Section 16-11-38. Wearing mask, hood, or device which conceals identity of wearer

   (a) A person is guilty of a misdemeanor when he wears a mask, hood, or device by which any portion of the face is so hidden, concealed, or covered as to conceal the identity of the wearer and is upon any public way or public property or upon the private property of another without the written permission of the owner or occupier of the property to do so.

(b) This Code section shall not apply to:

   (1) A person wearing a traditional holiday costume on the occasion of the holiday;

   (2) A person lawfully engaged in trade and employment or in a sporting activity where a mask is worn for the purpose of ensuring the physical safety of the wearer, or because of the nature of the occupation, trade, or profession, or sporting activity;

   (3) A person using a mask in a theatrical production including use in Mardi gras celebrations and masquerade balls; or

   (4) A person wearing a gas mask prescribed in emergency management drills and exercises or emergencies.

Ga. L. 1951, p. 9, §§ 3, 7; Code 1933, § 26-2913, enacted by Ga. L. 1968, p. 1249, § 1.