Present law generally pre-empts local regulation of the use of tobacco products. There are several exceptions to the general prohibition, some of which are county specific, some of which apply to particular forms of governmental entity such as airport authorities and special school districts, and some of which apply to all counties and municipalities. One of the exceptions authorizes local governments to prohibit smoking on the grounds of a playground by adopting a resolution or ordinance approved by a two-thirds vote of the legislative body of the local government.
This bill replaces authorization for local governments to prohibit smoking on the grounds of a playground. This bill authorizes a municipality, a county, or a county having a metropolitan form of government to prohibit the use of tobacco products or vapor products, or both, on the grounds of a public park, public playground, public greenway, or any public property that is accessible to use by persons under 21 years of age as long as the public park, public playground, public greenway, or public property is owned or controlled by the respective municipality or county. A prohibition enacted pursuant to this bill will not apply to buildings, sidewalks, or roads.

Statutes affected:
Current Version: 39-17-1551(e), 39-17-1551