§ 8. Removal of obstructions; vagrancy; moral offenses.

Said mayor and aldermen shall have power to summarily and forcibly remove[,] at any time, any and all obstructions of any character whatever from the streets, sidewalks, alleys and commons of said city without notice to anyone; and from their judgment and summary removal of such obstructions there shall be no appeal. They shall have power to prevent tramps, streetwalkers, vagrants and lewd females from walking upon the streets of said city, and may punish them in their discretion. Whenever it shall appear to the mayor of said city by evidence sufficient to excite the suspicions of a reasonable and prudent man that any room, building or cellar in said city is being used as a house of ill fame, as a residence of lewd women, as a place where gambling or other disorderly, immoral and illegal practices are carried on, said mayor may order the marshal of said city to enter said room, building or cellar, by force if necessary. The mayor and aldermen of said city shall not be liable in damages for the exercise of the authority conferred by this section, unless it shall appear that the mayor was actuated by malice and that there was not sufficient evidence to excite the suspicion of a reasonable and prudent man.

(1900 Ga. Laws, page 345, § 58; renumb. § 57 by 1901 Ga. Laws, page 549, § 2; renumb. § 56 by 1902 Ga. Laws, page 510, § 1)

State law reference

Grant by municipal corporation of right to obstruct public street, O.C.G.A. § 36-30-10.