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2018 Georgia Code 40-6-374 | 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

40-6-374. Form of adopting ordinance.

Local authorities shall use the following wording or similar wording in adopting by reference the provisions of this chapter or the definitions contained in Code Section 40-1-1: (Municipality or County) of ______________ Ordinance ______________ number An ordinance adopting the Georgia Uniform Rules of the Road, Code Sections [ ________ to ________ (except for Code Sections __________ )] of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, to regulate traffic upon the public streets of the (Municipality or County) of ________ and repealing ordinance number ________ and all other ordinances and sections of ordinances in conflict herewith. It is ordained by ________ as follows: Section 1. Adoption by reference. Pursuant to Chapter 6 of Title 40 of the Official Code of Georgia Annotated, Code Sections 40-6-372 through 40-6-376, Code Sections [ ________ to ________ (except for Code Sections ______________ )] of that chapter known as the Uniform Rules of the Road and the definitions contained in Code Section 40-1-1 are hereby adopted as and for the traffic regulations of this (Municipality or County) with like effect as if recited herein. Section 2. Penalties. Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this ordinance shall be punished by a fine of not more than ________ dollars or by imprisonment for not more than ________ days or by both such fine and imprisonment. Section 3. Repeal. The (existing ordinances covering the same matters as embraced in this ordinance) are hereby repealed and all ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed. Section 4. Effective date. This ordinance shall take effect from and after the ________ day of ______________, ________.

(Code 1933, § 68A-1505, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1983, p. 3, § 29; Ga. L. 1984, p. 22, § 40; Ga. L. 1990, p. 2048, § 5; Ga. L. 1999, p. 81, § 40.)

JUDICIAL DECISIONS

Municipal localization of 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).

Cases Citing Georgia Code 40-6-374 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: of enforcing traffic offenses under state law); 40-6-374 (equating “local authorities” with municipalities