TITLE 36 LOCAL GOVERNMENT

Chapter 60 information not found

ARTICLE 2 CLERKS OF GOVERNING AUTHORITIES OF MUNICIPALITIES

36-60-24. Sale or use or ignition of consumer fireworks products.

1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. Any ordinance enacted before, on, or after July 1, 2006, by a county or municipal corporation in violation of this Code section is void.

(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.)

The 2015 amendment, effective July 1, 2015, in subsection (a), substituted "or use or explosion of consumer fireworks or products or services which" for "of products or services which products or services" in the middle and substituted "general law" for "the general law of the state" at the end; in subsection (b), substituted "Chapter 10 of Title 25" for "subsection (b) of Code Section 25-10-1" near the beginning and inserted "or use or explosion" near the middle; added subsections (c) through (f); and redesignated former subsection (c) as present subsection (g).

The 2016 amendment, effective April 26, 2016, in subsection (a), inserted "other" in the middle, and substituted "Chapter 10 of Title 25" for "subsection (b) of Code Section 25-10-1"; substituted "ignition" for "explosion" in subsections (a) and (b); in subsections (d) and (e), inserted "or municipal corporation"; and added "until January 31, 2018" at the end of subsection (d).