§ 10-2104. Limitations on legislative powers of municipalities.

(a)

The power granted to municipalities in subsections (a) and (b) of section 10-2103 shall not be construed to extend to the following matters or any other matters which the General Assembly by general laws has preempted or may hereafter preempt, but such matters shall be the subject of general law or the subject of such local Acts is otherwise permitted under the Constitution:

(1)

Action affecting the composition, form, procedure for election or appointment, continuance in office and limitation thereon for the members of the Municipal Governing Authority, except as authorized in Title 34A of the Code of Georgia, as amended, or as it may hereafter be amended [now O.C.G.A. § 21-3-1 et seq.].

(2)

Action defining any criminal offense or providing for criminal punishment other than to define ordinance violations for acts which are not also violations of the criminal laws of this State, and to prescribe penalties for such ordinance violations.

(3)

Action adopting any form of taxation beyond that authorized by law or by the Constitution.

(4)

Action affecting the exercise of the power of eminent domain.

(5)

Action expanding the power of regulation over any business activity regulated by the Public Service Commission beyond that authorized by charter or general law or by the Constitution.

(6)

Action affecting any court or the personnel thereof, except any municipal court having jurisdiction only over municipal ordinances.

(7)

Action changing charter provisions relating to the establishment and operations of an independent school system.

(b)

The power granted in subsections (a) and (b) of section 10-2103 shall not include the power to take any action affecting the private or civil law governing private or civil relationships, except as is incident to the exercise of an independent governmental power.

(c)

Nothing in this section shall affect the provisions of sections 10-2105 and 10-2106.

(1965 Ga. Laws, pages 298, 302; 1966 Ga. Laws, pages 296, 298; 1970 Ga. Laws, page 346; 1973 Ga. Laws, pages 778, 780)