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Section 1. Purpose

WHEREAS, numerous studies for years have shown evidence of the detrimental effects of passive smoke on non-smokers; and

WHEREAS, non –smokers should not be forced to inhale the second-hand smoke of others at their place of work regardless of the documented ill effects; and

WHEREAS, it should be the goal of every elected official and department head to make Habersham County, Georgia a safe, healthy, and attractive place to work; and

WHEREAS, the purpose of this ordinance is to protect the public health, safety and welfare of County employees and members of the public by providing a smoke –free environment.

Section 2. Definitions

1. Smoking is defined as holding a lighted pipe, cigar, or cigarette of any kind, or lighting, or emitting or exhaling the smoke of a pipe, cigar, or cigarette of any kind.
2. County building means any enclosed, indoor area which is owned, leased, or controlled by the County, including, but not limited to, offices or other work areas, restrooms, and rooms in which a public meeting, hearing, or other official proceeding open to the public is in progress.
3. County vehicle is any motor vehicle owned or controlled by Habersham County, Georgia.

Section 3. Smoking prohibited

1. Smoking is prohibited in all buildings owned or building spaces leased by Habersham County, Georgia Government, except in any Habersham County detention facility where the smoking policy is determined by the Sheriff of Habersham County, Georgia.
2. Smoking is prohibited in all County vehicles at all times.

Section 4. Signs posted

Signs shall be posted at each public entrance to public buildings providing notice to employees and the public at large that smoking is prohibited on the premises. Notwithstanding the provisions of this section, smoking is prohibited in all County buildings, whether posted or not.

Section 5. Enforcement and penalties

This Ordinance shall be enforced in the Magistrate Court of Habersham County. The penalties for violation of any provision of this Ordinance shall be punishable by a fine up to $1,000.00 and/or incarceration of not more than 60 days. Each day a violation of this Ordinance occurs shall be considered a separate offense.

Section 6. Severability

If any part of this Ordinance is for any reason held to be void or invalid, the validity of the remaining parts of this Ordinance or its application to other persons or set of circumstances shall not be affected thereby.

Section 7. Repealer

All previous ordinances, policies or resolutions in conflict with this Ordinance are hereby repealed