§ 28-32. Criminal gang activity; nuisance, abatement, cause of action.

(a)

Nuisance. Any real property which is erected, established, maintained, owned, leased, or used by any criminal street gang for the purpose of conducting criminal gang activity shall constitute a public nuisance and may be abated as provided by O.C.G.A. § 41-1-1 et seq., relating to nuisances.

(b)

Action to abate. An action to abate a nuisance pursuant to this section may be brought by the district attorney, solicitor-general, prosecuting attorney of a municipal court or city or county attorney in any superior, state, or municipal court.

(c)

Cause of action for injured persons. Any person who is injured by reason of criminal gang activity shall have a cause of action for three times the actual damages sustained and, where appropriate, punitive damages; provided, however, that no cause of action shall arise under this subsection as a result of an otherwise legitimate commercial transaction between parties to a contract or agreement for the sale of lawful goods or property or the sale of securities regulated by O.C.G.A. § 10-5-1 et seq. or by the Federal Securities and Exchange Commission. Such person shall also recover attorney's fees in the trial and appellate court and costs of investigation and litigation reasonably incurred. All averments of a cause of action under this subsection shall be stated with particularity. No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in O.C.G.A. § 16-15-2.

(d)

Action to enjoin. The state, any political subdivision thereof, or any person aggrieved by a pattern of gang activity may bring an action to enjoin violations of this article in the same manner as provided in O.C.G.A. § 16-14-6.

(Ord. No. 14-2007, § 54-10, 6-4-2007)