Peachtree City is charging its residents more than the state law allows for golf cart registration.

The Official Code of Georgia Annotated (OCGA), Section 40-6-331(b) was amended in 2014 and specified a registration period. It states, “… a local authority may, by ordinance, require the local registration and licensing of PTVs operated within its boundaries at least once every five years for a fee not to exceed $15.00.”

Five years is the maximum time period between registrations. Shorter time periods are authorized such as once every four, three, or two years, or every year.

Regardless of the time period chosen, the maximum fee collected cannot exceed $15.

The city amended its ordinance in 2016 to reduce the registration period from every five years to every three years; and change the fee from $12 to $45. The city ordinance Section 78-92 (a)(3)a.1. states, “Registration year: $45.00 (for the subsequent three-calendar year period);”

The city ordinance is not in compliance with OCGA §40-6-331(b); and Council needs to amend the ordinance to comply with state law. Either chose an annual registration; or reduce the registration fee to $15.00 for the three-calendar year period.

The city has been collecting $30 more than is allowed by law; and residents can petition council for a refund.

The OCGA Section 48-5-380 outlines the procedure for a taxpayer to claim a refund for a license fee collected illegally or erroneously. A resident has two options.

A resident can submit to council a claim for a refund in writing stating the grounds for the claim. The claim must include a request for a conference or hearing if desired. The claim must be submitted within one year, so could be only for the 2023-2025 registration period. If the claim is denied, a suit can be filed.

A resident can forego requesting a refund and proceed directly to filing a suit, which must be filed within five years. The five-year limit would include not only the 2023-2025 registration period, but also the 2020-2022 registration period.

(The statements above are my understanding of the state law and city ordinance.)

John Dufresne

Peachtree City, Ga.