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2018 Georgia Code 40-6-372 | Car Wreck Lawyer

TITLE 40 MOTOR VEHICLES AND TRAFFIC

Section 6. Uniform Rules of the Road, 40-6-1 through 40-6-397.

ARTICLE 14 EFFECT OF CHAPTER ON POWERS OF LOCAL AUTHORITIES

40-6-372. Adoption of chapter by local authorities.

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.

(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.)

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 and40-6-374) 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.

Cases Citing Georgia Code 40-6-372 From Courtlistener.com

Total Results: 1

City of Atlanta v. City of College Park

Court: Supreme Court of Georgia | Date Filed: 2013-03-28

Citation: 292 Ga. 741, 741 S.E.2d 147, 2013 Fulton County D. Rep. 1338, 2013 Ga. LEXIS 316

Snippet: § 48-8-111 (a) (1) (D). See, e.g., OCGA §§ 40-6-372 (authorizing “local authorities,” such as municipalities