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2018 Georgia Code 41-1-9 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 41-1-9 Case Law from Google Scholar Amendments to OCGA 41-1-9

TITLE 41 NUISANCES

Section 1. General Provisions, 41-1-1 through 41-1-10.

41-1-9. Sport shooting ranges.

  1. As used in this Code section, the term:
    1. "Person" means an individual, proprietorship, partnership, corporation, or unincorporated association.
    2. "Sport shooting range" or "range" means an area designated and operated by a person for the sport shooting of firearms and not available for such use by the general public without payment of a fee, membership contribution, or dues or by invitation of an authorized person, or any area so designated and operated by a unit of government, regardless of the terms of admission thereto.
    3. "Unit of government" means any of the departments, agencies, authorities, or political subdivisions of the state, cities, municipal corporations, townships, or villages and any of their respective departments, agencies, or authorities.
  2. No sport shooting range shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such range if the range has been in operation for one year since the date on which it commenced operation as a sport shooting range. Subsequent physical expansion of the range or expansion of the types of firearms in use at the range shall not establish a new date of commencement of operations for purposes of this Code section.
  3. No sport shooting range or unit of government or person owning, operating, or using a sport shooting range for the sport shooting of firearms shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to noise generated by the operation of the range if the range remains in compliance with noise control or nuisance abatement rules, regulations, statutes, or ordinances applicable to the range on the date on which it commenced operation.
  4. No rules, regulations, statutes, or ordinances relating to noise control, noise pollution, or noise abatement adopted or enacted by a unit of government shall be applied retroactively to prohibit conduct at a sport shooting range, which conduct was lawful and being engaged in prior to the adoption or enactment of such rules, regulations, statutes, or ordinances.

(Code 1981, §41-1-9, enacted by Ga. L. 1997, p. 796, § 1.)

Editor's notes.

- Ga. L. 1997, p. 796, § 2, not codified by the General Assembly, makes this Code section applicable to conduct occurring on or after July 1, 1997, and provides that this Code section shall not apply to or affect conduct occurring prior to July 1, 1997.

JUDICIAL DECISIONS

No injunction as a nuisance.

- Sporting clay course cannot be enjoined as a sound generating nuisance if the course does not run afoul of local noise control ordinances or ordinances aimed at the regulation of a sport shooting range. Jenkins v. Clayton, 273 Ga. 439, 542 S.E.2d 503 (2001).

RESEARCH REFERENCES

Citizen Suit Under the Noise Control Act, 58 POF3d 315.

Cases Citing O.C.G.A. § 41-1-9

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Jenkins v. Clayton, 542 S.E.2d 503 (Ga. 2001).

Cited 5 times | Published | Supreme Court of Georgia | Feb 16, 2001 | 273 Ga. 439

...The jury determined that the sporting clay course constituted a nuisance, but that plaintiff suffered no damages. Thereupon, the trial court entered an order barring operation of "any sport shooting, skeet or other target shooting range" at the facility at any time on Sunday. Defendants appeal asserting, inter alia, OCGA § 41-1-9(c), which was enacted in 1997, forbids their sporting clay course from being enjoined as a noise generating nuisance. OCGA § 41-1-9(c) provides, in pertinent part: No sport shooting range ......