§ 86-1

Toilets on trains.

Sec. 86-1. Toilets on trains.

(a)All railroad and sleeping car companies running cars into the city shall keep their toilets securely locked and shall not permit them to be used by anyone while the cars are within the city limits; provided, however, that those toilets may be opened for use while the cars are standing in a station, if they are provided with proper watertight, flyproof receptacles of a design approved by the director, bureau of sanitary services which are properly kept in place. The toilets so used shall be served by the bureau of sanitary services at times and places specified by the director for the removal of excrement.

(b)Responsibility for failure to comply with this section shall be upon the persons operating trains and the persons having control of the tracks, together with all the officers, employees and agents of persons operating railroads who have it within their power or authority to comply or to enforce compliance with this section, and any of these persons may be convicted and punished for violation of this section. (Code 1977, §§ 14-10012, 14-10013)

§ 86-2

Adoption of regulations promulgated by Fulton County board of health and DeKalb County board of health.

Sec. 86-2. Adoption of regulations promulgated by Fulton County board of health and DeKalb County board of health.

The regulations promulgated by the Fulton County board of health are adopted by the city to apply in those portions of the city lying within Fulton County and to apply outside the city on any property owned by the city for airport purposes. The regulations promulgated by the DeKalb County board of health are adopted by the city to be applied in that section of the city lying within DeKalb County. (Code 1977, §§ 9-6002, 14-7001)

§ 86-3

Disposition of bodies of unidentified persons.

Sec. 86-3. Disposition of bodies of unidentified persons.

(a)Removal to hospital. Any unidentified person who shall die in the city, whose relatives are unknown by the person assuming to take charge of the body, shall be immediately removed to Grady Hospital, where the dead body shall be placed in a room subject to the orders of the medical examiner of Fulton County or DeKalb County, whichever has jurisdiction of the body.

(b)Examination of remains. The authorities of Grady Hospital shall, on receipt of the remains, examine them for identification, place all effects in a proper receptacle and hold the body for a period of eight hours, awaiting identification by relatives.

(c)Notice to police. Immediately upon the receipt of the dead body, the superintendent of Grady Hospital shall notify the department of police if it appears that the department has not been previously advised. The department shall immediately make fingerprints of the deceased person and use the prints in an effort to effect the person's identification. The department of police shall record carefully every mark of identification which may be found on the dead body and make a permanent record thereof. The personal description so far as ascertainable shall be entered, which shall include the weight, height, the color of hair, the sex, the race and any other feature which might aid in identification.

(d)Delivery to funeral director. Except as otherwise ordered by the medical examiner, if the body should not be identified and claimed by relatives within eight hours, the remains shall be under the direction of the medical examiner, and at the direction of the medical examiner the remains shall be sent to a reputable funeral directing establishment in the city by the hospital authorities for the purpose of embalming and preservation of the remains.

(e)Autopsies. No autopsies or postmortems are to be held on the remains of the person, except upon the order of the medical examiner or upon the written order of the nearest of kin, and then only when the order shall have the approval of the medical examiner.

(f)Surrender of remains. The remains shall not be surrendered by the hospital to any funeral director, except as provided in this section, for the purpose of embalming, except upon the written order of the medical examiner or upon written order of the next of kin delivered to the hospital with the written approval of the medical examiner. (Code 1977, § 14-7002)

State law reference—Georgia Death Investigation Act, O.C.G.A. § 45-16-20 et seq.

§ 86-4

Noise zone around hospitals, surgicenters.

Sec. 86-4. Noise zone around hospitals, surgicenters.

(a)Definitions. For the purpose of this section, the term "surgi-center" means a medical facility that provides surgical services to patients who do not require overnight hospital care. The term "hospice" means a facility that provides housing, medical and emotional assistance to the terminally ill.

(b)Established. The streets in front of or surrounding hospitals, sanitariums, surgi-centers and hospices shall have what is known as a noise zone within a distance of 300 feet of the grounds thereof, in all directions. Where signs are erected along the street within a distance of 300 feet of the grounds of the hospital, sanitarium, surgicenter or hospice in all directions, this shall constitute the noise zone, whether these signs are erected by the city or by the authorities in charge of the hospitals, sanitariums, surgi-centers or hospices.

(c)Quiet to be maintained. It shall be unlawful for any person within a noise zone around a hospital, sanitarium, surgi-center or hospice to cry out the sale of wares therein, to use whistles, radios or other noise-making devices, to drive any vehicle at such rate of speed as shall create a disturbing noise, to drive any motor vehicle with the muffler cutout open or to make or cause to be made any loud noise in any manner whatsoever. (Code 1977, § 14-7005; Ord. No. 1997-37, § 1, 6-18-97)

Cross reference—Offenses and miscellaneous provisions, ch. 106.

§ 86-5

Condemnation, disposal of decayed fruit, meat, other food.

Sec. 86-5. Condemnation, disposal of decayed fruit, meat, other food.

(a)Duty ofsanitation inspectors. It shall be the duty of the sanitation inspectors to condemn and require to be sent out of the city as garbage, by the owner or person in possession thereof, under direction of the director, bureau of sanitary services, all decayed or stale melons, fruits and vegetables and all unsound, tainted, offensive or unwholesome meats, fish, poultry, game or other articles of food kept or stored in any box or refrigerator, held or offered for sale at any of the fruit stands, stores or markets in the city or offered for sale from any car on any of the railroad tracks in the city.

(b)Violations. Any merchant, trader, dealer or other person who shall refuse to allow the sanitation inspectors opportunity to inspect such person's stock of melons, fruits, vegetables and meats, fish, poultry, game or foodstuffs of any kind or who shall, when any of this stock is condemned, refuse to remove it from the city as garbage shall be deemed guilty of an offense. (Code 1977, § 14-7006)

State law reference—Food generally, O.C.G.A. § 26-2-1 et seq.

§ 86-6

Duty of owner to clean property; violations; penalties.

Sec. 86-6. Duty of owner to clean property; violations; penalties.

(a)It shall be unlawful for any owner or tenant of any lot or tract of land to allow the accumulation of garbage, rubbish, trash, debris or discarded articles or materials or to allow the excessive growth of grass, weeds or vines on any such lot or tract of land.

(b)Should any owner or tenant fail to completely clean and clear the premises within 14 days from the date of receipt of a notice of violation, such owner or tenant shall be charged with a violation of this section, and if convicted shall be punished by a fine of not less than $500.00.

(c)The notice required in subsection (b) above, shall be delivered personally or by certified mail.

(d)No notice shall be required for repeated violations of this code section at the same location in which case the owner or tenant may be charged with a violation of this section and a citation may be immediately issued.

(e)If the owner or tenant of a lot or tract of land has been found charged and convicted in violation of this code section within the immedi-ately preceding twelve month period at the same location, such owner or tenant shall be punished by a fine of $1,000.00. (Code 1977, § 14-7091; Ord. No. 1998-79, § 1, 11-9-98)

Charter reference—Authority relative to nuisances, § 1-102(c)(30).

Cross references—Solid waste, ch. 130; vegetation, ch. 158.

Land development code references—Commercial, institutional and building maintenance code, § 8-2079 et seq.; housing code, § 8-2221 et seq.

State law references—Nuisances, O.C.G.A. § 41-1-1 et seq.; municipal nuisance abatement, O.C.G.A. § 41-2-5.

Secs. 86-7—86-30. Reserved.

ARTICLE II. INDOOR AIR*

§ 86-31

Definitions.

Sec. 86-31. Definitions.

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

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.

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 a ceiling that is bounded on all sides by solid walls or windows, exclusive of doorways, which extend from the floor to the ceiling.

Place of employment means any enclosed area under the control of a public or private employer that employees utilize during the course of employ-*Cross references—Smoking at Hartsfield-Jackson Atlanta International, § 22-68; businesses, ch. 30; environment, ch. 74; smoking on MARTA buses, trains and rail cars, § 106-8; smoking in certain areas within city buildings and facilities, § 106-9.

ment, 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-case or health care facility. This term shall not include vehicles used in the course of employment.

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 residents is not a public place unless it is used as a licensed child care, 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 vapor products store means a retail store utilized primarily for the sale of vapor products and accessories and in which the sale of other products is merely incidental.

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.

Service line means any indoor line at 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 a lighted tobacco product including cigarettes, cigars, and pipe tobacco.

Sports arena means enclosed sport stadiums and enclosed 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 either to engage in physical exercise, participate in athletic competition or witness sports or other events.

Vapor product means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term 'vapor product' shall include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. (See OCGA § 16-12-170) (Code 1977, § 9-8001; Ord. No. 2019-38(19-O1205), § 2, 7-9-19)

Cross reference—Definitions generally, § 1-2.

§ 86-32

Prohibition of smoking.

Sec. 86-32. Prohibition of smoking.

(a)Smoking and vaping is prohibited in public places. Except as otherwise specifically authorized in this article, smoking shall be prohibited in all enclosed public places in the City of Atlanta.

(b)Smoking and vaping is prohibited in places of employment. Except as otherwise specifically provided in this article, smoking shall be prohibited in all enclosed places of employment, 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.

(c)Smoking and vaping is prohibited on city right of way within ten feet of outside building entrances and windows where smoking is prohibited.

(d)Smoking and vaping is prohibited in hotel and motel rooms.

(e)Smoking and vaping is prohibited in longterm care facilities.

(f)Smoking and vaping is prohibited in outdoor areas of employment.

(g)Smoking and vaping is prohibited in private and semi-private rooms in health-care facilities.

(h)Smoking and vaping is prohibited in bars and restaurants, except as otherwise specifically authorized in this article.

(i)Smoking and vaping is prohibited in convention facility meeting rooms and public and private assembly rooms.

(j)Smoking and vaping is prohibited in common work areas, conference and meeting rooms, and private offices in private places of employment, other than medical facilities, that are open to the general public by appointment only. (Code 1977, § 9-8002; Ord. No. 2019-38(19-O1205), § 2, 7-9-19)

§ 86-33

Areas exempt from smoking prohibitions.

Sec. 86-33. Areas exempt from smoking prohibitions.

The regulations of smoking pursuant to this article shall not apply in the following areas:

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

(2)An establishment authorized to sell or serve alcohol for consumption on the premises under chapter 10, article II, division 2 of the City of Atlanta Code of Ordinances; generate 20 percent or $250,000.00 or more of their annual gross revenue from the sale of tobacco products;

and which deny access to any person under the age of 18 and do not employ any individual under the age of 18.

a.Such establishments must secure a certificate of exemption to be provided by the city's police department, licenses and permits unit at the time of the issuance of the initial alcohol license, or at the time of the issuance of the alcohol license upon renewal thereof, and which shall be displayed conspicuously in the manner of the alcohol license.

(3)Retail tobacco stores and retail vapor product stores.

(4)Private clubs, military officer clubs, and noncommissioned officer clubs.

(Code 1977, § 9-8003; Ord. No. 2019-38(19-O1205), § 2, 7-9-19)

§ 86-34

Declaration of smoke-free environment.

Sec. 86-34. Declaration of smoke-free environment.

Notwithstanding any other provisions of this article, 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. (Code 1977, § 9-8004; Ord. No. 2019-38(19-O1205), § 2, 7-9-19)

§ 86-35

Posting of signs.

Sec. 86-35. Posting of signs.

DNo smokingD signs or the international DNo SmokingD symbol consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it may 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. (Code 1977, § 9-8005; Ord. No. 2019-38(19-O1205), § 2, 7-9-19)

§ 86-36

Enforcement.

Sec. 86-36. Enforcement.

(a)This article shall be enforced by the department of police.

(b)The city solicitor may initiate any action seeking enforcement of this article on the solicitor's own motion or upon information provided by any citizen. Any officer of the city police department also may initiate an action for violation of this article if a violation occurs in such officer's presence. Any other police officer whose jurisdiction is located within the city may initiate an action for violation of this article if a violation occurs in such officer's presence provided that the violation occurs within that officer's jurisdiction.

(c)Any owner, operator or manager of any establishment regulated by this article shall inform persons violating this article of this article's provisions.

(d)In any dispute arising under this article, the need to breathe smoke-free air shall be given precedence over the need to smoke. (Code 1977, § 9-8006; Ord. No. 2019-38(19-O1205), § 2, 7-9-19)

§ 86-37

Other applicable laws.

Sec. 86-37. Other applicable laws.

This article shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws, regulations or policies. (Code 1977, § 9-8007; Ord. No. 2019-38(19-O1205), § 2, 7-9-19)

§ 86-38

Violations and penalties.

Sec. 86-38. Violations and penalties.

Every person who owns, manages, operates, or otherwise controls a public place or place of employment and who fails to comply with the provisions of this article shall be guilty of an infraction, punishable by:

(1)A fine not exceeding $100.00 for a first violation.

(2)A fine not exceeding $200.00 for each additional violation within one year.

(Code 1977, § 9-8009; Ord. No. 2019-38(19-O1205), § 2, 7-9-19)

§ 86-39

Governmental agency cooperation.

Sec. 86-39. Governmental agency cooperation.

The Mayor of the City of Atlanta shall request other governmental and educational agencies having facilities within the City of Atlanta to establish local operating procedures in cooperation and compliance with this ordinance. This includes urging all federal, state, county and school district agencies to update their existing smoking control regulations to be consistent with the current health findings regarding secondhand smoke. (Ord. No. 2019-38(19-O-1205), § 2, 7-9-19)

Chapters 87—93 RESERVED Chapter 94 HUMAN RELATIONS* Article I. In General Secs. 94-1—94-9. Reserved.

Article II. Human Relations Commission Sec. 94-10. Definitions. Sec. 94-11. Policy. Sec. 94-12. Retaliatory conduct prohibited. Sec. 94-13. Severability clause. Secs. 94-14—-94-35. Reserved. Sec. 94-36. Created. Sec. 94-37. Composition; appointment; terms. Sec. 94-38. Reserved. Sec. 94-39. Compensation. Sec. 94-40. Meetings; conduct of business. Sec. 94-41. Functions. Secs. 94-42—94-65. Reserved.

Article III. Non-Discrimination in Public Accommodations Sec. 94-66. Definitions. Sec. 94-67. Policy. Sec. 94-68. Unlawful discrimination. Sec. 94-69. Reserved. Secs. 94-70—94-90. Reserved.

Article IV. Fair Housing Sec. 94-91. Definitions. Sec. 94-92. Policy. Sec. 94-93. Reserved. Sec. 94-94. Unlawful practices in selling or renting dwellings. Sec. 94-95. Unlawful denial of or discrimination in membership or participa-tion in service or organization relating to selling or renting dwellings. Sec. 94-96. Discrimination in residential real estate related transactions; appraisals. Sec. 94-97. Permissible limitations in sale, rental or occupancy of dwellings by religious organizations or private clubs; housing for older persons. Sec. 94-98. Educational, conciliatory activities. Secs. 94-99—94-103. Reserved. Sec. 94-104. Coercion prohibited. Sec. 94-105. Reserved. Secs. 94-106—94-109. Reserved.

*Charter reference—Authority to foster human relations, § 1-102(c)(12). Cross references—Equal employment opportunity clause in municipal contracts, § 2-1200; assistance to small and disadvantaged businesses, equal employment opportunity and purchasing and contracting, §§ 2-1356 et seq., 2-1411 et seq.; equal business opportunity, § 2-1441 et seq.; community relations commission, § 2-2046 et seq.; equal employment opportunity for city personnel, § 114-51 et seq. Land development code reference—Barrier free dwelling for physically disabled persons, § 8-2182.

Article V. Fair Private Employment Sec. 94-110. Policy. Sec. 94-111. Definitions. Sec. 94-112. Unlawful employment practices. Sec. 94-113. [Violation.] Sec. 94-114. Exclusions from unlawful employment practices. Secs. 94-115—94-119. Reserved.

Article VI. Enforcement Sec. 94-120. Prosecution of ordinance violations in Atlanta Municipal Court. Sec. 94-121. Filing of complaints with the human relations commission. Secs. 94-122—94-130. Reserved.

Article VII. Domestic;Eol;Partnerships Sec. 94-131. Definitions. Sec. 94-132. Legal effect of declaration of domestic partnership. Sec. 94-133. Establishing existence of domestic partnership. Sec. 94-134. Records, copies, filing fees. Sec. 94-135. Visitation in jail/prison/detention facilities. Sec. 94-136. Ending domestic partnerships. Sec. 94-137. Enforcement. Sec. 94-138. Limited effect. Secs. 94-139, 94-140. Reserved.

Article VIII. Atlanta Commission on Women Sec. 94-141. Sec. 94-142. Sec. 94-143.

Created. Powers and duties. Composition; appointment; terms.

Article IX. Landlord-Tenant Security Deposit Regulations Sec. 94-150 Sec. 94-151. Sec. 94-152.

Policy declaration. Definitions. Security deposit.

ARTICLE I. IN GENERAL

Secs. 94-1—94-9. Reserved.

ARTICLE II. HUMAN RELATIONS COMMISSION*