O.C.G.A. § 32-6-174 (2019)

Annotations

Cross references. - Assessments by municipalities for street improvements, T. 36, C. 39. Use of parking meter receipts to pay principal, interest, and other expenses of revenue bonds issued to finance public parking areas or public parking buildings, § 36-82-62.

U.S. Code. - The Uniform Relocation System and Real Property Acquisition Policy Act of 1970, referred to in this Code section, is codified as 42 U.S.C. Ch. 61.

Law reviews. - For annual survey of administrative law, see 56 Mercer L. Rev. 31 (2004). For annual survey of local government law, see 57 Mercer L. Rev. 289 (2005).

JUDICIAL DECISIONS Police power of municipalities. - State law has not preempted police power authority of municipalities to regulate location and maintenance of outdoor advertising signs within their territorial jurisdictions. City of Doraville v. Turner Communications Corp., 236 Ga. 385, 223 S.E.2d 798 (1976). City’s ordinances prohibiting the use of amphibious vehicles as tour vehicles in parts of the city were not preempted by the state law giving the Public Service Commission the authority to issue certificates of public convenience and necessity; the ordinances fall within the constitutional exception to the doctrine of preemption since the General Assembly enacted general laws authorizing the local government to exercise its police powers and enact the local laws at issue. Old South Duck Tours, Inc. v. Mayor & Aldermen of Savannah, 272 Ga. 869, 535 S.E.2d 751 (2000). No municipal liability for lighting. - City’s failure to add supplemental lighting to crossing was not actionable for negligence as O.C.G.A. § 32-4-92 provides that a municipality ‘‘may’’ provide lighting on any public road located within the municipality’s limits, but is under no duty

to provide lighting if the municipality does not choose to do so. Biggers ex rel. Key v. Southern Ry., 820 F. Supp. 1409 (N.D. Ga. 1993). but see CSX Transp., Inc. v. Trism Specialized Carriers, Inc., 9 F. Supp. 2d 1374 (N.D. Ga. 1998), aff ’d, 182 F.3d 788 (11th Cir. 1999). Court’s authority to review. - Federal appellate court determined that whether an amendment to Macon, Ga., Code of Ordinances art. VII, § 18-153 that increased the annual permit fee that the City of Macon charged a telecommunications company for placement of the company’s fiber optic cable on utility poles from $2.00 to $4.50 per linear foot was preempted by O.C.G.A. § 32-4-92(a)(10), or otherwise invalid because it exceeded the fees charged by the Georgia Department of Transportation for its rights of way, was an issue appropriate for resolution by the Supreme Court of Georgia through a certified question. Alltel Communs., Inc. v. City of Macon, 345 F.3d 1219 (11th Cir. 2003). Cited in Department of Transp. v. Doss, 238 Ga. 480, 233 S.E.2d 144 (1977); Georgia Power Co. v. Collum, 176 Ga. App. 61, 334 S.E.2d 922 (1985); Murray v. Ga. DOT, 284 Ga. App. 263, 644 S.E.2d 290 (2007).

OPINIONS OF THE ATTORNEY GENERAL Scope of municipal regulation of state highway system. - Municipality may not, by ordinance, seek to regulate streets which are a part of the state highway system, except when the municipality is placing parking meters on or adjacent to a road which is a part of the system, and has been first authorized by the de-

partment to place such parking meters; or the municipality may also erect or maintain a traffic-control device on a road which is a part of the system, if written approval has first been obtained from the department. 1974 Op. Att’y Gen. No. U74-94. Contract for improvement of

county road located in municipality. - County may, by contract, obtain the cooperation of a municipality in the right-of-way acquisition for, and construction and maintenance of, a county road located within the municipality, but the county cannot require this of a municipality absent an appropriate contract. 1986 Op. Att’y Gen. No. U86-27. Truck routes. - By establishing truck routes, a city may effectively regulate the amount of weight which may be carried on designated streets on the municipal street system. 1982 Op. Att’y Gen. No. 82-20.

Any city or county ordinances purporting to regulate vehicular weights must not exceed maximum weights permitted by O.C.G.A. § 32-6-26. 1982 Op. Att’y Gen. No. 82-20. Use of cameras to enforce traffic laws. - Municipalities are not prohibited by Georgia’s Constitution or laws from enacting ordinances regarding enforcement of traffic control devices by the use of cameras. 2000 Op. Att’y Gen. No. U2000-7.

RESEARCH REFERENCES C.J.S. - 40 C.J.S., Highways, § 263 et seq. ALR. - Validity of restrictions as to points at which jitney bus passengers may be taken on and discharged, 6 A.L.R. 110. Validity of statute or ordinance giving right of way in streets or highways to certain classes of vehicles, 38 A.L.R. 24. Constitutionality of statute or ordinance denying right of property owners to defeat a proposed street improvement by protest, 52 A.L.R. 883. Liability of municipal corporations and their licensees for the torts of independent contractors, 52 A.L.R. 1012. Duty as regards barriers for protection of automobile travel, 86 A.L.R. 1389; 173 A.L.R. 626.

Personal liability of highway officers for damage to or trespass upon land in connection with construction or maintenance of highway, 90 A.L.R. 1481. Validity, construction, and application of municipal ordinances relating to loading or unloading passengers by interurban busses on streets, 144 A.L.R. 1119. Municipal power as to billboards and outdoor advertising, 58 A.L.R.2d 1314. Municipality’s power to permit private owner to construct building or structure overhanging or crossing the air space above public street or sidewalk, 76 A.L.R.2d 896. Liability of private landowner for vegetation obscuring view at highway or street intersection, 69 A.L.R.4th 1092.