11 LC
21 0910
House
Bill 2
By:
Representative Franklin of the
43rd
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 2 of the Official Code of Georgia Annotated, relating
to general provisions relative to agriculture, so as to provide a short title;
to preempt certain local ordinances relating to production of agricultural or
farm products; to protect the right to grow food crops and raise small animals
on private property so long as such crops and animals are used for human
consumption by the occupants, gardeners, or raisers and their households and not
for commercial purposes; to define a term; to provide for effect on certain
private agreements and causes of action; to provide an effective date; to repeal
conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Georgia Right to Grow
Act."
SECTION
2.
Chapter
1 of Title 2 of the Official Code of Georgia Annotated, relating to general
provisions relative to agriculture, is amended by adding a new Code section to
read as follows:
"2-1-7.
(a)
As used in this Code section, the term:
(1)
'Crops' means fruits and products of all annual or perennial plants, trees, and
shrubs.
(2)
'Milk goat' means a doe kept for the purpose of producing milk and any unweaned
kid goats.
(b)
No county, municipality, consolidated government, or local government authority
shall prohibit or require any permit for the growing or raising of food crops or
chickens, rabbits, or milk goats in home gardens, coops, or pens on private
residential property so long as such food crops or animals or the products
thereof are used for human consumption by the occupant of such property and
members of his or her household and not for commercial purposes.
(c)
This Code section shall not prohibit or impair:
(1)
The authority of a local governmental entity to abate a public
nuisance;
(2)
The authority of a local governmental entity to regulate or restrict the
slaughter of goats;
(3)
Any cause of action brought by a private citizen to abate a private nuisance
under Code Section 41-2-4; or
(4)
Any private covenant or other private agreement restricting the use of real
property."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.