§ 38-3-148. Criminal Penalties for Willful Violators
Any willful violator shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $5,000.00 or to imprisonment for not more than 12 months, or both. Each violation shall constitute a separate offense. History. Code 1981, § 38-3-148 , enacted by Ga. L. 2008, p. 543, […]
§ 38-3-147. Private Cause of Action; Recovery of Treble Damages, Punitive Damages, and Attorney’s Fees
Any person who has given money or any other item of value to another person due in part to such person’s use of agency nomenclature or symbols in violation of this article may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled […]
§ 38-3-140. Short Title
This article shall be known and may be cited as the “Georgia Emergency Management and Homeland Security Agency Nomenclature Act of 2008.” History. Code 1981, § 38-3-140 , enacted by Ga. L. 2008, p. 543, § 1/HB 1201; Ga. L. 2016, p. 91, § 12/SB 416.
§ 38-3-141. Definitions
As used in this article, the term: “Badge” means any official badge, identification card, or security pass used by members of the Georgia Emergency Management and Homeland Security Agency, either in the past or currently. “Director” means the director of the Georgia Emergency Management and Homeland Security Agency. “Emblem” means any official patch or other […]
§ 38-3-142. Use of Agency Name Without Written Permission Prohibited in Certain Circumstances
Whoever, except with the written permission of the director, knowingly uses the words “Georgia Emergency Management Agency,” “Georgia Homeland Security Agency,” “Emergency Management Agency,” “Homeland Security Agency,” “GEMA,” “GEMHSA,” or “GEMA/HS” in referring to Georgia’s Emergency Management and Homeland Security Agency in connection with any advertisement, circular, book, pamphlet, or other publication, play, motion picture, […]
§ 38-3-143. Use or Display of Agency Symbols Without Written Permission Prohibited
Any person who uses or displays any symbol, including any emblem, seal, or badge, current or historical, used by the Georgia Emergency Management and Homeland Security Agency without written permission from the director shall be in violation of this article. History. Code 1981, § 38-3-143 , enacted by Ga. L. 2008, p. 543, § 1/HB […]
§ 38-3-144. Requests for Permission; Grants of Permission at Director’s Discretion
Any person seeking permission to use or display the nomenclature or symbols of the Georgia Emergency Management and Homeland Security Agency may request such permission in writing to the director. The director shall serve notice on the requesting party within 15 calendar days after receipt of the request of his or her decision on whether […]
§ 38-3-145. Injunctions to Restrain Violations
Whenever there shall be an actual or threatened violation of this article, the director shall have the right to apply to the Superior Court of Fulton County or to the superior court of the county of residence of the violator for an injunction to restrain the violation. History. Code 1981, § 38-3-145 , enacted by […]
§ 38-3-146. Civil Penalties for Willful Violators
In addition to any other relief or sanction for a violation of this article, the director shall be entitled to collect a civil penalty in the amount of $1,000.00 for each violation from a willful violator. Further, the director shall be entitled to recover reasonable attorney’s fees for bringing any action against a willful violator. […]