§ 1-12. General penalty; continuing violations.
(a)
Generally. Whenever in this Code, or in any other ordinance of the county, any act is prohibited or is made or declared to be unlawful or an offense, or the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided, the violation of such provision shall be punishable by the imposition of a fine not to exceed $1,000.00, by imprisonment in the county jail for a period of time not to exceed 60 days, or by both such fine and imprisonment, or up to the limits of any penalty provided by state law for the violation of such ordinance. Each day any violation of this Code or other ordinance shall continue shall constitute a separate offense.
(b)
Additional penalty for criminal or traffic law violations.
(1)
In every case in the superior court, probate court, magistrate court or other court in the county shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of the state, or any ordinance of a political subdivision of the state there shall be imposed as an additional penalty a sum equal to ten percent of the original fine.
(2)
At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of the state or ordinance of a political subdivision of the state, an additional sum equal to ten percent of the original amount of bail or bond shall be posted. In each case in which any superior court, probate court, magistrate court or other county court shall order the forfeiture of bail or bond, the additional sum equal to ten percent of the original bail or bond shall be paid as provided in O.C.G.A. § 15-21-94.
(3)
Sums required by subsection (b) of this section shall be in addition to the amount required by O.C.G.A. § 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or as required by O.C.G.A. § 47-11-51 concerning the Judges of the Probate Court Retirement Fund of Georgia.
(4)
The sums provided for in subsection (b) of this section shall be assessed and collected by the clerk or the court officer charged with the duty of collecting moneys arising from fines and forfeited bonds, and shall be paid over to the governing authority of the county in which the court is located by the tenth day of the month following the month in which such moneys are collected. Such sums paid over to the governing authority shall be deposited by the governing authority into a special account known as the county jail fund.
(5)
Any person whose duty it is to collect and remit the sums provided for in this subsection (b) who fails or refuses to remit such sums by the date required in subsection (b)(4) of this section shall be guilty of a misdemeanor.
(6)
Moneys collected pursuant to this subsection (b) and placed in the county jail fund shall be expended by the governing authority of the counties solely and exclusively for constructing, operating and staffing county jails, county correctional institutions and detention facilities or for the purpose of contracting for such facilities with other counties, the state, municipalities or other political subdivisions as authorized by Ga. Const. art. IX, § III, ¶ I. The county jail fund and moneys collected pursuant to this subsection (b) to be placed in the county jail fund may be pledged as security for the payment of bonds issued for the construction of county jails, county correctional institutions and detention facilities. This subsection (b) shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the general assembly for the purpose of constructing, operating or staffing jails, correctional institutions and detention facilities.
(c)
Additional penalty for drug law violations.
(1)
In every case in which any court shall impose a fine, which shall be construed to include costs, for any offense prohibited by O.C.G.A. § 16-13-30, 16-13-30.1 or 16-13-31, which offenses relate to certain activities regarding marijuana, controlled substances and noncontrolled substances, the courts shall be allowed to collect, as an additional penalty, a sum equal to 50 percent of the original fine.
(2)
The sums required by O.C.G.A. § 15-21-100(a) shall be in addition to the amount required by O.C.G.A. § 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund or as required by O.C.G.A. § 47-11-51 to be paid into the Judges of the Probate Courts Retirement Fund of Georgia.
(3)
The sums provided for in O.C.G.A. § 15-21-100 shall be collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds, and shall be paid over to the governing authority of the county in which the court is located, upon receipt of the fine and assessment, if paid in full, at the time of sentencing or upon receipt of the final payment if the fine is paid in installments. The sums paid over to the governing authority shall be deposited into a special account to be known as the county drug abuse treatment and education fund.
(4)
Moneys collected pursuant to this subsection (c) and placed in the county drug abuse treatment and education fund shall be expended by the governing authority of the county for which the fund is established solely and exclusively for drug abuse treatment and education programs relating to controlled substances and marijuana. This subsection shall not preclude the appropriation or expenditure of other funds by the governing authority of any county or by the general assembly for the purpose of drug abuse treatment or education programs.
(Code 2005, § 1-12)
State law reference
Magistrate courts, O.C.G.A. § 15-10-1 et seq.; violation of county ordinances, O.C.G.A. § 15-10-60 et seq.; 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 and prosecuting officials, O.C.G.A. § 15-21-73; additional penalty assessments for jail construction and staffing, O.C.G.A. § 15-21-93; alternative punishments for violations involving a traffic offense, O.C.G.A. § 17-10-3(e); punishment for misdemeanors generally, O.C.G.A. § 17-10-3; display of driver's license for violations of laws pertaining to traffic and motor vehicles, O.C.G.A. § 17-6-11; maximum punishments which may be imposed for violations of county ordinances, O.C.G.A. § 36-1-20(b); county responsibility for sentencing and maintenance of inmates, O.C.G.A. § 42-5-51(a); payments to peace officers annuity and benefit fund from revenues collected from fines and fees, O.C.G.A. § 47-17-60 et seq.; preemption of ordinances to general law, Ga. Const. art. III, § VI, ¶ IV.