---
title: SB 166. Counties; ordinances for governing and policing unincorporated areas of counties; revise provisions
collection: bills
id: 2025-2026/sb166
cite_as: SB 166, 2025-2026 Regular Session (Ga.)
canonical_url: https://georgiacommons.org/bills/2025-2026/sb166
md_url: https://georgiacommons.org/bills/2025-2026/sb166.md
text_url: https://georgiacommons.org/bills/2025-2026/sb166/text
source_url: https://www.legis.ga.gov/legislation/70303
date: 2026-02-09
status: introduced
corpus_version: bills-2026-09-13
license: Public record of the Georgia General Assembly, via LegiScan; see about.md
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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omitted: votes and history
omitted_chars: 266
omitted_url: https://georgiacommons.org/bills/2025-2026/sb166.md?full=1
bill_number: SB 166
session: 2025-2026 Regular Session
session_slug: 2025-2026
chamber: Senate
bill_type: bill
status_date: 2025-02-12
last_action: Senate Read Second Time
sponsors:
  - Nikki Merritt
  - RaShaun Kemp
  - Sonya Halpern
  - Harold Jones
  - Kenya Wicks
  - Nabilah Islam Parkes
  - Michael Rhett
  - Kim Jackson
  - Donzella James
  - Elena Parent
  - Sally Harrell
  - Nan Orrock
  - Freddie Sims
  - Sheikh Rahman
  - Gail Davenport
text_version: Comm Sub
has_text: true
legiscan_url: https://legiscan.com/GA/bill/SB166/2025
upstream_id: 1968088
summaries_model: claude-sonnet-5
topic_tags:
  - local ordinances
  - code enforcement
  - rental property registration
  - county government
  - property fines
---

# SB 166. Counties; ordinances for governing and policing unincorporated areas of counties; revise provisions

## Text

The Senate Committee on Urban Affairs offered the following
substitute to SB 166:
A BILL TO BE ENTITLED
AN ACT
To amend Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia
Annotated, the "Fair Business Practices Act," so as to provide for a certain new violation; to
amend Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties only, so as to revise provisions relating to ordinances for
governing and policing unincorporated areas of counties; to amend Chapter 60 of Title 36
of the Official Code of Georgia Annotated, relating to provisions applicable to counties and
municipal corporations, so as to authorize enhanced monetary penalties for repeated
violations of certain county and municipal codes or ordinances; to provide for a definition;
to provide limitations on such penalties; to amend Chapter 74 of Title 36 of the Official Code
of Georgia Annotated, relating to local government code enforcement boards, so as to create
an exception to the prohibition against a local government requiring the registration of
certain residential rental property; to provide for related matters; to repeal conflicting laws;
and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION 1.
Part 2 of Article 15 of Chapter 1 of Title 10 of the Official Code of Georgia Annotated, the
"Fair Business Practices Act," is amended in Code Section 10-1-393, relating to unfair or
deceptive practices in consumer transactions unlawful and examples, by striking "and" at the
end of paragraph (36), by replacing the period at the end of paragraph (37) with "; and", and
by adding a new paragraph to subsection (b) to read as follows:
<ins>"(38) Failure to comply with the provisions of Code Section 34-74-30 regarding the
attempted avoidance of registration of certain residential property."
</ins> SECTION 2.
Chapter 1 of Title 36 of the Official Code of Georgia Annotated, relating to general
provisions applicable to counties only, is amended by revising Code Section 36-1-20, relating
to ordinances for governing and policing of unincorporated areas of county, as follows:
"36-1-20.
(a) The governing authority of each county, for the purpose of protecting and preserving
the public health, safety, and welfare, is authorized to adopt ordinances for the governing
and policing of the unincorporated areas of the county, violations of which ordinances may
be punished by fine or <del>imprisonment</del> <ins>confinement</ins> or both. Without limiting the generality
of the foregoing, such ordinances may provide for traffic regulation, including adoption of
the uniform rules of the road under Chapter 6 of Title 40, may provide for the regulation
and control of litter in the same manner as municipal ordinances under Code
Section 16-7-48, and may provide for the implementation and enforcement of any power
or duty vested in the county governing authority.
(b) Each such ordinance shall specify the maximum punishment which may be imposed
for a violation of the ordinance; and <ins>except as provided for in Code Section 36-60-33,</ins> in
no case shall the maximum punishment for the violation of any such ordinance exceed a
fine of $1,000.00 or <del>imprisonment</del> <ins>confinement</ins> for 60 days or both; provided, however,
that, for violation of a pretreatment standard or requirement adopted pursuant to the federal
Clean Water Act, the ordinance may specify that the fine may be up to $1,000.00 per day
for each violation by an industrial user.
(c) Jurisdiction over violations of such county ordinances shall be in the magistrate court
of the county; and procedure for enforcement of such ordinances shall be as provided in
Article 4 of Chapter 10 of Title 15; provided, however, <ins>that</ins> jurisdiction over ordinances
having to do with traffic offenses shall be in the court or courts having jurisdiction over
state traffic offenses.
(d) This Code section shall not affect the jurisdiction of or procedure in any other court
which has jurisdiction over violations of county ordinances."
SECTION 3.
Chapter 60 of Title 36 of the Official Code of Georgia Annotated, relating to provisions
applicable to counties and municipal corporations, is amended by adding a new Code section
to read as follows:
<ins>"36-60-33.
(a) As used in this Code section, the term 'county or municipal codes or ordinances' means
zoning ordinances and resolutions, ordinances and resolutions enacting subdivision
regulations, environmental ordinances and resolutions, state minimum standard codes
provided for in Code Section 8-2-25, ordinances and resolutions enacted pursuant to Code
Section 8-2-25, other ordinances and resolutions regulating the development of real
property, and ordinances and regulations providing for control of litter and debris, control
of junked or abandoned vehicles, and control of overgrown vegetation. Notwithstanding
the above, such term shall not include:
(1) Those codes and ordinances requiring a permit, unless the alleged violator has failed
to secure all necessary valid permits under said codes and ordinances; or
</ins>
<ins>(2) Any local amendments to the state minimum standard codes provided for in Code
Section 8-2-25 not adopted in conformity with the requirements of subsection (c) of such
Code section.
(b) Notwithstanding the provision of any local law, including municipal charters, to the
contrary, each county and municipality is authorized to provide for enhanced monetary
penalties for repeat and subsequent violations of any county or municipal codes or
ordinances in cases pertaining to public health and safety. Enhanced monetary penalties
authorized by this Code section shall not exceed:
(1) An amount of $3,000.00 for a second violation of a county or municipal code or
ordinance;
(2) An amount of $5,000.00 for a third violation of a county or municipal code or
ordinance;
(3) An amount of $10,000.00 for a fourth violation of a county or municipal code or
ordinance; and
(4) An amount of $15,000.00 for a fifth or subsequent violation of a county or municipal
code or ordinance.
(c) The enhanced monetary penalties authorized by this Code section shall not apply to:
(1) Any property that is subject to a homestead exemption granted pursuant to
Article VII, Section II, Paragraph II of the Constitution; or
(2) Any person owning less than ten single-family or duplex residential properties within
the geographic boundaries of the same county, whether incorporated or unincorporated,
as the property that is the subject of the code or ordinance enforcement action, regardless
of whether or not such additional properties are located within the jurisdiction bringing
the enforcement act."
</ins>
SECTION 4.
Chapter 74 of Title 36 of the Official Code of Georgia Annotated, relating to local
government code enforcement boards, is amended by revising subsection (b) and adding a
new subsection to Code Section 36-74-30, relating to other enforcement methods and
probable cause for investigation required, as follows:
"(b) No local government is authorized to perform investigations or inspections of
residential rental property unless there is probable cause to believe there is or has been a
violation or violations of applicable codes, and in no event may a local government require
the registration of residential rental property, <ins>unless the owner of such property owns ten
or more single-family or duplex residential properties within the geographic boundaries of
the same county, whether incorporated or unincorporated, as the jurisdiction requiring such
registration.</ins> Conditions which appear to be code violations which are in plain view may
form the basis for probable cause. If there is probable cause to believe that there is or has
been a violation or violations of applicable codes on such a property managed by a person
licensed pursuant to Chapter 40 of Title 43, upon request of a code enforcement officer, the
tenant of such property shall provide the name, license number, and contact information
for the property manger.
<ins>(c) Any residential property owner or representative of such owner who attempts to avoid
the required registration of some or all of his or her property through the use of multiple
limited liability company or corporate names shall have violated this Code section and such
violation shall be in violation of Code Section 10-1-393."
</ins> SECTION 5.
All laws and parts of laws in conflict with this Act are repealed.

## Summaries written by Georgia Commons

The following was written by claude-sonnet-5 from the text above and is not part of the bill. Quote the text, not the summary.

A Georgia Senate bill would let counties and cities impose steeper fines on repeat code violators, tweak county ordinance penalty language, and allow local governments to require rental registration for landlords who own ten or more rental properties in a county.

### Plain-language summary

Current Georgia law caps county ordinance penalties at a $1,000 fine or up to 60 days of imprisonment, and generally bars local governments from requiring registration of residential rental property. This bill changes both. It replaces the word 'imprisonment' with 'confinement' in the county ordinance statute (O.C.G.A. § 36-1-20) and creates a new section (O.C.G.A. § 36-60-33) letting counties and municipalities set higher fines, up to $15,000, for repeat violations of codes covering zoning, subdivision rules, litter, junked vehicles, and overgrown vegetation, though homesteaded properties and small landlords with fewer than ten properties are exempt.
The bill also amends the local code enforcement chapter (O.C.G.A. § 36-74-30) so a local government can require rental registration if the owner has ten or more single-family or duplex rentals in the same county. A new violation is added to the Fair Business Practices Act (O.C.G.A. § 10-1-393) targeting owners who use multiple LLCs or corporate names to dodge that registration requirement.

### What it does

- Replaces 'imprisonment' with 'confinement' as the penalty term in the law authorizing county ordinances for unincorporated areas.
- Creates a new escalating fine schedule for repeat violations of health and safety codes, from $3,000 for a second offense up to $15,000 for a fifth or later offense.
- Exempts homesteaded properties and owners with fewer than ten rental properties in a county from the enhanced repeat-violation fines.
- Allows local governments to require rental property registration if an owner has ten or more single-family or duplex rentals in that county, reversing the current general ban on such registration.
- Adds a new violation to the Fair Business Practices Act (O.C.G.A. § 10-1-393) for landlords who use multiple LLC or corporate names to dodge rental registration requirements.

### Who it affects

County and municipal governments that enforce codes and ordinances, owners of rental and other real property, particularly landlords with ten or more single-family or duplex rentals in a county, homeowners with a homestead exemption, and small landlords who fall below that ten-property threshold.

### Why it matters

Local governments would gain a tool to impose much larger fines, up to $15,000, on repeat code violators, and could start requiring larger-scale landlords to register their rental properties, while homeowners and small landlords stay shielded from the tougher penalties and registration rules.

### Key provisions

- Section 1 adds a new violation to the Fair Business Practices Act (O.C.G.A. § 10-1-393) for attempts to avoid rental property registration using multiple business names.
- Section 2 revises O.C.G.A. § 36-1-20, changing 'imprisonment' to 'confinement' and adding a cross-reference exception to the new enhanced penalty section.
- Section 3 creates O.C.G.A. § 36-60-33, defining covered 'county or municipal codes or ordinances' and setting fine tiers: $3,000 for a second violation, $5,000 for a third, $10,000 for a fourth, and $15,000 for a fifth or later violation.
- Section 3 also exempts homesteaded properties and owners of fewer than ten single-family or duplex properties in the same county from these enhanced fines.
- Section 4 amends O.C.G.A. § 36-74-30 to let local governments require rental registration for owners with ten or more single-family or duplex properties in the same county.
- Section 4 also adds a new subsection making attempted avoidance of registration through multiple LLC or corporate names a violation tied to the Fair Business Practices Act.
- Section 5 repeals conflicting laws.

## Status

- Status: Introduced (2025-02-12)
- Last action: Senate Read Second Time (2026-02-09)
- Sponsors: Nikki Merritt, RaShaun Kemp, Sonya Halpern, Harold Jones, Kenya Wicks, Nabilah Islam Parkes, Michael Rhett, Kim Jackson, Donzella James, Elena Parent, Sally Harrell, Nan Orrock, Freddie Sims, Sheikh Rahman, Gail Davenport
- Official page: https://www.legis.ga.gov/legislation/70303

> The history, votes, and amendments (266 characters) are at https://georgiacommons.org/bills/2025-2026/sb166.md?full=1