Hunting Operations Not Nuisances Under Certain Conditions

  1. Law
  2. Georgia Code
  3. Nuisances
  4. General Provisions
  5. Hunting Operations Not Nuisances Under Certain Conditions

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  1. As used in this Code section, the term "hunting operation" means an operation including any of the following:
    1. Lands, including the buildings and improvements thereon, which are used or which are intended for use as a hunting club, hunting preserve, or shooting preserve;
    2. Lands, including the buildings and improvements thereon, which are used or which are intended for use as a kennel, training facility, or field trial facility for the breeding, showing, raising or training of hunting and sporting dogs; or
    3. Clubs, associations, partnerships, sole proprietorships, corporations and other business and social entities whose activities or holdings include the lands and uses described in paragraphs (1) and (2) of this subsection.
  2. No hunting operation shall be or shall become a nuisance, either public or private, solely as a result of changed conditions in or around the locality of such hunting operation if the hunting operation has been in operation for at least one year since the date on which it commenced activity as a hunting operation. Subsequent physical expansion of the hunting operation shall not establish a new date of commencement of activity for purposes of this Code section.
  3. No hunting operation shall be subject to any action for civil or criminal liability, damages, abatement, or injunctive relief resulting from or relating to lawful hunting activities generated by the hunting operation if the hunting operation remains in compliance with Title 27 and the rules and regulations adopted by the Board of Natural Resources pursuant to Title 27.
  4. This Code section shall not apply to hunting operations which are conducted in violation of any provision of Title 27 or the rules and regulations adopted by the Board of Natural Resources pursuant to Title 27.

(Code 1981, §42-1-10, enacted by Ga. L. 2010, p. 952, § 11/SB 474.)

Editor's notes.

- This Code section formerly pertained to signs for privately owned businesses. The former Code section was based on Code 1981, § 41-1-10, enacted by Ga. L. 2001, p. 1196, § 5.1 and was repealed by Ga. L. 2002, p. 415, § 41, effective April 18, 2002.

CHAPTER 2 ABATEMENT OF NUISANCES GENERALLY

Sec.

  • 41-2-1. Authorization and procedure for abatement of nuisances generally.
  • 41-2-2. Filing of complaint to abate public nuisance.
  • 41-2-3. Filing of petition to abate private nuisance.
  • 41-2-4. Issuance of injunction where nuisance about to be erected or commenced likely to result in irreparable damage.
  • 41-2-5. Authorization and procedure for abatement of nuisances in cities and unincorporated areas of counties.
  • 41-2-6. Notice of meeting to determine question of abatement [Repealed].
  • 41-2-7. Power of counties and municipalities to repair, close, or demolish unfit buildings or structures; health hazards on private property; properties affected.
  • 41-2-8. Definitions for use in Code Sections 41-2-7 through 41-2-17.
  • 41-2-9. County or municipal ordinances relating to unfit buildings or structures.
  • 41-2-10. Determination by public officer that dwelling, building, or structure is unfit or vacant, dilapidated, and being used in connection with the commission of drug crimes.
  • 41-2-11. Powers of public officers in regard to unfit buildings or structures.
  • 41-2-12. Service of complaints or orders upon parties in interest and owners of unfit buildings or structures.
  • 41-2-13. Injunctions against order to repair, close, or demolish unfit buildings or structures.
  • 41-2-14. Taking of unfit buildings or structures by eminent domain; police power.
  • 41-2-15. Authority to use revenues, grants, and donations to repair, close, or demolish unfit buildings or structures.
  • 41-2-16. Construction of Code Sections 41-2-7 through 41-2-17 with county or municipal local enabling Act, charter, and other laws, ordinances, and regulations.
  • 41-2-17. Prior ordinances relating to repair, closing, or demolition of unfit buildings or structures.
Cross references.

- Abatement of nuisances relating to manufacture, sale, and other activities concerning of distilled spirits in dry counties and municipalities, § 3-10-8.

Institution of action for injunction, mandamus, to prevent, correct, or abate violation or threatened violation of county building, electrical, and other codes, § 36-13-10.

JUDICIAL DECISIONS

This chapter furnishes a summary remedy for the abatement of nuisances, public or private, and such remedy should be resorted to unless the facts make it inadequate. Powell v. Foster, 59 Ga. 790 (1877); Broomhead v. Grant, 83 Ga. 451, 10 S.E. 116 (1889); Hendricks v. Jackson, 143 Ga. 106, 84 S.E. 440 (1915); Simmons v. Lindsay, 144 Ga. 845, 88 S.E. 199 (1916).

Procedure provided for in this chapter is the proper remedy when the sole relief sought by the plaintiff is the removal of obstructions in a public alley or street placed there by the defendant. Barnes v. Cheek, 84 Ga. App. 653, 67 S.E.2d 145 (1951).

Necessity of actual existence of nuisance.

- This chapter was not intended to afford a remedy against that which is not an actually existing nuisance, as distinguished from that which may or probably will become such. The statutory language seems to admit of no other construction. Fairview Cem. Co. v. Wood, 36 Ga. App. 709, 138 S.E. 88 (1927).

Cited in Haney v. Sheppard, 207 Ga. 158, 60 S.E.2d 453 (1950); Atkinson v. Drake, 212 Ga. 558, 93 S.E.2d 702 (1956); Speight v. Slaton, 415 U.S. 333, 94 S. Ct. 1098, 39 L. Ed. 2d 367 (1974); 660 Lindbergh, Inc. v. City of Atlanta, 492 F. Supp. 511 (N.D. Ga. 1980).

RESEARCH REFERENCES

ALR.

- When statute of limitations begins to run as to cause of action for nuisance based on air pollution, 19 A.L.R.4th 456.


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