See Alford v. Public Service Commission, 262 Ga. 386 n. 2 ( 418 S.E.2d 13) (1992). See Inner Visions, Ltd. v. City of Smyrna, 260 Ga. 902, 903 ( 400 S.E.2d 915) (1991); see also Mayor of Savannah v. TWA, Inc., 233 Ga. 885, 886 ( 214 S.E.2d 370) (1975) (city must issue business licenses for adult bookstore and movie store when applicants had complied with all necessary requirements). Mandamus is an extraordinary remedy that is granted only when a petitioner has a clear legal right to the relief sought and no other adequate legal remedy.
"[I]t is well established by numerous decisions of this court that judicial notice can not be taken by the superior court or this court of city or county ordinances, but they must be alleged and proved." Leger v. Ken Edwards Enterprises,, 223 Ga. 536, 539 (2) ( 156 S.E.2d 651) (1967); see OCGA § 24-1-4; see also Mayor c. of Savannah v. TWA, 233 Ga. 885 ( 214 S.E.2d 370) (1975). Accordingly, we hold that the trial court erred in ordering appellants to comply with the terms of an ordinance not properly before the court.
Neither a trial court nor an appellate court may judicially notice a municipal ordinance. Mayor c. of Savannah v. T.W.A., Inc., 233 Ga. 885 ( 214 S.E.2d 370) (1975) and cits. Where an ordinance of a municipality is relied upon, it must be pleaded and proved in the trial court. Hernandez v. Bd. of Commrs. of Camden County, 242 Ga. 76 ( 247 S.E.2d 870) (1978) and cits.
This court cannot take judicial notice of municipal ordinances. Mayor c. of Savannah v. TWA, 233 Ga. 885, 887 ( 214 S.E.2d 370) (1975). The remaining enumerations of error are within the jurisdiction of the Court of Appeals.
Section 6 (a) empowers the civil service board to recommend rules and regulations with regard to demotions and reinstatements, but without reviewing the rules and regulations we cannot find a legal duty requiring the director of public safety to reinstate McClure following the decision of the civil service board. Since McClure successfully objected when the rules and regulations were offered into evidence and since such rules are not subject to judicial notice (see Mayor c. of Savannah v. TWA, Inc., 233 Ga. 885 ( 214 S.E.2d 370) (1975)), McClure did not sustain his burden of proof of showing that the director of public safety was under a legal duty to carry out the directive of the civil service board, and the trial court did not err in dismissing the petition. Collins v. McPhail, 213 Ga. 626 ( 100 S.E.2d 445) (1957).
The rules, regulations, and ordinances stand in the same status as private acts so that they must be pled and proved. Childers v. Richmond County, 266 Ga. 276 ( 467 S.E.2d 176) (1996); Mayor c. of Savannah v. TWA, Inc., 233 Ga. 885 ( 214 S.E.2d 370) (1975); Knutzen v. O'Leary, 210 Ga. App. 590 ( 437 S.E.2d 347) (1993). If the ordinance or regulations are set forth verbatim in the pleadings or an uncertified copy is attached to the complaint and the defendant admits the ordinance or regulations in the answer, then the ordinance or regulations have been proven. See Leger, supra at 539.
The governmental rules, regulations, and ordinances stand in the same status as private acts, so that they must be pled and proved by evidence. Childers v. Richmond County, 266 Ga. 276, 277 ( 467 S.E.2d 176) (1996); Mayor c. of Savannah v. TWA, Inc., 233 Ga. 885, 886-887 ( 214 S.E.2d 370) (1975). OCGA § 9-11-43 (c) reads "[a] party who intends to raise an issue concerning the law of another state or of a foreign country [or governmental rule not published by state authority] shall give notice in his pleadings or other reasonable written notice.
The rules, regulations, and ordinances stand in the same status as private acts so that they must be pled and proved. Childers v. Richmond County, 266 Ga. 276 ( 467 S.E.2d 176) (1996); Mayor c. of Savannah v. TWA, Inc., 233 Ga. 885 ( 214 S.E.2d 370) (1975); Knutzen v. O'Leary, 210 Ga. App. 590 ( 437 S.E.2d 347) (1993). If the ordinance or regulations are set forth verbatim in the pleadings or an uncertified copy is attached to the complaint and the defendant admits the ordinance or regulations in the answer, the uncertified copy or the verbatim pleading of the ordinance or regulations are part of a verified complaint, or certified copies were part of the complaint, then the ordinance or regulations have been proven.
During the bench trial, the trial court granted a directed verdict as to the offense of public drunkenness based upon the State's failure to introduce a local ordinance proving the offense. See, e.g., Mayor c. of Savannah v. TWA, 233 Ga. 885, 887 ( 214 S.E.2d 370). Appellant was convicted of misdemeanor obstruction. Appellant contends that his arrest for public drunk was without probable cause and was thus unlawful; appellant posits that since his arrest was unlawful, he had a right to resist it by shouting at the officer and attempting to walk away; therefore, appellant argues, the evidence was insufficient to support his conviction for obstruction. Held:
A copy of the citation, which referenced this code section, was admitted into evidence at trial. See Mayor c. of Savannah v. TWA, Inc., 233 Ga. 885, 886 ( 214 S.E.2d 370) (1975); Williamson v. City of Tallapoosa, 238 Ga. 522, 525 ( 233 S.E.2d 777) (1977). The court charged: "Disorderly conduct is defined as follows: It shall be unlaw (sic) for any person or persons to create any disturbance that is contrary to the peace and tranquillity enjoyed by the people, or inferred — or interfere with the lawful movement of a vehicular (sic) or disobey a lawful command from a law enforcement officer in the lawful performances of his duties, or engage in any of the following acts: