Definitions

As used in this chapter, the term: (1) “Badge” means any official badge used in the past or present by members of municipal, county, or volunteer fire departments. (2) “Department” means any municipal, county, or volunteer fire department. (3) “Director of public safety” means the director of public safety for any municipal, county, or volunteer fire department. (4) “Emblem” means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees. (5) “Fire chief” means the fire chief for any municipal, county, or volunteer fire department. (6) “Fire department” means any fire department which is authorized to exercise the general and emergency powers enumerated in Code Sections 25-3-1 and 25-3-2. Such term also means any department, agency, organization, or company operating in this state with the intent and purpose of carrying out the duties, functions, powers, and responsibilities normally associated with a fire department. These duties, functions, powers, and responsibilities include but are not limited to the protection of life and property against fire, explosions, or other hazards. (7) “Local governing body” means, for a county, a county governing authority as defined in Code Section 1-3-3; for a municipal corporation, the governing authority of a municipal corporation as set forth in the municipal corporation’s charter; or, for a volunteer fire department, the board of directors or other governing body of such department by whatever name called. (8) “Person” means any person, corporation, organization, or political subdivision of this state. (9) “Volunteer fire department” means a fire department which has been issued a certificate of compliance pursuant to Article 2 of Chapter 3 of this title and which consists of uncompensated or part-time firefighters. (10) “Willful violator” means any person who knowingly violates the provisions of this chapter. Any person who violates this chapter after being advised in writing by the fire chief, the director of public safety, or the local governing authority that such person’s activity is in violation of this chapter shall be considered a willful violator and shall be considered in willful violation of this chapter. Any person 211 25-13-5 whose agent or representative is a willful violator and who has knowledge of the violation by the agent or representative shall also be considered a willful violator and shall be considered in willful violation of this chapter, unless, upon learning of the violation, he or she immediately terminates the agency or other relationship with such violator. History. Code 1981, § 25-13-3, enacted by Ga. L. 1996, p. 772, § 1. 25-13-4. Prohibition against use of nomenclature pertaining to particular fire department in connection with solicitation, advertisement, publication, or production. Any person who uses words pertaining to a particular municipal, county, or volunteer fire department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter. History. Code 1981, § 25-13-4, enacted by Ga. L. 1996, p. 772, § 1. 25-13-5. Prohibition against use of symbols pertaining to particular fire department in connection with solicitation, advertisement, publication, or production. Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to convey the impression that such solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production is approved, endorsed, or authorized by or associated with the department without written permission from the local governing authority shall be in violation of this chapter. 212 25-13-8 History. Code 1981, § 25-13-5, enacted by Ga. L. 1996, p. 772, § 1. 25-13-6. Procedure for obtaining permission to use nomenclature or symbols; discretion of local governing body. Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the fire chief or director of public safety. Within 15 calendar days after receipt of the request, the fire chief or director of public safety shall send a notice with his or her recommendation to the local governing body stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the fire chief or director of public safety, the local governing body shall send a notice to the requesting party of their decision on whether or not the person may use the requested nomenclature or symbol. If the local governing body does not respond within the 30 day time period, then the request is presumed to have been denied. The grant of permission under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the local governing body under such conditions as the local governing body may impose. History. Code 1981, § 25-13-6, enacted by Ga. L. 1996, p. 772, § 1.