§ 1-19. General penalty; continuing violations; prosecution of 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)

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

(c)

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

(d)

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 such Code or ordinance the doing of an act is required or the failure to do an act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this Code or any ordinance shall be punished by a fine not exceeding $1,000.00 or six months imprisonment, provided that not less than 120 days of any sentence of imprisonment shall be probated, or both, except as otherwise provided by general law. The fines imposed therefor may be collected by execution. Each day any violation continues shall be a separate offense.

(e)

Prosecution of violations of resolutions or ordinances of Troup County, Georgia are authorized and shall be upon:

(1)

Accusation by the county attorney or such other attorney as the Troup County Board of Commissioners, by and through the county manager, shall designate;

(2)

Citations issued by the Troup County Marshal or his designated officers; or

(3)

Citations issued by the Troup County Building Official or his designated code enforcement inspectors for violations of chapters 6, 10, 14, 18, 30, 34, 38, 43, 46, 50, 66, 70 and appendices A—D of the Troup County Code.

(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 section and as otherwise specifically set forth in the 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)

Suspend sentences to allow the payment of a fine or restitution to a victim, the performance of community service work in lieu of a fine or incarceration, or the completion of other conditions that relate to the underlying offense; 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 issue executions and 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.

(Code 1987, § 1-8; Ord. No. 2018-03 , § I, 8-1-2017)

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 training to law enforcement officers an prosecuting officials, O.C.G.A. § 15-23; 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; deposit 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(e).

Editor's note

Ord. No. 2018-03 , § I, adopted Aug. 1, 2017, changed the title of § 1-19 from "General penalty; continuing violations; authority granted to court" to read as herein set out.