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§ 40-6-371. Powers of local authorities generally

§ 40-6-371.  Powers of local authorities generally

   (a) This chapter shall not be deemed to prevent local authorities with respect to streets and highways under their jurisdiction and within the reasonable exercise of the police power from:

   (1) Regulating or prohibiting stopping, standing, or parking;

   (2) Regulating traffic by means of police officers or official traffic-control devices;

   (3) Regulating or prohibiting processions or assemblages on the highways;

   (4) Designating particular highways or roadways for use by traffic moving in one direction as authorized in Code Section 40-6-47;

   (5) Establishing speed limits for vehicles in public parks, notwithstanding any provisions of law establishing a minimum speed limit for an area outside an urban or residential district;

   (6) Designating any highway as a through highway or designating any intersection or junction of roadway as a stop or yield intersection or junction;

   (7) Requiring the registration and inspection of bicycles, including the requirement of a registration fee;

   (8) Designating any highway intersection as a "yield right of way" intersection and requiring vehicles facing a "yield right of way" sign to yield the right of way to other vehicles;

   (9) Regulating or prohibiting the turning of vehicles or specified types of vehicles;

   (10) Altering or establishing speed limits as authorized by law;

   (11) Designating no-passing zones as authorized in Code Section 40-6-46;

   (12) Prohibiting or regulating the use of controlled-access roadways by any class or kind of traffic as authorized in Code Section 40-6-51;

   (13) Prohibiting or regulating the use of heavily traveled streets by any class or kind of traffic found to be incompatible with the normal and safe movement of traffic;

   (14) Establishing minimum speed limits as authorized by law;

   (15) Designating hazardous railroad grade crossings as authorized in Code Section 40-6-141;

   (16) Designating and regulating traffic on play streets;

   (17) Regulating persons propelling push carts;

   (18) Regulating persons upon skates, coasters, sleds, and other toy vehicles;

   (18.1) Regulating the operation of electric personal assistive mobility devices, provided that such regulations are no less restrictive than those imposed by Part 2A of Article 13 of this chapter;

   (19) Adopting and enforcing such temporary or experimental regulations as may be necessary to cover emergencies or special conditions; or

   (20) Adopting such other traffic regulations as are specifically authorized by this chapter.

(a.1) No fine imposed by a local authority for violation of an ordinance or regulation for conduct which constitutes a violation of a provision of this chapter shall exceed any maximum fine specified by this chapter for such violation.

(b) No local authority shall erect or maintain any official traffic-control device at any location so as to require the traffic on any state highway to stop before entering or crossing any intersecting highway unless approval in writing has first been obtained from the Department of Transportation of the State of Georgia. If this issue is on trial in a civil or criminal action, the proper authority shall be presumed.

(c) No ordinance or regulation enacted under paragraph (4), (5), (6), (8), (9), (10), (11), (12), (13), (14), (15), (16), (17), or (18) of subsection (a) of this Code section shall be effective until official traffic-control devices giving notice of such local traffic regulations are erected upon or at the entrances to the highway or the part thereof affected as may be most appropriate.
 


Shane Smith
Advocate for the Seriously Injured in Georgia