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O.C.G.A. § 12-3-236 — Exercise of police power of authority; delegation of power to state or county | Georgia Code

O.C.G.A. § 12-3-236 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 3. Parks, Historic Areas, Memorials, and Recreation, 12-3-1 through 12-3-708.

ARTICLE 7 PUBLIC AUTHORITIES

12-3-236. Exercise of police power of authority; delegation of power to state or county.

The authority is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all zoning, user, and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state. The authority may delegate all or any part of performance of this function temporarily or permanently to the state or the county in which the park is located, or both.

(Ga. L. 1950, p. 152, § 14.)

JUDICIAL DECISIONS

Ga. L. 1950, p. 152, § 14 (see O.C.G.A. § 12-3-236) did not give authority exclusive police power, including law enforcement on Jekyll Island, nor did it prohibit Glynn County police from exercising the powers granted them by former Code 1933, § 23-1403 (see O.C.G.A. § 36-8-5). Ferguson v. Leggett, 226 Ga. 333, 174 S.E.2d 913 (1970).

Cited in Crews v. Undercofler, 249 F. Supp. 13 (N.D. Ga. 1966).

RESEARCH REFERENCES

C.J.S.

- 73 C.J.S., Public Administrative Law and Procedure, §§ 57, 59 et seq.

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This Georgia Code resource is curated by this site's author, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.