Atlanta, GA

Atlanta City Council Resolution 99-R-0606
Effective: 4/4/99 – Through: 6/28/23
Attached file: ATL 99-r-0606.pdf
[see attached PDF for multi-stakeholder board language]

City of Atlanta Ordinance 21-O-0777
Effective: 12/14/21 – Through: 6/28/23
Attached file: 21-O-0777.pdf
WHEREAS: More than a half century ago, the Rev. Dr. Martin Luther King first preached of building the “Beloved Community,” a vision for a world free not only of poverty, hunger and homelessness– but racism, discrimination, bigotry, and prejudice; and

WHEREAS: Central to realizing this vision is the concept of genuine social and economic inclusiveness for all people; and

WHEREAS: Decades later, the birthplace of Dr. King is home to the highest income inequality and lowest social mobility rates in the nation; and

WHEREAS: This can change– but it requires a serious commitment to tackle one of our most-pressing challenges: housing affordability; and

WHEREAS: Dr. King declared that creating the Beloved Community would require “a qualitative change in our souls as well as a quantitative change in our lives;” and

WHEREAS: Atlanta stands in front of such an opportunity today; and

WHEREAS: As rent and home prices skyrocket — often in response to infrastructure the City itself has built from the Atlanta BeltLine to the new Westside Park — our local government has an obligation to do more to support our legacy residents who have been most impacted by the tremendous change and rapid growth Atlanta has experienced; and

WHEREAS: Without stable and affordable housing, basic public interest outcomes for Atlanta households including but not limited to educational attainment, job security, entrepreneurial opportunity, health, and wealth, are sharply hampered. Failure to address housing stability completely undermines other investments or initiatives with improved social or economic objectives; and

WHEREAS, New dollars are especially needed for the construction and preservation of affordable housing in more affluent parts of Atlanta to ensure racial and socioeconomic diversity across our city; and

WHEREAS: In June 2019, Mayor Keisha Lance Bottoms published the One Atlanta Housing Affordability Action Plan, built around the two aligned goals of creating or preserving 20,000 affordable homes by 2026 as well as investing $1 billion from public, private, and philanthropic sources in the production and preservation of affordable housing; and

WHEREAS, the One Atlanta: Housing Affordability Action Plan called for the development of new funding sources, including the expansion of the Housing Opportunity Bond Program and the establishment of a recurring local funding sources dedicated to affordable housing; and

WHEREAS, In September 2018, similar initiatives were included in the final recommendations presented by HouseATL, a comprehensive and diverse group of highly-respected business, nonprofit, government, and philanthropic leaders who came together to develop next steps on how Atlanta could tackle its affordability challenges; and

WHEREAS: The two documents provided detailed and necessary next steps to protect those who have called Atlanta home for generations and residents of various income levels for decades into the future; and

WHEREAS: On January 4, 2020, Council unanimously adopted 20-O-1779, which authorized a $100 million housing opportunity bond that will produce or preserve nearly 3,500 units of affordable housing; and

WHEREAS, the City now desires to further commit itself to progress on this important issues by establishing of a recurring local funding sources dedicated to affordable housing; and

WHEREAS, the City also desires to amend the Code by adding a new paragraph (4) to Subsection (b) of Section 6-315 to direct appropriate levels of funding to affordable housing initiatives by setting aside two percent (2.0%) of the City of Atlanta general fund budget to be phased in over a three-year period at the beginning of each fiscal year to ensure adequate annual funding for affordable housing initiatives; one percent (1.0%) for FY23; one and one-half percent (1.5%) for FY24; and two percent (2.0%) for FY 25, provided that the Projected Unrestricted Fund Balance of the General Fund (excluding Non-spendable allocations of the General Fund’s Fund Balance), in a year where an increase would take effect, is above 20% of the Proposed Revenue Budget and the Proposed Revenue Budget, from all sources, exceeds the prior year’s Inflation Adjusted Funded Budget based on the Consumer Price Index for All Urban Consumers (CPI-U) for Atlanta-Sandy Springs-Roswell as reported by U.S. Bureau of Labor Statistics.

THE CITY COUNCIL OF THE CITY OF ATLANTA GA, HEREBY ORDAINS, as follows:

jonathan.larsen@temple.edu SECTION 1: The City of Atlanta Charter Subpart A, Article 6 (entitled “Revenue and Fund Administration”), Chapter 3 (entitled “Fiscal Control), Section 6-315 (entitled “Fund balance policy”) shall be amended by adding a new paragraph (4) to Subsection (b) of Section 6-315, which shall read as follows:

(4) Prior to the fund balance being encumbered for any expenditure in Paragraphs (1) and (2) of this subsection, two percent (2.0%) of the general fund budget at the beginning of each fiscal year shall be appropriated to a dedicated Affordable Housing Fund, solely to ensure adequate funding for affordable housing.

(5) Prior to the appropriation of any funds in accordance with paragraphs (3) and (4) of this subsection, the Chief Financial Officer shall present a report to the City Council addressing any concerns or considerations during the annual budget adoption process and making a recommendation to approve, reject, or modify any appropriations, including those set forth in paragraphs (3) and (4) of this subsection.

jonathan.larsen@temple.edu SECTION 2: That the Chief Financial Officer is hereby authorized and directed to create an Affordable Housing Trust Account to support affordable housing initiatives, where payments, donations, and grant monies received for this initiative shall be deposited into the following account.

SECTION 3: During the budget creation the budget will be amended for the percentage indicated in the above whereas clause of the General Fund Budget for that fiscal year as follows:

Annual Budget Entry each year:

[tables omitted]

[…]

SECTION 4: That all ordinances and parts of ordinances in conflict herewith are hereby repealed for purposes of this ordinance only, and to the extent of the conflict.

Georgia DOT-Resolution of the State Transportation Board Regarding Complete Streets
Effective: 9/19/12 – Through: 5/31/23
WHEREAS, Complete Streets is the practice of planning, designing and constructing streets and roadways that integrate and balance the needs of pedestrians, bicyclists, transit riders, and motor vehicle traffic; and

WHEREAS, the State Transportation Board is committed to providing safe, adequate, and balanced accommodations for pedestrians, bicyclists, and transit users, regardless of age or ability, wherever it is practical to do so; and

WHEREAS, the projected doubling of Georgia’s senior citizen population over the next 20 years is evidence of the increased need for community based transportation options that are less dependent on driving; and

WHEREAS, providing options for individuals with disabilities requires making available access to a broader range of transportation options; and

WHEREAS, the full integration of all modes of travel in the design of streets and roadways will reduce traffic congestion, improve mobility, and provide more reliable commute times; and

WHEREAS, the State Transportation Board supports communities that provide pedestrian, bicycle, and transit accommodations between residential and school districts, parks, public facilities, and commercial and employment districts; and

WHEREAS, the Georgia Department of Transportation has the opportunity to create and improve transportation facilities for all users by implementing Complete Streets principles and standards into appropriate GDOT projects; and

WHEREAS, the Georgia Department of Transportation has coordinated with the Atlanta Bicycle Coalition, Atlanta Regional Commission, City of Atlanta, City of Decatur, City of Roswell, Cobb Community Transit, Federal Highway Administration, Federal Transit Administration, Georgia Bikes, Georgia Municipal Association, Georgia Regional Transportation Authority, Gwinnett County Transit, MARTA, National Complete Streets Coalition, and PEDS to understand users and needs; and

WHEREAS, the Georgia Department of Transportation partners with local governments, regional commissions and MPOs, to incorporate Complete Streets principles into local transportation projects through special programs such as Safe Routes to School, Transportation Enhancement, Livable Centers Initiative, Georgia Transit, and the Georgia Rail Passenger Program.

NOW, THEREFORE, BE IT RESOLVED that the State Transportation Board supports the advancement of accessibility for pedestrian, bicycle, and transit modes of transportation along streets and roadways in Georgia with the goal of reducing congestion, improving mobility, and enhancing the quality of life for all users.

BE IT FURTHER RESOLVED that the Georgia Department of Transportation staff is directed to adopt policies, guidelines and standards as necessary for the successful implementation of Complete Streets.

[…]

City of Atlanta, Georgia Ordinance 18-O-1709 AN ORDINANCE BY TRANSPORTATION COMMITTEE TO ADOPT ATLANTA’S TRANSPORTATION PLAN, AN UPDATE TO THE 2008 CONNECT ATLANTA PLAN; AND TO ADOPT THE ATLANTA MULTIMODAL STREETS POLICY; AND FOR OTHER PURPOSES.
Effective: 12/2/18 – Through: 5/31/23
WHEREAS, the Connect Atlanta Plan was adopted in 2008, Ordinance number 08-O-2232, as the City of Atlanta’s first Comprehensive Transportation Plan to guide the City’s transportation policies, goals, and priorities; and

WHEREAS, the Atlanta Regional Commission (“ARC”) named the City of Atlanta (“City”) as the recipient of the Comprehensive Transportation Plan Funding Assistance Program in the amount of $1,000,000.00 on condition that the City match $250,000.00 for a total cost of $1,250,000.00 to prepare Atlanta’s Transportation Plan, an update to the existing 2008 Connect Atlanta Plan; and

WHEREAS, the Department of City Planning engaged and directed a consultant team to produce Atlanta’s Transportation Plan, a city-wide collaborative study involving the public, neighborhoods, regional and state governmental agencies, community improvement districts, and local elected officials; and

WHEREAS, great efforts were made to engage the public by hosting a kick-off meeting, public meetings, public outreach work sessions, pop-ups in various places around the City, on-line surveys, forming a selected technical advisory committee and a stakeholder committee whose membership was open to anyone who requested and was willing to participate; and

WHEREAS, the Department of City Planning and consultants identified additional transportation solutions and financing strategies to meet the demands of population growth and promote Atlanta as an attractive place for area residents and visitors to work, shop, and play through a balanced transportation system that accommodates all travel modes; and

WHEREAS, Atlanta’s Transportation Plan is based on the vision and growth projections articulated in City Design and incorporates transportation project recommendations from the 2008 adopted Connect Atlanta Plan, the MORE MARTA Program, Renew Atlanta, TSPLOST, Streetcar System Plan, adopted Livable Centers Initiative (LCI) and neighborhood sub-area plans and studies; and

WHEREAS, Atlanta’s Transportation Plan priorities will form the basis for future funding submittals for the Transportation Improvement Program developed by the ARC; and

WHEREAS, approval of site plans, transportation recommendations and projects, and funding requests will be based upon their level of consistency with Atlanta’s Transportation Plan and supplemental studies derived from Atlanta’s Transportation Plan; and

WHEREAS, Atlanta’s Transportation Plan is a guide for the City’s future transportation planning efforts and transportation and development decisions; and access strategy to support the implementation of the Atlanta City Design document which was incorporated into the Charter of the City of Atlanta, Ordinance number 17-O-1706; and

WHEREAS, Atlanta’s Transportation Plan addresses the connections between local and regional land use and transportation decisions and serves as input in developing ARC’s future regional plans, which creates stronger connection of local priorities to regional goals; and

WHEREAS, Atlanta’s Transportation Plan consists of the Atlanta’s Transportation Plan summary report document; 13 technical memoranda addressing the following subjects: Asset Management, Bicycle Facilities, Intelligent Transportation Systems, Multimodal Urban Growth Model Methodology, New Mobility and Technology, Pedestrian Facilities, Performance Monitoring, Project Evaluation Methodology, Public Engagement Summary, Public Transportation, Safer Streets, Transportation Demand Management, and Transportation Funding; and two appendices: the Cycle Atlanta 2.0 Study, and Streets Atlanta, A Design Manual for Multimodal Streets; and

WHEREAS, Atlanta’s Transportation Plan establishes the need for a multimodal street policy; and

WHEREAS, the City of Atlanta’s Multimodal Streets Policy establishes and creates the policy framework required to achieve active, balanced, and multimodal streets in the City.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS:

SECTION 1. That Atlanta’s Transportation Plan including all accompanying technical memoranda and appendices, is hereby adopted as an update for the implementation and promotion of the City’s transportation policies and goals. Atlanta’s Transportation Plan is attached hereto as Exhibit “A” and incorporated herein by reference.

SECTION 2. That Atlanta’s Transportation Plan is hereby incorporated into section 7 of the Atlanta Comprehensive Development Plan, updated and adopted in 2016, Ordinance number 16-O-1538. In the event of a conflict, the recommendations and policies of Atlanta’s Transportation Plan shall govern and override any other transportation elements of the Atlanta Comprehensive Development Plan unless otherwise noted in the Plan.

SECTION 3: That the City of Atlanta shall adopt the following Multimodal Streets Policy:

The City of Atlanta shall design, build, operate and maintain a multimodal transportation network that will promote safe, healthy, low stress, affordable, and convenient methods of transportation for all users regardless of age, abilities, race or economic status. Multimodal design will insure future mobility access while promoting social equity, improved health, economic growth, public safety, recreational opportunity, and environmental sustainability throughout the City of Atlanta.

SECTION 4:

That guidelines for the implementation of the Multimodal Streets Policy shall be maintained by the Department of Public Works.

SECTION 5: That all ordinances and parts of ordinances in conflict with the provisions herein are hereby waived to the extent of the conflict.

Georgia Department of Transportation Complete Streets Design Policy (Georgia Department of Transportation Design Policy Manual, Chapter 9)
Effective: 7/23/2024 – Through: 7/23/2024
9.1. Overview

It is the policy of the Georgia Department of Transportation (GDOT) to routinely incorporate bicycle, pedestrian, and transit accommodations into transportation infrastructure projects as a means for improving mobility, access, and safety for the traveling public. Accordingly, GDOT coordinates with local governments and planning organizations to ensure that bicycle, pedestrian, and transit needs are addressed, beginning with system planning and continuing through design, construction, maintenance and operations. This is the “Complete Streets” approach for promoting pedestrian, bicycle, and transit travel in the State of Georgia.

The concept of Complete Streets emphasizes safety, mobility, and accessibility for all modes of travel and for individuals of all ages and abilities. The design of transportation projects for multiple travel modes requires balancing the needs of each mode. This “balance” must be accomplished in a context sensitive manner appropriate to the type of roadway and the conditions within the project and surrounding area.

This policy is consistent with the following statement taken from the U.S. Department of Transportation, Policy Statement on Bicycle and Pedestrian Accommodation Regulations and Recommendations:

The DOT policy is to incorporate safe and convenient walking and bicycling facilities into transportation projects. Every transportation agency, including DOT, has the responsibility to improve conditions and opportunities for walking and bicycling and to integrate walking and bicycling into their transportation systems. Because of the numerous individual and community benefits that walking and bicycling provide — including health, safety, environmental, transportation, and quality of life — transportation agencies are encouraged to go beyond minimum standards to provide safe and convenient facilities for these modes.

GDOT’s primary strategy for implementing Complete Streets is to incorporate bicycle, pedestrian, and transit accommodations into roadway construction and maintenance projects. Local governments and planning agencies can also implement Complete Streets by partnering with GDOT, and by initiating and managing their own locally-funded projects and programs. GDOT assists local governments and metropolitan planning organizations (MPOs) by administering special programs such as Transportation Alternatives Program (TAP), Livable Centers Initiative (LCI), or federally funded programs. In addition, GDOT provides oversight to the State’s Passenger Rail programs to promote motorized transit alternatives such as bus, van-pool, and rail travel.

Altogether, these efforts advance an incremental approach for developing local, regional, and statewide multimodal transportation networks. This approach also supports a primary objective of the Statewide Strategic Transportation Plan to increase the overall health and prosperity of citizens and businesses that use and depend on Georgia’s transportation system.

Pedestrians and bicyclist are allowed on nearly every roadway in Georgia, with the exception of those routes with Full-Control-Access such as interstate highways and major freeways (see Chapter 3.5 Establishment of Access Control for definition of types of access control). This policy is consistent with OCGA § 32-6-113 (ability to design limited-access roadways) and OCGA § 40-6-51 (regulation of controlled-access roadways within jurisdiction). Typical signage used to regulate pedestrians and bicycles on Full-Control-Access facilities is shown below in Figure 9.1.

9.1.1. Principles

The following principles form a basis for the bicycle and pedestrian accommodation policies presented in the remainder of this chapter:

1. Accommodations for bicycles and pedestrians should be integrated into roadway construction projects through design features appropriate to the context and function of the transportation facility.

2. The design and construction of new facilities should anticipate likely demand for bicycling and pedestrian facilities within the design life of the facility.

3. The design of intersections and interchanges should accommodate bicyclists and pedestrians in a manner that addresses the need to safely cross roadways, as well as to travel along them.

4. The design of new and reconstructed roadways should not preclude the future accommodation of bicyclists and pedestrians along and across corridors.

5. While it is not the intent of maintenance resurfacing to expand existing facilities, opportunities to provide facilities or to enhance safety for pedestrians and bicyclists should be considered during the development of these projects. The following principles form a basis for the transit accommodation policies presented in the remainder of this chapter:

1. Accommodations for transit should be integrated into roadway construction projects through design features appropriate for the context and function of the roadway, and associated transit facility (e.g., transit stops, stations, or park-and-ride lots).

2. The design of roadways and intersections should address the need of pedestrians to safely walk along and across roadways, to access nearby transit facilities.

3. The design of new and reconstructed roadways should not preclude the accommodation of transit facilities (e.g., for light rail, street cars, and bus rapid transit) planned and funded for construction within the design life of the roadway project.

9.1.2. References Planning References

Refer to the most current edition of the following publications for planning considerations related to pedestrian, bicycle, and transit facilities:

• Georgia Guidebook for Pedestrian Planning, GDOT, 2006.

• Georgia Bicycle and Pedestrian Safety Action Plan, GDOT, Governor’s Office of Highway Safety (GOHS).

• Pedestrian Safety Guide for Transit Agencies. FHWA, 2008. Consult adopted state, regional, and local planning documents to help identify existing and planned pedestrian, bicycle, and transit facilities. Below are the major types of planning documents commonly adopted by local governments, MPOs, and regional commissions.

• State and regional long range transportation plans.

• City/County comprehensive transportation plans.

• City/County bicycle master plans.

• City/County pedestrian master plans.

• City/County unified public work plans.

• City/County transit development plans.

• City/County transit improvement plans.

• Statewide transit improvement plans.

Where used to evaluate warrants (refer to Section 9.4 Warrants for Accommodation of this manual), information from the above planning documents should be verified with the organization originating the document. The GDOT State Bicycle and Pedestrian Coordinator should be consulted in the event that planning documents show conflicting information about a specific facility and to verify that information shown is current and correct. Corridor or facility planning studies may also be considered.

Design References

Refer to the most current edition of the following publications for the design of pedestrian, bicycle, and transit accommodations:

• Accessible Public Rights-of-Way, Planning and Designing for Alterations, Public Rights-ofWay Access Advisory Committee, 2007.

• Accessible Sidewalks and Street Crossings – An Informational Guide, FHWA, 2004.

• Achieving Multimodal Networks Applying Design Flexibility & Reducing Conflicts, FHWA, 2016.

• Bikeway Selection Guide, FHWA, 2019.

• Context Sensitive Design Manual, GDOT, 2022.

• Designing Sidewalks and Trails for Access, Part II of II: Best Practices Design Guide, FHWA, 2001. (Note: web HMTL version incorporates corrections in the errata sheet.)

• Designing Walkable Urban Thoroughfares: A Context Sensitive Approach, Institute of Transportation Engineers (ITE) and Congress for the New Urbanization (CNU), 2010.

• FHWA Bicycle & Pedestrian Program – Design Guidelines web page, Federal Highway Association (FHWA). http://www.fhwa.dot.gov/environment/bicycle_pedestrian/guidance/design_guidance/

• Guide for Geometric Design of Transit Facilities on Highways and Streets, AASHTO, 2014.

• Guide for High-Occupancy Vehicle (HOV) Facilities, AASHTO, 2004.

• Guide for the Development of Bicycle Facilities, AASHTO, 2012.

• Guide for the Planning, Design, and Operation of Pedestrian Facilities, American Association of State Highway and Transportation Officials (AASHTO), 2004.

• Highway Capacity Manual 2010 (HCM2010), TRB, 2010.

• Manual on Uniform Traffic Control Devices (MUTCD), FHWA, 2009.

• Pedestrian and Streetscape Guide, GDOT, 2019.

• Proposed Guidelines for Public Rights-of-Way (PROWAG) 2, United States Access Board, 2011.

• Safety Effects of Marked Versus Unspaned Crosswalks at Uncontrolled Locations, FHWA, 2005.

• Separated Bike Lane Planning and Design Guide, FHWA, 2015.

• Urban Bikeway Design Guide, National Association of City Transportation Officials (NATCO). (Refer to the FHWA document Bicycle Facilities and the Manual on Uniform Traffic Control Devices for the status of specific bicycle facilities in FHWA’s MUTCD.)

Additional References

• The following publications may also be helpful references: Improving Pedestrian Safety at Unsignalized Crossings (TCRP 112/NCHRP 562), Transit Cooperative Research program

(TCRP) and National Cooperative Research Program (NCHRP), 2006.

• Local Street Design Guides (where applicable).

• Management and Design Guidelines for the Regional Thoroughfare Network, Atlanta Regional Commission (ARC).

• Medians and Pedestrian Crossing Islands in Urban and Suburban Areas, FHWA Office of Safety, Proven Safety Countermeasures.

• Pedestrian Hybrid Beacon, FHWA Office of Safety, Proven Safety Countermeasures.

• Urban Street Design Guide, NATCO, 2013.

• Safe Route to Transit, Pedestrians Educating Drivers on Safety (PEDS), 2014

9.1.3. Definition of Accommodation

An accommodation is here defined as any facility, design feature, operational change, or maintenance activity that provides or improves either non-motorized and/or transit travel. The type of accommodation will vary by location and the needs of expected users, but the safety and accessibility of all modes should be considered for all projects where these modes are allowed.

Commonly applied non-motorized user accommodations include sidewalks, curb ramps, pedestrian crossings, bicycle lanes, bikeable shoulders, shared-use paths, pedestrian activated signals, and midblock treatments such as spaned crosswalks, median islands, signs, lighting, and accessibility features; and/or other treatments as necessary such as landscaping decisions.

Transit accommodations address pedestrian access to and from transit stops, stations and park and ride lots as well as accommodations for transit vehicles accessing these facilities and traveling along the corridor. Commonly applied accommodations for users include sidewalks, crosswalks, pedestrian push-buttons and signal heads etc… Examples of transit accommodations at bus stops include loading pads and pull-outs. A wide range of transit accommodations are described in Toolkit 9 of the GDOT Pedestrian Streetscape Guide, Chapter 9 of the ITE publication Designing Walkable Urban Thoroughfares: A Context Sensitive Approach, the AASHTO Guide for Geometric Design of Transit Facilities on Highways and Streets, and the PEDS Safe Routes to Transit.

9.2. Typical Users & Needs

The selection and design of accommodations require a clear understanding of the users to be benefited. Organizations in Georgia which promote pedestrian, bicycle and transit modes of travel are helpful resources for understanding these users and their needs.

Pedestrians and bicyclists are often grouped together and referred to as non-motorized users. Both user groups generally travel at the far right or alongside the roadway, are generally slower than adjacent motor vehicles, and are more influenced by their immediate surroundings. Since both non-motorized modes travel under their own power and are more exposed to the elements, both often prefer direct routes or shortcuts to minimize their effort and time.

Most transit users access transit facilities as pedestrians or bicyclists and therefore have needs that are very similar to those of non-motorized users. Other transit users access transit via other transit or drop off from personal vehicles.

9.2.1. Pedestrians

A pedestrian is defined as a person afoot. This includes children, senior citizens, and people with physical disabilities; these groups may require additional considerations. Pedestrians also include individuals in wheel chairs (motorized or non-motorized) and on skates and skateboards.

Most transportation trips begin or end with walking. Many pedestrians choose to walk for convenience, personal health, or out of necessity. They often prefer greater separation from the roadway, require additional time to cross roadways, and are the most vulnerable of all roadway users. In addition, pedestrians will often seek to minimize travel distance, choosing direct routes and shortcuts even when facilities are not provided. Walking trips are often combined with transit for traveling longer distances; making accessibility to transit stops and stations an important consideration.

In urban areas, walking trips are often combined with private motor vehicle trips. In this case, people often park once and then walk between stores, restaurants and other facilities/services.

9.2.2. Bicyclists

Bicycling trips serve both utilitarian and recreational purposes, often in the same trip. Utilitarian trips are trips that are a necessary part of a person’s daily activity such as commuting to work, shopping or errands, or taking a child to school. Recreational trips are usually discretionary trips made for exercise and/or leisure.

Rider age and skill level vary considerably. Utilitarian bicyclists are generally more experienced and confident and will typically choose whichever roadway (or off-road facility) provides for the most direct, safe and comfortable travel to their destinations. Recreational bicyclists are generally younger and/or less experienced and will typically choose routes for comfort or scenery, feel more comfortable on lower-speed and lower-volume roadways, and prefer separated or delineated bicycle facilities. Children have a wide range of skills and cognitive ability and will typically travel only on separated facilities and very low-volume, low-speed residential streets. Where allowed by local government ordinance or resolution, children below the age of 12 may also ride on sidewalks.

See OCGA § 40-6-144 for further explanation.

Bicyclists utilize public roadways for most trips and are therefore subject to vehicular laws. Therefore, the bicycle facility should be designed to encourage bicycling behavior that is as predictable as possible when interacting with motor vehicle traffic.

9.2.3. Transit Users

Transit serves a vital transportation function by providing people with freedom of movement and access to employment, schools, community and recreational facilities, medical care, shopping centers, and to other communities. Transit directly benefits those who choose this form of travel, as well as those who have no other choice or means of travel. Transit also benefits motor vehicle users by helping to reduce congestion on roadway networks.

A vital part of the success of a transit system depends on the availability of safe and easy access to transit stations, stops and park-and-ride facilities. Accordingly, transit user accommodations along and across streets served by transit (and on streets that lead to transit corridors) should provide safe and convenient pedestrian access to and from these facilities. Users also commonly access transit by bicycle, car and taxi, as well as other modes of transit.

9.2.4. Needs and Volumes

The degree of non-motorized/transit use and their needs should be determined during the project planning or concept development phases. Defining usage and needs will often require local input and can often be accomplished during the initial concept meeting, by reconnaissance of the project area, and/or at meetings with local officials and stakeholders. Public Information Open House (PIOH) meetings are also a useful venue for obtaining this type of information.

Planning studies for bicycle, pedestrian, and transit travel normally consider the number of users, their typical needs, and significant barriers to travel. This includes measuring current and projecting future travel, evaluating existing conditions, and identifying constraints and opportunities. For bicycle and pedestrian travel, typical planning tools may include non-motorized traffic counts, Bicycle, Pedestrian and Transit Level of Service formulas (refer to HCM2010), Latent Demand (i.e., potential demand) Scores, user surveys, information from transit service providers, and public input. These tools all help establish expected level of usage, destinations, and facility needs above the most basic routine project accommodations.

For transit within urbanized areas; applicable MPOs, regional commissions, and local governments should be contacted to identify specific transit agency(s) providing services on or near the project alignment. Transit agencies identified through this coordination should then be contacted to verify the location of routes and facilities.

The findings of investigations relating to non-motorized and transit users should be documented in the concept report. These findings may be qualitative in nature, but must be sufficient to evaluate the warrants presented in Section 9.4 of this chapter. If the project is expected to adversely impact existing bicycle, pedestrian or transit accommodations, these impacts should be noted.

9.3. User Networks

9.3.1. Pedestrian Networks

Pedestrian networks and associated facilities provide access between local destinations within neighborhoods, towns, and cities. Individual pedestrian networks are interconnected by means of transit, bicycle, and motor vehicle networks to allow for travel between these areas. Facilities that comprise these networks commonly include: sidewalks, crosswalks, shared-use paths, pedestrian underpasses and overpasses, and wide shoulders or sidewalks in rural areas.

Well-developed pedestrian networks provide continuous, direct routes and convenient connections between destinations, such as homes, schools, shopping areas, public services, recreational facilities, and transit. These types of destinations are more densely distributed in urban areas.

Many regional commissions, MPOs, and local governments have adopted plans for pedestrian networks. An example is provided as Figure 9.2 Pedestrian Network Map for Gainesville – Hall MPO (2006). Refer to the Gainesville–Hall MPO Bicycle and Pedestrian Plan for more information on this network. Where available, such maps should be consulted in order to evaluate the

pedestrian warrants presented in Section 9.4.1 Pedestrian Warrants of this Manual. The applicable local government, MPO or regional commission which prepared the map may be contacted to verify the location and intended forms of pedestrian accommodation. For most urban areas, maps will not be available. Consequently, the need for pedestrian accommodations should always consider local and projected conditions along and near the corridor being improved.

The GDOT State Bicycle and Pedestrian Coordinator (within the Safety Unit of the GDOT Office of Traffic Operations) may be consulted with any questions.

Urban areas are classified by the US Bureau of the Census as either “urbanized areas”, “urban cluster areas”, or rural areas. The boundaries for urbanized areas and urban cluster areas are shown on Urban Area Boundary Maps on the GDOT web page Statewide Functional Classification & Urban Area Boundary Update. Please see the embedded links for the Georgia MPO’s and regional commissions. These areas are defined below.

• Urbanized Area: an area with a population of more than 50,000. There are 15 urbanized areas within Georgia, each corresponding to one of Georgia’s 15 MPOs.

• Urban Cluster area: is an area with a population between 2,500 and 49,999. For planning purposes, urban cluster areas are represented by one of Georgia’s 12 regional commissions.

• Rural Area: an area having a population of less than 50,000. Rural areas are represented by one of the 12 regional commissions. The rural area of Georgia includes everything outside of urbanized and urban cluster areas.

Atlanta, Multimodal Streets Policy: Implementation Guidelines
Effective: 12/31/17 – Through: 5/31/23
1.0 POLICY

The City of Atlanta shall design, build, operate and maintain a multimodal transportation network that will promote safe, healthy, low stress, affordable, and convenient methods of transportation for all users regardless of age, abilities, race or economic status. Multimodal design will insure future mobility access while promoting improved health, economic growth, public safety, recreational opportunity, environmental sustainability, and social equality throughout the City of Atlanta.

2.0 STREET USERS

The City of Atlanta shall be comprised of a completely connected multimodal network that provides safe and efficient travel for all pedestrians, bicyclists, transit users, freight deliveries, and motorists. Recognizing that everyone is a pedestrian at some point in the day, and pedestrians and bicyclists are the most vulnerable users of the roadway, it is critical to ensure that Atlanta’s streets encourages safe movement and networks for those modes.

The City of Atlanta will incorporate the Multimodal Streets Policy into all City and State-owned transportation facilities and projects in the public right-of-way. All projects shall be planned with the goal of establishing, maintaining, and expanding the completely connected multimodal network. In addition, designated freight/truck routes shall provide access for commercial vehicles of the most appropriate size for urban freight delivery. All private roadways will be strongly encouraged to follow these guidelines and principles of multimodalism and connectivity and should be designed in context and consideration of enhancing the transportation network.

2.1 STREET AND NETWORK CONNECTIVITY

The City of Atlanta will prioritize opportunities to create a safe multimodal transportation network that provides connected facilities to serve all users and modes of transportation for current and future use. Streets shall be connected to create complete networks that provide travelers with multiple choices of modes and routes and help reduce crashes and congestion on roadways. Street and subdivision designs are critical to creating and maintaining a connected network. Designs with cul-de-sacs shall be discouraged and through streets shall be designed with the appropriate traffic calming measures to discourage unsafe travel.

2.2 CITY DEPARTMENTS COLLABORATION

The City of Atlanta will approach every public or private project, program and practice that affects the transportation network or occurs in the right-of-way as an opportunity to improve the street conditions and travel routes for everyone. All City departments will coordinate and collaborate with internal and external stakeholders to maximize all Multimodal Streets opportunities and connectivity.

2.3 SCOPE

The City of Atlanta will apply the Multimodal Streets Policy in a context-sensitive manner to all public roadways and encourage its use on privately-owned streets that serve the general public. It applies to new construction, reconstruction, retrofit, resurfacing, repaving, and major repairs. This Policy shall apply to all City owned facilities in the right of way, which includes, but not limited to, parking, bridges, alleys, frontage roads, temporary traffic control zones, bicycle-pedestrian paths, park streets, and other elements of the City’s transportation system. Public roadway projects must incorporate appropriate stormwater management facilities and, where feasible, implement green infrastructure practices to reduce stormwater runoff volumes and improve regional water quality. The project scope and construction limits will be used as project parameters in determining the limits of the Multimodal Streets Policy for each project.

2.4 APPLICABILITY

The City of Atlanta will use the Multimodal Streets Policy for all improvements within the right-of-way and applicability shall be considered for streets that are not within the city’s street system.

Accommodations for walking, cycling, driving, transit, and green stormwater infrastructure will be made to the greatest extent possible and where feasible, appropriate, and fiscally practical and will be documented in the Multimodal Streets Project Concept Report. If certain travel modes are not appropriate or unable to be accommodated, the constraints and other factors shall be documented in the Project Concept Report for review and approval by the Commissioners of the Department of Public Works, City Planning, Watershed Management, and for Renew Atlanta/ TSPLOST projects, the Renew Atlanta General Manager.

This policy will not apply to projects that, at the time of the adoption of this policy, have already developed conceptual level plans (typically 30% design), changes to which would significantly impact project design costs, implementation timeline, or public engagement requirements.

2.5 DESIGN STANDARDS

The City of Atlanta will use the latest design guidance, standards, and recommendations available to maximize design flexibility and innovation, and always be aware that design solutions should balance user and modal needs. This includes a shift toward designing at the human scale for the needs and comfort of all people and travelers, in considering issues such as street design and width, desired operating speed, hierarchy of streets, and connectivity. Design criteria shall not be purely prescriptive but shall be based on the thoughtful application of engineering, architectural, and urban design principles. These materials include, but are not limited to:

• The City of Atlanta’s Streets Atlanta: A Design Manual for Multimodal Streets

• City of Atlanta public right-of-way standard details maintained by the Departments of Public Works and Watershed Management

• Department of Watershed Management’s Rules and Regulations Governing the Development of Sanitary and Storm Sewers, and Green Infrastructure Strategic Action Plan

• The United States Department of Transportation Federal Highway Administration’s (FHWA) Manual on Uniform Traffic Control Devices (MUTCD)

• The FHWA Separated Bike Lane Planning and Design Guide, and other associated publications.

• The AASHTO Policy on Geometric Design of Highways and Streets

• The American Association of State Highway and Transportation Official’s (AASHTO) Roadway Design Guide

• The AASHTO Guide for Planning, Design, and operations of Pedestrian Facilities

• The AASHTO Guide for the Development of Bicycle Facilities and other associated publications.

• The National Association of City Transportation Officials (NACTO) Urban Street Design Guide

• NACTO Transit Street Design Guide

• NACTO Urban Bikeway Design Guide

• NACTO Global Streets Design Guide and other associated publications.

• Designing Walkable Urban Thoroughfares: A Context Sensitive Approach, A joint publication from the Institute for Transportation Engineers (ITE) and the Congress for New Urbanism (CNU).

2.6 COMMUNITY AND CONTEXT SENSITIVE

The City of Atlanta will provide a context-sensitive Multimodal Street design that will align with the local character and context of the neighborhood, land use, current and future transportation needs.

2.7 ANNUAL REPORT AND ESTABLISHING PERFORMANCE MEASURES

The application of Multimodal Streets will be a process that requires regular evaluation to determine progress and effectiveness. To facilitate that regular evaluation, the Commissioners of Public Works and Planning and Community Development shall provide a written report to the City Council on a regular basis on the progress and effectiveness of the Multimodal Streets Policy. The report shall take into account all projects in the public right-of-way implemented under the Multimodal Streets Policy regardless of the implementation agency. The report shall include measures such as:

• Miles of new bike lanes and bikeways by type

• Number of bicycle parking facilities installed

• Linear feet of new or repaired sidewalk

• Miles of new multi-use trails

• Number of ADA (Americans with Disabilities Act) accessibility improvements

• Number of crosswalks improvements

• Number of green stormwater infrastructure projects and volume of runoff reduced

• Number enhanced transit facilities or bust stops

• Summary of capital project before/after data reports

3.0 POLICY IMPLEMENTATION

The City of Atlanta will use the Multimodal Streets Policy as a guiding principle in the decision-making process for projects in the right-of-way using project scope and construction limits as project parameters. The City of Atlanta shall make Multimodal Street practices a routine part of everyday operations and procedures. The following directives will be used to ensure Multimodal Streets are considered for all projects:

• Utilize the City of Atlanta’s “Multimodal Streets Project Concept Report Form” and the Streets Atlanta: A Design Manual for Multimodal Streets

• Restructure or revise related procedures, plans, regulations (including zoning and subdivision regulations), and other processes to accommodate all users on every project.

• Develop new design policies and guidelines or revise existing to reflect the current state of best practices in transportation design. Atlanta may also elect to adopt national or state-level recognized design guidance.

• Develop and institute better ways to measure performance and collect data on how well the streets are serving all users.

• Promote inter-departmental project coordination with respect to activities in the public right- of-way.

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Ga. Code § 34-4-3.1. Definitions; local government entity employment mandates; preemption
05/05/2022 – 06/01/2024
(a) As used in this Code section, the term:

(1) “Employee” means any individual employed by an employer.

(2) “Employer” means any person or entity that employs one or more employees.

(3) “Employment benefits” means anything of value that an employee may receive from an employer in addition to wages and salary. This term includes, but is not limited to, any health benefits; disability benefits; death benefits; group accidental death and dismemberment benefits; paid days off for holidays, sick leave, vacation, and personal necessity; additional pay based on schedule changes; retirement benefits; and profit-sharing benefits.

(4) “Local government entity” means a county, municipal corporation, consolidated government, authority, board of education, or other local public board, body, or commission.

(5) “Person” means an individual, partnership, association, corporation, business trust, legal representative, or any other organized group of persons.

(6) “Wage or employment benefit mandate” means any requirement adopted by a local government entity which requires an employer to pay any or all of its employees a wage rate or provide employment benefits not otherwise required under this Code or federal law.

(b)

(1) Any and all wage or employment benefit mandates adopted by any local government entity are hereby preempted.

(2) No local government entity may adopt, maintain, or enforce by charter, ordinance, purchase agreement, contract, regulation, rule, or resolution, either directly or indirectly, a wage or employment benefit mandate.

(3) Any local government entity may offer its own employees employment benefits.

(c) No local government entity may through its purchasing or contracting procedures seek to control or affect the wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity. A local government entity shall not through the use of evaluation factors, qualification of bidders, or otherwise award preferences on the basis of wages or employment benefits provided by its vendors, contractors, service providers, or other parties doing business with the local government entity.

(d)(1) No local government entity may adopt, maintain, or enforce by charter, ordinance, regulation, rule, or resolution the hours or scheduling that an employer is required to provide employees or otherwise regulate employee output during work hours.

(2) Any local government entity may set and regulate such hours, scheduling, and output for its own employees and for the provision of services, including, but not limited to, those related to the supplementary powers given to local governments in Article IX, Section II, Paragraph III of the Constitution of this state.

(3) Nothing in this subsection shall prohibit a local government entity from regulating or limiting the hours a business may operate.

Atlanta Municipal Code § 2-1115 Purchase of non-compostable single-use serviceware prohibited
12/13/2022 – 06/01/2024
(a) No non-compostable single-use serviceware may be bought, purchased or otherwise acquired for use by any using agency in accordance with this article.

(b) For purposes of this section, non-compostable single-use serviceware shall mean plastic bags, plastic straws, and polystyrene items.

(c) Disposable flexible plastic drinking straws shall be exempt from the prohibition contained in this section and shall be bought, purchased or otherwise acquired in addition to the buying, purchase or acquisition of compostable straws, such that disposable flexible plastic drinking straws shall be available for use by persons for whom they are needed due to medical or physical conditions and for whom flexible compostable paper straws are unsuitable.

(d) The director of sustainability and resilience or their designee shall have the authority to promulgate administrative regulations to inform the chief procurement officer’s effectuation of this section. Such administrative regulations shall include specific descriptions of the non-compostable single-use service ware which are the subject of the prohibition contained in this section.

City of Atlanta, Resolution 20-R-3968
Effective: 6/1/20 – Through: 6/1/23
Whereas, obesity rates have risen steadily in the United States over the past two decades, creating significant long-term effects on workforce wellness and economic vitality; and

Whereas, according to the Centers for Disease Control and Prevention, in 2017, more than one-third (39.8%) of U.S. adults are obese, and two-thirds are considered to be overweight or have obesity whose related conditions include heart disease, stroke, type 2 diabetes and certain types of cancer, which are some of the leading causes of preventable death; and

Whereas, health care costs associated with obesity in the U.S. now total $190 billion every year, adding up to one fifth of all health care spending; and

Whereas, many cities are leveraging policies that improve opportunities for people to eat healthy and be more active; and

Whereas, by establishing and implementing nutrition standards, a city can set an example for businesses and institutions on how to improve nutritional options for their clients and employees; and

Whereas, city procurement policies are particularly important because local governments are among the largest employers and food purchasers in the community and cities can use this purchasing power to provide healthier food to community members and improve community health; and

Whereas, strong healthy food procurement policies ensure that healthy food options are available in city-owned or controlled places and vending machines and give city residents food choices that can help them achieve and maintain a healthy weight; and

Whereas, a systematic review of city procurement programs that implemented healthy procurement policies showed that they consistently led people to buy healthier foods and discouraged purchases of food high in fat, sodium and sugar; and

Whereas, City leaders understand the role of policy as a valuable prescription for public health, and a tool to make cities vibrant, prosperous places to live; and

Whereas, the City strives to be among the nation’s highest performing cities when it comes to passing policies that improve the health and well-being of its residents.

NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, that the Chief Health Officer, in collaboration with the Chief Procurement Officer, shall develop a healthy food procurement policy based on Nutrition Standards derived from the latest scientific data and dietary guidance so as to provide healthier food choices in city-owned or controlled places and vending machines.

BE IT FURTHER RESOLVED, the Nutrition Standards should aim to limit the amount of calorie dense, nutrition poor food and beverages, while increasing the number of lower-calorie, nutrient rich offerings available in city-owned or controlled places and vending machines.

BE IT FURTHER RESOLVED, the Chief Health Officer, at his or her discretion, may determine that variance is warranted for seasonal restrictions on particular food or beverages. Additional exemptions may be allowed for those circumstances in which the individual consuming the food has specific dietary needs.

BE IT FURTHER RESOLVED, the Chief Health Officer may, at his or her discretion, phase in the Nutrition Standards to provide for gradual modification of prevailing food preferences.

BE IT FURTHER RESOLVED, the Chief Health Officer may, as appropriate, amend the Nutrition Standards in accordance with his or her review of the latest scientific data and dietary guidance. The Chief Health Officer shall provide adequate notice of any such amendment to all City entities then responsible for implementing the Nutrition Standards.

BE IT FURTHER RESOLVED, all food and beverages purchased, prepared, or served in affected city-owned or controlled places and vending machines in connection with a City Contract shall comply with the Nutrition Standards.

BE IT FURTHER RESOLVED, the Nutrition Standards shall be mandatory for City Contracts awarded pursuant to solicitation commenced on or after July 1, 2020.

BE IT FURTHER RESOLVED, the Nutrition Standards shall not be mandatory for City Contracts awarded pursuant to solicitation commenced before July 1, 2020; however, to the extent feasible, City entities shall endeavor to implement the Nutrition Standards for such City Contracts.

BE IT FURTHER RESOLVED, notwithstanding the provisions otherwise outlined in this resolution, the Nutrition Standards shall not apply where loss of state or federal government funding will result, or where the Chief Health Officer finds other extenuating circumstances.

BE IT FINALLY RESOLVED, that all resolutions or parts of resolutions in conflict herewith are hereby waived to the extent of the conflict.

Ga. Code § 36-74-30. Other enforcement methods; probable cause for investigation required.
Effective: 7/1/12 – Through: 6/1/23
(a) It is the intent of this article to provide an additional or supplemental means of obtaining compliance with local codes. Nothing contained in this article shall prohibit a local governing body through its code enforcement officer from enforcing its codes by any other lawful means including criminal and civil proceedings; provided, however, that a local governing body shall not pursue a specific instance of an alleged violation of an ordinance against one violator before both a code enforcement board and a magistrate, municipal, or other court authorized to hear ordinance violations.
(b) No local government is authorized to perform investigations or inspections of residential rental property unless there is probable cause to believe there is or has been a violation or violations of applicable codes, and in no event may a local government require the registration of residential rental property. Conditions which appear to be code violations which are in plain view may form the basis for probable cause.

Atlanta, Georgia § 86-34. Declaration of smoke-free environment.
Effective: 7/9/19 – Through: 7/1/23
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.

Atlanta, Georgia § 22-68. Smoking and vaping.
Effective: 7/9/19 – Through: 7/1/23
(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 a lighted tobacco product including cigarettes, cigars, and pipe tobacco.

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)

(b) No person shall smoke or vape in Hartsfield-Jackson Atlanta International Airport or in buildings and facilities owned or operated by the city department of aviation.

(c) 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”.

(d) The aviation general manager shall be responsible for implementing this section.

(e) 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.

(f) Every person 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.

Atlanta, Georgia § 86-31. Definitions.
Effective: 7/9/19 – Through: 7/1/23
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 employment, 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)

Atlanta, Georgia § 86-33. Areas exempt from smoking prohibitions.
Effective: 7/9/19 – Through: 7/1/23
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.

Atlanta, Georgia § 86-35. Posting of signs.
Effective: 7/9/19 – Through: 7/1/23
“No smoking” signs or the international “No Smoking” 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.

Atlanta, Georgia § 86-32. Prohibition of smoking.
Effective: 7/9/19 – Through: 7/1/23
(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 long-term 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.

Fulton County, Ga., § 34-66. Code adopted.
Effective: 5/16/18 – Through: 7/1/23
The Georgia Smokefree Act of 2005 and implementing regulations of the Georgia Department of Public Health are adopted by reference as though fully set forth herein.

Atlanta, Georgia § 86-37. Other applicable laws.
Effective: 7/9/19 – Through: 7/1/23
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.

Atlanta, Georgia § 86-38. Violations and penalties.
Effective: 7/9/19 – Through: 7/1/23
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.

Atlanta, Georgia § 86-36. Enforcement.
Effective: 7/9/19 – Through: 7/1/23
(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.

Atlanta, Georgia § 86-39. Governmental agency cooperation.
Effective: 7/9/19 – Through: 7/1/23
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.

Ga. Code § 31-12A-2. Definitions.
Effective: 7/1/05 – Through: 6/30/23
As used in this chapter, the term:

(1) “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.

(2) “Business” means any corporation, sole proprietorship, partnership, limited partnership, limited liability corporation, limited liability partnership, professional corporation, enterprise, franchise, association, trust, joint venture, or other entity, whether for profit or nonprofit.

(3) “Employee” means an individual who is employed by a business in consideration for direct or indirect monetary wages or profit.

(4) “Employer” means an individual or a business that employs one or more individuals.

(5) “Enclosed area” means 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.

(6) “Health care facility” means an office or institution providing care or treatment of diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological conditions, including, but not limited to, hospitals, rehabilitation hospitals or other clinics, including weight control clinics, homes for the chronically ill, laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists, and all specialists within these professions. This definition shall include all waiting rooms, hallways, private rooms, semiprivate rooms, and wards within health care facilities. This definition shall not include long-term care facilities as defined in paragraph (3) of Code Section 31-8-81.

(7) “Infiltrate” means to permeate an enclosed area by passing through its walls, ceilings, floors, windows, or ventilation systems to the extent that an individual can smell secondhand smoke.

(8) “Local governing authority” means a county or municipal corporation of the state.

(9) “Place of employment” means an enclosed area under the control of a public or private employer that employees utilize during the course of employment, 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-care, or health care facility. This term shall not include vehicles used in the course of employment.

(10) “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 residence is not a public place unless it is used as a licensed child care, adult day-care, or health care facility.

(11) “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.

(12) “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.

(13) “Secondhand smoke” means smoke emitted from lighted, smoldering, or burning tobacco when the person smoking is not inhaling, smoke emitted at the mouthpiece during puff drawing, and smoke exhaled by the person smoking.

(14) “Service line” means an indoor line in which one or more persons are waiting for or receiving service of any kind, whether or not the service involves the exchange of money.

(15) “Shopping mall” means an enclosed public walkway or hall area that serves to connect retail or professional establishments.

(16) “Smoking” means inhaling, exhaling, burning, or carrying any lighted tobacco product including cigarettes, cigars, and pipe tobacco.

(17) “Smoking area” means a separately designated enclosed room which need not be entered by an employee in order to conduct business that is designated as a smoking area and, when so designated as a smoking area, shall not be construed as to deprive employees of a nonsmoking lounge, waiting area, or break room.

(18) “Sports arena” means enclosed stadiums and enclosed sports 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 to engage in physical exercise, participate in athletic competition, or witness sports or other events.

Ga. Code § 31-12A-3. Smoking prohibited in state and local government buildings.
Effective: 7/1/05 – Through: 7/1/23

Smoking shall be prohibited in all enclosed facilities of, including buildings owned, leased, or operated by, the State of Georgia, its agencies and authorities, and any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special Act of the General Assembly or by ordinance or resolution of the governing body of a county or municipal corporation individually or jointly with other political subdivisions or municipalities of the state.

Ga. Code § 31-12A-4. Smoking prohibited in enclosed public places.
Effective: 7/1/05 – Through: 7/1/23

Except as otherwise specifically authorized in Code Section 31-12A-6, smoking shall be prohibited in all enclosed public places in this state.

Ga. Code § 31-12A-5. Smoking prohibited in enclosed areas within places of employment; required communications.
Effective: 7/1/05 – Through: 7/1/23
(a) Except as otherwise specifically provided in Code Section 31-12A-6, smoking shall be prohibited in all enclosed areas within 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.

(b) Such prohibition on smoking shall be communicated to all current employees by July 1, 2005, and to each prospective employee upon their application for employment.

Ga. Code § 31-12A-6. Exemptions.
Effective: 4/14/06 – Through: 7/1/23
(a) Notwithstanding any other provision of this chapter, the following areas shall be exempt from the provisions of Code Sections 31-12A-4 and 31-12A-5:

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

(2) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than 20 percent of rooms rented to guests in a hotel or motel may be so designated;

(3) Retail tobacco stores, provided that secondhand smoke from such stores does not infiltrate into areas where smoking is prohibited under the provisions of this chapter;

(4) Long-term care facilities as defined in paragraph (3) of Code Section 31-8-81;

(5) Outdoor areas of places of employment;

(6) Smoking areas in international airports, as designated by the airport operator;

(7) All workplaces of any manufacturer, importer, or wholesaler of tobacco products, of any tobacco leaf dealer or processor, all tobacco storage facilities, and any other entity set forth in Code Section 10-13A-2;

(8) Private and semiprivate rooms in health care facilities licensed under this title that are occupied by one or more persons, all of whom have written authorization by their treating physician to smoke;

(9) Bars and restaurants, as follows:

(A) All bars and restaurants to which access is denied to any person under the age of 18 and that do not employ any individual under the age of 18; or

(B) Private rooms in restaurants and bars if such rooms are enclosed and have an air handling system independent from the main air handling system that serves all other areas of the building and all air within the private room is exhausted directly to the outside by an exhaust fan of sufficient size;

(10) Convention facility meeting rooms and public and private assembly rooms contained within a convention facility not wholly or partially owned, leased, or operated by the State of Georgia, its agencies and authorities, or any political subdivision of the state, municipal corporation, or local board or authority created by general, local, or special Act of the General Assembly while these places are being used for private functions and where individuals under the age of 18 are prohibited from attending or working as an employee during the function;

(11) Smoking areas designated by an employer which shall meet the following requirements:

(A) The smoking area shall be located in a nonwork area where no employee, as part of his or her work responsibilities, shall be required to enter, except such work responsibilities shall not include custodial or maintenance work carried out in the smoking area when it is unoccupied;

(B) Air handling systems from the smoking area shall be independent from the main air handling system that serves all other areas of the building and all air within the smoking area shall be exhausted directly to the outside by an exhaust fan of sufficient size and capacity for the smoking area and no air from the smoking area shall be recirculated through or infiltrate other parts of the building; and

(C) The smoking area shall be for the use of employees only.

The exemption provided for in this paragraph shall not apply to restaurants and bars;

(12) 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; except that smoking shall be prohibited in any public reception area of such place of employment; and

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

(b) In order to qualify for exempt status under subsection (a) of this Code section, any area described in subsection (a) of this Code section, except for areas described in paragraph (1) of subsection (a) of this Code section, shall post conspicuously at every entrance a sign indicating that smoking is permitted.

Atlanta, Ga. Code § 10-1. – Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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Alcoholic beverages means and includes but is not limited to malt beverages, wine and distilled spirits.
Applicant means the person who files an application to obtain a license to sell alcoholic beverages and:
(1) If a corporation, the chief executive officer, or some other person with written authority from the corporation to bind the corporation as to its business operations within the city;
(2) If a partnership, the partner with the greatest proprietary interest;
(3) If an individual, that individual;
(4) If a firm or association, the person with the greatest proprietary interest.
Auditorium means a permanent building or hall used for concerts, speakers, plays and similar activities and that has a seating capacity in excess of 3,500.
Bar means an establishment having a minimum capacity of 25 persons and a maximum capacity of 100 persons per the City of Atlanta Fire Code that does not meet the definition of a restaurant, nightclub, lounge, farm, winery, convention center, hotel, brewpub, open air café or sidewalk café, that is primarily devoted to selling and dispensing alcoholic beverages by the drink for on-premises consumption. The bar must make food available to its patrons.
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Distance means the measurement in linear feet from the front door of the structures from which alcoholic beverages are sold or offered for sale in a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route to the front door of the building or to the nearest portion of the ground, whichever is applicable. For the purposes of this chapter, distances shall be measured along the pedestrian route of travel to and from the premises.
Distilled spirits or spirituous liquors means all beverages containing alcohol obtained by distillation or containing more than 21 percent alcohol by volume, including fortified wines.
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License means the authorization by the council to engage in the sale or consumption of alcoholic beverages on the premises or to engage in the retail sale of packaged alcoholic beverages for consumption off the premises.
Licensee means a person, real or artificial, holding any class of license issued under this chapter.
Lounge means a separate room connected with a part of and adjacent to a restaurant or located in a hotel or located in any airport owned by the city, with all booths, stools and tables being unobstructed and open to view. All lounges shall be air conditioned and shall have a seating capacity for at least 50 persons. However, lounges located in any airport owned or operated by the city shall be exempt from the seating capacity requirement. A lounge that is operated on a different floor in the premises or in a separate building or that is not connected to or adjacent to a restaurant shall be considered a separate establishment and an additional license fee shall be paid therefore.
Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops or any other similar product or any combination of such products in water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, lager beer, small beer and strong beer. The term does not include sake, known as Japanese rice wine.
Manufacturer means any maker, producer or bottler of an alcoholic beverage. The term also means:
(1) For distilled spirits, any person engaged in distilling, rectifying or blending any distilled spirits;
(2) For malt beverages, any brewer; and
(3) For wine, any vintner.
Nightclub means an establishment having a capacity of at least 100 persons per the City of Atlanta Fire Code, with all booths and tables unobstructed and open to view, dispensing alcoholic beverages and in which music, dancing or entertainment is conducted. All such establishments shall be equipped with air conditioning. The principal business of a nightclub shall be entertaining, and the serving of alcoholic beverages shall be incidental thereto.
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Package store means an establishment engaged in the retail sale of packaged alcoholic beverages, such as ale, beer. wine, and whiskey for consumption off the premises and at which on-premises consumption is specifically prohibited, whether the alcoholic beverage is purchased at the package store or brought onto the premises thereof by a patron, as distinct from a bar, restaurant or similar establishment which is licensed for the retail sale of alcoholic beverages of any type by the drink and/or for consumption on the premises. The term “”package store”” is considered synonymous with the term “”liquor store.”” A package store shall include any premises classified as Industry No. 5921 in the Standard Industrial Classification (SIC) Manual 1972, prepared by the Executive Office of the President, Office of Management and Budget. The term “”package store”” shall not include a “”wine specialty shop”” and shall not include a city food market.
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Premises means the definite closed or partitioned-in locality, whether room, shop or building, wherein alcoholic beverages are sold or consumed. Premises also includes any area or patio immediately adjacent to the main licensed facility and located on property owned or leased by such licensee. The area or patio need not be covered, but must be completely enclosed, except for entrances and exits, by a wall, fence, shrubbery or other decorative material no less than 30 inches in height. Premises of an open air café need not be completely partitioned, and patios attached to such an establishment must be enclosed, except for entrances and exits, by a wall, fence, shrubbery or other decorative material no less than 30 inches in height or by a body of water at least three feet wide and one foot deep or by some other architectural or landscaping barrier which would prevent access to the premises. Open air cafés shall be subject to all other requirements contained in this definition.
Private club means a corporation chartered, organized and existing under the laws of the state, exempt from federal income taxes pursuant to section 501(c) of the Internal Revenue Code, as amended, actively and continuously in operation within the city as a nonprofit corporation for at least one year immediately prior to the application for a license under this chapter and during which time such corporation shall have had continuously not less than 250 members whose names, current addresses and current telephone numbers shall be kept listed on the club premises and made available for inspection on the premises by the Atlanta Police Department during all hours during which the private club is open for business, which members shall have regularly paid monthly, quarterly, semiannual or annual dues. In no event shall dues be paid on a daily basis. All applications for either a new or renewal license to sell alcoholic beverages by a private club for the year 2001 and all years thereafter must he accompanied by proof from the Internal Revenue Service that the corporation seeking such license is deemed exempt from federal income taxes by the Internal Revenue Service at the time of application for the new or renewal license. In addition, the corporation shall be required to submit its most recent Form 990 Return of Organization Exempt from Income Tax as certified by a certified public accountant. Furthermore, the corporation shall maintain on its premises any additional federal and state income tax returns filed by the corporation within the past three years and shall make such documents available for inspection upon request by the Atlanta Police Department during all hours during which the private club is open for business. In the event that a corporation licensed as a private club for any given year loses its 501(c) exemption, such private club must inform the licenses and permits unit in writing of such change in status within 15 days of the change in status. The failure to provide in writing notification of such change in status within 15 days, in addition to the violation of any other provision of this chapter, shall be grounds for the denial, suspension or revocation of said license and/or the implementation of a fine of up to $1,000.00 against the corporation. The corporation shall be operated exclusively for pleasure, recreation and other nonprofitable purposes, but in no event shall the corporation have as its primary purpose the operation of an establishment licensed for the sale of alcoholic beverages. No part of the net earnings of the corporation shall inure to the benefit of any member, director or officer. During the period of time prior to the time of application, the corporation shall have owned, hired or leased a building having kitchen and dining room space therein for the reasonable use of its members and shall have maintained sufficient personnel and equipment to prepare on the premises and serve hot meals, which hot meals shall have been served and shall continue to be served at least once per day at least six days per week. After an establishment has been granted private club status from the city, these requirements as to meal preparation, kitchen equipment and dining room facilities shall continue in effect. No member, director, officer, agent, or employee of the club shall be paid or directly or indirectly, receive, in the form of salary or other compensation, any profits from the sale of alcoholic beverages by or to the club or its members or guests, except such salary as may be fixed by its members at any annual meeting or by its governing board out of the general revenue of the club. The nonprofit corporation must be the sole owner and operator of the private club. Prior to the date of application, no nonprofit corporation shall have transferred, either directly or indirectly, by sale, lease or otherwise, any ownership, or any interest in the nonprofit entity or its assets (other than in the ordinary course of business), or the right to manage the private club in order to obtain its license to sell alcoholic beverages nor shall any nonprofit corporation transfer, during the time that the nonprofit corporation holds a license pursuant to this chapter, any such interest or right.
Private residence means a house or dwelling wherein not less than one or more than three families customarily reside and does not include a mobile home, an apartment house having facilities for housing more than four families, a boardinghouse or roominghouse where there are five or more boarders or roomers or any residence which has been unoccupied for a period of six consecutive months immediately prior to the filing of an application.
Restaurant means any public place kept, used, maintained, advertised and held out to the public as a place where meals are served and where meals are actually and regularly served, without sleeping accommodations, such place being provided with adequate and sanitary kitchen and dining room equipment and seating capacity of at least 40 people, having employed therein a sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. However, restaurants located in any airport owned or operated by the city shall be exempt from the seating capacity requirement. At least one meal per day shall be served at least six days per week, with the exception of holidays, vacations and periods of redecorating, and the serving of those meals shall be the principal business conducted, with the serving of distilled spirits to be consumed on the premises as only incidental thereto.
Retail grocery supermarket means any retail market or supermarket selling a full range of food products including meat, dairy, vegetable, fruit, dry goods and beverages.
Retail sale means selling or offering for sale alcoholic beverages to any member of the public.
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Wine or vinous liquors means any alcoholic beverage containing not more than 21 percent alcohol by volume made from fruits, berries or grapes either by natural fermentation or by natural fermentation with brandy added. The term includes but is not limited to all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines and like products. The tern does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at that point in the manufacturing process when it conforms to this definition of wine.
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Atlanta, Ga. Code § 10-46. – Required.
No alcoholic beverages shall be manufactured, imported, brokered, sold to wholesalers or other importers or brokers, sold at wholesale or retail in the original package or by the drink nor shall any tasting room be operated except under a license granted by the mayor as provided in this division. No licensee shall be authorized to operate a business until the license required in this section has been paid for by money order, certified check or cashier’s check, and delivered to the licensee by the proper city official. Where there is a pending application for a new licensee or a change of ownership on a prior existing licensed premises, the authority of the prior licensee to operate the business shall be extended for a maximum period of 30 days beyond the termination date of the prior license.

Atlanta, Ga. Code § 10-73
Whenever the city shall revoke a licensee’s license to sell alcoholic beverages all other city licenses issued to such licensee to sell alcoholic beverages shall thereupon be subject to revocation. Said licensee shall thereupon be entitled to the same hearing procedures as set forth in section 10-109(c). The license review board shall conduct the hearings and report its conclusions and recommendations to the mayor. The mayor, upon receiving the report, may revoke the licenses.