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2018 Georgia Code 12-6-89 | Car Wreck Lawyer

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 6. Forest Resources and Other Plant Life, 12-6-1 through 12-6-247.

ARTICLE 1 FOREST RESOURCES

12-6-89. "Extreme forest fire emergency" defined; authority of Governor, forestry investigators, and peace officers in emergency; advice by director to Governor as to existence of emergency.

  1. As used in this Code section, "extreme forest fire emergency" means a condition whereby forest fires within the state are of such number, size, severity, and intensity that they cannot be controlled by the existing facilities of the State Forestry Commission and are endangering life and property.
  2. The Governor shall have authority to declare and determine the existence and termination of such emergency and, by order, rule, or regulation, to prohibit hunting, fishing, camping, or picnicking in any woods or lands of the state, or to prohibit the entering of such woods or lands for any other purposes which might cause a fire hazard or endanger the life or property of any person within such area. The Governor may direct and commandeer all state agencies and personnel to assist the State Forestry Commission in such emergency by executive order.
  3. Forestry investigators and any and all other peace officers of this state, or of any county or municipality thereof, shall have authority to make arrests for violation of any order, rule, or regulation made pursuant to a declaration of extreme forest fire emergency. Any person who violates any such order, rule, or regulation shall be guilty of a misdemeanor.
  4. The director of the State Forestry Commission will notify the Governor from time to time what situation, in his judgment, constitutes an extreme forest fire emergency.

(Ga. L. 1949, p. 968; Ga. L. 1955, p. 309, §§ 37, 38; Ga. L. 1959, p. 72, § 2.)

Cross references.

- Emergency powers of Governor generally, §§ 38-3-22,38-3-51,45-12-29 et seq.

RESEARCH REFERENCES

Am. Jur. 2d.

- 35A Am. Jur. 2d, Fires, §§ 1, 37.

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