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2018 Georgia Code 32-6-97 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-6-97 Case Law from Google Scholar Amendments to OCGA 32-6-97

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 6. Regulation of Maintenance and Use of Public Roads Generally, 32-6-1 through 32-6-248.

ARTICLE 3 CONTROL OF SIGNS AND SIGNALS

32-6-97. Construction of part.

Nothing in this part shall be construed to abrogate or affect any lawful ordinance, regulation, or resolution which is more restrictive than this part.

(Ga. L. 1971, Ex. Sess., p. 5, § 20; Code 1933, § 95A-932, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

State law has not preempted police power authority of municipalities to regulate the location and maintenance of outdoor advertising signs within the municipalities' territorial jurisdictions. City of Doraville v. Turner Communications Corp., 236 Ga. 385, 223 S.E.2d 798 (1976).

Cited in Lamar Co., L.L.C. v. City of Marietta, 538 F. Supp. 2d 1366 (N.D. Ga. 2008).

OPINIONS OF THE ATTORNEY GENERAL

General statutes control over local ordinances.

- When issuing permits for outdoor advertising devices, the Department of Transportation must be guided by the law, notwithstanding the local zoning ordinances. 1975 Op. Att'y Gen. No. 75-24.

When permit may issue for advertising in forest-agricultural district.

- If, in the Department of Transportation's uniform application of the law, one or more of the following activities, that is, animal hospitals, golf courses, dredging, land fill, or the excavation of natural materials, boat marinas, bait houses, swimming beaches, and radio and television stations, are commonly or generally recognized as commercial, the department may issue permits for outdoor advertising devices in the forest-agricultural district. 1975 Op. Att'y Gen. No. 75-24.

RESEARCH REFERENCES

ALR.

- 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.

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