Fireworks Manufactured, Sold, or Stored in Violation of Chapter Declared Contraband; Seizure and Disposition Thereof; Forfeiture

  1. Law
  2. Georgia Code
  3. Fire Protection and Safety
  4. Regulation of Fireworks
  5. Fireworks Manufactured, Sold, or Stored in Violation of Chapter Declared Contraband; Seizure and Disposition Thereof; Forfeiture

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  1. The state fire marshal shall enforce the provisions of this chapter; provided, however, that, in addition, any law enforcement officer or agency of this state or political subdivision thereof may enforce provisions relating to using or igniting or causing to be ignited consumer fireworks. Applicable fire departments of a county, municipality, or other political subdivision or a chartered fire department shall refer cases for enforcement under subsection (c) of Code Section 25-10-5.1 to the state fire marshal. All fireworks or consumer fireworks manufactured, offered for sale, exposed for sale, or stored in violation of this chapter are declared to be contraband and may be seized, taken, and removed, or caused to be removed and destroyed or disposed of at the expense of the owner thereof by the state fire marshal, the Georgia State Patrol, or any sheriff or local police official.
  2. Any property declared as contraband pursuant to this Code section shall be forfeited in accordance with the procedures set forth in Chapter 16 of Title 9.

(Ga. L. 1955, p. 550, § 6; Ga. L. 1962, p. 11, § 5; Ga. L. 2015, p. 274, § 5/HB 110; Ga. L. 2016, p. 64, § 10/HB 727.)

The 2015 amendment, effective July 1, 2015, added the present first and second sentences in this Code section.

The 2016 amendment, effective April 26, 2016, designated the existing provisions as subsection (a), and, in subsection (a), added the proviso at the end of the first sentence, in the third sentence, inserted "or consumer fireworks" near the beginning and inserted "or disposed of" in the middle; and added subsection (b).

Law reviews.

- For article on the 2016 amendment of this Code section, see 33 Georgia St. U.L. Rev. 55 (2016).

OPINIONS OF THE ATTORNEY GENERAL

Enforcement of fireworks regulations by Georgia State Patrol.

- Georgia State Patrol may seize fireworks which they find, declare them contraband, and destroy them even though found off the highways of this state, but any arrest made off the highways would have to be accomplished by the local authorities; however, any violation of the terms of Ga. L. 1955, p. 550 (see now O.C.G.A. Title 25, Chapter 10) observed on the highways may give rise to proper arrest by the members of the state patrol. 1962 Op. Att'y Gen. p. 431.

RESEARCH REFERENCES

ALR.

- Lawfulness of seizure of property used in violation of law as prerequisite to forfeiture action or proceeding, 8 A.L.R.3d 473.


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