Chapter 54
OFFENSES AND MISCELLANEOUS PROVISIONS*

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Cross references: Courts, ch. 38; traffic and vehicles, ch. 82.

State law references: Criminal Code of Georgia, O.C.G.A. § 16-1-1 et seq.; limitation on home rule powers of municipal corporations with respect to duplication of state criminal offenses, O.C.G.A. § 36-35-6(a)(2).

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Sec. 54-1. Public drinking and drunkenness.

Sec. 54-2. Slingshots.

Sec. 54-3. Fastening notices to poles and trees.

Sec. 54-4. Discharge of weapons.

Sec. 54-5. Uninvited entry upon premises.

Sec. 54-6. Loitering or prowling.

Sec. 54-7. Provisions saved from repeal.

Sec. 54-1. Public drinking and drunkenness.

(a) It shall be unlawful for any person to possess or consume alcoholic beverages upon any public area, including, but not limited to, any street, parking area, sidewalk, park or recreational area.

(b) It shall be unlawful for any person to appear in an intoxicated condition on any public street or highway or within the curtilage of any private residence not in the exclusive possession of the person so intoxicated, or upon any railway passenger train or other public conveyance, or at or on any fair grounds, ball grounds, show grounds, park or at any other place or public gathering or assembly, where such drunkenness is caused by the excessive use of intoxicating beverages or opiates. Such drunkenness must be made manifest by boisterousness or indecent condition or acting, or by vulgar, profane or unbecoming language, or loud and violent discourse of the person so intoxicated.

(Code 1976, § 13-33)

Cross references: Alcoholic beverages, ch. 6.

Sec. 54-2. Slingshots.

It shall be unlawful for any person to use or shoot any flip or slingshot in the city.

(Code 1976, § 13-9)

Sec. 54-3. Fastening notices to poles and trees.

It shall be unlawful for any person to paste or in any other manner fasten any bills, advertisements or any other notice to any telephone, electric light or telegraph pole or to any shade tree in the city.

(Code 1976, § 13-7)

Cross references: Utilities, ch. 86.

State law references: Unlawful placement of signs within right-of-way of public road, O.C.G.A. § 32-6-51.

Sec. 54-4. Discharge of weapons.

It shall be unlawful for any person to fire a gun, pistol or other firearm, or fire or discharge any air gun, commonly known as a BB gun, in the city.

(Code 1976, § 13-8)

State law references: Discharge of firearm near public highway or street, O.C.G.A. § 16-11-103; discharge of firearm on property of another, O.C.G.A. § 16-11-104; discharge of firearm on Sunday, O.C.G.A. § 16-11-105; Georgia Firearms and Weapons Act, O.C.G.A. § 16-11-120 et seq.

Sec. 54-5. Uninvited entry upon premises.

The practice of being in and upon a private residence in the city by a solicitor, peddler, hawker, itinerant merchant and transient vendor of merchandise, not having been requested or invited so to do by the owner or occupant of such private residence, and contrary to a notice having substantially the following wording: "Solicitors, peddlers, salesmen prohibited," as displayed or posted upon, at or near the entrance to or upon the grounds of such private residence, for the purpose of soliciting orders for the sale of goods, wares and merchandise and/or for the purpose of disposing of and/or peddling or hawking such goods, wares and merchandise, is declared to be a nuisance, and shall be prohibited.

(Code 1976, § 13-3)

State law references: Peddlers and itinerant traders, O.C.G.A. § 43-32-1 et seq.; exception from local peddler or itinerant vendor licensing requirements for persons selling agricultural products, O.C.G.A. § 43-32-6; Transient Merchant Act of Georgia, O.C.G.A. § 43-46-1 et seq.

Sec. 54-6. Loitering or prowling.

(a) A person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.

(b) A person may be considered to be loitering or prowling if the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it impracticable, a law enforcement officer shall, prior to any arrest for an offense under this section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this section if the law enforcement officer failed to comply with the procedure set forth in this subsection, or if it appears at trial that the explanation given by the person was true and would have dispelled the alarm or immediate concern.

(c) A person committing the offense of loitering or prowling shall, upon conviction, be punished as provided in section 1-12.

(Code 1976, § 13-37)

State law references: Loitering or prowling, O.C.G.A. § 16-11-36.

Sec. 54-7. Provisions saved from repeal.

The following provisions of the 1976 Code are not repealed and shall continue in full force and effect pending a revision of the subject matter by the city:

(1) Section 13-6 on the subject of curfews for minors.

(2) Section 13-18 on the subject of disorderly conduct.

(3) Sections 13-22? 13-29 relating to obscenity.

(4) Sections 13-60? 13-73 relating to protection of school property.