O.C.G.A.

O.C.G.A. § 36-60-24 (2019)

Sale or use or ignition of consumer fireworks products

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) The governing authority of a county or municipal corporation shall not prohibit the sale or use or ignition of consumer fireworks or other products or services which are lawful under Chapter 10 of Title 25, unless such prohibition is expressly authorized by general law.

(b) If the sale of a product or service is regulated by Chapter 10 of Title 25, the governing authority of a county or municipal corporation shall not enact additional regulation of the sale or use or ignition of such product or service, unless such additional regulation is expressly authorized by general law.

(c) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may provide for permits or licenses for the sale or use of consumer fireworks as provided for under subsection (c) of Code Section 25-10-5.1.

(d) Notwithstanding subsections (a) and (b) of this Code section, the governing authority of a county or municipal corporation may further regulate the sale of consumer fireworks from temporary consumer fireworks retail sales stands until January 31, 2018.

(e) The governing authority of a county or municipal corporation shall not unreasonably delay or deny an application for a temporary consumer fireworks retail sales stand.

(f ) For purposes of this subsection, the terms ‘‘consumer fireworks’’ and ‘‘consumer fireworks retail sales stand’’ shall have the same meanings as provided in Code Section 25-10-1.

(g) Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void.

History

Code 1981, § 36-60-24, enacted by Ga. L. 2006, p. 544, § 1/HB 304; Ga. L. 2015, p. 274, § 8/HB 110; Ga. L. 2016, p. 64, § 13/HB 727.

Annotations

Law reviews. - For article on the 2016 amendment of this Code section, see 33 Georgia St. U. L. Rev. 55 (2016).