§ 1-12. General penalty, continuing violations; authority granted to court.

(a)

O.C.G.A. § 36-1-20 gives the board of commissioners, for the purpose of protecting and preserving the public health, safety and welfare, authorization to adopt resolutions and ordinances for the governing and policing of the unincorporated areas of the county, violations of which resolutions and ordinances may be punished by fine or imprisonment or both.

(b)

The Georgia General Assembly, in 1991, amended O.C.G.A. § 36-1-20, relating to resolutions and ordinances for governing and policing unincorporated areas of the county, so as to increase the maximum fine from $500.00 to $1,000.00.

(c)

O.C.G.A. § 36-1-20 gives jurisdiction over violations of county resolutions and ordinances to the magistrate court of the county.

(d)

O.C.G.A. § 36-1-20 is hereby incorporated as a part of the official Code of Ordinances of Emanuel County, Georgia.

(e)

Whenever in this Code or in any resolution or ordinance of the county any act is prohibited or is made or declared to be unlawful or an offense, or whenever in this Code or any resolution or ordinance the doing of any act is required and the failure to do such act is declared to be unlawful, and no specific penalty is provided therefor, and unless otherwise provided by state law, the violation of any such provision of this Code or any such resolution or ordinance shall be punished by a fine not to exceed $1,000.00 and imprisonment in the county prison or in the county jail and work and labor on the streets or public works of the county, whether within or without the corporate limits, not exceeding 12 months or both a fine and sentence of imprisonment and labor and all sentences may be in the alternative and fines may be imposed with the alternative of sentence to imprisonment and labor if the fines are not paid. Each day any violation of this Code or of any resolution or ordinance shall continue shall constitute a separate offense.

(f)

The judge of the magistrate court shall have the power and authority to:

(1)

Impose upon persons convicted in the magistrate court the fines provided for in this Code, the resolutions and ordinances of the county, or as otherwise provided by law, with the alternative of other punishment allowed by law, if such fines are not paid;

(2)

Sentence such person to community service work; or

(3)

Impose a sentence consisting of any combination of the penalties provided for in this section.

(g)

The judge of the magistrate court shall have full power and authority to declare the forfeiture of bonds given by offenders for their appearance before the court upon the offender's failure to appear as provided for in such bond. The procedure for the forfeiture of such bonds shall be as is provided for the forfeiture of bonds and recognizance set forth in O.C.G.A. § 17-6-70 et seq.

State law reference

Imposition of additional penalty for certain drug offenses, O.C.G.A. § 15-21-100; imposition of additional penalty for offense of driving under the influence of alcohol or drugs, O.C.G.A. § 15-21-112; additional penalty to be imposed in criminal and traffic cases to provide funding for local victim assistance programs, O.C.G.A. § 15-21-131; additional penalty assessments for jail construction and staffing, O.C.G.A. § 15-21-93; punishment for misdemeanors generally, O.C.G.A. § 17-10-3; display of drivers license for violations of laws pertaining to traffic and motor vehicles, O.C.G.A. § 17-6-11; payments to peace officers annuity and benefit fund from revenues collected from fines and fees, O.C.G.A. § 47-17-60 et seq.; alternative punishments for violations involving a traffic offense, O.C.G.A. § 17-10-3(d).