TITLE 15 COURTS

Section 10. Magistrate Courts, 15-10-1 through 15-10-263.

ARTICLE 4 VIOLATION OF ORDINANCES OF COUNTIES AND STATE AUTHORITIES

15-10-63. Use of citations; arrests.

1. The governing authority of any county or any state authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations.
2. Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county or authority agent who completes and serves it.
3. Prosecutions for violations of ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations or by an agent of the state authority who is authorized by the authority to issue citations. Except as provided in subsection (c) of Code Section 15-10-62, a copy of the citation shall be personally served upon the accused; and the original shall promptly be filed with the court.
4. No person shall be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct or as authorized by ordinance of a state authority; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for his or her future appearance.

(Code 1981, §15-10-63, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 9; Ga. L. 1985, p. 149, § 15; Ga. L. 1987, p. 448, § 2; Ga. L. 1994, p. 292, § 2; Ga. L. 2000, p. 880, § 2; Ga. L. 2016, p. 755, § 2/HB 1025.)

The 2016 amendment, effective July 1, 2016, substituted "Except as provided in subsection (c) of Code Section 15-10-62, a copy" for "A copy" at the beginning of the second sentence of subsection (c).