Legal Question in Business Law in Georgia
Local Government
We run a company allowing users to tube down the river and the river flows through the town we are located in. The city governement has passed and ordinace where no food or drink is allowed on the river to prevent littering (though actually it is just a ploy to ban alcohol - which we would be fine with). My first question is whether the city can actually enforce any laws on the river because it is my understanding that the land is owned under the river but the water is controlled by the department of natural resources. Also, when the police ticket someone for having food or drink on the river our company recieves a ticket as well. We have fully complied with the ordinance in regard to signs telling people what they cannot bring, we tell them what they cannot bring, and we will not let them on the shuttles with coolers or drinks. In short, we have made as good of an effort as we can possibly make without searching our customers, should we be held liable for actions our customers take that are outside of our policies and that we are clearly trying to stop?
1 Answer from Attorneys
Re: Local Government
The answer to both of your questions is going to hinge on the relationship among the DNR, your city and your county. Either you can do the research and legwork yourself or you can hire an attorney to do it.
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