reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-6.1 - Jurisdiction in cases involving transactions in drug objects; disposition of fines; transfer of cases

(a)
The municipal court of any municipality shall be granted jurisdiction to try and dispose of cases where a person is charged with transactions in drug related objects in violation of Code Section
16-13-32
if the offense occurred within the corporate limits of such municipality. The jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b)
Any fines arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c)
Any defendant charged with transactions in drug related objects in violation of Code Section
16-13-32
in a municipal court shall be entitled, upon request, to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county where the alleged offense occurred.
(d)
Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter.
Added by 2012 Ga. Laws 534,§ 5, eff. 4/11/2012.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-7 - Jurisdiction in cases of operating motor vehicle without effective insurance; retention of fines and bond forfeitures; transfer of cases

(a)
The municipal court of each municipality is granted jurisdiction to try and dispose of cases where a person is charged with a misdemeanor under Code Section
40-6-10
of knowingly operating or knowingly authorizing the operation of a motor vehicle without effective insurance of such vehicle or without an approved plan of self-insurance as required by Chapter 34 of Title 33, the "Georgia Motor Vehicle Accident Reparations Act," if the offense occurred within the corporate limits of such municipality. The jurisdiction of each such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b)
Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c)
Any defendant charged with a misdemeanor under Code Section
40-6-10
in a municipal court shall be entitled on request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d)
Nothing in this Code section shall be construed to give any municipality the right to impose a fine or punish by imprisonment in excess of the limits as set forth in the municipality's charter.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-8 - Jurisdiction in cases of operating motor vehicle without certificate of emission inspection; retention of fines and bond forfeitures; transfer of cases

(a)
The municipal court of each municipality of each county required to comply with Article 2 of Chapter 9 of Title 12, known as the "Georgia Motor Vehicle Emission Inspection and Maintenance Act," is granted jurisdiction to try and dispose of such cases in which a person is charged with a misdemeanor under Code Section
12-9-55
of operating a responsible motor vehicle without a certificate of emission inspection, if the offense occurred within the corporate limits of such municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b)
Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipality and shall be paid into the treasury of such municipality.
(c)
Any defendant charged with a misdemeanor under Code Section
12-9-55
in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d)
Nothing in this Code section shall be construed to give any municipality the right to impose a fine in excess of the limits set forth in Code Section
12-9-55
.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-9 - Misdemeanor theft by shoplifting or misdemeanor refund fraud; transfer of cases; penalties; retention of fines and bond forfeitures; reports

(a)
The municipal court is granted jurisdiction to try and dispose of cases in which a person is charged with a misdemeanor theft by shoplifting or misdemeanor refund fraud if the offense occurred within the corporate limits of the municipality. The jurisdiction of such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b)
Any person charged in a municipal court with misdemeanor theft by shoplifting or misdemeanor refund fraud shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(c)
(1)
A person convicted in a municipal court of misdemeanor theft by shoplifting shall be punished as provided in paragraph (1) of subsection (b) of Code Section
16-8-14
, provided that nothing in this Code section or Code Section
16-8-14
shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter.
(2)
A person convicted in a municipal court of misdemeanor refund fraud shall be punished as provided in the misdemeanor penalties set forth in Code Section
16-8-14.1
, provided that nothing in this Code section or Code Section
16-8-14.1
shall be construed to give any municipality the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter.
(d)
Any fines and bond forfeitures arising from the prosecution of such cases in such municipal court shall be retained by the municipality and shall be paid into the treasury of such municipality.
(e)
It shall be the duty of the appropriate agencies of the municipality in which an offense under subsection (a) of this Code section is charged to make any reports to the Georgia Crime Information Center required under Article 2 of Chapter 3 of Title 35.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
Amended by 2014 Ga. Laws 566,§ 2-3, eff. 7/1/2014.
Amended by 2012 Ga. Laws 709,§ VIII-8-14, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-10 - Jurisdiction in cases of furnishing alcoholic beverages to and purchase and possession of alcoholic beverages by underage persons; retention of fines and bond forfeitures; transfer of cases; penalties

(a)
The municipal courts are granted jurisdiction to try and dispose of a first offense violation of Code Section
3-3-23
, relating to furnishing alcoholic beverages to, and purchase and possession of alcoholic beverages by, a person under 21 years of age, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases.
(b)
Any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(c)
Any defendant charged with a first offense violation of Code Section
3-3-23
in a municipal court shall be entitled upon request to have the case against him transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d)
A person convicted in a municipal court of a first offense violation of Code Section
3-3-23
shall be punished as provided in paragraph (1) of subsection (b) of Code Section
3-3-23.1
, provided that nothing in this Code section or Code Section
3-3-23.1
shall be construed to give any municipal corporation the right to impose a fine or punishment in excess of the limits set forth in the charter of such municipal corporation.
(e)
Nothing in this Code section shall affect the original and exclusive jurisdiction of the juvenile court as set forth in Code Section
15-11-10
.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
Amended by 2013 Ga. Laws 127,§ 4-46, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-10.1 - Jurisdiction in counties without state court to try violations of Code Section 16-7-21; retention of fines and bond forfeitures; transfer of cases; penalties

(a)
The municipal court of each municipal corporation in counties where there is no state court is granted jurisdiction to try and dispose of any violation of Code Section
16-7-21
, relating to criminal trespass, if the offense occurred within the corporate limits of such municipal corporation. The jurisdiction of such municipal court shall be concurrent with the jurisdiction of any other court within the county having jurisdiction to try and dispose of such cases.
(b)
Any fines and bond forfeitures arising from the prosecution of any such case in the municipal court shall be retained by the municipal corporation and shall be paid into the treasury of such municipal corporation.
(c)
Any defendant charged with a violation of Code Section
16-7-21
in a municipal court shall be entitled upon request to have the case against him or her transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred.
(d)
A person convicted of a violation of Code Section
16-7-21
shall be punished as provided in such Code section, provided that nothing in this Code section or in Code Section
16-7-21
shall be construed to give any municipal court the right to impose a fine or punishment by imprisonment in excess of the limits as set forth in the municipality's charter.
Amended by 2015 Ga. Laws 98,§ 3-32, eff. 7/1/2015.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-10.2 - Trial upon citation, summons, or accusation

Notwithstanding any other contrary provision of law, in municipal courts which have jurisdiction over misdemeanor offenses or ordinance violations, such offenses or violations may be tried upon a uniform traffic citation, summons, citation, or an accusation.
Added by 2002 Ga. Laws 775, § 1, eff. 5/9/2002.
Former § 36-32-10.2 was repealed.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-10.3 - Jurisdiction over littering offenses

(a)
Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the municipal courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any provision of Part 2, Part 3, or Part 3A of Article 2 of Chapter 7 of Title 16 or Code Section
32-6-51
or
40-6-248.1
that is punishable for its violation as a misdemeanor. Such jurisdiction shall be concurrent with other courts having jurisdiction over such violations.
(b)
A municipal court shall not have the power to dispose of misdemeanor cases as provided in subsection (a) of this Code section unless the defendant shall first waive in writing a trial by jury. If the defendant does not waive a trial by jury, the defendant shall notify the court and, if reasonable cause exists, the defendant shall be immediately bound over to a court in the county having jurisdiction to try the offense wherein a jury may be impaneled.
Added by 2006 Ga. Laws 538,§ 3-11, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-11 - Required training for judges

(a)
All judges of the municipal courts, and all judges of courts exercising municipal court jurisdiction, shall periodically satisfactorily complete a training course as provided in Article 2 of this chapter.
(b)
The Georgia Municipal Courts Training Council shall keep records of training completed by municipal judges and judges of courts exercising municipal court jurisdiction.
(c)
If any municipal judge, or any judge of a court exercising municipal court jurisdiction, does not satisfactorily complete the required training in any year, the Georgia Municipal Courts Training Council shall promptly notify the Judicial Qualifications Commission, which may remove the judge from office unless the Judicial Qualifications Commission finds that the failure was caused by facts beyond the control of the judge.
(d)
The reasonable costs and expenses of such training shall be paid by the governing authority of the jurisdiction where the judge presides.
(e)
This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction.
Amended by 2012 Ga. Laws 741,§ 1, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-12 - Municipal court held outside municipality

Notwithstanding any other contrary provision of law, local or general, sessions of a municipal court may be held outside the municipality for which the municipal court is established if such sessions are held within a county in which the municipality is located or has its legal situs. Nothing in this Code section shall be construed to restrict the judge of a municipal court from having authority to engage in any judicial act which he or she is lawfully entitled to perform, regardless of where the judge is located when the act is performed.
Amended by 2022 Ga. Laws 782,§ 36, eff. 5/2/2022.
Amended by 2021 Ga. Laws 202,§ 1-9, eff. 5/4/2021.
Added by 2001 Ga. Laws 310, § 1, eff. 4/27/2001.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 1 - GENERAL PROVISIONS (§§ 36-32-1 — 36-32-13) › Section 36-32-13 - Municipal court clerks; role of Municipal Courts Training Council

(a)
For purposes of this Code section, the term:
(1)
"Municipal court" shall have the same meaning as described in subsection (a) of Code Section
36-32-1
.
(2)
"Municipal court clerk" shall mean the primary person most directly responsible for the administration of a municipal court other than a judge of the municipal court.
(b)
(1)
Any person who is hired or appointed as a municipal court clerk on or after July 1, 2006, shall satisfactorily complete a minimum of 16 hours of training related to the operation of municipal court as prescribed by the Georgia Municipal Courts Training Council within his or her first year of service as a municipal court clerk.
(2)
Each municipal court clerk, regardless of when he or she was hired or appointed, shall complete a minimum of eight hours of training related to the operation of municipal court as prescribed by the Georgia Municipal Courts Training Council on an annual basis. The training required by this paragraph shall be satisfied by completing the training provided for in paragraph (1) of this subsection in the municipal court clerk's first year of service.
(3)
The reasonable costs and expense of training required by this Code section shall be paid by the governing authority of the municipality from municipal funds.
(c)
The Georgia Municipal Courts Training Council shall keep records of training completed by municipal court clerks.
(d)
In any year that any municipal court clerk does not satisfactorily complete the required training, the Georgia Municipal Courts Training Council shall promptly notify the governing authority of the applicable municipality as well as the chief municipal court judge of the applicable municipality.
Amended by 2012 Ga. Laws 684,§ 36, eff. 5/1/2012.
Added by 2006 Ga. Laws 672,§ 1, eff. 7/1/2006.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 2 - GEORGIA MUNICIPAL COURTS TRAINING COUNCIL (§§ 36-32-20 — 36-32-27) › Section 36-32-20 - Short title

This article shall be known and may be cited as "The Georgia Municipal Courts Training Council Act."
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 2 - GEORGIA MUNICIPAL COURTS TRAINING COUNCIL (§§ 36-32-20 — 36-32-27) › Section 36-32-21 - Definitions

As used in this article, the term:
(1)
"Certified municipal judge" means a municipal judge who has the appropriate required certificate of training issued by the council and on file with the council.
(2)
"Council" means the Georgia Municipal Courts Training Council.
(3)
"Municipal court" means and includes any municipal court as defined in subsection (a) of Code Section
36-32-1
.
(4)
"Municipal judge" means a judge of a municipal court.
(5)
"School" means any school, college, university, academy, or training program approved by the council and the Judicial Council of Georgia which offers basic, in-service, advanced, specialized, or continuing judicial training or a combination thereof, and includes within its meaning a combination of course curriculum, instructors, and facilities which meet the standards required by the council.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 2 - GEORGIA MUNICIPAL COURTS TRAINING COUNCIL (§§ 36-32-20 — 36-32-27) › Section 36-32-22 - Establishment of Georgia Municipal Courts Training Council; membership

(a)
There is established a council which shall be known and designated as the "Georgia Municipal Courts Training Council" and which shall be composed of the director of the administrative office of the courts or the director's designee, which member shall not be a voting member, and five municipal judges who shall be appointed by the Council of Municipal Court Judges of Georgia. The initial terms for two members shall expire on December 31, 1991. The initial terms for three members shall expire on December 31, 1992. Following the expiration of these initial terms, their successors shall be appointed for terms of two years.
(b)
In the event of death, resignation, disqualification, or removal for any reason of any member of the council, vacancies shall be filled in the same manner as the original appointment and successors shall serve for the unexpired term.
(c)
Membership on the council does not constitute public office and no member shall be disqualified from holding office by reason of his membership.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 2 - GEORGIA MUNICIPAL COURTS TRAINING COUNCIL (§§ 36-32-20 — 36-32-27) › Section 36-32-23 - Oath of office

Immediately and before entering upon the duties of office, the members of the Georgia Municipal Courts Training Council shall take the oath of office and shall file the same in the office of the Judicial Council of Georgia, which, upon receiving the oath of office, shall issue to each member a certificate of appointment.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 2 - GEORGIA MUNICIPAL COURTS TRAINING COUNCIL (§§ 36-32-20 — 36-32-27) › Section 36-32-24 - Election of chairman and vice-chairman; secretary; quorum; minutes; annual report

(a)
A chairman and vice-chairman shall be elected at the first meeting of each calendar year.
(b)
The director of the Administrative Office of the Courts or his designee shall serve as secretary to the council.
(c)
A simple majority of the members of the council shall constitute a quorum for the transaction of business.
(d)
The council shall maintain minutes of its meetings and such other records as it deems necessary.
(e)
The council shall report at least annually to the Governor and to the General Assembly as to its activities.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 2 - GEORGIA MUNICIPAL COURTS TRAINING COUNCIL (§§ 36-32-20 — 36-32-27) › Section 36-32-25 - Remuneration

The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions; provided, however, that such expenses shall not exceed those allowed to members of the General Assembly.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 2 - GEORGIA MUNICIPAL COURTS TRAINING COUNCIL (§§ 36-32-20 — 36-32-27) › Section 36-32-26 - Functions, powers, and responsibilities

The council is vested with the following functions, powers, and responsibilities:
(1)
To make all the necessary rules and regulations to carry out this article;
(2)
To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state government or its political subdivisions in furtherance of the purposes of this article;
(3)
To approve schools and to prescribe minimum qualifications for instructors at approved schools;
(4)
To issue a certification to any municipal court judge satisfactorily complying with an approved training program established;
(5)
To do any and all things necessary or convenient to enable it wholly and adequately to perform its duties and to exercise the power granted to it; and
(6)
To prescribe, by rules and regulations, the minimum requirements for curricula and standards composing the initial in-service, advanced, specialized, and continuing training courses for certification.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 2 - GEORGIA MUNICIPAL COURTS TRAINING COUNCIL (§§ 36-32-20 — 36-32-27) › Section 36-32-27 - Mandatory training of municipal judges

(a)
Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a municipal judge prior to January 1, 1991, shall be exempt from completing these 20 hours of training.
(b)
Except as provided in subsection (d) of this Code section, any person who becomes a judge of a court exercising municipal court jurisdiction on or after July 1, 2012, who is not subject to subsection (a) of this Code section, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this article. Any person serving as a judge of a court exercising municipal court jurisdiction prior to July 1, 2012, who is not subject to subsection (a) of this Code section, shall be exempt from completing these 20 hours of training.
(c)
Except as provided in subsection (d) of this Code section, in order to maintain the status of a certified municipal judge or a certified judge of a court exercising municipal court jurisdiction, he or she shall complete 12 hours of additional training per annum during each calendar year after the year of his or her initial certification in which he or she serves as municipal judge or as judge of a court exercising municipal court jurisdiction.
(d)
This Code section shall not apply to any magistrate judge, probate judge, or any judge of a court of record who presides in a court exercising municipal court jurisdiction.
(e)
If a municipal court judge completes training hours in excess of the number of hours required by this Code section in a calendar year, credit for such excess hours, not to exceed six hours, shall, upon the request of the municipal court judge, be carried over and applied to the number of hours required for the next calendar year.
Amended by 2019 Ga. Laws 239,§ 1, eff. 7/1/2019.
Amended by 2012 Ga. Laws 741,§ 2, eff. 7/1/2012.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 3 - COUNCIL OF MUNICIPAL COURT JUDGES (§§ 36-32-40 — 36-32-41) › Section 36-32-40 - [Effective Until 7/1/2025] Creation of council; membership and organization; purpose; expenses; contracts; assistance to council; members not ineligible to hold office of judge

(a)
There is created a council of municipal court judges to be known as the "Council of Municipal Court Judges of Georgia." The council shall be composed of the judges of the municipal courts of this state. The council is authorized to organize itself and to develop a constitution and bylaws. The officers of said council shall consist of a president, a first vice president, a second vice president, a secretary, a treasurer, and such other officers as the council shall deem necessary. The council shall have an executive committee composed of two representatives from each judicial administrative district.
(b)
It shall be the purpose of the council to effectuate the constitutional and statutory responsibilities conferred upon it by law, to further the improvement of the municipal courts and the administration of justice, to assist the judges of the municipal courts throughout the state in the execution of their duties, and to promote and assist in the training of such judges.
(c)
Expenses of the administration of the council shall be paid from state funds appropriated for that purpose, from federal funds available to the council for that purpose, or from private funds available to the council, and from other appropriate sources.
(d)
The council through its officers may contract with a person or firm including any member of the council for the production of educational material and compensate said member for producing such material, provided that funds are available to the council at the time of execution of the contract or will be available at the time of the completion of the contract and provided that the terms of the contract are disclosed to the full council and made available to the general public and news media. At the request of the council, the Administrative Office of the Courts shall be authorized to act as the agent of the council for the purpose of supervising and implementing the contract.
(e)
The Administrative Office of the Courts shall provide technical services to the council and shall assist the council in complying with all its legal requirements.
(f)
Notwithstanding any other law, a councilmember shall not be ineligible to hold the office of judge of a municipal court by virtue of his or her position as a member of the council and membership in the council shall not constitute the holding of a public office.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 32 - MUNICIPAL COURTS (§§ 36-32-1 — 36-32-41) › Article 3 - COUNCIL OF MUNICIPAL COURT JUDGES (§§ 36-32-40 — 36-32-41) › Section 36-32-41 - Savings plans and deferred compensation plans for council members

(a)
The Council of Municipal Court Judges of Georgia is authorized to create and oversee savings plans and deferred compensation plans for its members in good standing.
(b)
Participation in such plans shall be optional for members of the council in good standing.
(c)
Such plans shall be funded solely by the individual contributions of the members of the council who choose to participate in the plan.
(d)
No money or other funds collected through a municipal court shall be used to fund such plans.
(e)
The creation and oversight of such plans by the council shall not create a debt or other financial obligation for this state or any political subdivision of this state.
(f)
The creation and oversight of such plans by the council shall not create any fiduciary liability on the part of the council.
Added by 2017 Ga. Laws 188,§ 1, eff. 7/1/2017.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 33 - LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS (§§ 36-33-1 — 36-33-6) › Section 36-33-1 - Immunity from liability for damages; waiver of immunity by purchase of liability insurance; liability for acts or omissions generally

(a)
Pursuant to Article IX, Section II, Paragraph IX of the Constitution of the State of Georgia, the General Assembly, except as provided in this Code section and in Chapter 92 of this title, declares it is the public policy of the State of Georgia that there is no waiver of the sovereign immunity of municipal corporations of the state and such municipal corporations shall be immune from liability for damages. A municipal corporation shall not waive its immunity by the purchase of liability insurance, except as provided in Code Section
33-24-51
or
36-92-2
, or unless the policy of insurance issued covers an occurrence for which the defense of sovereign immunity is available, and then only to the extent of the limits of such insurance policy. This subsection shall not be construed to affect any litigation pending on July 1, 1986.
(b)
Municipal corporations shall not be liable for failure to perform or for errors in performing their legislative or judicial powers. For neglect to perform or improper or unskillful performance of their ministerial duties, they shall be liable.
Amended by 2002 Ga. Laws 763, § 2, eff. 1/1/2005
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 33 - LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS (§§ 36-33-1 — 36-33-6) › Section 36-33-2 - Liability for failure to perform discretionary act

Where municipal corporations are not required by statute to perform an act, they may not be held liable for exercising their discretion in failing to perform the act.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 33 - LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS (§§ 36-33-1 — 36-33-6) › Section 36-33-3 - Liability for torts of police or other officers

A municipal corporation shall not be liable for the torts of policemen or other officers engaged in the discharge of the duties imposed on them by law.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 33 - LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS (§§ 36-33-1 — 36-33-6) › Section 36-33-4 - Personal liability of councilmembers and other municipal officers

Members of the council and other officers of a municipal corporation shall be personally liable to one who sustains special damages as the result of any official act of such officers if done oppressively, maliciously, corruptly, or without authority of law.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 33 - LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS (§§ 36-33-1 — 36-33-6) › Section 36-33-5 - Written demand prerequisite to action for injury to person or property; time for presenting claim and for consideration by governing authority; suspension of limitations; statement of specific amount of monetary damages sought; service of claim on city officials

(a)
No person, firm, or corporation having a claim for money damages against any municipal corporation on account of injuries to person or property shall bring any action against the municipal corporation for such injuries, without first giving notice as provided in this Code section.
(b)
Within six months of the happening of the event upon which a claim against a municipal corporation is predicated, the person, firm, or corporation having the claim shall present the claim in writing to the governing authority of the municipal corporation for adjustment, stating the time, place, and extent of the injury, as nearly as practicable, and the negligence which caused the injury. No action shall be entertained by the courts against the municipal corporation until the cause of action therein has first been presented to the governing authority for adjustment.
(c)
Upon the presentation of such claim, the governing authority shall consider and act upon the claim within 30 days from the presentation; and the action of the governing authority, unless it results in the settlement thereof, shall in no sense be a bar to an action therefor in the courts.
(d)
The running of the statute of limitations shall be suspended during the time that the demand for payment is pending before such authorities without action on their part.
(e)
The description of the extent of the injury required in subsection (b) of this Code section shall include the specific amount of monetary damages being sought from the municipal corporation. The amount of monetary damages set forth in such claim shall constitute an offer of compromise. In the event such claim is not settled by the municipal corporation and the claimant litigates such claim, the amount of monetary damage set forth in such claim shall not be binding on the claimant.
(f)
A claim submitted under this Code section shall be served upon the mayor or the chairperson of the city council or city commission, as the case may be, by delivering the claim to such official personally or by certified mail or statutory overnight delivery.
Amended by 2014 Ga. Laws 487,§ 1, eff. 7/1/2014.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 33 - LIABILITY OF MUNICIPAL CORPORATIONS FOR ACTS OR OMISSIONS (§§ 36-33-1 — 36-33-6) › Section 36-33-6 - Exemption of municipal property from levy and sale

Property of a municipal corporation in use for the public or held for future use for the public is not subject to levy and sale under executions. All property held by a municipal corporation is presumptively for public use.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-1 - Legislative intent

It is declared to be the intention of the General Assembly to vest certain general powers in the governing body of each of the municipal corporations of this state, such powers to be in addition to or cumulative of those which any municipal corporation may now have under its charter or any other special or general law. It is the purpose of this grant of general powers:
(1)
To provide authority for all municipal corporations to exercise certain common functions of local government;
(2)
To provide for local self-government to the extent of the powers granted; and
(3)
To relieve the necessity for special legislative action by the General Assembly to the extent of the powers granted in this chapter.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-3 - Acquisition and operation of certain buildings and facilities; contracts with other political subdivisions for joint use

In addition to the other powers it may have, any municipal corporation shall have the power, in the interest of the health and general welfare, to accept by gift, acquire, construct, lease, own, regulate, operate, improve, open, close, or extend public streets, alleys, sidewalks, parks, swimming pools, golf courses, recreation grounds, airports, airfields, parking areas, parking buildings, athletic fields, grandstands and stadia buildings used or useful for sports, buildings used or useful for housing fairs and exhibits, buildings for educational purposes, libraries, buildings used or useful for poultry and livestock shows and exhibits, and buildings used or useful for public amusement purposes, together with facilities or buildings used for any combination of the above. Any municipal corporation may, under this chapter, contract with any other political subdivision for the joint use of any of such facilities.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-4 - Establishment of facilities and services for treatment of patients

In addition to the other powers it may have, the governing body of any municipal corporation may provide for the general health and welfare by establishing hospitals and clinics for the reception and treatment of charitable and pay patients. It shall have the power to contract with any state agency or political subdivision of this state to provide joint facilities or services for the care and treatment of patients.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-5 - Acquisition and construction of water and sewage systems

(a)
In addition to the other powers which it may have, any municipal corporation shall have the power under this chapter:
(1)
To acquire by gift, by purchase, or by the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any water system or sewage system, or both, within the municipal corporation;
(2)
To acquire by gift, by purchase, or by the exercise of the right of eminent domain any lands, easements, rights in lands, and water rights in connection therewith;
(3)
To operate and maintain any such systems for its own use and for:
(A)
Public and private persons within the territorial boundaries of the municipal corporation who use the system; or
(B)
Persons to whom the system is made available at the property owned by such persons; and
(4)
To prescribe, revise, and collect rates, fees, tolls, or charges for the services, facilities, or commodities:
(A)
Furnished to persons or users; or
(B)
Made available by such systems to the property owner at such owner's property. When services are available but not used, the maximum rates, fees, tolls, or other charges imposed shall not exceed the minimum charge or fee imposed on a user of such system.
(b)
The provisions of subparagraphs (a)(3)(B) and (a)(4)(B) of this Code section shall apply with respect to an individual residential property owner only in the case of a municipality or public water system or project thereof that is exempted from the provisions of subsections (a) and (b) of Code Section
36-60-17.1
pursuant to subsection (c) of such Code section.
Amended by 2007 Ga. Laws 369,§ 1, eff. 7/1/2007.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-5.1 - Lease agreements for providing library services

Notwithstanding any provision of law to the contrary, each municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding lease agreements with nonprofit corporations, classified as public foundations (not private foundations) under the United States Internal Revenue Code, for the stated purpose of providing library services for any period of time not to exceed 15 years.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-5.2 - Leases and contracts for operation and maintenance of botanical gardens in municipal corporations having population of more than 300,000

Notwithstanding any provision of law to the contrary, any municipal corporation of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census 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 50 years to provide for the operation and maintenance of botanical gardens on municipal property.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-5.3 - Leases and contracts for operation and maintenance of public zoos in municipal corporations having population of more than 300,000

Notwithstanding any provision of law to the contrary, any municipal corporation of this state having a population of more than 300,000 according to the United States decennial census of 1970 or any future such census 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 50 years to provide for the operation and maintenance of public zoos on municipal property.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-6 - Financing of facilities and services

The governing body of each municipal corporation of this state is given the authority to issue, refund, and liquidate financial obligations, including bonds, incurred to finance any facilities or services which such municipal corporation undertakes to provide under authority of this chapter, subject to the provisions of the Constitution of this state and the general laws applicable to such bonds or other financial obligations.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-7 - Powers supplemental

The provisions of this chapter are in addition to the powers heretofore or hereafter granted to any municipal corporation.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 34 - POWERS OF MUNICIPAL CORPORATIONS GENERALLY (§§ 36-34-1 — 36-34-8) › Section 36-34-8 - Provisions of chapter general law; enactment of local or special laws on subject matters covered by chapter; effect of chapter upon amendment of municipal charters

It is declared to be the intention of the General Assembly that the provisions of this chapter are general laws within the meaning of Article III, Section VI, Paragraph IV(a) of the Constitution. No local or special laws shall be enacted on subject matters over which municipal corporations are authorized to act pursuant to this chapter. Any provision of any municipal charter heretofore enacted covering subject matters over which municipal corporations are authorized to act pursuant to this chapter shall be amended, modified, superseded, or repealed only in accordance with subsection (b) of Code Section
36-35-3
.
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 35 - HOME RULE POWERS (§§ 36-35-1 — 36-35-8) › Section 36-35-1 - Short title

This chapter shall be known and may be cited as "The Municipal Home Rule Act of 1965."
2023 CODE OF GEORGIA › Title 36 - LOCAL GOVERNMENT (§§ 36-1-1 — 36-93-1) › PROVISIONS APPLICABLE TO MUNICIPAL CORPORATIONS ONLY (§§ 36-30-1 — 36-46-01) › Chapter 35 - HOME RULE POWERS (§§ 36-35-1 — 36-35-8) › Section 36-35-2 - Incorporation, dissolution, merger, and boundary changes by local Act or under general law; annexation of deannexed property

(a)
No municipal corporation shall be incorporated, dissolved, merged, or consolidated with any other municipal corporation, or have its municipal boundaries changed except by local Act of the General Assembly or by such methods as may be provided by general law.
(b)
Whenever any local Act of the General Assembly deannexes property lying within the boundaries of a municipal corporation, such property shall not be subject to annexation under Chapter 36 of this title by the municipal corporation from which the property was deannexed for a period of three years from such deannexation.