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Official Code of Georgia Annotated

Title 41. NUISANCES · Chapter 2. ABATEMENT OF NUISANCES GENERALLY

41-2-2. Filing of complaint to abate public nuisance; impeding travel of public service personnel.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. (a)

    Private citizens may not generally interfere to have a public nuisance abated. A complaint must be filed by the district attorney, solicitor-general, city attorney, or county attorney on behalf of the public. However, a public nuisance may be abated upon filing of a complaint by any private citizen specially injured.#

  2. (b)
    1. (1)

      This subsection shall apply to any event hosted by a promoter or organizer that is not properly permitted by the appropriate local governing authority that results in a public nuisance that impedes travel by police, fire service, emergency medical services personnel, other public safety personnel, or employees or officials of local, state, or federal governments acting in their official capacities.#

    2. (2)

      Where a district attorney, solicitor-general, city attorney, or county attorney on behalf of the public files a complaint pursuant to subsection (a) of this Code section and the complaint includes a statement that the conditions set forth in paragraph (1) of this subsection have been satisfied, he or she may seek in such complaint and recover on behalf of the public from a promoter or organizer of the unpermitted event reimbursement of all expenses incurred by a local governing authority associated with public safety, including, but not limited to, costs and fees for the provision of traffic control, supplemental law enforcement, fire suppression services, emergency medical technician or paramedic services, and sanitation services.#

Reading note: a word broken across two lines in the printed volume was joined by rule and could not be checked against the volume's own vocabulary. The official page linked below settles any doubt.

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Orig. Code 1863, § 3999; Code 1868, § 4027; Code 1873, § 4098; Code 1882, § 4098; Civil Code 1895, §§ 4761, 4766; Civil Code 1910, §§ 5330, 5338; Code 1933, § 72-202; Ga. L. 1980, p. 620, § 2; Ga. L. 1999, p. 467, § 1; Ga. L. 2024, p. 13, § 1/SB 443, effective April 8, 2024.

Amendments

The 2024 amendment, effective April 8, 2024, designated the existing provisions of this Code section as subsection (a) and added subsection (b).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t41-42-(v29a)-pdf.pdf, Volume V29A, 2023 edition, 2025 supplement, pages 6 to 7; merge action: replaced; file SHA-256 facd9e601746.

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