Title 36 — Title 36

(a) Subject to the provisions of subsection (b) of this Code section, in addition to any other jurisdiction vested in the municipal courts, such courts shall have the right and power to conduct trials, receive pleas of guilty, and impose sentence upon defendants for violating any…

(a) All judges of the municipal courts, and all judges of courts exercising municipal court jurisdiction, shall periodically satisfactorily complete a training course as provided in Article 2 of this chapter. (b) The Georgia Municipal Courts Training Council shall keep records of…

Notwithstanding any other contrary provision of law, local or general, sessions of a municipal court may be held outside the municipality for which the municipal court is established if such sessions are held within a county in which the municipality is located or has its legal s…

(a) Notwithstanding any other provision of this chapter or any general or local Act, the governing authority of each municipal corporation within this state having a municipal court, as provided by the Act incorporating the municipal corporation or any amendments thereto, is auth…

(a) As used in this Code section, the term ‘‘judge’’ means an individual serving as an appointed municipal court judge. (b)(1) A judge may be removed during his or her term of office by a two-thirds’ vote of the entire membership of the governing authority of the municipal corpor…

This article shall be known and may be cited as ‘‘The Georgia Municipal Courts Training Council Act.’’ History. — Code 1981, § 36-32-20, enacted by Ga. L. 1990, p. 882, § 2. 36-32-21. Definitions.

As used in this article, the term: (1) ‘‘Certified municipal judge’’ means a municipal judge who has the appropriate required certificate of training issued by the council and on file with the council. 537 36-32-23 (2) ‘‘Council’’ means the Georgia Municipal Courts Training Counc…

Immediately and before entering upon the duties of office, the members of the Georgia Municipal Courts Training Council shall take 538 36-32-26 the oath of office and shall file the same in the office of the Judicial Council of Georgia, which, upon receiving the oath of office, s…

The members of the council shall receive no salary but shall be reimbursed for their reasonable and necessary expenses actually incurred in the performance of their functions; provided, however, that such expenses shall not exceed those allowed to members of the General Assembly.…

The council is vested with the following functions, powers, and responsibilities: (1) To make all the necessary rules and regulations to carry out this article; (2) To cooperate with and secure the cooperation of every department, agency, or instrumentality of the state governmen…

(a) Any person who becomes a municipal judge on or after January 1, 1991, shall satisfactorily complete 20 hours of training in the performance of his or her duties within one year after the date of his or her election or appointment in order to become certified under this articl…

All judges of all municipal courts in this state shall have and are given the same powers and authorities as magistrates in the matter of and pertaining to criminal cases of whatever nature in the several courts of this state. 525 36-32-4 History. — Ga. L. 1935, p. 458, § 1; Ga. …

All municipal courts having authority to try offenses against the laws of the municipal corporations in which such courts are located shall have the power and authority: (1) To impose fines upon persons convicted of such offenses, with the alternative of other punishment allowed …

— Pursuant to Code Section 28-9-5, in 1992, ‘‘for’’ was deleted preceding ‘‘responsible’’ in the first sentence of subsection (g) (now subsection (i)). Pursuant to Code Section 28-9-5, in 1998, ‘‘Code Sections 12-9-45 and 12-9-48’’ was substituted for ‘‘Code Section 12-9-45 1093 1…

Where municipal corporations are not required by statute to perform an act, they may not be held liable for exercising their discretion in failing to perform the act. History. — Civil Code 1895, § 747; Civil Code 1910, § 896; Code 1933, § 69-302. History of Code section. — This C…

A municipal corporation shall not be liable for the torts of policemen or other officers engaged in the discharge of the duties imposed on them by law. History. — Civil Code 1895, § 744; Civil Code 1910, § 893; Code 1933, § 69-307. History of Code section. — This Code section is …

Johnson, 205 Ga. App. 220, 421 S.E.2d 746, cert. denied, 205 Ga. App. 900, 421 S.E.2d 746 (1992). General damages recoverable. — Claim under O.C.G.A. § 36-33-4 is essentially a tort action, not one based on a regulatory restriction; thus, general as well as compensatory damages m…

City of Austell, 166 Ga. App. 808, 305 S.E.2d 653 (1983). Notice of a personal injury claim by a tenant is not sufficient as ante litem notice of a property damage claim by the landlord under O.C.G.A. § 36-33-5. Jones v. City of Austell, 166 Ga. App. 808, 305 S.E.2d 653 (1983). T…

Property of a municipal corporation in use for the public or held for future use for the public is not subject to levy and sale under executions. All property held by a municipal corporation is presumptively for public use. History. — Civil Code 1895, § 750; Civil Code 1910, § 89…

It is declared to be the intention of the General Assembly to vest certain general powers in the governing body of each of the municipal corporations of this state, such powers to be in addition to or cumulative of those which any municipal corporation may now have under its char…

In addition to the other powers which it may have, the governing body of any municipal corporation shall have the following powers, under this chapter, relating to the administration of municipal government: (1) The power to establish municipal offices, agencies, and employments;…

(a) In addition to the other powers which it may have, any municipal corporation shall have the power under this chapter: (1) To acquire by gift, by purchase, or by the exercise of the right of eminent domain, to construct, to reconstruct, to improve, to better, and to extend any…

Notwithstanding any provision of law to the contrary, each municipal corporation of this state is authorized, in the discretion of its governing authority, to enter into valid and binding lease agreements with nonprofit corporations, classified as public foundations (not private …

The governing body of each municipal corporation of this state is given the authority to issue, refund, and liquidate financial obligations, including bonds, incurred to finance any facilities or services which such municipal corporation undertakes to provide under authority of t…

The provisions of this chapter are in addition to the powers heretofore or hereafter granted to any municipal corporation. History. — Ga. L. 1962, p. 140, § 8.

This chapter shall be known and may be cited as ‘‘The Municipal Home Rule Act of 1965.’’ History. — Ga. L. 1947, p. 1118, § 1; Ga. L. 1951, p. 116, § 1; Ga. L. 1965, p. 298, § 1.

(a) The power granted to municipal corporations in subsections (a) and (b) of Code Section 36-35-3 shall not be construed to extend to the following matters or to any other matters which the General Assembly by general law has preempted or may hereafter preempt; but such matters …

A municipality shall be prohibited from restricting the use of any language other than English on signs for privately owned businesses. This Code section shall not restrict the municipality’s right to enact any other restrictions on signs. History. — Code 1981, § 41-1-10, enacted…

In the event of a conflict between this chapter and Chapter 34 of this title, this chapter shall control. 644 T.36, C.36 T.36, C.36 ANNEXATION OF TERRITORY CHAPTER 36 ANNEXATION OF TERRITORY Sec. 36-36-21. Article 1 General Provisions Sec. 36-36-1. 36-36-2. 36-36-3. 36-36-4. 36-3…

The procedures set forth in this article shall apply to all annexations pursuant to this chapter and to annexation by local Act of the General Assembly. History. — Code 1981, § 36-36-1, enacted by Ga. L. 1992, p. 2592, § 3. 36-36-2. Effective date of annexation.

It is the express intent of the General Assembly in enacting the provisions of this chapter to provide for alternative methods for annexing or deannexing an area or areas into or from the corporate limits of a municipality. Except as otherwise expressly provided in this chapter, …

Effective date of annexation. Report identifying annexed property; maps and surveys; technical assistance to municipalities; preclearance. Creation of unincorporated islands prohibited; authorization to provide services or functions. Restriction on annexation of unincorporated is…

The procedures of this article shall apply to all annexations pursuant to this chapter but shall not apply to annexations by local Acts of the General Assembly. History. — Code 1981, § 36-36-110, enacted by Ga. L. 2007, p. 292, § 2/HB 2.

Upon receipt of a petition of annexation, a municipal corporation shall notify the governing authority of the county in which the territory to be annexed is located by certified mail or by statutory overnight delivery. Such notice shall include a copy of the annexation petition w…

If no objection is received as provided in Code Section 36-36-113, the annexation may proceed as otherwise provided by law; provided, however, that as a condition of the annexation the municipal corporation shall not change the zoning or land use plan relating to the annexed prop…

(a) The county governing authority may by majority vote object to the annexation because of a material increase in burden upon the county directly related to any one or more of the following: (1) The proposed change in zoning or land use; (2) Proposed increase in density; and (3)…

(a) Not later than the fifteenth calendar day following the date the municipal corporation received the first objection provided for in Code Section 36-36-113, an arbitration panel shall be appointed as provided in this Code section. (b) The arbitration panel shall be composed of…

The municipal or county governing authority or an applicant for annexation may appeal the decision of the arbitration panel by filing an action in the superior court of the county within ten calendar days from receipt of the panel’s findings and recommendations. The sole grounds …

36-36-119. Good faith negotiations; written agreement governing terms of annexation. 646 T.36, C.36 ANNEXATION OF TERRITORY

The county, the municipal governing authorities, and the property owner or owners shall negotiate in good faith throughout the annexation proceedings provided by this article and may at any time enter into a written agreement governing the annexation. If such agreement is reached…

(a) Local Acts of the General Assembly proposing annexation of any area comprised of more than 50 percent by acreage of property used for residential purposes shall be adopted pursuant to the procedures of this article. (b) Such bill may include a requirement for referendum appro…

(a) Except as provided in subsection (c) of this Code section, all annexation other than by local Act shall become effective for ad valorem tax purposes on December 31 of the year during which such annexation occurred and for all other purposes shall become effective on the first…

(a) Annexation pursuant to this article by a municipal corporation into an adjoining county in which the municipality is not already located shall be accomplished in accordance with this Code section. Within ten business days of receiving an application for annexation, the munici…

There shall be no annexation across the boundary lines of any county under this article. History. — Ga. L. 1966, p. 409, § 5; Ga. L. 1971, p. 399, § 1; Ga. L. 1976, p. 1011, § 2; Code 1981, § 36-36-23; Code 1981, § 36-36-33, as redesignated by Ga. L. 1992, p. 2592, § 3. Editor’s …

(a) If, after the public hearing, the governing body determines that the annexation to the municipal corporation of the area proposed in the application would be in the best interest of the residents and property owners of the area proposed for annexation and of the citizens of t…

Reserved. Repealed by Ga. L. 2000, p. 164, § 3, effective March 17, 2000. Editor’s notes. — This Code section was based on Code 1981, § 36-36-5, enacted by Ga. L. 1992, p. 2592, § 3. 36-36-6. Notice by municipal governing authority to county governing authority of proposed annexa…

It is declared to be the intention of the General Assembly in enacting this article to provide a method for annexing to municipal corporations areas which meet the legislative standards established by Code Section 36-36-54. This article is not intended to affect or restrict the p…

It is declared to be the policy in this state: (1) That municipal corporations are created for the purpose of providing local governmental services and for ensuring the health, safety, and welfare of persons and the protection of property in areas being used primarily for residen…

As used in this article, the term: (1) ‘‘Contiguous area’’ means any area which, at the time annexation procedures are initiated, either abuts directly on the municipal boundary or is separated from the municipal boundary by a street or street right of way, a creek or river, the …

The governing body of any municipal corporation may extend the corporate limits of the municipal corporation to include any area which meets the standards of Code Section 36-36-56, under the conditions and procedure provided in this article and in accordance with the procedures p…