O.C.G.A.

O.C.G.A. § 40-6-372 (2019)

Adoption of chapter by local authorities

✓ 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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Local authorities by ordinance may adopt by reference any or all provisions of this chapter or of Code Section 40-1-1 without publishing or posting in full the provisions thereof.

History

(Ga. L. 1955, p. 736, § 1; Ga. L. 1973, p. 98, § 1; Code 1933, § 68A-1503, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1975, p. 1582, § 4; Ga. L. 1984, p. 22, § 40; Ga. L. 1990, p. 2048, § 5.)

Annotations

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 68-1680,

are included in the annotations for this Code section. Constitutionality. - Ga. L. 1955, p.

566, which based its application upon population, was constitutional. Gordon v. Green, 228 Ga. 505, 186 S.E.2d 719 (1972) (decided under former Code 1933, § 68-1680). Municipal authorities may localize state provisions. - Ga. L. 1974, p. 633, § 1 (see now O.C.G.A. §§ 40-6-372 and 40-6-374) were laws of general application and these laws constituted ‘‘express legislative authority,’’ which conferred the power upon local authorities to adopt any or all provisions of former Code 1933, Ch. 68A and make those provisions local ordinance violations. Akin v. Hardison, 245 Ga. 57, 262 S.E.2d 814 (1980). Punishing state offenses as municipal violators. - Power of a municipality

to punish as a municipal offense that which is by general law of the state also a state offense must be conferred by a general rather than a special act of the legislature, and the grant of this power must be clearly expressed. The mere authority granted in a municipal charter to enact ordinances for the general welfare is not a sufficient delegation of this authority. Furthermore, the act which the municipality seeks to punish as a municipal offense must be such as affects the peace and good order of the municipality and contain some characterizing ingredient not contained in the state offense. Gordon v. Green, 228 Ga. 505, 186 S.E.2d 719 (1972) (decided under former Code 1933, § 68-1680).

RESEARCH REFERENCES ALR. - Conflict between statutes and local regulations as to automobiles, 21

A.L.R. 1186; 64 A.L.R. 993; 147 A.L.R. 522.

Notes of Decisions

Cited in 3 cases, 1986–2013 · leading case: City of Atlanta v. City of Coll. Park, 741 S.E.2d 147 (Ga. 2013).

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City of Atlanta v. City of Coll. Park, 741 S.E.2d 147 (Ga. 2013). · cites it 2× “, OCGA §§ 40-6-372 (authorizing “local authorities,” such as municipalities, to adopt Uniform Rules of the Road); 40-5-53 (b) (referring to counties as a “local authority for purposes of enforcing traffic offenses under state law); 40-6-374 (equating “local authorities” with…”

City of Atlanta v. City of Coll. Park, 715 S.E.2d 158 (Ga. Ct. App. 2011). · cites it 2× “); OCGA §§ 40-5-53 (b) (requiring every court in each county of this state that has jurisdiction over traffic offenses under state law “or any other law of this state or ordinance adopted by a local authority” to forward to the Department of Driver Services any suspended…”

State v. Whitlock, 346 S.E.2d 896 (Ga. Ct. App. 1986). · cites it 2× “Prior to arraignment Whitlock filed her motion in autrefois convict and a hearing was held during which it was shown that the City of Toccoa had adopted the Uniform Rules of the Road pursuant to OCGA §§ 40-6-372 and 40-6-391 (4) (d) (1), incorporating those statutes as…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.