§ 35-10-1. Short Title
This chapter shall be known and may be cited as the “Municipal and County Police Departments’ Nomenclature Act of 1996.” History. Code 1981, § 35-10-1 , enacted by Ga. L. 1996, p. 445, § 1.
§ 35-10-10. Criminal Penalties
Any person who violates the provisions of this chapter shall be guilty of a felony and upon conviction thereof shall be subject to a fine of not less than $1,000.00 or more than $5,000.00 or to imprisonment for not less than one or more than five years, or both. Each violation shall constitute a separate […]
§ 35-10-11. Name Required on Vehicles Used to Enforce Traffic Laws
No law enforcement agency shall enforce the traffic laws of this state or any traffic ordinances with any name of law enforcement authority on its vehicles other than the name of the applicable county or municipality or the state. History. Code 1981, § 35-10-11 , enacted by Ga. L. 1996, p. 445, § 1.
§ 35-10-2. Declaration of Public Purpose
It is declared to be contrary to the health, safety, and public welfare of the people of this state for any individual or organization to act in a manner which would mislead the public into believing that a member of the public is dealing with any municipal or county police department or with a member […]
§ 35-10-3. Definitions
As used in this chapter, the term: “Badge” means any official badge used in the past or present by members of municipal or county police departments. “Chief of police” means the chief of police for any municipal or county police department. “Department” means any municipal or county police department. “Director of public safety” means the […]
§ 35-10-4. Prohibition Against Use of Nomenclature Pertaining to Particular Police Department in Connection With Solicitation, Advertisement, Publication, or Production
Whoever, except with the express written permission of the local governing authority, knowingly uses words pertaining to a particular municipal or county police department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner […]
§ 35-10-5. Prohibition Against Use of Symbols Pertaining to Particular Police Department in Connection With Solicitation, Advertisement, Publication, or Production
Any person who uses or displays any current or historical symbol, including any emblem, seal, or badge, used by the department in connection with the planning, conduct, or execution of any solicitation; advertisement, circular, book, pamphlet, or other publication; or play, motion picture, broadcast, telecast, telemarketing, or other production in a manner reasonably calculated to […]
§ 35-10-6. Procedure for Obtaining Permission to Use Nomenclature or Symbols; Discretion of Local Governing Body
Any person wishing permission to use the nomenclature or a symbol of a department may submit a written request for such permission to the chief of police or director of public safety. Within 15 calendar days after receipt of the request, the chief of police or director of public safety shall send a notice with […]
§ 35-10-7. Injunctions Against Violations
Whenever there shall be an actual or threatened violation of Code Section 35-10-4 or 35-10-5, the local governing authority shall have the right to apply to the superior court of the county of residence of the violator for an injunction to restrain the violation. History. Code 1981, § 35-10-7 , enacted by Ga. L. 1996, […]
§ 35-10-8. Criminal Penalties
In addition to any other relief or sanction for a violation of Code Section 35-10-4 or 35-10-5, where the violation is willful, the local governing authority shall be entitled to collect a civil penalty in the amount of $500.00 for each violation. Further, when there is a finding of willful violation, the local governing authority […]
§ 35-10-9. Actions for Civil Damages
Any person who has given money or any other item of value to another person due in part to such person’s use of department nomenclature or symbols in violation of this chapter may maintain a suit for damages against the violator. Where it is proven that the violation was willful, the victim shall be entitled […]