reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-12.1 - Fence detection systems; definition; utilization

(a)
As used in this Code section, the term "fence detection system" means a new or existing alarm system or electronic security system that interfaces with a monitored alarm device in a manner that enables the alarm system or electronic security system to transmit a signal intended to summon law enforcement or the property owner in response to an intrusion or burglary and has ancillary components or equipment attached to such system that include:
(1)
A fence that is:
(A)
Located on nonresidentially zoned property;
(B)
(i)
No more than ten feet in height; or
(ii)
Two feet higher than a nonelectric perimeter fence or wall, whichever is taller; and
(C)
Surrounded by a nonelectric perimeter fence or wall that is at least five feet in height upon which are placed conspicuous warning signs that are in no more than 30 foot intervals that read: "WARNING- ELECTRIC FENCE";
(2)
An energizer powered by a commercial storage battery not exceeding 12 volts that produces a short electric pulsed charge upon contact with the fence and that does not exceed energizer characteristics set for electric fence energizers by the International Electrotechnical Commission Standard 60335-2-76:2018; and
(3)
A battery charging device used exclusively to charge the battery.
(b)
Each county, consolidated government, and municipal corporation shall:
(1)
Treat fence detection systems in all zoning and permitting matters exclusively as alarm systems as such term is defined in paragraph (.1) of Code Section
43-14-2
; and
(2)
Not, by ordinance or other regulation, prohibit the installation or use of fence detection systems that are consistent with requirements and standards described in subsection (a) of this Code section.
Added by 2021 Ga. Laws 147,§ 1, eff. 7/1/2021.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-14 - Authority to enter into certain one-year, or less, contracts; exception

The governing body of each county or municipal corporation of this state is authorized to enter into one year, or less, contracts with private nonprofit organizations which are exempt from federal income taxes pursuant to Section 501(c)(3) or 501(c)(6) of the Internal Revenue Code to utilize such organizations to identify, attract, and locate new business and industry into the county or municipality for the purposes of increasing trade, industry, agribusiness, commerce, and tourism and the improvement of employment opportunities within the county or municipality and to otherwise promote the general welfare of the county or municipality; provided, however, that the authority provided under this Code section shall not affect or in any way apply to any contract under Code Section
48-13-51
regarding the expenditure of proceeds collected under Article 3 of Chapter 13 of Title 48 unless that contract is executed by the governing body of a county in which is imposed, prior to January 1, 2001, the homestead option sales and use tax authorized under Code Section
48-8-102
.
Amended by 2001 Ga. Laws 23, § 1, eff. 3/28/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-15 - Property subject to contract for lease purchase or installment purchase

Each county or municipality in this state is authorized to accept the title to property subject to a contract for lease purchase or installment purchase and is authorized to transfer title back to the vendor in the name of the county or municipality in the event that the contract is not fully consummated.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-15.1 - Operation and maintenance of water treatment systems by private entities

Notwithstanding any other provision of law to the contrary, any county or municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding leases and contracts with private persons, firms, associations, or corporations for any period of time not to exceed 20 years to provide for the operation and maintenance of all or a portion of its waste-water treatment system, storm-water system, water system, or sewer system, or any combination of such systems, which leases and contracts may include provisions for the design, construction, repair, reconditioning, replacement, maintenance, and operation of the system, or any combination of such services and functions. If a contract or lease to be awarded pursuant to this Code section includes provisions for the construction of public works, the laws relating to the procurement of such contracts shall also apply; provided, however, that any bonding requirements shall apply only to the construction provisions of the contract or lease. Prior to entering into a lease or contract pursuant to this Code section, the governing authority shall solicit competitive sealed proposals. The governing authority shall first establish criteria for evaluation of any applicants submitting proposals on such leases or contracts for the purpose of assisting the governing authority in making a review of such applicants' previous performance on projects of comparable magnitude, the environmental compliance record of such applicants, and any relevant civil or criminal penalties incurred by such applicants during the five years immediately preceding the execution of the lease or contract. The governing authority shall take into consideration such information to assist it in determining the eligibility of any applicant. The award of a lease or contract pursuant to this Code section shall be made to the responsible and responsive applicant whose proposal is determined in writing to be the most advantageous to the governmental entity, taking into consideration the evaluation factors set forth in the request for proposals. All information required by the county or municipality pursuant to this Code section shall be provided by the applicant under oath. For purposes of this Code section, "applicant" means any individual, firm, association, or corporation submitting a proposal on such leases or contracts.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-16 - Separate approval of municipal and county consolidation by referendum

No municipal and county consolidation shall become effective unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in each affected county or counties and in each affected municipality or municipalities located within such county or counties containing at least 10 percent of the population of the county participating in the consolidation. No municipal and county consolidation approved pursuant to this Code section shall include within the consolidated government any municipality located within a county containing less than 10 percent of the population of such county unless such consolidation is separately approved by a majority of the qualified voters voting in a referendum thereon in such municipality. Referendums held pursuant to this Code section shall be conducted in accordance with the provisions and requirements of Title 21.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-17.2 - Limited exemption from storm water fees

Land located within a railroad's right of way and covered with ballast and rail shall be exempt from any fees imposed by any county or municipality for the management, collection, or disposal of storm water; provided, however, that railroad stations, maintenance buildings, or other developed land used for railroad purposes shall not be exempt from storm-water fees.
Added by 2018 Ga. Laws 476,§ 1, eff. 7/1/2018.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-18 - Obtaining real property within adjoining county which will be exchanged for federal property

No county or municipality within the county shall purchase or accept title to any real property located in an adjoining county, which property will be exchanged for certain property belonging to the federal government as authorized by federal law, without the written consent of the governing authority of such adjoining county wherein the real property is located; provided, however, that the provisions of this Code section shall not apply to the exercise of eminent domain by a county or municipality as authorized under the Constitution or other provisions of law; provided, further, that the provisions of this Code section shall not apply to any agreement entered into by two or more counties, municipal corporations, consolidated governments, or development authorities or any combination thereof prior to July 1, 1994, nor shall the transfer of any land pursuant to any such agreement be affected by this Code section.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-19 - Dispatch centers; required training for communications officers; exceptions; penalty for noncompliance

(a)
On and after January 1, 1999, every dispatch center operated by any county or municipality to receive, process, or transmit public safety information and dispatch law enforcement officers, firefighters, medical personnel, or emergency management personnel shall comply with the requirements of this Code section. Each such dispatch center shall have on duty at all times at least one communications officer who is certified as having been trained in the use of telecommunications devices for the deaf (TDD's), as provided for in subsection (d) of Code Section
35-8-23
. However, a dispatch center which is staffed by ten or fewer communications officers shall be considered in compliance with this Code section; provided, however, that on and after January 1, 1999, no dispatch center shall be permitted to employ any additional or replacement communications officers who are not certified as having been trained in the use of telecommunications devices for the deaf (TDD's) as provided for in subsection (d) of Code Section
35-8-23
.
(b)
On and after January 1, 1999, no monthly 9-1-1 charge provided for in Code Section
46-5-133
may be imposed for the support of any dispatch center unless such dispatch center is in compliance with the requirements of this Code section.
Amended by 2005 Ga. Laws 134,§ 6, eff. 7/1/2005.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-20 - Political subdivisions have no liability for losses from any failure or malfunction of computer software

(a)
As used in this Code section, the term "political subdivision of the state" means any office, agency, department, commission, board, division, and institution of any county or municipality of the State of Georgia.
(b)
A political subdivision of the state shall have no liability for losses from any failure or malfunction occurring before December 31, 2005, which is caused directly or indirectly by the failure of computer software or any device containing a computer processor to accurately or properly recognize, calculate, display, sort, or otherwise process dates or times, if the failure or malfunction causing the loss was unforeseeable or if the failure or malfunction causing the loss was foreseeable but the plan or design or both for identifying and preventing the failure or malfunction was prepared in substantial compliance with generally accepted computer and information system design standards in effect at the time of the preparation of the plan or design.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-22 - Rock quarry operations prohibited under certain circumstances

Any other provision of law to the contrary notwithstanding, if the director of the Environmental Protection Division of the Department of Natural Resources determines after a scientific analysis that such a quarry location has significant adverse impact on the water system, no person may commence the operation of a limestone or dolostone rock quarry within eight miles of any well or spring accessing an underground source of water which provides water to any county or municipality in an amount of at least 50 percent of such county's or municipality's water supply or two million gallons per day, whichever is less.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-23 - Volunteer firefighters for counties and municipalities

(a)
As used in this Code section, the term "volunteer firefighter" means a person who is a volunteer firefighter, as defined in Code Section
47-7-1
, relating to definitions regarding the Georgia Firefighters' Pension Fund, and who receives no compensation for services as a volunteer firefighter other than:
(1)
Actual expenses incurred;
(2)
A per diem for services;
(3)
Contributions to the Georgia Firefighters' Pension Fund;
(4)
Workers' compensation coverage under Chapter 9 of Title 34; or
(5)
Any combination of items specified in paragraphs (1) through (4) of this subsection.
(b)
Notwithstanding the provisions of Code Section
36-30-4
,
45-2-2
, or any other provision of law to the contrary, a volunteer firefighter for a county or municipal corporation shall be eligible to serve as a member of the governing authority of that county or municipal corporation.
(c)
Nothing in this Code section shall require a county or municipal governing authority to make any of the payments or offer the benefits to volunteer firefighters specified in subsection (a) of this Code section.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-24 - Sale or use or ignition of consumer fireworks products

(a)
The governing authority of a county or municipal corporation shall not prohibit the sale or use or ignition of consumer fireworks or other products or services which are lawful under Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law.
(b)
If the sale of a product or service is regulated by Chapter 10 of Title 25, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale or use or ignition of such product or service, unless such additional regulation is expressly authorized by general law.
(c)
Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may provide for permits or licenses for the sale or use of consumer fireworks as provided for under subsection (c) of Code Section
25-10-5.1
.
(d)
Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may further regulate the sale of consumer fireworks from temporary consumer fireworks retail sales stands until January 31, 2018.
(e)
The governing authority of a county or municipal corporation shall not unreasonably delay or deny an application for a temporary consumer fireworks retail sales stand.
(f)
For purposes of this subsection, the terms "consumer fireworks" and "consumer fireworks retail sales stand" shall have the same meanings as provided in Code Section
25-10-1
.
(g)
Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void.
Amended by 2016 Ga. Laws 330,§ 13, eff. 4/26/2016.
Amended by 2015 Ga. Laws 50,§ 8, eff. 7/1/2015.
Added by 2006 Ga. Laws 641,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-26 - Unlawful to issue backdated license, permit, or other authorizing document; documents issued in violation void in entirety; criminal penalty for violations

(a)
It shall be unlawful for any county, municipal corporation, or other issuing authority to issue any backdated license, permit, or other authorizing document, including but not limited to any building permit, sign permit, occupation tax certificate, zoning action, subdivision of land, final plat, or other similar authorization, in any territorial or geographic area which, due to the formation of a county, incorporation of a municipality, annexation or deannexation of territory, or other action, is no longer within the regulatory jurisdiction of said issuing authority. For purposes of this Code section, a license, permit, or other authorizing document shall be considered to be backdated if it in any manner purports to have been issued or have become effective prior to its actual date of issuance.
(b)
A license, permit, or other authorizing document in violation of this Code section shall be void in its entirety, and no person shall acquire any rights thereunder.
(c)
Any county or municipal officer or employee who knowingly violates this Code section shall be upon conviction guilty of a misdemeanor.
Added by 2008 Ga. Laws 424,§ 1, eff. 5/6/2008.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-27 - Banking improvement zones

(a)
As used in this Code section, the term:
(1)
"Bank" shall have the same meaning as provided in paragraph (7) of Code Section
7-1-4
.
(2)
"Department" means the Department of Community Affairs.
(3)
"Local government" means any county or municipality of this state.
(b)
Upon submission of an application by a local government, the department may designate a banking improvement zone within the jurisdiction of such local government for the purpose of encouraging the establishment of branches or representative offices of a bank within an area which is underserved by banking services. Application to establish a banking improvement zone shall be made to the department in such form as shall be prescribed by the department. The department may exercise its discretion in its consideration to approve a local government as eligible for a banking improvement zone; provided, however, that prior to the designation of a banking improvement zone, the department shall make a determination whether any potential gains to a bank from a below rate interest agreement authorized pursuant to subsection (c) of this Code section is ample consideration for a substantial public benefit in compliance with Article III, Section VI, Paragraph VI(a) of the Georgia Constitution. Such decision shall also take into consideration:
(1)
The location, number, and proximity of sites where banking services are available in the proposed banking improvement zone;
(2)
Consumer needs for banking services in the proposed banking improvement zone;
(3)
The economic viability and local credit needs of the local government in the proposed banking improvement zone;
(4)
The existing commercial development in the proposed banking improvement zone; and
(5)
The impact additional banking services would have on potential economic development in the proposed banking improvement zone.
(c)
Upon approval of a banking improvement zone, the governing body of a local government may, through ordinance or resolution, designate a bank to be located within a banking improvement zone as the depository for local government funds, provided that applicable standards for deposits of public funds set forth in Chapter 8 of Title 45 have been satisfied. Subject to agreement between the governing body of a local government and a bank, such ordinance or resolution shall designate a fixed interest rate that is at or below the posted two-year certificate of deposit rate at the bank.
Added by 2020 Ga. Laws 549,§ 1, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-28 - Penalties for alarm system contractors for false alarms

(a)
As used in this Code section, the term:
(1)
"Alarm system" shall have the same meaning as provided in Code Section
43-14-2
.
(2)
"Alarm system contractor" shall mean any alarm system monitoring business or alarm system installation and repair business.
(3)
"Alarm system installation and repair business" means any person engaged in leasing, maintaining, servicing, repairing, altering, replacing, installing or inspecting any alarm system, or in causing any alarm system to be leased, maintained, serviced, repaired, altered, replaced, or installed in any building, structure, or facility.
(4)
"Alarm system monitoring business" means any company that intercepts signals indicating the activation of an alarm system and relays this information to a public safety agency.
(5)
"False alarm" means the activation of any alarm system that results in a request for police assistance for which the responding public safety agency finds no evidence of criminal activity.
(6)
"Local government" means any county or municipality of this state.
(7)
"Public safety agency" shall have the same meaning as provided in Code Section
16-10-28
.
(b)
Notwithstanding any other provision of law, a local government may enact, adopt, or enforce any ordinance, resolution, or regulation requiring any alarm system contractor to pay for or be responsible for any fines, fees, or other penalties relative to false alarms only in situations when the false alarm is attributed to an error of the alarm system contractor or improper installation by the alarm system contractor or if the alarm system contractor cannot provide evidence of telephone logs, other electronic means, or visual evidence that the alarm verification process as provided in Code Section
35-1-9
was followed. In cases where the alarm system contractor was in compliance with such provisions, a local government may require that the alarm user responsible for the false alarm pay for or be responsible for any fines, fees, or other penalties relative to false alarms.
Added by 2021 Ga. Laws 148,§ 1, eff. 5/3/2021.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-30 - Local regulation of leaf blowers

(a)
This Code section shall be known and may be cited as the "Landscape Equipment and Agricultural Fairness (LEAF) Act."
(b)
The General Assembly finds that:
(1)
Prudent regulation of gasoline-powered leaf blowers is crucial to the welfare of Georgia's economy;
(2)
Urban agriculture, homeowners, and landscape service professionals are sensitive to the costs and regulation of gasoline-powered leaf blowers; and
(3)
If individual political subdivisions of the state regulate gasoline-powered leaf blowers, there exists the potential for confusing and varying regulations which could lead to unnecessary increased costs for urban agriculture, homeowners, and landscape service professionals to comply with such regulations.
(c)
As used in this Code section, the term "gasoline-powered leaf blowers" means any machine that is powered by a two-stroke or four-stroke engine and uses as fuel gasoline or a blend of gasoline and oil, used to blow leaves, dirt, or other debris off of sidewalks, driveways, lawns, or other surfaces.
(d)
Any local prohibition or regulation regarding the use, disposition, or sale or any imposition of any restriction, fee imposition, or taxation at the retail, manufacturer, or distributor setting shall not create differing standards for or distinguish gasoline-powered leaf blowers from any other gasoline-powered, electric, or similar such equipment or any other type of leaf blower. Nothing in this subsection shall apply to the use of gasoline-powered leaf blowers on property owned by a county or municipality.
(e)
Nothing in this Code section shall be construed to prohibit or limit any county or municipal program to encourage the use of alternative leaf blower equipment, such as battery powered tools.
Added by 2023 Ga. Laws 257,§ 1, eff. 5/2/2023.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-31 - Obstruction of sidewalks by camping or sleeping; enforcement

(a)
A county or municipal corporation shall not adopt or enforce any written policy under which the county or municipal corporation prohibits the enforcement of any order or ordinance prohibiting unauthorized public camping, sleeping, or obstruction of sidewalks.
(b)
A county or municipal corporation shall not adopt a written policy prohibiting a peace officer or prosecuting attorney who is employed by or otherwise under the direction or control of such county or municipal corporation from enforcing any order or ordinance prohibiting unauthorized public camping, sleeping, or obstruction of sidewalks.
(c)
The provisions of this Code section shall not be construed to prohibit a county or municipal corporation from adopting a policy that encourages diversion programs or that offers the provision of services in lieu of citation or arrest.
(d)
(1)
The Attorney General shall be authorized to bring a civil action in any court of competent jurisdiction against any county or municipal corporation to enjoin a violation of this Code section.
(2)
The Attorney General may recover reasonable expenses incurred in any successful civil action brought pursuant to this Code section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.
(3)
A person may bring a writ of mandamus for a violation of this Code section for the person and for the state. The person may recover court expenses and fees if successful in their writ.
Added by 2023 Ga. Laws 274,§ 2, eff. 7/1/2023.
Code Section 36-60-30, as enacted by 2023 Ga. Laws 274 Section 2, was redesignated as Code Section 36-60-31.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 60 - GENERAL PROVISIONS (§§ 36-60-1 — 36-60-32) › Section 36-60-32 - [Local governments prohibited from requiring placement of video surveillance equipment at locations where retail sale of automotive gasoline occurs]

A county, municipal corporation, or consolidated government shall not require the placement of video surveillance equipment in the interior or exterior of any business or location where the retail sale of automotive gasoline, as that term is defined in Code Section
10-1-232
, occurs.
Added by 2024 Ga. Laws 594,§ 1-A, eff. 5/6/2024.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-1 - Short title

This chapter shall be known and may be cited as the "Urban Redevelopment Law."
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-3 - Legislative findings and declaration of necessity

(a)
It is found and declared that there exist in municipalities and counties of this state pockets of blight, as defined in paragraph (15) of Code Section
36-61-2
, which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of this state; that the existence of such areas contributes substantially and increasingly to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities and counties, retards the provision of housing accommodations, aggravates traffic problems, and substantially impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of pockets of blight is a matter of state policy and state concern, in order that this state and its municipalities and counties shall not continue to be endangered by areas which are local centers of disease, promote juvenile delinquency, and, while contributing little to the tax income of this state and its municipalities and counties, consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities.
(b)
It is further found and declared that certain pockets of blight or portions thereof may require acquisition, clearance, and disposition, subject to use restrictions, as provided in this chapter, since the prevailing condition of decay may make impracticable the reclamation of the area by conservation or rehabilitation; that the other areas or portions thereof, through the means provided in this chapter, may be susceptible of conservation or rehabilitation in such a manner that the conditions and evils enumerated in subsection (a) of this Code section may be eliminated, remedied, or prevented and that, to the extent that is feasible, salvable pockets of blight should be conserved and rehabilitated through voluntary action and the regulatory process.
(c)
It is further found and declared that the powers conferred by this chapter are for public uses and purposes for which public money may be expended and the power of eminent domain may be exercised. The necessity, in the public interest, for the provisions enacted in this chapter is declared as a matter of legislative determination.
Amended by 2015 Ga. Laws 208,§ 2, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-3.1 - "Public use" defined; eminent domain to be exercised solely for public use

(a)
As used in this Code section, the term "public use" shall have the meaning specified in Code Section
22-1-1
.
(b)
Any exercise of the power of eminent domain under this chapter must:
(1)
Be for a public use; and
(2)
Be approved by resolution of the governing body of the municipality or county in conformity with the procedures specified in Code Section
22-1-10
.
Added by 2006 Ga. Laws 444,§ 22, eff. 4/4/2006.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-5 - Resolution of necessity prerequisite to exercise of powers

No municipality or county shall exercise any of the powers conferred upon municipalities and counties by this chapter until after its local governing body has adopted a resolution finding that:
(1)
One or more pockets of blight exist in such municipality or county; and
(2)
The rehabilitation, conservation, or redevelopment, or a combination thereof, of such area or areas is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality or county.
Amended by 2015 Ga. Laws 208,§ 3, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-6 - Formulation of workable program

For the purposes of this chapter, a municipality or county may formulate a workable program for utilizing appropriate private and public resources, including those specified in Code Section
36-61-11
, to eliminate and prevent the development or spread of pockets of blight, to encourage needed urban rehabilitation, to provide for the redevelopment of pockets of blight, or to undertake such of the aforesaid activities or such other feasible municipal or county activities as may be suitably employed to achieve the objectives of such workable program. Such workable program may include, without limitation, provision for the prevention of the spread of pockets of blight into areas of the municipality or county which are free from pockets of blight, through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of pockets of blight or portions thereof by replanning, removing congestion, providing parks, playgrounds, and other public improvements, including without limitation surface transportation projects, encouraging voluntary rehabilitation, and compelling the repair and rehabilitation of deteriorated or deteriorating structures; and the clearance and redevelopment of pockets of blight or portions thereof.
Amended by 2015 Ga. Laws 210,§ 4, eff. 7/1/2015.
Amended by 2015 Ga. Laws 208,§ 4, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-11 - Repair, closing, and demolition of dwellings unfit for human habitation

Any municipality or county may, by ordinance, require the repair, closing, or demolition of dwellings or other structures intended for human habitation which are, as defined in the ordinance, unfit for human habitation or which may imperil the health, safety, or morals of the occupants thereof or of surrounding areas. Such ordinances may include the following:
(1)
Definition of the construction, condition, facilities, ventilation, and other conditions which shall render such structures unfit for human habitation or a nuisance;
(2)
Designation of a public official or officials with authority to enforce such ordinances and establishment of procedures therefor;
(3)
Provision for the enforcement of such ordinances by the municipal court of the municipality, as defined in Code Section
41-2-5
, which may include provision for the abatement thereof as nuisances, as provided in such Code section; and
(4)
Provision for the posting of notices on dwellings and other structures intended for human habitation, indicating the actions taken by enforcement officials or the court with respect thereto, and the fixing of penalties for the defacing, destruction, or removal of such notices; provided, however, that no such notice shall be posted on any property then designated by proper governmental authority for acquisition by eminent domain.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-13 - Bonds declared legal investments

All banks, trust companies, bankers, savings banks and institutions, building and loan associations, savings and loan associations, investment companies, and other persons carrying on a banking or investment business; all insurance companies, insurance associations, and other persons carrying on an insurance business; and all executors, administrators, curators, trustees, and other fiduciaries may legally invest any sinking funds, moneys, or other funds belonging to them or within their control in any bonds or other obligations issued by a municipality or county pursuant to this chapter or by any urban redevelopment agency or housing authority vested with urban redevelopment project powers under Code Section
36-61-17
, provided that such bonds and other obligations shall be secured by an agreement between the issuer and the federal government, in which the issuer agrees to borrow from the federal government and the federal government agrees to lend to the issuer, prior to the maturity of the bonds or other obligations, moneys in an amount which (together with any other moneys irrevocably committed to the payment of interest on the bonds or other obligations) will suffice to pay the principal of the bonds or other obligations with interest to maturity thereon, which moneys under the terms of the agreement are required to be used for the purpose of paying the principal of and the interest on the bonds or other obligations at their maturity. Such bonds and other obligations shall be authorized security for all public deposits. It is the purpose of this Code section to authorize any persons, political subdivisions, and officers, public or private, to use any funds owned or controlled by them for the purchase of any such bonds or other obligations. Nothing contained in this Code section with regard to legal investments shall be construed as relieving any person of any duty of exercising reasonable care in selecting securities.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-14 - Exemption of property from execution, levy, and sale; tax exemption

(a)
All property of a municipality or county, including funds owned or held by it for the purposes of this chapter, shall be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall judgment against a municipality or county be a charge or lien upon such property; provided, however, that this Code section shall not apply to or limit the right of obligees to pursue any remedies for the enforcement of any pledge or lien given pursuant to this chapter by a municipality or county on its rents, fees, grants, or revenues from urban redevelopment projects.
(b)
The property of a municipality, county, or any other public body, acquired or held for the purpose of this chapter, is declared to be public property used for essential public and governmental purposes and such property shall be exempt from all taxes of the municipality, the county, the state, or any political subdivision thereof. Such tax exemption shall terminate when the municipality or county sells, leases, or otherwise disposes of property in an urban redevelopment area to a purchaser or lessee who or which is not a public body.
Amended by 2015 Ga. Laws 210,§ 7, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-15 - Presumption as to title of purchaser of property from municipality or county

Any instrument executed by a municipality or county and purporting to convey any right, title, or interest in any property under this chapter shall be conclusively presumed to have been executed in compliance with this chapter insofar as title or other interest of any bona fide purchasers, lessees, or transferees of such property is concerned.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-17 - Exercise of redevelopment powers by municipalities and counties; delegation to redevelopment agency or housing authority

(a)
A municipality or county may itself exercise its "urban redevelopment project powers," as defined in subsection (b) of this Code section, or may, if the local governing body by resolution determines such action to be in the public interest, elect to have such powers exercised by the urban redevelopment agency created by Code Section
36-61-18
or by a housing authority, if one exists or is subsequently established in the community, or by an existing or subsequently established downtown development authority. In the event that the local governing body makes such determination, the urban redevelopment agency or the housing authority or downtown development authority, as the case may be, shall be vested with all of the "urban redevelopment project powers" of the municipality or county conferred in this chapter, in the same manner as though all such powers were conferred on the agency or authority instead of the municipality or county; and any public body may cooperate with the urban redevelopment agency or housing authority or the downtown development authority to the same extent that it could cooperate with the municipality or county itself if the municipality or county were exercising its urban redevelopment project powers. If the local governing body does not elect to make such determination, the municipality or county in its discretion may exercise its urban redevelopment project powers through a board or commissioner or through such officers of the municipality or county as the local governing body may by resolution determine.
(b)
As used in this Code section, the term "urban redevelopment project powers" shall include all of the rights, powers, functions, duties, privileges, immunities, and exemptions granted to a municipality or county under this chapter, except the following:
(1)
The power to determine an area to be a pocket of blight and to designate such area as appropriate for an urban redevelopment project;
(2)
The power to approve and amend urban redevelopment plans;
(3)
The power to establish a general plan for the locality as a whole;
(4)
The power to formulate a workable program under Code Section
36-61-6
;
(5)
The powers, duties, and functions referred to in Code Section
36-61-11
;
(6)
The power to make the determinations and findings provided for in Code Section
36-61-4
, Code Section
36-61-5
, and subsection (d) of Code Section
36-61-7
;
(7)
The power to issue general obligation bonds; and
(8)
The power to appropriate funds, to levy taxes and assessments, and to exercise other powers provided for in paragraph (8) of Code Section
36-61-8
.
Amended by 2015 Ga. Laws 208,§ 8, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 61 - URBAN REDEVELOPMENT (§§ 36-61-1 — 36-61-19) › Section 36-61-19 - Interest by public official or employee or employee of redevelopment agency in redevelopment project or property; disclosure; eligibility of commissioners and officers of housing authorities for other office

(a)
No public official or employee of a municipality or county or of a board or commission thereof and no commissioner or employee of a housing authority or urban redevelopment agency which has been vested by a municipality or county with urban redevelopment project powers under Code Section
36-61-17
shall voluntarily acquire any interest, direct or indirect, in any urban redevelopment project of such municipality or county or in any property included or planned to be included in any such urban redevelopment project or in any contract or proposed contract in connection with such urban redevelopment project. Where such acquisition is not voluntary, the interest acquired shall be immediately disclosed in writing to the local governing body and such disclosure shall be entered upon the minutes of the governing body. If any such official, commissioner, or employee presently owns or controls, or owned or controlled within the preceding two years, any interest, direct or indirect, in any property which he knows is included or planned to be included in an urban redevelopment project, he shall immediately disclose this in writing to the local governing body, and such disclosure shall be entered upon the minutes of the governing body; any such official, commissioner, or employee shall not participate in any action by the municipality or county or a board or commission thereof, the housing authority, or the urban redevelopment agency affecting such property. Any disclosure required to be made by this Code section to the local governing body shall concurrently be made to a housing authority or urban redevelopment agency which has been vested with urban redevelopment project powers by the municipality or county pursuant to Code Section
36-61-17
.
(b)
Directors of a downtown development authority designated as an urban redevelopment agency pursuant to this chapter and other public officers of the municipality or county may serve as commissioners of the urban redevelopment agency, provided that such persons comply with the provisions of subsection (a) of this Code section.
(c)
Any violation of this Code section shall constitute misconduct in office.
Amended by 2010 Ga. Laws 613,§ 1, eff. 7/1/2010.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO COUNTIES AND MUNICIPAL CORPORATIONS (§§ 36-60-1 — 36-76-11) › Chapter 62 - DEVELOPMENT AUTHORITIES (§§ 36-62-1 — 36-62-19) › Article 1 - [GENERAL PROVISIONS] (§§ 36-62-1 — 36-62-14) › Section 36-62-1 - Short title

This chapter may be referred to as the "Development Authorities Law."
Amended by 2024 Ga. Laws 494,§ 2, eff. 4/25/2024.