Opinion AGO U94-04.

• Case Date: March 02, 1994
• Court: Georgia

Georgia Attorney General Opinions 1994. Opinion AGO U94-04. March 2, 1994UNOFFICIAL OPINION U1994-4To: State Representative District 148Re: O.C.G.A. § 10-9-14 empowering the Geo. L. Smith II Georgia World Congress Center Authority to regulate activities on the sidewalks and streets immediately adjacent to the World Congress Center's projects during an event period does not violate the City of Atlanta's home rule power.You have requested my opinion whether O.C.G.A. § 10-9-14, in particular Subsections (d), (e) and (f), relating to the ability of the Geo. L. Smith II Georgia World Congress Center Authority ("GWCC Authority") to regulate, during an event period, the use of sidewalks and public streets immediately adjacent to any GWCC Authority project, as well as to regulate commercial activity and solicitation, unlawfully intrudes upon the City of Atlanta's home rule power. The Georgia Constitution of 1983 provides for home rule power for municipalities in Article IX, Section II, Paragraphs II and III. Paragraph II states: "The General Assembly may provide by law for the self-government of municipalities and to that end is expressly given the authority to delegate its power so that matters pertaining to municipalities may be dealt with without the necessity of action by the General Assembly." As authorized, the General Assembly delegated its power by enacting the Municipal Home Rule Act," O.C.G.A. §§ 36-35-1 to -8. The Municipal Home Rule Act states that "[t]he governing authority of each municipal corporation shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which are not inconsistent with the Constitution or any charter provision applicable thereto." O.C.G.A. § 36-35-3(a). As streets and sidewalks are the property of the City, the Act empowers the City of Atlanta to adopt ordinances and regulations relating to their use. However, the General Assembly is not prohibited from legislating further. The Municipal Home Rule Act itself provides that the General Assembly has the authority, "by general law, to define this home rule power further or to broaden, limit, or otherwise regulate the exercise thereof." O.C.G.A. § 36-35-3(a) (emphasis added). Georgia Constitution of...