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Ex. DUT-GA-004 Standing duty Primary source read

O.C.G.A. sections 31-5-8 and 31-5-9

Penalty for violations of the provisions of this title; Injunctions for enjoining violations of the provisions of this title; injunctions to abate public nuisances

General Assembly of Georgia (Code 1933, section 88-301, enacted by Ga. L. 1964, p. 499, section 1) · Georgia (State)

The COVID Project

The record

Jurisdiction
Georgia
Level
State
Authority
Title 31, Chapter 5 (Administration and Enforcement)
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • persons generally; owners or persons in control of premises (public-nuisance abatement); every business subject to a Department or county-board regulation or order
Character
order penalty
Collection
Standing duties: Georgia DUT-GA

Operative words

Any person violating the provisions of this title shall be guilty of a misdemeanor... [section 31-5-9(a):] The Department of Public Health and all county boards of health... are empowered to institute appropriate proceedings for injunction... for the purpose of enjoining a violation of any provision of this title... or of any regulation or order duly issued by the department...

Penalty

Misdemeanor (section 31-5-8; the general misdemeanor punishment provision, O.C.G.A. section 17-10-3, was not read in this exhibit); injunction, supersedeas and attachment for contempt (section 31-5-9)

What it required

Every person must comply with Title 31 and with every regulation or order duly issued by the Department or a county board of health under it; violation is a crime, and the Department and county boards may also enjoin the violation and 'maintain action for injunction to abate any public nuisance which is injurious to the public health, safety, or comfort,' 'notwithstanding the fact that such violation also constitutes a crime.'

Retrieval note

Same volume PDF as Ex. DUT-GA-001; section 31-5-8 at PDF p. 132; section 31-5-9 at PDF p. 133. Section 31-5-8 exempts Chapters 20, 22 and 24 of Title 31 only. The cross-reference at PDF p. 127 points to 'Establishment and enforcement of sanitary regulations pertaining to restaurants, taverns and other establishments, section 26-2-370 et seq.' (Ex. DUT-GA-014).