§ 46-136. Disorderly conduct.

(a)

Prohibited conduct. It shall be unlawful for any person or persons within the unincorporated areas of the county to engage in any conduct described in the following subsections:

(1)

To act in a violent or tumultuous manner toward another whereby any person is placed in fear for the safety of his life, limb, or health;

(2)

To act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged or destroyed;

(3)

To cause, provoke or engage in any fight, brawl, or riotous conduct so as to endanger the life, limb, health, or property of another;

(4)

To assemble or congregate with another or others for the purpose of or with the intent to engage in gaming;

(5)

To be in or about any place, alone or with another or others with the purpose of or intent to engage in any fraudulent scheme, trick, or device to obtain any money or valuable thing; or to aid or abet any person or persons in doing so;

(6)

To be in or about any place where gaming or the illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs is practiced, allowed, or tolerated, for the purpose of or intent to engage in gaming or the purchase, use, possession or consumption of said illegal drugs, narcotics, or alcoholic beverages;

(7)

To direct "fighting words" toward another, that is words which by their very nature tend to incite a breach of the peace;

(8)

To interfere, by acts of physical obstruction, with another's pursuit of a lawful occupation;

(9)

To congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic, and to fail to clear that public way after being ordered to do so by a Fulton County police officer or other lawful authority;

(10)

To disrupt, by actions which tend to incite a breach of peace, the activities of any house of worship, hospital, home for the elderly, or any lawful meeting, gathering, or procession; or

(11)

To throw bottles, paper, cans, glass, sticks, stones, missiles, or any other debris on public property.

(b)

Penalty. Upon finding of guilt for the violation of this section, the offender shall be subject to imprisonment for a term not exceeding one month or by fine not exceeding $500.00, or both; provided that notwithstanding anything contained herein to the contrary, upon a finding of guilt for the violation of section 46-136(a)(6), based solely upon the misdemeanor violation of possession of less than one ounce of marijuana, an offender may be prosecuted by alternative enforcement procedures provided by this section and be offered a civil penalty of a $75.00 fine for all first time offenses. Subsequent offenses shall have a mandatory minimum fine schedule of $150.00 for a second offense, $300.00 for a third offense, $450.00 for a fourth offense, and for all subsequent offenses, a mandatory minimum fine schedule of $500.00 and may include imprisonment for up to 60 days. Violators who are under the age of 21 must appear in court and may be ordered to drug treatment. Violators who are 21 or older must appear in court after a third offense and may be ordered into drug treatment.

(c)

Jurisdiction. The Magistrate Court of Fulton County and the State Court of Fulton County shall each have jurisdictions to try the offense described in this section.

(Code 1983, § 34-1-8; Ord. No. 18-0319, 6-6-18)

State law reference

Disorderly conduct, O.C.G.A. § 16-11-39.