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Displays of Nudity or Sexual Conduct on Outdoor Advertising Visible From Roadway Prohibited; Penalty

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As used in this Code section, the term:
1. "Nudity" means the displaying of any portion of the human female breast below the top of the areola or the displaying of any portion of any human's pubic hair, anus, vulva, or genitals.
2. "Outdoor advertising" means any commercial advertisement displayed outdoors by means of billboards or signs.
3. "Sexual conduct" means acts of sexual intercourse, masturbation, sodomy, or fondling of a human's clothed or unclothed genitals, pubic area, buttocks, or, if the human is female, breast.
The General Assembly finds and declares that outdoor advertising containing depictions of nudity or sexual conduct which are visible from the roadways of public roads may be startling or provocative and thereby divert the attention of motor vehicle drivers, thus causing real and substantial hazards to traffic safety. The General Assembly further declares that the purpose of this Code section is to protect the public welfare and safety against such hazards.
No person shall display any outdoor advertising containing any depiction of nudity or sexual conduct when such depiction is visible from the roadway of any public road in the state highway system as defined in Code Section 32-4-1.
1. Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000.00.
2. Each day during which outdoor advertising is displayed in violation of subsection (c) of this Code section shall constitute a separate offense.

(Code 1981, §32-6-52, enacted by Ga. L. 2006, p. 691, § 2/HB 1097.)

Editor's notes.

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

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Those charged with offenses under O.C.G.A. § 32-6-52 are to be fingerprinted. 2007 Op. Att'y Gen. No. 2007-1.

PART 2 STATE HIGHWAY SYSTEM

Cross references.

- Control and regulation of outdoor advertising in relation to federal highways, Ga. Const. 1983, Art. III, Sec. VI, Para. II.

Law reviews.

- For comment, "The Federal Highway Beautification Act After Metromedia," see 35 Emory L.J. 419 (1986).

Administrative Rules and Regulations.

- Granting, renewal, and revocation of permits for outdoor advertising, Official Compilation of the Rules and Regulations of the State of Georgia, State Department of Transportation, Chapter 672-6.

Granting, renewal, and revocation of vegetation management permits for outdoor advertising, Official Compilation of the Rules and Regulations of the State of Georgia, State Department of Transportation, Chapter 672-14.

JUDICIAL DECISIONS

O.C.G.A. Pt. 2, Ch. 6, T. 32 does not violate the right of freedom of expression by restricting outdoor advertising in areas adjacent to the rights-of-way of interstate and primary systems of highways in this state. Department of Transp. v. Shiflett, 251 Ga. 873, 310 S.E.2d 509 (1984).

O.C.G.A. Pt. 2, Ch. 6, T. 32 is a proper exercise of the police powers, as the statute provides for compensation for property rights in signs which were lawfully in existence on the statute's effective date. Department of Transp. v. Shiflett, 251 Ga. 873, 310 S.E.2d 509 (1984).

OPINIONS OF THE ATTORNEY GENERAL

Issuance and renewal of permits for outdoor advertising devices.

- Department of Transportation may issue permits for outdoor advertising devices, and renew such permits, within districts zoned "Forest-Agricultural" in Glynn County if the activities permitted in the district without further action of the zoning authority are commonly and generally recognized as commercial by the department in the department's uniform application of the law. 1975 Op. Att'y Gen. No. 75-24.

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