Prohibited Placements of Posters, Signs, and Advertisements

1. Law
2. Georgia Code
3. Crimes and Offenses
4. Damage to and Intrusion Upon Property
5. Criminal Trespass and Damage to Property
6. Placement of Posters, Signs, and Advertisements
7. Prohibited Placements of Posters, Signs, and Advertisements

1. It shall be unlawful for any person to place posters, signs, or advertisements:
   1. On any public property or building, unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; provided, however, that signs within the rights of way of public roads shall be governed by Code Section 32-6-51;
   2. On any private property unless the owner thereof or the occupier as authorized by such owner has given permission to place such posters, signs, or advertisements on such property; and, provided, further that no municipal, county, or consolidated government may restrict by regulation or other means the length of time a political campaign sign may be displayed or the number of signs which may be displayed on private property for which permission has been granted; or
   3. On any property zoned for commercial or industrial uses if the placement of such posters, signs, or advertisements conflicts with any zoning laws or ordinances.
2. Any poster, sign, or advertisement placed in violation of paragraph (1) of subsection (a) of this Code section is declared to be a public nuisance, and the officials having jurisdiction of the public property or building, including without limitation law enforcement officers, may remove or direct the removal of the same.
3. Each poster, sign, or advertisement placed in violation of this Code section shall constitute a separate offense.
4. Any person who violates this Code section shall be punished the same as for littering under Code Section 16-7-43.

(Ga. L. 1971, p. 624, §§ 1, 3; Code 1981, §21-1-1; Ga. L. 1983, p. 471, § 1; Code 1981, §21-2-3; as redesignated by Ga. L. 2001, Ex. Sess., p. 335, § 4; Ga. L. 2006, p. 691, § 1/HB 1097; Code 1981, §16-7-58, as redesignated by Ga. L. 2006, p. 275, § 2-3/HB 1320.)

Cross references.

- Restrictions on campaign activities within vicinity of polling place, §§ 21-2-413,21-2-414.

Unlawful placement of signs within right of way of public road generally, § 32-6-51.

Editor's notes.

- Ga. L. 2001, Ex. Sess., p. 335, § 4, effective October 1, 2001, redesignated former Code Section 21-2-3 as present Code Section 21-1-1 and redesignated former Code Section 21-1-1 as present Code Section 21-2-3. Subsequently, Ga. L. 2006, p. 275, § 2-3, redesignated Code Section 21-2-3 as present Code Section 16-7-58. Ga. L. 2006, p. 275, § 4-1, reserved the designation of Code Section 21-2-3.

Ga. L. 2006, p. 275, § 1-1/HB 1320, not codified by the General Assembly, provides that: "This Act shall be known and may be cited as the 'Comprehensive Litter Prevention and Abatement Act of 2006."'

Ga. L. 2006, p. 275, § 5-1/HB 1320, not codified by the General Assembly, provides that the Act shall become effective April 21, 2006, for purposes of adopting local ordinances to become effective on or after July 1, 2006.

Ga. L. 2006, p. 691, § 7/HB 1097, not codified by the General Assembly, provides for severability.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 34-2301 are included in the annotations for this Code section.

"One man, one vote" requirement.

- Within the states, legislatures may not draw the lines of congressional districts in such a way as to give some voters a greater voice in choosing a congressman than others. Wesberry v. Sanders, 376 U.S. 1, 84 S. Ct. 526, 11 L. Ed. 2d 481 (1964) (decided under former Code 1933, § 34-2301).

RESEARCH REFERENCES

Am. Jur. 2d.

- 26 Am. Jur. 2d, Elections, §§ 8, 37.

C.J.S.

- 29 C.J.S., Elections, § 81 et seq.

ARTICLE 3 ARSON AND EXPLOSIVES

Cross references.

- Investigation of cases of suspected arson, § 25-2-27 et seq.

Payment of sheriffs and other peace officers for assistance in arson or other cases, § 25-2-35.

RESEARCH REFERENCES

Failure to Prevent Outbreak and Spread of Fire, 23 POF2d 461.

Paint or Lacquer Vapor Explosions, 30 POF2d 575.

Arson Defense to Coverage Under Property Insurance, 34 POF3d 291.

Preparation and Trial of Arson Case, 19 Am. Jur. Trials 685.

Handling Fire Claims Out of Court, 57 Am. Jur. Trials 155.

ALR.

- Death resulting from arson as within contemplation of statute which makes homicide in perpetration of felony murder in first degree, 87 A.L.R. 414.

What felonies are inherently or foreseeably dangerous to human life for purposes of felony-murder doctrine, 50 A.L.R.3d 397.

What constitutes "burning" to justify charge of arson, 28 A.L.R.4th 482.

Pyromania and the criminal law, 51 A.L.R.4th 1243.

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