Definitions

As used in this chapter, the term: (1) ‘‘Badge’’ means any official badge used in the past or present by members of municipal or county police departments. (2) ‘‘Chief of police’’ means the chief of police for any municipal or county police department. (3) ‘‘Department’’ means any municipal or county police department. (4) ‘‘Director of public safety’’ means the director of public safety for any municipal or county police department. (5) ‘‘Emblem’’ means any official patch or other emblem worn currently or formerly or used by the department to identify the department or its employees. (6) ‘‘Local governing authority’’ means, with respect to a county, the governing authority of the county and, with respect to a municipality, the governing authority of the municipality. (7) ‘‘Person’’ means any person, corporation, organization, or political subdivision of this state. (8) ‘‘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 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 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 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. 264 35-10-3 POLICE DEPARTMENTS’ NOMENCLATURE 35-10-6 History. — Code 1981, § 35-10-3, enacted by Ga. L. 1996, p. 445, § 1. 35-10-4. Prohibition against use of nomenclature pertaining to particular police department in connection with solicitation, advertisement, publication, or production. Whoever, except with the express written permission of the local governing authority, knowingly uses words pertaining to a particular municipal or county police 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 shall be in violation of this chapter. History. — Code 1981, § 35-10-4, enacted by Ga. L. 1996, p. 445, § 1. 35-10-5. Prohibition against use of symbols pertaining to particular police 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. History. — Code 1981, § 35-10-5, enacted by Ga. L. 1996, p. 445, § 1. 35-10-6. 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 chief of police or director of public safety. Within 15 calendar days after receipt of the request, the chief of police or director of public safety 265 35-10-9 shall send a notice with his or her recommendation to the local governing authority stating whether the person may use the requested nomenclature or symbol. Within 30 calendar days after receipt of a recommendation from the chief of police or director of public safety, the local governing authority 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 authority does not respond within the 30 day time period, then the request is presumed to have been approved. The grant of permission under Code Section 35-10-4 or 35-10-5 shall be in the discretion of the local governing authority under such conditions as the local governing authority may impose. History. — Code 1981, § 35-10-6, enacted by Ga. L. 1996, p. 445, § 1; Ga. L. 1999, p. 81, § 35. 35-10-7. Injunctions against violations.