Prosecution Upon Citation or Accusation; Service; Arrest

  1. Law
  2. Georgia Code
  3. Courts
  4. Magistrate Courts
  5. Violation of Ordinances of Counties and State Authorities
  6. Prosecution Upon Citation or Accusation; Service; Arrest

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  1. Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state authorities shall be upon citation as provided in Code Section 15-10-63 or upon accusation by such attorney as the state authority may designate. Such attorney shall be the prosecuting attorney in cases tried upon accusation.
  2. Except as provided in subsection (c) of this Code section, citations for or accusations of violations of ordinances shall be personally served upon the person accused. Each accusation or citation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct and except that ordinances of state authorities may provide for immediate arrest; provided, however, that the accused may be arrested prior to the time of trial for the violation of a county ordinance relating to loitering; and provided, further, that except as provided in subsection (c) of this Code section, any accused who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for his or her future appearance.
    1. When provided by local law, a citation for or accusation of a violation of an ordinance concerning the condition of real property may be served by:
      1. Posting a copy of it on the door of the premises where the alleged violation occurred;
      2. Mailing a copy of it by registered or certified mail or statutory overnight delivery to the owner of such premises at the address of record maintained by the applicable tax commissioner. The certificate of mailing to the accused shall constitute prima-facie evidence of compliance with this subparagraph; and
      3. Filing a copy of it with the clerk of magistrate court.
    2. Service under paragraph (1) of this subsection shall not be authorized until there has been at least one attempt at personal service on the accused at the address of record of the accused as maintained by the applicable tax commissioner or of the accused's registered agent as maintained by the Secretary of State, provided that such attempt at personal service shall only be required if the accused resides or has a registered agent in this state.
    3. When service is perfected as provided in paragraph (1) of this subsection and the accused fails to appear for trial, an in rem judgment and lien against the real property shall be the exclusive penalty.

(Code 1981, §15-10-62, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 8; Ga. L. 1985, p. 149, § 15; Ga. L. 1987, p. 448, § 2; Ga. L. 1994, p. 292, § 1; Ga. L. 2016, p. 755, § 1/HB 1025.)

Law reviews.

- For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 95 (1994).

JUDICIAL DECISIONS

Cited in Westbrook v. Zant, 575 F. Supp. 186 (M.D. Ga. 1983).


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