§ 34-63. Enforcement and remedies.  


Latest version.
  • (a)

    Law enforcement. In accordance with O.C.G.A. § 38-3-4, the city police department shall be authorized to enforce the orders, rules and regulations contained in this chapter and/or implemented by the mayor (see section 34-62) or local governing authority during a declared emergency.

    (b)

    Penalties. Failure to comply with any of the requirements or provisions of the regulations contained in this chapter, or with any code section, order, rule or regulation made effective by the mayor and/or the "city EMD" (see subsection 34-62(a)(4)a.1.) or local governing authority upon or after the declaration of an emergency shall constitute a violation of the provisions of this chapter. Any person who violates any provision in this chapter shall, upon conviction thereof, be punishable by a fine not exceeding $1,000.00, imprisonment for a term not exceeding 120 days, or both such fine and imprisonment, for each violation. The owner of land upon which a violation occurs, and each person assisting in the commission of a violation, shall be guilty of separate offenses. Each day during which a violation or failure to comply continues shall constitute a separate violation.

    (c)

    Injunctive relief. In accordance with O.C.G.A. § 38-3-5, in addition to the remedies prescribed in this section, the mayor and/or the "city EMD" (see subsection 34-62(a)(4)a.1.) is authorized to obtain an injunction to restrain violation of laws, code sections, orders, rules and regulations which are contained in the Georgia Emergency Management Act and/or this Code, and/or which are implemented by the local governing authority during a declared emergency.

    (d)

    Enforcement. Except as otherwise provided in this chapter, this article may be enforced by the city police department.

(Ord. No. 2012-02, § 34-3-103, 4-16-2012)