The Spalding County Attorney Stephanie Windham stated “OCGA 40-14-18 is not part of the Rules of the Road Ordinance Resolution”, when asked by Commissioner Dutton for clarification on “Rules of the Road” Resolution during the Extraordinary Session last night on December 19, 2022. Passed Unanimously by all commissioners.
Why would OCGA 40-14-18 be part of this Resolution?
Being the title of the code states:
Enforcement of speed limit in school zones with recorded images; civil monetary penalty; vehicle registration and transfer of title restrictions for failure to pay penalty.
Read it Below and link here: OCGA-40-14-18
OCGA 40-14-18 is an enforcement code/monetary penalty/failure to pay restrictions, it does not create mile per hour speed limit restrictions, it merely states the speed limit threshold which must be met to be issued a civil monetary penalty citation. It also describes the fine system and how municipalities or agent working on their behalf, must handle those citations and the steps listed for the citizen to rebut on their behalf, and current law enforcement procedures to follow in the issuance of this specific citation enforcement, as well as the role of the Georgia Department of Revenue.
The only codes referenced in OCGA 40-14-18 are:
OCGA 40-14-8: When a case may be made and conviction had,
OCGA: 40-14-6: Warning signs required; signage requirements,
OCGA: 5-6-35 Citations for violations, and
Nothing pertaining to OCGA 40-6 Uniform Rules of the Road: Article 9 Speed Restrictions (§§ 40-6-180 — 40-6-189)
HOWEVER, the last ordinance resolution for speed zones on roadways in Spalding County does refer to OCGA TITLE 40 Motor Vehicles and Traffic, specifically CHAPTER 6 Uniform Rules of the Road (Arts. 1 — 15).
And Reads:
Sec. 7-1002. - Adoption of state law by reference; speed limit resolution of July 7, 1981. Pursuant to O.C.G.A. sections 40-6-370 through 40-6-376 and sections 40-6-180 through 40-6-183 of that chapter known as the Uniform Rules of the Road, are hereby adopted as and for the traffic regulations of this county with like effect as if recited herein. Be it ordained that the following off-system speed zones are established: and then it lists roads in the OFF System List of Roads of Spalding County.
OCGA Chapter 6: Uniform Rules of the Road Code referenced in Spalding County Ordinance Resolution 2020-ORD-03 OFF-System Speed Zones and 2020-ORD-02 are: OCGA 40-6-180 Basic rules; and OCGA 40-6-183 Alteration of speed limits by local authorities; 40-6-370: Uniform state-wide application of chapter; 40-6-376: Prosecution under this chapter or local ordinance; transfer of charge to state tribunal; double jeopardy.
OCGA 40-6-183 gives authorization to Spalding County Board of Commissioners to alter speed limits for local ordinance Part VII: Motor Vehicle and Traffic, Chapter 1: General Traffic Regulations: Section 7-1002: OFF System Speed Zones. 2020-ORD-03 states: Replacing the designated ON (typo should read OFF) Systems speed zones with the List approved by the Georgia State Patrol.
The List approved by the GSP is the List of Roads (LOR) used for Speed Detection Device Permits, authorizing the Sheriff’s Office to run ANY RADAR, ONLY on the roads listed on Spalding County List of Roads. Including running radar on roadways where school zones are present within the timeframes and specified school zone speed limit. The List of Roads that when changed, must be updated with an ordinance resolution.
Similarly for Spalding County Ordinance 7-1001.5 ON-Systems. And any Chapter 7 speed restriction ordinances.
The fact remains, the Spalding County Sheriff’s Office OCGA 40-14-18 “School Zone Camera System Program” would not be possible without the Spalding County Chapter 7: Motor Vehicle and Traffic ordinances and speed restrictions. Specifically, 7-1001.5 ON System and 7-1002 OFF System speed zones. ALL under the umbrella of OCGA Title 40 chapter 6: Uniform Rules of the Road.
Because without these local speed zones in place, how does the Sheriff’s Office know the citizen met the threshold of the speed limit in the school zones to issue a speed citation?
See video here: https://youtu.be/kyq3If7lSV4?t=2928
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