Section 32-6-52. Displays of nudity or sexual conduct on outdoor advertising visible from roadway prohibited; penalty

   (a) As used in this Code section, the term:

   (1) "Nudity" means the displaying of any portion of the human female breast below the top of the areola or the displaying of any portion of any human's pubic hair, anus, vulva, or genitals.

   (2) "Outdoor advertising" means any commercial advertisement displayed outdoors by means of billboards or signs.

   (3) "Sexual conduct" means acts of sexual intercourse, masturbation, sodomy, or fondling of a human's clothed or unclothed genitals, pubic area, buttocks, or, if the human is female, breast.

(b) The General Assembly finds and declares that outdoor advertising containing depictions of nudity or sexual conduct which are visible from the roadways of public roads may be startling or provocative and thereby divert the attention of motor vehicle drivers, thus causing real and substantial hazards to traffic safety. The General Assembly further declares that the purpose of this Code section is to protect the public welfare and safety against such hazards.

(c) No person shall display any outdoor advertising containing any depiction of nudity or sexual conduct when such depiction is visible from the roadway of any public road in the state highway system as defined in Code Section 32-4-1.

(d) (1) Any person who violates subsection (c) of this Code section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000.00.

   (2) Each day during which outdoor advertising is displayed in violation of subsection (c) of this Code section shall constitute a separate offense.

Code 1981, § 32-6-52, enacted by Ga. L. 2006, p. 691, § 2/HB 1097.