THE CODE OF THE CITY OF SUGAR HILL, GEORGIA · 2016-05-06 · 1 THE CODE OF THE CITY OF SUGAR HILL, GEORGIA Codified through Amendments of Dec., 2003. Adopted and Effective March

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THE CODE

OF THE CITY OF

SUGAR HILL, GEORGIA

Codified through

Amendments of Dec., 2003.

Adopted and Effective March 14, 2005

Updated March 24, 2009

Updated January, 2011

Updated April, 2012

Updated December 16, 2013

Updated August 19, 2014

Updated September 14, 2015

THE CODE

OF THE CITY OF

SUGAR HILL, GEORGIA

Published by Order of the Mayor and City Council

M MUNICIPAL CODE

CORPORATION

CC Tallahassee, Florida 2005

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OFFICIALS

of the

CITY OF

SUGAR HILL, GEORGIA

Steve Edwards

Mayor

Marc Cohen

Susie Gajewski

Brandon Hembree

Curtis Northrup

Mike Sullivan

City Council

Paul Radford

City Manager

Lee Thompson

Frank Hartley

City Attorney

Jane Whittington

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City Clerk

PREFACE

This Code constitutes a recodification of the general and permanent ordinances of the

City of Sugar Hill, Georgia.

Source materials used in the preparation of the Code were the 1988 Code, as amended

and supplemented, and ordinances adopted by the City Council. The source of each section is

included in the history note appearing in parentheses at the end thereof. The absence of such a

note indicates that the section is new and was adopted for the first time with the adoption of the

Code. By use of the comparative tables appearing in the back of this Code, the reader can locate

any section of the 1988 Code, as supplemented and amended, and any subsequent ordinance

included herein.

The chapters of the Code have been conveniently arranged in alphabetical order, and the

various sections within each chapter have been catch lined to facilitate usage. Notes which tie

related sections of the Code together and which refer to relevant state law have been included. A

table listing the state law citations and setting forth their location within the Code is included at

the back of this Code.

Chapter and Section Numbering System

The chapter and section numbering system used in this Code is the same system used in

many state and local government codes. Each section number consists of two parts separated by

a dash. The figure before the dash refers to the chapter number, and the figure after the dash

refers to the position of the section within the chapter. Thus, the second section of chapter 1 is

numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is

identified with its chapter, and at the same time new sections can be inserted in their proper place

by using the decimal system for amendments. For example, if new material consisting of one

section that would logically come between sections 6-1 and 6-2 is desired to be added, such new

section would be numbered 6-1.5. New articles and new divisions may be included in the same

way or, in the case of articles, may be placed at the end of the chapter embracing the subject,

and, in the case of divisions, may be placed at the end of the article embracing the subject. The

next successive number shall be assigned to the new article or division. New chapters may be

included by using one of the reserved chapter numbers. Care should be taken that the

alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of

the colon are an abbreviation which represents a certain portion of the volume. The number to

the right of the colon represents the number of the page in that portion. In the case of a chapter of

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the Code, the number to the left of the colon indicates the number of the chapter. In the case of

an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the

appendix. The following are typical parts of codes of ordinances, which may or may not appear in

this Code at this time, and their corresponding prefixes:

CHARTER CHT:1

RELATED LAWS RL:1

CHARTER

COMPARATIVE TABLE

CHTCT:1

RELATED LAWS

COMPARATIVE TABLE

RLCT:1

CODE CD1:1

CODE COMPARATIVE

TABLES

CCT:1

STATE LAW

REFERENCE TABLE

SLT:1

CHARTER INDEX CHTi:1

CODE INDEX CDi:1

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been

placed under several headings, some of which are couched in lay phraseology, others in legal

terminology, and still others in language generally used by local government officials and

employees. There are numerous cross references within the indexes themselves which stand as

guideposts to direct the user to the particular item in which the user is interested.

Loose leaf Supplements

A special feature of this publication is the loose leaf system of binding and supplemental

servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent

amendatory legislation will be properly edited, and the affected page or pages will be reprinted.

These new pages will be distributed to holders of copies of the publication, with instructions for

the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the

publication. As revised pages are received, it will then become the responsibility of the holder to

have the amendments inserted according to the attached instructions. It is strongly recommended

by the publisher that all such amendments be inserted immediately upon receipt to avoid

misplacing them and, in addition, that all deleted pages be saved and filed for historical reference

purposes.

Acknowledgments

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This publication was under the direct supervision Roger D. Merriam, Senior Code

Attorney, and Ellen K. Torof, Editor, of the Municipal Code Corporation, Tallahassee, Florida.

Credit is gratefully given to the other members of the publisher's staff for their sincere interest

and able assistance throughout the project.

The publisher is most grateful to the city staff for their cooperation and assistance during

the progress of the work on this publication. It is hoped that their efforts and those of the

publisher have resulted in a Code of Ordinances which will make the active law of the city

readily accessible to all citizens and which will be a valuable tool in the day-to-day

administration of the city's affairs.

Copyright

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation

and the City of Sugar Hill, Georgia. Editorial enhancements include, but are not limited to:

organization; table of contents; section catch lines; prechapter section analyses; editor's notes;

cross references; state law references; numbering system; code comparative table; state law

reference table; and index. Such material may not be used or reproduced for commercial

purposes without the express written consent of Municipal Code Corporation and the City of

Sugar Hill, Georgia. © Copyrighted material. Municipal Code Corporation and the City of Sugar

Hill, Georgia. 2005.

TABLE OF CONTENTS

Officials of the City at the Time of this Recodification…… iii

Current Officials (Reserved) .......... v

Preface........... vii

Adopting Ordinance

THE MAYOR AND COUNCIL OF THE CITY OF SUGAR HILL HEREBY ORDAIN:

Section 1. The publication entitled “The Code of the City of Sugar Hill, Georgia,”

published by Municipal Code Corporation, consisting of chapters 1 through 74, each inclusive, is

hereby adopted.

Section 2. Any ordinances included in the version of the Sugar Hill Code adopted June

13, 1988 and not included in or recognized and continued in force by reference in the version of

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the Code adopted by this Ordinance are hereby repealed with the exception of the Ordinances

contained in Section 3, below.

Section 3. The following are specifically not repealed by the enactment of the Sugar Hill

Code adopted by this Ordinance:

a) The Zoning Ordinance of the City of Sugar Hill;

b) The Development Regulations of the City of Sugar Hill;

c) The Buffer, Landscape or Tree Ordinances of the City of Sugar Hill;

d) The Soil Erosion and Sediment Control Ordinance;

e) Any other similar or related land use ordinances adopted by and placed in affect by the

City of Sugar Hill;

f) Any grants of franchises by the City of Sugar Hill; and

g) Other ordinances intentionally not included in or that have been intentionally removed

from the codification of this or prior versions of the Sugar Hill Code.

Section 4. The repeal provided for in Section 2 hereof shall not be construed to revive

any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed

by this ordinance.

Section 5. Unless another penalty is expressly provided, every person convicted of a

violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in

pursuance thereof shall be punished by a fine not to exceed $1,000.00, imprisonment for a period

of not more than six months, or any combination thereof. Except as otherwise provided by law

or ordinance, with respect to violations of this Code that are continuous with respect to time,

each day that the violation continues is a separate offense, and with respect to other violations,

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each violation constitutes a separate offense. The penalty provided by this section, unless

another penalty is expressly provided, shall apply to the amendment of any Code section,

whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty

prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive

relief and revocation of licenses or permits.

Section 6. Additions or amendments to the Code when passed in such form as to indicate

the intention of the City Council to make the same as part of the Code shall be deemed to be

incorporated in the Code, so that reference to the Code includes the additions and amendments.

Section 7. Ordinances adopted after November 1, 2001 that amend or refer to ordinances

that have been codified in the Code shall be construed as if they amend or refer to like provisions

of the Code.

Section 8. This ordinance shall become effective upon approval of the Mayor and

Council of the City of Sugar Hill.

Chapter

Part I

CHARTER AND RELATED LAWS

Subpt. A. Charter …… CHT:1

Sec. 1 ……. CHT:5

Art. I. Creation, Incorporation, and Powers ….. CHT:5

Art. II. Governing Body …… CHT:11

Art. III. Executive Branch …… CHT:16

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Art. IV. Municipal Court …… CHT:19

Art V. Elections …… CHT:21

Art. VI. Finance and Fiscal ........... CHT:23

Art. VII. General Provisions .......... CHT:28

Sec. 2. [Effective Date] .......... CHT:62

Sec. 3. [Conflicts] ......... CHT:62

Subpt. B. Related Laws .......... RL: 1

Charter Comparative Table--Georgia Laws .......... CHTCT: 1

Related Laws Comparative Table--Georgia Laws RLCT:3

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PART II

CODE OF ORDINANCES

1. General Provisions …… CD1 :1

2. Administration …… CD2: 1

Art. I. In General …… CD2:3

Art. II. Mayor and Council …… CD2:7

Div. 1. Generally …… CD2:7

Div. 2. Meetings …… CD2:8

Art. III. Officers and Employees …… CD2:12


Div. 2. City Clerk …… CD2:13

Div. 3. City Manager …… CD2:14

Div. 4. City Attorney …… CD2:17

Div. 5. Code of Ethics …… CD2:18

Art. IV. Boards and Commissions …… CD2:22


Div. 2. Recreation Board …… CD2:23

3-- 5. Reserved …… CD3:1

6. Alcoholic Beverages …... CD6:7


Art. II. Retail Sale of Malt Beverages …… CD6:7


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Div. 2. License …… CD6:7

Div. 3. Operational Requirements and Restrictions …… CD6:10

Art. III. Retail Sale of Wine .......... CD6:12

Div. 1. Generally ............ CD6:12

Div. 2. License ............ CD6:12

Art. IV. Sale of Malt Beverages and Wine .......... CD6:16



Div. 3. Alcoholic Beverage Review Board …… CD6:27

Div. 4. Operational Requirements and Restrictions …… CD6:29

Div. 5. Beer and/or Wine Wholesaler Licensing and Regulations …… CD6:40

Art. V. Sale of Spirituous Liquor for On-Premises Consumption …… CD6:44

Div. 1. Generally ............ CD6:44

Div. 2. License ............ CD6:48

Div. 3. Operational Requirements and Restric tions ........... CD6:56

Div. 4. Alcoholic Beverage Review Board ............ CD6:69

Div. 5. Excise Tax ............ CD6:70

7--9. Reserved ............ CD7:1

10. Animals ......... CD10:1


Art. II. Animal Control …… CD10:4

11--13.Reserved ......... CD11:1

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14. Buildings and Building Regulations CD14:1

Art. I. In General …… CD 14:3

Art. II. Technical Codes …… CD14:3

Art. III. Swimming Pools ........... CD14:4

Div. 1. Generally........... CD14:4

Div. 2. Private Residential Pools ............ CD14:4

Div. 3. Minimum Standards for Swimming Pools, Public Spas, Pools and

Bathhouses. . . . . CD14:9

Subdiv. I. In General ......... CD14:9

Subdiv. II. Public Pools ......... CD14:15

Subdiv. III. Spas ........ CD14:26

Subdiv. IV. Bathhouses ................... CD14:28

Art. IV. Ultra-Low-Flow Plumbing Fixtures ............ CD14:29

15-17.Reserved ........... CD15:1

18. Businesses …… CD18:1

Art. I. In General …… CD1 8:5

Art. II. Game Machines, Vending Machines and Other Recreational Machines

…… CD1 8:5



Art. III. Yard Sales .......... CD1 8:9

Art. IV. Pawnbrokers and Pawnshops .......... CD18:10

Div. 1. Generally........... CD18:10

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Div. 2. Annual Permit ............. CD18:17

Art. V. Food Sales …… CD18:18



Art. VI. Food Vending Vehicles ........... CD18:19

Div. 1. Generally ........... CD18:19

Div. 2. License ........... CD18:20

Art. VII. Massage or Spa Establishments .......... CD18:22

Div. 1. Generally ........... CD18:22

Div. 2. License ........... CD18:25

Art. VIII. Adult Entertainment Establishments ......... CD1 8:30

Div. 1. Generally ........... CD18:30

Div. 2. License ........... CD18:40

Subdiv. I. In General ............ CD1 8:40

Subdiv. II. Application .......... CD1 8:42

Div. 3. Appeals ........... CD18:47

19-21.Reserved .......... CD19:1

22. Emergency Management and Emergency Services CD22: 1


Art. II. Emergency Management Organization …… CD22:3

23-25.Reserved …… CD23:1

26. Environment …... CD26: 1

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Art. II. Wetlands …… CD26:3

Div. 1. Generally ........... CD26:3

Div. 2. Wetlands Protection District ........... CD26:3

Subdiv. I. In General .......... CD26:3

Subdiv. II. Local Development Permits ......... CD26:8

27-29.Reserved .......... CD27: 1

30. Fire Prevention and Protection .......... CD30: 1

31-33.Reserved CD31:1

34. Floods …… CD34:1


Art. II. Flood Damage Prevention …… CD34:3


Div. 2. Administration …… CD34:9

Div. 3. Flood Hazard Reduction …… CD34:1 1


38. Health and Sanitation …… CD38:1


Art. II. Storage of Junk …… CD38:3

Art. III. Noise Control …… CD38:6

Art. IV. Tourist Courts …… CD38:10

Art. V. Vector Control …… CD38:17


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42. Law Enforcement …… CD42: 1

43-45 .Reserved …… CD43:1

46. Municipal Court …… CD46: 1


Art. II. Indigent Defense Program …… CD46:5

47-49.Reserved ............ CD47: 1

50. Nuisances ........... CD50:1

51-53.Reserved ............ CD51:1

54. Offenses and Miscellaneous Provisions .......... CD54: 1

55. Reserved .......... CD55:1

56. Mobile Homes and Mobile Home Parks …… CD56:1


Art. II. License Permits …… CD56:7

Art. III. Plans and Specifications …… CD56:9

57. Reserved ......... CD57:1

58. Parks and Recreation …… CD58:1


Art. II. Public Parks and Recreation Facilities …… CD58:3


62. Planning …… CD62: 1


Art. II. Planning Commission …… CD62:3

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63-65 .Reserved CD63:1

66. Solid Waste …… CD66: 1


Art. II. Litter Control …… CD66:3

Art. III. Solid Waste Management …… CD66:6

67-69.Reserved ........... CD67: 1

70. Taxation …… CD70: 1


Art. II. Occupation Tax …… CD70:3

Art. III. Insurers …… CD70:15

Art. IV. Financial Institutions …… CD70:16

Art. V. Psychic Reading, Fortune Telling and Related Practices …… CD70: 17


74. Utilities …… CD74: 1


Art. II. Prevention of Damage to Underground Utilities …… CD74:3

Art. III. Fees and Charges …… CD74:7

Art. IV. On-site Sewage Management Systems …… CD74:9

Code Comparative Table--1988 Code ......... CCT:1

Code Comparative Table--Ordinances ........ CCT:3

State Law Reference Table ..........SLT:1

Charter Index ......... CHTi:1

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Code Index ............. CDi:1

PART I

CHARTER AND RELATED LAWS

Subpart A CHARTER*

* Editors Note: Printed in this subpart is the city charter being 1975 Ga. Laws (Act No. 227), page 3232, as

amended in full by 2003 Ga. Laws (Act No. 19) p. 3546). Amendments are indicated by parenthetical history notes

following amended provisions. The absence of a history note indicates that the provision remains unchanged from the

original. Obvious misspellings have been corrected without notation. For stylisti c purposes, a uniform system of headings,

catch lines and citations to state statutes has been used. Additions made for clarity are indicated by brackets.

Section 1.

Article I. Creation, Incorporation, and Powers

Sec. 1.10. Incorporation.

Sec. 1.11. Corporate boundaries.

Sec.1.12. Specific powers.

Sec. 1.13. General powers.

Sec. 1.14. Construction.

Sec. 1.15. Exercise of powers.

Sec. 1.16. Ordinances.

Article II. Governing Body

Sec. 2.10. Creation; composition; number; election.

Sec. 2.11. Terms of office.

Sec. 2.12. Qualification of office.

Sec. 2.13. Mayor Pro tempore.

Sec. 2.14. Vacancy; forfeiture of office; filling of vacancies.

Sec. 2.15. Compensation and expenses.

Sec. 2.16. Prohibitions.

Sec. 2.17. Inquiries and investigations.

Sec. 2.18. General power and authority of the council.

Sec. 2.19. Powers and duties of mayor.

Sec. 2.20. Organizational meeting.

Sec. 2.21. Regular and special meetings.

Sec. 2.22. Rules of procedure.

Sec. 2.23. Quorum voting.

Sec. 2.24. Action requiring an ordinance.

Sec. 2.25. Reserved.

Sec. 2.26. Codes of technical regulations.

Sec. 2.27. Submission of ordinances to the mayor; authenticating, recording, codification, printing.

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Article III. Executive Branch

Sec. 3.10. Administrative and service departments

Sec. 3.11. Boards, commissions and authorities.

Sec. 3.12. City manager.

Sec. 3.13. City attorney.

Sec. 3.14. City clerk.

Sec. 3.15. Tax collector.

Sec. 3.16. City accountant.

Sec. 3.17. Consolidation of functions.

Sec. 3.18. Position classification and pay plans.

Sec. 3-19. Personnel policies.

Article IV. Municipal Court

Sec. 4.10. Creation.

Sec. 4.11. Judge.

Sec. 4.12. Convening.

Sec. 4.13. Jurisdiction; powers.

Sec. 4.14. Certiorari. Sec.

Sec. 4.15. Rules for court.

Article V. Elections

Sec. 5.10. Regular elections; time for holding.

Sec. 5.11. Qualifying; nomination of candidates; absentee ballots.

Sec. 5.12. Nonpartisan elections.

Sec. 5.13. Election by majority.

Sec. 5.14. Applicability of general laws.

Sec. 5.15. Special elections; vacancies.

Sec. 5.16. Grounds for removal.

Sec. 5.17. Procedure for removal.

Article VI. Finance and Fiscal

Sec. 6.10. Property taxes.

Sec. 6.11. Tax Levy

Sec. 6.12. Tax due dates and tax bills.

Sec. 6.13. Collection of delinquent taxes.

Sec. 6.14. Licenses, occupational taxes, excise taxes.

Sec. 6.15. Sewer service charges; sanitary and health services charge.

Sec. 6.16. Franchises

Sec. 6.17. Special assessments.

Sec. 6.18. Transfer of executions.

Sec. 6.19. General obligation bonds.

Sec. 6.20. Revenue bonds.

Sec. 6.21. Short-term notes.

Sec. 6.22. Fiscal year.

Sec. 6.23. Preparation of budgets.

Sec. 6.24. Submission of operating budget to city council.

Sec. 6.25. Action by council on budget.

Sec. 6.26. Property tax levies.

Sec. 6.27. Additional appropriations.

Sec. 6.28. Capital improvements budget.

Sec. 6.29. Contracting procedures.

Sec. 6.30. Centralized purchasing and disposition of city property.

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Article VII. General Provisions

Sec. 7.10. Official bonds.

Sec. 7.11. Existing ordinances and regulations.

Sec. 7.12. Section captions.

Sec. 7.13. Penalties.

Sec. 7.14. Severability.

Sec. 7.15. Effective date.

Sec. 7.16. Repealer.

Exhibit A

Section 2./[Effective Date.]

Section 3.[Conflicts]

SECTION 1.

An act providing a new charter for the City of Sugar Hill, Georgia, approved April 17, 1975 (Ga.

L. 1975, p. 3232), as amended, is hereby amended by striking Sections 1.10 through 7.17 in their

entirety and inserting in lieu thereof the following:

ARTICLE I.

CREATION, INCORPORATION, AND POWERS Section 1.10. Incorporation.

The City of Sugar Hill, Georgia, in the County of Gwinnett, and the inhabitants thereof

shall continue to be a body politic and corporate under the same name and style of the City of

Sugar Hill, Georgia. Under that name, said city shall continue to be vested with all of the

property and rights of property which now belong to the corporation; shall have perpetual

succession; may sue and be sued; may contract and be contracted with; may acquire and hold

such property, real and personal, as may be devised, bequeathed, sold, or in any manner

conveyed or dedicated to or otherwise acquired by it, and from time to time may hold or invest,

sell, or dispose of the same; may have a common seal and alter and renew the same at will; and

may exercise, in conformity with this charter, all municipal powers, functions, rights, privileges,

and immunities of every name and nature whatsoever.

Section 1.11. Corporate boundaries.

The City of Sugar Hill shall encompass all of the territory described within the following

boundaries:

(a) The boundaries of the city shall be those existing on the effective date of the

adoption of this charter and as further described in Exhibit A which is attached to

this charter and incorporated in this charter by reference. Upon the adoption of this

charter, the boundaries of the city shall include all of that area as described in the

previous city charter (Ga. L. 1975, p. 3232) as well as any areas added by

amendment to said charter, and by all annexation ordinances adopted by the

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mayor and council of the City of Sugar Hill since the adoption of that charter. The

boundaries of the city shall include those areas as shown on a map titled the

Official Map of the Corporate Limits of the City of Sugar Hill, Georgia, dated

March 2003, which map shall be retained permanently in the office of the city

clerk and which map is incorporated herein by reference. Alterations of the

boundary of the city may be made from time to time in any manner provided by

law. Boundaries of the city shall be shown at all times on a map to be retained

permanently in the office of the city clerk and entitled Official Map of the

Corporate Limits of the City of Sugar Hill, Georgia. Photographic, typed, or other

copies of such maps certified by the city clerk shall be admitted as evidence in all

courts and shall have the same force and effect as with the original map.

(b) The city council may provide for the redrawing of such map by ordinance to

reflect lawful changes in the corporate boundaries. The redrawn map shall

supercede for all purposes the entire map or maps which it is designated to

replace.

Section 1.12. Specific powers.

The corporate powers of the government of the City of Sugar Hill, to be exercised by the

governing authority, may include the following:

(1) Air and water pollution. To regulate the emission of smoke or other exhaust which

pollutes the air and to prevent the pollution of natural streams which flow within the

corporate limits of the city;

(2) Animal regulations. To regulate and license or prohibit the keeping or running at large of

animals and fowl and to provide for the impoundment of same if in violation of any

ordinance or lawful order; to provide for their disposition by sale, gift, or humane

destruction, when not redeemed as provided by ordinance;

(3) Appropriations and expenditures. To make appropriations for the support of the

government of the city; to authorize the expenditure of money for any purposes

authorized by this charter and for any purpose for which a municipality is authorized by

the laws of the State of Georgia; and to provide for the payment of expenses of the city;

(4) Building regulations. To establish minimum standards for and to regulate the erection,

construction, and repair of buildings and all other structures; to adopt building, housing,

plumbing, electrical, gas, and heating and air conditioning codes; to regulate all housing,

building, and building trades; to license all building trades; and to license the construction

and erection of buildings and all other structures for the health, sanitation, cleanliness,

welfare, and safety of inhabitants of the city;

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(5) Business regulation and taxation. To levy and to provide for the collection of license

fees and taxes on privileges, occupations, trades, and professions, and to license and

regulate such privileges, occupations, trades, and professions, and to provide for the

manner and method of payment of such licenses and taxes;

(6) Condemnation. To condemn property, inside or outside the corporate limits of the city,

for present or future use and for any corporate purpose deemed necessary by the

governing authority, under the provisions of Title 22 of the O.C.G.A. [O.C.G.A. tit. 22]

or such other laws as are or may exist or hereafter be enacted;

(7) Contracts. To enter into contracts and agreements with other governmental entities and

with private persons, firms, and corporations providing for services to be furnished and

payments to be made therefore;

(8) Emergencies. To establish procedures for determining and proclaiming that an

emergency situation exists within or without the city and to make and carry out all

reasonable provisions deemed necessary to deal with or meet such an emergency for the

protection, safety, health, or well-being of the citizens of the city;

(9) Environmental protection. To protect and preserve the natural resources, environment,

and vital areas of the city, region, and state through the preservation and improvement of

air quality, the restoration and maintenance of water resources, the control of erosion and

sedimentation, and other necessary actions for the protection of the environment;

(10) Fire regulations. To fix and establish fire limits and from time to time to extend, enlarge,

or restrict the same; to prescribe fire safety regulations not inconsistent with general law,

relating to both fire prevention and detection and to fire fighting;

(11) Garbage fees. To levy, fix, assess, and collect a garbage, refuse, and trash collection and

disposal and other sanitary service charge, tax, or fee for such services as may be

necessary in the operation of the city from all individuals, firms, and corporations residing

in or doing business therein benefiting from such services; to enforce the payment of such

charges, taxes, or fees; and to provide for the manner and method of collecting such

service charges;

(12) General health and safety. To define, regulate, and prohibit any act, practice, conduct, or

use of property which is detrimental, or likely to be detrimental, to the health, sanitation,

cleanliness, welfare, and safety of the inhabitants of the city and to provide for the

enforcement of such standards;

(13) Gifts. To accept or refuse gifts, donations, bequests, or grants from any source for any

purpose related to the powers and duties of the city and the general welfare of its citizens,

on such terms and conditions as the donor or grantor may impose;

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(14) Health and sanitation. To prescribe standards of health and sanitation and to provide

for the enforcement of such standards;

(15) Jail sentences. To provide that persons given jail sentences in the city's court shall work

out such sentences in any public works or on the streets, roads, drains, and squares in the

city; or to provide for commitment of such persons to any county work camp or jail by

agreement with the appropriate county officials;

(16) Motor vehicles. To regulate the operation of motor vehicles and exercise control over all

traffic, including parking, upon or across the streets, loads, alleys, and walkways of the

city;

(17) Municipal agencies and delegation of power. To create, alter, or abolish departments,

boards, offices, commissions, and agencies of the city and to confer upon such agencies

the necessary and appropriate authority for carrying out all the powers conferred upon

or delegated to the same;

(18) Municipal debts. To appropriate and borrow money for the payment of debts of the city

and to issue bonds for the purpose of raising revenue to carry out any project,

program, or venture authorized by this charter or the laws of the State of Georgia;

(19) Municipal property ownership. To acquire, dispose of, and hold in trust or otherwise,

any real, personal, or mixed property, in fee simple or lesser interest, inside or outside the

property limits of the city;

(20) Municipal property protection. To provide for the preservation and protection of

property and equipment of the city and the administration and use of the same by the

public;

(21) Municipal utilities. To acquire, lease, construct, operate, maintain, sell, and dispose of

public utilities, including, but not limited to a system of waterworks, sewers and drains,

sewage disposal, gas works, electric lights plants, transportation facilities, public

airports, and any other public utility; to fix the taxes, charges, rates, fares, fees,

assessments, regulations, and penalties; and to provide for withdrawal of service for

refusal or failure to pay the same and the manner in which such remedies shall be

enforced;

(22) Nuisances. To define a nuisance and provide for its abatement whether on public or

private property;

(23) Penalties. To provide penalties for violations of any ordinance adopted pursuant to the

authority of this charter and the laws of the State of Georgia;

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(24) Planning and zoning. To provide comprehensive city planning for development by zoning

and to provide subdivision regulation and the like as the city council deems necessary and

reasonable to ensure a safe, healthy, and aesthetically pleasing community;

(25) Police protection. To exercise the power of arrest through duly appointed police

officers or in any other manner provided by the general laws of the State of Georgia;

(26) Public hazards; removal. To provide for the destruction and removal of any building

or other structure which may or might become dangerous or detrimental to the public;

(27) Public improvements. To provide for the acquisition, construction, building, operation,

and maintenance of public ways, parks and playgrounds, recreational facilities,

cemeteries, markets and market houses, public buildings, libraries, sewers, drains,

sewerage treatment, airports, hospitals, and charitable, cultural, educational, recreational,

conservation, sport, curative, corrective, detentional, penal, and medical institutions,

agencies, and facilities; and to provide any other public improvements, inside or outside

the corporate limits of the city; and to regulate the use thereof, and for such purposes,

property may be acquired by condemnation under Title 22 of the O.C.G.A. or such other

laws as are or may hereafter be enacted;

(28) Public peace. To adopt ordinances and regulations for the prevention of loitering,

disorderly conduct, public drunkenness, the playing of lotteries, and disturbing the peace

in the corporate limits of the city and to prohibit or regulate by ordinance such other

conduct and activities within said city which, while not constituting an offense against the

laws of this state, is deemed by the governing authority to be detrimental and offensive to

the peace and good order of the city or to the welfare of the citizens thereof;

(29) Public transportation. To organize and operate such public transportation systems as are

deemed beneficial;

(30) Public utilities and services. To grant franchises or make contracts for public utilities and

public services, not to exceed periods of 50 years; to prescribe the rates, fares, regulations,

and standards and conditions of service applicable to the service to be provided by the

franchise grantee or contractor, insofar as not in conflict with such regulations of the

Georgia Public Service Commission;

(31) Regulation of roadside areas. To prohibit or regulate and control the erection, removal,

and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other

structures or obstructions upon or adjacent to the rights of way of streets and roads or

within view thereof within or abutting the corporate limits of the city;

(32) Retirement. To provide and maintain a system of pensions and retirement for officers and

employees of the city;

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(33) Roadways. To lay out, open, extend, widen, narrow, establish, or change the grade of,

abandon, or close, construct, pave, curb, gutter, adorn with shade trees, otherwise

improve, maintain, repair, clean, prevent erosion of, and light roads, alleys, and

walkways within the corporate limits of the city;

(34) Sewer fees. To levy a fee, charge, or sewer tax as necessary to assure the acquiring,

constructing, equipping, operation, maintaining, and extending of a sewage disposal plant

and sewerage system and to levy on the users of sewers and the sewerage system a sewer

service charge fee or sewer tax for the use of the sewers; to provide for the manner and

method of collecting such service charges and for enforcing payment of the same; to

charge, impose, and collect a sewer connection fee or fees, and to charge the same from

time to time, such fees to be levied on the users connecting with the sewerage system;

(35) Sidewalks. To require real estate owners to repair and maintain in a safe condition the

sidewalks adjoining their lots or lands and to enact ordinances establishing the terms

and conditions under which such repairs and maintenance shall be effected, including

the penalties to be imposed for failure to do so;

(36) Solid waste disposal. To provide for the collection and disposal of garbage, rubbish, and

refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by

others including the granting of exclusive or nonexclusive franchises for such services;

and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and

other recyclable materials and to provide for the sale of such items;

(37) Special areas of public regulation. To regulate or prohibit junk dealers, pawnshops, the

manufacture, sale, or transportation of intoxicating liquors, and the use and sale of

firearms; to regulate the transformation, storage, and use of combustible explosive and

inflammable materials, the use of lighting and heating equipment, and any other business

or situation which may be dangerous to persons or property; to regulate and control the

conduct of peddlers and itinerate trades, theatrical performances, exhibitions, and shows

of any kind by taxation or otherwise;

(38) Special areas of public regulation. To license, tax, regulate, or prohibit professional

fortunetelling or palmistry;

(39) Special assessments. To levy and provide for the collection of special assessments to

cover the costs for any public improvements;

(40) Taxes: ad valorem and other. To levy and to provide for the assessment, valuation,

revaluation, and collection of taxes on all property subject to taxation;

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(41) Taxicabs. To regulate and license vehicles operated for hire in the city; to limit the

number of such vehicles; to require the operators thereof to be licensed; to require public

liability insurance on such vehicles in the amounts to be prescribed by ordinance; and to

regulate and rent parking spaces in public ways for the use of such vehicles;

(42) Urban redevelopment. To organize and operate an urban redevelopment program;

(43) Welfare: general. To make, ordain, and establish such bylaws, ordinances, rules, and

regulations as shall appear necessary for the security, welfare, convenience, and interest

of the city and the inhabitants thereof, and for preserving the health, peace, order, and

good government of the city; and

(44) Other powers. To exercise and enjoy all other powers, functions, rights, privileges, and

immunities necessary or desirable to promote or protect the safety, health, peace,

security, good order, comfort, convenience, or general welfare of the city and its

inhabitants; and to exercise all implied powers necessary to carry into execution all

powers granted in this charter as fully and completely as if such powers were fully

enumerated herein; and to exercise all powers now or in the future authorized to be

exercised by other municipal governments under other laws of the State of Georgia; and

no enumeration of particular powers in this charter shall be held to be exclusive of others

nor restrictive of general words and phrases granting powers, but shall be held to be in

addition to such powers unless expressly prohibited to municipalities under the

Constitution or applicable laws of the State of Georgia.

Section 1.13. General powers.

In addition to all other powers herein granted, the city shall be vested with any and all

powers which municipal corporations are, or may hereafter be, authorized or required to exercise

under the Constitution and laws of the State of Georgia, as fully and completely as though such

powers were specifically enumerated herein, and any and all powers which the city was

heretofore authorized to exercise upon the effective date of this charter.

Section 1.14. Construction.

The powers of the city shall be construed liberally and in favor of the city. The

specific mention or failure to mention particular powers in this charter shall not be construed

as limiting in any way the general power of the city as stated in this charter. It is the intention

hereof to grant the city full power and right to exercise all governmental authority necessary

for the effective operation and conduct of the city and all of its affairs.

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Section 1.15. Exercise of powers.

All powers, functions, rights, privileges, and immunities of the city and its officers,

agencies, or employees shall be carried into execution as provided by this charter. If this charter

makes no provision, such powers, functions, rights, privileges, and immunities shall be carried into

execution as provided by ordinance of the governing authority and as provided by pertinent laws

of the State of Georgia.

Section 1.16. Ordinances.

All ordinances, bylaws, rules, and regulations now in force in the city not inconsistent

with this charter are hereby declared valid and of full effect and force until amended or repealed

by the governing authority.

ARTICLE II.

GOVERNING BODY

Section 2.10. Creation; composition; number; election.

The legislative authority of the government of the City of Sugar Hill, except as

otherwise specifically provided in this charter, shall be vested in a city council to be composed

of a Mayor and five Council Members. The Mayor and Council Members shall be elected in

the manner provided by Article V of this charter.

Section 2.11. Terms of office.

The Mayor and members of the city council shall serve for terms of four years and until

their respective successors are elected and qualified. The Mayor and Council Members who hold

posts 4 and 5 shall be elected in the same year. The Council Members who hold posts 1, 2, and 3

shall be elected in the same year. No person shall be eligible to serve as mayor or councilmember

unless that person shall have been a resident of Sugar Hill for one year prior to the date of

election as mayor or councilmember; each shall continue to reside therein during that person's

term of office and to be registered and qualified to vote in municipal elections of this city.

Section 2.12. Qualification of office.

No person shall be eligible to hold any office under this act who is not an eligible voter

and has not been a resident of the city for 12 months prior to the date of the election. Each shall

continue to reside in the city therein during that member's tenure of service.

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Section 2.13. Mayor Pro tempore.

At the first meeting of the city council by majority vote in each odd-numbered year,

the council shall choose from its own number a mayor pro tempore, who, in the absence,

sickness, or disqualification of the mayor, shall be clothed with all rights, privileges, and duties

of the mayor. If the mayor elected by the people and the mayor pro tempore shall be unable

from any cause to attend to their duties, the council shall immediately elect from any one of

the remaining Council Members another mayor pro tempore, who shall thereby be clothed

with all the powers, rights, and duties of the mayor of the city upon taking the usual oath.

Section 2.14. Vacancy; resignation of current office; forfeiture of office; filling of vacancies.

(a) Vacancies. The office of mayor and councilmember shall become vacant upon

the incumbent’s death, resignation, forfeiture of office or removal from office in

any manner authorized by this charter or the laws of the State of Georgia.

(b) Resignation of current office. The mayor, any councilmember, or any other

elected official of the City, shall first resign from the office then held before

qualifying to run for any elected public office other than for re-election to the

same office/post that such person may then be holding, their resignation must be

effective no later than the last day of qualification for the office sought by such

person.

(c) Forfeiture of office. The mayor or any councilmember shall forfeit office if he or

she:

(1) Lacks at any time during the term of office any qualifications of the office

as prescribed by this charter or the laws of the State of Georgia; or

(2) Is convicted of a felony involving moral turpitude.

(d) Filling of vacancies. A vacancy in the office of mayor or councilmember shall be

filled for the remainder of the unexpired term, if any, as provided for in Article V

of this charter.

Amend. January, 2010.

Section 2.15. Compensation and expenses.

The Mayor and Council Members shall receive as compensation for their services an

amount which may be determined from time to time by majority vote of the council; provided,

however, that there shall be no change of compensation by either increase or decrease during the

term of any councilmember, mayor, or mayor pro tempore in office at the time of any such change

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of compensation. The Mayor and Council Members shall be entitled to receive their actual and

necessary expenses incurred in the performance of their duties of office.

Section 2.16. Prohibitions.

(a) Holding other office. Except as authorized by law, no council member shall

hold any other elective city office or city employment during the term for

which he or she was elected.

(b) Voting when personally interested. Neither the mayor nor any other council

member shall vote upon any question in which he or she is personally

interested.

(c) Dealing with city. No person holding office under this charter shall at any time

during the term of which he or she was elected or appointed, or while in office, be

capable of contracting with the city for the performance of any work or the sale of

anything which is to be paid for out of the treasury, nor shall any such person be

capable of holding or having any interest in such contracts entered into by himself

or herself or another, directly or indirectly.

Section 2.17. Inquiries and investigations.

The council may make inquiries and investigations into the affairs of the city and the

conduct of any department, office, or agency thereof and for this purpose may administer oaths,

take testimony, and require the production of evidence. Any person who fails or refuses to obey a

lawful order issued in the exercise of these powers by the city council shall be punished as

provided by ordinance.

Section 2.18. General power and authority of the council.

(a) Except as otherwise provided by law or by this charter, the council shall be

vested with all the powers of government of the City of Sugar Hill as provided

by Article 1 of this charter.

(b) In addition to all other powers conferred upon it by law, the council shall have the

authority to adopt and provide for the execution of such ordinances, resolutions,

rules, and regulations, not inconsistent with this charter, the Constitution, and the

laws of the State of Georgia, which it shall deem necessary, expedient, or helpful

for the peace, good order, protection of life and property, health, welfare,

sanitation, comfort, convenience, prosperity, or well-being of the inhabitants of

the City of Sugar Hill and may enforce such ordinance by imposing penalties for

violation thereof.

(c) By ordinance, the council may create, change, alter, abolish, or consolidate

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offices, agencies, and departments of the city and may assign additional functions

to any of the offices, agencies, and departments expressly provided for by this

charter.

Section 2.19. Powers and duties of mayor.

(a) The mayor shall be the official spokesperson for the city and the chief advocate of

policy. He or she shall preside at meetings of the council, shall sign ordinances

and resolutions on their final passage, and shall sign deeds, bonds, contracts, and

other instruments or documents when authorized by the council to do so. The

mayor shall perform such other duties as may be imposed by this charter or by

ordinance of the council not inconsistent therewith.

(b) The mayor, or mayor pro tempore while acting as mayor, shall have the

right to vote on all questions before the council when said vote is a tie.

Section 2.20. Organizational meeting.

The city council shall hold an organizational meeting on the second Monday in

January. The meeting shall be called to order by the city clerk and the oath of the office shall

be administered to the newly elected members as follows:

'I do solemnly (swear) (affirm) that I will faithfully perform the duties of (mayor)

(councilmember) of this city and that I will support and defend the charter thereof as well

as the Constitution and laws of the State of Georgia and the United States of America, so

help me God.'

Section 2.21. Regular and special meetings.

(a) The council shall hold regular meetings at such times and places as prescribed by

ordinance. The council may recess any regular meeting and continue such

meeting on any date or hour it may fix and may transact any business at such

continued meeting as may be transacted at any regular meeting.

(b) The mayor and council may hold special meetings and may transact business

therein in accordance with law.

(c) All meetings of the council may be public in accordance with applicable law.

Section 2.22. Rules of procedure.

The council shall adopt its rules of procedure and order of business consistent with the

provisions of this charter and shall provide for keeping a journal in written or electronic form of

its proceedings, which shall be a public record.

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Section 2.23. Quorum voting.

The mayor or mayor pro tempore and any three Council Members shall constitute a

quorum and shall be authorized to transact business of the council. Voting on the adoption of

ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the journal, but

any member of the council shall have the right to request a roll call vote. The mayor or mayor

pro tempore shall have the right to cast a vote in the case of a tie and the majority of votes shall

determine any and all questions and elections before the council.

Section 2.24. Action requiring an ordinance.

(a) Except as herein provided, every official action of the council which is to become

law shall be by ordinance. Each proposed ordinance or resolution shall be

introduced in writing and in the form for final adoption. The enacting clause shall

be 'The Council of the City of Sugar Hill hereby ordains....'

(b) An ordinance may be introduced by any member of the council and read at a

regular or special meeting of the council. Ordinances shall be considered and

adopted or rejected by the council in accordance with the rules which it shall

establish.

Section 2.25. Reserved.

Section 2.26. Codes of technical regulations.

(a) The council may adopt any standard code of technical regulations by reference

thereto in an adopting ordinance. The procedure and requirements governing such

adopting ordinance shall be as prescribed for ordinances generally, except that:

(1) The requirements for distribution and filing of copies of the

ordinance shall be construed to include copies of any code of

technical regulations, as well as the adopting ordinance; and

(2) A copy of each adopted code of technical regulations, as well as the

adopting ordinance, shall be authenticated and recorded by the clerk.

(b) Copies of any adopted code of technical regulations shall be made

available by the clerk for distribution or for purchase at a reasonable

price.

(c) Nothing in this section shall be construed to prohibit the adoption of other

codes or regulations by reference, provided a copy of the referenced code or

regulation is attached to the adopting ordinance.

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Section 2.27. Submission of ordinances to the mayor; authenticating, recording,

codification, printing.

(a) Procedure:

(1) Every ordinance adopted by the council shall be presented promptly by the

city clerk to the mayor.

(2) The mayor, within ten calendar days of receipt of an ordinance, shall

return it to the clerk with or without approval or with disapproval. If the

ordinance has been approved by the mayor, it shall become law upon its

return to the clerk. If the ordinance is neither approved nor disapproved, it

shall become law at 12:00 Noon on the tenth calendar day after its

adoption. If the ordinance is disapproved, the mayor shall submit to the

council, through the clerk, a written statement of the reasons for the veto.

The clerk shall record upon the ordinance the date of its delivery to and

receipt from the mayor.

(3) Ordinances vetoed by the mayor shall be represented by the clerk to the

council at its next regular meeting and, if the council should then or at its

next regular meeting adopt the ordinance by an affirmative vote of four

members, it shall become law.

(4) The mayor may disapprove or reduce any item or items of appropriation

in any ordinance. The approved part or parts of any ordinance making

appropriations shall become law and the part or parts disapproved shall

not become law unless subsequently passed by the city council over the

mayor's veto as provided herein.

(5) The council shall provide for the preparation of a general codification of

all of the ordinances of the city having the force and effect of law. The

general codification shall be adopted by the council by ordinance and shall

be published promptly, together with all amendments thereto, with this

charter and any amendments thereto, and such codes of technical

regulations and other rules and regulations as the city council may specify.

This compilation shall be known and cited officially as 'The Code of the

City of Sugar Hill, Georgia." Copies of the code shall be furnished to all

officers, departments, and agencies of the city and shall be made available

for purchase of the written document by the public at a reasonable price as

fixed by the council and by electronic format.

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(6) The council shall cause each ordinance and each amendment to this

charter to be printed promptly following its adoption and the printed

ordinances and charter amendments shall be made available for purchase

by the public at reasonable prices to be fixed by the council or available

via electronic format. Following publication of the first code of the City of

Sugar Hill and at all times thereafter, the ordinances and charter

amendments shall be printed in substantially the same style as the code

currently in effect and shall be suitable in form for incorporation therein.

The council shall make such further arrangements as deemed desirable

with respect to reproduction and distribution of any current changes in or

addition to codes of technical regulations and other rules and regulations

included in the code.

ARTICLE III.

EXECUTIVE BRANCH

Section 3.10. Administrative and service departments.

(a) The council, by ordinance, may establish, abolish, merge, or consolidate offices,

positions of employment, departments, and agencies of the city, as they shall

deem necessary for the proper administration of the affairs and government of the

city. The council shall prescribe the functions and duties of existing departments,

offices, and agencies or of any departments, offices, and agencies hereinafter

created or established; may provide that the same person shall fill any number or

offices and positions or employment; and may transfer or change the function or

duties of offices, positions of employment, departments, and agencies of the city.

(b) The operations and responsibilities of each department now or hereafter

established in the city shall be distributed among such divisions or bureaus as

may be provided by ordinance of the council. Each department shall consist of

such officers, employees, and positions as may be provided by this charter or by

ordinance, and shall be subject to the general supervision and guidance of the

mayor and council.

(c) Except as otherwise provided by this charter, the directors of departments and

other appointed officers of the city shall serve at the pleasure of the appointing

authority. Vacancies occurring in an appointive office shall be filled in the same

manner as prescribed by this charter for an original appointment.

(d) Except as otherwise provided by law, the directors of departments and other

appointed officers of the city shall be appointed solely on the basis of their

respective administrative and professional qualifications.

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(e) All appointive officers and directors of departments shall receive such

compensation as prescribed by ordinance of the city council.

Section 3.11. Boards, commissions, and authorities.

(a) All members of boards, commissions, and authorities of the city shall be

appointed by the council for such terms of office and such manner of appointment

as provided by ordinance, except where other appointing authority, term of office,

or manner of appointment is prescribed by this charter or by applicable state law.

(b) No member of any board, commission, or authority shall hold any elective office

in the city except where other appointing authority, term of office, or manner of

appointment is prescribed by this charter or by applicable state law.

(c) Any vacancy in office of any member of a board, commission, or authority of the

city shall be filled for the unexpired term in the manner prescribed herein for

original appointment, except as otherwise provided by this charter or any

applicable state law.

(d) No member of any board, commission, or authority shall assume office until he or

she shall have executed and filed with the clerk of the city an oath obligating

himself or herself to faithfully and impartially perform the duties of his or her

office, such oath to be prescribed by ordinance of the council and administered by

the mayor.

(e) Members of boards, commissions, or authorities shall serve at the pleasure of the

council and may be removed from office at any time by a majority vote of the city

council.

(f) Members of boards, commissions, and authorities may receive such compensation

and expenses in the performance of their official duties as prescribed by

ordinance.

(g) The qualifications required of members of boards, commissions, and authorities

shall be as prescribed by ordinance.

(h) Except as otherwise provided by this charter or by applicable state law, each

board, commission, or authority of the city government shall elect one of its

members as chairperson and one member as vice chairperson for terms of one

year, and may elect as its secretary one of its own members or may appoint as

secretary an employee of the city. Each board, commission, or authority of the

city government may establish such bylaws, rules, and regulations not

inconsistent with this charter, ordinances of the city, or applicable state law as it

deems appropriate and necessary for the conduct of its affairs, copies of which

shall be filed with the clerk of the city.

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Section 3.12. City manager.

The council may appoint a city manager who is not a member of the city council for an

indefinite term and shall fix the city manager's compensation. The duties and authority of the city

manager shall be established by ordinance of the council and, in so doing; the council may

specifically delegate to the city manager any of the administrative or budgetary duties of the

mayor.

Section 3.13. City attorney.

The council shall appoint a city attorney, who is not a member of the city council,

together with such assistant city attorneys as may be authorized by ordinance, and shall provide for

the payment of such attorney or attorneys for services rendered to the city. The city attorney shall

be responsible for representing and defending the city in all litigation in which the city is a party;

may be the prosecuting officer in the municipal court; shall attend the meetings of the council as

directed; shall advise the council, mayor, and other officers and employees of the city concerning

legal aspects of the city' affairs; and shall perform such other duties as may be required by virtue

of the position as city attorney.

Section 3.14. City clerk.

The council may appoint a city clerk who is not a member of the city council to keep a

journal of the proceedings of the city council and to maintain in a safe place all records and

documents pertaining to the affairs of the city, to be the custodian of the official city seal,

and to perform such other duties as may be required by law or as the council may direct.

Section 3.15. Tax collector.

The council may appoint a tax collector who is not a member of the city council to

collect all taxes, licenses, fees, and other moneys belonging to the city, subject to the provisions

of this charter and the ordinances of the city, and the tax collector shall diligently comply with

and enforce all general laws of Georgia relating to the collection, sale, or foreclosure of taxes by

municipalities.

Section 3.16. City accountant.

The council may appoint a city accountant who is not a member of the city council to

perform the duties of an accountant.

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Section 3.17. Consolidation of functions.

The council may consolidate any two or more of the positions of the city clerk, city tax

collector, city accountant, or any other positions or may assign the functions of any one or more of

such positions to the holder or holders of any other positions. The city manager may, with the

approval of the city council, perform all or any part of the functions of any of the positions of

offices in lieu of appointing other persons to perform the same.

Section 3.18. Position classification and pay plans.

The city manager may prepare a position classification and pay plan to be submitted to

the council for approval. Said plans may apply to all employees of the City of Sugar Hill and to

any of its agencies and offices. When a pay plan has been adopted, the council shall not increase

or decrease the salaries of individuals employees except by amendment of said pay plan. For

purposes of this section, all elected and appointed city officials are not city employees.

Section 3.19. Personnel policies.

The council shall adopt rules and regulations consistent with this charter concerning:

(1) The method of employee selection and conditions of employment;

(2) The administration of any position classification and pay plan, methods of

promotion and application of service ratings thereto, and transfer of employees

within the classification plan;

(3) Hours of work, vacation, sick leave, and other leaves of absence, overtime pay,

and the order and manner in which layoff shall be effected; and

(4) Such other personnel policies as may be necessary to provide for adequate and

systematic handling of the personnel affairs of the City of Sugar Hill.

ARTICLE IV.

MUNICIPAL COURT

Section 4.10. Creation.

(a) There is hereby established a court to be known as the municipal court of the City

of Sugar Hill, which shall have jurisdiction and authority to try offenses against

the laws and ordinances of said city and to punish violations of the same. Such

court shall have the power and authority to enforce its judgments by the

imposition of such penalties as may be provided by law; to punish witnesses for

nonattendance and to punish also any person who may counsel or advise, aid,

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encourage, or persuade another whose testimony is desired or material in any

proceeding before said court to go or move beyond the reach of the process of the

court; and to try all offenses within the territorial limits of the city constituting

traffic cases which under the laws of Georgia are placed within the jurisdiction of

municipal or police courts to the extent of and in accordance with the provisions

of such laws and all laws subsequently enacted amendatory thereof.

(b) Said court shall be presided over by a chief judge appointed by the city council. In

the absence or disqualification of the judge, an assistant judge designated as such by the council

shall preside and shall exercise the same powers and duties as the judge when so acting. Should

both the chief judge and assistant judge become disqualified, then any member of the state bar

may be designated by the mayor to preside with the same powers and duties as the judge when so

acting.

Section 4.11. Judge.

(a) No person shall be qualified or eligible to serve as judge unless that person shall

have attained the age of 21 years and a member of the State Bar of Georgia. The chief judge shall

be appointed by the council and shall serve at the discretion of the council. The compensation of

the judge shall be fixed by the council.

(b) The assistant judge shall serve in the absence of the chief judge, shall have the

same qualifications as the judge, shall be appointed by the council, and shall take the same oath

as the judge.

(c) Before entering on duties of the office, the chief judge shall take an oath before an

officer duly authorized to administer oaths in this state that the judge will truly, honestly, and

faithfully discharge the duties of the office to the best of his or her ability without fear, favor, or

partiality. The oath shall be entered upon the minutes of the council.

(d) Compensation of the judges shall be fixed by ordinance.

(e) Judges serve at the will of the city council and may be removed at any time by a

majority vote of the city council.

Section 4.12. Convening.

Said court shall be convened at such times as designated by ordinance or at such

times as deemed necessary to keep current the dockets thereof.

Section 4.13. Jurisdiction; powers.

(a) The municipal court shall try and punish violations of this charter, all city

ordinances, and such other violations as provided by law.

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(b) The municipal court shall have authority to punish those in its presence for

contempt. Such punishment shall not exceed $200.00 or ten days of imprisonment, or by

both such fine and imprisonment.

(c) The municipal court may fix punishment for offenses within its jurisdiction not

exceeding a fine of $1,000.00 or imprisonment for one year or both such fine and imprisonment

or may fix punishment by fine, imprisonment, or alternative sentencing as now or hereafter

provided by law.

(d) The municipal court shall have authority to establish a schedule of fees to defray

the cost of operation and shall be entitled to reimbursement of the cost of meals, transportation,

and caretaking of prisoners bound over to superior courts for violations of state law.

(e) The municipal court shall have authority to establish bail and recognizance to

ensure the presence of those charged with violations before said court and shall have

discretionary authority to accept cash or personal or real property as surety for the appearance of

persons charged with violations. Whenever any person shall give bail for that person's

appearance and shall fail to appear at the time fixed for trial, that person's bond shall be forfeited

by the judge presiding at such time and an execution shall be issued thereon by serving the

defendant and the defendant's sureties with a rule nisi at least two days before a hearing on the

rule nisi. In the event that cash or property is accepted in lieu of bond for security for the

appearance of a defendant at trial, and, if such defendant fails to appear at the time and place

fixed for trial, the cash so deposited shall be on order of the judge declared forfeited to the city

or the property so deposited shall have a lien against it for the value forfeited which lien shall be

enforceable in the same manner and to the same extent as a lien for city property taxes.

(f) The municipal court shall have the same authority as superior courts to compel

the production of evidence in the possession of any party; to enforce obedience to its orders,

judgments, and sentences; and to administer such oaths as are necessary.

(g) The municipal court may compel the presence of all parties necessary to a

proper disposal of each case by the issuance of summonses, subpoenas, and warrants which

may be served as executed by any officer as authorized by this charter or by law.

(h) Each judge of the municipal court may be authorized to issue warrants for the

arrest of persons charged with offenses against any ordinance of the city, and each judge of the

municipal court shall have the same authority as a magistrate of the state to issue warrants for

offenses against state laws committed within the city.

(i) The municipal court is specifically vested with all the jurisdiction and powers

throughout the geographic area of this city granted by law to municipal courts and particularly

by such laws as authorize the abatement of nuisances and prosecution of traffic violations.

Section 4.14. Certiorari.

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The right of certiorari from the decision and judgment of the municipal court shall exist

in all criminal cases and ordinance violation cases, and such certiorari shall be obtained under

the sanction of a judge of the Superior Court of Gwinnett County under the laws of the State of

Georgia regulating the granting and issuance of writs of certiorari.

Section 4.15. Rules for court.

With the approval of the council, the judge shall have full power and authority to make

reasonable rules and regulations necessary and proper to secure the efficient and successful

administration of the municipal court; provided, however, that the council may adopt in part or

in total the rules and regulations relative to the procedure of the operation of the superior court

under the general laws of the State of Georgia. The rules and regulations made or adopted for

said court shall be filed with the city clerk, shall be available for public inspection, and, upon

request, a copy shall be furnished to all defendants in municipal court proceedings at least 48

hours prior to said proceedings.

ARTICLE V.

ELECTIONS

Section 5.10. Regular elections; time for holding.

(a) All primaries and elections shall be held and conducted in accordance with

Chapter 2 of Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter

amended.

(b) There shall be a municipal election biennially in odd-numbered years on

the Tuesday next following the first Monday in November.

(c) On the Tuesday next following the first Monday in November of 2013 and every

four years thereafter, the successors to the position of Mayor and such two Council Members

who hold seats 4 and 5 shall be elected and shall serve terms of office of four years and until

their successors are elected and qualified and shall take office on the day of the first

organizational meeting in January following their election. The seat held by Curtis Northrup on

the effective date of this Act shall be Post 4 and the seat held by Mike Sullivan on the effective

date of this Act shall be Post 5.

(d) On the Tuesday next following the first Monday in November of 2015 and every

four years thereafter, the successors to the position of such three Council Members who hold

seats 1, 2, and 3 shall be elected and shall serve terms of office of four years and until their

successors are elected and qualified and shall take office on the day of the first organizational

meeting in January following their election. The seat held by Steve Edwards on the effective

date of this Act shall be Post 1; the seat held by Marc Cohen on the effective date of this Act

shall be Post 2, and the seat held by Susie Gajewski on the effective date of this Act shall be

Post 3.

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Section 5.11. Qualifying; nomination of candidates; absentee ballots.

By ordinance, the council may prescribe rules and regulations governing qualifying fees,

nominations of candidates, absentee ballots, write- in votes, challenge of votes, and such other

rules and regulations as may be necessary for the conducting of elections in the City of Sugar Hill.

Section 5.12. Nonpartisan elections.

Political parties shall not conduct primaries for city offices and all names of candidates

for city offices shall be listed without party designations.

Section 5.13. Election by majority.

The person receiving a majority of the votes cast for any city office shall be elected.

Section 5.14. Applicability of general laws.

The procedures and requirements for election of all elected officials of the City of

Sugar Hill as to primary, special, or general elections shall be in accordance with Chapter 2 of

Title 21 of the O.C.G.A., the 'Georgia Election Code,' as now or hereafter amended.

Section 5.15. Special elections; vacancies.

In the event that the office of mayor or councilmember shall become vacant for any cause

whatsoever, the council or those remaining shall order a special election to fill the balance of the

unexpired term of such office; provided, however, if such vacancy occurs within 12 months of the

expiration of the term of office of the mayor or any councilmember, said vacancy in office shall

be filled by appointment by the remaining members of the council.

Section 5.16. Grounds for removal.

The mayor or any councilmember shall be subject to removal from office for any one

or more of the following causes:

(1) Incompetence, misfeasance, or malfeasance in office; which shall be deemed to

include but shall not be limited to: failure to attend three (3) regularly scheduled council

meetings within a twelve (12) month period without just cause for such absence, participation in

intentional dishonest acts, willfully disseminating false information, malicious exercise of

statutory powers, or other similar acts.

(2) Conviction of a crime involving moral turpitude;

(3) Failure at any time to possess any of the qualifications of office as provided by

this charter or by law;

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(4) Willful violation of any express prohibition of this charter.

(5) Abandonment of office or neglect to perform the duties thereof; or

(6) Failure for any other cause to perform the duties of office as required by this

charter or by law.

Section 5.17. Procedure for removal.

Removal of an elected officer from office may be accomplished by one of the following

methods:

(1) By action of two-thirds vote of the entire membership of the council. In the event

an elected officer is sought to be removed by the action of the council, such officer shall be

entitled to a written notice specifying the ground or grounds for removal and to a public hearing

which shall be held not less than ten days after the service of such written notice. Any elected

officer sought to be removed from office as herein provided shall have the right to appeal from

the decision of the council to the Superior Court of Gwinnett County. Such appeal shall be

governed by the same rules as govern appeals to the superior court from the probate court; or

(2) By information filed in the Superior Court of Gwinnett County, as provided by

law.

ARTICLE VI.

FINANCE AND FISCAL

Section 6.10. Property taxes.

All property subject to the taxation for state or county purposes assessed as of January 1

in each year shall be subject to the property tax levied by the City of Sugar Hill. The council by

ordinance shall elect to use the county assessment for the year in which the city taxes are to be

levied and shall request the county to furnish appropriate information for such purpose.

Section 6.11. Tax levy.

The city council may assess, levy, and collect an ad valorem tax on all real and personal

property within the corporate limits of the city that is subject to such taxation by the state and

county. This tax is for the purpose of raising revenues to defray the costs of operating the city

government, of providing governmental services, for the repayment of principal and interest on

general obligations, and for any other public purpose as determined

by the city council in its discretion.

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Section 6.12. Tax due dates and tax bills.

The council shall provide by ordinance when the taxes of the city shall fall due and in

what length of time said taxes may be paid and shall provide by ordinance for the payment of

taxes due to the city in installments or in one lump sum and when and how and upon what

terms such taxes shall be due and payable, as well as to authorize the voluntary payment of

taxes prior to the time when due.

Section 6.13. Collection of delinquent taxes.

The council may provide by ordinance for the collection of delinquent taxes by fi.fa.

issued by the city clerk and executed by any police officer of the city under the same procedure

provided by the laws governing execution of such process from the superior court or by the use

of any other available legal processes and remedies. A lien shall exist against all property upon

which city property taxes are levied, as of the assessment date of each year, which lien shall be

superior to all other liens, except that it shall have equal dignity with those of federal, state, or

county taxes. In cases of hardship, the council shall have discretionary authority to waive any

and all penalties imposed by this charter for delinquent taxes, fees, assessments, or on other

amounts due to the city.

Section 6.14. Licenses, occupational taxes, excise taxes.

The council, by ordinance, shall have full power to levy such license and business or

occupational taxes upon the residents of the City of Sugar Hill, both individual and corporate, and

on all those who transact or offer to transact business therein, or who practice or offer to practice

any profession or calling therein, as the council may deem expedient for the public health, safety,

benefit, convenience, or advantage to the city and as are not prohibited by state law; to classify

business, occupations, professions, or callings for the purpose of such taxation in any way which

may be lawful; to require such persons to pay such taxes; to compel the payment of such taxes by

execution or any other lawful manner; and to make laws and regulations necessary or proper to

carry out the powers herein conferred, and to prescribe penalties for the violation thereof. The

council shall have full power and authority to levy an excise tax not prohibited by general law. The

city shall have the power to assess reasonable regulatory fees for businesses regulated by the city

as allowed by general law.

Section 6.15. Sewer service charges; sanitary and health services charge.

The council by ordinance shall have the right, power, and authority to assess and collect

fees, charges, and tolls for sewer services rendered both within and without the corporate limits

of the City of Sugar Hill to provide for the cost and expense of providing for the collection and

disposal of sewage through the sewage facilities of said city. If unpaid, said sewer service charge

shall constitute a lien against any property of persons served, which lien shall be second in

priority only to liens for county and city property taxes and shall be enforceable in the same

manner and under the same remedies as a lien for city property taxes. The council shall have also

41

authority by ordinance to provide for, to enforce, and to collect the cost of sanitary and health

services necessary in the operation of the city from all individuals, firms, and corporations

residing in or doing business in said city benefiting from such service. Such authority shall

include the power to assess, levy, and collect annual or monthly sanitary taxes or fees in such

amount or amounts and based upon and in accordance with such classification of property and

sanitary service or service provided, as may be fixed by ordinance. Said sanitary taxes and the

assessment thereof shall be a charge and lien against the real estate in respect to which said taxes

are so assessed and the owner or owners thereof, superior to all other liens except liens for county

and city property taxes, and shall be enforceable in the same manner and under the same

remedies as a lien for city property taxes.

Section 6.16. Franchises.

(a) The city council shall have the power to grant franchises for the use of this city's

streets and alleys for the purposes of railroads, street railways, telephone companies, electric

companies, electric membership corporations, cable television and other telecommunications

companies, gas companies, transportation companies, and other similar organizations. The city

council shall determine the duration, terms, whether the same shall be exclusive or

nonexclusive, and the consideration for such franchises; provided, however, no franchise shall

be granted for a period in excess of 35 years and no franchise shall be granted unless the city

receives just and adequate compensation therefore. The city council shall provide for the

registration of all franchises with the city clerk in a registration book kept by the clerk. The city

council may provide by ordinance for the registration within a reasonable time of all franchises

previously granted.

(b) If no franchise agreement is in effect, the city council has the authority to

impose a tax on gross receipts for the use of this city's streets and alleys for the purposes of

railroads, street railways, telephone companies, electric companies, electric membership

corporations, cable television and other telecommunications companies, gas companies,

transportation companies, and other similar organizations.

Section 6.17. Special assessments.

The council shall have the power and authority to assess all or part of the cost of

constructing, reconstructing, widening, or improving any public way, street, sidewalk, curbing,

gutters, sewers, or other utility mains and appurtenances against the abutting property owners,

under such terms and conditions as may be prescribed by ordinance. Such special assessments

shall become delinquent 30 days after their due dates, shall thereupon be subject, in addition to

fi.fa. charges, to a penalty of 10 percent, and shall thereafter be subject to interest at the rate of 7

percent per annum from date due until paid. A lien shall exist against the abutting property

superior to all other liens, except that it shall be of equal dignity with liens for county and city

property taxes, and said lien shall be enforceable by the same procedures and under the same

remedies as provided for in this article for city property taxes.

42

Section 6.18. Transfer of executions.

The city clerk shall be authorized to assign or transfer any fi.fa. or execution issued for

any tax or for any street, sewer, or other assessment in the same manner and to the same extent

as provided by Georgia law regarding sales and transfers of fi.fas. Such transfer or assignment,

when made, shall vest the purchaser or transferee with all right, title, and interest as provided by

Georgia law governing sales and transfers of tax fi.fas; provided that, upon levy of execution and

sale of property pursuant to such tax fi.fa., whether assigned, transferred, or executed by the city,

the owner of such property, in fee simple or lesser interest, shall not lose his or her right to redeem

the property in accord with the requirements of redemption of property sold under state or county

ad valorem tax fi.fas., as said requirements now exist or as may be hereinafter provided by law.

Section 6.19. General obligation bonds.

The council shall have the power to issue bonds for the purpose of raising revenue to

carry out any projects, programs, or ventures authorized under this charter or the general laws of

the state. Such bonding authority shall be exercised in accordance with the laws governing bond

issuances by municipalities in effect at the time said issue is undertaken.

Section 6.20. Revenue bonds.

Revenue bonds may be issued by the city council as state law now or hereafter provides.

Such bonds are to be paid out of any revenue produced by the project, program, or venture for

which they were issued.

Section 6.21. Short-term notes.

The city may obtain short-term loans and must repay such loans not later than

December 31 of each year, unless otherwise provided by law.

Section 6.22. Fiscal year.

The council shall set the fiscal year by ordinance. Said fiscal year shall constitute the

budget year and the year for financial accounting and reporting of each and every office,

department or institution, agency, and activity of the city government, unless otherwise

provided by state or federal law.

Section 6.23. Preparation of budgets.

The council shall provide by ordinance the procedures and requirements for the

preparation and execution of an annual operating budget and a capital improvement program

and a capital budget, including requirements as to the scope, content, and form of such

budgets and programs.

43

Section 6.24. Submission of operating budget to city council.

On or before a date fixed by the council but not later than 90 days prior to the beginning

of each fiscal year, the city manager shall submit to the council a proposed operating budget for

the ensuing fiscal year. The budget shall be accompanied by a message from the city manager

containing a statement of the general fiscal policies of the city, the important features of the

budget, explanations or major changes recommended for the next fiscal year, a general summary

of the budget, and such other comments and information as he or she may deem pertinent. The

operating budget and the capital improvements budget hereinafter provided for, the budget

message, and all supporting documents shall be filed in the office of the city clerk and shall be

open to public inspection.

Section 6.25. Action by council on budget.

(a) The council may amend the operating budget proposed by the city manager;

except, that the budget as finally amended and adopted must provide for all expenditures

required by law or by other provisions of this charter and for all debt service requirements for

the ensuing fiscal year and the total appropriations from any fund shall not exceed the estimated

fund balance, reserves, and revenues constituting the fund availability of such fund.

(b) The council shall adopt the final operating budget for the ensuing fiscal year not

later than the first day of January of each year. If the council fails to adopt the budget by this

date, the amounts appropriated for operation for the current fiscal year shall be deemed adopted

for the ensuing fiscal year on a month-to-month basis, with all items prorated accordingly until

such time as the council adopts a budget for the ensuing fiscal year. Such adoption shall take the

form of an appropriation ordinance setting out the estimated revenues in detail by sources and

making appropriations according to fund and by organizational unit, purpose, or activity as set

out in the budget document.

(c) The amount set out in the adopted operating budget for each organizational unit

shall constitute the annual appropriation for such item and no expenditure shall be made or

encumbrance created in excess of the otherwise unencumbered balance of the appropriations, or

allotment thereof, to which it is chargeable.

Section 6.26. Property tax levies.

The council shall levy by ordinance an annual tax on all real and personal property within

the City of Sugar Hill. The tax rate set by such ordinance shall be such that reasonable estimates

of revenues from such levy shall at least be sufficient, together with other anticipated revenues,

fund balances, and applicable reserves, to equal the total amount appropriated for each of the

several funds set forth in the annual operating budget for defraying the expenses of the general

government of the City of Sugar Hill.

Section 6.27. Additional appropriations.

44

The council may make appropriations in addition to those contained in the current

operating budget at any regular or special meeting called for such purpose, but any such

additional appropriations may be made only from an existing unappropriated surplus in the

fund to which it applies.

Section 6.28. Capital improvements budget.

(a) On or before the date fixed by the city council but not later than 90 days prior to

the beginning of each fiscal year, the city manager shall submit to the council a proposed capital

improvements budget with his recommendations as to the means of financing the improvements

proposed for the ensuing fiscal year. The council shall have power to accept, with or without

amendments, or reject the proposed program and proposed means of financing. The council shall

not authorize an expenditure for the construction of any building, structure, work, or

improvement unless the appropriations for such project are included in the capital improvements

budget, except to meet a public emergency threatening the lives, health, or property of the

inhabitants, when passed by wo-thirds vote of the membership of the council.

(b) The council shall adopt the final capital improvements budget for the ensuing

fiscal year not later than the first day of January of each year. No appropriation provided for in

the capital improvements budget shall lapse until the purpose for which the appropriation was

made shall have been accomplished or abandoned; provided the city manager may submit

amendments to the capital improvements budget at any time during the fiscal year, accompanied

by his or her recommendations thereon. Any such amendments to the capital improvements

budget shall become effective only upon adoption by a vote of the council.

Section 6.29. Contracting procedures.

No contract with the city shall be binding on the city unless:

(1) It is in writing; and

(2) It is made or authorized by the city council or by the city manager under the

authority properly delegated to the city manager by the city council.

Section 6.30. Centralized purchasing and disposition of city property.

(a) The city council may sell and convey any real or personal property owned or

held by the city for governmental or other purposes as now or hereafter provided by law.

(b) The city council may quitclaim any rights it may have in property not needed for

public purposes upon request by the mayor and adoption of a resolution, both finding that the

property is not needed for public or other purposes and that the interest of the city has no readily

ascertainable monetary value.

45

(c) Whenever in opening, extending, or widening any street, avenue, alley, or public

place of the city a small parcel or tract of land is cut off or separated by such work from a larger

tract or boundary of land owned by the city, the city council may authorize the mayor to execute

and deliver in the name of the city a deed conveying said cut-off or separated parcel or tract of

land to an abutting or adjoining property owner or owners in exchange for rights of way of said

street, avenue, alley, or public place when such exchange is deemed to be in the best interest of

the city. All deeds and conveyances heretofore and hereafter so executed and delivered shall

convey all title and interest the city has in such property, notwithstanding the fact that no public

sale after advertisement was or is hereafter made.

ARTICLE VII.

GENERAL PROVISIONS

Section 7.10. Official bonds.

The officers and employees of the City of Sugar Hill, both elective and appointive, shall

execute such official bonds in such amounts and upon such terms and conditions as the city

council may from time to time require.

Section 7.11. Existing ordinances and regulations.

Existing ordinances and resolutions of the City of Sugar Hill not inconsistent with the

provisions of this charter shall continue in effect until they have been repealed, modified, or

amended by the council. Existing rules and regulations of departments or agencies of the City of

Sugar Hill not inconsistent with the provisions of this charter shall continue in effect until they

have been repealed, modified, or amended.

Section 7.12. Section captions.

(a) Section captions in this charter are informative only and shall not be considered as

a part thereof.

(b) The word ‘shall’ is mandatory and the word ‘may’ is permissive.

(c) The singular shall include the plural, the masculine shall include the feminine, and

vice versa.

Section 7.13. Penalties.

The violation of any provision of this charter for which a penalty is not specifically

provided for herein is hereby declared to be a misdemeanor and shall be punishable by a fine of

46

not more than $1,000.00 or by imprisonment not to exceed 120 days, or both such fine and

imprisonment.

Section 7.14. Severability.

If any article, section, subsection, paragraph, sentence, or part thereof of this charter shall

be held to be invalid or unconstitutional, such shall not affect or impair other parts of this charter

unless it clearly appears that such other parts are wholly and necessarily dependent upon the part

or parts held to be invalid or unconstitutional, it being the legislative intent in enacting this

charter that each article, section, subsection, paragraph, sentence, or part thereof be enacted

separately and independent of each other.

Section 7.15. Effective date.

This act shall become effective upon its approval by the Governor of the State of

Georgia or upon its becoming law without such approval.

Section 7.16. Repealer.

All laws and parts of laws in conflict with this act are hereby repealed.

EXHIBIT A

The boundaries of the City of Sugar Hill, Georgia, are intended to include and are hereby

declared to include all of the area included within the corporate boundaries upon the effective

date of this charter which includes all areas described in the previous charter (Ga. L. 1975, p.

3232), all properties added through amendments to that charter, and all properties added by all

annexation ordinances adopted by the mayor and council of the City of Sugar Hill since the

adoption of that charter, which properties are intended to include and are hereby declared to

include all of the property included in the tax parcels set forth below as those tax parcels exist on

the tax rolls and the tax maps of Gwinnett County for the year 2002, and all of the public

roadways and right of ways adjacent to those parcels, including railroad right of ways lying

adjacent to those parcels or to public road ways adjacent to those parcels.

7-253-001 7-254-014 7-254-094 7-257-002F

7-253-002 7-254-017 7-255-001 7-257-002G

7-253-006 7-254-019 7-255-00 37-257-002H

7-253 -007 7-254-020 7-255-00 47-257-002I

7-253-008 7-254-021 7-255-005 7-257-006

7-253 -009 7-254-022 7-255-0 12 7-257-007

7-253-010 7-254-023 7-255-013 7-257-008

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7-253-013 7-254-036 7-255-025 7-257-012

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7-253 -020 7-254-046 7-255-03 9 7-257-032

7-253-022 7-254-048 7-255-041 7-257-033

47

7-253 -027 7-254-050 7-255-043 7-257-034

7-253-031 7-254-054 7-255-045 7-257-03 5

7-253 -035 7-254-056 7-255-068 7-257-03 6

7-253 -037 7-254-057 7-255-069 7-257-03 7

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7-254-013 7-254-093 7-257-002E 7-257-066

7-257-067 7-257-145 7-257-196 7-258-025B

7-257-068 7-257-146 7-257-197 7-258-025C

7-257-069 7-257-147 7-257-198 7-258-030

7-257-070 7-257-148 7-257-199 7-258-032

7-257-071 7-257-149 7-257-201 7-258-033

7-257-072 7-257-150 7-257-202 7-258-034

7-257-073 7-257-151 7-257-203 7-258-036

7-257-074 7-257-152 7-257-204 7-258-037

7-257-075 7-257-154 7-257-205 7-258-038

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7-257-077 7-257-156 7-257-207 7-258-041

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7-257-117 7-257-164 7-257-2 16 7-258-050

7-257-119 7-257-165 7-257-2 17 7-258-051

7-257-12 1 7-257-166 7-257-218 7-258-053

7-257-122 7-257-167 7-257-219 7-258-054

7-257-123 7-257-168 7-257-220 7-258-055

7-257-124 7-257-169 7-257-221 7-258-056

7-257-125 7-257-170 7-257-222 7-258-057

7-257-126 7-257-171 7-257-223 7-258-058

7-257-127 7-257-172 7-257-224 7-258-059

7-257-128 7-257-173 7-257-225 7-258-060

7-257-129 7-257-174 7-257-226 7-258-061

48

7-257-130 7-257-175 7-257-227 7-258-062

7-257-131 7-257-176 7-257-231 7-258-063

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7-257-142 7-257-193 7-258-110 7-258-075

7-257-143 7-257-194 7-258-025 7-258-076

7-257-144 7-257-195 7-258-025A 7-258-077

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55

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56

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57

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58

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59

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60

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61

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64

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7-341-112 7-341-157 7-341-201 7-341-247

7-341-113 7-341-158 7-341-202 7-341-248

7-341-114 7-341-159 7-341-205 7-341-249

7-341-115 7-341-160 7-341-206 7-341-250

7-341-116 7-341-161 7-341-207 7-341-251

7-341-117 7-341-162 7-341-208 7-341-252

7-341-118 7-341-163 7-341-209 7-341-253

7-341-119 7-341-164 7-341-210 7-341-254

7-341-120 7-341-165 7-341-211 7-341-256

7-341-121 7-341-166 7-341-212 7-341-258

7-341-122 7-341-167 7-341-213 7-341-259

7-341-123 7-341-168 7-341-214 7-345-001

7-345-002 7-345-046 7-345-093 7-346-029

7-345-003 7-345-047 7-345-094 7-346-031

7-345-004 7-345-048 7-345-095 7-346-032

7-345-005 7-345-049 7-345-096 7-346-03 3

7-345-006 7-345-050 7-345-097 7-346-034

7-345-007 7-345-051 7-345-098 7-346-03 5

7-345-008 7-345-053 7-345-099 7-346-03 6

7-345-009 7-345-054 7-345-100 7-346-037

7-345-010 7-345-055 7-345-101 7-346-038

7-345-011 7-345-056 7-345-102 7-346-039

7-345-012 7-345-057 7-345-105 7-346-040

7-345-013 7-345-058 7-345-106 7-346-041

7-345-014 7-345-059 7-345-107 7-346-042

7-345-015 7-345-060 7-345-108 7-346-043

7-345-016 7-345-061 7-345-109 7-346-044

7-345-017 7-345-062 7-345-110 7-346-045

7-345-018 7-345-063 7-345-111 7-346-046

7-345-019 7-345-064 7-345-112 7-346-047

7-345-020 7-345-065 7-345-113 7-346-048

7-345-02 1 7-345-066 7-345-114 7-346-049

7-345-022 7-345-067 7-345-115 7-346-050

7-345-023 7-345-068 7-345-116 7-346-051

7-345-024 7-345-070 7-345-117 7-346-052

7-345-025 7-345-071 7-345-118 7-346-053

7-345-026 7-345-073 7-345-119 7-346-054

7-345-027 7-345-074 7-345-120 7-346-055

7-345-028 7-345-075 7-345-12 1 7-346-056

7-345-029 7-345-076 7-345-122 7-346-057

68

7-345-030 7-345-077 7-345-124 7-346-058

7-345-031 7-345-078 7-346-00 1 7-346-059

7-345-032 7-345-079 7-346-001B 7-346-060

7-345-033 7-345-080 7-346-002 7-346-061

7-345-034 7-345-081 7-346-005 7-346-062

7-345-035 7-345-082 7-346-016 7-346-063

7-345-036 7-345-083 7-346-019 7-346-064

7-345-03 7 7-345-084 7-346-020 7-346-066

7-345-03 8 7-345-085 7-346-02 1 7-346-067

7-345-03 9 7-345-086 7-346-022 7-346-068

7-345-040 7-345-087 7-346-023 7-346-069

7-345-041 7-345-088 7-346-024 7-346-070

7-345-042 7-345-089 7-346-025 7-346-07 1

7-345-043 7-345-090 7-346-026 7-346-072

7-345-044 7-345-09 1 7-346-027 7-346-073

7-345-045 7-345-092 7-346-028 7-346-074

7-346-075 7-346-119 7-347-062 7-348-027

7-346-076 7-346-120 7-347-063 7-348-029

7-346-077 7-346-121 7-347-064 7-348-030

7-346-078 7-346-122 7-347-065 7-348-031

7-346-079 7-346-123 7-347-066 7-348-032

7-346-080 7-346-124 7-347-067 7-348-033

7-346-081 7-346-125 7-347-068 7-348-034

7-346-082 7-346-126 7-347-069 7-348-035

7-346-083 7-346-127 7-347-070 7-348-036

7-346-084 7-346-128 7-347-071 7-348-037

7-346-085 7-346-129 7-347-072 7-348-03 8

7-346-086 7-346-130 7-347-073 7-348-039

7-346-087 7-346-131 7-347-074 7-348-040

7-346-088 7-346-132 7-347-075 7-348-041

7-346-089 7-346-133 7-347-076 7-348-042

7-346-090 7-346-135 7-347-077 7-348-043

7-346-091 7-346-136 7-347-078 7-348-044

7-346-092 7-346-137 7-347-079 7-348-045

7-346-093 7-346-138 7-347-080 7-348-046

7-346-094 7-346-13 9 7-347-081 7-348-047

7-346-095 7-346-140 7-347-082 7-348-048

7-346-096 7-346-14 1 7-347-083 7-348-049

7-346-097 7-346-142 7-347-084 7-348-050

7-346-098 7-346-143 7-347-085 7-348-051

7-346-099 7-346-144 7-347-086 7-348-052

7-346-100 7-346-145 7-347-087 7-348-053

7-346-101 7-346-146 7-347-088 7-348-054

7-346-102 7-346-148 7-347-089 7-348-055

7-346-103 7-346-149 7-347-090 7-348-056

7-346-104 7-346-150 7-347-094 7-348-057

7-346-105 7-346-151 7-347-095 7-348-058

7-346-106 7-346-152 7-347-096 7-348-059

7-346-107 7-346-153 7-347-097 7-348-060

7-346-108 7-346-154 7-347-098 7-348-061

7-346-109 7-346-155 7-347-099 7-348-062

7-346-110 7-347-005 7-348-0 19 7-348-063

7-346-111 7-347-0 14 7-348-020 7-348-064

7-346-112 7-347-024 7-348-02 1 7-348-065

7-346-113 7-347-050 7-348-022 7-348-066

7-346-114 7-347-05 8 7-348-023 7-348-067

7-346-115 7-347-059 7-348-024 7-348-068

69

7-346-116 7-347-060 7-348-025 7-348-069

7-346-117 7-347-06 1 7-348-026 7-348-070

7-346-118 7-347-062 7-348-027 7-348-074

7-348-076 7-349-085 7-349-129 7-364-104

7-348-078 7-349-086 7-349-130 7-364-105

7-349-043 7-349-087 7-349-131 7-364-106

7-349-044 7-349-088 7-349-132 7-364-107

7-349-045 7-349-089 7-349-133 7-364-108

7-349-046 7-349-090 7-349-134 7-364-109

7-349-047 7-349-091 7-349-135 7-364-110

7-349-048 7-349-092 7-349-136 7-364-111

7-349-049 7-349-093 7-349-137 7-364-112

7-349-050 7-349-094 7-349-13 8 7-364-113

7-349-051 7-349-095 7-349-139 7-364-114

7-349-052 7-349-096 7-349-140 7-364-115

7-349-053 7-349-097 7-349-142 7-364-116

7-349-054 7-349-098 7-349-144 7-364-117

7-349-055 7-349-099 7-362-047 7-364-118

7-349-056 7-349-100 7-364-074 7-364-119

7-349-057 7-349-101 7-364-075 7-364-120

7-349-058 7-349-102 7-364-076 7-364-121

7-349-059 7-349-103 7-364-077 7-364-122

7-349-060 7-349-104 7-364-078 7-364-123

7-349-061 7-349-105 7-364-079 7-364-124

7-349-062 7-349-106 7-364-080 7-364-125

7-349-063 7-349-107 7-364-081 7-364-126

7-349-064 7-349-108 7-364-082 7-364-127

7-349-065 7-349-109 7-364-083 7-364-128

7-349-066 7-349-110 7-364-084 7-364-129

7-349-067 7-349-111 7-364-085 7-364-130

7-349-068 7-349-112 7-364-086 7-364-13 1

7-349-069 7-349-113 7-364-087 7-364-132

7-349-070 7-349-114 7-364-088 7-364-133

7-349-071 7-349-115 7-364-089 7-364-134

7-349-072 7-349-116 7-364-090 7-364-135

7-349-073 7-349-117 7-364-091 7-364-136

7-349-074 7-349-118 7-364-092 7-364-137

7-349-075 7-349-119 7-364-094 7-364-138

7-349-076 7-349-120 7-364-095 7-364-139

7-349-077 7-349-121 7-364-096 7-364-140

7-349-078 7-349-122 7-364-097 7-364-141

7-349-079 7-349-123 7-364-098 7-364-143

7-349-080 7-349-124 7-364-099 7-364-144

7-349-081 7-349-125 7-364-100 7-364-145

7-349-082 7-349-126 7-364-101 7-364-146

7-349-083 7-349-127 7-364-102 7-364-147

7-349-084 7-349-128 7-364-103 7-364-148

7-364-149 7-365-031 7-365-075

7-364-150 7-365-032 7-365-076

7-364-151 7-365-033 7-365-077

7-364-152 7-365-034 7-365-078

7-364-153 7-365-035 7-365-079

7-364-154 7-365-036 7-365-080

7-364-155 7-365-037 7-365-081

7-364-156 7-365-038 7-365-082

7-364-157 7-365-039 7-365-083

7-364-158 7-365-040 7-365-084

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7-364-159 7-365-041 7-365-085

7-364-160 7-365-042 7-365-086

7-364-161 7-365-043 7-365-087

7-364-162 7-365-044 7-365-088

7-364-163 7-365-045 7-365-089

7-364-164 7-365-046 7-365-090

7-364-165 7-365-047 7-365-091

7-364-166 7-365-048 7-365-092

7-364-167 7-365-049 7-365-093

7-364-168 7-365-050 7-365-094

7-364-169 7-365-051 7-365-095

7-364-170 7-365-052 7-365-096

7-364-171 7-365-053 7-365-097 7-365-003 7-365-054 7-365-098 7-365-011 7-365-055 7-365-099 7-365-012 7-365-056 7-365-100 7-365-013 7-365-057 7-365-101 7-365-014 7-365-058 7-365-102 7-365-015 7-365-059 7-365-103

7-365-016 7-365-060 7-365-104 7-365-017 7-365-061 7-365-105 7-365-018 7-365-062 7-365-106

7-365-019 7-365-063 7-366-003 7-365-020 7-365-064 7-257-014

7-365-021 7-365-065 7-257-015

7-365-022 7-365-066 7-255-014 7-365-023 7-365-067 7-257-016 7-365-024 7-365-068 7-365-025 7-365-069

7-365-026 7-365-070

7-365-027 7-365-071 7-365-028 7-365-072

7-365-029 7-365-073 7-365-030 7-365-074

SECTION 2. [EFFECTIVE DATE.]

This Act shall become effective upon its approval by the Governor or upon its becoming

law without such approval.

SECTION 3.

[CONFLICTS.] All laws and parts of laws in conflict with this Act are repealed.

Subpart B

Related Laws*

* Editors Note: Printed in this subpart are local acts and local constitutional amendments pertaining to the City

of Sugar Hill. The source of each section is stated in the history note following the section. Obvious misspellings have

been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state

71

statutes has been used. Additions made for clarity are indicated by brackets.

Sec. 1. General homestead exemption.

Sec. 2. Tax exemption for elderly persons.

Sec. 3. Homestead exemption for low income elderly disabled persons.

Sec. 1. General homestead exemption.

(a) Each resident of the City of Sugar Hill is granted an exemption on that person's

homestead from all City of Sugar Hill ad valorem taxes for any city purposes, including but not

limited to taxes to retire bonded indebtedness, in the amount of $2,000.00 of the assessed value

of that resident's homestead, as defined and qualified in O.C.G.A. § 48-5-40, except that land

which is included in that homestead and which exceeds one acre shall not have the value thereof

exempt under this section.

(b) In accordance with subsection (c) of this section, the governing authority of the

Gwinnett County or its designee shall provided certificate and application forms for the

exemption granted by this section and shall require with the initial application such other

information as may be necessary to determine the eligibility of the owner for the exemption.

(c) The taxpayer shall be entitled to the exemption granted by this section if the

taxpayer has properly claimed, and it is determined that he is entitled to, the corresponding

exemption provided by Gwinnett County. The taxpayer shall cause his taxes for Gwinnett

County purposes to be claimed and returned as proved in O.C.G.A. § 48-5-50.1, but this section

specifically alters O.C.G.A. § 48-5-50.1 for City of Sugar Hill tax purposes.

(d) After any such owner has filed the proper documents and has been allowed the

exemption provided in this section, it shall not be necessary that he make application thereafter

for any subsequent year; and such exemption shall continue to be allowed to such owner. It

shall be the duty of any resident of the City of Sugar Hill who has claimed the homestead

exemption provided for in this section to notify the governing authority of the Gwinnett

County or its designee in the event he becomes ineligible for any reason to receive such

homestead exemption.

(e) The exemptions granted by this section shall be in lieu of and not in addition to

any other homestead exemption from City of Sugar Hill ad valorem taxes.

(f) The exemptions granted by this section shall apply to all taxable years beginning

after December 31, 1991.

(g) The exemptions granted by this section shall not apply to or affect any county

taxes for county purposes, county school district taxes for educational purposes, or state taxes.

(1991 Ga. Laws (Act No. 245), page 4675, §§ 1—7).

Sec. 2. Tax exemption for elderly persons.

72

(a) Each resident of the City of Sugar Hill who is 65 years of age or over is granted

an exemption on that person's homestead from all City of Sugar Hill ad valorem taxes for any

city purposes, including but not limited to taxes to retire bonded indebtedness, in the amount of

$2,000.00 of the assessed value of that resident's homestead, as defined and qualified in Code

Section 48-5-40 of the O.C.G.A. [O.C.G.A. § 48-5-40], except that land which is included in that

homestead and which exceeds one acre shall not have the value thereof exempt under this Act.

The value of the homestead in excess of the amount exempted by this section shall remain

subject to taxation.

(b) In accordance with Section 3 of this Act [subsection (c) hereof], the governing

authority of the City of Sugar Hill or its designee shall provide certificate and application forms

for the exemption granted by this Act and shall require with the initial application such other

information as may be necessary to determine the eligibility of the owner for the exemption.

(c) The taxpayer shall be entitled to the exemption granted by this Act if the taxpayer

has properly claimed, and it is determined that he or she is entitled to, the corresponding

exemption provided by Gwinnett County. The exemption granted by this Act shall be claimed

and returned as provided in O.C.G.A. § 48-5-50.1.

(d) After any such owner has filed the proper documents and has been allowed the

exemption provided in this Act, it shall not be necessary that he or she make application

thereafter for any subsequent year; and such exemption shall continue to be allowed to such

owner. It shall be the duty of any resident of the City of Sugar Hill who has claimed the

homestead exemption provided for in this Act to notify the governing authority of the City of

Sugar Hill or its designee in the event such resident becomes ineligible for any reason to receive

such homestead exemption.

(e) The exemption granted by this Act shall be in addition to any other homestead

exemption from City of Sugar Hill ad valorem taxes.

(f) The exemption granted by this Act shall apply to all taxable years beginning

after December 31, 1994.

(g) The exemption granted by this Act shall not apply to or affect any county

taxes for county purposes, county school district taxes for educational purposes, or state

taxes. (1994 Ga. Laws (Act No 839), page 4194, §§ 1--7)

Sec. 3. Homestead exemption for low income elderly disabled persons.

Any other provisions of this Constitution to the Contrary notwithstanding, each resident of

the City of Sugar Hill who is 62 years of age or over and who does not have an income from all

sources, including the income of all members of the family living in the home of said residents,

exceeding $5,000.00 per annum, and each resident of the City of Sugar Hill who is totally

disabled and who does not have an income from all sources, including the income of all

members of the family living in the home of said resident, exceeding $5,000.00 per annum, is

73

hereby granted an exception of $2,000.00 on his homestead from all ad valorem taxation by the

City of Sugar Hill as long as any such resident of the City of Sugar Hill actually occupies said

homestead as his residence. Provided, however, under this provision, there shall be no more than

one (1) $2,000.00 exemption per homestead. The value of the homestead in excess of the above

exempted amount shall remain subject to ad valorem taxation by the City of Sugar Hill. Any such

resident shall not receive the benefits of such homestead exemption unless he files an affidavit

with the governing authority of the City of Sugar Hill, or with a person designated by the

governing authority of the City of Sugar Hill, giving his age and the amount of income which he

receives and income which members of his family living in his home receive and such additional

information relative to receiving the benefits of such exemption as will enable the governing

authority of the City of Sugar Hill, or the person designated by the governing authority of the City

of Sugar Hill, to make a determination as to whether such owner is entitled to such exemption.

The governing authority of the City of Sugar Hill, or the person designated by the said governing

authority, shall provide affidavit forms for this purpose. The exemption provided for herein shall

apply to all taxable years beginning after December 31, 1974.

(1974 Ga. Laws, page 1722) Editors Note: The above amendment to Ga. Const. (1945), art. VII, § I, ¶ IV was continued in effect by

1987 Ga. Laws, page 5297.

CHARTER COMPARATIVE TABLE

This table shows the location of the sections of amendments to the Charter. The Charter is derived from the 1975 Ga. Laws page

3232, as amended, 2003 Ga. Laws (Act No. 19) page 3546.

Ga. Laws Year Page Act No. Section this Charter

RELATED LAWS COMPARATIVE TABLE

This table shows the location of Georgia Laws found in the Related Laws.

Georgia Laws Year Page Act No. Section Related Laws Section

1974 1722 3

1991 4675 245 1 1

1994 4194 839 1 2

PART II

CODE OF ORDINANCES Chapter 1

GENERAL PROVISIONS Sec. 1-1. How Code designated and cited.

Sec. 1-2. Definitions and rules of construction.

Sec. 1-3. Catchlines of sections, effect of history notes,

references in Code.

Sec. 1-4. Effect of repeal or expiration of Code

74

section.

Sec. 1-5. Amending the Code.

Sec. 1-6. Supplementation of Code.

Sec. 1-7. General penalty; continuing violations.

Sec. 1-8. Severability of Code.

Sec. 1-9. Provisions considered as continuations of existing ordinances.

Sec. 1-10. Prior offenses, penalties, contracts or rights not affected by

adoption of Code.

Sec. 1-11. Certain ordinances not affected by Code.

Sec. 1-1. How Code designated and cited.

The ordinances embraced in this and the following chapters shall constitute and be

designated "The Code of the City of Sugar Hill, Georgia," may be so cited.

(Code 1988, § 1-1) State Law References: Codification requirements, O.C.G.A. § 36-80-19.

Sec. 1-2. Definitions and rules of construction.

In the construction of this Code and of all ordinances, the rules of construction and

definitions set out in this section shall be observed. The rules of construction and definitions set

out in this section shall not be applied to any section of this Code which shall contain any

express provisions excluding such construction or where the subject matter or context of such

section may be repugnant thereto.

Generally. The ordinary signification shall be applied to all words, except words of

art or words connected with a particular trade or subject matter when they shall have the

signification attached to them by experts in such trade or with reference to such subject

matter. In all interpretations the courts shall look diligently for the intention of the

council, keeping in view, at all times, the old law, the evil and the remedy. Grammatical

errors shall not vitiate, and a transposition of words and clauses may be resorted to when

the sentence or clause is without meaning as it stands. State Law References: Similar provisions, O.C.G.A. § 1-3-1(a), (b).

Liberal construction; minimum requirements; overlapping provisions. All general

provisions, terms, phrases and expressions contained in this Code shall be liberally construed

in order that the true intent and meaning of the city council may be fully carried out. In the

interpretation and application of any provision of this Code, they shall be held to be the

minimum requirements adopted for the promotion of the public health, safety, comfort,

convenience and general welfare. Where any provision of this Code imposes greater

restrictions upon the subject matter than the other provisions of this Code, the provision

imposing the greater restriction or regulation shall be deemed to be controlling. The

specific controls over the general.

As soon as possible. The term "as soon as possible" means within a reasonable time,

75

having due regard to all the circumstances.

State Law References: Similar provisions, O.C.G.A. § 1-3-3(5).

Charter. The term "charter" means the Charter of the City of Sugar Hill,

Georgia, as amended. City. The term "city" means the City of Sugar Hill,

Georgia.

Code. The term "Code" means The Code of the City of Sugar Hill, Georgia, as designated

in section 1-1.

Computation of time. When a number of days is prescribed for the exercise of any

privilege or the discharge of any duty, only the first or last day shall be counted. If the last

day shall fall on Saturday or Sunday, the party having such privilege or duty shall have through

the following Monday to exercise such privilege or to discharge the duty. When the last day

prescribed for such action shall fall on a public or legal holiday as set forth in state law, the

party having such privilege or duty shall have through the following business day to exercise

such privilege or to discharge the duty. When the period of time prescribed is less than seven

days, an intermediate Saturday, Sunday and legal holiday shall be excluded in the

computation. State Law References: Similar provisions, O.C.G.A. § 1-3-1(d)(3).

Conjunctions. Where a provision involves two or more items, conditions, provisions or

events connected by the conjunction "and," "or" or "either . . . or," the conjunction shall be

interpreted as follows:

(1) The term "and" indicates that all the connected items, conditions, provisions

or events shall apply.

(2) The term "or" indicates that the connected items, conditions, provisions or

events may apply singly or in any combination.

(3) The term "either . . . or" indicates that the connected items, conditions, provisions

or events shall apply singly, but not in combination.

Council, city council. The term "council" or "city council" means the city council of the

City of Sugar Hill, Georgia.

County. The term "county" means Gwinnett County, Georgia.

Delegation of authority. Whenever a provision appears requiring a city officer or city

employee to do some act, it is to be construed to authorize the officer or employee to

designate, delegate and authorize subordinates to perform the required act.

76

Following. The term "following" means next after. State Law References: Similar provisions, O.C.G.A. § 1-3-3(8).

Gender. Words of one gender includes all other genders. State Law References: Gender, O.C.G.A. § 1-3-1(4).

Joint authority. A joint authority given to any number of persons or officers may be

executed by a majority of them, unless it is otherwise declared. State Law References: Similar provisions, O.C.G.A. § 1-3-1(5)

Keeper and proprietor. The terms "keeper" and "proprietor" mean and include persons,

whether acting by themselves or acting as a servant, agent or employee.

May. The term "may" is to be construed as being permissive. State Law References: Definition of "may," O.C.G.A. § 1-3-3(10).

Mayor. The term "mayor" means the mayor of the city.

Month. The term "month" means a calendar month. State Law References: Similar provisions, O.C.G.A. § 1-3-3(1 1).

Must. The term "must" is to be construed as being mandatory.

Number. The singular and plural number include the other, unless expressly excluded. State Law References: Similar provisions, O.C.G.A. § 1-3-1(6).

Oath. The term "oath" includes an affirmation. State Law References: Similar provisions, O.C.G.A. § 1-3-3(12).

O.C.G.A. The abbreviation "O.C.G.A." means the Official Code of Georgia Annotated, as

amended.

Officials, employees, boards, commissions or other agencies. Whenever reference is

made to officials, employees, boards, commissions or other agencies by title only, the

reference refers to the officials, employees, boards, commissions or other agencies of the

city.

Owner. The term "owner," as applied to a building or land, includes any part owner, joint

owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of the

building or land.

Person. The term "person" includes any association, club, society, firm, corporation,

partnership or body politic and corporate, as well as an individual. State Law References: Definition of "person," O.C.G.A. § 1-3-3(14).

Personal property. The term "personal property" includes every species of property

77

except real property.

Preceding. The term "preceding" means next before. State Law References: Similar provisions, O.C.G.A. § 1-3-3(15).

Property. The term "property" includes real and personal property. State Law References: Similar provisions, O.C.G.A. § 1-3-3(16).

Public place. The term "public place" includes any place that the public is invited or

permitted to go or congregate.

Real property. The term "real property" include lands, tenements and hereditaments.

Shall. The term "shall" is to be construed as being mandatory.

State. The term "state" means the State of Georgia.

Street or road. The term "street" or "road" includes any street, avenue, boulevard, road,

alley, lane, viaduct and any other public highway in the city, including, but not limited to, the

paved or improved surfaces thereof.

Tenant or occupant. The term "tenant" or "occupant," applied to a building or land,

includes any person holding a written or oral lease of or who occupies the whole or a part of a

building or land, either alone or with others.

Tense. Words used in the past or present tense include the future, as well as the past and

present. State Law References: Tense of words, O.C.G.A. § 1-3-1(7).

Week. The term "week" means seven days.

Will. The term "will" is to be construed as being mandatory.

Writing. The term "writing" includes printing and all numerals. State Law References: Similar provisions, O.C.G.A. § 1-3-3(23).

Year. The term "year" means a calendar year. State Law References: Similar provisions, O.C.G.A. § 1-3-3(24).

(Code 1988, §§ 1-2, 1-3)

Sec. 1-3. Catchlines of sections, effect of history notes, references in Code.

(a) The catchlines of the several sections of this Code in boldface type are intended as

mere catchwords to indicate the contents of the sections and shall not be deemed or taken

to be titles of such sections nor as any part of such sections nor, unless expressly so provided,

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shall they be so deemed when any of such sections, including the catchlines, are amended

or reenacted.

(b) The history or source notes appearing in parentheses after sections in this Code

are not intended to have any legal effect but are merely intended to indicate

the source of matter contained in the section. Cross references, charter references,

related law references and state law references which appear after sections or

subsections of this Code or which otherwise appear in footnote form are

provided for the convenience of the user of this Code and have no legal effect.

(c) All references to chapters, articles, divisions, subdivisions or sections are to

chapters, articles, divisions, subdivisions or sections of this Code, unless

otherwise specified.

(Code 1988, § 1-4)

Sec. 1-4. Effect of repeal or expiration of Code section.

(a) The repeal of a Code section, ordinance or resolution, or its expiration by virtue of

any provision contained therein, shall not affect any right accrued or any offense

committed, any penalty or punishment incurred, or any proceeding

commenced before the repeal took effect or the ordinance expired.

(b) When any ordinance which repealed a former Code section, ordinance, clause or

provision, shall be itself repealed, such repeal shall not be construed to

revive such former Code section, ordinance, clause or provision,

unless it shall be expressly so provided; provided, however, this section shall

have no applicability to a declaration by a court of competent jurisdiction that same

is invalid or void.

(Code 1988, § 1-5)

Sec. 1-5. Amending the Code.

(a) All ordinances passed subsequent to this Code which amend, repeal or in any way

affect this Code shall be numbered in accordance with the numbering system

of this Code and printed for inclusion herein. In the case of repealed chapters,

sections and subsections, or any part thereof, by subsequent ordinances, such repealed

portions may be excluded from the Code by omission from reprinted pages affected

thereby. The subsequent ordinances as numbered and printed, or as

omitted in the case of repeal, shall be prima facie evidence of such subsequent ordinances

until such time as the Code and subsequent ordinances omitted are readopted as

a new Code by the council.

(b) Amendments to any of the provisions of this Code may be made by specific

reference to the

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section number of this Code in the following language: "That section

______________ of The Code of the City of Sugar Hill, Georgia, is hereby

amended by deleting the following words from said section, to wit: "___________"

and by substituting the following words therefore, to wit:

"____________". (The new provision shall then be set out in full as desired.)

(c) In the event a new section not heretofore existing in the Code is to be added, the

following language may be used. "The Code of the City of Sugar Hill,

Georgia, is hereby amended by adding a section (or subsection or chapter)

to be numbered _____, which section shall read as follows... . " (The new

provision shall then be set out in full as desired.)

(d) All sections, chapters or provisions sought to be revealed must be

specifically repealed by section, chapter or provision number, as the case

may be.

(Code 1988, § 1-6)

Sec. 1-6. Supplementation of Code.

(a) Supplements to this Code shall be prepared and printed whenever authorized or

directed by the city. A supplement to the Code shall include all substantive

permanent and general parts of ordinances adopted during the period

covered by the supplement and all changes made thereby in the Code. The pages

of a supplement shall be so numbered that they will fit properly into the Code

and will, where necessary, replace pages which have become obsolete, or partially

obsolete, and the new pages shall be so prepared that, when they have been

inserted, the Code will be current through the date of the adoption of the latest

ordinance included in the supplement.

(b) In preparing a supplement to this Code, all portions of the Code which have

been repealed shall be excluded from the Code by the omission thereof from

reprinted pages.

(c) When preparing a supplement to this Code, the person authorized to prepare the

supplement may make formal, non-substantive changes in ordinances and parts of

ordinances included in the supplement, insofar as it is necessary to do so to

embody them into a unified Code. For example, the person may:

(1) Organize the ordinance material into appropriate subdivisions;

(2) Provide appropriate catchlines, headings and titles for sections and

other subdivisions of the Code printed in the supplement and make

changes in such catchlines, headings and titles;

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(3) Assign appropriate numbers to sections and other subdivisions to be

inserted in the Code and, where necessary to accommodate new

material, change existing section or other subdivision numbers;

(4) Change the words "this ordinance" or words of the same meaning to "this

chapter," "this article," "this division," etc., as the case may be, or to

"sections to " (inserting section numbers to indicate the sections of

the Code which embody the substantive sections of the ordinance

incorporated into the Code); and

(5) Make other non-substantive changes necessary to preserve the original

meaning of ordinance sections inserted into the Code.

(d) In no case shall the person make any change in the meaning or effect of

ordinance material included in the supplement or already embodied in the Code.

Sec. 1-7. General penalty; continuing violations.

(a) In this section, the term "violation of this Code" means:

(1) Doing an act that is prohibited or made or declared unlawful, an

offense or a misdemeanor by ordinance or by rule or regulation

authorized by ordinance;

(2) Failure to perform an act that is required to be performed by ordinance or

by rule or regulation authorized by ordinance; or

(3) Failure to perform an act if the failure is declared a misdemeanor or an

offense or unlawful by ordinance or by rule or regulation

authorized by ordinance.

(b) In this section, the term "violation of this Code" does not include the failure of

a city officer or city employee to perform an official duty, unless it is to be provided

that failure to perform the duty is to be punished as provided in this section or it is clear

from the context that is the intent to impose the penalty provided for in this section upon

the officer or employee.

(c) Except as otherwise provided, a person convicted of a violation of this Code shall

be punished by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding six

months, or any combination thereof. With respect to violations of this Code that are

continuous with respect to time, each day the violation continues is a separate offense.

(d) The imposition of a penalty does not prevent revocation or suspension of a

license, permit, or franchise or other administrative sanctions.

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(e) Violations of this Code that are continuous with respect to time are a public

nuisance and may be abated by injunctive or other equitable relief and by such other

means as are provided by law. The imposition of a penalty does not prevent

equitable relief.

(Code 1988, § 1-8) State Law References: Limitation on penalties, O.C.G.A. § 36-25-6(a)(2).

Sec. 1-8. Severability of Code.

The sections, paragraphs, sentences, clauses and phrases of this Code are severable, and

if any phrase, clause, sentence, paragraph or section of this Code shall be declared

unconstitutional, invalid or otherwise unenforceable by the valid judgment or decree of any court

of competent jurisdiction, that unconstitutionality, invalidity or unenforceability shall not affect

any of the remaining phrases, clauses, sentences, paragraphs or sections of this Code, since they

would have been enacted without the incorporation in

Sec. 1-9. Provisions considered as continuations of existing ordinances.

The provisions appearing in this Code, insofar as they are the same as those of the Code

of the city, as amended, and ordinances existing at the time of adoption of this Code, shall be

considered as continuations thereof and not as new enactments.

Sec. 1-10. Prior offenses, penalties, contracts or rights not affected by adoption of Code.

(a) Nothing in this Code or the ordinance adopting this Code shall affect any

offense or act committed or done or any penalty or forfeiture incurred or any contract or right

established or accruing before the effective date of this Code.

(b) The adoption of this Code shall not be interpreted as authorizing or permitting any

use or the continuance of any use of a structure or premises in violation of

any ordinance of the city in effect on the date of adoption of this Code.

Sec. 1-11. Certain ordinances not affected by Code.

Nothing in this Code or the ordinance adopting this Code affects the validity of any of

the following ordinances or portions of ordinances, which ordinances or portions of

ordinances continue in full force and effect to the same extent as if published at length in

this Code:

(1) Amending the City Charter.

(2) Promising or guaranteeing the payment of money or authorizing the issuance of

bonds or other instruments of indebtedness.

(3) Authorizing or approving any contract, deed, or agreement.

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(4) Granting any right or franchise.

(5) Making or approving any appropriation or budget.

(6) Providing for salaries or other employee benefits not codified in this Code.

(7) Adopting or amending the comprehensive plan.

(8) Providing for development regulations.

(9) Providing for buffer, landscape or tree regulations.

(10) Levying or imposing any special assessment.

(11) Dedicating, establishing naming, locating, relocating, opening, paving,

widening, repairing or vacating any street, sidewalk or alley.

(12) Dedicating, accepting or vacating any plat or subdivision.

(13) Levying, imposing or otherwise relating to taxes or fees in lieu of taxes not

codified in this Code.

(14) Rezoning property or amending the zoning map or otherwise pertaining to zoning.

(15) Adopting or amending the 2000 Zoning Ordinance of the City of Sugar Hill,

Georgia.

(16) That is temporary, although general in effect.

(17) That is special, although permanent in effect.

(18) The purpose of which has been accomplished.

Chapter 2 ADMINISTRATION*

* State Law References: Municipal corporations generally, O.C.G.A. § 36-30-1 et seq.

Article I. In

General Sec. 2-1. Obstructing, abusing, failing to obey officials.

Sec. 2-2. Office hours.

Sec. 2-3. Public records--Availability.

Sec. 2-4. Same --Examination; copies.

Sec. 2-5. Check signature policy; use of credit cards.

Sec. 2-6. Prohibited contracts.

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Sec. 2-7. In-service training of employees.

Secs. 2-8--2-30. Reserved.

Article II. Mayor and Council

Division 1. Generally

Sec. 2-31. Election; terms.

Sec. 2-32. Qualification for office.

Sec. 2-33. Administrative resolutions.

Sec. 2-34. Giving directions to employees who are subject to appointment and removal by city manager.


Division 2.

Meetings Sec. 2-66. Times; open to public.

Sec. 2-67. Notice of special meetings.

Sec. 2-68. Duty to attend.

Sec. 2-69. Robert's Rules of Order.

Sec. 2-70. Presiding officer.

Sec. 2-71. Agenda.

Sec. 2-72. Minutes.

Sec. 2-73. Presentation of matters for consideration.

Sec. 2-74. Presentation and enactment of ordinances.

Sec. 2-75. Questions of order, appeals.

Sec. 2-76. Elections.


Article III. Officers and Employees

Division 1.

Generally

Sec. 2-111. Oath of office described.


Division 2. City

Clerk Sec. 2-146. Term of office; removal.

Sec. 2-147. Powers and duties.



Sec. 2-182. Authority to sell or convey parcel of city

owned property.

Sec. 2-183. Removal from office.


Divisio

n 4. City Attorney Sec. 2-206. Qualifications and appointment.

Sec. 2-207. Oath.


Sec. 2-209. Compensation.


Division

5. Code of Ethics Sec. 2-23 1. Purpose of division.

Sec. 2-232. Scope of persons covered.

Sec. 2-233. Definitions.

Sec. 2-234. Standards of conduct.

Sec. 2-235. Prohibition of conflict of interest.

Sec. 2-236. Exemptions.

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Sec. 2-237. Violations of division; penalty.


Article IV. Boards and Commissions


Sec. 2-271. Conflict of interest policy for members of boards, commissions

and authorities.


Division 2.

Recreation Board Sec. 2-296. Composition, appointment and

tenure.

Sec. 2-297. Vacancies.


Sec. 2-299. Officers; rules of procedure.

Sec. 2-300. Incorporation of state law.


Sec. 2-302. Staffing, contracts and expenditures.

A

RTICLE I.

IN GENERAL

Sec. 2-1. Obstructing, abusing, failing to obey officials.

No person shall in any manner oppose or obstruct by acts or menace any officer or

employee of the city in the discharge of his duties, or strike, assault, molest or abuse said officer

or employee, and no person shall refuse and fail to obey an order or instruction of such officer or

employee.

(Code 1988, § 2-1) State Law References: Obstructing certain public officers, O.C.G.A. § 16-20-24 et seq.; assault and battery, O.C.G.A.

§ 16-5-20 et seq.

Sec. 2-2. Office hours.

All city offices shall be open between the hours of 9:00 a.m. and 5:00 p.m. on weekdays

and shall be closed on Saturday, Sunday, and on such legal holidays as are determined by the

council to be holidays for the city.

(Code 1988, § 2-2)

Sec. 2-3. Public records --Availability.

All city records, except those which by order of a court of competent jurisdiction or by

provisions of state or federal law are privileged or prohibited from being open to public

inspection, shall be open for personal inspection by any member of the public during regular

office offices as set forth in this Code, and such inspections and copying shall be in accordance

85

with the provisions of state law relating to public records. State Law References: Inspection of public records, O.C.G.A. § 50-18-70 et seq.

Sec. 2-4. Same--Examination; copies.

(a) Rules for copying; request forms. Any person may examine in the clerk's office,

or in a place specifically designated by the clerk for such examination, any

paper or document which is a part of the public records of the city, and may

copy same. The clerk may impose such reasonable rules as may be required from time

to time in order to assure the preservation and safety of original documents

and papers. The clerk may adopt a reasonable form to be used and require its usage

for requests for examination and copying of public records. Provided, however, that

nothing shall prevent the reasonable access by members of the public to

records required by law to be available to the public.

(b) Time limit. Any person may examine and obtain copies of the public records of

the city in accordance with the terms of the provisions of state law regarding

inspections and copying of public records. If the cumulative number of pages

desired by a person to be copied during any one day exceeds five, the clerk shall

not be required to make the copies while the person is waiting, but may

make such copies within two working days after the request is received. If the

clerk cannot reasonably make the copies while the person is waiting because more than

five pages have been so requested, because of equipment failure during the day

within which the request is received, because of a reasonable doubt by the clerk

as to whether the document requested is a public record, or for any other

substantive reason, at the request of the person desiring the copies, the clerk shall mail

the copies to such person after they have been made, at no additional cost for

postage. Provided, however, that nothing herein shall require the city or the clerk to make

any photo or machine copies of any papers or documents nor to permit the

same to be done where the city does not have equipment available which is operative

and capable of making such copies or where the copying of an original

paper or document with a machine might, in the opinion of the clerk, damage

the original, nor shall the city be required to permit an original paper or document

to be taken from the immediate presence of the clerk, deputy clerk or some other person

designated by the clerk for such purpose. The clerk may adopt a

reasonable form to be used and required its usage to make copies of public

records.

(c) Waiver of copying fees. Copying fees shall be waived when the requester is

acting in capacity of a council or board member and having requested records

related to the business of that board, authority, commission, or council for which

the requester is a member. This waiver shall not be valid for requests of copies

relative to other boards, authorities, commissions, or city council for which

the requester is not a duty elected or appointed member in good standing.

(Code 1988, § 2-4; Ord. of 4-12-1999)

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State Law References: Copies of public records, O.C.G.A. § 50-18-71.

Sec. 2-5. Check signature policy; use of credit cards.

(a) Purpose. The purpose of this section is to provide a mechanism to facilitate an

orderly systematic process for check signatures.

(b) Objective. The objective of this section is to place total responsibility upon

city manager for enforcement and implementation of check signature policy.

(c) Guidelines.

(1) All checks require two signatures.

(2) The mayor and city manager are responsible for check signatures when

both officials are available.

(3) The city manager's signature is required on all checks except in the

absence of the city manager when a check is required to

complete a transaction.

(4) Upon absence, the city manager shall designate the city clerk to sign

checks with the mayor. Should the mayor or city clerk be

absent, the mayor pro tem's signature is required if

available. Should the mayor and city clerk be absent, one of the following

staff members shall sign checks with the mayor pro tem:

a. Deputy clerk;

b. City accountant;

c. Personnel officer.

Upon the city manager's return, a copy of all checks signed shall be

submitted to the city manager.

(5) During the mayor's absence, the city manager and city clerk shall sign

checks. If the city clerk is absent, the city manager and mayor

pro tem, if available, shall sign checks.

(d) Credit cards. All sums due the city including, but not limited to, ad valorem

taxes, occupation taxes, fines, forfeitures, penalties, license fees, permit fees and registration

fees, may be paid by the use of credit cards. The city manager shall establish the procedures

for acceptance of credit card payments for amounts due the city. The city manager is authorized

to enter into agreements with credit card issuers to facilitate the acceptance of credit card

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payments by the city.

(Code 1988, § 2-5; Ord. of 11-11-1996; Amd. of 4-2000, § 2-5)

Sec. 2-6. Prohibited contracts.

(a) Prohibited contracts. The city shall not enter into any contract involving services

or property with a current or former member of the governing authority and/or

a current or former employee or with a business in which a member of

the current or former governing authority and/or a current or former employee

has a substantial financial interest. For purposes of this article, a substantial

financial interest is defined as an ownership interest of ten percent or more.

This restriction shall apply for a period of 12 months after the member of the governing

authority or employee has left his or her position with the city, but shall

not apply in the case of:

(1) The designation of a bank or trust company as a depository for city

funds;

(2) The borrowing of funds from any bank or lending institution which

offers the lowest available rate of interest in the vicinity for such loan.

(3) Contracts entered into in accordance with the O.C.G.A. § 16-10-6;

(4) Contracts for services which are awarded pursuant to sealed competitive

bids subsequent to an advertised competitive bid process in

accordance with the purchasing ordinance of the city;

(5) Contracts entered into under circumstances which constitute an emergency

situation; provided that a written record explaining the emergency is

prepared by the mayor and submitted to the council at its next regular

meeting and thereafter kept on file;

(6) The purchasing or contracting with a business at which a current or former

official and/or a current or former employee is an employee, provided that official

and/or employee has no substantial financial interest or proprietary

position with the business;

(7) When the city had a contract with such a person or business prior to the

member and/or employee leaving office and that person did not

influence the city to enter that contract in anticipation of personal gain;

(8) The business received the contract for having the lowest and best bid

88

pursuant to the purchasing procedures established by the city and

the person did not represent the business in its discussions with or

submissions to the mayor and council.

(b) Restrictions for current or former members and/or current or former employees

of governing authority. No person who is a current member of the governing

authority of the city and/or employee of the city or who has been a member of

the governing authority and/or employee of the city within the past 12-month

period shall attempt to influence the city to award a contract or take any

official action which would result in personal financial gain for the person or any

individual or business with whom the person has a substantial financial interest.

(c) Use of property or services. No current or former official and/or current or former

employee shall request, use or permit the use of any city-owned or city-supported

property, vehicle, equipment, labor or service for himself or any other person or

private entity; provided, however, that no current or former official and/or

employee is prohibited from requesting, using, or permitting the use of any

city-owned or city-supported property, vehicle, equipment, material, labor, or service

which as a matter of city policy is made available to the public at large or which is

provided as a matter of stated public policy for the use of current or former

officials and/or current or former employees in the conduct of official city

business.

(Code 1988, § 2-6; Ord. of 2-12-1996)

Sec. 2-7. In-service training of employees.

Each department shall:

(1) Provide an employee with a copy of his job description as written by the

personnel office.

(2) During each job evaluation, review job description with employee.

(3) Department heads or supervisors shall have at least one day of in-service training

per month with employees on the above procedures.

(4) Department heads or supervisor shall have at least one day of safety training per

month with employees in order to address specific areas which effect the safety of his

department. This training will not replace the training required by the safety

committee which is given by the city manager’s administrative assistant.

(5) The drug enforcement officer shall present training sessions on a regular basis in

order for the city to receive a drug free work place status from G.M.A.

89

(6) Attendance records will be kept of each training session for job procedures, safety

meetings, and substance abuse.

(7) Certificates of attendance will be issued and placed in employee personnel files

after each day of in-service training.

(Code 1988, § 2-7; Ord. of 11-11-1996)

Sec. 2-8. Zoning related applications and public hearings.

The Department of Planning and Zoning shall establish a deadline by which applications

for Annexation, Rezoning, Special Use Permits, Change of Zoning Conditions, or Variances

shall be submitted to and received by the Department. The Department shall not accept any such

applications unless they are complete and satisfy all requirements placed on such applications by

state law or city ordinance. If an applicant amends their application within one week of the

scheduled meeting of the Planning Commission or the Mayor and Council, the application shall

be tabled until the next available agenda. The Department shall place the first six (6) of such

applications submitted and accepted by the Department on the agenda of the Planning

Commission and Mayor and Council in the order in which such applications were accepted.

Once six (6) such applications have been accepted and placed on the agenda of a Planning

Commission meeting and Mayor and Council meeting, any other applications submitted and

accepted will be placed on the next available agenda.


ARTICLE II. MAYOR AND COUNCIL

DIVISION 1. GENERALLY

Sec. 2-31. Election; terms.

(a) There shall be a municipal election biennially in the odd years on the Tuesday

next following the first Monday in November. The official terms of the mayor and council

members shall be four years so as to comply with state law.

(b) On the Tuesday next following the first Monday in November 2005 and every

four years thereafter, the successors to the position of mayor and such

two council members who hold seats 1 and 2 (the seat currently held by

Nick Thompson shall be post 1; the seat currently held by Ron Johnson shall be post

2) shall serve terms of office of four years and until their successors are elected

and qualified and shall take office on the day of the first organizational meeting in

January following their election.

(c) On the Tuesday next following the first Monday in November 2003 and every

four years thereafter, the successors to the position of such three

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council members who hold seats 3, 4, and 5 (the seat currently held by Steve

Edwards shall be post 3; the seat currently held by Meg Avery shall be post

4; the seat currently held by Kim Hall shall be post 5) shall be elected and shall

serve terms of office of four years and until their successors are elected and qualified

and shall take office on the day of the first organizational meeting in

January following their election.

State Law References: Elections generally, O.C.G.A. § 21-2-1 et seq.

Sec. 2-32. Qualification for office.

Any person whose principal place of residence is within the corporate limits of the city

and who is both a qualified voter of the city and at least 18 years of age at the time of election

shall be eligible for the office of mayor or councilperson. Should any elected official cease to

maintain the principal place of residence of such official within the city during the term of

office of such official, such office shall thereby become vacant. (Code 1988, § 2-22) State Law References: Qualifications for electors, O.C.G.A. § 2 1-2-216.

Sec. 2-33. Administrative resolutions.

Matters purely administrative in nature not constituting an ordinance that affects the

welfare of the city as a whole, such as appointment of persons to serve on temporary or

permanent committees or boards, may be done by the passage of an administrative resolution

which can be moved, seconded and passed at the meeting of the council at which meeting it is

introduced. Such a resolution shall become effective at the time after its adoption as is set forth

therein or, if no later time is set forth in it, immediately following its adoption. A veto by the

mayor of an administrative resolution must be made immediately following and at the same

meeting of its adoption. The council may override such a veto in the same manner as it would the

veto of an ordinance.

(Code 1988, § 2-25)

Sec. 2-34. Giving directions to employees who are subject to appointment and removal by

city manager.

Except for inquiry and investigation, the mayor and council shall deal with city

employees who are subject to appointment and removal by the city manager solely through

the city manager and shall not give orders or directions to any such employee, either

publicly or privately, directly or indirectly. (Code 1988, § 2-26)


DIVISION 2.

MEETINGS

Sec. 2-66. Times; open to public.

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The council shall hold its regular work session meeting on the first Monday of each

month at 7:00 p.m., unless otherwise ordered by the council. The council shall hold its regular

council meeting on the second Monday of each month at 7:30 p.m., unless otherwise ordered by

the council. The Mayor may convene the council for a special meeting whenever, in the opinion

of the mayor or at least two council members, business requires a special meeting. All meetings

of the council shall be open to the public unless closed in accordance with the provisions of state

law.

Amend. June, 2009.

92

Sec. 2-67. Notice of special meetings.

Special meetings of the city council shall be called in accordance with the provisions of the

city Charter and the applicable laws of the state. The person taking the minutes shall record in the

minutes of the meeting the names of the persons attending, the manner by which notice was given

and shall attach a copy of the written notice to the minutes, and the date and time of giving of

notice to each of the mayor and councilpersons. If an objection is made as to any aspect of the

notice of the meeting, there shall be noted in the minutes the nature of the objection and the person

making it.

(Code 1988, § 2-42) State Law References: Notice of special meetings, O.C.G.A. § 50-14-1(d).

Sec. 2-68. Duty to attend.

It shall be the duty of each member of the council to attend each meeting of the council,

unless such member is prevented by some unavoidable circumstance.

(Code 1988, § 2-43)

Sec. 2-69. Robert's Rules of Order.

Except as otherwise provided in this article, Robert's Rules of Order, Newly Revised, 10th

Edition shall govern the conduct of council meetings.

(Code 1988, § 2-44)

Sec. 2-70. Presiding officer.

(a) Mayor, mayor pro tem. The mayor shall preside at all regular and special meetings

of the council. In the absence of the mayor, the mayor pro tem shall preside. The person

presiding shall have no vote on matters before the council for consideration

except in the case of a tie vote, in which case the deciding vote may be cast by the

presiding person.

(b) Special appointments. The presiding officer may, with the consent of a majority of

the councilpersons and voting, appoint a person who is an elected official of the city to

preside for a portion or all of any meeting of the council. (As an example of such a special

appointment, but without in anyway binding the presiding officer to make such appointment, at

any time the presiding officer may appoint the chairman of the planning commission to preside

during a public hearing before the council on a matter involving the zoning ordinance, or

may appoint the city manager to preside during consideration of an administrative matter.) Any

such temporary presiding officer shall have no vote.

(c) Commencement of meetings. The presiding officer shall take the chair at the hour

appointed for any regular, temporarily adjourned, special, or called meeting, and

shall immediately call the council to order.

(Code 1988, §§ 2-45, 2-46)

Sec. 2-71. Agenda.

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(a) Routine. Each meeting of the council shall follow in substantial form the agenda set

forth herein:

(1) Call to order;

(2) Pledge of Allegiance to the Flag of the United States of America;

(3) Invocation;

(4) Approval of the agenda;

(5) Approval of minutes immediately preceding regular council meeting and of

any intervening special meetings;

(6) Reports of the Council;

a. City Attorney’s report

b. Council Member’s reports

c. Mayor’s report

d. City Clerk’s report

e. City Manager’s report

(7) Consent Agenda

(8) Old Business

(9) Citizen and guests comments

(10) New Business

(11) Executive session on matters allowed by law, if necessary

(12) Public action on any executive session matters

(13) Adjournment

(Amd. of 6-2002, § 2-49, Amd. Of 2-24-05); Amend. June, 2009 State Law References: Agenda, O.C.G.A. tit. 50.

(b) Modification. The presiding officer may, with the consent of a majority of the

councilpersons present, deviate from the established agenda in the following

respects:

(1) By waiving the reading of the minutes of the prior meetings;

(2) By changing the order of the established agenda items; and/or

(3) As to special meetings only, by deleting all agenda items expect item (a)(1),

the matter for which the special meeting was called, and item (a)(13).

(c) Preparation. The City Clerk or her designee shall prepare a written agenda by

12:00 Noon on the Friday immediately preceding the first Monday and the Friday

immediately preceding the second Monday of each month. The agenda shall follow,

in substantial form, the routine set forth in subsection (a) of this section, and shall

include all matters known that will be considered by the mayor and council at their

regularly scheduled meeting on the following Monday. The mayor, city manager,

city clerk, city attorney or council member desiring to present any matter to the

council for its consideration at a regular meeting shall so advise the clerk by at least

12:00 noon on the Friday immediately preceding the first or second Monday of each

month so as to allow the clerk to include said items on the agenda. Any person or

persons other than those listed above desiring to present any matter to the council

for its consideration may only do so with the consent of the mayor or at least one

council member, who shall notify the clerk to include the item on the agenda. If an

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item is to appear on the agenda for the regularly scheduled council meeting on the

second Monday of the month and it is not required to be discussed or is not subject

to a public hearing or public comment, the item may be placed on a consent agenda

with unanimous approval of the mayor and council. If an item is placed on the

consent agenda, the city clerk shall include a brief description of the item on the

agenda. Any items placed on the consent agenda may be removed at the request of

any council member or the mayor. If an item is removed from the consent agenda,

it shall be moved to the end of the Old Business or New Business section of the

agenda, as appropriate. No matter will be considered by the mayor and council at a

meeting which is not on the published written agenda, unless the change to the

agenda is approved by unanimous consent of the council members present at the

meeting. After the agenda is finalized, the city clerk shall make the agenda and all

pertinent papers and the facts available to the mayor and council and the general

public in accordance with state law and city policy. Amend. June, 2009

(d) Posting. After the written agenda has been prepared, it shall be provided to each

council member, the mayor, the city manager, and the city attorney. Additionally,

the agenda shall be posted on the public information board adjacent to the entrance

to City Hall and shall remain there throughout the meeting. A sufficient number of

copies of the agenda shall be available near the entrance to the city council meeting

room and the agenda shall be available to the general public and shall remain

available throughout the meeting. Amend. June, 2009

Sec. 2-72. Minutes.

The clerk, a deputy clerk, or some other person designated by the clerk in the absence of the

clerk or deputy clerk, shall attend each council meeting, shall accurately record the subject of each

matter introduced for consideration by the council, shall note the name of the person seconding

same, the names of each person moving and seconding any matter in connection with each such

ordinance or resolution, and the number of "ayes" and "nays" for each ballot taken. The minutes of

all public meetings shall be kept on record and shall be available for inspection and copying as

provided by state law regarding public records. Minutes of meetings properly closed to the public

shall be maintained as required by state law.

(Code 1988, § 2-50) State Law References: Inspection of public records, O.C.G.A. § 50-18-70 et seq.

Sec. 2-73. Presentation of matters for consideration.

(a) Public participation. Attendance at council meetings by the public is encouraged.

Participation of persons at council meeting shall be in the discretion of the presiding

officer; provided, however, that no person shall be denied any constitutional rights

including those rights relating to free speech and public assembly.

(b) Rules for getting a specific matter considered at a meeting. Any person other than

the mayor, city manager, city clerk, city attorney or council member desiring a

specific matter to be considered by the council at a regular or special meeting of the

council shall: Amend. June, 2009

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(1) Under the provisions of and within the time specified by section 2-71(c)

above, submit to the clerk the matter sought to be placed on the agenda.

The clerk shall notify the mayor and council of the matter requested to

be placed on the agenda. The matter will only be placed on the agenda if

approved by the mayor or at least one councilperson. The city clerk

shall notify said person whether the matter has secured approval of the mayor or a

councilperson or if the matter has failed to secure the approval of the mayor

or a councilperson; and

(2) If the matter has been approved to be placed on the agenda, the person

submitting the matter shall advise the clerk at such time of the name

of the person who shall be speaking as a proponent of the matter, the approximate

number of persons anticipated to attend the meeting for the express purpose

of supporting or opposing the matter, and the approximate length of time

the person will wish to have to present the matter to the council.

(c) Number of persons to speak as proponents and opponents; exception. On any matter

other than public hearings on zoning matters or in which state law requires otherwise, no

more than three persons, other than councilpersons, shall be permitted to speak as

proponents for, or the same number as opponents of any matter before the council for

consideration, and no more than 15 minutes may be taken for the support or opposition of each

such matter. Provided, however, the presiding officer, with the consent of the council, may reduce

or increase the number of persons speaking for or against a particular matter and the time

allocated for same. Each citizen speaking during citizen's and guest's comments shall limit

their remarks to three minutes. (Amd. of 6- 2002, § 2-51)

Sec. 2-74. Presentation and enactment of ordinances.

(a) Only a member of the mayor and council, the city manager, the city clerk or the city

attorney may introduce an ordinance. Amen. June, 2009

(b) Each proposed ordinance shall be in writing.

(c) After adoption each ordinance shall be promptly presented to the mayor

for approval. (Code 1988, § 2-52; Amd. of 6-2002, § 2-52)

Sec. 2-75. Questions of order, appeals.

The presiding officer shall decide all questions of order, but any councilperson who is

dissatisfied with the decision may appeal to the council in the manner provided by Robert's Rules

of Order for appealing from decisions of presiding officers.

(Code 1988, § 2-53)

Sec. 2-76. Elections.

All elections by the council shall be by ballot, and a majority vote of the whole

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council shall be necessary to an election.

(Code 1988, § 2-54)

Sec. 2-77. Decorum of Meetings.

In order to encourage, promote and ensure lawful, orderly and efficient meetings of the

Mayor and Council of the City of Sugar Hill, Georgia.

The Council of the City of Sugar Hill hereby ordains:

Section 1. It shall be unlawful for any person or group of persons to willfully or knowingly.

(a) Enter a meeting room of the Mayor and Council of the City of Sugar Hill which has

been set aside or designated by the Mayor and Council of the City for a public

meeting or executive session with the intent to disrupt the orderly conduct of the

official business of the City;

(b) Utter loud, threatening, or abusive language, or to engage in any disorderly or

disruptive conduct at any place at which the Mayor and Council of the City is

meeting in a public meeting or an executive session;

(c) Disturb or interrupt any meeting of the Mayor and Council of the City.

For purposes of this Section the use of obscene or profane language; threatening, abusive,

or intimidating gestures; physical violence or the threat thereof; or other loud or boisterous

behavior which the presiding officers or a majority of the Council shall determine is causing a

disruption of the Council meeting and a subsequent failure to comply with any lawful decision of

the presiding officer or of a majority of the City Council, shall constitute a disturbance.

Section 2. Any person desiring to speak at a meeting of the Mayor and Council of the City

shall obtain recognition of the Mayor or other presiding officer before speaking. Any person not a

member of the Council or an employee or appointed official of the City who desires to address the

Council, shall first secure the permission of the presiding officer and then shall stand, state the

name and address of such person in an audible tone of voice for the record and direct the remarks

to the Council as a body rather than to any particular member.

Section 3. Nothing in this Ordinance shall prohibit any member of the City Council from

speaking, subject to the rules of order, and nothing herein shall prohibit any City Officer or

employee from asking for recognition and making a comment or suggestion at any time during the

public City Council proceedings.

Section 4. Any person or persons violating any provision of this Ordinance may be subject

to ejection from the meeting room for the remainder of the meeting, citation to the Municipal Court

of the City of Sugar Hill, or any combination thereof. The presiding officer or a majority of the

Council may decide, within their sound discretion, whether such person or persons should be

subject to citation, whether such person or persons shall be ejected from the meeting room, or both.

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Section 5. The City Manager is charged with the enforcement of this Ordinance. The City

Manager at the direction of the presiding officer or a majority of the Council members shall

enforce the provisions of this Ordinance against any person or persons violating this Ordinance.

All citations issues hereunder shall be to the Municipal Court of Sugar Hill.

Section 6. Any person found guilty of a violation of this Ordinance shall be fined not less

than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00) for each such

offense. At the discretion of the Municipal Court the use of alternative punishments rather than

fines may be used. Such options may include, but are not limited to: community service,

counseling, or anger management classes. It is also within the discretion of the Municipal Court to

place more than one sanction upon the violator.

Section 7. Should any section of this Ordinance be declared invalid or unconstitutional by

any court of competent jurisdiction, such declaration shall not affect the validity of the Ordinance

as a whole or of any part thereof that is not specifically declared to be invalid or unconstitutional.

Section 8. All ordinances and parts of ordinances heretofore adopted which are in

irreconcilable conflict with this Ordinance are hereby repealed.

Secs. 2-78-2-110. Reserved.

OFFICERS AND EMPLOYEES

DIVISION 1.

GENERALLY

Sec. 2-111. Oath of office described.

(a) All officers and employees required by Charter or some other provision of law to

take an oath of office shall, before entering upon the discharge of their respective duties,

take and subscribe the following oath before an officer authorized by law to administer

oaths:

"I, _______, do solemnly swear or affirm that I will support the Constitution of the

United States, the Constitution of the State of Georgia, the Charter and Ordinances of the

City of Sugar Hill, and that I will, to the best of my ability, faithfully perform the

duties of the office of during my continuance therein, so help me God."

(b) The officer or employee shall also take any oath required by state law, and the oath

shall be filed as required by state law.

(Code 1988, § 2-81)


DIVISION 2.

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CITY CLERK

Sec. 2-146. Term of office; removal.

The city clerk shall serve at the pleasure of the mayor and city council. The city council may

remove the city clerk at any time with or without cause. If the city council votes to remove the city

clerk from office, the city clerk shall be notified in writing of such determination at least ten days,

excluding weekends, in advance of the date of such removal, except that the city council may take

any and all authority away from the city clerk, provided the city clerk receives compensation for a

period of at least 30 days following such notice of removal. (Code 1988, § 2-102; Ord. of 2-19-

1994; Amd. No. 9811-01, 11-11-1998)


(1) To attend all meetings of the council in person or by designation of an alternate if

approved by the council.

(2) To keep correct and full minutes of the proceedings of the council together with all

ordinances and resolutions passed by it, in a properly indexed book or register

kept for that purpose or cause the same to be done. The city clerk shall codify each

ordinance and resolution and shall distribute and provide such

codifications in accordance with provisions of state law.

(3) To receive all applications or petitions made to the city and to place them before the

mayor and council at the meeting of council next succeeding the receipt thereof,

or otherwise as required by the council.

(4) To issue all licenses, and keep a record thereof, and all badges and permits

authorized by the council, if so requested by the council.

(5) To attend all sessions of the municipal court or, with the prior approval of the

council, designate an alternate to so attend.

(6) To keep an execution docket in which shall be entered the names of all persons tried

and fined by the municipal court, the nature of the offense, date of trial, amount of fine

and return of the city manager or his designee thereon.

(7) To issue all summonses, processes and subpoenas to witnesses that may be

necessary in the enforcement of this Code or other rules, regulations and

ordinances of the council.

(8) To be the custodian of the city seal and affix its impression of documents whenever

required.

(9) To perform such additional duties as directed by the council by duly enacted

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ordinance or resolution.(Code 1988, § 2-104)


DIVISION 3.

CITY MANAGER


The city manager shall have the following powers and the duties:

(1) To be responsible for supervising all paid employees of the city.

a. The city manager’s authority to supervise employees under his control shall

include the ability to hire, discipline or dismiss any such employee within

the limits created under the city’s personnel policies. The city manager shall be

responsible for supervision and control of the city clerk and all

employees reporting to the city clerk; however, the city manager shall

not have the authority to hire, discipline or dismiss the city clerk or to alter

the duties and responsibilities of the city clerk as provided by the Charter. The city

manager may make recommendations to the mayor and city council

regarding hiring, disciplinary and termination decisions relating to the

city clerk. The city manager shall not have the ability to hire or fire any

city official who holds a position created by the city Charter and directly

appointed by the mayor and council, including but not limited to the

municipal court judge, city attorney, city accountant, superintendent of elections and voter

registrar.

b. The city manager shall have the authority to promulgate and implement

personal practices and procedures necessary for the orderly administration of

personnel matters within the city. The procedures shall apply to all

employees under the control of the city manager. The city manager shall

not promulgate or implement any personnel practices or

procedures pursuant to the authority granted in this section which would have the effect of

changing the status of any employee of the city to any designation other than

an employee at will. In addition, no personnel practices or procedures shall be

adopted by the city manager pursuant to the authority granted in this

section which would limit or prohibit the mayor and city council from exercising

the legal authority granted to the mayor and city council pursuant to

article II, section 2.18 of the Charter of Sugar Hill, which authorizes

the mayor and council to exercise ultimate final authority over the administrative affairs

of the city.

(2) To prepare and present to the mayor and council in an annual report of the city’s

affairs, including a summary of reports for department heads, and

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such other reports as the council may require.

(3) To sign and execute all contracts, deeds or bonds of the city, duly authorized by the

council and permitted by the city Charter or by state law.

(4) To investigate, examine or inquire into, either by him or by any employee or person

designated by him for that purpose, the affairs or operation of any department of

the city, including the power to employ consultants and professional counsel, when

so authorized by the council, to aid in such investigations, examination or

inquiries.

(5) To set aside, in his discretion, any action taken by a department head and supersede

the department head in the functions of that office.

(6) To direct any department to perform the work for any other department and to

authorize any department head or officer responsible to him to appoint and remove

subordinates serving under such person.

(7) To perform the functions of the tax collector as specified in section 3.15 of the city

Charter.

(8) To see that all the laws and ordinances of the city are faithfully enforced.

(9) To attend all meetings of the council with the right to take part in all discussions, but

shall not be allowed to vote.

(10) To prepare and submit to the city council, prior to the beginning of each fiscal year,

a budget of proposed expenditures for the ensuing year, showing in as much

detail as practical, the amount allocated to each department of the city

government and the reasoning for such estimated expenditures.

(11) To keep current accounts, at all times, showing the fiscal condition of the city,

including the current and anticipated expenses, appropriations, cash on hand, and

anticipated revenue of all municipal funds and accounts.

(12) To keep all council members fully advised as to the financial condition and needs of

the city.

(13) To fix all salaries and compensation of the city employees lawfully employed by

him, subject to guidelines as established by the council.

(14) To examine all proposed contacts to which the city may be a party, and sign on

behalf of the city any contracts authorized by the council, except where the

council directs that some other office or officer shall do so.

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(15) To supervise the performance of all contracts made for work for the city and advise

the council on the progress of such work.

(16) To make all purchases of supplies, material and equipment for the city and see that

the same are received as contracted for; provided, that if an individual purchase in

excess of $100.00 is involved, prior approval of council shall be necessary and the

opportunity for competitive bids shall be given, after reasonable advertisement

thereof.

(17) To conduct all sales, which the council may authorize, of personal property

belonging to the city which has become unnecessary or unfit for city use.

(18) To keep a current inventory showing all real and personal property of the city and its

location, value and condition.

(19) To see to the publication of all notices, ordinances, notices of public hearings or

other documents required by law to be published.

(20) To prepare for the election officials, all notices, ballots and supplies necessary in

connection with municipal elections.

(21) To prepare and have custody of all municipal records required by law to be kept by

the city and not required to be kept by any specific officer.

(22) To perform such other duties as may be prescribed by the city Charter, or required

by ordinance, resolution or action of the council.

(23) To prepare the agendas for the regular and special meetings of the council and to

post appropriate notices of such meetings.

(24) To act as the administrator in the interpretation and enforcement of the city’s zoning

ordinance.

(25) To assist all boards, authorities, commissions and committees from time to time,

created by the council, as requested by the council.

(26) To serve and perform the duties of the city marshal.

(Code 1988, § 2-113; Ord. Of 2-19-1994; Ord. Of 12-13-1999(1))

Sec. 2-182. Authority to sell or convey parcel of city owned property.

(a) The city manager is hereby authorized to sell and convey parcels of property owned

by the city which are narrow strips of land, so shaped or so small as to be incapable of being

used independently as zoned or under applicable subdivision or other development

ordinances or as streets whether this property is owned in fee by the city or has been obtained

102

by grant of easement. The property may be sold to abutting property owners where such sales and

conveyances facilitate the enjoyment of the highest and best use of the abutting owner's

property. Such sales shall not require the use of an auction or solicitation of sealed bids, however,

for any such sale each abutting property owner shall be notified of the availability of the

property and shall have an opportunity to present a proposal of purchase for said property to the

city.

(b) Upon receipt of any such proposals from any abutting property owners, the city

shall be authorized to negotiate with such property owners, and the

city council shall by motion authorize the sale of any such property and establish the

sales price.

(c) This division is adopted in accordance with the provisions of O.C.G.A. § 36-37-

6(g).

(Ord. of 12-13-1999(2))


The city manager shall serve at the pleasure of the mayor and city council. The city council

may remove the city manager at any time with or without cause. If the city council votes to remove

the city manager from office, the city manager shall be notified in writing of such determination at

least ten days, excluding weekends, in advance of the date of such removal, except that the city

council may take any and all authority away from the city manager, provided the city manager

receives compensation for a period of at least 30 days following such notice of removal.

(Code 1988, § 2-114; Ord. of 2-19-1994; Ord. of 10-10-1994; Amd. No. 9811-02, 11-11-1998)


The city manager shall be compensated in such amount and in such manner as the council

shall from time to time authorize and approve, including such fringe benefits that may be

included therein; provided, however, that the council may not reduce the compensation to a

person serving as city manager, after the appointment of such person, without the prior written

consent of such person.

(Code 1988, § 2-114; Ord. of 2-19-1994)

Secs. 2-185 – 2-199 Reserved

ARTICLE V

Municipal Court

Sec. 2-200.

The internal operating procedures of the Gwinnett Judicial Circuit’s Indigent Defense

103

Program as accepted by the Gwinnett County Indigent Defense Committee on January 30, 2002,

and as ordered by the Superior Court of Gwinnett County on January 30, 2002, the State Court of

Gwinnett County on February 7, 2002, the Magistrate Court of Gwinnett County on February 17,

2002, the Gwinnett Circuit Juvenile Court on February 7, 2002, and the Recorder’s Court of

Gwinnett County on February 7, 2002, a copy of which is hereby set forth as Exhibit “A” is hereby

adopted as the official policy of the City of Sugar Hill as modified herein.

Sec. 2-201.

All references to the “County” or any office of the County including, but not limited to, the

Administrative Office of the Courts, in Exhibit “A” shall be considered to be references to the City

of Sugar Hill. All references to the “Committee” or “Governing Committee” in Exhibit “A” with

respect to the selection of panel attorneys for the Municipal Court of the City of Sugar Hill and the

processing and consideration of invoices from attorneys shall be considered to be references to the

Municipal Court of the City of Sugar Hill.

Sec. 2-203.

The panel of attorneys from which appointments may be made by the Municipal Court of

the City of Sugar Hill may be compiled by periodically soliciting attorneys who are on the panel of

qualified attorneys created by the Gwinnett County Indigent Defense Governing Committee. The

Sugar Hill panel of attorneys need not be categorized as in Part X Exhibit “A”. Any attorney on

the County’s panel of attorneys who is involuntarily removed for cause pursuant to Section 10.4(B)

of Exhibit “A” hereto shall be ineligible for appointment by the Municipal Court of the City of

Sugar Hill. Any other qualified attorney not appearing on the County’s panel of qualified attorneys

may request his or her inclusion on the Sugar Hill panel and may be included on the Sugar Hill

panel if found to be qualified by the Chief Municipal Court Judge. Any attorney accepting an

appointment by the Municipal Court of the City of Sugar Hill shall be required to comply with the

guidelines and standards applicable to panel attorneys and other appointed counsel set forth in

Exhibit “A”, as modified herein.

Sec. 2-204.

Any fee or expense invoice submitted by appointed counsel shall be submitted to the

Municipal Court Clerk and shall be reviewed by the Sugar Hill Municipal Court Judge who made

the appointment or the Chief Judge, whose decision regarding Sugar Hill panel attorneys, payment

of fees, expenses, and costs shall be final and may not be appealed except as may be provided by

law.

Sec. 2-205.

To the extent that Exhibit “A” assumes a standard for determining an indigent defendant’s

right to appointed counsel inconsistent with the holding of Alabama v. Shelton, it shall be the

policy of the City of Sugar Hill to apply the standards of Alabama v. Shelton.

Sec. 2-206.

104

The term “appeal” as used in Section 8.2 and Section 3 of Exhibit “A” shall be construed to

include a petition for certiorari to be filed in the Superior Court of Gwinnett County after a

conviction in the Municipal Court of the City of Sugar Hill. However, unless otherwise ordered by

the Municipal Court, any appointment of counsel by the Municipal Court of Sugar Hill as terminate

upon the entry of an order binding the case over to a court of record prior to any adjudication of the

merits of the case by the Municipal Court.

Sec. 2-207.

The Municipal Court Clerk shall maintain a list of attorneys deemed eligible for

appointment by the Chief Municipal Court Judge. The Municipal Court Clerk shall provide a form

for requesting appointed counsel to any defendant in a case pending in the Municipal Court and

shall forward any such form or other request for appointed counsel to the Chief Judge of the

Municipal Court. If no such forms have been developed or are not available at the time a request

for appointed counsel is made, the Clerk shall notify the Chief Judge of such request.

Sec. 2-208.

The Chief Judge of the Municipal Court of Sugar Hill may develop internal operating

procedures and forms and other documents as may be necessary to effectuate this ordinance and/or

resolution.

Sec. 2-209.

This Article shall become effective upon the date of its adoption.

DIVISION 4.

CITY

ATTORNEY Sec. 2-206. Qualifications and

appointment.

The city attorney shall be appointed by the council, and shall serve until a successor is

appointed and has qualified. No person shall be so appointed unless he is a member in good

standing of the state bar and has been actively engaged in the practice of law for at least three years

preceding his appointment.

(Code 1988, § 2-121)

Sec. 2-207. Oath.

105

Before entering upon the duties of the office, the city attorney shall take the oath prescribed

by this Code for city officers.

(Code 1988, § 2-122)


The city attorney shall be the legal advisor and representative of the city and in such

capacity shall:

(1) Advise the council or its committees, or any city officer, when requested, upon all

legal questions arising in the conduct of business.

(2) Prepare or revise ordinances when so requested by the council, any committee

thereof, the city manager or the mayor, and assist in keeping the Code of the city up-

do-date and properly indexed.

(3) Give his opinion upon any legal matter or question submitted to him by the council,

any of its committees, by any city officer or the mayor.

(4) Prepare, when authorized by the mayor or council, all charges and complaints

against, and appear in the municipal court in the prosecution of every person charged

with a violation of this Code or a city ordinance or of any regulations adopted under

authority of the city Charter, and see to full enforcement of all judgments or decrees

rendered or entered in favor of the city.

(5) Defend any and all suits and actions at law or equity brought against the city, unless

otherwise directed by council.

(6) Keep records of the following, which records shall forever remain the property of

the city;

a. All suits in which the city has or had an interest, giving the names of the

parties, the nature of the action, the disposition of the case or its status, if

pending, and the briefs of counsel; and

b. All written opinions prepared by the city attorney and all certificates or

abstracts of title furnished by him to the city, or any department or official

thereof.

(7) Render such other legal services as may be requested by the mayor

or council. (Code 1988, § 2-123)


The city attorney shall regularly submit to the council a bill for his services, itemizing the

type of work performed for the city and the number of hours engaged in each type of work during

106

the time for which the bill was submitted.

(Code 1988, § 2-124)


DIVISION 5.

CODE OF ETHICS*

* State Law References: Ethics in Government Act, O.C.G.A. § 2 1-5-1 et seq.

Sec. 2-231. Purpose of division.

(a) It is the policy of the city that the proper operation of democratic government

requires that public officials be independent, impartial and responsible to the people; that

governmental decisions and policy be made in proper channels of the governmental

structure; that public office not be used for personal gain; and that the public

have confidence in the integrity of its government. In recognition of these

goals, the regulations of this division are adopted.

(b) This division has the following purposes:

(1) To encourage high ethical standards in official conduct by city officials;

(2) To establish guidelines for ethical standards of conduct for all such officials

by setting forth those acts or actions that are incompatible with the best interest

of the city;

(3) To require disclosure by such officials of private financial or other interest in

matters which affect the city, and

(4) To serve as a basis for disciplining those who refuse to abide by its terms.

(c) The provisions of this division shall not apply to political contributions, loans,

expenditures, reports or regulation of political campaigns or the conduct of candidates in

such campaigns. (Ord. of 11-13-2000, art. I)

Sec. 2-232. Scope of persons covered.

The provisions of this division shall be applicable to all members of the city council,

planning and zoning commission, board of zoning appeals, all advisory commissions and

committee members. (Ord. of 11-13-2000, art. II)

107


The following words, terms and phrases, when used in this division, shall have the meanings

ascribed to them in this section, except where the context clearly indicates a different meaning:

City official or official, unless other expressly defined, means the mayor, members of the

city council, municipal court judges (including substitute judges), city manager, assistant city

managers, city clerk, deputy city clerks, whether such person is salaried, hired or elected, and all

other persons holding positions designated by the city charter, as it may be amended from time to

time. City official, unless otherwise expressly defined, includes individuals appointed by the

mayor and city council to all city commissions, committees, boards, task forces, or other city

bodies unless specifically exempted from this division by the city council.

Decision means any ordinance, resolution, contract, franchise, formal action or other matter

voted on by the city council or other city board or commission, as well as the discussions or

deliberations of the council, board, or commission which can or may lead to a vote or formal

action by that body.

Discretionary authority means the power to exercise any judgment in a decision or action.

Entity means a sole proprietorship, partnership, limited partnership, firm, corporation,

professional corporation, holding company, joint stock company, receivership, trust or any other

entity recognized by law through which business may be conducted.

Immediate family means spouse, mother, father, brother, sister, son, or daughter of any city

official.

Incidental interest means an interest in a person, entity or property which is not a

substantial interest and which has insignificant value.

Remote interest means an interest of a person or entity, including a city official, who

would be affected in the same way as the general public. The interest of a council member in the

property tax rate, general city fees, city utility charges, or a comprehensive zoning ordinance or

similar decisions is incidental to the extent that the council member would be affected in common

with the general public.

Substantial interest means a known interest, either directly or through a member of the

immediate family, in another person or entity:

(1) The interest is ownership of five percent or more of the voting stock, shares or

equity of the entity or ownership of $5,000.00 or more of the equity or market

value of the entity;

(2) Funds received by the person from the other person or entity either during the

previous 12

108

months or the previous calendar year equaled or exceeded $5,000.00 in salary,

bonuses, commissions or professional fees or $5,000.00 in payment for

goods, products or nonprofessional services, or 10% of the recipient's gross income

during that period, whichever is less;

(3) The person serves as a corporate officer or member of the board of directors or

other governing board of the for-profit entity other than a corporate entity owned

or created by the city council; or

(4) The person is a creditor, debtor, or guarantor of the other person or entity in an

amount of $5,000.00 or more. Substantial interest in real property means an interest

in real property which is an equitable or legal ownership with a market value of

$5,000.00 or more.

(Ord. of 11-13-2000, art. III)

Sec. 2-234. Standards of conduct.

(a) No council member or member of any board or commission shall use such position

to secure special privileges or exemptions for such person or others, or to secure confidential

information for any purpose other than official responsibilities.

(b) No council member or member of a board or commission, in any matter before

the council, board or commission in which he has a substantial interest, shall fail to disclose for

the common good for the record such interest prior to any discussion or vote.

(c) No council member or member of a board or commission shall act as an agent or

attorney for another in any matter before the city council or any board or commission.

(d) No council member or commissioner shall directly or indirectly receive, or agree to

receive, any compensation, gift, reward, or gratuity in any matter or proceeding connected with,

or related to, the duties of his office except as may be provided by law.

(e) No council member or member of any board or commission shall enter into any

contract with the city except as specifically authorized by state statutes. Any council

member or member of a board or commission who has a proprietary interest in an

agency doing business with the city shall make known that interest in writing to

the city council and the city clerk.

(f) All public funds shall be used for the general welfare of the people and not

for personal economic gain.

(g) Public property shall be disposed of in accordance with state law.

(h) No city official shall solicit or accept other employment to be performed or

compensation to be received while still a city official or employee, if the employment

or compensation could reasonably be expected to impair in judgment or

performance of city duties.

109

(i) If a city official accepts or is soliciting a promise of future employment from any

person or entity who has a substantial interest in a person, entity or property which

would be affected by any decision upon which the official might reasonably be

expected to act, investigate, advise, or make a recommendation, the official shall disclose

the fact to the board or commission on which he serves or to his supervisor and

shall take no further action on matters regarding the potential future employer.

(j) No city official shall use city facilities, personnel, equipment or supplies for private

purposes,

except to the extent such are lawfully available to the public.

(k) No city official or employee shall grant or make available to any person any

consideration, treatment, advantage or favor beyond that which it is the general

practice to grant or make available to the public at large.

(Ord. of 11-13-2000, art. IV)

Sec. 2-235. Prohibition of conflict of interest.

A city official may not participate in a vote or decision on a matter affecting a person, entity,

or property in which the official or employee has a substantial interest; in addition, a city official or

employee who serves as a corporate officer or member of the board of directors of a nonprofit

entity may not participate in a vote or decision regarding funding by or through the city of the

entity. Where the interest of a city official or employee in the subject matter of a vote or decision is

remote or incidental, the city official or employee may participate in the vote or decision and need

not disclose the interest.

(Ord. of 11-13-2000, art. V)


This Code shall not be construed to require the filing of any information relating to

any person's connection with, or interest in, any professional society or any charitable,

religious, social, fraternal, educational, recreational, public service, civil or political

organization, or any similar organization not conducted as a business enterprise or

governmental agency, and which is not engaged in the ownership or conduct of a business

enterprise or governmental agency.

(Ord. of 11-13-2000, art. VI)

Sec. 2-237. Violations of division; penalty.

(a) Any persons violating any provisions of this policy are subject to:

(1) Written and oral reprimand by the council, board, commission or

committee of which said violator is a member;

(2) A fine greater than $100.00 but less than $500.00 to be imposed by the

council, commission, board or committee of which the violator is

110

a member;

(3) Request for resignation by the council, board, committee or commission of

which the violator is a member.

(b) Each council, board, commission or committee shall have authority to

establish rules and regulations to impose said penalties.

(Ord. of 11-13-2000, art. VIII)


ARTICLE IV. BOARDS AND COMMISSIONS


Sec. 2-271. Conflict of interest policy for members of boards, commissions and authorities.

(a) No member of any board, commission or authority of the city shall knowingly:

(1) Engage in any business or transaction, or have a financial or other

personal interest, direct or indirect, which is incompatible with the proper

discharge of his official duties or which would tend to impair the

independence of his judgment or action in the performance of his

official duties;

(2) Engage in or accept private employment, or render services for private

interests when such employment or service is incompatible with the proper

discharge of his official duties or would tend to impair the

independence of his judgment or action in the performance of

his official duties;

(3) Disclose confidential information concerning the property,

government, or affairs of the governmental body by which he

is engaged without proper legal authorization; or use

such information to advance the financial or other private interest of

himself or others;

(4) Accept any valuable gifts, whether in the form of service, loan, thing, or

promise, from any person, firm or corporation which to his knowledge is

interested, directly or indirectly, in any manner whatsoever, in

business dealings with the governmental body of which he is a member;

(5) Represent other private interests in any action or proceeding against this city

or any portion of its government; and

(6) Vote or otherwise participate in any matter in which he has a financial

111

interest.

(b) Any member of a board, commission or authority of the city who shall have any

private financial interest, directly or indirectly, in any contract or matter pending before or

within any department of the city shall disclose such private interest to the city council. Any

member of a board, commission or authority of the city who shall have any private financial

interest, directly or indirectly, in any contract or matter pending before or within such entity shall

disclose such private interest to such agency or entity.

(c) No member of a board, commission or authority of the city shall use property

owned by such entity for personal benefit, convenience, or profit except in accordance

with policies promulgated by the city council or the governing body of such entity.

(d) No member of a board, commission or authority of the city shall continue in

such a capacity upon qualifying as a candidate for nomination or election to any public

office.

(e) Any member of a board, commission or authority of the city who conceals a

financial interest or violates any of the requirements of this section shall be guilty of malfeasance

in his position and such violation shall constitute cause for dismissal as contemplated by

section 3.11(e) of the Charter of the city.

(f) Any member of a board, commission or authority of the city who is dismissed, as

described in subsection (e) above, shall be ineligible for appointment by the city government to

any board, commission or authority for a period of three years thereafter.

(Code 1988, § 2-141; Res. of 1-11-1988)


DIVISION 2.

RECREATION BOARD*

* State Law References: Recreation boards authorized, O.C.G.A. § 36-64-5.

Sec. 2-296. Composition, appointment and tenure.

The Sugar Hill Recreation Board shall consist of five persons appointed by the mayor.

Except for the initial appointments, the terms of the members shall be for five years each. The five

members first appointed shall be appointed for terms of one member to expire each year.

(Code 1988, § 2-191)


Vacancies for unexpired terms shall be filled by the mayor, who also shall remove any

member for cause, on written charges, after a public hearing.

112

(Code 1988, § 2-192)


The members of the recreation board shall serve without compensation but may be

reimbursed at the discretion of the mayor and council for actual expenses incurred in connection

with the discharge of their official duties.

(Code 1988, § 2-193)

Sec. 2-299. Officers; rules of procedure.

Immediately after their appointment, the members of the recreation board shall meet and

elect one of their members president and elect a secretary treasurer from its membership or by

appointment of an officer or employee of the city. The board shall adopt rules and regulations to

govern its proceedings and keep a correct record thereof, which shall be a public record.

(Code 1988, § 2-194)

Sec. 2-300. Incorporation of state law.

The recreation board shall have all the powers, duties and responsibilities set forth under

O.C.G.A. title 36, ch. 64 (O.C.G.A. § 36-64-1 et seq.).

(Code 1988, § 2-195)


The recreation board shall establish, conduct and maintain a recreation system for the city in

such a way as to employ the leisure of the people in a wholesome and constructive manner. In

particular, it shall have the following responsibilities:

(1) To provide for, conduct and supervise public playgrounds, indoor recreation centers,

and other recreational facilities owned or controlled by the city.

(2) To recommend the setting aside, leasing or acquisition of lands or buildings within

or without the city limits for use as parks, playgrounds, recreation centers, or for other

recreational purposes,

and to provide for the maintenance and improvement of such areas.

(3) To cooperate with the local school board in the establishment, conduct and

maintenance of a recreation system.

(4) To submit a budget request annually to the council for approval.

(5) To submit an annual report to the council, which shall include a financial statement

of money received and expended and a description of all activities sponsored

by the board during the year.

113

(6) To exercise such other powers and duties as may be delegated to it from time to

time by the mayor and council.

(7) To keep a permanent record of its resolutions, transactions, findings and

determinations, which record shall be a public record.

(8) To hold meetings, all of which shall be open to the public. (Code 1988, § 2-196)

Sec. 2-302. Staffing, contracts and expenditures.

The recreation board may appoint such employees and staff as it deems necessary for its

work and may contract with planners and other consultants for such service as it may require,

provided that such appointments and contracts are approved in advance by the mayor and council.

Only the mayor and council shall enter into contracts with the bureau of state planning and

community affairs for planning monies or with any other state or federal agencies for project or

planning matters. Any expenditures of the recreation board, exclusive of gifts, shall be within the

amounts appropriated and approved for this purpose by the mayor and council. (Code 1988, § 2-

197)

Chapters 3--5

RESERVED

Chapter 6

ALCOHOLIC BEVERAGES*

* State Law References: Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of

home rule powers, O.C.G.A. § 36-35-1 et seq.; Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; general

powers of municipalities relative to alcoholic beverages, O.C.G.A. §§ 3 -3-2, 3-3-7, 3-4-49, 3-4-50, 3-4-80 et seq., 3-5-40

et seq., 3-5-80 et seq., 3-6-40, 3-6-60, 3-7-40 et seq.

Article I.

In General


Article II. Retail Sale of Malt Beverages


Sec. 6-21. On-premises consumption; consumption in public places.


Division 2. License

Sec. 6-41. Required; fee; excise tax.

Sec. 6-42. Application.

Sec. 6-43. Restrictions on issuance.

Sec. 6-44. Issuance.

Sec. 6-45. Display.

Sec. 6-46. Termination and renewal.

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Sec. 6-47. Revocation, suspension, etc.


Division 3. Operational Requirements and Restrictions

Sec. 6-71. Change of location.

Sec. 6-72. Licenses nontransferable.

Sec. 6-73. Duplicate licenses.

Sec. 6-74. License required for each location.

Sec. 6-75. Separate license required for each business on premises.

Sec. 6-76. Penalties.

Sec. 6-77. Compliance with state law.

Sec. 6-78. Hours and Days of Sale.


Article III. Retail Sale of Wine




Division 2. License





Sec. 6-140. Display.








Sec. 6-148. Violations.


Sec. 6-150. Hours and Days of Sale.

Sec. 6-151--6-175. Reserved.

Article IV. Sale of Malt Beverages and Wine For Consumption on the Premises


Sec. 6-176. Sale of malt beverages at public golf course; authorization.

Sec. 6-177. Purpose of article.


Sec. 6-179. Compliance with article required.

Sec. 6-180. Penalties; continuing violation.

Sec. 6-181--6-210. Reserved.

Division 2. License

Sec. 6-2 11. Required within the incorporated areas of the city; license a privilege.

Sec. 6-212. Separate application and separate license for each location of sale.

Sec. 6-2 13. Form of application to be prescribed by city authorities.

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Sec. 6-2 14. Application for license permitting the sale of alcoholic malt beverages and wine for consumption on the premises.

Sec. 6-215. Application; form; content; process; deposit.

Sec. 6-216. Filing of bonds by applicants for license.

Sec. 6-2 17. Investigation of applicant; report.

Sec. 6-218. Payment of taxes and other debts to the city.

Sec. 6-219. Issuance of license to persons with prior conviction prohibited; exception.

Sec. 6-220. General qualifications.

Sec. 6-221. Change in relationships and/or ownership interest.

Sec. 6-222. City clerk, members of alcoholic beverage review board prohibited from interest in license.

Sec. 6-223. Annual renewal.

Sec. 6-224. Grounds for suspension or revocation of license.

Sec. 6-225. Acceptance and consideration of application after rejection

or revocation.

Sec. 6-226. False information in application.

Sec. 6-227. Restriction upon transfers.

Sec. 6-228. Application for new license in existing license location.

Sec. 6-229. Application; data; information; requirement for.

Sec. 6-230. Other licenses.

Sec. 6-23 1. Annual fees for sale of malt beverages and wine for consumption on

the premises.

Sec. 6-232--6-255. Reserved.

Division 3. Alcoholic Beverage Review Board

Sec. 6-256. Established; duties.

Sec. 6-257. Composition.

Sec. 6-258. Hearings.

Sec. 6-259. Notice.



Sec. 6-281. Gambling on premises prohibited.

Sec. 6-282. Solicitation prohibited.

Sec. 6-283. Types of entertainment, attire and

conduct prohibited. Sec. 6-284. "Happy hour"

promotions and sales.

Sec. 6-285. Consumption dealers to buy only from licensed wholesalers; minimum legal container; sales off-premises

prohibited.

Sec. 6-286. Retail consumption dealers to store inventory only

on premises.

Sec. 6-287. Misrepresentation of alcoholic beverages.

Sec. 6-288. Display of licenses.

Sec. 6-289. Licensees to maintain a copy of this article; employees to be familiar with its terms; responsibility of licensee for

violations.

Sec. 6-290. Premises open for inspection.

Sec. 6-291. Exterior advertisement prohibited.

Sec. 6-292. Sales restricted to premises only.

Sec. 6-293. Time limit for commencement of business in licensee's establishment; forfeiture for non-use.

Sec. 6-294. Completion of proposed licensed premises.

Sec. 6-295. Automatic revocation of city license.

Sec. 6-296. Removal of signs.

Sec. 6-297. Revocation upon violation of any provision

of this article.

Sec. 6-298. Regulations as to employees of licensees.

Sec. 6-299. Employment of persons with prior

convictions prohibited. Sec. 6-300. Issuance of licenses

limited to designated area.

Sec. 6-301. Citizenship; residence requirements;

registered agent.

Sec. 6-302. Distance from schools, churches,

116

residences.

Sec. 6-303. Hours of sale.

Sec. 6-304. Employment of underage persons prohibited; exceptions.

Sec. 6-305. Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; use of false

identification; proper identification; dispensing, serving, selling, or handling by persons under 21 years of age in the course of

employment; seller's actions upon receiving false identification.

Sec. 6-306. Alcoholic beverages in public places.


Division 5. Beer and/or Wine Wholesaler Licensing and Regulations

Sec. 6-33 1. Special provisions applicable to wholesale purchase.

Sec. 6-332. Annual fees for wholesalers.

Sec. 6-333. Excise tax: levied, amount, payment, duties of dealers and wholesalers.

Sec. 6-334. Requirements of wholesalers.

Sec. 6-335. Retailers to purchase from licensed wholesalers only.

Sec. 6-336. Regulations governing retail storage.

Sec. 6-337. Invoices.

Sec. 6-338. Revocation or suspension of license.

Sec. 6-339. Production of records.

Sec. 6-340. Penalties and enforcement.


Article V. Sale of Spirituous Liquor for On-Premises Consumption




Sec. 6-363. Sale within the incorporated areas of the city; license a privilege.

Sec. 6-364. Compliance with article required. Sec. 6-365. Sale at public golf course.


Division 2. License

Sec. 6-386. Separate application and separate license for each location

of sale.

Sec. 6-387. Authorities of city to prescribe appropriate form.

Sec. 6-388. Application for license permitting the sale of alcoholic spirituous liquor for consumption on the premises.



Sec. 6-391. Investigation of applicant; report.


Sec. 6-393. Issuance of license to persons with prior conviction prohibited;

exception.



Sec. 6-396. City clerk, members of alcoholic beverage review board prohibited from interest in

license.


Sec. 6-398. Suspension or revocation; notice hearing; refund.

Sec. 6-399. Suspension of license; causes.

Sec. 6-400. Application; data; information.

Sec. 6-401. Issuance of licenses limited to designated area.

Sec. 6-402. Citizenship; residence requirements; registered agent.

Sec. 6-403. Annual fees for sale of spirituous liquor for consumption on the

premises.



117



Sec. 6-428. Types of entertainment, attire and conduct

prohibited.

Sec. 6-429. "Happy hour" promotions and sales.

Sec. 6-430. Bring your own bottle ("brown bagging")

prohibited.

Sec. 6-431. Sale or delivery to unlicensed premises.

Sec. 6-432. Purchase restricted; requirements of wholesalers generally; minimum legal container; sales off-premises

prohibited.




Sec. 6-436. Licensees to maintain a copy of this article; employees to be familiar with its terms; responsibility of licensee for

violations.



Sec. 6-439. Acceptance and consideration of application after rejection or revocation.

Sec. 6-440. Time limit for commencement of business in licensee's establishment; forfeiture for nonuse.




Sec. 6-444. Application for new license in existing license

location.

Sec. 6-445. Employees of licensees to be fingerprinted;

procedure.


Sec. 6-447. Employment of persons with prior convictions

prohibited.

Sec. 6-448. Distance from schools, churches, residences.




Sec. 6-452. Sales to underage persons, incompetents, drunkards

prohibited.

Sec. 6-453. Furnishing of alcoholic beverages to underage persons.

Sec. 6-454. Purchase, consumption or possession by or for underage

persons.

Sec. 6-455. Misrepresentation of age by persons under 21 years of

age.


Sec. 6-457. Special provisions applicable to wholesale

purchase.



Sec. 6-460. Retailers to purchase from licensed

wholesalers only.



Sec. 6-463. Penalty for violation of article;

enforcement.


Division 4. Alcoholic Beverage Review Board



Sec. 6-489. Notice.

Secs. 6-490—6-510. Reserved.

118

Division 5. Excise Tax


Sec. 6-512. Excise tax on sale of spirituous liquor by the drink.

ARTICLE I.

IN GENERAL


ARTICLE II.

RETAIL SALE OF MALT BEVERAGES*

* State Law References: Malt beverages, O.C.G.A. § 3-5-1 et seq.



No person may sell malt beverages, at retail or otherwise, for consumption on the premises,

including the building lot on which such premises are located, and no person may consume malt

beverages in any public place within the city, except as provided in this chapter.

(Code 1988, § 3-21; Ord. of 7-11-1994)


DI

SI

O

N

2.

LI

C

E

N

S

119

E*

* State Law References: Local licensing of sales of alcohol, O.C.G.A. § 3-3-2.


Each retail dealer of malt beverages, as same is defined in O.C.G.A. § 3-1-2 who does

business within this city shall be required to obtain a license from the city clerk, and shall pay an

annual license fee of $500.00 for this privilege. In addition, there is hereby set and levied on the

sale of malt beverages within this city an excise tax in the amount on the basis of the sums and

determinations set forth in O.C.G.A. § 3-5-80 which excise tax is levied against and shall be paid

by the wholesale dealer as set forth in O.C.G.A. § 3-5-881. (Code 1988, § 3-22)


(a) Contents. Every person required to procure a license under the provisions of this

article shall submit an application for such license to the city clerk, which application shall

conform to the requirements of chapter 18, article I of this Code and shall contain the name and

home address of each shareholder owning a beneficial interest of more than 40 percent of the

issued and outstanding shares, if a corporation, together with the address of the principal

office and registered agent of the corporation.

(b) Recommendation of city manager. The city clerk shall forward a copy of any

application for a license received under this article to the city manager within

48 hours of the time of receipt of the application. The city manager shall make a

recommendation thereon, favorable or otherwise, and shall return such

recommendation to the city clerk within 14 days after receiving a copy of the

application.

(c) Referral to city council. If the applicant is denied the issuance of a license under

the provisions of this chapter by the council, the applicant shall not be given

consideration for a license at the same location for 180 days from the date of denial

by the council.

(d) Publication of notice. No application for license for the sale of malt beverages

within this city shall be acted upon by the council until after notice shall have been

run in a meeting at which such application is to be presented and considered. Such

notice shall contain the name of the applicant and the location of the proposed business,

and shall be run at the applicant's expense.

(e) Factors for council consideration. The council, in passing upon an initial

application for a license for the retail sale of malt beverages, at the final meeting

thereon, shall be guided by the following factors as to whether to grant or

deny such application:

120

(1) The proximity of other establishments selling malt beverages to the

proposed location.

(2) The character of the neighborhood immediately adjacent to the

proposed location.

(3) The proximity of churches, schools and playgrounds to the proposed

location.

(4) Whether the proposed location has adequate off-street parking

facilities or other parking available for its patrons.

(5) Whether the location would tend to increase and promote traffic

congestion and resulting hazards therefrom.

(6) The feelings and attitudes of the citizens residing in the area adjacent

to the proposed location.

(7) The information set forth in the application.

(8) Whether any malt beverage license previously issued for such

location was ever revoked for cause by the council.

(9) Whether the applicant has ever sold malt beverages illegally in the

city..

(Code 1988, § 3-23; Amd. of 7-2002)


(a) No license shall be issued for the retail sale of malt beverages in accordance with

this article unless the following conditions are met:

(1) The sale of malt beverages may not be done as a primary business, but can

be done only as an incidental part of another existing on-going business, so

that the sale of malt beverages, at retail, shall consist of not more than 20 %

of the gross revenue realized from the overall operation of the business

conducted from such location.

(2) Premises from which the business of retail sale of malt beverages is

conducted shall contain at least 2,000 square feet of floor space

including the operation of the malt beverage business and the other

business to which it is incidental, and such premises shall be kept in full

compliance, at all times, in a safe and sanitary condition, and in accordance

with all laws and ordinances regulating the condition of premises used for the storage or

121

sale of food for human consumption.

(3) Any premises for which a license is initially issued for retail sales of malt

beverages shall be no closer than a distance of 75 feet from the property line

of any then-existing church, school, licensed day care facility or college.

The distances in the subsection shall be measured in accordance with

the definition and method set forth in Section 6-178 of this Chapter. The

distance requirements in this subsection shall not be interpreted to be in

conflict with the minimum distances set forth in Georgia Statutes. The distances in

this s subsection shall never be less than those distances required by

Georgia Statutes and in all cases in which the distances in this subsection

are greater than those provided by Georgia Statutes then the distances set forth in

this subsection shall control.

(b) No license shall be issued to any applicant whose place of business is not in full

compliance with all minimum building codes adopted by the city.

(c) It shall be unlawful to sell or dispense any alcoholic beverages, including but not

limited to the retail sale of malt beverages, from or at a drive-in, drive-thru, drive-up, or

service bay, window or other facility. Further, curb service is expressly prohibited.

(Code 1988, § 3-24; Ord. of 7-9-1990; Amd. of 5-2002, Amd. of 10-9-06, Amd. of 10-18-06);

Amend. March, 2011. State Law References: Location restrictions, O.C.G.A. § 3-3-2 1.


(a) Upon the express approval of the council, the city clerk shall issue a business license

to the applicant for the retail sale of malt beverages, which license shall reflect

thereon the nature of the business so authorized, and shall bear the date of issuance and

the signature of the mayor and the city clerk.

(b) The granting of a license for the retail sale of malt beverages under the provisions

of this article shall be deemed a privilege only, and nothing herein contained shall

be construed as granting any person whose business is subject to municipal regulation any

legal right to engage in such business.

(c) If the applicant is denied the issuance of a license under the provisions of this

article by the council, the applicant may not apply for a license at the same

location for a period of 90 days from the date of denial by the council. If an

applicant is denied the issuance of a license under the provisions of this article

for a second time, then the applicant may not apply for a license at the same

location for a period of 180 days from the date of denial by the council.

(Code 1988, § 3-25)

Sec. 6-45. Display.

122

It shall be the duty of any person conducting a business licensed under this article to keep

such license posted in a conspicuous place on the premises used for such business at all times.

(Code 1988, § 3-26)


(a) Termination date. All licenses for the retail sale of malt beverages shall terminate

on December 31 of each year.

(b) Renewal date. Each licensee authorized to make retail sales of malt beverages shall

make a typewritten application for renewal on or before November 15 of each

calendar year, which application shall contain substantially the same information as

the initial application and be accompanied by all required fees.

(c) Refunds. An applicant for renewal of a license hereunder shall be entitled to a refund

of fees tendered if he withdraws his application for renewal prior to final action on

the same by the council.

(Code 1988, § 3-27)


The council, after affording the licensee notice of the charges and opportunity to be heard

with respect to any revocation proceedings, may, if it finds this article to have been violated by the

licensee, his agent or employee, revoke such license in its entirety, suspend the same for a specified

period of time, place the licensee on probation, or place other conditions thereon as the council may

deem necessary.

(Code 1988, § 3-28)


DIVISION 3.

OPERATIONAL REQUIREMENTS AND

RESTRICTIONS


In the absence of any provision to the contrary, the location of any business licensed for the

retail sale of malt beverages may not be changed without the prior approval of the council, and any

such change shall not, under any circumstances, be made if to do so would place the licensee in

violation of any of the provisions of this article or any other ordinance or law then in effect in this

city.

123

(Code 1988, § 3-29(a))


All licenses issued hereunder shall be personal to the licensee to whom issued, and

may not be transferred.

(Code 1988, § 3-29(b))


A duplicate license shall be issued by the city clerk to replace a previously issued license

which has been lost, stolen, defaced or destroyed without any willful conduct on the part of the

licensee, upon the filing of a sworn affidavit attesting to such fact and the payment of a fee of

$25.00 to the city clerk.

(Code 1988, § 3-29(c))


For the purposes of this article, each branch establishment or location wherein a

representative of the owner is employed and is authorized to transact business for such owner

shall be deemed a separate place of business for which a separate license shall be required, and the

issuance of a license to a licensee for a conduct of the business of the retail sale of malt beverages

shall be restricted to the one location shown on the application, regardless of the number of

locations or branches which might otherwise be operated by the licensee.

(Code 1988, § 3-29(d))


A person engaged in two or more businesses at the same location shall be required to obtain

a separate business license for the conduct of each such business for which a license is required,

and the issuance of the license for the retail sale of malt beverages shall not authorize the licensee

to operate any business from the same location without an appropriate business license for each

such separate business.

(Code 1988, § 3-29(e))


No person may sell malt beverages, at retail or otherwise, without having first obtained a

valid license under the provisions of this article and unless such license remains valid and in effect at

all times during which such person shall be conducting such business. Any person who shall violate

this or any other provision of this article shall, upon conviction therefore, be punished by a fine not

to exceed $1,000.00 and costs, or by imprisonment not to exceed six months, or both, any and all of

such penalties to be imposed in the discretion of the judge of the municipal court or such other

judicial office as shall have jurisdiction to try such case. (Code 1988, § 3-30)


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All licensees for the sale of malt beverages under the provisions of this article shall, at all

times, comply with the provisions of O.C.G.A. tit. 3 and any violation of any provision therein shall

constitute a violation of this article.

(Code 1988, § 3-31)

Section 6-78. Hours and days of sale.

(a) No retail license holder holding a license under this article shall furnish, sell or offer for sale

any beer or malt beverage except between the hours of 7:00 a.m. until 12:00 midnight Monday

through Saturday and 12:30 p.m. until 11:30 p.m. on Sunday.

(b) No retail license holder shall furnish, sell, or offer for sale any beer or malt beverage at any

time in violation of state law, local ordinance or regulation, or special order of the Mayor and

Council.

Amend. November, 2011.

Sec. 6-79 Growlers

(a) The sale of growlers in compliance with this article is authorized for establishments

authorized to sell alcoholic beverages, excluding distilled spirits, by the package. The term

"growler" means a bottle made of glass or other material customary to the industry provided

that the bottle is capable of being sealed with a cap and then sealed with a plastic collar for

the purpose of complying with open container laws, and further provided that the bottle does

not exceed sixty-eight (68) ounces and is filled by a licensee or employee of the licensed

establishment from a keg.

(b) The filling of growlers by means of a tapped keg shall not constitute the breaking

of a package as contemplated by O.C.G.A. § 3-3-26 or other provisions of this chapter.

(c) Growlers may only be filled from kegs procured by the licensee from a duly

licensed wholesaler.

(d) Only professionally sanitized and sealed growlers may be filled and made

available for retail sale. Each growler must be securely sealed and removed from the

premises in its original sealed condition.

(e) Consumption on the premises is strictly prohibited. However, samples may be

made available, but shall not exceed three (3) ounces in volume nor shall any one individual

be offered more than four (4) samples within a twenty-four (24) hour period.

(f) Growlers may not be sold at any establishment engaged in the sale of distilled

spirits.

(g) The sale of growlers shall require the payment of the annual license fee of

$500.00 from the local license holder and the payment of excise taxes as required and set

forth in Sec. 6-41

(h) The sale of growlers shall be exempt from the requirement found in Sec. 6-

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43 (a)(1). Unless otherwise exempted by this section, the requirements of this article

shall apply to the sale of growlers.

August 11, 2014

6-100. Reserved.

ARTICLE III.

RETAIL SALE OF WINE*

* State Law References: Wine, O.C.G.A. § 3-6-1 et seq.

DIVISION 1.

GENERALLY


No person may sell wines, at retail or otherwise, for consumption on the premises,

including the building lot on which such premises are located, and no person may consume wine in

any public place within the city, except as provided in this chapter.

(Code 1988, § 3-41; Ord. of 7-11-1994)


DIVISION 2.

LICENSE*



Each retail dealer of wines, as same is defined in O.C.G.A. § 3-1-2 who does business

within this city shall be required to obtain a license from the city clerk and shall pay an annual

license fee of $500.00 for this privilege. In addition, there is hereby set and levied on the sale of

wines within this city an excise tax in the amount on the basis of the sums and determinations set

forth in O.C.G.A. § 3-6-60, which excise tax is levied against and shall be paid by the wholesale

dealer as set forth in said O.C.G.A. § 3-6-60.

(Code 1988, § 3-42)


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(a) Contents. Every person required to procure a license under the provisions of this

article shall submit an application for such license to the city clerk, which application shall

conform to the requirements of chapter 18, article I of this Code.

(b) Recommendation of city manager. The city clerk shall forward a copy of any

application for a license received under this article to the city manager

within 48 hours of the time of receipt of the application. The city manager

shall make a recommendation thereon, favorable or otherwise, and shall

return such recommendation to the city clerk within 14 days after receiving a copy of

the application.

(c) Referral to city council. Upon the receipt of the recommendation of the city

manager as hereinabove provided, the city clerk shall forward such

recommendation and application to the council for consideration and action at its

next regularly scheduled meeting.

(d) Publication of notice. No application for license for the sale of wines within this

city shall be acted upon by the council until after notice shall have been run in a

meeting at which such application is to be presented and considered. Such

notice shall contain the name of the applicant and the location of the proposed

business, and shall be run at the applicant's expense.

(e) Factors for council consideration. The council, in passing upon an initial

application for a license for the retail sale of wines, at the final meeting thereon,

shall be guided by the following factors as to whether to grant or deny

such application:

(1) The proximity of other establishments selling wines to the proposed location.

(2) The character of the neighborhood immediately adjacent to the proposed

location.

(3) The proximity of churches, schools and playgrounds to the proposed

location.

(4) Whether the proposed location has adequate off-street parking facilities or

other parking available for its patrons.

(5) Whether the location would tend to increase and promote traffic congestion

and resulting hazards therefrom.

(6) The feelings and attitudes of the citizens residing in the area adjacent to the

proposed location.

(7) The information set forth in the application.

(8) Whether any wine license previously issued for such location was ever

revoked for cause by the council.

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(9) Whether the applicant has ever sold wines illegally in the city. (Code 1988, §

3-43)


(a) No license shall be issued for the retail sale of wines in accordance with this

article unless the following conditions are met:

(1) The sale of wines may not be done as a primary business, but can be done

only as an incidental part of another existing on-going business, so that

the sale of wines, at retail, shall consist of not more than 20 percent of

the gross revenue realized from the overall operation of the business

conducted from such location.

(2) Premises from which the business of retail sale of wines is conducted shall

contain at least 2,000 square feet of floor space including the operation

of the wine business and the other business to which it is incidental, and such

premises shall be kept in full compliance, at all times, in a safe and

sanitary condition, and in accordance with all laws, and ordinances regulating the

conditions of premises used for the storage or sale of food for human

consumption.

(3) Any premises for which a license is initially issued for retail sales of wines

shall be no closer than a distance of 75 feet from the property line of any

then-existing church, school, licenses day care facility or college. The

distances in the subsection shall be measured in accordance with the

definition and method set forth in Section 6-178 of this Chapter. The

distance requirements in this subsection shall not be interpreted to be in

conflict with the minimum distances set forth in Georgia Statutes. The distances in

this subsection shall never be less than those distances required by

Georgia Statutes and in all cases in which the distances in this subsection

are greater than those provided by Georgia Statutes then the distances set forth in

this subsection shall control.

(b) No license shall be issued to any applicant whose place of business is not in full

compliance with all minimum standard building codes adopted by the city.

(c) It shall be unlawful to sell or dispense any alcoholic beverages, including but not

limited to the retail sale of wine, from or at a drive-in, drive-thru, drive-up, or service bay, window

or other facility. Further curb service is expressly prohibited.

(Code 1988, § 3-44; Ord. of 7-9-1990; Amd. of 6-2000); Amend. March, 2011 State Law References: Location restrictions, O.C.G.A. § 3-3-2 1.


(a) Upon the express approval of the council, the city clerk shall issue a business license

to the applicant for the retail sale of wines, which license shall reflect thereon the nature of

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the business so authorized, and shall bear the date of issuance and the signature of the mayor

and the city clerk.

(b) The granting of a license for the retail sale of wines under the provisions of this

article shall be deemed a privilege only, and nothing herein contained shall be construed as

granting any person whose business is subject to municipal regulation any legal right to engage in

such business.

(c) If the applicant is denied the issuance of a license under the provisions of this

article by the council, the applicant may not apply for a license at the same location for a period

of 90 days from the date of denial by the council. If an applicant is denied the issuance of a

license under the provisions of this article for a second time, then the applicant may not apply

for a license at the same location for a period of 180 days from the date of denial by the

council.

(Code 1988, § 3-45; Amd. of 5-2002)

Sec. 6-140. Display.

It shall be the duty of any person conducting a business licensed under this article to keep

such license posted in a conspicuous place on the premises used for such business at all times.

(Code 1988, § 3-46)


(a) Termination date. All licenses for the retail sale of wines shall terminate on

the last day of December of each year.

(b) Renewal date. Each licensee authorized to make retail sales of wines shall make

a typewritten application for renewal on or before November 15 of each calendar year, which

application shall contain substantially the same information as the initial application and be

accompanied by all required fees.

(c) Refunds. An applicant for renewal of a license hereunder shall be entitled to a refund

of fees tendered if he withdraws his application for renewal prior to a final action on

the same by the council. (Code 1988, § 3-47)


The council, after affording the licensee notice of the charges and opportunity to be heard

with respect to any revocation proceedings, may, if it finds this article to have been violated by the

licensee, his agent or employee, revoke such license in its entirety, suspend the same for a specified

period of time, place of licensee on probation, or place other conditions thereon as the council may

deem necessary.

(Code 1988, § 3-48)


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In the absence of any provision to the contrary, the location of any business licensed for the

retail sale of wines may not be changed without the prior approval of the council, and any such

change shall not, under any circumstances, be made if to do so would place the licensee in violation

of any of the provisions of this article or any other ordinance or law then in effect in the city.

(Code 1988, § 3-49(a))


All licenses issued hereunder shall be personal to the licensee to whom issued, and

may not be transferred.

(Code 1988, § 3-49(b))


A duplicate license shall be issued by the city clerk to replace a previously issued license

which has been lost, stolen, defaced or destroyed without any willful conduct on the part of the

licensee, upon the filing of a sworn affidavit attesting to such fact and the payment of a fee of

$25.00 to the city clerk.

(Code 1988, § 3-49(c))


For the purposes of this article, each branch establishment or location wherein a

representative of the owner is employed and is authorized to transact business for such owner shall

be deemed a separate place of business for which a separate license shall be required, and the

issuance of a license to a licensee for a conduct of the business of the retail sale of wines shall be

restricted to the one location shown on the application, regardless of the number of locations or

branches which might otherwise be operated by the licensee.(Code 1988, § 3-49(d))


A person engaged in two or more businesses at the same location shall be required to obtain

a separate business license for the conduct of each such business for which a license is required,

and the issuance of the license for the retail sale of wines shall not authorize the licensee to operate

any business from the same location without an appropriate business license for each such separate

business.

(Code 1988, § 3-49(e))


No person may sell wines, at retail or otherwise, without having first obtained a valid license

under the provisions of this article unless such license remains valid and in effect at all times

during which such person shall be conducting such business. Any person who shall violate this or

any other provision of this article shall, upon conviction therefore, be punished by a fine not to

exceed $1,000.00 and costs, or by imprisonment not to exceed six months, or both, any and all of

such penalties to be imposed in the discretion of the judge of the municipal court or such other

judicial officer as shall have jurisdiction to try such case.

130

(Code 1988, § 3-50)


All licenses for the sale of wines under the provisions of this article shall, at all times,

comply with the provisions of O.C.G.A. title 3 (O.C.G.A. § 3-101 et seq.) and any violation of

any provision therein shall constitute a violation of this article.

(Code 1988, § 3-51)

Section 6-150. Hours and days of sale.

(a) No retail license holder holding a license under this article shall furnish, sell, or offer for

sale any wine except between the hours of 7:00 a.m. until 12:00 midnight Monday through

Saturday and 12:30 p.m. until 11:30 p.m. on Sunday.

(b)No retail license holder shall furnish, sell, or offer for sale any wine at any time in

violation of state law, local ordinance or regulation, or special order of the Mayor and Council.


Sec. 6-151. Ancillary wine tasting license. (a) The holder of a license for the retail sale of wine (package only) from the City and a valid current wine license from the State shall be eligible for an ancillary wine tasting license for only the location stated on its license to provide samples of wine offered for sale to customers under the conditions set forth in this section. (b) Wine samples shall be offered only as part of a wine tasting conducted for instructional or educational purposes. (c) The holder of an ancillary wine tasting license may conduct instructional or educational sampling classes for a period that does not exceed two (2) consecutive hours. The license holder shall be permitted to conduct instructional or educational sampling classes not to exceed six (6) times per calendar year. (d) Samples of wine shall not exceed two (2) ounces and no customer shall be permitted to consume more than eight (8) ounces in any two (2) hour period. (e) Wine tasting is permitted only within an enclosed area of the premises with a single means of ingress and egress for that area. The applicant’s proposed measures to segregate the wine tasting area and proposed staffing and oversight plans for conducting a wine tasting shall be submitted to the City Clerk for review and approval. (f) Wine bottles shall be opened only by the licensee or an employee, and samples shall be poured only by the licensee or an employee.

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(g) No containers of wine that have been opened shall be removed from the licensed premises. (h) All wines utilized for tasting purposes shall be obtained from a licensed retail or wholesale dealer. (i) Wine tastings shall comply with all laws and regulations pertaining to the distribution and sale of alcoholic beverages in the State and City. (j) The annual fee for an ancillary wine tasting license shall be One Hundred Dollars ($100.00), which may be revised from time to time by resolution of the mayor and city council. June, 2012 Secs. 6-152 – 6-175. Reserved.

ARTICLE IV.

SALE OF MALT BEVERAGES AND WINE FOR CONSUMPTION ON THE PREMISES*

* State Law References: Malt beverages, O.C.G.A. § 3-5-1 et seq.; wine, O.C.G.A. § 3-6-1 et seq.

DIVISION 1.

GENERALLY

Sec. 6-176. Sale of malt beverages at public golf course; authorization.

Notwithstanding any provisions set forth in this chapter to the contrary, the city or its

authorized representative shall be authorized to sell at retail malt beverages by the drink as part of the

offering of food and drink for retail sale incident to the operation of the public golf course owned

and operated by the city. The city or its authorized representative shall comply with all applicable

state laws regarding the sale of retail malt beverages by the drink at the public golf course.

(Code 1988, § 3-52; Ord. of 5-9-1994)


This article has been enacted for the purposes, among others, of promoting the health and

general welfare of the community, to establish reasonable and ascertainable standards for the

regulation and control for the licensing and sales of wine and malt beverages for consumption on

the premises; to protect and preserve

schools and churches; to give effect to existing land use; and to preserve certain residential areas,

with reasonable considerations, among others, to the character of the areas and their peculiar

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suitability for particular uses, the congestion in the roads and streets, and with a general view of

promoting desirable living conditions and sustaining the stability of neighborhoods and property

values; and to protect against the evils of concentration of the businesses serving malt beverages

and wine in one family and/or in one corporation and to prevent undesirable persons in engaging in

or having any interest in the sale of alcoholic beverages.

(Code 1988, § 3-59; Ord. of 5-28-1994)


The following words, terms and phrases when used in this article shall have the meanings

ascribed to them in this section unless the context clearly indicates a different meaning:

Adequate parking means that the parking furnished complies with the requirements of the

city's zoning ordinance.

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever

source or by whatever process produced.

Alcoholic beverages means and includes all alcohol, spirituous liquors as defined herein,

distilled spirit, beer, malt beverages, wine or fortified wine.

Art shop is a retail business devoted exclusively to providing art education that is limited to

instruction in painting, sculpture and similar crafts; or to selling and displaying portraits,

paintings, sculptures, art supplies and similar art work and crafts. An art shop shall not allow

activities that would cause the business to be an "adult entertainment establishment" as

defined in chapter 18, article VIII of this Code.

Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any

infusion or decoction of barley, malt, hops, or any other product, or any combination of such

products in water containing not more than six percent alcohol by volume, and including ale, porter,

brown, stout, lager beer, small beer, and strong beer. The term "malt beverage" does not include

sake, known as Japanese rice wine.

Brewpub is a restaurant in which beer or malt beverages are manufactured or brewed subject

to state law barrel production limitations for retail consumption on the premises and sold

solely in draft form.

Business area means any area which is correspondingly zoned in accordance with the city's

zoning ordinance.

Church means a permanent building where persons regularly assemble for

religious worship. Clerk means the person holding the official title of clerk for

the city.

College means only such state, county, city, church, or other colleges as teach the subjects

133

commonly taught in the common colleges of the state and shall not include private colleges where

only specialized subjects such as law, stenography, business, music, art, medicine, dentistry,

vocational occupations and other special subjects are taught.

Distance means the wall of the structure where alcohol is sold to the closest property line of

the nearest church, school, daycare facility or college. (Should said business that sell alcohol be

part of a larger building, the measurement shall be from the wall of the business where alcohol is

sold, as if it were the only business in the building). Distance shall be measured in a straight line

along the most direct and shortest possible route regardless any obstacles that may be present.

Distilled spirits means and includes any alcoholic beverage obtained by distillation or

containing more than 21 percent alcohol by volume, including, but not limited to, all fortified

wines.

Event facility means any public place kept, used, maintained, advertised and held out to the

public as a place where special events including, but not limited to, weddings, wedding receptions,

private parties and similar events are held and which provides meals or food services in connection

with such events. Any such facility shall be equipped with an adequate and sanitary kitchen and

dining facilities and shall have a seating capacity of at least fifty (50) people. The event facility

shall be capable of preparing, cooking and serving meals and other food products associated with

its special events on site. Any such establishment shall derive at least seventy-five (75) percent of

its total annual gross sales from rental for special events and the service of meal and food products

in connection with such special events. The revenues received from alcohol sales shall never

exceed twenty-five (25) percent of the total annual gross sales for any such facility. Any such

facility open to the public for the service of at least one (1) meal per day for three (3) or more days

per week shall be considered a restaurant and not an event facility.

Amend. April, 2011.

Family means and includes any person related to the holder of a license issued under the

provisions of this article within the first degree of consanguinity or affinity as determined

according to the law of the state.

Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by

volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation

with brandy added. The term "fortified wine" includes, but is not limited to, brandy.

Hotel shall mean a building or structure kept, used, maintained, advertised or held out to the

public to be a place where sleeping accommodations are offered for adequate pay to travelers and

guests whether transient, permanent or residential, in which 50 or more rooms are used for the

sleeping accommodations of such guests. Motels meeting the qualifications set out herein for hotels

shall be classified in the same category as hotels. Hotels shall have the privilege of granting

franchises for the operation of a lounge restaurant in their privileges [premises], and the holder of

such franchise shall be included in the definition of hotel thereunder.

License means the authorization by the appropriate government officials of the city to

engage in the sale of alcoholic beverages.

134

Licensee means a person or persons, real or artificial, holding any class of license issued

under the terms of this article.

Liter means metric measurement currently used by the United States.

Lounge means a separate room connected with a part of and adjacent to a restaurant or

located in hotels as defined herein with all booths, stools and tables being unobstructed and open to

view. All lounges shall be air conditioned and have a capacity of at least 50 persons.

Person means any individual, firm, partnership, cooperative, nonprofit membership

corporations, joint venture, association, company, corporation, agency, syndicate, estate, trust,

business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or

political subdivision, whether public, private, or quasi-public.

Premises shall mean the definite closed or apportioned- in locality whether a room, shop

or building, wherein alcoholic beverages are sold.

Private residence means a house or dwelling where not less than one or more than three

families customarily reside and shall not include an apartment house having facilities for housing

four or more families and any residence which has been unoccupied for a period of six consecutive

months immediately prior to the filing of any application hereunder.

Restaurant means public place kept, used, maintained, advertised and held out to the public

as a place where meals are served and where meals are actually and regularly served, without

sleeping accommodations, such place being provided with adequate and sanitary kitchen and

dining room equipment and seating capacity of at least 50 people, having employed therein a

sufficient number and kind of employees to prepare, cook and serve suitable food for its guests.

At least one meal per day shall be served at least six days a week, with the exception of holidays,

vacations, and periods of redecorating, and the serving of such meals shall be the principal

business conducted, with the serving of alcoholic beverages to be consumed on the premises as

only incident thereto. The business shall derive at least 50 percent of its total annual gross sales

from the sale of prepared food or meals.

Retail sales means selling or offering for sale alcoholic beverages to any member of the

public.

School means only such state, county, city, church or other schools as teach the subjects

commonly taught in the common schools of this state and shall not include private schools where


vocational occupations and other subjects are taught.

Wholesaler means any person, firm or corporation engaged in distribution or selling to

retailers for the purpose of resale, any alcoholic beverages as defined herein.

Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume

made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with

brandy added. The term includes, but is not limited to, all sparkling wines, champagnes,

135

combinations of such beverages, vermouths, special natural wines, rectified wines, and like

products. The term does not include cooking wine mixed with salt or other ingredients so as to

render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at

that point the manufacturing process when it conforms to the definition of wine contained in this

section.

(Code 1988, § 3-62; Ord. of 5-28-1994)


It shall be unlawful for any person to sell or offer for sale at wholesale or retail any

alcoholic beverages for consumption on the premises within the city without having first complied

with the provisions of this article. (Code 1988, § 3-64; Ord. of 5-28-1994)

Sec. 6-180. Penalties; continuing violation.

Except as otherwise stated in this article, any person who violates any provision of this article

may, upon conviction, be punished by a fine not to exceed $1,000.00 or imprisonment for a period

not to exceed 60 days, or by both such fine and imprisonment. Each day the violation continues

constitutes a separate offense. (Code 1988, § 3-60; Ord. of 5-28-1994)


DIVISION 2.

LICENSE*


Sec. 6-211. Required within the incorporated areas of the city; license a privilege.

(a) Malt beverages and wine may be sold within the incorporated areas of the city under

a license granted by the appropriate government officials as governed by the

terms and conditions hereafter provided.

(b) All licenses herein shall be a mere grant of privilege to carry to the business

during the term of the license subject to all terms and conditions imposed by the

ordinances of the city and state law.

(c) All licenses hereunder shall have printed on the front these words:

"THIS LICENSE IS A MERE PRIVILEGE SUBJECT TO BEING REVOKED AND

ANNULLED, AND IS SUBJECT TO ANY FUTURE ORDINANCES WHICH MAY BE

ENACTED"

(Code 1988, § 3-61; Ord. of 5-28-1994)


136

Separate applications must be made for each location and separate licenses must be

issued except as hereinafter set forth.

(Code 1988, § 3-65; Ord. of 5-28-1994)

Sec. 6-213. Form of application to be prescribed by city authorities.

All persons, firms or corporations desiring to sell malt beverages or wine for consumption

on the premises within the city shall make application on the forms prescribed by the appropriate

authorities of the city and must follow the procedures applicable to that particular license, as set

forth in this article. (Code 1988, § 3-66; Ord. of 5-28-1994)

Sec. 6-214. Application for license permitting the sale of alcoholic malt beverages

and wine for consumption on the premises.

(a) No malt beverages or wine shall be sold for consumption on the premises except

under a license granted by the clerk, as provided herein.

(b) Only malt beverages and wine for consumption on the premises shall be

authorized or licensed under this article.

(Code 1988, § 3-67; Ord. of 5-28-1994)

Sec. 6-215. Application; form; content; process; deposit.

(a) All persons desiring to engage in the sale of malt beverages or wine for

consumption on the premises shall make written application to the clerk for such

privilege upon forms to be prepared and provided by the clerk. Such application

shall state and/or contain the name and address of the applicant; a plat of the place

where the proposed business is to be located; the nature and character

of the business to be carried on; if a partnership, the names of all partners, whether

general or limited; if a corporation, the name of the top three officers and all stockholders

holding more than ten percent of the common stock; the names of all individuals

other than stockholders and partners who will have an economic interest in the

license if issued; and such other appropriate information as may be

required by this article or by the clerk, and shall be sworn to by the applicant

before filing.

(b) No license hereunder shall be issued to any person unless the building in which the

business will be located is complete and detailed plans of said building and outside

premises are attached to the application or unless proposed plans and specifications and a

building permit of a proposed building to be built are attached to the

application. Each applicant for a license shall attach to the application evidence of

ownership of the building or proposed building or a copy of the lease if the

applicant is leasing the building. If the proposed applicant is a franchise, then such

applicant shall attach a copy of the franchise agreement or contract with the

application. The completed building or the proposed building shall comply

with the ordinances of the city; regulations of the state revenue commissioner;

the laws of the state; and all other pertinent laws. The proposed building shall

137

also be subject to final inspection and approval when finished by the building

inspector. Each building in which the business is to be located shall contain sufficient

lighting so that the building itself and the premises on all sides of the building are readily

visible at all times from the front of the street on which the building is located so as

to reveal all of the outside premises of such building. All premises for which a

license shall be issued shall afford therein adequate sanitary toilet facilities and

shall be adequately illuminated so that all hallways, passageways and open areas

may be clearly seen by the customers therein.

(c) Each applicant shall, upon request by the clerk, submit a survey by a registered

land surveyor showing compliance with all distance requirements contained herein.

(d) In addition to the completion and submission of the application form as required

by this article, such applicant shall attach thereto a completed application form with all

attachments and requirements for a state license.

(e) Upon filing of the application with the clerk, the applicant shall deposit in cash or

by certified check a processing fee of $250.00 to cover the expense of

investigation and processing the application which fee shall not be refundable.

(f) Upon approval, in accordance with the terms of this article of an application for

license, the license fee shall be paid by certified check to the clerk prior to the issuance of a

license within ten days after approval. The amount of the license fee is listed in section 6-331.

(g) In the event the applicant is denied a license by the state, the license fee shall

be refunded. (Code 1988, § 3-68; Ord. of 5-28-1994)


(a) All applicants for licenses permitting the sale of malt beverages and wine for

consumption on the premises shall file with the clerk, along with each application, a bond:

(1) Conditioned to pay all sums which may become due by the applicant to the

city as taxes, license fees or other changes imposed by this article for the

sale of beer and wine; and

(2) Conditioned to pay all penalties which may be imposed upon the applicant

for failure to comply with the laws, ordinances and rules and regulations

pertaining to alcoholic beverages.

(b) The surety for the bond shall be a surety company licensed to do business in this state

and the bond shall be in such form as is acceptable to the clerk.

(1) The bond shall be in the amount of $1,000.00.

(Code 1988, § 3-69; Ord. of 5-28-1994)

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All applications in which a license permitting the sale of malt beverages and wine for

consumption on the premises shall be investigated by the county police department and a report of

said investigation presented to the clerk for consideration with the application.

(Code 1988, § 3-70; Ord. of 5-28-1994)


The clerk shall cause an inquiry to be made into the tax records to determine if any

applicant or other parties interested in an application have any outstanding taxes or special

assessments that are delinquent or if the applicant owes any other monies to the city. No license

shall be issued nor shall a license be renewed until all such debts are paid in full.

(Code 1988, § 3-71; Ord. of 5-28-1994)


No license hereunder permitting the sale of malt beverages or wine for consumption on

the premises shall be issued to any person who shall have been convicted or shall have entered a

plea of guilty or shall have taken a plea of nolo contendere within a period of ten years

immediately prior to the filing of such application for any felony, misdemeanor of any state or of

the United States, or any municipal ordinances except simple traffic violations. The term

conviction shall include an adjudication of guilt, a plea of guilty, or a plea of nolo contendere or

the forfeiture of a bond by a person charged with a crime.

(Code 1988, § 3-72; Ord. of 5-28-1994)


(a) Conditions for granting. No application for a license permitting the sale of malt

beverages or wine for consumption on the premises shall be granted when the

application or investigation by the clerk shows any of the following to exist:

(1) That the applicant is of bad moral character or does not have sufficient

mental capacity to conduct the business for which application is made or who

has been dishonorably discharged from the armed services of

the United States, or fails to demonstrate financial ability;

(2) That the applicant has had any license issued by the city or by any other city

in the state, or by any other licensing authority in the state relating to the

manufacture, distribution or sale of alcoholic or malt beverages or wine

previously revoked within the past ten years;

(3) That the applicant is related to any distributor or wholesaler of alcoholic

beverages or employees thereof within the first degree of consanguinity or

affinity as computed according to the laws of the state;

(4) That applicant does not have adequate financial participation in the proposed

business to direct and manage its affairs or that the applicant appears to

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be a mere surrogate for a person or persons who would not otherwise

qualify for a license for any reason whatsoever;

(5) That the applicant is the city clerk or a member of the city’s alcoholic

beverage review board or a spouse or minor child of one of the

aforesaid persons;

(6) That the applicant is not of legal age and/or a citizen of the United States or

an alien lawfully permitted for permanent residence;

(7) That operators, managers or clerks or other employees of applicant are of

bad moral character;

(8) That corporate or firm applicants are of bad business reputation;

(9) The clerk, in his discretion may consider any extenuating circumstances that

may reflect favorably or unfavorably on the applicant, application or the

proposed location of the business. If, in his judgment, circumstances

are such that granting the license would not be in the best interest of the

general public, such circumstances may be grounds for denying the

application.

(10) The clerk may decline to issue a license when any person having any interest

in the operation of such place of business or control over such place of

business does not meet the same character requirements as herein set

forth for the licensee.

(b) Decisions to be in writing. All decisions of the clerk either approving or denying a

license application shall be stated in writing and a copy of such statement

shall be provided to the applicant either personally or by certified mail.

(c) Right to hearing. Whenever the clerk shall deny an application for a license, the

applicant shall be notified of the right to a hearing under this article upon timely

application.

(Code 1988, § 3-73; Ord. of 5-28-1994)


Any change in any of the relationships and/or ownership interest contained on the

application must be filed with the clerk within 30 days after such change is made and the failure

to do so shall be grounds for

immediate cancellation and revocation by the clerk of a license or for the immediate

dismissal of any application for a license.

(Code 1988, § 3-74; Ord. of 5-28-1994)

Sec. 6-222. City clerk, members of alcoholic beverage review board prohibited from interest

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in license.

It shall be unlawful for the city clerk or any member of the city's alcoholic beverage review

board or a spouse or minor child of said person to have any whole, partial or beneficial interest in

any license hereunder. (Code 1988, § 3-75; Ord. of 5-28-1994)


All licensees holding licenses permitting the sale of malt beverages and wine for

consumption on the premises will be required to renew their licenses annually on forms

prescribed by the clerk. (Code 1988, § 3-76; Ord. of 5-28-1994)

Sec. 6-224. Grounds for suspension or revocation of license.

(a) A license permitting the sale of malt beverages or wine for consumption on the

premises may be suspended or revoked by the clerk where the licensee

furnished fraudulent or untruthful information in the application for a

license or omitted information required in the application for a license and for

failure to pay all fees, taxes or other charges imposed under the provisions of

this article. Any failure to notify of the change in any relationship as specified in section 6-

22 1 within 30 days after such change is made shall likewise constitute due cause

for cancellation, revocation or suspension of a license issued under this article.

(b) Any licensed establishment that is found to be in violation of section 6-283 or 6-284

of this Code shall be subject to immediate license revocation in addition to all other

penalties provided for in this article.

(c) The clerk shall revoke the license of any licensee whose license has been

suspended three or more times in any consecutive 12-month period.

(d) The clerk shall revoke the license for any premises where alcoholic beverages have

been sold or distributed during a period of suspension.

(e) The clerk may suspend or revoke the license of any establishment which does

not meet the licensing qualifications set forth in this article any time such

knowledge becomes known to the clerk.

(f) An act or omission of a licensee, holding a license permitting the sale of alcoholic

beverages for consumption on the premises, who is owner of more than a ten-

percent interest in the licensed establishment willingly or knowingly

performed, which constitutes a violation of federal or state law or any provision of

this article will subject the licensee to suspension or revocation of its license

in accordance with the provisions of this article when the clerk determines to the clerk's

own satisfaction that the act or omission did occur, regardless of whether any criminal

prosecution or conviction ensues. Provided, however, in the case of an

employee, the clerk must determine that the acts of the employee were known

to or under reasonable circumstances should have been known to the licensee, were

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condoned by the licensee, or where the licensee has not established practices or

procedures to prevent the violation from occurring.

(Code 1988, § 3-89; Ord. of 5-28-1994)


When any license or permit authorizing the sale of malt beverages and wine for

consumption on the premises is revoked, it shall be unlawful for the appropriate governing

officials to accept and/or consider any

application from the same applicant for license within 12 months from the time of such

revocation. (Code 1988, § 3-93; Ord. of 5-28-1994)

Sec. 6-226. False information in application.

Any material omission from or untrue or misleading information which is contained in an

original, renewal or transfer application for a license hereunder shall be cause for the denial or refusal

of a license, and if any license has previously been granted under such circumstances, the same

shall constitute due cause for revocation of such license. Any failure to notify of the change in any

relationship as specified in this article within 30 days after such change is made shall likewise

constitute due cause for cancellation, revocation or suspension of a license issued hereunder.

(Code 1988, § 3-99; Ord. of 5-28-1994)


(a) Licenses for the sale of malt beverages and wine for consumption on the premises

shall not be transferable except as otherwise provided in this section.

(b) In case of the death of any person owning a license issued under this article, or any

interest therein, the same may, with the approval of the clerk and subject to

the terms of this article, be transferred to the administrator, executor or personal

representative of the deceased person, or to the heirs at law of the deceased person,

if such heirs meet all of the other qualifications contained in this article. The license of

such deceased person shall be held by the administrator, executor or personal

representative of such deceased person only for the time necessary to complete

execution of his estate and dispose of the license or his interest therein, but in no event to

exceed six months.

(c) Nothing in this section, however, shall prohibit one or more of the partners in a

partnership holding a license to withdraw from the partnership and to assign his

interest in such partnership to one or more of the partners who were partners at the

time of the issuance of the license. Such withdrawal shall not, however, serve as

to bring any new ownership into the partnership, unless all provisions of this article

are fully complied with by the new partner.

(d) Should a transfer of the location be approved, there shall be no pro rata return of any

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license fee and the new location shall meet all requirements of a new license to be

issued under this article, except payment of license and investigation fees.

(e) A licensee may take in partners or additional stockholders where it is determined

that additional capital furnished is to be used exclusively for additional inventory or

expanding the facilities of the business or for building new facilities and where

it appears that the licensee himself will directly receive none of the additional

capital investment. Under this section an additional partner or new stockholder

must be approved in accordance with this article. This section only applies to

corporations when the new stockholder obtains ten percent or more of the common

stock.

(Code 1988, § 3-100; Ord. of 5-28-1994)


An application filed under this section shall meet and qualify under all requirements of this

article for granting of a new license.

(Code 1988, § 3-101; Ord. of 5-28-1994)

Sec. 6-229. Application; data; information; requirement for.

The city clerk shall have authority to prescribe forms for new or renewal applications which

are required under this article. All applicants shall furnish all data requested of them by the clerk

and failure to furnish such data, information and records within 30 days from the date of such

request, shall automatically serve to dismiss, with prejudice, the application. The applicants by filing

an application for a license permitted under this article agree to produce, for oral interrogation, any

person or persons requested by the clerk or the county police department, considered as being

important in the ascertainment of the facts relative to such application and/or license to be issued

under this article. The failure to produce such person or persons within 30 days after being

requested to do so shall result in the automatic dismissal of any application pending under this

article. (Code 1988, § 3-104; Ord. of 5-28-1994)


The licenses and taxes provided for in this article are not levied in lieu of any other license

fees or taxes that may be levied upon restaurants, but are in addition thereto.

(Code 1988, § 3-109; Ord. of 5-28-1994)

Sec. 6-231. Annual fees for sale of malt beverages and wine for consumption on the

premises.

(a) Amount. Each licensee holding a license for the sale of malt beverages and wine for

consumption on the premises shall pay an annual fee of $1,500.00. This fee may be

amended annually.

(b) Due date. All annual license fees herein shall be paid in advance, on or before

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January 1 of each year and any new license granted hereunder during a calendar year shall

pay the full license fee without pro-ration; provided, however, that if a license is granted

after July 1, the license fee shall be one - half of the annual license for such calendar year.

(c) Renewal. Any person licensed hereunder shall be required to renew his license on

or before January 1 of each year. In addition to any other penalties that may be authorized

otherwise, a penalty of ten percent of the license fee shall be imposed for failure to renew the

license on or before January 1 of each year. (Code 1988, § 3-116; Ord. of 5-28-1994)

(d) Sec. 6-232. Brewpub licenses.

Sec. 6-232 Brewpub Licenses. (a) Brewpub is a restaurant in which beer or malt beverages are manufactured or brewed subject to state law barrel production limitations for retail consumption on the premises and sold solely in draft form. No person shall be permitted to own or operate a brewpub without first obtaining a license from the city clerk pursuant to the same procedures as are set forth in this article and each brewpub license holder shall comply with all other applicable state and local license requirements.

(b) A brewpub license authorizes the holder of such license to: (1) Manufacture on the licensed premises not more than ten thousand (10,000) barrels of beer in a calendar year solely for retail on the premises and solely in draft form;

(2) Operate a restaurant that shall be the sole retail outlet for such beer. Such outlet may offer for sale any other alcoholic beverages produced by other manufacturers which are separately authorized for consumption on the premises by this chapter, including wine, distilled spirits, and malt beverages, provided that such alcoholic beverages are purchased from a licensed wholesaler for consumption on the premises only; and, provided, further, that in addition to draft beer manufactured on the premises, each brewpub licensee shall offer for sale commercially available canned or bottled malt beverages from licensed wholesalers for consumption on the premises only; and

(3) Notwithstanding any other provision of this section, sell up to a maximum of five thousand (5,000) barrels annually of such beer to licensed wholesale dealers for distribution to retailers and retail consumption dealers. (c) Possession of a brewpub license shall not prevent the holder of such license from obtaining another license authorized under this chapter for the same premises. (e) (d) A brewpub license does not authorize the holder of such license to sell alcoholic beverages at retail by package for consumption off the premises. (e) A brewpub licensee shall not offer or permit any free sampling of beer by its customers on the premises.

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(f) A brewpub licensee shall pay all state and local license fees and excise taxes applicable to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers. For the local excise tax, see Section 6-333. (g) A brewpub licensee shall pay an annual license fee of $250, which shall be in addition to any other license fees required under this chapter. This section requires that the licensee also hold (and have paid the annual license fee) a license for either the sale of malt beverages and wine for consumption on the premises or the sale of spirituous liquor for consumption on the premises. (h) Except as set forth above in this section, a brewpub license holder shall be subject to all provisions of this article.

August 11, 2014 6-233. Art shop. (a) An Art Shop established under this article may: (1) allow customers to bring in a bottle or bottles of wine and/or beer to be consumed on the premises except on Sundays; (2) any wine and/or beer served on the premises shall only be served by an employee of the Art Shop otherwise authorized to serve alcoholic beverages under this Chapter; (3) No customer of an Art Shop shall consume more than two six ounce servings of wine or two twelve ounce servings of beer during a three hour period or four six ounce servings of wine or four twelve ounce servings of beer within a single business day; and (4) the serving of wine and/or beer in an Art Shop shall be subject to all of the provisions related to the service of other alcoholic beverages under this Chapter, including but not limited to the prohibition of serving wine or beer to anyone under 21 years of age or to anyone intoxicated. (b) Nothing in this section shall prohibit an Art Shop from serving food provided it meets all of the requirements provided in this City Code and is properly permitted by the City. (c) The annual license fee for an Art shop shall be $250.00. August 11, 2014

6-255. Reserved.

DIVISION 3.

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ALCOHOLIC BEVERAGE REVIEW BOARD

Sec. 6-256. Established; duties.

There is hereby established an alcoholic beverage review board which shall have the duty

of hearing appeals from decisions of the clerk denying the issuance or renewal of any license

provided for by this article and to hear appeals from the decision of the clerk revoking or

suspending any such license provided for by this article.

(Code 1988, § 3-90; Ord. of 5-28-1994)


The alcoholic beverage review board shall be composed of five citizens of the city

appointed by the mayor and council to serve a two-year term.

(Code 1988, § 3-90; Ord. of 5-28-1994)

(a) Right to hearing. No license shall be denied, suspended or revoked without the

opportunity for a hearing as provided in this article.

(b) Written notice of denial, suspension or revocation of license. The clerk shall

provide written notice to the applicant or licensee of his order to deny, suspend, or revoke

the license. Such written notification shall set forth in reasonable detail the reasons for such

action and shall notify the applicant or licensee of the right to appeal under the provisions of

this article. Any applicant or licensee who is aggrieved or adversely affected by a final action of

the clerk may have a review thereof by appeal to the alcoholic review board. Such appeal

shall be by written petition, filed in the office of the clerk within 15 days after the final

order or action of the clerk.

(c) Time frame for hearing. A hearing shall be conducted on each appeal within 30

days of the date of filing with the clerk, unless a continuance of such date is

agreed to by the appellant and the clerk. The appellant at such hearing shall

have the right to be represented by an attorney, at the expense of the

appellant, and to present evidence and cross examine witnesses.

(d) Clerk to notify appellant. The findings of the alcoholic review board shall be

forwarded to the clerk after the conclusion of the hearing and it shall be the

duty of the clerk to notify the appellant of the action of the alcoholic

review board.

(e) Grounds for setting aside findings. The findings of the alcoholic review board

shall not be set aside unless found to be:

(1) Contrary to law or ordinances;

(2) Unsupported by substantial evidence on the record as a whole; or

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(3) Unreasonable.

(f) Appeal of findings. The findings of the alcoholic review board shall be final unless

appealed within 30 days of the date of said findings by certiorari to

the superior court of the county. (Code 1988, § 3-91; Ord. of 5-28-1994)

Sec. 6-259. Notice.

For the purpose of this division, notice shall be deemed delivered when personally

served or, when served by registered mail and/or certified mail, within three days after the date of

deposit in the United States mail.

(Code 1988, § 3-92; Ord. of 5-28-1994)


DIVISION 4.

OPERATIONAL REQUIREMENTS AND

RESTRICTIONS Sec. 6-281. Gambling on premises prohibited.

There shall be no gambling, betting, games of chance, punchboards, slot machines or the

operation of any scheme for hazarding money or any other thing of value in any place of business

licensed to sell alcoholic beverages for consumption on the premises or in any room adjoining the

same, owned, leased or controlled by a licensee. No licensee holding a license permitting the sale of

alcoholic beverages for consumption on the

premises shall allow or permit any video game(s) to be placed on the bar in such establishment

where alcoholic beverages are sold or delivered to customers. Any violation of this section shall be

cause for suspension or revocation of a license. Nothing in this section shall be construed to prohibit

the conducting of lottery activities on the premises provided such activities have been properly

approved by the state.

(Code 1988, § 3-77; Ord. of 5-28-1994)


No retail consumption dealer licensed to sell alcoholic beverages hereunder shall require,

permit, suffer, encourage or indulge any employee or person to solicit in the licensed premises for

himself or for any person other than the patron and guest of the patron, the purchase by the patron

of any drink, whether alcoholic or nonalcoholic, or money with which to purchase the same; nor

shall any licensee pay any commission or any other compensation to any person frequenting his

establishment or to his agents or manager to solicit for himself or for others, the purchase by the

patron of any drink, whether alcoholic or nonalcoholic. (Code 1988, § 3-78; Ord. of 5-28-1994)

Sec. 6-283. Types of entertainment, attire and conduct prohibited.

147

(a) It shall be unlawful for any person maintaining, owning or operating a commercial

establishment located within the boundaries of the city, at which malt beverages and wine

are offered for sale for consumption on the premises:

(1) To suffer or permit any female person 21 years of age or older, while on

the premises of said commercial establishment, to expose to the public

view that area of the human female breast at or below the top of the areola

thereof.

(2) To suffer or permit any female person 21 years of age or older, while on

the premises of said commercial establishment, to employ any device or

covering which is intended to give the appearance of or simulate

such portions of human female breasts as described in subsection (a)(1) of

this section.

(3) To suffer or permit any person 21 years of age or older, while in the

premises of said commercial establishment, to expose to public view

his or her genitals, pubic area, anus or anal cleft.

(4) To suffer or permit any person 21 years of age or older, while on the

premises of said commercial establishment, to employ any device

or covering which is intended to give the appearance of or simulate the

genitals, pubic area, anus, or anal cleft.

(5) To suffer or permit any person 21 years of age or older, while on

the premises of said commercial establishment, to:

a. Act or perform acts which simulate sexual intercourse,

masturbation, sodomy, bestiality, oral copulation,

flagellation;

b. Touch, caress, or fondle the breasts, anus or genitals; or

c. Display pubic hair, the anus or vulva.

(b) It shall be unlawful for any female person 21 years of age or older, while on the

premises of a commercial establishment located within the boundaries of the city,

at which malt beverages and wine are served or offered for sale for consumption on

the premises, to expose to public view that area of the human female breasts at

or below the top of the areola thereof, or to employ any device or covering

which is intended to give the appearance or simulate such areas of the female

breasts as described herein.

(c) It shall be unlawful for any person 21 years of age or older, while on the premises of

a commercial establishment located within the boundaries of the city,

at which malt beverages and wine are offered for sale for consumption on the

premises, to expose to public view his or her genitals, pubic area, anus, or

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anal cleft, or to employ any device or covering which is intended to give the

appearance of or simulate the genitals, pubic area, anus or anal cleft.

(d) It shall be unlawful for any person maintaining, owning or operating a commercial

establishment located within the boundaries of the city, at which malt beverages and wine

are offered for sale for consumption on the premises, to hold, promote or

allow any contest, promotion, special night or any other activity where

patrons of the licensed establishment are encouraged or allowed to engage in any

of the above prohibited conduct.

(e) Nothing in this article adopted by the mayor and council of the city shall be

construed to apply to the presentation, showing, or performance of any play, drama, ballet,

or motion picture in any theater, concert hall, museum of fine arts, school,

institution of higher education, or other similar establishment as a form of an

expression of opinion or communication of ideas or information, as differentiated

from the promotion or exploitation of nudity for the purpose of advancing the

economic welfare of a commercial or business enterprise. This article specifically applies to

establishments licensed by the city, to sell or offer for sale malt beverages

and wine for consumption on the premises and is intended solely to

regulate the conduct of individuals physically present in such establishments.

(Code 1988, § 3-79; Ord. of 5-28-1994)


(a) No licensee or employee or agent of a licensee, in connection with the sale or other

disposition of alcoholic beverages for consumption on the premises shall:

(b) Each licensee shall maintain a schedule of the prices charged for all alcoholic

beverages to be served and consumed on the licensed premises or in a room or

part thereof. The licensee shall not vary the schedule of prices from day to day or from

hour to hour within a single day. The schedule of prices shall be posted in a

conspicuous manner so as to be in view of the paying public and said schedule

shall be effective for not less than one calendar week.

(c) No licensee shall advertise or promote in any way, whether within or without the

licensed premises, any of the practices prohibited under subsection (a) of this

section.

(Code 1988, § 3-80; Ord. Of 5-28-1994)

Sec. 6-285. Consumption dealers to buy only from licensed wholesalers; minimum legal

container; sales off-premises prohibited.

No licensed retail consumption dealer shall buy or arrange to buy or in any way effect the

transfer of any alcoholic beverages except from a licensed wholesaler. The sale of alcoholic

beverages by the licensee hereunder in unbroken packages or in any quantity for other than

consumption on the premises is expressly prohibited.

(Code 1988, § 3-81; Ord. of 5-28-1994)

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Sec. 6-286. Retail consumption dealers to store inventory only on premises.

No retail consumption dealer licensed hereunder shall keep any alcoholic beverages at any

place except the licensed place of business. No retail consumption dealer shall be permitted to enter

any type of arrangement whereby alcoholic beverages ordered by licensee are stored by a licensed

wholesaler.

(Code 1988, § 3-82; Ord. of 5-28-1994)


It shall be unlawful for licensees holding a license permitting the sale of alcoholic

beverages for consumption on the premises or their agents to add to the contents of a bottle or to

refill empty bottles or in any manner misrepresent the quantity, quality or brand names of any

alcoholic beverage.

(Code 1988, § 3-83; Ord. of 5-28-1994)


The licenses provided for in this article shall at all times be kept plainly exposed to view of

the public at the place of business of the licensee.

(Code 1988, § 3-84; Ord. of 5-28-1994)

Sec. 6-289. Licensees to maintain a copy of this article; employees to be familiar with

its terms; responsibility of licensee for violations.

Each retail consumption dealer hereunder shall keep a copy of this article in the licensed

premises and shall instruct any person working therein with respect to the terms hereof and each

licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be

familiar with the terms hereof. The licensee shall be responsible for any acts of agents or employees

which are in violation of this article or of the laws of the state or of the rules and regulations of the

state revenue commissioner, except as provided in this article.

Sec. 6-290. Premises open for inspection.

The business premises of a licensed retail consumption dealer hereunder shall be open to

inspection at any and all times by officers or officials representing the governing authority

authorized to inspect such premises.

(Code 1988, § 3-86; Ord. of 5-28-1994)


No outdoor advertising or signs with respect to the sale of alcoholic beverages, or the

prices of such beverages, shall be permitted on the exterior of any retail outlet, or on the windows

or elsewhere in the outlet that may be viewed from the outside.

(Code 1988, § 3-87; Ord. of 5-28-1994)

150


No retail consumption dealer shall sell or deliver any alcoholic beverages to any person

except in said licensee's place of business.

(Code 1988, § 3-88; Ord. of 5-28-1994)

Sec. 6-293. Time limit for commencement of business in licensee's establishment; forfeiture

for non-use.

(a) All holders of licenses for the sale of malt beverages and wine for consumption on

the premises must, within 12 months after the issuance of said license, open for business, the

establishment referred to in the license. Failure to open the licensed establishment within 12

months after the issuance of such license shall serve as cause for the forfeiture of such license

and no refund of license fees shall be made to the license holder.

(b) Failure to operate the business authorized by the license referred to in subsection (a)

above for a period of six consecutive months after the licensee has begun

operation under a license, shall serve as cause for the forfeiture of such license

and no refund of license fees shall be made to the license holder. (Code 1988, § 3-94;

Ord. of 5-28-1994)


Where a building in which an applicant proposes to operate under a license permitting the

sale of malt beverages and wine for the consumption on the premises is at the time of the

application for such license not in existence, or not yet completed, a license may be issued for such

location providing the plans and specifications for the proposed building are filed with the clerk and

show clearly a compliance with the other provisions of this article and applicable ordinances of the

city. No sales shall be allowed in such establishment until it has been completed in accordance with

said plans and specifications and is in conformity with all other provisions of this article and

applicable ordinances of the city and an occupancy permit has been issued.

(Code 1988, § 3-95; Ord. of 5-28-1994)

Sec. 6-295. Automatic revocation of city license.

Whenever the state shall revoke any permit or license to sell any alcoholic beverages, or

suspend or revoke a state retail consumption dealer's license, said action shall automatically serve to

revoke the applicable city license issued under the terms of this article without any further action

by the mayor and council or any officer of the city. Whenever the judicial system for the state

shall convict or accept a plea of guilty or nolo contendere for the sale of alcoholic beverages to an

underage person, the license issued by the city to the offending licensee may thereupon be

automatically revoked by the clerk.


When any license for the sale of alcoholic beverages is revoked, all signs indicating that

151

such beverages may be sold or purchased, shall be immediately removed from the place of

business.

(Code 1988, § 3-97; Ord. of 5-28-1994)

Sec. 6-297. Revocation upon violation of any provision of this article.

Violation of any of the provisions of this article by the holder of a license issued hereunder

shall subject the holder of such license to revocation of said license as provided herein.

(Code 1988, § 3-98; Ord. of 5-28-1994)


The following regulations shall apply to all establishments holding a license for the

sale of malt beverages or wine for consumption on the premises:

(1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic

beverages, or in any managerial position by an establishment holding a license for

the sale of malt beverages or wine for consumption on the premises until such

person as been fingerprinted and back ground check on said person has been

performed by the county police department and the county police department has

provided the city clerk with a letter indicating that the person is eligible to hold a

pouring permit.

(2) This section shall not be construed to include employees whose duties are limited

solely to those of busboy, cook, or dishwasher, and are never allowed to dispense,

sell, serve, take orders, mix alcoholic beverages or in any way be associated with

the sale or serving of alcoholic beverages.

(3) No pouring permit shall be issued until such time as a signed application has been

filed with the city clerk and/or county police department and the appropriate fee

which has been established by the city and/or the county police department has been

paid. A search of the criminal record of the person completing the application shall

be conducted by the county police department. The application shall include, but

shall not be limited to, the name, date of birth and prior arrest record of the person

through the fact of an arrest record shall be used for investigative purposes only, and

shall not give rise any presumption or inference of guilt. Due to the inclusion of

arrest information, these applications shall be regarded as confidential and shall not

be produced for public inspection unless required by state law or court order.

(4) The county police department or its designee shall have a complete and exhaustive

search made relative to any police record of the person submitting the application for

a pouring license. In the event that the person is eligible for a pouring license under

this article, the county police department shall issue a letter to the city clerk that the

permit has been issued to the person, and stating that the person is eligible for

employment. If it is found that the person is not eligible for the pouring permit, the

county police department shall notify the city clerk that the person is not eligible, and

152

the reasons why the person is not eligible, and the city clerk shall notify the person

in writing that they are not eligible for the permit, the cause for the denial of the

permit, and the person's right to appeal the denial.

(5) No person shall be granted a pouring permit unless it appears to the satisfaction of

the county police department and the city clerk that such person has not been

convicted or plead guilty or entered a plea of nolo contendere to any crime

involving moral turpitude, illegal gambling,

illegal possession or sale of controlled substances, illegal sale or possession of

alcoholic beverages, including the sale or transfer of alcoholic

beverages to minors in a manner contrary to law, keeping a place of prostitution, pandering,

pimping, public indecency, prostitution, solicitation of sodomy, or any

other sexually related crime within a period of five years of the date of the

application. No person shall be granted a pouring permit who has been convicted,

plead guilty, or entered a plea of nolo contendere to any federal, state or local law which

constitutes a felony within five years of the date of the application. For

purposes of this division, a conviction or plea of guilty or nolo contendere shall

be ignored as to any offense for which the defendant was allowed to avail

themselves of the Georgia First Offender Act as amended, however, any such

offense shall not be ignored if the defendant violated any terms of probation

imposed by the court granting first offender treatment or committed another crime and the

sentence in court entered an adjudication of guilt as to the crime for which

the defendant had previously been sentenced as a first offender.

(6) A pouring permit shall be issued for a period of one year from the date of the original

application. The pouring permit must be in the possession of the employee while the

employee is working at the licensed establishment, and must be made available for

inspection by members of the county police department or the city manager, city

clerk or their designee.

(7) No person shall be issued a pouring permit if it is determined that the person

falsified, concealed, or covered up any material fact by any device, trick, or scheme

while making application for the permit. If a permit is denied or revoked under the

provisions of this section, no application from the same person shall be accepted for

a period of at least six months.

(8) All pouring permits issued through administrative error are considered void and may

be terminated and seized by the city manager, city clerk, county police department or

their designee.

(9) All permits issued hereunder remain the property of the city and shall be produced

for inspection upon demand by any county police officer or the city manager or the

city clerk or their designee. New employees shall receive a receipt issued by the city

clerk or county police department which may be used for a maximum of 30 days

from the date of its issue. Replacement permits will be issued within 30 days of the

original date of issuance upon payment of one-half of the normal fee for a pouring

permit. After 30 days from the original issuance date, a new application and fee must

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be submitted in order to obtain a replacement permit.

(10) It shall be the duty of all persons holding a license under the terms of this article to

file with the city clerk the names of all employees working on the premises and

connected with the sale or other disposition of alcoholic beverages along with the

employee's social security number, date of birth, home address and home phone

number and places of employment. Changes in the list of employees must be filed

with the city clerk upon the hiring of a new employee. Copies of these filings shall

be provided to the county police department for use in random inspections.

(11) It shall be the duty of all persons holding a license under this article to inspect and

verify that each employee has obtained a valid pouring permit and that the permit is in

their possession at all times while working at the licensed establishment. Allowing an

employee to work in the licensed establishment without possession of a valid pouring

permit shall constitute a violation of this article, and both the employee and the

licensee shall be subject to penalty for such violation.

(Ord. of 5-14-2001(1), § 3-102)

Sec. 6-299. Employment of persons with prior convictions prohibited.

No license permitting the retail sale of malt beverages and wine for consumption to any

applicant in any

capacity whatsoever, who has been convicted in this state or any other state, or in the United

States, or in any other country, within ten years immediately prior to the application for

employment of soliciting for prostitution, pandering, letting of premises for prostitution, keeping

a disorderly house, illegal dealing in narcotics, sex offenses or other charges related to the

manufacture or sale of intoxicating liquors or any crime involving moral turpitude.

(Code 1988, § 3-103; Ord. of 5-28-1994)


No license permitting the retail sale of malt beverages and wine for consumption on the

premises shall be granted to any applicant hereunder unless the proposed premises for the sale of

malt beverages and wine for consumption on the premises is a restaurant, event facility, hotel, or

lounge, and is located in the appropriate zoning district permitting such use as provided by the

zoning ordinances of the city as now or hereafter amended. Such sales shall be permitted in the

following zoning districts: BG, HSB.

(Code 1988, § 3-105; Ord. of 5-28-1994); Amend. April, 2011.


No license permitting the sale of malt beverages and wine shall be granted to any applicant

who is not a citizen of the United States or an alien lawfully admitted for permanent residence.

Where the applicant is a corporation or other business entity other than an individual, the

stockholders or joint venturers or principals behind such business must meet the requirements of

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this section and, in the event any license provided for hereunder shall be issued, such license shall

be issued in the name of the corporation and the principal stockholder or principal behind such

business entity. If the applicant is a partnership, the requirements of this section shall apply to all

partners.

(Code 1988, § 3-106; Ord. of 5-28-1994)

Sec. 6-302. Distance from churches, schools, day care facilities, colleges.

(a) No license permitting the sale of malt beverages and wine for consumption on the premises shall be issued under this article if the premises of the applicant is located within a distance of 75 feet of the property line of any church, school, licensed day care facility or college, except as otherwise provided in this section. The distances in this section shall be measured in accordance with the definition and method set forth in Section 6-178 of this Chapter. If an applicant or licensee otherwise qualifies hereunder, he shall be entitled to a license to continue to operate any business described herein in the event that subsequent to the date of granting a license hereunder a church, school, licensed care facility or college is located closer than the distance set forth herein.

(b) Because of the unique nature of the Town Center Overlay District (as set

forth on the City’s Official Zoning Map) and the desire to encourage economic redevelopment and economic health and stability of that area, all distance limitations set forth in this section shall be reduced to zero feet for businesses located or proposed to be located in the Town Center Overlay (TCO).

(Code 1988, § 3-107; Ord. of 5-28-1994; Amd. of 6-2000, Amd. of 10-18-06 ) State Law References: Location restrictions, O.C.G.A. § 3-3-2 1.


(a) No one holding a license under this article shall furnish, sell or offer for sale any

alcoholic beverage for consumption on the premises at any time except

between the hours of 9:00 a.m. until 1:30 a.m. Monday through Saturday; and in eating

establishments which derive at least fifty percent (50%) of their total annual

gross food and beverage sales from the sale of prepared meals or food, between 12:30

p.m. and 12:00 midnight on Sunday.

(Amd. of 02-11-04, Amd. 10-18-06 )

(b) No license holder shall serve alcoholic beverages at any time in violation of a local

ordinance or regulation or of a special order of the Mayor and Council.

(Code 1988, § 3-108; Ord. of 5-28-1994, Amd. of 10-18-06) State Law References: Days and hours of sale, O.C.G.A. §§ 3-3-7, 3-3-20.

155


No licensee shall employ any person under 21 years of age, in or about the premises

where alcoholic beverages are sold or offered for sale, to sell, take orders for delivery, or to aid or

assist in the sale or delivery, directly or indirectly, of alcoholic beverages unless the said person

under 21 years of age shall be under the direct supervision of a person who shall be both employed

by said establishment and who shall be over 21 years of age.

(Code 1988, § 3-110; Ord. of 5-28-1994)

Sec. 6-305. Furnishing to, purchase of, or possession by persons under 21 years of age of

alcoholic beverages; use of false identification; proper identification; dispensing, serving,

selling, or handling by persons under 21 years of age in the course of employment; seller's

actions upon receiving false identification.

(a) Except as otherwise authorized by law:

(1) No person knowingly, directly or through another person, shall furnish,

cause to be furnished, or permit any person in such person's employ to

furnish any alcoholic beverage to any person under 21 years of age;

(2) No person under 21 years of age shall purchase, attempt to purchase, or

knowingly possess any alcoholic beverage;

(3) No person under 21 years of age shall misrepresent such person's age in

any manner whatever for the purpose of obtaining illegally any alcoholic

beverage;

(4) No person knowingly or intentionally shall act as an agent to purchase or

acquire any alcoholic beverage for or on behalf of a person under 21 years of

age; or

(5) No person under 21 years of age shall misrepresent his identity or use any

false identification for the purpose of purchasing or obtaining any

alcoholic beverage.

(b) The prohibitions contained in subsections (a)(1), (2), and (4) of this section shall not

apply with respect to the possession of alcoholic beverages for consumption:

(1) For medical purposes pursuant to a prescription of a physician duly

authorized to practice medicine in this state; or

(2) At a religious ceremony.

(c) The prohibition contained in subsections (a)(1), (2), and (4) of this section shall

not apply with respect to the sale, purchase, or possession of alcoholic beverages for consumption

by a person under 21 years of age when the parent or guardian of the person under 21 years of

age gives the alcoholic beverage to the person and when possession is in the home of the parent

156

or guardian and such parent or guardian is present.

(d) The prohibitions contained in subsection (a)(1) of this section shall not apply with

respect to the sale of alcoholic beverages by a person when such person has been furnished with

proper identification showing that the person to whom the alcoholic beverage is sold is 21

years of age or older. For purposes of this subsection, the term "proper identification" means any

document issued by a governmental agency containing a description of the person,

such person's photograph, or both, and giving such person's date of birth and includes,

without being limited to, a passport, military identification card, driver's license, or an

identification card authorized by state law. The term "proper identification" shall not include a

birth certificate and shall not include any traffic citation and complaint form issued by any

jurisdiction.

(e) If such condition is not otherwise prohibited pursuant to state law, nothing contained

in this section shall be construed to prohibit any person under 21 years of age from:

(1) Dispensing, serving, selling, or handling alcoholic beverages as a part of

employment in any licensed establishment;

(2) Being employed in any establishment in which alcoholic beverages are

distilled or manufactured; or

(3) Taking orders for and having possession of alcoholic beverages as a part

of employment in a licensed establishment.

(f) Testimony by any person under 21 years of age, when given in an

administrative or judicial proceeding against another person for violation of any provision

of this section, shall not be used in any administrative or judicial proceedings brought

against such testifying person under 21 years of age.

(g) In any case where a reasonable or prudent person could reasonably be in doubt as to

whether or not the person to whom an alcoholic beverage is to be sold or otherwise furnished is

actually 21 years of age or older, it shall be the duty of the person selling or otherwise

furnishing such alcoholic beverage to request to see and to be furnished with proper

identification as provided for in subsection (d) of this section in order to verify the age of such

person; and the failure to make such request and verification in any case where the person to

whom the alcoholic beverage is sold or otherwise furnished is less than 21 years of age may be

considered by the trier of fact in determining whether the person selling or otherwise furnishing

such alcoholic beverage did so knowingly.

(h) Any retailer or retail consumption dealer, or any person acting on behalf of such

retailer or retail consumption dealer, who upon requesting proper identification from a

person attempting to purchase alcoholic beverages from such retailer or retail consumption dealer

pursuant to subsection (h) of this section is tendered a driver's license which indicates that such

driver's license is falsified, is not the driver's license of the person presenting it, or that such

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person is under the age of 21 years, the person to whom said license is tendered shall be

authorized to either write down the name, address, and license number or to seize and retain such

driver's license and in either event shall immediately thereafter summon a law enforcement

officer who shall be authorized to seize the license either at the scene or at such time as the

license can be located. The procedures and rules connected with the retention of such license by

the officer shall be the same as those provided for the acceptance of a driver's license as bail

on arrest for traffic offenses pursuant to state law. State Law References: Similar provisions, O.C.G.A. § 3-3-23.


(a) It shall be unlawful for any person to consume any alcoholic beverage while in or

upon public streets, alleys, sidewalks, parking lots, or other public ways except as otherwise

provided or allowed by this Code.

(b) No person shall be in possession of any glass, can or open container

containing alcoholic beverages on any thoroughfare, street, sidewalk, alley, parking lot or

any other public way.

(c) No person, firm or corporation licensed to sell alcoholic beverages shall permit

any person to remove from such premises, any alcoholic beverage.

(d) No person shall have in his possession an open container containing alcoholic

beverages while within or on a motor vehicle, including motorcycles, while parked or

standing on a public street or public parking lot in the city, or while such vehicle is in motion.

(Code 1988, § 3-115; Ord. of 5-28-1994) State Law References: Possession of open containers of alcohol in motor vehicles, O.C.G.A. § 40-6-254.


DIVISION 5.

BEER AND/OR WINE WHOLESALER LICENSING AND

REGULATIONS Sec. 6-331. Special provisions applicable to wholesale

purchase.

(a) Wholesaler required to be licensed. Any person desiring to sell at wholesale any

alcoholic beverages in the city shall make application to the clerk of the city for a license to do

so, which application shall be in writing on the prescribed forms and pay any license fee as

set by this article.

(b) Wholesaler not to have financial interest in license for retail sale of alcoholic

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beverages. No person who has any direct financial interest in any license for the retail sale of

any alcoholic beverages in the city shall be allowed to have any interest or ownership in any

wholesale alcoholic beverage license issued by the city.

(c) Purchases; sales. No retailer shall purchase any alcoholic beverage from any person

other than a wholesaler licensed under this article. No wholesaler shall sell any

alcoholic beverage to any person other than a retailer licensed under this article.

Provided, however, that this section shall not prohibit the purchase by one

retailer of another retailer's entire stock in a bona fide purchase of an ongoing

business.

(d) Delivery vehicle to be clearly marked. No alcoholic beverage shall be

delivered to any retail sales outlet in the city except by a duly licensed wholesaler. The

name of the wholesale distributor shall be clearly marked on the delivery

vehicle.

(Code 1988, § 3-117; Ord. of 5-28-1994)


Each licensee for wholesale sales shall pay an annual fee of one hundred dollars ($100.00).

This fee may be amended annually.

(Code 1988, § 3-118; Ord. of 5-28-1994)

Sec. 6-333. Excise tax; levied, amount, payment, duties of dealers and wholesalers.

(a) Scope of section. In addition to all other taxes or license fees heretofore or

hereafter imposed upon retail dealers engaged in the city in the business of selling alcoholic

beverages, there is imposed and levied upon all hereinafter described dealers within the city an

excise tax to be computed and collected as hereinafter set forth. The taxes imposed by this

section shall not be levied with respect to the following:

(1) Wine sold to and used by established and recognized churches and

synagogues for use in sacramental service only; and

(2) Any sale of wine which is exempt from taxation by the state or under

the Constitution of the United States.

(b) Basis for computation of tax.

(1) The tax levied hereunder shall be computed on the basis of $0.22 per liter for

wine sold or delivered as hereinafter set forth. The $0.22 per liter shall be prorated

down on fractional parts of liters, so that each bottle or each individual size

container shall be taxed on the basis of $0.22 per liter. It shall be unlawful and a

violation of this section for any such licensee to possess, own, hold, store,

display or sell any wine on which such tax has not been paid.

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(2) Where malt beverages, commonly known as tap or draft beer, are sold from

a barrel or bulk container, the tax levied hereunder shall be computed at

the rate of $6.00 on each container sold containing not more than 15

gallons and a proportionate tax at the same rate on all fractional parts of 15

gallons. Where malt beverages are sold in bottles, cans or other containers, a tax of

$0.05 per 12 ounces and a proportionate tax at the same rate on all

fractional parts of 12 ounces shall be imposed.

(c) Computations, payment, duties or wholesale dealer and distributor. The tax

imposed shall be computed and payable monthly. Each wholesale dealer or

distributor selling, shipping, or delivering wine and/or malt beverages

to any retail dealer in the city shall, as a condition to the privilege of conducting

said business in the city:

(1) Keep and maintain true and correct records of all sales, shipments or

deliveries of wine and malt beverages to each retail dealer in the city

such records to be preserved for a period of not less than one year and to

be made available on request for the inspection of any duly authorized

representative of the city.

(2) Collect from each retail dealer in the city at time of delivery of wine or malt

beverages, the amount of tax due under the terms of this section and hold

the same in trust for the city until such tax is remitted to the city as herein

provided.

(3) On or before the tenth day of each calendar month, each wholesaler shall

make a verified and comprehensive report to the city which shall

correctly show and reflect all sales and deliveries of alcoholic

beverages to or for retail dealers in the city for the calendar month

immediately preceding the date of said report. Said report shall show the name and

address of each retail dealer, the quantities delivered to each retail

dealer, the amount of excise tax collected under the terms of this section,

and such other reasonable information as may be requested by the city. Said

report shall be accompanied by remittance payable to the city for all taxes

collected or due, as shown on said report.

(4) The excise tax levied in this section is hereby levied upon the retailer

licensed to do business in the city and it is the intent of this section to so

levy this tax but to require the payment of the tax at the time of

delivery to the retailer by the wholesaler, who shall have the responsibility of

remitting the tax to the city on behalf of the retailer on or before the

tenth day of each calendar month, as hereinbefore required. In the event the tax due

hereunder is not paid on or before the tenth day of each calendar

month, a ten percent penalty on the gross tax will be levied by the city

against each defaulting retailing licensee for whom the tax is

not paid on or before the tenth day of the month.

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(5) To ensure payment of the excise tax levied hereby and prior to the issuance

of any retail alcoholic beverage license in the city, an applicant must post

and file with the governing authority of the city, along with his

application, a performance bond conditioned upon the faithful observance and

performance by the applicant of the rules and regulations contained

in this section, and upon the payment of any taxes due to the city. Upon the

violation of this section, or any part thereof, such bond will be forfeited as determined by

the clerk at a hearing held for that purpose upon three days' written notice

given to the licensee concerned. Bond shall be payable to the clerk of the

city and shall be in the amount of $1,000.00 and shall be in a form

acceptable to the clerk of the city.

(d) Noncompliance by wholesale dealer; distributor. If any wholesale dealer or

distributor fails or refuses to make the reports required herein, the city shall

notify such dealer or distributor in writing and if the reports are not made and the

taxes are not remitted within five days from the date of such notice, such wholesale dealer or

distributor shall be prohibited from making any further deliveries in the city and

the retail licensees served by such wholesale dealer or distributor for whom

the taxes have not been paid shall be subject to having the license suspended or revoked as

herein provided.

(e) Unlawful retail sales. It shall be a violation of this article for any person, firm or

corporation to sell at retail within the city malt beverages or wine on which the

taxes herein provided for have not been paid.

(f) Unlawful deliveries. It shall be unlawful and a violation of this article for any

wholesale dealer or distributor, person, firm or corporation to deliver any alcoholic

beverages, malt beverages or wine to any retail dealer in the city without at the time of

such delivery collecting the excise taxes herein provided for.

(g) Violations and penalties. Any person, firm or corporation violating any of the

provisions of this article or who shall assist any retail dealer in wine or malt

beverages in the city to evade or avoid the payment of the taxes herein provided for

shall be guilty of a violation of this section and on conviction thereof in the

municipal court shall be fined or sentenced as provided by this article and any

such person so convicted shall also be subject to having his license suspended or

revoked, if he shall be a licensed dealer in malt beverages and wine at wholesale.

(Code 1988, § 3-119; Ord. of 5-28-1994) State Law References: Local excise tax on wine, O.C.G.A. § 3-6-60 et seq.


(a) License required. All wholesale dealers or distributors shall be licensed by the state

revenue department and shall comply with all laws and regulations of the

state revenue department before they sell or deliver any alcoholic beverages in the city.

(b) Delivery to licensed retailers only. Deliveries and sales shall be made only to

161

retailers licensed under the provisions of this article and all deliveries shall be

made in conveyances owned and operated by such wholesale dealers or

distributors.

(Code 1988, § 3-120; Ord. of 5-28-1994)


Retail dealers in alcoholic beverages licensed under the provisions of this article shall not buy

nor accept deliveries of malt beverages or wine from wholesalers, dealers or distributors, except those

who are licensed by the state revenue department.

(Code 1988, § 3-121; Ord. of 5-28-1994)


All licensed retailers shall store all malt beverages or wine on the premises for which the

license was issued and at no other place. All malt beverages or wine stock shall be available at all

times for inspection by the building inspector of the city, or his duly authorized representatives.

Any malt beverages or wine found in any retailer's stock that is sold or distributed by a wholesaler

who is not licensed in accordance with the laws of the state to make sales and deliveries in the city

shall be subject to immediate confiscation.

(Code 1988, § 3-122; Ord. of 5-28-1994)

(a) Required with every delivery; wholesaler to keep copy and make it available for

inspection. Upon each and every delivery by a licensed wholesaler to a licensed

retailer, an invoice in triplicate shall be prepared showing the quantities and brands

of malt beverages and wine delivered, together with the price thereof and

the excise tax due and collected thereon. The original of such invoice shall be

delivered by the wholesaler to the retailer simultaneously with such delivery.

The wholesaler shall retain the second copy of such invoice and shall keep it for a

period of 36 months after the date of delivery and during such 36-month period, such

invoices shall be made available for inspection by the clerk of the city, or the duly

authorized representative. Upon request of the city, a copy of such invoice shall

be attached to any reports requested or required by the city.

(b) Retailer to keep original and make it available for inspection. Each retail licensee

doing business in the city shall keep and maintain the original invoice of each sale to

him or purchase by him from a wholesaler of any alcoholic beverages for at

least 36 months after the date of such purchase and shall maintain records to

show the sales of malt beverages and wine and any other records required by the city.

The city or its duly authorized representative shall have the right to inspect

the records of each licensee and make a complete audit of the records of each licensee at

any time. Failure of a licensee to maintain proper records showing receipt of malt

beverages and wine, payment therefore, and payment of the taxes due thereon to the

appropriate wholesaler, and records which clearly show the sales, the amount of sales, and

the types of sales of each licensee may, at the discretion of the clerk, after a

162

hearing as herein provided, result in the revocation or suspension of such

license. (Code 1988, § 3-123; Ord. of 5-28-1994)

Sec. 6-338. Revocation or suspension of license.

The violation of any term, condition or provision of this article in any particular, or as to

any detail whatsoever, shall be conclusive cause for the immediate revocation or suspension of

any license described in this article.

(Code 1988, § 3-124; Ord. of 5-28-1994)


In conjunction with any application for license, or in conjunction with any license which has

been issued under the terms hereof, or in conjunction with the revocation, suspension or

cancellation of any license, or in conjunction with the payment or nonpayment of any excise tax

levied or to be collected hereunder, the clerk shall have the right to subpoena all or any part of the

records, books, documents, reports or invoices, of any licensee for the purpose of auditing the

records of such licensee, securing compliance by such licensee with the provisions of this article

proving or disproving violation of any part of this article by any licensee, or to show payment or

nonpayment of any taxes, fees, charges or the like due hereunder.

(Code 1988, § 3-125; Ord. of 5-28-1994)

Sec. 6-340. Penalties and enforcement.

The provisions of this division shall be enforced by the city manager, the city clerk, or their

designee and by the county police department. The county police department is authorized to conduct

random inspections of licensed establishments to assure compliance with the provisions of this

article. Any person violating the provision of this division shall be issued a citation to the

municipal court of the city, and upon conviction shall be punished by fine of not less than $200.00

and not more than $1,000.00, or by imprisonment for a period not to exceed 60 days or by both fine

and imprisonment. Each day that a violation continues shall constitute a separate offense. All

ordinances or part of ordinances in conflict with this division are hereby repealed. Except as

specifically amended herein all other provisions of this ordinance shall continue to remain in full

force and effect.

(Ord. of 5-14-2001(1), § 3-126)


ARTICLE V.

SALE OF SPIRITUOUS LIQUOR FOR ON-PREMISES CONSUMPTION*

* State Law References: Sale of distilled spirits by the drink, O.C.G.A. § 3-4-90 et seq.

DIVISION 1.

GENERALLY

163


This article has been enacted for the purposes, among others, of promoting the health and

general welfare of the community, to establish reasonable and ascertainable standards for the

regulation and control for the licensing and sales of spirituous liquor for consumption on the

premises; to protect and preserve schools and churches; to give effect to existing land use; and to

preserve certain residential areas, with reasonable considerations, among others, to the character of

the areas and their peculiar suitability for particular uses, the congestion in the roads and streets,

and with a general view of promoting desirable living conditions and sustaining the stability of

neighborhoods and property values; and to protect against the evils of concentration of the businesses

serving spirituous liquor in one family and/or in one corporation and to prevent undesirable persons

in engaging in or having any interest in the sale of alcoholic beverages.

(Code 1988, § 3-200; Ord. of 12-11-1995)


The following words, terms and phrases, when used in this article, shall have the meanings

ascribed to them in this section, except where the context clearly indicates a different meaning:

Adequate parking means one parking space for each 200 square feet of customer service area

within the premises of applicant, but not less than five parking spaces. Such off-street parking shall

have vehicular access to streets and shall be constructed of an all-weather surface.

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever

source or by whatever process produced.

Alcoholic beverages means and includes all alcohol, spirituous liquors as defined herein,

beer, malt beverages, wine or fortified wine.

Beer or malt beverage means any alcoholic beverage obtained by the fermentation of any

infusion or decoction of barley, malt, hops, or any other product, or any combination of such

products in water containing not more than six percent alcohol by volume, and including ale,

porter, brown, stout, larger beer, small beer, and strong beer. The term "malt beverage" does not

include sake, known as Japanese rice wine.

Business area means any area which is correspondingly zoned in accordance with the

city's zoning ordinance.

Church means a permanent building where persons regularly assemble for religious

worship.

Clerk means the person holding the official title of Clerk for the City of Sugar Hill,

Georgia.

164

College means only such state, county, city, church, or other colleges as teach the subjects

commonly taught in the common colleges of the state and shall not include private colleges where


vocational occupations and other special subjects are taught.

Distance means from the wall of the structure where alcohol is sold to the closest property

line of the nearest church, school, daycare facility or college. (Should said business that sells

alcohol be part of a larger building, the measurement shall be from the wall of the business

where alcohol is sold, as if it were the only business in the building). Distance shall be measured

in a straight line along the most direct and shortest possible route regardless any obstacles that

may be present.

Event facility means any public place kept, used, maintained, advertised and held out to the

public as a place where special events including, but not limited to, weddings, wedding receptions,

private parties and similar events are held and which provides meals or food services in connection

with such events. Any such facility shall be equipped with an adequate and sanitary kitchen and

dining facilities and shall have a seating capacity of at least fifty (50) people. The event facility

shall be capable of preparing, cooking and serving meals and other food products associated with

its special events on site. Any such establishment shall derive at least seventy-five (75) percent of

its total annual gross sales from rental for special events and the service of meal and food products

in connection with such special events. The revenues received from alcohol sales shall never

exceed twenty-five (25) percent of the total annual gross sales for any such facility. Any such

facility open to the public for the service of at least one (1) meal per day for three (3) or more days

per week shall be considered a restaurant and not an event facility.

Amend. April, 2011.

Family means and includes any person related to the holder of a license issued under the

provisions of this article within the first degree of consanguinity or affinity as determined

according to the law of the state.

Fortified wine means any alcoholic beverage containing more than 21 percent alcohol by

volume made from fruits, berries, or grapes, either by natural fermentation or by natural

fermentation with brandy added. Fortified wine includes, but is not limited to, brandy.

Hotel means a building or structure kept, used, maintained, advertised or held out to the

public to be a place where sleeping accommodations are offered for adequate pay to travelers and

guests whether transient, permanent or residential, in which 50 or more rooms are used for the

sleeping accommodations of such guests. Motels meeting the qualifications set out herein for

hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting

franchises for the operation of a lounge restaurant in their privileges, and the holder of such

franchise shall be included in the definition of hotel thereunder.

License means the authorization by the appropriate government officials of the city to

engage in the sale of spirituous liquor.

Licensee shall mean a person or persons, real or artificial, holding any class of license

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issued under the terms of this article.

Liter means metric measurement currently used by the United States.

Lounge shall mean a separate room connected with a part of and adjacent to a restaurant

or located in hotels as defined herein with all booths, stools and tables being unobstructed and

open to view. All lounges shall be air conditioned and have a capacity of at least 50 persons.

Manufacturer means any maker, producer, or bottler of an alcoholic beverage. Manufacturer

also means:

(1) In the case of distilled spirits, any person engaged in distilling, rectifying, or

blending any distilled spirits.

(2) In the case of malt beverage, any brewer. Package means a bottle, can, keg, barrel,

or other original consumer container.

Person means any individual, firm, partnership, cooperative, nonprofit membership

corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust,

business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or

political subdivision, whether public, private, or quasi-public.

Premises means the definite closed or apportioned- in locality whether a room, shop or

building, wherein alcoholic beverages are sold.

Private residence means a house or dwelling where not less than one or more than three

families customarily reside and shall not include an apartment house having facilities for housing

four or more families and any residence which has been unoccupied for a period of six consecutive

months immediately prior to the filing of any application hereunder.

Restaurant means any public place kept, used, maintained, advertised and held out to the

public as a place where meals are served and where meals are actually and regularly served,

without sleeping accommodations, such place being provided with adequate and sanitary kitchen

and dining room equipment and seating capacity of at least 50 people, having employed therein a

sufficient number and kind of employees to prepare, cook and serve suitable food for its guests. At

least one meal per day shall be served at least six days a week, with the exception of holidays,

vacations, and periods of redecorating, and the serving of such meals shall be the principal business

conducted, with the serving of alcoholic beverages to be consumed on the premises as only

incident thereto. The business shall derive at least 50 percent of its total annual gross sales from

the sale of prepared food or meals.

Retail sales means selling or offering for sale alcoholic beverages to any member of the

public.

School means only such state, county, city, church or other schools as teach the subjects

commonly taught in the common schools of this state and shall not include private schools where


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vocational occupations and other subjects are taught.

Spirituous liquors or distilled liquors means any alcoholic beverages containing alcoholic

obtained by distillation, mixed with water or other substance in solution, and includes brandy, rum,

whiskey, gin, cordials, or other spirituous liquors by whatever name called to include fortified

wines, as defined by the Federal Alcoholic Administration.

Wholesaler means any person, firm or corporation engaged in distribution or selling to

retailers for the purpose of resale, any alcoholic beverages as defined herein.

Wine shall mean any alcoholic beverages containing not more than 21 percent alcohol by

volume made from fruits, berries or grapes either by natural fermentation or by natural fermentation

with brandy added. The term includes, but is not limited to, all sparkling wines, champagnes,

combinations of such beverages, vermouths, special natural wines, rectified wines, and like

products. The term does not include cooking wine mixed with salt or other ingredients so as to

render it unfit for human consumption as a beverage. (Code 1988, § 3-202; Ord. of 12-11-1995)

Sec. 6-363. Sale within the incorporated areas of the city; license a privilege.

(a) Spirituous liquor for consumption on the premises may be sold within the

incorporated areas of the city under a license granted by the appropriate government officials as

governed by the terms and conditions hereafter provided.

(b) All licenses herein shall be a mere grant of privilege to carry on the business during

the term of the license subject to all terms and conditions imposed by the ordinances of the city and

state law.

(c) All licenses hereunder shall have printed on the front these words:

"THIS LICENSE IS A MERE PRIVILEGE SUBJECT TO BEING REVOKED AND ANNULLED,

AND IS SUBJECT TO ANY FUTURE ORDINANCES WHICH MAY BE ENACTED" (Code

1988, § 3-201; Ord. of 12-11-1995)


It shall be unlawful for any person to sell or offer for sale at wholesale or retail any

alcoholic beverages for consumption on the premises within the city without having first complied

with the provisions of this article. (Code 1988, § 3-204; Ord. of 12-11-1995)

Sec. 6-365. Sale at public golf course.

The city or any other entity designated by the city to provide food service at the City

of Sugar Hill Public Golf Course shall be authorized to obtain a license under the provisions of

this article for the sale of spirituous liquor by the drink, either in association with the provision

of food service or in connection with private parties which may be conducted in or around the

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clubhouse facilities.

(Code 1988, § 3-246; Ord. of 12-11-1995)


DIVISION 2.

LICENSE


Separate applications must be made for each location and separate licenses must be

issued except as hereinafter set forth.

(Code 1988, § 3-205; Ord. of 12-11-1995)

Sec. 6-387. Authorities of city to prescribe appropriate form.

All persons, firms or corporations desiring to sell spirituous liquor for consumption on the

premises within the city shall make application on the forms prescribed by the appropriate authorities

of the city and must follow the procedures applicable to that particular license, hereinafter set forth.

(Code 1988, § 3-206; Ord. of 12-11-1995)

Sec. 6-388. Application for license permitting the sale of alcoholic spirituous liquor for

consumption on the premises.

(a) No spirituous liquor shall be sold for consumption on the premises except

under a license granted by the clerk, as provided herein.

(b) Only the following shall be authorized or licensed under this article:

spirituous liquor for consumption on the premises.

(Code 1988, § 3-207; Ord. of 12-11-1995)


(a) Required; form. All persons desiring to engage in the sale of spirituous liquor for

consumption on the premises shall make written application to the clerk for such privilege upon

forms to be prepared and provided by the clerk. Such application shall state and/or contain the

name and address of the applicant; a plat of the place where the proposed business is to be located;

the nature and character of the business to be carried on; if a partnership, the names of all partners,

whether general or limited; if a corporation, the name of the top three officers and all stockholders

holding more than ten percent of the common stock; the names of all individuals other than

stockholders and partners who will have an economic interest in the license if issued; and such

other appropriate information as may be required by this article or by the clerk, and shall be sworn

to by the applicant before filing.

(b) Contents.

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(1) Plans of building. No license hereunder shall be issued to any person unless

the building in which the business will be located is complete and detailed plans of said

building and outside premises are attached to the application or unless proposed plans and

specifications and a building permit of a proposed building to be built are attached to the

application. Each applicant for a license shall attach to the application evidence of

ownership of the building or proposed building or a copy of the lease if the applicant is

leasing the building. If the proposed applicant is a franchise, such applicant shall attach a

copy of the franchise agreement or contract with the application. The completed building or

the proposed building shall comply with the ordinances of the city; regulations of the state

revenue commissioner; the laws of the state; and all other pertinent laws. The proposed

building shall also be subject to final inspection and approval when finished by the building

inspector. Each building in which the business is to be located shall contain sufficient

lighting so that the building itself and the premises on all sides of the building are readily

visible at all times from the front of the street on which the building is located so as to

reveal all of the outside premises of such building. All premises for which a license shall be

issued shall afford therein adequate sanitary toilet facilities and shall be adequately

illuminated so that all hallways, passageways and open areas may be clearly seen by the

customers therein.

(2) Survey. Each applicant shall, upon request by the clerk, submit a survey

by a registered land surveyor showing compliance with all distance requirements

contained herein.

(3) State application with required attachments. In addition to the completion

and submission of the application form as required by this article, such applicant shall

attach thereto a completed application form with all attachments and requirements for a

state license.

(c) Processing fee. Upon filing of the application with the clerk, the applicant shall

deposit in cash or by certified check a processing fee of $250.00 to cover the expense of

investigation and processing the application which fee shall not be refundable.

(d) License fee. Upon approval, in accordance with the terms of this article of an

application for license, the license fee shall be paid by certified check to the clerk prior to the

issuance of a license within ten days after approval. The amount of the license fee is listed in

section 6-403.

(e) Refund upon denial. In the event the applicant is denied a license by the state, the

license fee shall be refunded.

(Code 1988, § 3-208; Ord. of 12-11-1995)


(a) All applicants for licenses permitting the sale of spirituous liquor for

consumption on the premises shall file with the clerk, along with each application, a bond:

(1) Conditioned to pay all sums which may become due by the applicant to the

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city as taxes, license fees or other changes imposed by this article for the sale of spirituous

liquor; and

(2) Conditioned to pay all penalties which may be imposed upon the applicant

for failure to comply with the laws, ordinances and rules and regulations pertaining to

alcoholic beverages.

(b) The surety for the bond shall be a surety company licensed to do business in this

state and the bond shall be in such form as is acceptable to the clerk.

(c) The bond shall be in the amount

of $5,000.00. (Code 1988, § 3-209; Ord. of 12-1-

1995)


All applications in which a license permitting the sale of spirituous liquor for

consumption on the premises shall be investigated by the county police department and a report of

said investigation presented to the clerk for consideration with the application.

(Code 1988, § 3-210; Ord. of 12-11-1995)


The clerk shall cause an inquiry to be made into the tax records to determine if any

applicant or other parties interested in an application have any outstanding taxes or special

assessments that are delinquent or any other monies owing to the city. No license shall be issued nor

shall a license be renewed until all such debts are paid in full.

(Code 1988, § 3-211; Ord. of 12-11-1995)


No license hereunder permitting the sale of spirituous liquor for consumption on the

premises shall be issued to any person who shall have been convicted or shall have entered a plea of

guilty or shall have taken a plea of nolo contendere within a period of ten years immediately prior to

the filing of such application for any felony, misdemeanor of any state or of the United States, or

any municipal ordinances except simple traffic

violations. The term conviction shall include an adjudication of guilt, a plea of guilty, or a

plea of nolo contendere or the forfeiture of a bond by a person charged with a crime.

(Code 1988, § 3-212; Ord. of 12-11-1995)


No application for a license permitting the sale of spirituous liquor for consumption on the

be granted when the application or investigation by the clerk shows any of the following to exist:

170

(1) That the applicant is of bad moral character or does not have sufficient

mental capacity to conduct the business for which application is made or who

has been dishonorably discharged from the armed services of

the United States, or fails to demonstrate financial ability;

(2) That the applicant has had any license issued by the city or by any other city

in the state, or by any other licensing authority in the state relating to the

manufacture, distribution or sale of alcoholic or malt beverages or wine

previously revoked within the past ten years;

(3) That the applicant is related to any distributor or wholesaler of alcoholic

beverages or employees thereof within the first degree of consanguinity or

affinity as computer according to the laws of the state;

(4) That applicant does not have adequate financial participation in the proposed

business to direct and manage its affairs or that the applicant appears to

be a mere surrogate for a person or persons who would not otherwise

qualify for a license for any reason whatsoever;

(5) That the applicant is the city clerk or a member of the city’s alcoholic

beverage review board or a spouse or minor child of one of the

aforesaid persons;

(6) That the applicant is not of legal age and/or not a citizen of the United States

or an alien lawfully permitted for permanent residence;

(7) That operators, managers or clerks or other employees of applicant are of

bad moral character;

(a) Premises shall:

(1) That corporate or firm applicants are of bad business reputation;

(2) The clerk, is his discretion may consider any extenuating circumstances that

may reflect favorably or unfavorably on the applicant, application or the

proposed location of the business. If, in his judgment, circumstances

are such that granting the license would not be in the best interest of the

general public, such circumstances may be grounds for denying the

application;

(3) The clerk may decline to issue a license when any person having any interest

in the operation of such place of business or control over such place of

business does not meet the same character requirements as herein set

forth for the business.

(b) All decisions of the clerk either approving or denying license application shall

be stated in writing and a copy of such statement shall be provided to the applicant either

171

personally or by certified mail.

(c) Whenever the clerk shall deny an application for a license, the applicant shall be

notified of the right to a hearing under this article upon timely application.

(Code 1988, § 3-213; Ord. of 12-11-1995)


Any change in any of the relationships and/or ownership interest contained on the

application must be filed with the clerk within 30 days after such change is made and the failure

to do so shall be grounds for immediate cancellation and revocation by the clerk of a license or

for the immediate dismissal of any application for a license.

(Code 1988, § 3-214; Ord. of 12-11-1995)

Sec. 6-396. City clerk, members of alcoholic beverage review board prohibited from interest

in license.

It shall be unlawful for the city clerk or any member of the city's alcoholic beverage review

board or a spouse or minor child of said person to have any whole, partial or beneficial interest in

any license hereunder. (Code 1988, § 3-215; Ord. of 12-11-1995)


All licensees holding licenses permitting the sale of spirituous liquor for consumption on

the premises will be required to renew their licenses annually on forms prescribed by the clerk.

(Code 1988, § 3-216; Ord. of 12-11-1995)

Sec. 6-398. Suspension or revocation; notice hearing; refund.

(a) Any license permitting the sale of alcoholic beverages which has been issued or

which may hereafter be issued by the city to any licensee may be suspended or

revoked for due cause as hereinafter defined, and after a hearing held for the

purpose of considering any such suspension or revocation.

(b) The mayor of the city is hereby authorized to suspend any license issued hereunder

for any emergency situation such as civil disorders or natural disasters or in

any situation that the mayor deems such immediate suspension necessary for the

protection of the health and welfare of the citizens of the city, and such

suspension may be made effective immediately and shall remain in force

until the mayor determines that the emergency is over or until the next regular meeting of

the mayor and council or a meeting called prior to the next regular meeting.

(c) Where a license, identified in section 6-398(a), is suspended or revoked, the city

shall not be required to refund any portion of the license fee to the holder of such

suspended or revoked license.

(Code 1988, § 3-231; Ord. of 12-11-1995)

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Sec. 6-399. Suspension of license; causes.

(a) Any license permitting the sale of alcoholic beverages which has been issued or

which may hereafter be issued by the city to any licensee may be revoked for due

cause as hereinafter defined after a hearing held for the purpose of considering

such revocation. Any license permitting the sale of alcoholic beverages

which has been issued or which may hereafter be issued by the city to any

licensee may be suspended for due cause as hereinafter defined

beginning 30 days after notification without a hearing unless the licensee appeals such

suspension as provided for in this article within 15 days after such notification.

(b) The violation of any term, condition or provision of this article in any particular, or

as to any detail whatsoever by the licensee, shall be cause for the suspension

or revocation of any license as provided for in this article.

(c) Whenever the state shall revoke any permit or license to manufacture or sell, at

wholesale or retail, any alcoholic beverages, or suspend or revoke a state retail

consumption dealer's license, said action shall automatically serve to suspend the

applicable city license issued under the terms of this article pending a revocation

hearing as provided for in this article. Whenever the judicial system for the

state or the city shall convict or accept a plea of guilty or nolo contendere for the

sale of alcoholic beverages to an underage person, the license issued by the city to the

offending licensee shall thereupon be automatically suspended pending a

revocation hearing as provided for in this article.

(d) Any material omission from or untrue or misleading information which is contained

in an original, renewal or transfer application for a license permitting the

consumption of alcohol on the premises hereunder shall be cause for the denial or

refusal of a license, and if any license has previously been granted under such

circumstances, the same shall constitute due cause for revocation of such

license. Any failure to notify of the change in any relationship as specified in

section 6-395 within 30 days within such change is made shall likewise constitute due cause

for cancellation, revocation or suspension of a license issued hereunder. Further,

failure to pay all fees, taxes or other charges imposed under the provisions of

this article shall constitute due cause for cancellation, revocation or suspension of a license

issued hereunder.

(e) Any licensed establishment that is found to be in violation of sections 6-428 or

6-429 of this article shall be subject to immediate license suspension pending a

revocation hearing as provided for in this article, in addition to all other

penalties provided for in this article.

(f) The clerk shall call a hearing as provided for in this article to revoke the license of

any licensee whose license has been suspended three or more times in any consecutive

12-month period.

(g) The clerk shall call a hearing as provided for in this article to revoke the license for

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any premises where alcoholic beverages have been sold or distributed during a period of

suspension.

(h) The clerk may suspend or revoke the license of any establishment which does not

meet the licensing qualifications set forth in this article any time such

knowledge becomes known to him or her as provided for in this article.

(i) An act or omission of a licensee, holding a license permitting the sale of alcoholic

beverages for consumption on the premises, who is owner of more than a ten-percent interest in

the licensed establishment willingly or knowingly performed, which constitutes a violation of

federal or state law or any provision of this article will subject the licensee to suspension or

revocation of its license in accordance with the provisions of this article when the clerk

determines to his own satisfaction that the act or omission did occur, regardless of whether

any criminal prosecution or conviction ensues. In the case of an employee, the clerk must

determine that the acts of the employee were known to or under reasonable circumstances should

have been known to the licensee, were condoned by the licensee, or the licensee had not

established practices or procedures to prevent the violation from occurring.

(Code 1988, § 3-232; Ord. of 12-11-1995)

Sec. 6-400. Application; data; information.

The city clerk shall have authority to prescribe forms for new or renewal applications which

are required under this article. All applicants shall furnish all data requested of them by the clerk

and failure to furnish such data, information and records within 30 days from the date of such

request shall automatically serve to dismiss, with prejudice, the application. The applicants, by filing

an application for a license permitted under this article, agree to produce, for oral interrogation, any

person or persons requested by the clerk or the county police department, considered as being

important in the ascertainment of the facts relative to such application and/or license to be issued

under this article. The failure to produce such person or persons within 30 days after being

requested to do so shall result in the automatic dismissal of any application pending under this

article. (Code 1988, § 3-244; Ord. of 12-11-1995)


No license permitting the retail sale of spirituous liquor for consumption on the premises

shall be granted to any applicant hereunder unless the proposed premises for the sale of spirituous

liquor for consumption on the premises is a restaurant, event facility, hotel, or lounge, and is

located in the appropriate zoning district permitting such use as provided by the zoning ordinances

of the city as now or hereafter amended. Such sales shall be permitted in the following zoning

districts: BG, HSB.

(Code 1988, § 3-245; Ord. of 12-11-1995); Amend. April, 2011.


174

(a) No license permitting the sale of spirituous liquor for consumption on the premises

shall be granted to any applicant who is not a citizen of the United States or

an alien lawfully admitted for permanent residence. Where the applicant is a

corporation or other business entity other than an individual, the stock holders

or joint venturers or principals behind such business must meet the requirements

of this section and, in the event any license provided for hereunder shall be

issued, such license shall be issued in the name of the corporation and the principal

stockholder or principal behind such business entity. If the applicant is a

partnership, the requirements of this section shall apply to all partners.

(b) All establishments licensed to sell spirituous liquor for consumption on the

premises must have and continuously maintain in the city or the county a

registered agent upon whom any process, notice or demand required or

permitted by law under this article to be served upon the licensee or owner, may

be served. This person must be a resident of the city or the county. The licensee

shall file the name of each such agent along with the written consent of such agent with

the clerk at the time of application.

(Code 1988, § 3-247; Ord. of 12-11-1995)

Sec. 6-403. Annual fees for sale of spirituous liquor for consumption on the premises.

The licenses listed below are the only licenses authorized to be issued by this chapter and

each such license is a separate and distinct license and shall require the payment of separate license

fees as provided for in this chapter. The types of licenses, the restrictions on the issuance of each,

and the fees for such licenses are as follows:

(1) Each licensee holding a license for the sale of spirituous liquor for consumption on

the premises shall pay an annual fee of $2,500.00. This fee may be amended

annually.

(2) All annual license fees herein shall be paid in advance, on or before January 1 of

each year and any new license granted hereunder during a calendar year shall pay

the full license fee without pro-ration; provided, however, that if a license is granted

after July 1, the license fee shall be one - half of the annual license for such calendar

year.

(3) Any person licensed hereunder shall be required to renew his license on or before

January 1 of each year. In addition to any other penalties that may be authorized

otherwise, a penalty of ten percent of the license fee shall be imposed for failure to

renew the license on or before January 1 of each year.

(Code 1988, § 3-257; Ord. of 12-11-1995)


DIVISION 3.

175

OPERATIONAL REQUIREMENTS AND RESTRICTIONS


There shall be no gambling, betting, games of chance, punch-boards, slot machines or the

operation of any scheme for hazarding money or any other thing of value in any place of business

licensed to sell alcoholic beverages for consumption on the premises or in any room adjoining the

same, owned, leased or controlled by a licensee. No licensee holding a license permitting the sale of

alcoholic beverages for consumption on the premises shall allow or permit any video game to be

placed on the bar in such establishment where alcoholic beverages are sold or delivered to

customers. Any violation of this section shall be cause for suspension or revocation of a license.

Nothing in this section shall be construed to prohibit the conducting of lottery activities on the

premises provided such activities have been properly approved by the state.

(Code 1988, § 3-217; Ord. of 12-11-1995)


No retail consumption dealer licensed to sell alcoholic beverages hereunder shall require,

permit, suffer, encourage or indulge any employee or person to solicit in the licensed premises for

himself or for any person other than the patron and guest of the patron, the purchase by the patron

of any drink, whether alcoholic or nonalcoholic, or money with which to purchase the same; nor

shall any licensee pay any commission or any other compensation to any person frequenting his

establishment or to his agents or manager to solicit for himself or for others, the purchase by the

patron of any drink, whether alcoholic or nonalcoholic. (Code 1988, § 3-218; Ord. of 12-11-1995)

Sec. 6-428. Types of entertainment, attire and conduct prohibited.

(a) It shall be unlawful for any person maintaining, owning or operating a commercial

establishment located within the boundaries of the city at which spirituous liquor is offered

for sale for consumption on the premises:

(1) To suffer or permit any female person 21 years of age or older, while on the

premises of said commercial establishment, to expose to the public view

that area of the human female breast at or below the top of the areola thereof.

(2) To suffer or permit any female person 21 years of age or older, while on the

premises of said commercial establishment, to employ any device or

covering which is intended to give the appearance of or simulate such

portions of human female breasts as described in section 6-428(a)(1).

(3) To suffer or permit any person 21 years of age or older, while in the

premises of said commercial establishment, to expose to public view

his or her genitals, pubic area, anus or anal cleft.


premises of said commercial establishment, to employ any device or

176

covering which is intended to give the appearance of or simulate the genitals,

public area, anus, or anal cleft.


premises of said commercial establishment, to:

a. Act or perform acts which simulate sexual intercourse, masturbation,

sodomy, bestiality, oral copulation, flagellation;

b. Touch, caress, or fondle the breasts, anus or genitals; or

c. Display pubic hair, the anus or vulva.

(b) It shall be unlawful for any female person 21 years of age or older, while on the

premises of a commercial establishment located within the boundaries of the city,

at which spirituous liquor is served or offered for sale for consumption on the

premises, to expose to public view that area of the human female breasts at or

below the top of the areola thereof, or to employ any device or covering which

is intended to give the appearance or simulate such areas of the female breasts as described

herein.

(c) It shall be unlawful for any person 21 years of age or older, while on the premises

of a commercial establishment located within the boundaries of the city,

at which spirituous liquor is offered for sale for consumption on the premises, to

expose to public view his genitals, pubic area, anus, or anal cleft, or to employ

any device or covering which is intended to give the appearance of or

simulate the genitals, pubic area, anus or anal cleft.

(d) It shall be unlawful for any person maintaining, owning or operating a commercial

establishment located within the boundaries of the city, at which spirituous liquor is offered

for sale for consumption on the premises, to hold, promote or allow any

contest, promotion, special night or any other activity where patrons of the

licensed establishment are encouraged or allowed to engage in any of the

above prohibited conduct.

(e) Nothing in this article adopted by the mayor and council of the city, shall be

construed to apply to the presentation, showing, or performance of any play, drama, ballet,

or motion picture in any theater, concert hall, museum of fine arts, school,

institution or higher education, or other similar establishment as a form of an

expression of opinion or communication of ideas or information, as differentiated

from the promotion or exploitation of nudity for the purpose of advancing the

economic welfare of a commercial or business enterprise. This article specifically applies to

establishments licensed by the city, to sell or offer for sale spirituous liquor

for consumption on the premises and is intended solely to regulate the conduct of

individuals physically present in such establishments.

(Code 1988, § 3-219; Ord. of 12-11-1995)

177


(a) No licensee or employee or agent of a licensee, in connection with the sale or other

disposition of alcoholic beverages for consumption on the premises shall:

(1) Offer or deliver any free alcoholic beverage to any person or group of

persons;

(2) Deliver more than one alcoholic beverage to one person at one time;

(3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic

beverages at a price less than the price regularly charged for such beverage during

the same calendar week, except at private functions not opened to the

public;

(4) Sell, offer to sell, or deliver to any person or persons an unlimited number of

alcoholic beverages during any set period of time for a fixed price,

except at private functions not opened to the public;

(5) Sell, offer to sell or deliver beverages to any person or group of persons on

any one day at prices less than those charged the general public on that day,

except at private functions not opened to the public;

(6) Sell, offer to sell, or deliver any alcoholic beverages, including malt

beverages, by the pitcher, except to two or more persons at any one

time;

(7) Increase the volume of alcohol contained in a drink without increasing

proportionately the price regularly charged for such alcoholic beverage during the

same calendar week;

(8) Encourage or permit on the licensed premises any game or contest which

involves the drinking of alcoholic beverages or the awarding of alcoholic

beverages as a prize.

(b) Each licensee shall maintain a schedule of the prices charged for all alcoholic

beverages to be served and consumed on the licensed premises or in a room

or part thereof. The licensee shall not vary the schedule of prices from day to

day or from hour to hour within a single day. The schedule of prices shall be

posted in a conspicuous manner so as to be in view of the paying public and said

schedule shall be effective for not less than one calendar week.

(c) No licensee shall advertise or promote in any way, whether within or without

the licensed premises, any of the practices prohibited under section 6-429(a).

(Code 1988, § 3-220; Ord. of 12-11-1995)

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Sec. 6-430. Bring your own bottle ("brown bagging") prohibited.

(a) It shall be unlawful for any person to bring his own alcoholic beverage (brown

bag) into any establishment which is licensed under any of the business license or occupation

tax provisions of the city, whether or not such establishment is licensed or

unlicensed to serve alcoholic beverages.

(b) It shall be unlawful for any corporation, partnership, individual or other entity who

maintains a business which is lawfully licensed by the city, to permit, allow or

suffer the consumption or possession of any alcoholic beverages within any

premises licensed for business under the laws and ordinances of the city. This

subsection shall not apply to nor shall it affect the lawful sale of alcoholic

beverages for consumption by licensees operating under a valid license issued under the

terms of this article or other ordinances providing for consumption of alcoholic beverages

on the premises.

(Code 1988, § 3-221; Ord. of 12-11-1995)

Sec. 6-431. Sale or delivery to unlicensed premises.

It shall be unlawful for any licensee hereunder to make deliveries of any alcoholic

beverages by the package on the premises or beyond the boundaries of the premises covered by

the license. (Code 1988, § 3-222; Ord. of 12-11-1995)

Sec. 6-432. Purchase restricted; requirements of wholesalers generally; minimum legal

container; sales off-premises prohibited.

(a) No licensed retail consumption dealer shall buy or arrange to buy or in any way

affect the transfer of any alcoholic beverages except from a wholesaler licensed

by the state revenue department and the city. All wholesale dealers or distributors

shall comply with all laws and regulations of the state revenue department

before they sell or deliver any alcoholic beverages in the city. Deliveries and

sales shall be made only to retailers licensed under the provisions of this article

and all deliveries shall be made in conveyances owned and operated by such wholesale

dealers or distributors.

(b) No retail consumption dealer may purchase spirituous liquors in containers

smaller than 750 milliliters. The sale of alcoholic beverages by the licensee hereunder

in unbroken packages or in any quantity for other than consumption on the premises is

expressly prohibited.

(Code 1988, § 3-223; Ord. of 12-11-1995)


No retail consumption dealer licensed hereunder shall keep any alcoholic beverages at any

place except the licensed place of business. No retail consumption dealer shall be permitted to enter

any type of arrangement whereby alcoholic beverages ordered by licensee are stored by licensed

wholesaler. The business premises of a licensed retail consumption dealer hereunder shall be open

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to inspection at any and all times by officers or officials representing the governing authority

authorized to inspect such premises. Any alcoholic beverage found in any retailer's stock that is

sold or distributed by a wholesaler who is not licensed in accordance with the laws of the state to

make sales and deliveries in the city shall be subject to immediate confiscation. (Code 1988, § 3-

224; Ord. of 12-11-1995)


It shall be unlawful for licensees holding a license permitting the sale of alcoholic

beverages for consumption on the premises or their agents to add to the contents of a bottle or to

refill empty bottles or in any manner misrepresent the quantity, quality or brand names of any

alcoholic beverage.

(Code 1988, § 3-225; Ord. of 12-11-1995)


The licenses provided for herein shall at all times be kept plainly exposed to view of the

public at the place of business of the licensee.

(Code 1988, § 3-226; Ord. of 12-11-1995)

Sec. 6-436. Licensees to maintain a copy of this article; employees to be familiar with its

terms; responsibility of licensee for violations.

Each retail consumption dealer hereunder shall keep a copy of this article in the licensed

premises and shall instruct any person working therein with respect to the terms hereof and each

licensee, the licensee's agents and employees selling alcoholic beverages shall at all times be

familiar with the terms hereof. The licensee shall be responsible for any acts of agents or

employees which are in violation of this article or of the laws of the state or of the rules and

regulations of the state revenue commissioner, except as hereinafter provided.

(Code 1988, § 3-227; Ord. of 12-11-1995)


No outdoor advertising or signs with respect to the sale of alcoholic beverages, or the

prices of such beverages, shall be permitted on the exterior of any retail outlet, or on the windows

or elsewhere in the outlet that may be viewed from the outside.

(Code 1988, § 3-229; Ord. of 12-11-1995)


No retail consumption dealer shall sell or deliver any alcoholic beverages to any person

except in said licensee's place of business.

(Code 1988, § 3-230; Ord. of 12-11-1995)


When any license or permit authorizing the sale of spirituous liquor for consumption on the

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premises is revoked, it shall be unlawful for the appropriate governing officials to accept and/or

consider any application from the same applicant for license within 12 months from the time of

such revocation.

(Code 1988, § 3-236; Ord. of 12-11-1995)

Sec. 6-440. Time limit for commencement of business in licensee's establishment; forfeiture

for nonuse.

(a) All holders of licenses for the sale of spirituous liquor for consumption on the

premises must, within 12 months after the issuance of said license, open for

business, the establishment referred to in the license. Failure to open the licensed

establishment within 12 months after the issuance of such license shall serve as cause

for the forfeiture of such license and no refund of license fees shall be made to

the license holder.

(b) Failure to operate the business authorized by the license referred to in subsection (a)

of this section for a period of six consecutive months after the licensee has begun

operation under a license shall serve as cause for the forfeiture of such license

and no refund of license fees shall be made to the license holder.

(Code 1988, § 3-237; Ord. of 12-11-1995)


Where a building in which an applicant proposes to operate under a license permitting the

sale of spirituous liquor for the consumption on the premises is at the time of the application for

such license not in existence, or not yet completed, a license may be issued for such location

providing the plans and specifications for the proposed building are filed with the clerk and show

clearly a compliance with the other provisions of this article and applicable ordinances of the city.

No sales shall be allowed in such establishment until it has been completed in accordance with said

plans and specifications and is in conformity with all other provisions of this article and applicable

ordinances of the city and an occupancy permit has been issued. (Code 1988, § 3-238; Ord. of 12-

11-1995)


When any license for the sale of alcoholic beverages is revoked, all signs indicating that

such beverages may be sold or purchased, shall be immediately removed from the place of

business.

(Code 1988, § 3-239; Ord. of 12-11-1995)


(a) Licenses for the sale of spirituous liquor for consumption on the

premises shall not be transferrable except as otherwise provided in this section.

(b) In case of the death of any person owning a license issued under this article, or any

interest therein, the same may, with the approval of the clerk and subject to

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the terms of this article, be transferred to the administrator, executor or personal

representative of the deceased person, or to the heirs at law of the deceased person, if such

heirs meet all of the other qualifications contained herein. The license of such deceased

person shall be held by the administrator, executor or personal representative

of such deceased person only for the time necessary to complete execution

of his estate and dispose of the license or his interest therein, but in no event to exceed

six months.

(c) Nothing in this section, however, shall prohibit one or more of the partners in a

partnership holding a license to withdraw from the partnership and to assign his

interest in such partnership to one or more of the partners who were partners at the

time of the issuance of the license. Such withdrawal shall not, however, serve as

to bring any new ownership into the partnership, unless all provisions of this

article are fully complied with by the new partner.

(d) Should a transfer of the location be approved, there shall be no pro rata return of

any license fee and the new location shall meet all requirements of a new

license to be issued hereunder, except payment of license and investigation

fees.

(e) A licensee may take in partners or additional stockholders where it is determined

that additional capital furnished is to be used exclusively for additional inventory or

expanding the facilities of the business or for building new facilities and where it

appears that the licensee himself will directly receive none of the additional

capital investment. Under this section an additional partner or new stockholder must be

approved in accordance with this article. This section only applies to corporations

when the new stockholder obtains ten percent or more of the common stock.

(Code 1988, § 3-240; Ord. of 12-11-1995)


An application filed under this section shall meet and qualify under all requirements of this

article for granting of a new license.

(Code 1988, § 3-241; Ord. of 12-11-1995)

Sec. 6-445. Employees of licensees to be fingerprinted; procedure.

(a) All persons employed to work on the premises in connection with the sale of

spirituous liquor for consumption on the premises must be fingerprinted by the county police

department and issued a letter of clearance by the county police department indicating the

person employed is eligible for employment.

(b) All persons subject to the provisions of this section shall, within three days after the

date of their first work in an establishment holding a license to sell alcoholic beverages, report

to the county police department for purposes of being fingerprinted.

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(c) The county police department shall make a complete and exhaustive search relative

to the record of any person so fingerprinted. In the event there is a record of a

violation, as defined in section 6-447, the city marshal or city clerk shall issue

a letter to the person fingerprinted stating that the person is not eligible for

employment. The city marshal or city clerk shall likewise notify the employer

that such person is not eligible for continued employment.

(d) Any letter of eligibility for employment issued hereunder shall expire 12 months

from the date of issuance unless earlier canceled. The city may prescribe regulations

for certifying the eligibility for continued employment without the necessity of an

employee being again fingerprinted. The county police department may

prescribe reasonable fees for certifying the eligibility for employees

which fee shall be paid by the employer or the employee at the time request for

eligibility certification is made.

(e) It shall be the duty of all the persons holding a license under the terms of this

article to file with the city clerk the names of all employees working on the

premises and connected with the sale or other disposition of alcoholic

beverages with their Social Security number, date of birth, home addresses and

home telephone numbers and places of employment. Changes in the list of

employees, with the names of new employees, must be filed with the city clerk within

three days from the date of any such change.

(f) The licensee is responsible for the conduct and action of his employees while in his

employment. (Code 1988, § 3-242; Ord. of 12-11-1995)


The following regulations shall apply to all establishments holding a license for the sale

of spirituous liquor for consumption on the premises:

(1) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic

beverages, or in any managerial position by an establishment holding a license for the

sale of spirituous liquor for consumption on the premises until such person as been

fingerprinted and a background check on said person has been performed by the

county police department and the county police department has provided the city

clerk with a letter indicating that the person is eligible to hold a pouring permit.

(2) This section shall not be construed to include employees whose duties are limited

solely to those of busboy, cook, or dishwasher, if those employees are never

allowed to dispense, sell, serve, take orders, mix alcoholic beverages or in any way

be associated with the sale or serving of alcoholic beverages.

(3) No pouring permit shall be issued until such time as a signed application has been

filed with the city clerk and/or county police department and the appropriate fee

which as established by the city and/or the county police department has been

paid. A search of the criminal record of the person completing the application shall

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be conducted by the county police department. The application shall include, but

shall not be limited to, the name, date of birth and prior arrest record of the person,

through the fact of an arrest record shall be used for investigative purposes only, and

shall not give rise any presumption or inference of guilt. Due to the inclusion of

arrest information, that portion of these applications shall be regarded as

confidential and shall not be produced for public inspection unless required by

state law or court order.

(4) The county police department or its designee shall have a complete and exhaustive

search made relative to any police record of the person submitting the application

for a pouring permit. In the event that the person is eligible for a pouring permit

under this section, the county police department shall issue a letter to the city clerk

that the permit has been issued to the person, and stating that the person is eligible

for employment. If it is found that the person is not eligible for the pouring permit,

the county police department shall notify the city clerk that the person is not eligible,

and the reasons why the person is not eligible, and the city clerk shall notify the

person in writing that they are not eligible for the permit, the cause for the denial of

the permit, and the person's right to appeal the denial.

(5) No person shall be granted a pouring permit unless it appears to the satisfaction of

the county police department and the city clerk that such person has not been

convicted or plead guilty or entered a plea of nolo contendere to any crime

involving moral turpitude, illegal gambling, illegal possession or sale of controlled

substances, illegal sale or possession of alcoholic beverages, including the

sale or transfer of alcoholic beverages to minors in a manner contrary to law,

keeping a place of prostitution, pandering, pimping, public indecency, prostitution,

solicitation of sodomy, or any other sexually related crime within a period of five years of

the date of the application. No person shall be granted a pouring permit who has

been convicted, plead guilty, or entered a plea of nolo contendere to any federal, state

or local law which constitutes a felony within five years of the date the

application. For purposes of this section, a conviction or plea of guilty or nolo

contendere shall be ignored as to any offense for which the defendant was allowed

to avail themselves of the Georgia First Offender Act as amended, however, any such

offense shall not be ignored if the defendant violated any terms of probation

imposed by the court granting first offender treatment or committed another crime

and the sentence in court entered an adjudication of guilt as to the crime for which the

defendant had previously been sentenced as a first offender.

(6) A pouring permit shall be issued for a period of one year from the date of the

original application. The pouring permit must be in the possession of the employee while

the employee is working at the licensed establishment, and must be made available

for inspection by members of the county police department or the city manager,

city clerk or their designee.

(7) No person shall be issued a pouring permit if it is determined that the person falsified,

concealed, or covered up any material fact by any device, trick, or scheme while making

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application for the permit. If a permit is denied or revoked under the provisions of this section, no

application from the same person shall be accepted for a period of at least six months.

(8) All pouring permits issued through administrative error are considered void and may

be terminated and seized by the city manager, city clerk, county police department or their

designee.

(9) All permits issued hereunder remain the property of the city and shall be produced

for inspection upon demand by any county police officer or the city manager or the city clerk or

their designee. A new employee shall receive a receipt issued by the city clerk or county police

department upon filing an application for a pouring permit. This receipt may be used as a pouring

permit for a maximum of 30 days from the date of its issue. Replacement permits will be issued

within 30 days of the original date of issuance upon payment of one-half of the normal fee for a

pouring permit. After 30 days from the original issuance date, a new application and fee must be

submitted in order to obtain a replacement permit.

(10) It shall be the duty of all persons holding a license under the terms of this section to

file with the city clerk the names of all employees working on the premises and connected with the

sale or other disposition of alcoholic beverages along with the employee’s social security number,

date of birth, home address and home phone number and places of employment. Changes in the

list of employees must be filed with the city clerk upon the hiring of a new employee. Copies of

these filings shall be provided to the county police department for use in random inspections.

(11) It shall be the duty of all persons holding a license under this section to inspect and

verify that each employee has obtained a valid pouring permit and that the permit is in their

possession at all times while working at the licensed establishment. Allowing an employee to work

in the licensed establishment without possession of a valid pouring permit shall constitute a

violation of this section, and both the employee and the licensee shall be subject to penalty for such

violation.

(Ord. of 5-14-2001(2))

Sec. 6-447. Employment of persons with prior convictions prohibited.

No licensee shall employee in any premises licensed for the sale of alcoholic beverages

any person in any capacity whatsoever, who has been convicted of, in this state or any other state,

or in the United States, or in any other country, within ten years immediately prior to the

application for employment: soliciting for prostitution, pandering, letting of premises for

prostitution, keeping a disorderly house, illegal dealing in narcotics, sex offenses or other

charges related to the manufacturer or sale of alcohol or any crime involving moral turpitude.

(Code 1988, § 3-243; Ord. of 12-11-1995, Amd. of 10-18-06)

Sec. 6-448. Distance from churches, schools, day care facilities, colleges.

(a) No license permitting the sale of spirituous liquor for consumption on the premises

shall be issued under this article if the premises of the applicant is located within

a distance of 75 feet of the property line of any church, school, licensed day

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care facility or college, except as otherwise provided in this section. The distances

in this section shall be measured in accordance with the definition and method set

forth in Section 6-362 of this Chapter. If an applicant or licensee otherwise

qualifies hereunder, he shall be entitled to a license to continue to operate any

business described herein in the event that subsequent to the date of granting a

license hereunder a church, school, licensed care facility or college is located

closer than the distance set forth herein.

(b) Because of the unique nature of the Town Center Overlay District (as set forth

on the City’s Official Zoning Map) and the desire to encourage economic

redevelopment and economic health and stability of that area, all distance

limitations set forth in this section shall be reduced to zero feet for businesses

located or proposed to be located in the Town Center Overlay (TCO).

(Amended 2-10-14)

(Code 1988, § 3-248; Ord. of 12-11-1995; Amd. of 6-2000, Amd. of 10-18-06) State Law References: Location restrictions, O.C.G.A. § 3-3-2 1.


(a) No one holding a license under this article shall furnish, sell or offer for sale any

alcoholic beverage for consumption on the premises at any time except between the hours of 9:00

a.m. until 1:30 a.m. Monday through Saturday; and in eating establishments which derive at least

fifty percent (50%) of their total annual gross food and beverage sales from the sale of prepared

meals or food, between 12;30 p.m. and 12:00 midnight on Sunday.

(Amd. of 2-11-04, Amd. of 10-18-06 )

(b) No license holder shall serve alcoholic beverages at any time in violation of a local

ordinance or regulation or of a special order of the Mayor and Council.

(Code 1988, § 3-249; Ord. of 12-11-1995; Ord. of 7-15-1996, Amd. of 10-18-06) State Law References: Days and hours of sale, O.C.G.A. §§ 3-3-7, 3-3-20.


The licenses and taxes provided for in this article are not levied in lieu of any other license

fees or taxes that may be levied upon licensed premises, but are in addition thereto.

(Code 1988, § 3-250; Ord. of 12-11-1995)


No licensee shall employ any person under 21 years of age, in or about the premises where

alcoholic beverages are sold or offered for sale, to sell, take orders for delivery, or to aid or assist in

the sale or delivery,

directly or indirectly, of alcoholic beverages unless the person under 21 years of age shall be under

direct supervision of a person who shall be both employed by said establishment and who shall be

over the age of 21 years of age.

(Code 1988, § 3-251; Ord. of 12-11-1995)

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Sec. 6-452. Sales to underage persons, incompetents, drunkards prohibited.

No licensee hereunder shall sell alcoholic beverages to any person under the age of 21 years

of age, or to any person in an intoxicated condition or to any person known to such licensee or his

employees to be a habitual drunkard, or to any such person known to such licensee or his

employees to be of unsound mind. (Code 1988, § 3-252; Ord. of 12-11-1995)

Sec. 6-453. Furnishing of alcoholic beverages to underage persons.

It shall be unlawful for any person to purchase for or to furnish any alcoholic beverages to

any person who has not attained the age of 21 years.

(Code 1988, § 3-253; Ord. of 12-11-1995)

Sec. 6-454. Purchase, consumption or possession by or for underage persons.

(a) It shall be unlawful for any person under 21 years of age to purchase, drink

or possess any alcoholic beverages within the city.

(b) It shall be unlawful for any person to keep or maintain a place where any person

under 21 years of age is allowed or permitted to come and purchase, drink, or possess an

alcoholic beverage.

(c) It shall be unlawful for any parent or other person to buy alcoholic beverages

and furnish the same on the premises to persons under 21 years of age for consumption.

(d) It shall be the responsibility of the licensee to examine the identification of

patrons to be certain that such patrons are of legal age. A Georgia driver's license, which is

apparently valid upon its face, may be accepted by the licensee or his employee as evidence

of age.

(Code 1988, § 3-254; Ord. of 12-11-1995)

Sec. 6-455. Misrepresentation of age by persons under 21 years of age.

(a) It shall be unlawful for any person under 21 years of age to falsely misrepresent

his age in any manner whatsoever.

(b) It shall be unlawful for any person under 21 years of age to purchase, drink

or possess any alcoholic beverages as defined herein.

(Code 1988, § 3-255; Ord. of 12-11-1995)


(a) It shall be unlawful for any person to consume any alcoholic beverage while in or

upon public streets, alleys, sidewalks, parking lots, or other public ways except as otherwise

provided or allowed by this Code.

187

(b) No person shall be in possession of any glass, can or open container containing

alcoholic beverages on any thoroughfare, street, sidewalk, alley,

parking lot or any other public way.

(c) No person, firm or corporation licensed to sell alcoholic beverages shall permit any

person to remove from such premises, any alcoholic beverage.

(d) No person shall have in his possession an open container containing alcoholic

beverages while within or on a motor vehicle, including motorcycles, while parked

or standing on a public street or public parking lot in the city, or while such vehicle is in

motion.

(Code 1988, § 3-256; Ord. of 12-11-1995)

Sec. 6-457. Special provisions applicable to wholesale purchase.

(a) Any person desiring to sell at wholesale any alcoholic beverages in the city shall

make application to the clerk of the city for a license to do so, which

application shall be in writing on the prescribed forms and pay any application

and license fees as set by this article.

(b) No person who has any direct financial interest in any license for the retail sale of

any alcoholic beverages in the city shall be allowed to have any interest or

ownership in any wholesale alcoholic beverage license issued by the city.

(c) No retailer shall purchase any alcoholic beverage from any person other than a

wholesaler licensed under this article. No wholesaler shall sell any alcoholic

beverage to any person other than a retailer licensed under this article. Provided,

however, that this section shall not prohibit the purchase by one retailer of another

retailer's entire stock in a bona fide purchase of an ongoing business.

(d) No alcoholic beverage shall be delivered to any retail sales outlet in the city except

by a duly licensed wholesaler. The name of the wholesale distributor shall be

clearly marked on the delivery vehicle.

(Code 1988, § 3-258; Ord. of 12-11-1995)


Each licensee for wholesale sales shall pay an annual fee of $100.00. This fee may

be amended annually.

(Code 1988, § 3-259; Ord. of 12-11-1995)


All wholesale dealers or distributors shall be licensed by the state revenue department and

shall comply with all laws and regulations of the state revenue department before they sell or deliver

any alcoholic beverages in the city. Deliveries and sales shall be made only to retailers licensed

188

under the provisions of this article and all deliveries shall be made in conveyances owned and

operated by such wholesale dealers or distributors. (Code 1988, § 3-262; Ord. of 12-11-1995)


Retail dealers in alcoholic beverages licensed under the provisions of this article shall not buy

nor accept deliveries of spirituous liquor from wholesalers, dealers or distributors, except who are

licensed by the state revenue department.

(Code 1988, § 3-263; Ord. of 12-11-1995)


(a) Wholesaler to keep copy. Upon each and every delivery by a licensed wholesaler

to a licensed retailer, an invoice in triplicate shall be prepared showing the quantities and

brands of spirituous liquor delivered, together with the price thereof and the excise tax due

and collected thereon. The original of such invoice shall be delivered by the wholesaler to the

retailer simultaneously with such delivery. The wholesaler shall retain the second copy of

such invoice and shall keep it for a period of 36 months after the date of delivery and during

such 36 month period, such invoices shall be made available for inspection by the clerk

of Sugar Hill, or their duly authorized representatives. Upon request of the city, a copy of such

invoice shall be attached to any reports requested or required by the city.

(b) Retailer to keep original. Each retail licensee doing business in the city shall keep

and maintain the original invoice of each sale to him or purchase by him from a

wholesaler of any alcoholic beverages for at least 36 months after the date of

such purchase and shall maintain records to show the sales of spirituous liquor

and any other records required by the city. The city, or its duly authorized

representative shall have the right to inspect the records of each licensee and

make a complete audit of the records of each licensee at any time. Failure of a licensee to

maintain proper records showing receipt of spirituous liquor, payment

therefor, and payment of the taxes due thereon to the appropriate wholesaler,

and records which clearly show the sales, the amount of sales, and the types of

sales of each licensee may, at the discretion of the clerk, after a hearing as

herein provided, result in the revocation or suspension of such license.

(Code 1988, § 3-264; Ord. of 12-11-1995)


In conjunction with any application for license, or in conjunction with any license which has

been issued under the terms hereof, or in conjunction with the revocation, suspension or

cancellation of any license, or in conjunction with the payment or nonpayment of any excise tax

levied or to be collected hereunder, the clerk shall have the right to subpoena all or any part of the

records, books, documents, reports or invoices of any licensee for the purpose of auditing the

records of such licensee, securing compliance by such licensee with the provisions of this article

proving or disproving violation of any part of this article by any licensee, or to show payment or

nonpayment of any taxes, fees, charges or the like due hereunder.

(Code 1988, § 3-266; Ord. of 12-11-1995)

189

Sec. 6-463. Penalty for violation of article; enforcement.

The provisions of this article shall be enforced by the city manager, the city clerk, or their

designee and by the county police department. The county police department is authorized to

conduct random inspections of licensed establishments to assure compliance with the provisions

of this article. Any person violating the provision of this article shall be issued a citation to the

Municipal Court of the city, and upon conviction shall be punished by fine of not less than

$200.00 and not more than $1,000.00, or by imprisonment for a period not to exceed 60 days or by

both fine and imprisonment. Each day that a violation continues shall constitute a separate

offense.

(Ord. of 5-14-2001(2))


DIVISION 4.

ALCOHOLIC BEVERAGE

REVIEW BOARD Sec. 6-486. Established; duties.

There is hereby established an alcoholic beverage review board which shall have the duty

of hearing appeals from decisions of the clerk denying the issuance or renewal of any license

provided for by this article and to hear appeals from the decision of the clerk revoking or

suspending any such license provided for by this article.

(Code 1988, § 3-233; Ord. of

12-11-1995)


The alcoholic beverage review board shall be composed of five citizens of the city

appointed by the mayor and council to serve two-year terms.

(Code 1988, § 3-233; Ord. of 12-11-1995)


(a) No license shall be denied, suspended or revoked without the opportunity for a

hearing except as hereinafter provided.

(b) The clerk shall provide written notice to the applicant or licensee of his order to

deny, suspend, or revoke the license. Such written notification shall set forth in reasonable

detail the reasons for such action and shall notify the applicant or licensee of the right to

appeal under the provisions of this article. Any applicant or licensee who is aggrieved or

adversely affected by a final action of the clerk may have a review thereof by appeal to the

alcoholic review board. Such appeal shall be by written petition, filed in the office of the

clerk within 15 days after the final order or action of the clerk.

190

(c) A hearing shall be conducted on each appeal within 30 days of the date of filing

with the clerk, unless a continuance of such date is agreed to by the appellant and

the clerk. The appellant at such hearing shall have the right to be represented by

an attorney, at the expense of the appellant, and to present evidence and cross examine

witnesses.

(d) The findings of the alcoholic review board shall be forwarded to the clerk after the

conclusion of the hearing and it shall be the duty of the clerk to notify the appellant

of the action of the alcoholic review board.

(e) The findings of the city clerk shall not be set aside unless the alcohol beverage

review board finds them to be:

(1) Contrary to law or ordinances;

(2) Unsupported by substantial evidence on the record as a whole; or

(3) Unreasonable.

(f) The findings of the alcoholic review board shall be final unless appealed within

30 days of the date of said findings by certiorari to the Superior Court of Gwinnett County.

(Code 1988, § 3-234; Ord. of 12-11-1995)

Sec. 6-489. Notice.

For the purpose of sections 6-486- -6-488, notice shall be deemed delivered when

personally served or, when served by registered mail and/or certified mail, within three days after

the date of deposit in the United States mail.

(Code 1988, § 3-235; Ord. of 12-11-1995)


EXCISE TAX


(a) Scope of section. In addition to all other taxes or license fees heretofore or hereafter

imposed upon retail dealers engaged in the city in the business of selling alcoholic

beverages, there is imposed and levied upon all hereinafter described dealers within the

city an excise tax to be computed and collected as hereinafter set forth. The taxes imposed

by this article shall not be levied with respect to the following:

(1) Wine sold to and used by established and recognized churches and

synagogues for use in sacramental service only; and

191

(2) Any sale of wine which is exempt from taxation by the state or under

the Constitution of the United States.

(b) Basis for computation of tax. The tax levied hereunder shall be computed on the

basis of twenty- two cents ($0.22) per liter for spirituous liquors sold or delivered as

hereinafter set forth. The twenty-two cents ($0.22) per liter shall be pro-rated down on

fractional parts of liters, so that each bottle or each individual size container shall be taxed on

the basis of twenty-two cents ($0.22) per liter. It shall be unlawful and a violation of this article

for any such licensee to possess, own, hold, store, display or sell any liquor on which such

tax has not been paid.

(c) Computations, payment, duties of wholesale dealer and distributor. The tax

imposed shall be computed and payable monthly. Each wholesale dealer or distributor

selling, shipping, or delivering alcoholic beverages to any retail dealer in the city shall, as a

condition to the privilege of conducting said business in the city:

(1) Keep and maintain true and correct records of all sales, shipments or

deliveries of alcoholic beverages to each retail dealer in the city such

records to be preserved for a period of not less than one year and to be made

available on request for the inspection of any duly authorized

representative of the city.

(2) Collect from each retail dealer in the city at time of delivery of alcoholic

beverages the amount of tax due under the terms of this section and hold the same

in trust for the city until such tax is remitted to the city as herein provided.

(3) On or before the tenth day of each calendar month, each wholesaler shall

make a verified and comprehensive report to the city which shall

correctly show and reflect all sales and deliveries of alcoholic

beverages to or for retail dealers in the city for the calendar month

immediately preceding the date of said report. Said report shall show the name and

address of each retail dealer, the quantities delivered to each retail

dealer, the amount of excise tax collected under the terms of this section,

and such other reasonable information as may be requested by the city. Said

report shall be accompanied by remittance payable to the city for all taxes

collected or due, as shown on said report.

(4) The excise tax levied in this section is hereby levied upon the retailer

licensed to do business in the city and it is the intent of this article to so

levy this tax but to require the payment of the tax at the time of

delivery to the retailer by the wholesaler, who shall have the responsibility of

remitting the tax to the city on behalf of the retailer on or before the

tenth day of each calendar month, as hereinbefore required. In the event the tax due

hereunder is not paid on or before the tenth day of each calendar

month, a ten percent penalty on the gross tax will be levied by the city

against each defaulting retailing licensee for whom the tax is

not paid on or before the tenth day of the month.

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(5) To insure payment of the excise tax levied hereby and prior to the issuance of

any retail alcoholic beverage license in the city, an applicant

must post and file with the governing authority of the city,

along with his application, a performance bond conditioned upon the

faithful observance and performance by the applicant of the rules and regulations

contained in this article, and upon the payment of any taxes due to

the city. Upon the violation of this article, or any part thereof,

such bond will be forfeited as determined by the clerk at a

hearing held for that purpose upon three days' written notice given to the

licensee concerned. Bond shall be payable to the clerk of the city and shall be in the

amount of $1,000.00 and shall be in a form acceptable to the clerk of

the city.

(d) Noncompliance by wholesale dealer; distributor. If any wholesale dealer or

distributor fails or refuses to make the reports required herein, the city shall notify such dealer

or distributor in writing and if the reports are not made and the taxes are not remitted within

five days from the date of such notice, such wholesale dealer or distributor shall be prohibited

from making any further deliveries in the city and the retail licensees served by such wholesale

dealer or distributor for whom the taxes have not been paid shall be subject to having their

license suspended or revoked as herein provided.

(e) Unlawful retail sales. It shall be a violation of this article for any person, firm or

corporation to sell at retail within the city alcoholic beverages on which the taxes

herein provided for have not been paid.

(f) Unlawful deliveries. It shall be unlawful and a violation of this article for any

wholesale dealer or distributor, person firm or corporation to deliver any alcoholic

beverages to any retail dealer in the city without at the time of such delivery

collecting the excise taxes herein provided for.

(g) Violations and penalties. Any person, firm or corporation violating any of the

provisions of this article or who shall assist any retail dealer in alcoholic beverages in the city to

evade or avoid the payment of the taxes herein provided for shall be guilty of a violation of this

section and on conviction thereof in the municipal court shall be fined or sentenced as provided by

this article and any such person so convicted shall also be subject to having his license suspended

or revoked, if he shall be a licensed dealer in alcoholic beverage at wholesale.

(Code 1988, § 3-260; Ord. of 12-11-1995) State Law References: Local excise tax, O.C.G.A. § 3-4-80.

Sec. 6-512. Excise tax on sale of spirituous liquor by the drink.

(a) Amount. In addition to all other taxes or license fees imposed upon retail dealers

engaged in the sale of spirituous liquor by the drink, there is imposed an excise tax upon the sale of

said drinks in the amount of three percent (3%) of the total cost of such drink which is charged to

the public. Such taxes shall be collected by the licensee under this chapter and any such licensee

shall remit the same to the clerk of the city on or before the tenth (10th

) day of the succeeding

month along with a summary of the licensee’s gross sales derived from the sale of spirituous liquor

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by the drink. Gross sales shall include all credit card sales and shall be reported and taxes

collected thereon shall be submitted to the clerk to the same extent as required of cash sales. It

shall be the duty of every such licensee required to make a report and pay any tax levy hereunder to

keep and preserve suitable records of the sales taxable under this section, and such other books or

accounts as may be necessary to determine the amount of tax due. It shall be the duty of every

licensee to keep and preserve such records for a period of three (3) years.

(b) Verification. In the event the clerk deems it necessary to verify the excise tax

submitted to the city pursuant to this section, for any month, he shall notify the licensee of such

need for verification and the licensee shall submit a verified comprehensive report to the clerk,

prepared by an auditor, reflecting all sales under this section by the licensee and the taxes

submitted to the city. The licensee shall have 30 days to submit such a report to the clerk following

such a request.

(Code 1988, § 3-261; Ord. of 12-11-1995) State Law References: Local excise tax on sales by the drink, O.C.G.A. § 2-4-130 et seq.

Sec. 6-551. Eligibility for issuance of a special event license.

(a) A special event license permitting the sale of malt beverages and/or wine for

consumption on the premises may be obtained for events sponsored or co-sponsored by the

City. A special event license shall be subject to the following terms and conditions:

(1) An application must be submitted to the City Clerk at least 30 days prior

to the date of the event and shall be accompanied by a nonrefundable fee in the

amount of Two Hundred Fifty Dollars ($250.00).

(2) The application must be reviewed by the City Clerk in a timely

manner and may be approved only if all terms and conditions are met and all

information requested by the City Clerk is provided.

(3) The entity obtaining the special events license must have a valid alcohol

beverage license from the State of Georgia and said license must be in good

standing at the time of application and continuing through the time of the

event.

(4) A special event license shall permit sales only at the Town Green, City

Hall/Town Lawn/Amphitheater, E.E. Robinson Park, Sugar Hill Community

Center and Gary Pirkle Park.

(5) All entrances and exits to the area where alcoholic beverages are permitted

shall be through controlled access points which allow for easy monitoring of

patrons entering and leaving the event.

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(6) When safety and/or traffic circulation issues may exist, the City Clerk

may require the submission of a crowd control and traffic plan to be approved by

the necessary City Departments.

(7) A special event license shall not be valid for a period longer than three

(3) days.

(8) A special event license shall be limited to sales of malt beverages and/or

wine for consumption on the premises.

(9) A special event licensee shall not sell, serve, or deliver more than two

alcoholic beverages to one person at one time.

(10) No container in which alcoholic beverages are dispensed shall

exceed sixteen fluid ounces in size.

(11) Possession of any open glass container for the consumption of any

beverage is prohibited.

(12) Hours of sale for a special event license shall be restricted to between the hours of 9 a.m. until 11:59 p.m. Monday through Saturday.

(13) The City Clerk or her designee may immediately revoke any special event

license if it is determined that continued alcohol sales may endanger the health,

welfare or safety of the public.

(14) No license for the sale of alcoholic beverages at a special event shall be

granted to any person who has had any license issued by the City of Sugar Hill

that was revoked within two years prior to the filing of the application for such

event.

(15) The City Clerk shall notify the Gwinnett County Police Department of

the date and location of all events for which a special event license is issued.

(16) Mayor and Council may waive the requirements for pouring

permits where it is impractical to require each person pouring alcohol to obtain a

permit, provided the following conditions are met:

(i) The licensed alcohol vendor(s) shall designate pouring managers to

supervise volunteers pouring without a pouring permit.

(ii) All pouring managers shall be holders of a valid pouring

permit.

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(iii) All pouring managers and volunteers handling alcohol shall be twenty-one (21) years of age or older.

(iv) A pouring manager shall be present in all areas where alcohol is being served at all times alcohol is being served.

(v) A pouring manager may supervise a maximum of ten (10) volunteers at a time.

(vi) Prior to allowing a volunteer to pour alcohol at an event without a handling permit, vendors shall provide basic instruction to volunteers regarding the applicable federal, state, and local laws, ordinances and event restrictions.

(vii) Pouring managers and volunteers serving alcohol shall comply with all of the other requirements of state and local law and ordinances.

(viii) Pouring managers and the licensed alcohol vendor(s) for the event may be held accountable for violations of local or state law and ordinances by the volunteers.

Secs. 6-552 – 6-570. Reserved.

Chapters 7--9 RESERVED

Chapter 10 ANIMALS *

* State Law References: Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers,

O.C.G.A. § 36-35-1 et seq.; animals generally, O.C.G.A. § 4-1-1 et seq.

Article I. In General Sec.

10-1. City designated as bird sanctuary.

Sec. 10-2. Damage caused by animals.


Article II. Animal Control


Sec. 10-28. Restraint.

Sec. 10-29. Abandoned animals.

Sec. 10-30. Transient dogs and cats.

Sec. 10-31. Cruelty to animals.

Sec. 10-32. Public nuisance animal.

Sec. 10-33. Adoption.

Sec. 10-34. Disposition of impounded animals.

Sec. 10-35. Humane disposition.

Sec. 10-36. Vicious animals; dogs and cats.

Sec. 10-37. Biting dogs and cats.

Sec. 10-38. Wildlife.

Sec. 10-39. Removal of dead animals.

Sec. 10-40. Collar and rabies vaccination tag.

Sec. 10-41. Vaccination of dogs and cats.

Sec. 10-42. Vaccines used and time of vaccination.

Sec. 10-43. Certificate of vaccination.

Sec. 10-44. Summons.

Sec. 10-45. Liability of the county, city, animal control u nit, officers and employees.

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Sec. 10-46. Interference with animal control officers.

ARTICLE I.

IN GENERAL

Sec. 10-1. City designated as bird sanctuary.

(a) Area embraced. The entire area embraced within the corporate limits of the city is hereby

designated as a bird sanctuary.

(b) Trapping, shooting, etc., birds or wild fowl; abatement of nuisance. It shall be unlawful to trap,

hunt, shoot or attempt to shoot or molest in any manner any bird or wild fowl or to rob bird nests

or wild fowl nests. Provided, however, if starlings or similar birds are found to be congregating in

such numbers in a particular locality that they constitute a nuisance or menace to health or

property in the opinion of the proper health authorities of the city, then in such event health

authorities shall meet with representatives of the Audubon Society, Bird Club, Garden Club or

Humane Society, or as many of said clubs as are to be found in the city, after having given clubs

at least three days actual notice of the time and place of the meeting to the representatives of such

clubs.

(c) Destroying birds deemed nuisance. If, as a result of such meeting, no satisfactory alternative is

found to abate such nuisance, then the birds may be destroyed in such numbers and in such

manner as is deemed available by the health authorities under supervision of the chief of police

of the city.

(d) Penalty for violation. Anyone violating the provisions of this section shall be punishable by a

fine of not more than $100.00 or imprisoned not exceeding 30 days.

(Code 1988, § 4-2; Ord. of 10-4-1975)

Sec. 10-2. Damage caused by animals.

(a) Definitions. The following words, terms and phrases when used in this section shall have the

meanings ascribed to them in this subsection unless the context clearly indicates a different

meaning:

(b) Property of another includes the driveways and lawns of single- family residential homeowners

as well as common halls in any apartment house, tenement house, hotel or other multiple

dwelling; any entranceway, stairway, or wall immediately abutting a public sidewalk; and any

theater, shop, store, office building, and any other building used in common by the public.

(c) Property of the city includes but is not limited to any and all public streets, sidewalks, parks,

buildings, and adjacent lawns thereto.

(d) Unlawful whether under restraint or not. It shall be unlawful for the owner or any person having

custody of any dog or other animal to permit, either willfully or by failure to exercise due care or

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control, any dog or animal to enter upon or damage the property of the city, or to damage the

property of another, whether said animal is under leash or restraint or not under such leash or

restraint.

(e) Leaving fecal matter on property of another. For purposes of this section, the leaving or dropping

of fecal matter by any dog or animal upon city property or property of another which is not

immediately removed shall be deemed to cause damage thereupon.

(f) Removal of fecal matter by person in control. If a dog or animal damages property as provided

herein, the owner or other person having custody or control of such dog or animal shall

immediately remove such fecal matter or other droppings and dispose of such matter on his own

property or in some other lawful manner that does not create a danger to the public health.

(g) Pro of deemed sufficient for conviction. In the event that any dog or other animal shall cause

damage upon any property of another or upon city property, proof of the occurrence and proof of

the identity of the owner or other person having custody or control of the dog or animal shall be

sufficient to convict the person owning or having custody or control of the animal violating the

terms and conditions of this section.

(h) Penalty for violation of section. The penalty for any violation of this section shall be a fine of not

less than $25.00 nor more than $500.00.

(Code 1988, § 4-3; Ord. of 10-14-1996)


ARTICLE II.

ANIMAL CONTROL

Adopted Gwinnett County Animal Control Ordinance as amended 9-14-15. Complete Ordinance on file at

the City Clerk’s office.


The following words, terms and phrases, when used in this article, shall have the meanings ascribed to

them in this section, unless the context clearly indicates a different meaning:

Abandoned animal means any domesticated animal which shall have been placed upon public property or

within a public building unattended or uncared for, or upon or within the private property of another without the

express permission of the owner, custodian or tenant of the private property, and is unattended or uncared for.

Animal control officer means an employee of the animal control unit duly deputized under the legal

authority of the county or city to enforce the rules and regulations of this article.

Animal control unit means the division of animal control within the department of police services

responsible for the enforcement of this article.

Dog running at-large means any dog not under immediate control, not on a leash, not at heel, not beside a

competent person, not in a vehicle driven or parked, or not confined within the property limits of his owner.

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Hunting dogs are under the control of the owner when hunting with the landowner's permission.

Guard or watch dog means any dog trained by a recognized training facility for the purpose of

protecting individuals from assault and/or preventing property loss or damage. A recognized training facility

shall be deemed to mean any person holding a state kennel license and a business license for either of the

purposes described in this definition.

Impoundment means the act of taking physical possession and control of an animal by an animal control

officer or other officer empowered to act by law and transporting it to the animal control facility.

Livestock means and includes horses, cows, goats, pigs or any other four legged animal, excluding dogs

and cats, used for pleasure or profit. Fowl are expressly included within this definition.

Owner means any person who owns, harbors, keeps, feeds, maintains, has lawful possession of, or

knowingly causes or knowingly permits an animal to be harbored or kept, or has an animal in his care, or who

permits an animal to remain on or about his premises; provided, however, this shall not include a person hired or

acting as custodian of the animal for his owner.

Police officer means any law officer empowered to make arrests or cause to be issued summonses within

the city.

Vicious or dangerous animal means any animal that attacks, bites or injures human beings, pets,

companion animals or livestock or which, because of temperament, conditioning, or training, has a known

propensity to attack, bite or injure human beings, pets, companion animals or livestock. No dog may be declared

dangerous if a threat, injury or damage was sustained by a person who, at the time, was committing a willful

trespass or other tort upon the premises occupied by the owner or keeper of the dog, or was teasing, tormenting,

abusing, or assaulting the dog or has, in the past, been observed or reported to have teased, tormented, abused or

assaulted the dog or was committing or attempting to commit a crime. The definition shall not be construed to

include dogs that are part of a governmental organization or a trained guard dog in performance of its duties.

Sec. 10-28. Restraint.

(a) Leash law. It shall be unlawful for any owner or possessor of any dog to allow such dog to run at-

large, whether wearing a collar and tag or not, within the city limits. Any and all such dogs found

running at-large, whether wearing a collar and tag or not, shall be immediately impounded by

officers of the animal control unit or any police officer. The officers may pursue the dog onto

private property to effect capture of such dog.

(b) Duty of all animal owners to be responsible. It shall be the duty of every owner or custodian of

any animal to exercise reasonable care and take all necessary steps and precautions to protect

other people, property, and animals from injuries or damage which might result from their

animal's behavior. If the owner or custodian of any animal is a minor, the parent or guardian of

such minor shall be responsible to ensure that all provisions of this article are complied with.

(c) Duty to keep dogs under restraint while on owner's property. It shall be the duty of every owner

or custodian of any dog to ensure that the dog is kept under restraint and that reasonable care and

precautions are taken to prevent the dog from leaving the real property limits of its owner,

possessor, or custodian, and ensure that:

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(1) It is securely and humanely enclosed within a house, building, fence,

pen or other enclosure out of which it cannot climb, dig, jump, or

otherwise escape on its own volition; and that such enclosure is

securely locked at any time the animal is left unattended.

(2) It is securely and humanely restrained by chain, cable or trolley,

invisible containment system, or other tether of sufficient strength to

prevent escape.

(3) It is on a leash and under the control of a competent person; or it is

off leash and obedient to that person’s command and that person is

present with the animal any time it is not restrained as provided for in

subsection (c)(1) or (c)(2) of this section while on the owner’s

property.

(4) The following additional precautions shall be taken by the owners,

possessors, or custodians of vicious or dangerous animals:

a. In addition to the requirements in subsection (c)(1) of this

section, owners of dangerous or vicious dogs who maintain

their dogs out-of-doors shall fence a portion of their property

with a second perimeter or area fence. Within this perimeter

or area fence, the vicious or dangerous animal must be

humanely confined inside a pen or kennel of adequate size.

The pen or kennel may not share common fencing with the

area or perimeter fence. The kennel or pen must have secure

sides and a secure top attached to all sides. The sides must

either be buried two feet into the ground, sunken into a

concrete pad, or securely attached to a wire bottom. The gate

to the kennel shall be of the inward-opening type and shall be

kept locked except when tending to the animal's needs such as

cleaning the kennel or providing food and water.

b. Whenever the dog is outside of its enclosure as provided for

in this subsection, but on the owner’s property, it must be

attended by the owner and restrained by a secure collar and

leash of sufficient strength to prevent escape. The leash shall

be no longer than ten feet and the animal must be kept at least

15 feet within the perimeter boundaries of the property unless

the perimeter boundary is securely fenced.

c. No vicious or dangerous dog shall be chained, tethered, or

otherwise tied to any inanimate object such as a tree, post or

building, outside of its own enclosure as provided for in this

subsection.

(d) Guard or watch dogs.

(1) Owners or custodians of any guard or watch dog must confine all

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such dogs within a perimeter fence and meet the following conditions,

unless the dog is otherwise restrained as provided for in subsection

(e)(2) of this section:

a. The fence shall be sufficient to prevent the dog's escape,

with all points of ingress and egress securely locked at all

times.

b. A "beware of dog" sign shall be conspicuously displayed on

each exterior side of the enclosure for each 50 feet of

enclosure, minimum of two, as well as a sign on each ingress

or egress point to the enclosure. Signs shall be a minimum of

ten inches high and 14 inches long.

c. The owner or custodian shall, prior to placing dogs on

property, obtain from the department of police services a

registration number and distinctive identification collar for

each dog. There shall be a fee for each dog for the first year

or any part thereof and a renewal fee for each dog every year

thereafter as set forth in the schedule of fees and charges.

The renewal fee shall be paid by January 30 of each year.

d. The registration number shall be tattooed at the owner's

expense on the inside of the right hind leg or inside the upper

lip of the dog. The collar provided shall be worn at all times.

e. The owner or custodian shall report to the department of

police services within 24 hours of any of the following:

1. Escape of the dog;

2. An attack on a human or animal by the dog;

3. Transfer of ownership of the dog; and/or

4. Death of the dog.

(2) Any enforcement officer of the department of police services shall

have the authority to enter onto private or public property for the

purpose of ensuring compliance with the provisions of this subsection

(d).

(e) Duty to keep dog under restraint while off property.

(1) It shall be the duty of the owner or custodian of any dog to keep the dog

under restraint and control at all times while the dog is off the real property

limits of the owner, possessor or custodian.

(2) For the purpose of this subsection a dog is deemed under control

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when:

a. It is securely and humanely confined within a vehicle, parked

or in motion;

b. It is properly confined within a secure enclosure with the

permission of the owner of the property where the enclosure

is located; and/or

c. It is securely restrained by a leash or other device held by a

competent person; and/or

d. It is under voice command of a competent person who is in

the immediate proximity of the dog.

(3) A guard or watch dog shall be deemed under control only when

restrained by the collar provided for in this section and a secure leash

not to exceed six feet in length. The leash shall be of sufficient

strength to prevent escape.

(4) The following additional precautions shall be taken by owners,

possessors, or custodians of vicious or dangerous animals. Except

when being transported to a licensed veterinary facility, dangerous

and vicious dogs shall not be allowed off the property of the owner.

Should such transport to veterinary care be needed, the animal shall

be securely and humanely confined within a vehicle. Movement of

the animal from the residence of owner to and from the transporting

vehicle and to and from the veterinary facility shall be conducted

with the animal securely leashed by a leash no longer than six feet in

length and muzzled by a muzzle or device constructed so as to

prevent the animal from biting.

(f) Failure to keep animal under restraint. Failure to keep any animal under

restraint or control as provided for in this section shall be unlawful and shall

be punishable as provided in this article.

Sec. 10-29. Abandoned animals.

It shall be unlawful for anyone to knowingly abandon any domesticated animal within the city. Each

person who does abandon, or knowingly and willingly permits such abandonment, or aids in the abandonment of

any domesticated animal shall be in violation of this Code and may be punished as provided in this chapter.

Sec. 10-30. Transient dogs and cats.

Any dog or cat shipped or transported through the county or entering the county only for the purpose of a

temporary stay, when such stay shall not exceed 15 days, shall be exempt from license fees and collar and tag

sections of this article. However, all other provisions of this article are applicable to such transient animals.

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Sec. 10-31. Cruelty to animals.

(a) Definitions. The following words, terms, and phrases when used in this section shall have the

meanings ascribed to them in this subsection, unless the context clearly indicates otherwise:

(1) Cruelty means and includes every act whereby unnecessary or

unjustifiable pain, suffering or death is caused, permitted or

allowed to continue where there is reasonable remedy or relief.

(b) Acts of cruelty. Acts of cruelty shall include, but not be limited to, the following:

(1) Whoever willfully or maliciously kills, abuses, maims, or disfigures

any animal or willfully or maliciously administers poison to any

animal or exposes any poisonous substance with intent that the

poisonous substance shall be taken and swallowed by such

animal shall be in violation of this article;

(2) Whoever overloads, overdrives, tortures, torments, or deprives an

animal of its necessary sustenance or shelter; beats, mutilates, or kills

any animal or causes the same to be done; or carries in or upon

vehicles or otherwise any animal in a cruel or inhumane manner shall

be deemed in violation of this article.

(3) Whoever confines any animal and fails to supply it with sufficient quantities

of wholesome food and water; who keeps any animals in any enclosure without

wholesome exercise and change of air; or abandons any animal to die shall be

deemed in violation of this article.

(c) Animal fighting. No person shall:

(1) Own, possess, keep or train any animal with the intent that such animal shall be

engaged in an exhibition of fighting;

(2) Build, make, maintain, or keep a pit on premises owned by him or occupied by him

or allow a pit to be built, made, maintained or kept on such premises for the purposes

of an exhibition of animal fighting;

(3) In any manner encourage, instigate, promote or assist in an exhibition of animal

fighting or intentional combat; and

(4) Charge admission, be an assistant, umpire or participant or be present as a spectator

to any exhibition of animal fighting or combat.

(d) Impoundment. Any animal control officer, or other officer empowered to act by law, may

impound any animal found to be cruelly treated.

(e) Duty of owner to keep animal enclosure clean. It shall be the duty of the owner to maintain in a

clean and sanitary condition and free from extreme and unreasonable objectionable odor all

structures, pens, yards, and areas adjacent thereto wherein any animal is kept.

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State Law References: Cruelty to animals, O.C.G.A. § 16-12-4.

Sec. 10-32. Public nuisance animal.

(a) Defined. A public nuisance animal shall mean and include any animal or animals that:

(1) Is repeatedly found at-large;

(2) Damages the property of anyone other than the owner;

(3) Is vicious;

(4) Attacks without provocation;

(5) Excessively makes disturbing noises including, but not limited to,

continued and repeated howling, barking, whining, or other

utterances causing unreasonable annoyance, disturbance or

discomfort to neighbors or others in close proximity to the premises

where the animal is kept;

(6) Creates unsanitary conditions or offensive and objectionable odors in

enclosures or surroundings and thereby creates unreasonable annoyance

or discomfort to neighbors or others in close proximity to the premises

where the animal is kept; and/or

(7) An animal which is not being kept in conformity with city zoning

ordinances or resolutions.

(b) Impoundment. Any such public nuisance animal may be impounded and the owner or possessor

charged for a violation of this article. State Law References: Dangerous dogs, O.C.G.A. § 4-8-20 et seq.

Sec. 10-33. Adoption.

(a) Rules for adoption.

(1) Voluntarily surrendered animals. The animal control unit or its designee may offer for

adoption any animal unredeemed or unclaimed by the owner after seven days or, if the

animal is voluntarily surrendered to the animal control unit by the owner of the

animal, the animal may be offered for adoption immediately.

(2) Age for person adopting; humane care. All persons adopting animals shall be over 18

years of age and shall provide proper and humane care, feeding, shelter and protection

from the weather and veterinary treatment as required.

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(3) Spaying and neutering required. All persons adopting a fertile dog or cat shall cause to

have a female spayed or a male neutered within 30 days of the date of adoption or by the

maximum age of six months for a female and nine months for a male, whichever is

longer.

(4) Use of adopted animal for breeding or research. Any person adopting an animal shall not

use the animal for breeding, exhibition or profit and shall not engage in any research

involving the use of the animal or supply the animal to any individual or institution which

may use the animal in research.

(5) Frequency of adoption. The frequency with which animals may be adopted and

placed in any household may be restricted.

(b) Fees. Adoption fees in an amount stated in this schedule of fees and charges may include all or

part of the costs of an examination and rabies inoculation and all or part of the costs associated

with neutering or spaying dogs and cats.

Sec. 10-34. Disposition of impounded animals.

(a) Owner notification; redemption. Any animal, dog or cat, seized or impounded by an animal

control officer, or any officer empowered to act by law, for running at- large shall be detained at

the animal control shelter. The officers of the unit shall notify by mail the owner of such animal,

if known or can be reasonably ascertained, that the animal has been impounded. The owner of

any animal impounded may, within seven days after the mailing of the notice, reclaim the animal

by the payment of an impoundment fee plus a boarding fee for each day the animal was

impounded; the annual license fee if such has not been paid; and the cost of rabies vaccination if

the animal has not been vaccinated within the prescribed time period. These fees, as applicable,

shall also apply to biting animals held for rabies observation at the animal control shelter.

(b) Sick animals. If any animal seized or impounded by the animal control division evidences

advanced symptoms of contagious, infectious or fatal diseases, is seriously ill or severely injured,

the animal control unit shall seek the services of a licensed veterinarian who will determine

whether to treat or euthanize the animal; or in the absence of an available veterinarian, the animal

control officer may concur with a superior on duty, in addition to writing a complete report on the

reason for euthanization. This action may be taken to control the spread of disease or to eliminate

any further pain and suffering of an animal. Every reasonable attempt will be made to stabilize an

owned animal to afford the owner the opportunity to pick up the animal.

Sec. 10-35. Humane disposition.

(a) Animals not claimed by owner. If a dog or cat is not claimed by the owner within seven days of

notice to the owner, or a dog or cat of unknown ownership is not adopted within seven days of

impoundment, then it shall be the duty of the animal control department to euthanize the animal

by an injection of sodium phenobarbital in as humane and painless a manner as possible. An

animal deemed to be highly desirable for adoption may be kept beyond the seven-day limitation,

provided that the animal does not evidence any apparent signs of illness, injury, contagious or

infectious diseases and that space is available to house the animal, at the discretion of the director

of the division of animal control. Animals may be released by the local humane society to

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approved foster homes authorized to accept animals if not claimed or adopted as provided.

Animals shall not be provided to any public or private institution, animal dealer or other

individual who may use or supply the animal for research purposes.

(b) Dangerous animals. Any animal which is suffering excessively or any animal which represents a

real danger to persons or other animals, without regard to the period of confinement as provided

for in subsection (a) of this section, shall be destroyed by officers of the animal control unit in as

humane a manner as possible.

(c) Treatment of sick animals. When, in the opinion of a supervisor of the animal control unit, a

diseased or injured animal, taken into custody, is in need of immediate treatment, so as to lessen

the animal's suffering or to prevent the spread of a communicable disease to other animals, he

shall immediately obtain the services of or place the animal with a licensed veterinarian for the

purpose of administering necessary treatment.

Sec. 10-36. Vicious animals; dogs and cats.

It shall be unlawful for any person to cause, permit, accompany or be responsible for the presence of any

vicious dog or cat on the streets or public places of the city or allow the animal to run on the premises of another

at any time, unless and in addition to the other requirements of this article such dog or cat shall be securely

muzzled to effectively prevent it from biting any person or other animal. Upon impounding a vicious animal for

any reason, the animal control unit may for reasons of public safety, retain the animal at the impoundment facility

until disposition by the appropriate court. State Law References: Dangerous dogs, O.C.G.A. § 4-8-20 et seq.

Sec. 10-37. Biting dogs and cats.

(a) Confinement for observation. In accordance with rules and regulations promulgated by the

county board of health and any ordinances or regulations promulgated by the city, all dogs and

cats known to have bitten a person shall be confined to the animal control shelter or veterinarian's

hospital for a period of ten days. All expenses incurred for boarding of the animal for this period

of time shall be paid by the owner or possessor of the biting animals.

(b) Animals which cannot be confined. In accordance with rules and regulations promulgated by the

state department of public health, all pets or wild animals, other than a dog or cat, known to have

bitten a person, or any animal which cannot be held for a rabies observation period, shall be

euthanized and a lab specimen of brain tissue sent to the state department of epidemiology for

testing and control of rabies.

Sec. 10-38. Wildlife.

All complaints and matters concerning wild animals not of a domestic nature and complaints involving

game animals or protected species and/or hunting, shall be forwarded to the state department of natural resources,

game and fish division or the U.S. Department of Agriculture, Law Enforcement Division for proper disposition,

i.e. compliance, apprehension, controlling and/or enforcement as may be necessary as provided by state and

federal rules and regulations.

Sec. 10-39. Removal of dead animals.

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Officers of the animal control unit are authorized to remove dead animals from public property

including, but not limited to, public schools, parks and roadways. Carcasses on private property must be

disposed of by the animal owner or property owner/possessor in accordance with provision of state law. Any

dog, cat or small animal carcass to be picked up for disposal by the animal control center from a private

residence must first be contained in a plastic bag and delivered to the right-of-way of the road or street for

disposal. All dead livestock, including horses, cattle and any other large animal must be disposed of by the

animal owner or property owner/possessor in accordance with state and local regulations.

Sec. 10-40. Collar and rabies vaccination tag.

(a) It shall be the duty of each dog and cat owner or possessor to provide a collar and tag for each

dog and cat, and the tag or collar shall be on the animal at all times when the animal is not

under immediate control of the owner or possessor of the animal.

(b) It shall be unlawful for any person to attach a vaccination or owner's license tag to the collar of

any animal for which it was not issued, or to remove such tags from any animal without the consent

of its owner or possessor.

Sec. 10-41. Vaccination of dogs and cats.

No person shall vaccinate dogs and cats against rabies who is not licensed to practice veterinary

medicine in the state.

Sec. 10-42. Vaccines used and time of vaccination.

(a) All dogs and cats being owned, possessed, harbored or residing within the city limits shall be

inoculated for the prevention of rabies by a veterinarian licensed to practice veterinary medicine

in the state, and using only those vaccines prescribed and/or approved by the state department of

human resources.

(b) All dogs and cats are to be vaccinated against rabies before and no later than six months of age.

All dogs and cats are to be revaccinated within the specified time, 12, 24, or 36 months

depending on the type of vaccine used. Any dog or cat found not vaccinated by six months of

age must have consent of a licensed veterinarian stating the reasons.

(c) Any person keeping, owning, harboring or having any other type of animal in possession,

excluding dogs and cats, is not required to have the animal vaccinated against rabies but does so

at his own risk and assumes all liabilities for adverse actions of the animal.

Sec. 10-43. Certificate of vaccination.

(a) Upon administering anti-rabies vaccines, a certificate of vaccination must be issued and signed by

the veterinarian administering the vaccine, to prove evidence of vaccination.

(b) Any veterinarian is authorized and required in connection with his practice to is sue certificates of

vaccination, provided he furnishes one copy to the animal owner, one copy to the animal control

unit, and one copy is retained by the veterinarian. In addition, a fourth copy may be given to the

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animal owner and delivered to the animal control unit for the license.

(c) The certificate of vaccination furnished to the department of animal control shall be maintained in

an orderly indexed file for a period of not less than three years.

Sec. 10-44. Summons.

(a) The animal control officer or police officer at his discretion may not impound a dog or other

animal found in violation of any section of this chapter, but return the animal to its owner or

possessor and issue or cause to be issued a summons directing the owner or possessor of the dog

to appear before the city court on a certain day to stand trial for the violation of this chapter.

(b) If a violation of this chapter has not been personally witnessed by the animal control supervisor

or his authorized representative or other employee of the city, a subpoena may be issued to the

person complaining to be and appear on the day and time set for trial, then and there, to testify

on behalf of the city.

Sec. 10-45. Liability of the county, city, animal control unit, officers and employees.

The county, the city, the animal control unit and its officers and employees shall not be held responsible or

liable for any accidents, diseases, injuries, or deaths to any animal while being impounded or boarded at the animal

control shelter.

Sec. 10-46. Interference with animal control officers.

It shall be unlawful to interfere with any animal control officer or other officer empowered to act by law,

or to take or attempt to take any animal from the county or city vehicle used to transport the animal, or to take or

attempt to take any animal from the animal control shelter or impounding area.

Sec. 10-47. Enforcement of article.

In addition to enforcement by animal control officers and police officers, the provisions of this article

shall be enforced by the City Manager or his designee, including but not limited to code enforcement officers of

the City’s Department of Planning and Development.

Chapters 11—13

RESERVED.

Chapter 14

BUILDINGS AND BUILDING REGULATIONS

Article I. In General


Article II. Technical Codes

Sec. 14-21. Regulations.

Sec. 14-22. Amendments.

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Article III. Swimming Pools

Division 1.

Generally


Division 2.

Private Residential Pools


Sec. 14-72. Compliance with division required.

Sec. 14-73. Construction permit.

Sec. 14-74. Construction and design criteria.

Sec. 14-75. Safety precautions.

Sec. 14-76. Setback requirements.



Sec. 14-77. Inspections.


Division 3. Minimum Standards for Swimming Pools, Public Spa Pools and Bathhouses

Subdivision I. In General

Sec. 14-101. Title and purpose.


Sec. 14-103. Applicability of division.

Sec. 14-104. Plans and specifications.

Sec. 14-105. Water supply.

Sec. 14-106. Structure design and materials.

Sec. 14-107. Steps, ladders and handrails.

Sec. 14-108. Fences, barriers and gates.

Sec. 14-109. Electrical.

Sec. 14-110. Recirculation and filtration system.

Sec. 14-111. Pumping equipment.

Sec. 14-112. Piping.

Sec. 14-113. User load computation.

Sec. 14-114. Administration and enforcement; variance.

Sec. 14-115. Conflict with other codes, laws or regulations.

Sec. 14-116. Enforcement.

Secs. 14-117--14-140. Reserved.

Subdivision II. Public Pools

Sec. 14-141. Shape, slope and depth.

Sec. 14-142. Inlets and outlets.

Sec. 14-143. Overflow facilities.

Sec. 14-144. Hose and connections.

Sec. 14-145. Wading pools.

Sec. 14-146. Spray pools.

Sec. 14-147. Deck areas.

Sec. 14-148. Diving areas and equipment.

Sec. 14-149. Hair and lint strainer.

Sec. 14-150. Suction cleaner.

Sec. 14-151. Disinfectant feeders.

Sec. 14-152. Filtration equipment.

Sec. 14-153. Make-up water facilities.

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Sec. 14-154. Disinfection and water quality.


Secs. 14-156--14-180. Reserved.

Subdivision III. Spas


Sec. 14-182. Shape, slope, and depth.

Sec. 14-183. Steps, ladders, and handrails.


Sec. 14-185. Bathhouse facilities.


Secs. 14-187--14-210. Reserved.

Subdivision IV. Bathhouses Sec. 14-211. Regulations.

Sec. 14-212. Facilities.

Secs. 14-213--14-240. Reserved.

Article IV. Ultra-Low-Flow Plumbing Fixtures

Sec. 14-241. Purpose.


Sec. 14-243. Standards.

Sec. 14-244. Product certification.

Sec. 14-245. Exceptions.

Sec. 14-246. Penalties for violation of article.

Sec. 14-247. Compliance and enforcement.

ARTICLE I.

IN GENERAL


ARTICLE II.

TECHNICAL CODES

Sec. 14-2 1. Regulations.

The city building inspection department shall follow regulations as outlined in the current edition of the

following technical code books:

(1) Standard Building Code.

(2) Standard Excavation and Grading Code.

(3) Standard Fire Prevention Code.

(4) Standard Gas Code.

(5) Standard Housing Code.

(6) Standard Mechanical Code.

(7) Standard Plumbing Code.

(8) Standard Swimming Pool Code.

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(9) Standard Unsafe Building Abatement Code.

(10) Standard for Flood Plain Management.

(11) C.A.B.O. Codes for one- and two-family dwellings.

(12) Georgia State Energy Code for Buildings.

(13) Standard Amusement Device Code.

(14) Standard Existing Building Code. (Code 1988, §

5-1; Ord. of 12-10-1990; Ord. of 10-14-1991) State Law References: Constitutional authority to adopt building code, Ga. Const. art. IX, § II, ¶ III(a)(12); minimum

required standards, O.C.G.A. §§ 8-2-20(9)(B)(i)(I), 8-2-25(a).


1 PURPOSE AND SCOPE

1.1 PURPOSE

The purpose of this Section is to provide for the administration and enforcement of the Georgia State Minimum

Standard Codes for Construction as adopted and amended by the Georgia Department of Community Affairs.

Hereinafter, the State Minimum Standard Codes for Construction shall be referred to as “the construction codes”.

1.2 CODE REMEDIAL

1.2.1 GENERAL. These construction codes are hereby declared to be remedial, and shall be construed to secure

the beneficial interests and purposes thereof, which are public safety, health and general welfare, through

structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire

and other hazards attributed to the built environment including alteration, repair, removal, demolition, use and

occupancy of buildings, structures, or premises, and by regulating the installation and maintenance of all

electrical, gas, mechanical and plumbing systems, which may be referred to as service systems.

1.2.2 QUALITY CONTROL. Quality control of materials and workmanship is not within the purview of the

construction codes except as it relates to the purposes stated therein.

1.2.3 PERMITTING AND INSPECTION / NO WARRANTY. The inspection or permitting of any building,

system or plan, under the requirements of construction codes shall not be construed in any court as a warranty of

the physical condition of such building, system or plan or their adequacy. The City of Sugar Hill, nor any

employee thereof, shall be liable in tort for damages for any defect or hazardous or illegal condition or

inadequacy in such building, system or plan, nor for any failure of any component of such, which may occur

subsequent to such inspection or permitting. This ordinance and the construction codes shall not create any duty

or right of recovery against the City of Sugar Hill or any of its officials or employees.

1.3 SCOPE.

1.3.1 APPLICABILITY:

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GENERAL. Where, in any specific case, different sections of these construction codes specify different

materials, methods of construction or other requirements, the most restrictive shall govern. Where there is a

conflict between a general requirement and a specific requirement, the specific requirement shall be applicable.

BUILDING. The provisions of the International Building Code, as adopted and amended by the Georgia

Department of Community Affairs, shall apply to the construction, alteration, repair equipment, use and

occupancy, location, maintenance, removal and demolition, of every building or structure or any appurtenances

connected or attached to such buildings or structures, except in one and two family dwellings.

ELECTRICAL. The provisions of the National Electrical Code, as adopted and amended by the Georgia

Department of Community Affairs, shall apply to the installation of electrical systems, including alterations,

repairs, replacement, equipment, appliances, fixtures, fittings and appurtenances thereto.

GAS. The provisions of the International Fuel Gas Code, as adopted and amended by the Georgia Department of

Community Affairs, shall apply to the installation of consumer’s gas piping, gas appliances and related

accessories as covered in this Code. These requirements apply to gas piping systems extending from the point of

delivery to the inlet connections of appliances and the installation and operation of residential and commercial

gas appliances and related accessories, except in one and two family dwellings.

MECHANICAL. The provisions of the International Mechanical Code, as adopted and amended by the Georgia

Department of Community Affairs, shall apply to the installation of mechanical systems, including alterations,

repairs, replacement, equipment, appliances, fixtures, fittings and/or appurtenances, including ventilating,

heating, cooling, air conditioning and refrigeration systems, incinerators, and other energy related systems,

except in one and two family dwellings.

PLUMBING. The provisions of the International Plumbing Code, as adopted and amended by the Georgia

Department of Community Affairs, shall apply to every plumbing installation, including alterations, repairs,

replacement, equipment, appliances, fixtures, fittings and appurtenances, and when connected to a water or

sewerage system.

FIRE PREVENTION. The provisions of the International Fire Code, as adopted and amended by the Georgia

Department of Community Affairs, shall apply to the construction, alteration, repair, equipment, use and

occupancy, location, maintenance, or every building or structure or any appurtenances connected or attached to

such buildings or structures.

ENERGY. The provisions of the International Energy Conservation Code, as adopted and amended by the

Georgia Department of Community Affairs, shall regulate the design of building envelopes for adequate thermal

resistance and low air leakage and the design and selection of mechanical, electrical, service water heating and

illumination systems and equipment that will enable the effective use of energy in new building construction.

ONE AND TWO FAMILY DWELLINGS. The provisions of the International Residential Code for One and

Two Family Dwellings, as adopted and amended by the Georgia Department of Community Affairs, shall apply

to the construction, alteration, repair, equipment, use and occupancy, location, maintenance, of every one or two

family dwelling or any appurtenances connected or attached to such buildings or structures.

EXISTING BUILDINGS. The provisions of the International Existing Building Code, as adopted and amended

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by the Georgia Department of Community Affairs, shall be enforced within the City and shall apply to all

existing residential and nonresidential structures and all existing premises, structures, equipment and facilities for

light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and other

hazards, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the

alteration, repair, equipment, use and occupancy of existing structures.

DANGEROUS BUILDINGS. The provisions of the Standard Unsafe Building Abatement Code, as adopted and

amended by the Georgia Department of Community Affairs, shall be enforced within the City and shall apply to

all existing residential and nonresidential structures and all existing premises, structures, equipment and facilities

for light, ventilation, space, heating, sanitation, protection from the elements, life safety, safety from fire and

other hazards, and for safe and sanitary maintenance; the responsibility of owners, operators, and occupants; the

alteration, repair, equipment, use and occupancy of existing structures. See Section 2.5 below.

PROPERTY MAINTENANCE. The provisions of the International Property Maintenance Code, as adopted and

amended by the Georgia Department of Community Affairs, shall be enforced within the City and shall apply and

premises, and for administration, enforcement and penalties. However, if there are any inconsistent or conflicting

provisions between the International Property Maintenance Code and the City of Sugar Hill Property

Maintenance Ordinance (Article V of Chapter 14 of the Code of Ordinances of the City of Sugar Hill) the City of

Sugar Hill Property Maintenance Ordinance shall govern and shall be the enforceable provision.

1.3.2 FEDERAL AND STATE AUTHORITY. The provisions of the construction codes shall not be held to

deprive any Federal or State agency, or any applicable governing authority having jurisdiction, of any power or

authority which it had on the effective date of the adoption of the construction codes or of any remedy then

existing for he enforcement of its orders, nor shall it deprive any individual or corporation of its legal rights as

provided by law.

1.3.3 APPENDICES. Appendices referenced in the text of the construction codes shall be considered an integral

part of the construction codes.

1.3.4 REFERENCED STANDARDS. Standards referenced in the text of the construction codes shall be

considered an integral part of the construction codes. If specific portions of a standard are denoted by code text,

only those portions of the standard shall be enforced. Where construction code provisions conflict with a

standard, the construction code provisions shall be enforced. Permissive and advisory provisions in a standard

shall not be construed as mandatory.

1.3.5 MAINTENANCE. All buildings, structures, electrical, gas, mechanical and plumbing systems, both

existing and new, and all parts thereof, shall be maintained in a safe and sanitary condition. All devices or

safeguards, which are required by the construction codes when constructed, altered, or repaired, shall be

maintained in good working order. The owner, or his/her designated agent, shall be responsible for the

maintenance of buildings, structures, electrical, gas, mechanical and plumbing systems.

1.4 DEPARTMENT OF PLANNING AND DEVELOPMENT SHALL BE THE BUILDING

DEPARTMENT

There shall be created within and as part of the Department of Planning and Development the Building

Department. The City Manager shall appoint Building Official(s) to enforce this ordinance and the construction

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codes. The Governing Body shall establish the qualifications for the Building Official(s) and other Code

Enforcement personnel.

1.4.1 RESTRICTIONS ON EMPLOYEES. An officer or employee connected with the department, except one

whose only connection is as a member of the Construction Board of Adjustments and Appeals, shall not be

financially interested in the furnishing of labor, material, or appliances for the construction, alteration, or

maintenance of a building, structure, service, system, or in the making of plans or of specifications thereof, unless

he is the owner of such. This officer or employee shall not engage in any other work, which is inconsistent with

his duties or conflict with the interests of the department.

1.4.2 RECORDS. The Building Official shall keep, or cause to be kept, a record of the business of the

department. The records of the department shall be open to public inspection pursuant to the provisions of the

Georgia Open Records Act.

1.4.3 LIABILITY. Any officer or employee, or member of the Construction Board of Adjustments and Appeals,

charged with the enforcement of the construction codes, acting for the applicable governing authority in the

discharge of his duties, shall not thereby render himself/herself personally liable, and is hereby relieved from all

personal liability, for any damage that may occur to persons or property as a result of any act required or

permitted in the discharge or his/her duties. Any suit brought against any officer or employee or member because

of such act performed by him/her in the enforcement of any provision of the construction codes shall be defined

by the governing jurisdiction until the final termination of the proceedings.

1.4.4 REPORTS The Building Official shall submit annually a report covering the work of the building

department during the preceding year. He/She may incorporate in said report a summary of the decisions of the

Board of Adjustments and Appeals during said year.

1.5 EXISTING BUILDINGS

1.5.1 GENERAL. Alterations, repairs or rehabilitation work may be made to any existing structure, building,

electrical, gas, mechanical or pluming system without requiring the building, structure, plumbing, electrical,

mechanical or gas system to comply with all the requirements of the construction codes provided that the

alteration, repair or rehabilitation work conforms to the requirements of the construction codes for new

construction. The Building Official shall determine the extent to which the existing system shall be made to

conform to the requirements of the construction codes for new construction.

1.5.2 CHANGE OF OCCUPANCY.

If the occupancy classification of any existing building or structure is changed, the building, electrical, gas,

mechanical and plumbing systems shall be made to conform to the intent of the construction codes as required by

the Building Official.

1.6 SPECIAL HISTORIC BUILDINGS

The provisions of the construction codes relating to the construction, alteration, repair, enlargement, restoration,

relocation or moving of buildings or structures shall not be mandatory for existing buildings or structures

identified and classified by the state or local jurisdiction as Historic Buildings when such buildings or structures

are judged by the Building Official to be safe and in the public interest of health, safety and welfare regarding

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any proposed construction, alteration, repair, enlargement, restoration, relocation or moving of buildings within

fire districts.

2. POWERS AND DUTIES OF THE BUILDING OFFICIAL

2.1 GENERAL

The Building Official is hereby authorized and directed to enforce the provisions of the construction codes. The

Building Official is further authorized to render interpretations of the construction codes, which are consistent

with its intent and purpose.

2.2 RIGHT OF ENTRY

2.2.1 Any owner, applicant or authorized agent, upon submitting a request for a permit or by accepting a permit

issued pursuant to the construction codes or this ordinance, shall be deemed to have agreed and consented to

allowing the Building Official or his authorized representative to conduct an inspection to enforce any provisions

of the construction codes. Whenever necessary to make an inspection to enforce any of the provisions of the

construction codes, or whenever the Building Official has reasonable cause to believe that there exists in any

building or upon any premises any condition or code violation which makes such building, structure, premises,

electrical, gas, mechanical or plumbing systems unsafe, dangerous or hazardous, the Building Official may enter

such building, structure or premises at all reasonable times to inspect the same or to perform any duty imposed

upon the Building Official by these construction codes, provided that if such building or premises is occupied, he

shall first present proper credentials and request entry. If such building, structure, or premises is unoccupied, he

shall first make a reasonable effort to locate the owner or other persons having charge or control of such and

request entry. If entry is refused, the Building Official shall have recourse to every remedy provided by law to

secure entry.

2.2.2 When the Building Official shall have first obtained a proper inspection warrant or other remedy provided

by law to secure entry, no owner or occupant or any other persons having charge, care or control of any building,

structure or premises shall fail or neglect, after proper request is made as herein provided, to promptly permit

entry therein by the Building Official for the purpose of inspection and examination pursuant to the construction

codes.

2.3 STOP WORK ORDERS

Upon notice from the Building Official, work on any building, structure, electrical, gas, mechanical or plumbing

system that is being done contrary to the provisions of the construction codes or in a dangerous or unsafe manner,

shall immediately cease. Such notice shall be in writing and shall be given to the owner of the property, or to his

agent, or to the person doing the work, and shall state the conditions under which work may be resumed. Where

an emergency exits, the Building Official shall not be required to give a written notice prior to stopping the work.

2.4 REVOCATION OF PERMITS

2.4.1 MISREPRESENTATION OF APPLICATON. The Building Official may revoke a permit or approval,

issued under the provisions of the construction codes, in case there has been any false statement or

misrepresentation as to the material fact in the application or plans on which the permit or approval was based.

2.4.2 VIOLATON OF CODE PROVISIONS. The Building Official make revoke a permit upon determination

by the Building Official that the construction erection, alteration, repair, moving, demolition, installation or

215

replacement of the building, structure, electrical, gas, mechanical or plumbing systems for which the permit was

issued is in violation of, or not in conformity with, the provisions of the construction codes.

2.5 UNSAFE BUILDINGS OR SYSTEMS

All buildings, structures, electrical, gas, mechanical or plumbing systems which are unsafe, unsanitary, or do not

provide adequate egress, or which constitute a fire hazard, or are otherwise dangerous to human life, or which in

relation to existing use, constitute a hazard to safety or health, are considered unsafe buildings or service systems.

All such unsafe buildings, structures or service systems are hereby declared illegal and shall be abated by repair

and rehabilitation or by demolition in accordance with the provisions of the Standard Unsafe Building Abatement

Code.

2.7 ALTERNATE MATERIALS AND METHODS

The provisions of the construction codes are not intended to prevent the use of any material or method of

construction not specifically prescribed by them, provided any such alternate has been reviewed by the Building

Official. The Building Official shall approve any such alternate, provided by the Building Official finds that the

alternate for the purpose intended is at least the equivalent of that prescribed in the construction codes, in quality,

strength, effectiveness, fire resistance, durability and safety. The Building Official shall require that sufficient

evidence or proof be submitted to substantiate any claim made regarding the alternate.

3. PERMITS

3.1 PERMIT APPLICATION

3.1.1 WHEN REQUIRED Any owner, authorized agent, or contractor who desires to construct, enlarge, alter,

repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, alter,

repair, remove, convert or replace any electrical, gas, mechanical, or plumbing system, the installation of which is

regulated by the construction codes, or to cause any such work to be done, shall first make application to the

Building Official and obtain the required permit for the work.

EXCEPTION: Permits shall not be required for the following mechanical work:

1. any portable heating appliance;

2. any portable ventilation equipment;

3. any portable cooling unit;

4. any steam, hot or chilled water piping within any heating or cooling equipment regulated by the

construction codes;

5. replacements of any part which does not alter its approval or make it unsafe;

6. any portable evaporative cooler;

7. any self-contained refrigeration system containing 10 lb. (4.54 kg.) or less of refrigerant and

actuated by motors of 1 horsepower (746 W) or less.

3.1.2. WORK AUTHORIZED. A building, electrical, gas, mechanical or plumbing permit shall carry with it the

right to construct or install the work, provided the same are shown on the drawings and set forth in the

specifications filed with the application for the permit. Where these are not shown on the drawings and covered

by the specifications submitted with the application, separate permits shall be required.

3.1.3 MINOR REPAIRS. Ordinary minor repairs may be made with the approval of the Building Official

216

without a permit, provided that such repairs shall not violate any of the provisions of the construction codes.

3.1.4 INFORMATION REQUIRED. Each application for a permit, with the required fee, shall be filed with the

Building Official on a form furnished for the purpose, and shall contain a general description of the proposed

work and its location. The application shall be signed by the owner, or his/her authorized agent. The building

permit application shall indicate the proposed occupancy of all parts of the building and of that portion of the site

or lot, if any, not covered by the building or structure, and shall contain such other information as may be

required by the Building Official.

3.1.5 TIME LIMITATIONS. An application for a permit for any proposed work shall be deemed to have been

abandoned 6 months after the date of filing for the permit, unless before than a permit has been issued. One or

more extensions of time periods of not more than 90 days each may be allowed by the Building Official for the

application, provided the extension is requested in writing and justifiable cause is demonstrated.

3.2 DRAWINGS AND SPECIFICATIONS

3.2.1 REQUIREMENTS. When required by the Building Official, three or more copies of specifications and of

drawings drawn to scale with sufficient clarity and detail to indicate the nature and character of the work, shall

accompany the application for a permit. Such drawings and specifications shall contain information, in the form

of notes or otherwise, as to the quality of materials, where quality is essential to conformity with the construction

codes. Such information shall be specific, and the construction codes shall not be cited as a whole or in part, nor

shall the term “legal” or its equivalent be used, as a substitute for specific information. All information,

drawings, specifications and accompanying data shall bear the name and signature of the person responsible for

the design.

3.2.2 ADDITIONAL DATA. The Building Official may require details, computations, stress diagrams, and

other data necessary to describe the construction or installation and the basis of calculations. All drawings,

specifications and accompanying data required by the Building Official to be prepared by an architect or engineer

shall be affixed with their official seal.

3.2.3 DESIGN PROFESSIONAL. The design professional shall be an architect or engineer legally registered

under the laws of this state regulating the practice of architecture or engineering and shall affix his official seal to

said drawings, specifications and accompanying data, for the following:

1. All Group A, E, and I occupancies.

2. Buildings and structures three stores or more high.

3. Buildings and structures 5000 sq. ft. (465 m2) or more in area.

For all other buildings and structures, the submittal shall bear the certification of the applicant that some specific

state law exception permits its preparation by a person not so registered.

EXCEPTION: Single family dwellings, under 5000 square feet, shall require neither a registered architect nor

engineer, nor a certification that an architect or engineer is not required.

3.2.4 STRUCTURAL AND FIRE RESISTANCE INTEGRITY. Plans for all buildings shall indicate how

required structural and fire resistance integrity will be maintained where a penetration of a required fire resistance

wall, floor or partition will be made for electrical, gas, mechanical, plumbing, signal and communication

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conduits, pipes and systems and also indicate in sufficient detail how the fire integrity will be maintained where

required fire resistance floors intersect the exterior walls.

3.2.5 SITE DRAWINGS. Drawings shall show the location of the proposed building or structure and of every

existing building or structure on the site or lot. The Building Official may require a boundary line survey

prepared by a qualified surveyor.

3.2.6 HAZARDOUS OCCUPANCIES. The Building Official may require the following:

1. GENERAL SITE PLAN. A general site plan drawn at a legible scale which shall include, but not be limited

to, the location of all buildings, exterior storage facilities, permanent access ways, evacuation routes, parking lots,

internal roads, chemical loading areas, equipment cleaning areas, storm and sanitary sewer accesses, emergency

equipment and adjacent property uses. The exterior storage areas shall be identified with the hazard classes and

the maximum quantities per hazard class of hazardous materials stored.

2. BUILDING FLOOR PLAN. A building floor plan drawn to a legible scale, which shall include, but not be

limited to, all hazardous materials storage facilities within the building and shall indicate rooms, doorways,

corridors, exits, fire rated assemblies with their hourly rating, location of liquid tight rooms, and evacuation

routes. Each hazardous materials storage facility shall be identified on the plan with the hazard classes and

quantity range per hazard class or the hazardous materials stored.

3.3 EXAMINATION OF DOCUMENTS

3.3.1 PLAN REVIEW. The Building Official shall examine or cause to be examined each application for a

permit and the accompanying documents, consisting of drawings, specifications, computations, and additional

data, and shall ascertain by such examinations whether the construction indicated and described is in accordance

with the requirements of the construction codes and all other pertinent laws or ordinances.

3.3.2 AFFIDAVITS. The Building Official may accept a sworn affidavit from a Registered Architect or

Engineer stating that the plans submitted conform to the construction codes. For buildings and structures the

affidavit shall state that the plans conform to the laws as to egress, type of construction and general arrangement

and if accompanied by drawings showing the structural design, and by a statement that the plans and design

conform to the requirements of the construction codes as to strength, stresses, strains, loads and stability. The

Building Official may without any examination or inspection accept such affidavit, provided the architect or

engineer who made such affidavit agrees to submit to the Building Official, copies of inspection reports as

inspections are performed and upon completion of the structure, electrical, gas, mechanical or plumbing systems

a certification that the structure, electrical, gas, mechanical or plumbing system has been erected in accordance

with the requirements of the construction codes. Where the Building Official relies upon such affidavit, the

architect or engineer shall assume full responsibility for the compliance with all provisions of the construction

codes and other pertinent laws or ordinances.

3.4 ISSUING PERMITS

3.4.1 ACTION ON PERMITS. The Building Official shall act upon an application for a permit without

unreasonable or unnecessary delay. If the Building Official is satisfied that the work described in an application

for a permit and the contract documents filed therewith conform to the requirements of the construction codes

and other pertinent laws and ordinances, he shall issue a permit to the applicant.

3.4.2 REFUSAL TO ISSUE PERMIT. If the application for a permit and the accompanying contract documents

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describing the work do not conform to the requirements of the construction codes or other pertinent laws or

ordinances, the Building Official shall not use a permit, but shall return the contract documents to the applicant

with his refusal to issue such permit. Such refusal shall, when requested, be in writing and shall contain the

reason for refusal.

3.4.3 SPECIAL FOUNDATION PERMIT. When application for permit to erect or enlarge a building has been

filed and pending issuance of such permit, the Building Official may, at his discretion, issue a special permit for

the foundation only. The holder of such a special permit is proceeding at his own risk and without assurance that

a permit for the remainder of the work will be granted nor that corrections will not be required in order to meet

provisions of the construction codes.

3.5 CONTRACTOR RESPONSIBILITIES

It shall be the duty of every contractor who shall make contractors for the installation or repairs of building,

structure, electrical, gas, mechanical, sprinkler or plumbing systems, for which a permit is required, to comply

with state or local rules and regulations concerning licensing which the applicable governing authority may have

adopted. In such case that the state requires a contractor t have obtained a state license before they are permitted

to perform work, the contractor shall supply the local government with their license number before receiving a

permit for work to be performed.

3.6 CONDITIONS OF THE PERMIT

3.6.1 PERMIT INTENT. A permit issued shall be construed to be a license to proceed with the work and not as

authority to violate, cancel, alter, or set aside any of the provisions of the construction codes, nor shall issuance of

a permit prevent the Building Official from thereafter requiring a correction of errors in plans, construction, or

violations of the construction codes. Every permit issued shall become invalid unless the work authorized by

such permit is commenced within 6 months after its issuance, or if the work authorized by such permit is

suspended or abandoned for a period of 6 months after the time the worked is commenced. One or more

extensions of time, for periods not more than 90 days each, may be allowed for the permit. The extension shall

be requested in writing and justifiable cause demonstrated. Extensions shall be in writing by the Building

Official.

3.6.2 PERMIT ISSUED ON BASIS OF AN AFFIDAVIT. Whenever a permit is issued in reliance upon an

affidavit or whenever the work to be covered by a permit involves installation under conditions which, in the

opinion of the Building Official, are hazardous or complex, the Building Official shall require that the architect or

engineer who signed the affidavit or prepared the drawings or computations shall supervise such work. In

addition, they shall be responsible for conformity with the permit, provide copies of inspection reports as

inspections are performed, and upon completion make and file with the Building Official written affidavit that the

work has been done in conformity with the reviewed plans and with the structural provisions of the construction

codes. In the event such architect or engineer is not available, the owner shall employ in his stead a competent

person or agency whose qualifications are reviewed by the Building Official.

3.6.3 PLANS. When the Building Official issues a permit, he/she shall endorse, in writing or by stamp, all three

sets of plans. One set of drawings so reviewed shall be retained by the Building Official, one set shall be

returned to the applicant, and one set shall be retained at the site of work. The permitted drawings shall be kept at

the site of work and shall be open to inspection by the Building Official or his/her authorized representative.

3.7 FEES

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3.7.1 PRESCRIBED FEES. A permit shall not be issued until the fees prescribed by the governing body have

been paid. Nor shall an amendment to a permit be released until the additional fee, if any, due to an increase in

the estimated cost of the building, structure, electrical, plumbing, mechanical or gas systems, etc. has been paid.

3.7.2 WORK COMMENCING BEFORE PERMIT ISSUANCE. Any person who commences any work on a

building, structure, electrical, gas, mechanical or plumbing, etc. system before obtaining the necessary permits,

shall be subject to a penalty of 100% of the usual permit fee in addition to the required permit fees.

3.7.3 ACCOUNTING. The Building Official shall keep a permanent and accurate accounting of all permit fees

and other money collected, the names of all persons upon whose account the same was paid, along with the date

and amount thereof.

3.7.4 SCHEDULE OF PERMIT FEES. On all buildings, structures, electrical, plumbing, mechanical and gas

systems or alterations requiring a permit, a fee for each permit shall be paid as required at the time of filing

application, in accordance with the fee schedules as set by the governing body.

3.7.5 BUILDING PERMIT VALUATIONS. If, in the opinion of the Building Official, the valuation of

building, alteration, structure, electrical, gas, mechanical or plumbing systems appears to be underestimated on

the application, permit shall be denied, unless the applicant can show detailed estimates to meet the approval of

the Building Official. Permit valuations shall include total cost, such as electrical, gas, mechanical, plumbing

equipment and other systems, including materials and labor.

3.8 INSPECTIONS

3.8.1 EXISTING BUILDING INSPECTIONS. Before issuing a permit the Building Official may examine or

cause to be examined any building, electrical, gas, mechanical or plumbing systems for which as application has

been received for a permit to enlarge, alter, repair, move, demolish, install, or change the occupancy. He shall

inspect all buildings, structures, electrical, gas, mechanical and plumbing systems from time to time, during and

upon completion of the work for which a permit was issued. He shall make a record of every such examination

and inspection and of all violations of the construction codes.

3.8.2 MANUFACTURERS AND FABRICATORS. When deemed necessary by the Building Official he shall

make, or cause to be made, an inspection of materials or assemblies at the point of manufacture or fabrication. A

record shall be made of every such examination and inspection and of all violations of the construction codes.

3.8.3 INSPECTION SERVICE. The Building Official may make, or cause to be made, the inspections required

by 3.8.6. He/She may accept reports of inspectors of recognized inspection services provided that after

investigation he/she is satisfied as to their qualifications and reliability. A certificate called for by any provision

of the construction codes shall not be based on such reports unless the same are in writing and certified by a

responsible officer of such service.

3.8.4 INSPECTIONS PRIOR TO ISSUANCE OF CERTIFICATE OF OCCUPANCY OR COMPLETION. The

Building Official shall inspect or cause to be inspected at various intervals all construction or work for which a

permit is required, and a final inspection shall be made of every building, structure, electrical, gas, mechanical or

plumbing system upon completion, prior to the issuance of the Certificate of Occupancy or Completion.

3.8.5 POSTING OF PERMIT. Work requiring a permit shall not commence until the permit holder or his/her

agent posts the permit card in a conspicuous place on the premises. The permit shall be protected from the

weather and located in such position as to permit the Building Official or representative to conveniently make the

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required entries thereon. This permit card shall be maintained in such position by the permit holder until the

Certificate of Occupancy or Completion is issued by the Building Official.

3.8.6 REQUIRED INSPECTIONS. The Building Official upon notification from the permit holder or his agent

shall make the following inspections and such other inspections as necessary, and shall either release that portion

of the construction or shall notify the permit holder or his agent of any violations which must be corrected in

order to comply with the Technical Code:

BUILDING

1. Footings and Foundation Inspections: To be made after trenches are excavated and reinforcing steel is in

place and forms erected. Building corners and setback lines are to be surveyed and delineated on site by

the contractor and approved by the Building Official prior to installation of footing or foundation.

2. Frame Inspection: To be made after the roof, all framing, fireblocking and bracing are in place, all rough

trades, including wiring, water and/or gas pipes, chimneys, ducts and vents are completely roughed in.

Windows and doors are installed and prior to building insulation installation.

3. Final Inspection: To be made after the building is completed and ready for occupancy.

ELECTRICAL

1. Underground Inspection: To be made after trenches or ditches are excavated, conduit or cable installed,

and before any backfill is put in place.

2. Rough-In Inspection: To be made after the roof, framing, fireblocking and bracing is in place and prior to

the installation of wall or ceiling membranes.

3. Final Inspection: To be made after the building is complete, all required electrical fixtures are in place

and properly connected or protected, and the structure is ready for occupancy.

PLUMBING

1. Underground Inspection: To be made after trenches or ditches are excavated, piping installed, and before

any backfill is put in place.

2. Rough-In Inspection: To be made after the roof, framing, fireblocking and bracing is in place and all soil,

waste and vent piping is complete, and prior to this installation of wall or ceiling membranes.

3. Final Inspection: To be made after the building is complete, all plumbing fixtures are in place and

properly connected, and the structure is ready for occupancy.

4. Note: See Section 311 of the International Plumbing Code for required tests.

MECHANICAL

1. Underground Inspection: To be made after trenches or ditches are excavated, underground duct and fuel

piping installed, and before any backfill is put in place.

2. Rough-In Inspection: To be made after the roof, framing, fire blocking and bracing are in place and all

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ducting, and other concealed components are complete, and prior to the installation of wall or ceiling membranes.

3. Final Inspection: To be made after the building is complete, the mechanical system is in place and

properly connected, and the structure is ready for occupancy.

GAS

1. Rough Piping Inspection: To be made after all new piping authorized by the permit has been installed,

and before any such piping has been covered or concealed or any fixtures or gas appliances have been

connected.

2. Final Piping Inspection: To be made after all piping authorized by the permit has been installed and after

all portions which are to be concealed by plastering or otherwise have been so concealed, and before any

fixtures or gas appliances have been connected. This inspection shall include a pressure test.

3. Final Inspection: To be made on all new gas work authorized by the permit and such portions of existing

systems as may be affected by new work or any changes in order to insure compliance with all the

requirements of the construction codes and to assure that the installation and construction of the gas

system is in accordance with reviewed plans.

ENERGY

1. Foundation Inspection: To be made before slab concrete is poured in place. To verify that perimeter

insulation has been installed correctly on any slab on grade foundations, if required.

2. Frame Inspection: To be made before exterior wall insulation is concealed by wall board to check

installation of exterior walls insulation and to inspect that all holes and cracks through the structure

envelope have been sealed in an appropriate manner as to restrict air passage.

3. Final Inspection: To be made after the building is completed and ready for occupancy. To verify

installation and R-value of ceiling and floor insulation. To verify correct SEER ratings on appliances.

SWIMMING POOL

1. Site Inspection: Required only for private swimming pools.

2. Initial Construction Inspection: To inspect reinforcing steel or basket inspection and erosion control

inspection.

3. Final Inspection: All swimming pool installations must be completed with all fences, gates, decks,

plumbing equipment, filters, heaters and appliances in place. The pool shall be completely filled with

water and in operation before final inspection.

3.8.7 WRITTEN RELEASE. Work shall not be done on any part of a building, structure, electrical, gas,

mechanical or plumbing system beyond the point indicated in each successive inspection without first obtaining a

written release form the Building Official. Such written release shall be given only after an inspection has been

made of each successive step in the construction or installation as indicated by each of the foregoing three

inspections.

3.8.8. REINFORCING STEEL, STRUCTURAL FRAMES, INSULATION, PLUMBING, MECHANICAL, OR

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ELECTRICAL SYSTEMS. Reinforcing steel, structural frame, insulation, plumbing, mechanical or electrical

work of any part of any building or structure shall not be covered or concealed without first obtaining a release

from the Building Official.

3.8.9 PLASTER FIRE PROTECTION. In all buildings where plaster is used for fire protection purposes, the

permit holder or his agent shall notify the Building Official after all lathing and backing is in place. Plaster shall

not be applied until the release from the Building Official has been received.

3.9 CERTIFICATES

3.9.1 CERTIFICATE OF OCCUPANCY.

3.9.1.1. BUILDING OCCUPANCY. A new building shall not be occupied or a change made in the occupancy,

nature or use of a building or part of a building until after the Building Official has issued a Certificate of

Occupancy. Said Certificate shall not be issued until all required building, electrical, gas, mechanical, plumbing

and fire protection systems have been inspected for compliance with the construction codes and other applicable

laws and ordinances released by the Building Official.

3.9.1.2. ISSUING CERTIFICATE OF OCCUPANCY. Upon satisfactory completion of construction of a

building or structure and installation of electrical, gas, mechanical and plumbing systems in accordance with the

construction codes, reviewed plans and specifications, and after the final inspection, the Building Official shall

issue a Certificate of Occupancy stating the nature of the occupancy permitted, the number of persons for each

floor when limited by law, and the allowable load per square foot for each floor in accordance with the provisions

of the construction codes.

3.9.1.3 TEMPORARY/PARTIAL OCCUPANCY. A temporary/partial certificate of occupancy may be issued

for a portion of a building, which may safely be occupied prior to final completion of the building.

3.9.1.4 EXISTING BUILDING CERTIFICATE OF OCCUPANCY. A Certificate of Occupancy for any

existing building may be obtained by applying to the Building Official and supplying the information and data

necessary to determine compliance with the construction codes for the occupancy intended. Where necessary, in

the opinion of the Building Official, two sets of detailed drawings, or a general inspection, or both, may be

required. When, upon examination and inspection, it is found that the building conforms to the provisions of the

construction codes and other applicable laws and ordinances for such occupancy, a Certificate of Occupancy shall

be issued.

3.9.2 CERTIFICATE OF COMPLETION. Upon satisfactory completion of a building, structure, electrical, gas,

mechanical or plumbing system, a Certificate of Completion may be issued. This Certificate is proof that a

structure of system is complete and for certain types of permits is released for use and may be connected to a

utility system. This Certificate does not grant authority to occupy or connect a building, such as a shell building,

prior to the issuance of a Certificate of Occupancy.

3.9.3 SERVICE UTILITIES

3.9.3.1 Connection of Service Utilities. No person shall make connections from a utility, source of energy, fuel

or power to any building or system which is regulated by the construction codes for which a permit is required,

until released by the Building Official and a Certificate of Occupancy or Completion is issued.

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3.9.3.2 Temporary Connection. The Building Official may authorize the temporary connection of the building or

system to the utility source of energy, fuel or power for the purpose of testing building service systems or for use

under a temporary Certificate of Occupancy.

3.9.3.3 Authority to Disconnect Service Utilities. The Building Official shall have the power to authorized

disconnection of utility service to the building, structure or system regulated by the construction codes, in case of

emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall

notify the service utility, and whenever possible the owner and occupant of the building, structure or service

system of the decision to disconnect prior to taking such action. If not notified prior to disconnecting, the owner

or occupant of the building, structure or service system shall be notified in writing, as soon as practical thereafter.

3.10 POSTING FLOOR LOADS

3.10.1 OCCUPANCY. An existing or new building shall not be occupied for any purpose, which will cause the

floors thereof to be loaded beyond their safe capacity. The Building Official may permit occupancy of a building

for mercantile, commercial or industrial purposes, by a specific business, when he is satisfied that such capacity

will not thereby be exceeded.

3.10.2 STORAGE AND FACTORY-INDUSTRIAL OCCUPANCIES. It shall be the responsibility of the

owner, agent, proprietor or occupant of Group S and Group F occupancies, or any occupancy where excessive

floor loading is likely to occur, to employ a competent architect or engineer in computing the safe load capacity.

All such computations shall be accompanied by an affidavit from the architect or engineer stating the safe

allowable floor load on each floor in pounds per square foot uniformly distributed. The computations and

affidavit shall be filed as a permanent record of the Building Department.

3.10.3 SIGNS REQUIRED. In every building or part of a building used for storage, industrial or hazardous

purposes, the safe flood loads, as reviewed by the Building Official on the plan, shall be marked on plates or

approved design which shall be supplied and securely affixed by the owner of the building in a conspicuous place

in each story to which they relate. Such plates shall not be removed or defaced, and if lost, removed or defaced,

shall be replaced by the owner of the building.

4. TESTS

The Building Official may require tests or test reports as proof of compliance. Required tests are to be made at

the expense of the owner, or his/her agent, by an approved testing laboratory or other approved agency.

5. CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS

5.1 BOARD ESTABLISHED

There is hereby established and constituted a Board to be called the Construction Board of Adjustment and

Appeals. The Governing Body (a/k/a Mayor and City Council) shall be and shall serve as the Construction Board

of Adjustment and Appeals (“Board”).

5.2 MEMBERSHIP AND TERMS

5.2.1 QUORUM AND VOTING. A simple majority of the Board shall constitute a quorum. All members of the

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Governing Body, including the Mayor, shall be voting members of the Board and each member present shall

have one vote. In varying any provision of the construction codes, the affirmative votes of the majority present

shall be required. In modifying a decision of the Building Official, not less than three affirmative votes shall be

required; however, a vote of three to three shall be deemed a denial.

5.2.2 SECRETARY OF BOARD. The City Clerk shall act as Secretary of the Board and shall make a detailed

record of all its proceedings, which shall set forth the reasons for its decision, the vote of each member, the

absence of a member and any failure of a member to vote.

5.3 POWERS

The Construction Board of Adjustments and Appeals shall have the power, as further defined in 5.4, to hear the

appeals of decisions and interpretations of the Building Official and consider variances of the construction codes.

5.4 APPEALS

5.4.1 DECISION OF THE BUILDING OFFICIAL. The owner of a building, structure or service system, or his

duly authorized agent, may appeal a decision of the Building Official to the Construction Board of Adjustment

and Appeals whenever any one of the following conditions are claimed to exist:

1. The Building Official rejected or refused to approve the mode or manner of construction proposed to be

followed or materials to be used in the installation or alteration of a building, structure or service system.

2. The provisions of the construction codes do not apply to this specific cause.

3. That an equally good or more desirable form of installation can be employed in any specific case.

4. The true intent and meaning of the construction codes or any of the regulations thereunder have been

misconstrued or incorrectly interpreted.

5.4.2 VARIANCES. The Construction Board of Adjustments and Appeals, when so appealed to and after a

hearing, may vary the application of any provision of the construction codes to any particular case when, in its

opinion, the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of

this ordinance, the construction codes or public interest, and also finds all of the following:

1. That special conditions and circumstances exist which are peculiar to the building, structure or service

system involved and which are not applicable to others.

2. That the special conditions and circumstances do not result from the action or inaction of the applicant.

3. That granting the variance requested will not confer on the applicant any special privilege that is denied

by the construction codes to other buildings, structures or service system.

4. That the variance granted is the minimum variance that will make possible the reasonable use of the

building, structure or service system.

5. That the grant of the variance will be in harmony with the general intent and purpose of the construction

codes and will not be detrimental to the public health, safety and general welfare.

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5.4.2.1 Condition of Variances. In granting the variance, the Board may prescribe a reasonable time limit within

which the action for which the variance is required shall be commenced or completed or both. In addition, the

Board may prescribe appropriate conditions and safeguards in conformity with the construction codes. Violation

of the conditions of a variance shall be deemed a violation of the construction codes.

5.4.3 NOTICE OF APPEAL. Notice of appeal shall be in writing and filed within 30 calendar days after the

Building Official renders the decision. Appeals shall be in a form acceptable to the Building Official.

5.4.4 UNSAFE OR DANGEROUS BUILDINGS OR SERVICE SYSTEMS. In the case of a building, structure,

or service system, which, in the opinion of the Building Officials, is unsafe, unsanitary or dangerous, the

Building Official may, in his order, limit the time for such notice of appeals to a shorter period.

5.5 RULES AND REGULATIONS

The Board hereby establishes the following rules and regulations for its own procedure:

1. All matters presented to the Board, whether by appeal of a decision of the Building Official or by request

for a variance, shall be heard in an open and public meeting.

2. The hearing shall generally be conducted in the following manner:

(a) The Building Official shall summarize the Notice of Appeal or Variance Request and present any

facts or information pertinent to the appeal or variance. The Board may ask questions of the

Building Official.

(b) The appellant, person requesting the appeal or variance or his/her representative (“Applicant”)

shall be provided the opportunity to be heard. The Applicant may present any evidence,

information, materials or witnesses that the Applicant desires for the Board to consider at arriving

at its determination. The Board shall be allowed to limit the time for presentation by the

Applicant. The time allowed shall not be less than that allowed for the Building Official and in no

case shall the Board allow less than fifteen minutes for presentation time by the Applicant. The

Board, in its discretion may extend the time for presentation by the Applicant.

(c) Public comments are not necessary for the consideration of the Board. However, in its discretion,

the Board may call for comments from the public and shall be allowed to limit the presentation

time of the public collectively to no more than fifteen minutes.

3. In considering a variance request, the Board shall consider and weigh the factors provided in Sections

5.4.2 and 5.4.2.1 above. The burden for proving the necessity of a variance shall be that of the Applicant.

The Board shall use its discretion in weighing the factors found in Sections 5.4.2 and 5.4.2.1.

4. In considering an appeal from a decision of the Building Official, the Board shall consider all evidence,

materials and testimony presented. In making its determination, the Board shall consider whether the

Building Official abused his/her discretion in making the decision being appealed. If the Board

determines the Building Official abused his/her discretion, the Board shall be authorized to change or vary

the decision of the Building Official and shall be permitted to place reasonable conditions on its decision.

The Board shall meet within 45 calendar days after Notice of Appeal has been received or a request for a variance

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has been filed.

5.5.1 DECISIONS. The Construction Board of Adjustment and Appeals shall, in every case, reach a decision

without unreasonable or unnecessary delay. Each decision of the Board shall also include the reasons for the

decision. If a decision of the Board reverses or modifies a refusal, order, or disallowance of the Building Official

or varies the application of any provision of the Construction codes, the Building Official shall immediately take

action in accordance with such decision. Every decision shall be promptly filed in writing in the office of the

City Clerk and a copy shall be maintained by the Building Official and shall be open to public inspection. A

certified copy of the decision shall be sent by mail or otherwise to the appellant. Every decision of the Board

shall be final, subject however to an appeal by writ of certiorari to the Superior Court of Gwinnett County.

6. SEVERABILITY

If any section, subsection, sentence, clause or phrase of the construction codes is for any reason held to be

unconstitutional, such decision shall not affect the validity of the remaining portions of the construction codes.

7. VIOLATIONS AND PENALTIES

Any person, firm, corporation or agent who shall violate a provision of the construction codes, or fail to comply

therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, demolish or move

any structure, electrical, gas, mechanical or plumbing system, or has erected, constructed, altered, repaired,

moved or demolished a building, electrical, gas, mechanical or plumbing system, in violation of a detailed

statement or drawing submitted and permitted thereunder, shall be guilty of violating this ordinance and the

construction codes. Each such person shall be considered guilty of a separate offense for each and every day or

portion thereof during which any violation of any of the provisions of the construction codes is committed or

continued, and upon conviction of any such violation such person shall be punished within the limits and as

provided by state laws. Any fine assessed by a court of competent jurisdiction for a violation of this ordinance

shall not be less than two hundred and fifty dollars ($250.00) nor more than one thousand dollars ($1,000.00).


ARTICLE III.

SWIMMING POOLS

DIVISION 1.

GENERALLY


DIVISION 2. PRIVATE RESIDENTIAL POOLS


The following words, terms and phrases when used in this division shall have the meanings ascribed to

them in this subsection unless the context clearly indicates otherwise:

Person means any individual, partnership, corporation or association.

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Private residential swimming pool means any swimming pool constructed and maintained for a single-

family residence under the control of any individual homeowner or lessee, the use of which is limited to

swimming by members of his family or their invited guests.

Public swimming pool means any swimming pool, including all facilities incident thereto, other than a

private residential swimming pool, constructed and maintained for collective use by numbers of persons for

swimming and operated by any person as defined herein, whether such person be owner, operator, lessee,

licensee, or concessionaire, and regardless of whether a fee is charged.

Swimming pool means any structure containing an artificial body of water, together with piping, chemical

feeders, pumps, filters and other mechanical equipment to control the quality, clarity and flow of the water and

used or intended to be used as a place for swimming, diving, bathing or similar recreational activities. (Code 1988,

§ 5-30)

Sec. 14-72. Compliance with division required.

It shall be unlawful for any person to construct, maintain, install or enlarge any private residential

swimming pool in the city except in compliance with the provisions of this division.

(Code 1988, § 5-31)

Sec. 14-73. Construction permit.

(a) Required. It shall be unlawful for any person to proceed with the construction, installation,

enlargement or alteration of any private residential swimming pool and appurtenances thereto

located in the city without first obtaining a construction permit from the city manager in the

manner herein below set forth.

(b) Application. All applications for a construction permit required hereunder shall be prepared on

forms provided by the city clerk and shall be accompanied by plans and drawings drawn to a

scale of not less than one-eighth of an inch to the foot, on paper or cloth, in ink, or by some

process that will not fade or obliterate. All distances and dimensions shall be accurately figured

and drawings made explicit and complete, showing the lot line, and including information

pertaining to the pool, walk and fence location and construction, water supply system, drainage

and water disposal systems, and all appurtenances pertaining to the swimming pool.

(c) Fee. Each application for a construction permit required by this division shall be accompanied by

a permit fee in the amount of $25.00 for each permit application.

(Code 1988, § 5-32)

Sec. 14-74. Construction and design criteria.

The following construction and design criteria shall apply to all private residential swimming pools for

which a permit is required by this division:

(1) Recirculation required. All pools shall be of the recirculation type in which the circulation of the

water is maintained through the pool by pumps, the water drawn from the pool being clarified and

disinfected before being returned to the pool.

(2) Materials. All pools shall be constructed by use of impervious materials, nontoxic to man, which

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will provide a smooth and easily cleanable surface with not cracks or open joints and which shall be

finished in a light color.

(3) Slope and depth. All pools shall be constructed so as to conform to the following slope and depth

criteria:

a. For water depth less than five feet, the slope of the pool bottom shall be uniform and shall

not exceed one foot of slope per 12 feet. For depths greater than five feet, the slope shall

not exceed one foot per three feet.

b. The maximum depth at the shallow end of the pool shall not exceed three feet, six inches.

c. The minimum depth of water in the pool shall be three feet.

d. The depth of the water at the deepest point in the shallow end and at slope break in the

pool bottom the shallow and deep portions of the pool shall be permanently and

conspicuously marked above water on the pool sides.

e. Walls of a pool shall be either:

1. Vertical water depths at least six feet; or

2. Vertical for a distance of two feet, six inches below the water level, below which

the wall may be curbed to the bottom with a radius equal to the difference

between the depth and two feet, six inches.

(4) Structural stress. Pools shall be designed to withstand the water pressure from within,

and if below ground level, to resist the pressure of the earth when the pool is empty, to a

pressure of 2,200 pounds per square foot.

(5) Walk areas. Unobstructed walk areas not less than 30 inches wide shall be provided to

extend entirely around the pool. The walk area shall be constructed of impervious

material, and the surface shall be smooth, easily cleaned, and of nonslip construction. The

slope of the walks shall have a pitch of at least one -fourth inch to the foot, designed so as to

prevent back drainage from entering the pool.

(6) Fences. All swimming pools for which a construction permit is herein required shall be

completely enclosed by a fence. All fence openings or points of entry into the pool area

shall be equipped with gates. The fence and gates shall be at least four feet, six inches in

height above the grade level. All gates shall be equipped with self-closing and self-latching

devices placed at the top of the gate. Fence posts shall be decay- or corrosion-resistant.

(7) Steps, ladders and handrails. Steps or ladders shall be provided at the shallow end of

pools where the vertical distance from pool bottom to deck level is over two feet. Ladders or

recessed steps shall be provided at the deep portion of the pool. Steps and ladders shall

be constructed of nonslip material with a minimum tread of 12 inches by three inches and

a maximum rise of ten inches. Ladders within the swimming pool shall be corrosion-

resistant and shall be equipped with a handrail at the top of both sides extending not less

than 30 inches above the coping or edge of the deck.

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(8) Skimmers. In every swimming pool at least one skimming device shall be provided.

Skimmers shall be designed and located so as to effectively remove floating oils, wastes and

other materials from the water surface of the entire pool. Skimming devices shall be built

into the pool wall and shall meet the following general specifications:

a. Each skimmer shall be designed for a flow-through rate of at least thirty (30)

gallons per minute or 3.75 gallons per minute per linear inch of weir, and the total

capacity of all skimmers in any pool shall be at least 80 percent of the required

filter flow of the recirculation system.

b. Skimmers shall be automatically adjustable to variations in water level over a

range of at least four inches.

c. An easily removable and cleanable basket or screen through which all overflow

water must pass shall be provided to trap large solids.

d. The skimmer shall be provided with a device to prevent air lock in the suction line.

e. An equalizer line shall be provided with a valve that will remain tightly closed

under normal operating conditions, but which will automatically open at a

differential of not more than four inches between the pool level and the level of

the overflow tank.

f. The overflow weir shall be of sufficient length to maintain a rate of flow of at

least 20 gallons per minute per linear foot of weir lip.

(9) Inlets and outlets. Swimming pool water recirculation inlets and outlets shall be located so

as to produce as far as possible uniform circulation of water throughout the pool without the

existence of dead spots. The area of all outlet openings shall be covered with gratings or

other coverings which are not readily removable by bathers and which will not injure

bathers' fingers. Outlets shall not connect directly to sewers, but shall be installed in such

manner that any sewage backing up from the sewer will overflow to waste receivers and

not reach the pool.

(10) Recirculation and filtration system and appurtenances. The entire recirculation and

filtration system shall be designed for continuous operation and shall have sufficient

capacity to clarify the entire pool volume in eight hours or less, thus providing at least

three turnovers daily. Such system shall consist of pumping equipment, hair and lint

catcher, filters, together with the necessary pipe connections at the pool inlets and outlets,

facilities and pipe connections necessary for backwashing filters, and facilities and

equipment for disinfecting the pool water, as provided below:

a. The recirculation system pump shall have sufficient capacity to discharge the

volume required for an eight-hour turnover of the pool.

b. The pump used for backwashing filters shall have sufficient capacity to provide

a filter backwash rate of at least 12 gallons per minute per square foot of filter

area.

c. A hair and lint catcher or strainer shall be installed on the suction side of the

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circulation pump to prevent hair, lint and other extraneous matter from reaching the

pump and filters. Hair and lint catchers shall be so designed that they can be easily

dismantled for cleaning and inspection, and shall be so located as to be easily

accessible for cleaning.

d. Re-circulating systems shall contain rapid pressure filters. Sufficient filter area

shall be provided to filter the entire contents of the pool in eight hours at the rate of

not more than three gallons per square foot of filter area per minute. The filter

backwashing facilities shall be sufficient to backwash at a rate of 12 gallons per

minute per square foot of filter area. Pressure filters shall be equipped with readily

accessible air relief valves, loss of head or pressure gauges on the inlet and outlet

pipes, and an access head or hole large enough to permit inspection, maintenance

and repair work. Sight glasses that can be easily removed for cleaning shall be

provided in the effluent line from the filter units.

e. Equipment shall be provided for the disinfection of all pool water. Any

disinfection method using materials other than chlorine compounds shall be subject

to the approval of the city manager. Disinfection equipment installed for the use of

chlorine compounds shall have sufficient capacity to maintain a minimum free

chlorine residual of five-tenths parts per million. The disinfectant shall be

introduced into the recirculation system ahead of the filters.

(11) Electrical requirements. All electrical installations provided for, installed and

used in conjunction with private residential swimming pools shall be in

conformance with city ordinances regulating electrical installations.

a. All metal fences, enclosures or railings near or adjacent to swimming pools, which

might become electrically alive as a result of contract with broken overhead

conductors or from any other cause, shall be effectively grounded.

b. Switches, starters, panel boards, and similar electrical equipment shall be located

in areas not readily accessible to swimmers.

c. Each underwater light shall be individually grounded.

d. No overheard or underground electrical wiring shall pass within 15 feet of the swimming

pool enclosure.

(Code 1988, § 5-33)


Every private residential swimming pool shall be equipped with adequate safety devices which may

include one or more throwing ring buoys with line attached, and one or more light but strong poles with blunted

ends, for making reach assists or rescues.

(Code 1988, § 5-34)


No portion of a private residential swimming pool located outside of a building shall be located at a

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distance less than ten feet from any side or rear property line or building line, and all pumps, filters and pool

water disinfection equipment shall be located at a distance not less than ten feet from any side property line.

(Code 1988, § 5-35)


The city manager periodically may inspect all private residential swimming pools to determine whether or

not the provisions of this division and other ordinances and laws of the city regarding health, sanitation and

safety are being complied with.

(Code 1988, § 5-36)


DIVISION 3.

MINIMUM STANDARDS FOR SWIMMING POOLS, PUBLIC SPA POOLS AND BATHHOUSES

Subdivision I.

In General


(a) A regulation establishing minimum standards governing the use and maintenance of swimming

pools, and structures; establishing minimum standards governing supplied utilities and facilities

and other physical things, and conditions essential to make swimming pools and surrounding

premises safe, sanitary and fit for human use; establishing minimum standards governing the

conditions and maintenance of swimming pools and structures; fixing certain responsibilities and

duties of owners, operators and attendants of swimming pools; authorizing the inspection of

swimming pools and structures and providing for the condemnation of all swimming pools and

structures deemed unfit for human use.

(b) This division, upon adoption by the mayor and council of the city shall be known and may be

cited as "The Sugar Hill Swimming Pool Ordinance."

(Code 1988, § 5-51; Ord. of 8-13-1990, § 1)


The following words, terms and phrases when used in this division shall have the meanings ascribed to

them in this section unless the context clearly indicates otherwise:

Design professional means an architect or engineer registered to practice in the state.

Person means any individual, partnership, corporation, and association and may extend and be applied

to bodies, politic and corporate.

Prime design professional means the design professional responsible for the entire project.

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Private residential swimming pool means any swimming pool for a single residence under the control of an

individual homeowner, the use of which is limited to swimming or bathing by family members or their invited

guests. Facilities serving two to five private residences may, upon application, be considered as private under

this regulation.

Public swimming pool means any swimming pool, other than a private residential swimming pool, for

collective use by numbers of persons for swimming or bathing operated by any person as defined herein,

whether he be owner, operator, lessee, licensee, or concessionaire regardless of whether a fee is charged, and all

facilities incident thereto.

Swimming pool means any structure of inert and enduring material such as concrete, masonry, metal, or

other impervious material containing an artificial body of water for swimming, diving, or recreational bathing.

Turnover means the ratio of the volume of water circulated to the capacity of the pool.

(Code 1988, § 5-52)

Sec. 14-103. Applicability of division.

The provisions of this division are applicable to all swimming pools, both public, and residential as

hereinafter designed, located in the city, provided, however, that both public and private residential swimming

pools in existence on the effective date of these regulations, which have permits and are in compliance with the

existing regulations, except in cases of major improvements and/or remodeling shall be approved under this

division; and provided further that swimming pools which serve a restricted clientele only, such as hotels,

motels, apartments, and condominiums, shall not be required to meet the requirements hereof relating to

telephone, showers, toilets, lavatory facilities and dressing rooms where such facilities are readily available in

near or close by structures to all persons who may use the swimming pool.

(1) Permits (public). It shall be a violation of this division for any person to operate a public

swimming pool in the city who does not possess an unrevoked operating permit from the director of

the county board of health. Only persons who comply with all the requirements of this division

shall be entitled to receive and retain such a permit. Such a permit may be temporarily suspended

by the director of the county board of health upon the violation by the holder of any of the terms of

this division; or revoked after an opportunity for a hearing by the director of the county board of

health upon serious or repeated violations.

(2) Inspection of swimming pools (public). Periodically, the director of the county board of health, or

his duly appointed representative shall inspect every operating swimming pool located within the

city. In the event the director or his representative discovers the violation of any item relative to

sanitation and safety, he shall make a second inspection after the lapse of such time as he deems

necessary for the defect to be remedied and the second inspection shall be used to determine

compliance with the requirements of this division. Any violation of the same item of the

regulation on the second inspection shall be grounds for the immediate suspension of the permit

to operate for that particular pool.

(Code 1988, § 5-53; Ord. of 8-13-1990, § 3)

Sec. 14-104. Plans and specifications.

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The plans shall be drawn to scale and shall be accompanied by complete specifications so as to permit a

comprehensive review of the plans including the piping and hydraulic details and shall include:

(1) A plan and sectional view with all the necessary dimensions of both the pool and surrounding

areas.

(2) Complete site drainage details including diversion ditches for surface run-off.

(3) A piping diagram showing all appurtenances, including treatment facilities in sufficient detail, as

well as pertinent elevation data, to permit a hydraulic analysis of the system.

(4) Specifications shall contain details of all treatment equipment, including performance

characteristics of pumps, chlorinators, chemical feeders, filters, strainers, interceptors and related

equipment.

(Code 1988, § 5-54; Ord. of 8-13-1990, § 4)


(a) The water supply for all pools, showers, lavatories, drinking fountains, and any other uses in

conjunction with the pool shall be adequate and shall comply with all requirements of the

Georgia Safe Drinking Water Act of 1977 and the rules and regulations promulgated by the

Department of Natural Resources.

(b) The water distribution system serving the swimming pool shall be protected against backflow by

means of an air gap, not less than two service pipe diameters in width, between the service pipe

and the flood rim of the receiving vessel, or backflow prevention device approved by county

planning and development department and the director of the county board of health or his

designated representative.

(Code 1988, § 5-55; Ord. of 8-13-1990, § 5)

Sec. 14-106. Structure design and materials.

(a) Swimming pools shall be designed and constructed to withstand all structural stresses including

external hydrostatic pressures and flotation.

(b) Public swimming pools shall be constructed of inert and enduring materials, nontoxic to man,

which will provide a smooth and easily cleanable surface with no cracks or open joints, and shall

be finished in a light color. Interior corners shall be covered with a minimum radius of six inches.

(Code 1988, § 5-56; Ord. of 8-13-1990, § 6)

Sec. 14-107. Steps, ladders and handrails.

Steps or ladders shall be provided at the shallow end of pools where the vertical distance from pool

bottom to deck level is over two feet. Recessed steps or ladders shall be provided at the deep portion of the pool and

if the pool is over 30 feet wide, such steps or ladders shall be installed on each side. A means of egress shall be

provided for each 75 feet of pool perimeter.

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(1) Steps shall be of non-slip design with minimum tread of 12 inches and maximum rise of 12

inches. Abrupt drops, or submerged projections into the pool shall be guarded by handrails.

(2) Ladders shall be corrosion-resistant and shall be equipped with non-slip treads. They shall be

designed to provide a hand hold and shall be rigidly installed with clearance between the ladder

and the pool wall not less than three inches nor more than six inches.

(3) Steps inserted in the pool wall shall be of easily cleanable construction, designed to drain into the

pool, and shall be at least 14 inches wide and five inches deep and a maximum of 12 inches

vertical spacing.

(4) Ladders within the swimming pool shall be equipped with a handrail at the top of both sides

thereof extending not less than 30 inches above the coping or edge of the deck.

(Code 1988, § 5-61; Ord. of 8-13-1990, § 11)

Sec. 14-108. Fences, barriers and gates.

An effective fence or barrier, not less than four feet high, shall be provided on the outer side of the walk

area to prevent spectators in street attire from traversing the pool walk and prohibit access of unattended children

and animals to the pool. There shall be no more than four inches of clearance between the bottom of the fence

barrier and ground surface or pool deck. Any gates shall be located at the shallow end of the pool and shall be self-

closing and have a lockable self-latching device. Where pools serve special purposes, such as a therapeutic pool,

wavier of this requirement may be acceptable.

(Code 1988, § 5-64(3); Ord. of 8-13-1990, § 14)

Sec. 14-109. Electrical.

All electrical materials and workmanship shall be in compliance with the Standard Building Code and

current adopted edition of the National Electrical Code.

(1) In all installations to be used at night, pools, deck areas, dressing rooms, toilets, equipment

rooms, chemical rooms, and concessions shall be lighted in accordance with the following

minimum standards:

a. Underwater lighting.

1. Indoor, 100 lamp lumens/square foot of pool surface.

2. Outdoor, 60 lamp lumens/square foot of pool surface.

b. Deck lighting, footcandles maintained in service.

(Public Only) Outdoor Indoor

Exhibition 20 F.C. 50 F.C.

Recreation 10 F.C 30 F.C.

Min. mounting ht. 30 feet 20 feet

c. Dressing rooms, toilets and accessory areas. Lighting in dressing rooms, toilets,

equipment rooms, chemical rooms, concessions, and related areas shall be in compliance

with the above -referenced codes.

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(2) Switches, starters, panelboards and similar electrical equipment shall be located in areas not

readily accessible to bathers.

(3) Each underwater light shall be individually grounded.

(4) No overhead electrical wiring shall pass within 20 feet of the swimming pool enclosure.

(Code 1988, § 5-66; Ord. of 8-13-1990, § 16)


The entire recirculation and filtration system shall be designed for continuous operation and shall have

sufficient capacity to clarify the entire pool volume in eight hours or less thus providing at least three turnovers

daily. Where separate wading pools are provided for children recirculation capacity shall provide for complete

turnover of the wading pool content every two hours or less. The pool turnover rate of eight hours will provide

satisfactory water quality under "normal" conditions. Turnover rates of less than eight hours should be

considered when the maximum patron load can be expected for extended periods and/or the environmental

conditions (temperature, sunshine, debris, wind, etc.) are expected to be extreme.

(1) A rate-of-flow indicator, reading in gallons per minute, and a flow regulating valve shall be

installed and located so that the rate of recirculation and backwash rate will be indicated and can be

controlled.

(2) All recirculation and filtration equipment that requires adjustment and maintenance, and sight-

glasses, dials or meters that must be recorded, shall be readily accessible and have unobstructed

clearance from walls, ceilings, and other equipment, and shall be well lighted.

(3) Swimming pool heaters when used shall be certified by a nationally recognized organization and

shall be in compliance with the National Gas and Electrical Codes.

(Code 1988, § 5-67)

Sec. 14-111. Pumping equipment.

Pumps and motors shall have sufficient capacity to provide the required number of turnovers specified in section

14-110 above and for providing adequate flow and head to backwash filters at rates set forth below:

(1) Recirculation pumps shall be located below the pool water level to provide positive pressure on

the suction side or positive priming method shall be provided. A check valve shall be installed on

the pump discharge line.

(2) Requirements for filtration shall be based upon the maximum head loss developed immediately

prior to backwashing the filters.

(3) Additional head of five percent to ten percent should be added for pump ware, piping

changes etc. (safety factor).

(Code 1988, § 5-68)

Sec. 14-112. Piping.

Pool piping shall be detailed on the plans as to size and material. Buried flexible plastic pipe shall not be

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used. Piping shall be of nontoxic material, resistant to corrosion, and be able to withstand operating pressures.

Plastic pipe, when used shall be NSF approved. Piping shall be in compliance with the state plumbing code.

(1) Piping shall be designed to carry the required quantity of water at a maximum velocity not to

exceed six feet per second on piping to the suction side of the recirculation pump and not to

exceed ten feet per second in discharge lines.

(2) Piping shall be positively supported to prevent settlement which may cause air pockets or

sediment traps or rupture of lines. Piping shall be provided with uniform slope and with positive

means of draining water to prevent damage from freezing.

(3) Valves shall be provided to cut off flow during cleaning or inspection of strainers and pumps.

(Code 1988, § 5-71; Ord. of 8-13-1990, § 21)

Sec. 14-113. User load computation.

In computing user loading, those portions of the swimming pool five feet or less in depth shall be

designated as "non-swimming" areas and those portions over five feet in depth shall be designated as "swimmer

areas." To compute the in pool swimmer and bather capacity, swimming pool areas shall be determined as

follows:

(1) Ten square feet of pool water surface area shall be provided for each non-swimmer expected at

time of maximum load.

(2) Twenty-four square feet shall be provided for each swimmer expected at time of maximum load.

(3) Three hundred square feet of pool water surface area shall be reserved around each diving board or

diving platform and this area shall not be included in computing the area of the swimming section.

During the preliminary design phase of a swimming pool facility, the owner (operator), prime

design professional, and the governing authority should agree on pool and deck capacities,

depending on the establishment or area served. In general, the experience and knowledge of the

area by the governing authority should be the prime factors in capacity determinations.

(Code 1988, § 5-77; Ord. of 8-13-1990, § 27)

Sec. 14-114. Administration and enforcement; variance.

This chapter shall be administered by the director of the county board of health, who shall have the

authority to grant a variance from the requirements of this chapter as follows:

(1) Where it is demonstrated to the satisfaction of the director that strict compliance with the

standards would result in practical difficulty to or induce hardship upon the property owner due to

special conditions or cause;

(2) Where the public or private interest in granting of the variance is found by the director to clearly

outweigh the interest of the application of uniform rules; and

(3) Where such alternative measures are provided which in the opinion of the director will provide

adequate public health and safety protection.

237

In granting a variance, the director may attach thereto any condition which may be deemed advisable so that

the purpose of this chapter will be served, public health, safety and welfare secured. Such variance shall not

waive any requirement of other federal, state, or county codes which may also be applicable to the design,

construction or operation of any items covered by these health regulations.

(Code 1988, § 5-85; Ord. of 8-13-1990, § 35)

Sec. 14-1 15. Conflict with other codes, laws or regulations.

Nothing in this division is intended to, nor will it serve to supersede any other federal, state, or county

code, regulation, or ordinance. Where a conflict may be deemed to exist, the stricter shall apply. (Code 1988, §

5-87; Ord. of 8-13-1990, § 37)


(a) This article, upon adoption by the city, shall be enforced by the county board of health, as a duly

adopted ordinance of the city. Any person violating any provision in this division shall be guilty

of violating a duly adopted ordinance of the city, and upon conviction by a court of competent

jurisdiction shall be punished either by a fine not to exceed $500.00, or by confinement in the

county jail for a total term not to exceed 60 days.

(b) The court shall have the power and authority to place any person found guilty of a violation of

this division on probation and to suspend or modify any fine or sentence. As a condition of such

suspension, the court may require payment of restitution or impose other punishment allowed by

law.

(Code 1988, § 5-88; Ord. of 8-13-1990, § 38)

Secs. 14-117--14-140. Reserved.

Subdivision I.

Public Pools

Secs. 14-141. Shape, slope and depth.

The pool shall be designed and constructed so that efficient and safe control of the pool and bathers can be

accomplished.

(1) For water depth less than five feet the slope of the pool bottom shall be uniform and shall not

exceed one foot of slope in 12 feet. For depths greater than five feet the slope shall not exceed

one foot in three feet.

(2) The maximum depth at the shallow end of the pool shall not exceed three feet, six inches, except

for competitive or special purpose pools.

(3) The minimum depth of water in pools shall be three feet except for special instructional pools or

for restricted or recessed areas in general pools which are set aside primarily for the use of

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children. Such areas when included as part of the pool shall be separated from the pool by proper

means of a safety line supported by buoys and attached to the side walls.

(4) The depth of the water at the deepest point, at the shallow end, and at slope break in the pool

bottom between the shallow and deep portions of the pool shall be permanently and

conspicuously marked above water at pool sides and deck. Markers shall be visible at night

under artificial illumination where night swimming is permitted.

(5) Walls of a pool shall be either vertical for water depths of at lease six feet, or vertical for a

distance of two feet, six inches below the water level, below which the wall may be curved to the

bottom with a radius equal to the difference between the depth and two feet, six inches.

Sec. 14-142. Inlets and outlets.

Inlets and outlets to pools shall be arranged so as to get effective and uniform circulation of the

incoming water throughout the pool.

(1) A sufficient number of inlets shall be provided to obtain adequate circulation and prevent dead

spots. A maximum spacing of 20 feet shall be provided between inlets.

(2) Maximum flow rates (in gpm) through various fixed inlet branches shall be not more than as

listed below:

Size (inches) GPM

1 10

1 1/4 20

1 1/2 30

2 50

(3) All inlets shall be designed as adjustable orifices, or shall be individually valved, and shall be

submerged not less than 24 inches below overflow level to reduce the escape of disinfecting

agents. Inlets shall be flush with the pool wall. Proprietary inlet systems that are part of a gutter or

skimmer system and do not meet all of the above inlet requirements may be considered to meet

the requirements of this division if the inlet system meets the intent of the above requirements,

has been proven to operate satisfactorily, and or acceptable to the director of the county board of

health or his representative.

(4) Two or more outlets shall be provided at the deepest point of the pool to permit the pool to be

completely drained. Each low point in the pool shall be adequately served by an outlet.

(5) Outlets shall be spaced not more than 30 feet apart and not more than 15 feet from the side walls.

(6) The area of all outlet openings shall be covered with gratings or other coverings which are not

readily removable by bathers.

(7) Net openings in each floor outlet covering or grating shall be at least four times the area of the

discharge pipe or shall provide sufficient area so that the maximum velocity of the water passing the

grate will not exceed 1 1/2 feet per second. The width of the opening on the grating shall be not

239

less than one-half inch and not more than one inch.

(8) Outlets shall not connect directly to sewers but shall be installed in such a manner that any

sewage backing up from the sewer will overflow to waste and cannot reach the pool. Pool

drainage, valves and pumps shall be sized to prevent surcharge of the sanitary sewer.

(Code 1988, § 5-58; Ord. of 8-13-1990, § 8)

Sec. 14-143. Overflow facilities.

Positive means shall be provided for continuous removal of scum, sputum and floating debris from the

pool surface. Drainage from overflow facilities shall be discharged to waste or to a make-up or surge tank.

(1) Standards for overflow gutters. Overflow gutters where used shall meet the following standards:

a. Overflow gutters shall extend completely around the swimming pool except at steps or

recessed ladders. The lip of the gutter shall be level and shall be designed to serve as a

handhold for bathers.

b. Overflow gutters shall be smooth finished and of open, roll-over or semi-recessed type,

except overflow gutters for water-level deck type public swimming pools may be

countersunk in a deck sloped to drain from the gutter and such gutters shall be covered by

a flush mounted grating.

c. Overflow gutters shall be designed to permit ready and effective cleaning and to prevent

accidental entrapment of bather's arms or legs.

d. Overflow gutter and outlet design shall provide for continuous removal of not less than

50 percent of the re-circulated water for return to the filter or to waste.

e. Overflow gutters shall be provided with drainage outlets of two inches minimum

diameter at intervals of not more than 15 feet. Outlets shall be covered by removable

gratings.

(2) Standards for skimmers. Skimmers, where used shall comply in all respects with appropriate

standards of the National Sanitation Foundation regarding design, operation and safety and shall

meet the following standards:

a. Skimmers may be used in lieu of overflow gutters provided the circulation system is

designed to produce substantial circulatory movement to pool water for promotion of

skimming and of uniform disinfectant distribution and provided a handhold equivalent to

bullnose coping with outer two inches not over 2 1/2 inches thick is extended around the

pool perimeter not more than nine inches above the normal water level.

b. Skimmers shall be designed for a flow through rate of at least 30 gallons per minute and

the total capacity of all skimmers in any pool shall be at least 80 percent of the required

filter flow of the recirculation system. Each skimmer shall be provided with a valve for

equalization of flow.

c. Skimmers shall be built into the pool wall and the weir shall be automatically adjustable to

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water level variations over a range of at least four inches. At least one skimmer shall be

located to oppose the prevailing wind.

d. Skimmers shall be designed and located to effectively remove floating materials from the

water surface of the entire pool area. At least one skimmer shall be provided for each 500

square feet of water surface area or fraction thereof.

e. Skimmers shall be provided with an easily removable and cleanable screen or basket to trap

large solids.

f. Skimmers shall be designed or equipped to prevent air lock in the suction line, if used,

shall be sized to meet capacity requirements of the filter and pump and in no case shall be

less than two inches in diameter. Equalizer lines shall be installed at least one foot below

the lowest weir level and equipped with valves or devices to remain closed at normal

operating conditions but automatically open when water level drops two inches below the

lowest weir level.

Sec. 14-144. Hose and connections.

Sufficient hose connections, at least three-quarters inch in diameter, shall be provided for cleaning the

pool, decks, walks, toilets, dressing rooms and other flooded areas used in connection with pools and

bathhouses. Hose connections shall be fitted with an approved vacuum breaker.

(Code 1988, § 5-60; Ord. of 8-13-1990, § 10)

Sec. 14-145. Wading pools.

Wading pools for non-swimming children may be independent auxiliary pools or may be restricted areas of

a general swimming pool. All applicable sections of this standard shall apply to wading pools.

(1) Restricted areas of swimming pools set aside for use as wading pools shall be separated from the

main body of the pool by means of a safety line attached to the side walls and supported by buoys.

This restricted area of the swimming pool shall have a turnover rate of once every two hours or

less with inlets and outlets and overflow facilities sized accordingly.

(2) Independent wading pools shall have maximum depth of not more than 18 inches; the bottom shall

be nonabrasive, shall have a non-slip finish and shall be sloped toward a drain at not more than

three inches in ten feet nor less than one inch in ten feet. Such wading pools shall be served by a

swimming pool recirculation system with turnover rates of once every two hours or less.

(Code 1988, § 5-62; Ord. of 8-13-1990, § 12)

Sec. 14-146. Spray pools.

(a) Spray pools are small independent artificial pools for non-swimming children into which water is

sprayed but is not allowed to pond. Spray pools may be supplied by the swimming pool

recirculation system or by water meeting the same quality requirements from other sources with

all drainage to waste. All applicable sections of this standard shall apply to spray pools.

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(b) Spray pool bottoms shall be nonabrasive, shall have a non-slip finish, and shall be sloped toward

a drain at not more than three inches in ten feet nor less than one inch in ten feet.

(Code 1988, § 5-63)

Sec. 14-147. Deck areas.

A clear and unobstructed paved deck or walkway shall extend completely around the pool; deck width

shall be at least five feet measured from the pool side edge, except at the deep end where there is a diving board and

width shall be at least ten feet.

(1) Deck drainage shall be conducted away from the pool area and shall be pitched to drains designed

to conduct drainage from the pool to points of disposal in a manner that will not create unsanitary,

hazardous or objectionable conditions. Decks shall be sloped no less that one-quarter inch per foot.

(2) Decks shall have a non-slip surface and shall be of a material and finish that can be cleaned by

hosing.

(3) An effective fence or barrier, not less than four (4) feet high, shall be provided on the outer side

of the walk area to prevent spectators in street attire from traversing the pool walk and prohibit

access of unattended children and animals to the pool. There shall be no more than four (4) inches

of clearance between the bottom of the fence barrier and the ground surface or pool deck.

Any gate(s) shall be located at the shallow end of the pool and shall be self-closing and have a

lockable self-latching device. Where pools serve special purposes, as therapeutic pool, waiver of

this requirement may be acceptable.

(Code 1988, § 5-64(1), (2); Ord. of 8-13-1990, § 14)

Sec. 14-148. Diving areas and equipment.

(a) At least 15 feet of free and unobstructed head room shall be provided above diving boards.

(b) Diving boards steps and ladders shall be of corrosion-resistant material, easily cleanable and

non-slip design, and kept in good repair. Handrails shall be provided at all steps and ladders

leading to diving boards with elevations one meter or more high shall be protected with guard

railings.

GRAPHIC UNAVAILABLE: Click here/.

Board Height Over

Water

Minimum Dimensions

D1 D2 L1 L2 L3 26" (2/3 m.) 7' - 0" 8' - 6" 2' - 6" 8' - 0" 10' - 6"

242

30" (2/3 m.) 7' - 6" 9' - 0" 3' - 0" 9' - 0" 12' - 0"

1 Meter 8' - 6" 10' - 0" 4' - 0" 10' - 0" 15' - 0"

3 Meter 11' - 0" 12' - 0" 6' - 0" 10' - 6" 21' - 0"

Note: Placement of boards shall observe the following minimum dimensions. With multiple board installations

minimum pool widths must be increased accordingly.

(1) One meter or dock level board to pool side: nine feet (2.74m).

(2) Three meter board to pool side: 11 feet (3.35m).

(3) One meter or dock level board to three meter board: ten feet (3 .05m).

(4) One meter or dock level to another one meter or dock level board: eight feet (2.44m).

(5) Three meter to another three- meter board: ten feet (3 .05m).

(Code 1988, § 5-65; Ord. of 8-13-1990, § 15)

Sec. 14-149. Hair and lint strainer.

A strainer shall be provided on the suction side of the pump to prevent hair, lint and other matter from

reaching the pump and filters. Strainers shall be corrosion resistant with openings not over one-eighth inch in

width and with a size providing a free flow area at least four times the area of the pump suction line and shall be

readily accessible for frequent cleaning.

(Code 1988, § 5-69; Ord. of 8-13-1990, § 19)

Sec. 14-150. Suction cleaner.

A suction cleaner, either built in or portable type, shall be provided for removing sediment from the pool

floor and shall be capable of reaching all parts of the pool floor. Built- in cleaners shall provide sufficient

connections in the pool walls at least eight inches below the water line. Portable or jet-type units shall be

provided with backflow protection for the water systems.

(Code 1988, § 5-70; Ord. of 8-13-1990, § 20)

Sec. 14-151. Disinfectant feeders.

Equipment and piping used to apply disinfectant chemicals to the water shall be of such size, design and

material that they may be cleaned. Feeders shall not be cross-connected with potable water systems. Material

used for such equipment and piping shall be resistant to the action of chemicals to be used therein.

(1) A means of disinfecting the pool water which provides a residual agent in the pool water shall be

used. The disinfecting agent shall be subject to simple field tests for determination of

concentration. Chlorination or other disinfectant feeders shall be capable of supplying at least the

equivalent of one pound of available chlorine per eight hours per 10,000 gallons of pool capacity;

rate of feed shall be adjustable and shall be indicated on the feeder.

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(2) Chlorinators or other disinfectant feeders shall be of sturdy construction and materials which will

withstand wear, corrosion or attack by disinfectant solutions or vapors and which are not adversely

affected by repeated adjustments or other conditions anticipated in the use of the device. The

feeder shall be easily disassembled for cleaning and maintenance and shall be designed and

constructed to minimize stoppage from chemicals used. Feeder design shall include fail-safe

features to prevent the disinfectant feeding directly to the pool or its components under any type of

failures of equipment or maintenance.

(3) Disinfectant feeders shall have a graduated and clearly marked dosage adjustment to provide

flows from full capacity to ten percent of such capacity. The device shall be capable of

continuous delivery within ten percent of the dosage at any setting.

(4) When the disinfectant is introduced at the suction side of the pump, a device shall be provided to

prevent air lock of the pump or recirculation system.

(5) When chlorine gas is used the following additional features shall be provided:

a. The chlorine and chlorinating equipment including scales and one extra chlorine cylinder,

shall be in a separate well- ventilated room. Floors of such rooms shall not be below

ground level. The rooms shall be provided with an exhaust fan located at floor level and

vented to the out-of-doors. Exhaust fan shall produce a complete exchange of air in two

minutes. Louvers shall be provided at the top of the room on the wall opposite the exhaust

fan for admitting fresh air. The room shall be sealed (air tight) from adjacent rooms to

prevent chlorine gas circulation.

b. The door of the chlorine and chlorinated equipment room shall not open to the swimming

pool or filter room and shall open to the out-of-doors. A viewing window and exterior-

controlled artificial illumination and exhaust fan shall be provided so that essential

performance of the equipment may be observed without/before entering the room.

c. Facilities shall be provided for anchoring chlorine cylinders to a wall or other support to

prevent their falling over.

d. The chlorinator shall be a solution feed type, capable of delivering chlorine at its

maximum rate without releasing chlorine gas to the atmosphere.

e. The chlorinator shall be designed to prevent the backflow of water into the chlorine

solution container. All piping containing chlorine gas either under pressure or under

vacuum shall be located in chlorine equipment room.

f. A closed gas mask cabinet, accessible without a key, shall be located outside of the

chlorinator room. The cabinet shall be equipped with a gas mask designed for use in a

chlorine atmosphere and of a type approved by the U.S. Bureau of Mines.

g. Installation of chlorinator equipment, and initial operation thereof, shall be under the

supervision of personnel experienced with the installation and operation of such

equipment.

(6) When a hypochlorite solution is to be fed through hypochlorinator equipment, such equipment

244

shall also provide the following additional features:

a. Feed shall be positive under all conditions of pressure in the circulation system.

b. A method shall be provided for reducing to a minimum the entry into a swimming pool of

free calcium released from calcium hypochlorite.

c. A method shall be provided to prevent siphoning of hypochlorite solution when the

recirculation pump and hypochlorinator are both turned off.

(Code 1988, § 5-72; Ord. of 8-13-1990, § 22)

Sec. 14-152. Filtration equipment.

Filter shall be capable of maintaining water in the pool which meets physical standards set forth in this

section. Sufficient filtering area shall be provided to meet the design pump capacity as required by this section.

Filters shall comply in all respects with appropriate standards of the National Sanitation Foundation regarding

material, design, operation and safety.

(1) A sight glass shall be installed on the waste discharge line of pressure filters to observe the

progress of filters washing. The filter system shall be provided with influent and effluent pressure,

vacuum or compound gauges as are required to indicate the condition of the filter and gauges shall

be provided with shut-off cocks. Air-relief valves shall be provided at the high point of the filter. In

vacuum filter installation where the circulating pump is two horse-power or higher an adjustable

high vacuum shut-off shall be provided to prevent damage to the pump by cavitation.

(2) Rapid sand filters shall be designed for a filter rate to the swimming pool of not more than three

gallons per minute per square foot of bed area at a time of maximum head loss with sufficient

area to meet the design rate of flow required by the prescribed turnover.

a. For standard underdrain systems not less than 20 inches of screened sharp filter sand with

effective size between 0.4 and 0.55 mm., and a uniformity coefficient not exceeding 1.75

supported by at least ten inches of graded filter gravel shall be provided. A reduction in

this depth or elimination of gravel may be permitted where equivalent performance and

service are demonstrated.

b. At least 12 inches of freeboard shall be provided between the upper sand surface and the

backwash overflow invert.

c. Each pressure filter unit shall be provided with an access opening of not less than a

standard 11 inches by 15 inches manhole and cover.

d. Facilities shall be provided for adding chemicals for coagulation and pH control.

e. Filter piping shall be designed and valved to permit individual backwashing of filters to

waste at not less than 15 gallons per minute per square foot of filter area, to permit

isolation of individual filters for repairs while keeping others in service to permit complete

drainage, and to permit maintenance, operation and inspection in a convenient manner.

f. Sampling cocks shall be provided to enable sample collection of pool water as it leaves

the pool and as it leaves the filters.

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(3) Diatomaceous earth filters shall be designed for a filter rate to the swimming pool of not more

than two gallons per minute per square foot of effective filtering surface without continuous body

feed and not greater than 2.5 gallons per minute per square foot with continuous body feed.

a. Appurtenances shall be provided for pre-coating with diatomaceous earth slurry.

Provisions for re-circulating during the pre-coating operation shall be made where filters

permit passage of earth through elements during pre-coating operations. Sight glass will be

required for pressure filters.

b. Where body feed is provided, the device shall be accurate +/- 10 percent and shall be

capable of continually feeding within a calibrated range, adjustable from two to six ppm, at

the design capacity of the re-circulating pump.

c. Filtering area, where fabric is used, shall be determined on the basis of effective filtering

surfaces as created by the septum supports with no allowances for area of impaired

filtration, such as broad supports folds or portions which may bridge.

d. Filters shall be equipped for cleaning by one or more of the following methods: back-

washing, air-bump-assist backwashing, spray wash (mechanical or manual), or agitation.

e. Provisions shall be made for completely and rapidly draining the filter.

(4) High rate sand filters shall be designed for a filter rate to the swimming pool of not more than 20

gallons per minute per square foot of filtering surface shall meet the standards set forth in

subsections (1) and (2) of this section.

(5) Cartridge filters shall be designed for filter rate to the swimming pool of not more than 0.33

gallons per minute per square foot of effective filter area.

a. Filters shall be equipped with at least influent and effluent pressure gauges with gauge

cocks and air-relief valve.

b. Two sets of filter cartridges shall be provided to facilitate cleaning and drying of one set

while the other is in operation. Disposable cartridges shall be replaced when initial

filtration rate is impaired by clogging.

(Code 1988, § 5-73; Ord. of 8-13-1990, § 23)

Sec. 14-153. Make-up water facilities.

All pools shall be equipped with provisions for adding make-up water to compensate for water loss

through evaporation and to waste so that a constant water level is maintained while the pool is in operation to

enable continuous into skimmers or overflow gutters. (Code 1988, § 5-74; Ord. of 8-13-1990, § 24)

Sec. 14-154. Disinfection and water quality.

The chemical, physical, and bacteriological quality of pool water shall be such that it is sanitary, clear,

and safe for swimming.

(1) Swimming pools when open or in use shall be continuously disinfected by a chemical which

246

imparts and easily measures free available residual effect. When chlorine is used without

stabilizing chemical such as cyanuric acid and the source of residual chlorine is from elemental

chlorine or a hypochlorite solution, a free chlorine residual of at least 0.5 ppm at pool pH shall be

maintained throughout the pool. If other halogens are used, residuals of equivalent disinfecting

strength shall be maintained. A testing kit for measuring the concentration of the disinfectant,

accurate within 0.1 ppm shall be provided at each swimming pool. Where cyanuric acid is used as

a stabilizing agent of residual chlorine or if the source of residual chlorine is from a chlorinated

cyanurate, a chlorine residual of at least 1.0 ppm shall be maintained with cyanuric acid residual of

25 ppm and at least 1.5 ppm chlorine shall be maintained with cyanuric acid residuals of 50 ppm.

The cyanurate level shall not be greater than 100 ppm. A testing kit for measuring the

concentration of cyanuric acid, accurate within 5.0 ppm shall be provided at each swimming pool

using cyanuric acid or chlorinated cyanurates.

(2) Other disinfecting materials or methods shall be acceptable after they have been adequately

demonstrated to provide a satisfactory residual effect which is easily measured and to otherwise be

equally as effective under conditions of use as the chlorine concentration required herein, and not

be dangerous to public health, create objectionable physiological effect, or impart toxic properties

to the water.

(3) The swimming pool water shall be maintained in an alkaline condition as indicated by a pH of

not less than 7.2 and not over 8.0. A pH testing kit accurate within 0.2 pH shall be provided at

each swimming pool. A total alkalinity of the water shall be at least 80 ppm.

(4) The water shall have sufficient clarity at all times so that a black disc, three inches in diameter, is

readily visible when placed on a white field at the deepest point of the swimming pool.

(5) Not more than 15 percent of the samples covering any considerable period of time shall either

contain more than 200 bacteria per milliliter, as determined by the standard 35-degree Celsius,

agar plate count, or show positive test (confirmed test) for coliform organisms in any of the five

ten-milliliter portions of a sample or more than 1.0 coliform organism or 50 ml when the

membrane filter test is used. All samples shall be collected, dechlorinated, and examined in

accordance with the procedures outlined in the latest edition of Standard Methods for the

Examination of Water and Wastewater (APHA).

(6) Chemicals used for algae control and in the control of water quality shall be registered by the

federal environmental protection agency as applicable and used in accordance with label

directions.

(Code 1988, § 5-78; Ord. of 8-13-1990, § 28)


Life saving and emergency first aid equipment and facilities shall be provided at all swimming pools. A

telephone and list of emergency numbers including physicians, ambulance and hospital should be provided.

(1) A life line shall be provided at or near the break of grade between the shallow and deep portions of

a public swimming pool with its position marked with colored floats at not greater than five foot

spacing. Life line shall be three-fourths- inch minimum diameter and its terminals shall be

securely anchored and of corrosion resistant material and of a type which will be recessed or have

no projections which will constitute a hazard;

247

(2) Every swimming pool shall be equipped for safety and rescue with one or more light but strong

poles (bamboo or other), or shepherds’ crook having, a blunt end and which is not less than 16

feet in length for making reaching assists or rescues;

(3) Every pool shall be equipped with one or more throwing buoys of not more than 18 inches in

diameter with a one-fourth-inch line attached at least equal in length to the maximum width of the

pool plus ten feet;

(4) Lifesaving equipment described in subsections (2) and (3) of this section shall be mounted in

conspicuous places near the pool edge, ready for access, its function plainly marked, kept in

good repair and ready condition, and bathers or others shall not be permitted to tamper with it,

use it for any purpose other than its intended use, or remove it from its established location;

(5) Every swimming pool shall be equipped with a standard 24-unit first aid kit. The first aid kit

shall be kept filled and readily accessible for emergency use. A backboard is advisable for

isolated areas and for large pools. The governing authority can require additional first aid

materials depending on distance of pool to medical facilities and availability of emergency

medical services; and

(6) One lifeguard chair should be provided for each 2,000 square feet of pool surface area or fraction

thereof. If a pool is more than 40 feet wide and requires more than one lifeguard stand, these

stands should be located on opposite sides of the pool.

(Code 1988, § 5-81; Ord. of 8-13-1990, § 31)

Secs. 14-156--14-180. Reserved.

Subdivision I.

Spas


The following words, terms and phrases when used in this subdivision shall have the meanings ascribed to


Private residential spas means any pool as defined in section 14-102, but for a single-family residence

under the control of the individual homeowner, the use of which is limited to members of his family or their

invited guests.

Public spas, including hot tubs and recreational whirlpools, means any pool other than a private

residential pool primarily designed for individual or small group bathing with circulated water which may

employ tempered water, air induced bubbles or combination thereof with the intent of producing a relaxing or

therapeutic effect operated by any person as defined herein, whether he is owner, operator, licensee, or

concessionaire, regardless of whether a fee is charged, and all facilities incident thereto.

(Code 1988, § 5-82(a); Ord. of 8-13-1990, § 32)

Sec. 14-182. Shape, slope, and depth.

Maximum water depth shall be four feet measured from the water line.

248

(Code 1988, § 5-82(b); Ord. of 8-13-1990, § 32)

Sec. 14-183. Steps, ladders, and handrails.

The maximum depth of any seat or sitting bench shall be two feet measured from the water line. Seat or

bench may be part of steps.

(Code 1988, § 5-82(c); Ord. of 8-13-1990, § 32)


(a) Recirculation capacity shall provide for complete turnover of the pool content every 30 minutes.

(b) The pool recirculation and filtration system, air induction system, booster pump system when

used, heater, and disinfectant system shall be separate equipment from that used by the

swimming pool. However, all equipment may be located in the same room.

(c) The maximum temperature of the pool water shall be one hundred five (105) degrees. A

thermostatic control for the pool water shall be required and shall not be for patron use.

(d) The air induction system shall prevent water back-up and the air source shall not induce

contaminants.

(Code 1988, § 5-82(d); Ord. of 8-13-1990, § 32)

Sec. 14-185. Bathhouse facilities.

(a) Where the pool is adjacent to a swimming pool facility and patron control is through the

swimming pool bathhouse, the spa pool patron load shall be included in the swimming

pool load.

(b) For separate pool facilities, a shower, lavatory, water closet and dressing room shall be provided

for each 36 patrons of each sex. A drinking fountain shall be required.

(Code 1988, § 5-82(e); Ord. of 8-13-1990, § 32)


(a) Where the pool is adjacent to a swimming pool facility and patron control is through the

swimming pool bathhouse, the requirements of this section are not applicable.

(b) For separate pool facilities, the requirements of this section are not applicable, except for

emergency use, a telephone or emergency signs shall be directly connected to an area that is

attended at all times the pool is opened to patrons. Emergency procedures and pool use

regulations shall be posted.

(Code 1988, § 5-82(f); Ord. of 8-13-1990, § 32)

Secs. 14-187--14-210. Reserved.

Subdivision IV.

Bathhouses

249


(a) Compliance with technical codes. Bathhouses shall be in compliance with Standard Building,

Plumbing, Mechanical, Gas, and Electrical codes.

(b) Bathhouses required for public swimming pools; exception.

(1) Bathhouses containing dressing rooms, showers, toilets, and lavatories shall be

required for public swimming pools.

(2) Bathhouses facilities may not be required for swimming pools located on premises of

motels, hotels, or other transient residences, and apartment complexes where such facilities

are available in adjacent and the swimming pool use is restricted to the employees,

occupants, and guest of such establishments. The governing authority shall determine any

bathhouse requirements for such establishments.

(c) Other considerations by governing body. Consideration by the governing authority should be

given to: distance to adjacent structures, bather load estimates, operator control and health

matters when evaluating bathhouse requirements for these potentially exempt establishments.

(d) Optional contents. Bathhouses may also contain public areas, manager's area, first-aid room, and

like areas.

(e) Requirements when used by both sexes. Where bathhouses are used by both sexes at the same

time, separate and clearly labeled dressing rooms separated by a tight partition shall be provided

for each sex; entrance and exits shall be screened to break the line of sight.

(Code 1988, § 5-75; Ord. of 8-13-1990, § 25)

Sec. 14-212. Facilities.

(a) Dressing room floors. Dressing room floors shall be easily cleanable, non-slip finish, impervious

to moisture and sloped to drain. Walls and partitions shall be of easily cleanable construction and

junction of walls and floors shall be coved.

(b) Dressing rooms, toilet rooms, shower rooms. Dressing rooms, toilet rooms, shower rooms, shall

be ventilated by natural or artificial means to effectively eliminate odors and condensation.

(c) Shower, toilet and lavatory facilities. Shower, toilet and lavatory facilities shall be provided in

accordance with the following schedule and shall be based on pool capacity computations set

forth in section 14-113, or on scheduled use periods as at schools.

Males Females

Water Closets 1/60 1/40

Urinals 1/60 Lavatories 1/60 1/60

Showers (minimum of 3

each side)

1/40 1/40

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(d) Drinking fountain, minimum of one to be located in swimming pool area. Hose bibb with

vacuum breaker required in each toilet room as a minimum.

(e) Toilet and shower room floors. Toilet and shower room floors shall be constructed of impervious

material with no open cracks or joints, have an easily cleanable, non-slip finish and shall pitch

toward a drain. Juncture of walls and floors shall be coved.

(f) Dressing room location. The location of dressing rooms shall be arranged so that bathers leaving

a dressing room must pass the toilets and showers en route to the swimming pool.

(g) Warm water to be supplied to showers and lavatories. Showers and lavatories shall be supplied

with warm water at a temperature of 90 degrees to 110 degrees Fahrenheit from a single source.

Hot water temperature control devices shall not be available to patrons.

(h) Associated food service facilities. Any food service facilities associated with the bathhouse or

swimming pool must meet the requirements of the county board of health rules and regulations for

food service.

(Code 1988, § 5-76; Ord. of 8-13-1990, § 26)

Secs. 14-213--14-240. Reserved.

ARTICLE IV.

ULTRA-LOW-FLOW PLUMBING FIXTURES*

State Law References: Water conservation standard for plumbing fixtures, O.C.G.A. § 8-2-1 et seq.


It is the purpose of this article to require the use of ultra-low- flow plumbing fixtures in all new

construction, or when replacing plumbing fixtures during renovation or remodeling of existing buildings, and to

require the labeling of plumbing fixtures with information regarding flow rates and serviceability standards; to

promote compliance with state laws for the purpose of conserving water to maintain the integrity of drinking

water supplies and reduce wastewater flows.

(Code 1988, § 5-101; Ord. of 6-11-1990, § 1; Ord. of 8-12-1991, § 1)



them in this section unless the context clearly indicates a different meaning:

Commercial building means any type of building other than residential.

Plumbing fixtures means any toilet, urinal, showerhead, bathroom, lavatory and kitchen faucet and

replacement aerators.

Residential building means any building or unit of a building intended for occupancy as a dwelling but

shall not include a hotel or motel.

251

Toilet means any fixture consisting of a water- flushed bowl with a seat, used for the disposal of human

waste.

Urinal means any fixture consisting of a water-flushed bowl used for the disposal of human waste.

(Code 1988, § 5-102; Ord. of 6-11-1990, § 2; Ord. of 8-12-1991, § 2)


(a) No plumbing fixture shall be installed which does not meet the standards listed in subsection (b)

of this section or the Georgia State Plumbing Code (or the Standard Plumbing Code with Georgia

amendments) whichever is stricter. This includes all plumbing fixtures installed in newly

constructed buildings or when replacing plumbing fixtures during remodeling or renovation of

existing buildings, except as noted in section 5-105. The effective date of this requirement for

residential buildings shall be April 1, 1992, and for commercial buildings shall be July 1, 1992.

(b) All plumbing fixtures installed as referred to above should not exceed the following maximum

water use rates:

(1) Toilets, gallons per flush: 1.6.

(2) Urinals, gallons per flush: 1.0.

(3) Showerheads, gallons per minute, at 60 psi gauge pressure: 2.5.

(4) Kitchen faucets, gallons per minute: 2.5.

(5) Bathroom and lavatory faucets, gallons per minute: 2.0.

(c) The flow restriction device in a showerhead must be a permanent and an integral part of the

showerhead and must not be removable to allow flow rates in excess of that stated in subsection

(b) of this section.

(d) Lavatory faucets located in restrooms intended for use by the general public shall be of the

metering or self-closing type, in addition to the flow requirement listed in subsection (b) of this

section.

(e) The flow rates for all showerheads, kitchen, bathroom and lavatory faucets shall be determined in

accordance with ANSI/ASME A112.18.1M-1989 Plumbing Fixture Fittings, as amended; except

that maximum flow rates may not exceed those given in subsection (b) herein.

(f) All toilets and urinals shall be certified to meet the hydraulic performance standards for “low

consumption” water closets specified in ANSI/ASME A112.19.2-1990 Vitreous China Plumbing

Fixtures, as amended, and ANSE/ASME A112.19.6-1990 Hydraulic Requirements for Water

Closets and Urinals, as amended.

(Code 1988, § 5-103; Ord. of 6-11-1990, § 3; Ord. of 8-12-1991, § 3)

Sec. 14-244. Product certification.

252

The manufacturer shall certify compliance with the standards listed in section 14-243 by labeling the

fixture and packaging as described below and providing upon request, appropriate certification by an

independent national testing organization acceptable to the city building inspector. Effective April 1, 1992, all

toilets, urinals, showerheads or faucets shall be clearly labeled to indicate the maximum flow rate or water

usage of the fixture at the specified test pressure. Toilets and urinals shall additionally be labeled ASME

A112.19.2M, as prescribed in section 8 of such standard. The label shall be affixed to the fixture and remain

there until the proper building and/or plumbing inspections have been conducted. Also, the packaging must be

clearly marked to identify water use rates when offered for retail sale.

(Code 1988, § 5-104; Ord. of 6-11-1990, § 4; Ord. of 8-12-1991, § 4)

Sec. 14-245. Exceptions.

The following fixture uses or applications shall be exempt from the standards established in section 14-

243:

(1) Showers and faucets installed for safety purposes, such as emergency eye wash stations, etc.

(2) Plumbing fixtures specifically designed for use by the physically handicapped.

(3) Fixtures specifically designed to withstand unusual abuse or for installation in correctional

institutions which may require more water for proper operation.

(4) Instances of building renovation where significant plumbing modifications would be required to

accommodate the lower flows or for specialized purposes which cannot be accommodated by

existing technology. Permission for the exceptions listed here must be obtained from the city

building inspector.

(Code 1988, § 5-105; Ord. of 6-11-1990, § 5; Ord. of 8-12-1991, § 5)


(a) Any person who violates any provision of this article shall be subject to a fine not to exceed

$500.00 for each violation. Each violation shall constitute a separate offense and each day that

such violation continues shall constitute a separate offense.

(b) Any building or plumbing contractors, developers, etc., who violates the provisions of this article

shall be subject to suspension of their business license and/or building permit for a period of up to

90 days. (Code 1988, § 5-106; Ord. of 6-11-1990, § 6; Ord. of 8-12-1991, § 6)

Sec. 14-247. Compliance and enforcement.

In addition to the penalty provided in section 14-246, the city may take other actions as described below to

compel compliance and may maintain an action or proceeding in any court of competent jurisdiction to compel

compliance with or restrain any violation of this article.

(1) Compliance with the requirements for installation and labeling at the time of installation in section

14-243 shall be determined by the city building inspector or his authorized agent in cases of new or

replacement plumbing fixture installations and compliance shall be a condition for receipt of any

occupancy permit.

253

(2) The city may deny any water and/or sewer connection to an establishment which does not

comply with the standards set forth in section 14-243.

(3) Compliance with the requirements in section 14-244, regarding the labeling of plumbing fixtures

offered for retail sale, shall be determined by the city building inspector or his authorized agent. The

agency shall have access to all establishments which offer for retail sale or sell plumbing fixtures

at retail for purposes of determining compliance with section 14-244.

(Code 1988, § 5-107; Ord. of 6-11-1990, § 7; Ord. of 8-12-1991, § 7)

ARTICLE V.

PROPERTY MAINTENANCE

DIVISION 1. TITLE, PURPOSE, SCOPE, INTERCHANGEABILITY AND DEFINITIONS

Sec. 14-300. Title.

The title of this article shall be the “City of Sugar Hill Property Maintenance Ordinance” and may be cited

hereinafter as “this article.”


The purpose and intent of this article is:

(1) To establish minimum requirements and standards for premises and structures in order to

promote and protect the public health, safety, convenience, order and general welfare of the

citizens of the City;

(2) To enhance and promote the maintenance of real property and by so doing, improve the

livability, appearance and the social and economic conditions of the community;

(3) To ensure that real properties do not reach such a state of deterioration or disrepair as to

cause the depreciation of the value of surrounding property or be materially detrimental to

nearby properties and improvements;

(4) This article is not to be used as a vindictive or malicious tool by one person against another.

City officials shall use discretion in acting upon repeated and trivial complaints that do not

reflect the intent and purpose stated in this section.

Sec. 14-302. Scope.

This article shall apply to all existing structures and premises and shall constitute minimum requirements

and standards for existing structures and premises.

Sec. 14-303. Interchangeability.

Words stated in the present tense include the future. Words stated in the masculine gender include the

feminine and neuter. Words stated in the singular number include the plural and the plural the singular.

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Terms not defined herein shall have their meaning as defined in the Zoning Ordinance, the Development

Regulations, or the Code of the City of Sugar Hill, or in the absence of such definition, words shall have their

common dictionary definition. Whenever the words “dwelling unit”, “premises,” “building,” “rooming unit” or

“story” are stated in this article, they shall be construed as though they were followed by the words “or any part

thereof.” The following definitions shall apply in the interpretation and enforcement of this article:

Basement. The portion of a building located partly underground, but having less than one-half of its

floor-to-ceiling height below the average grade of the adjoining ground.

Bathroom. A room containing plumbing fixtures including a bathtub or shower.

Building. Any structure having a roof supported by columns or walls and intended for the shelter,

housing or enclosure of any individual, animal, process, equipment, goods or material of any kind.

Cellar. The portion of a building having more than one-half of its floor-to-ceiling height below the

average grade of the adjoining ground.

Director. The Director of Planning and Zoning or his or her designee.

Dwelling. Any structure which is wholly or partly used or intended to be used for living or sleeping by

human occupants, whether or not such structure is occupied or vacant.

Dwelling unit. One (1) or more rooms designed, occupied or intended for occupancy as a separate living

quarter with sleeping and bathroom facilities provided within the unit for the exclusive use of a single-family

maintaining a household.

Exterior property. The open space on the premises and on adjoining property under control of the owners

or operators of such premises.

Floor area. The gross heated horizontal areas of the floors of a building, exclusive of open porches and

garages, measured from the interior face of the exterior walls of the building.

Garbage. Putrescible animal and vegetable wastes resulting from the preparation, cooking and serving of

food and the storage of produce, tin cans, glass containers and newspapers.

Habitable room. A space in a building for living, sleeping, eating or cooking. A cellar, bathrooms, toilet

rooms, closets, halls, storage or utility spaces and similar areas are not considered habitable rooms or spaces.

Maintenance. The act of keeping property, structures or vegetation in a proper condition so as to prevent

their decline, failure or uncontrolled growth.

Occupant. Any individual living or sleeping in a building, or having possession of a space within a

building.

Operator. Any person who has charge, care or control of a structure or premises which is let or offered

for occupancy.

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Owner. Any person, agent, operator, firm or corporation having a legal or equitable interest in the

property; or recorded in the official records of the state or county as holding title to the property; or otherwise

having control of the property, including the guardian of the estate of any such person, and the executor or

administrator of the estate of such person if ordered to take possession of real property by a court.

Premises. A lot, plot or parcel of land including any structures thereon.

Sewage. Liquids, solid waste or waste matter carried off by sewage disposal systems or drains.

Sewage disposal systems. A system designed and intended to dispose of sanitary and domestic wastes

including all liquid and solid wastes from the flush toilet, lavatory, bathtub or shower and clothes washing

machine.

Tenant. Any person, agent, firm or corporation who holds, possesses, or occupies the land, building,

premises of another pursuant to agreement, lease, etc.

Trash. Combustible and noncombustible waste material, except garbage, including paper, rags, cartons,

boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, cans, metals, bricks, lumber, concrete,

mineral matter, glass crockery, and including the residue from the burning of wood, coal, coke, or other

combustible material.

Weeds. All rank vegetative growth including but not limited to kudzu, poison ivy, jimsonweed, burdock,

ragweed, thistle, cocklebur, dandelion, plants of obnoxious odors, or other similar unsightly growths; however,

this term shall not include cultivated flowers, fruits and vegetables, and gardens.

Workmanlike condition of maintenance and repair. Maintenance and repair shall be made in a reasonably

skillful manner and in accordance with the requirements of all applicable manufacturer’s specifications,

ordinances and law.

Yard trimmings. All leaves, brush, grass, clippings, shrub and tree prunings, discarded Christmas trees,

and vegetative matter resulting from landscaping or maintenance activities.


DIVISION 2. PROPERTY MAINTENANCE

Sec. 14-311. Automobiles or motor vehicles.

(a) It shall be unlawful to park any passenger car or truck, either operable or inoperable, on the grass,

lawn or dirt areas in the yard of any residential structure located within the corporate boundaries of

the City of Sugar Hill. Further, parking any passenger car or truck, either operable or inoperable,

in the front yard unless on a driveway or a city-approved driveway expansion area shall be

unlawful. It shall be unlawful for any person to retain in the city boundaries any automobile,

truck, vehicle, RV, camper or trailer of any kind or type, without a valid license plate attached

thereto, on private property or public roads. This Section shall not be the exclusive regulation of

placement, parking or standing of vehicles or contrivances, within the city limits of Sugar Hill and

shall supplement and be in addition to other ordinances, regulations, statutes and provisions of law

of the City, County or State, including but not limited to Sections 613 and 1106 of The 2000

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Zoning Ordinance of the City of Sugar Hill.

(b) It shall be unlawful to park any motor vehicle, either operable or inoperable, on the grass, lawn or

dirt areas in the yard of any non-residential structure or undeveloped property located within the

corporate boundaries of the City of Sugar Hill. Further, parking any motor vehicle, either operable

or inoperable, on any surface other than an approved concrete or asphalt parking area shall be

unlawful. Lawfully existing gravel parking areas shall not be expanded without written

permission from the City, shall be maintained at a uniform depth of at least four (4) inches and

shall be kept free of debris, weeds, and uneven holes or depressions. This Section shall not be the

exclusive regulation of placement, parking or standing of vehicles or contrivances within the city

limits of Sugar Hill and shall supplement and be in addition to other ordinances, regulations,

statutes and provisions of law of the City, County or State, including but not limited to Section

613 and 1106 of The 2000 Zoning Ordinance of the City of Sugar Hill.

Sec. 14-312. Fences and Walls.

Fences and walls shall be maintained in a structurally sound condition and in good repair. Fences and

walls shall be free from loose or rotting materials to the extent that they have become unsafe and an eyesore and

shall have braces and supports attached to or fastened in accordance with common building practices.

Sec. 14-313. Grass, weeds and uncultivated vegetation.

Premises and exterior property shall be maintained free from grass, weeds or uncultivated vegetation in

excess of twelve (12) inches in height by the owner, tenant, occupant, or other designated authority. It shall be

the responsibility of the property owner, occupant, tenant, or other designated authority to cut and remove grass,

weeds or uncultivated vegetation as often as may be necessary, provided that the removing and cutting of same at

least once every thirty (30) days shall be deemed in compliance with this article and to use every precaution to

prevent the same growing on such premises as to become a nuisance. Property shall be maintained to side and

rear property lines and to the curb or edge of pavement.

Exceptions:

1. Undeveloped property one (1) acre or greater in size which shall maintain weeds a

minimum of twenty (20) feet from all property lines;

2. Property zoned AF (agricultural and forest district) which shall maintain weeds a

minimum of twenty (20) feet from all property lines.

Sec. 14-314. Open and outdoor storage.

The open or outdoor storage of any used or damaged lumber, building materials, junk, trash, garbage,

debris, scrap metal, concrete, asphalt, cans, bottles, glass, tires, salvage materials, boxes, containers, bins, and

abandoned, discarded, inoperative, or unusable furniture, stove, refrigerator, freezer, sink, toilet, cabinet or other

household appliances or fixtures, yard waste or equipment (excluding residential lawn maintenance equipment),

shall not be permitted for more than twenty-four (24) hours. Refer to the city health and sanitation ordinance for

additional requirements on the storage of garbage, rubbish, refuse and other litter being stored on private

property.

Exceptions:

1. Property where outdoor storage is authorized by the zoning ordinance;

2. Cut wood which is neatly stacked in lengths not to exceed three (3) feet and is for the

personal use of the owner or occupant.

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Sec. 14-315. Sanitation.

All exterior property areas and the interior of every dwelling shall be maintained in a clean and sanitary

condition free from any accumulation of trash, rubbish or garbage. The storage and disposal of refuse shall be in

accordance with the Solid Waste Chapter of this Code, as amended.

Sec. 14-316. Swimming Pools.

Stagnant water in swimming pools conducive to the breeding or harboring of mosquitoes or other insects

shall not be permitted or maintained on any premises. A finding by a health official of the county environmental

health department shall constitute prima-facie evidence that stagnant water in a swimming pool is conducive to

the breeding or harboring of mosquitoes or other insects.

Sec. 14-317. Trees.

(a) Hazardous trees. There shall be no dead, dying, damaged, diseased or hazardous trees, shrubs,

ground cover or weeds likely to harbor vermin or insects, restrict or impede access to or public

use of adjacent sidewalks and streets, obstruct traffic-control signs and devices and fire hydrants,

or pose a risk of physical injury to the public. A finding by a registered forester or certified

arborist shall constitute prima-facie evidence that a tree is in danger of falling upon adjacent lots

or public streets due to the death or impending death of the tree, or due to damage by weather

conditions or due to disease infestation.

(b) Tree stumps. Tree stumps visible from a public street greater than twelve (12) inches in height

above ground level shall not be permitted or maintained on any premises for more than thirty (30)

days after the tree has been cut.

Exceptions:

1. Property covered by a valid land disturbing permit;

2. Property one (1) acre or greater in size;

3. Property zoned AF (agricultural and forest district).

(c) Tree debris. Felled trees, slash, removed tree limbs, or other portions of any tree shall not be

permitted or maintained on the ground on any premises for more than thirty (30) days.

Exceptions:

1. Property covered by a valid land disturbing permit;

2. Property one (1) acre or greater in size;

3. Cut wood which is neatly stacked in lengths not to exceed three (3) feet;

4. Property zoned AF (agricultural and forest district).

Sec. 14-318. Rodents, insects, and pests.

All property shall be maintained so as not to allow, create, or be conducive to the infestation, harboring,

breeding of rats, flies, mosquitoes, roaches, silverfish, or other similar rodents or pests. Further, it shall be

unlawful for any property owner to fail to remove a nest or colony of stinging insects, such as yellow jackets,

hornets, bees, wasps, or other similar pests that are or would create a public safety hazard or public nuisance. A

public safety hazard shall include a threat of stinging to any person on any public street, sidewalk, parking lot, or

to any person on adjacent private property. Nothing in this section shall prohibit the keeping of bees on private

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property so long as it does not create a public safety hazard or public nuisance and the owner complies with any

federal, state, or local regulations regarding the keeping of bees.

Amend. September, 2011.


DIVISION 3. BUILDING MAINTENANCE

Sec. 14-326. Building Interiors.

(a) Freedom from dampness. Every building shall be maintained free from dampness to prevent

conditions conducive to decay, mold, electrical hazards or deterioration of the structure.

(b) Structural members. The supporting structural members of every building shall be

structurally sound, showing no evidence of deterioration or damage that would render them

incapable of carrying the imposed loads.

(c) Interior wall, ceilings, floors, stairways and handrails. All interior walls, ceilings, floors,

stairways and handrails shall be structurally sound, in good repair, free from defects and

painted, decorated or properly covered.

Sec. 14-327. Decorative features.

Cornices, belt courses, corbels, terra cotta trim, wall facings and similar decorative features shall be

maintained in a good repair with proper anchorage in a safe condition.

Sec. 14-328. Dwelling space.

(a) Required space in dwellings. Each dwelling shall contain at least six hundred fifty (650)

square feet of floor area for the first occupant thereof and at least one hundred (100)

additional square feet of floor area per additional occupant.

(b) Required space in sleeping rooms. In every dwelling of two (2) or more rooms, every room

occupied for sleeping purposes by one (1) occupant shall contain at least seventy (70) square

feet of floor area, and every room occupied for sleeping purposes by more than one (1)

occupant shall contain at least fifty (50) square feet of floor area for each occupant thereof.

(c) Sleeping area requirements. Kitchens and non-habitable spaces shall not be used for sleeping

purposes.

(d) Conditions on inhabiting basement. No cellar shall be used as a habitable room. No

basement shall be used as a habitable room or dwelling unit unless:

(1) The floor and walls are impervious to leakage of underground and surface runoff

water and are adequately protected against dampness; and

(2) All sleeping rooms shall have an emergency escape window or door leading directly

to the exterior.

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Sec. 14-329. Exterior doors and frames.

Exterior doors of buildings shall be maintained so that they fit reasonably well within their frames so as to

substantially prevent rain and wind from entering a building. Exterior door-jams, stops, headers and moldings

shall be securely attached to the structure and maintained in good condition without splitting or deterioration.

Additionally, exterior doors shall be provided with proper hardware and maintained in proper working condition.

Sec. 14-330. Exterior stairways, decks, porches and balconies.

Exterior stairways, decks, porches and balconies, and all appurtenances attached thereto, of buildings

shall be maintained so that they are structurally sound, in good repair, with proper anchorage and capable of

supporting the imposed loads.

Sec. 14-331. Exterior surface treatment.

All exterior surfaces, included but not limited to doors, door and window frames, cornices, porches, and

trim shall be maintained in good repair. Exterior wood surfaces, other than decay resistant woods, shall be

protected from the elements and decay by painting or other protective covering or treatment. Peeling, flaking and

chipped paint shall be eliminated and surfaces repainted. All siding and masonry joints shall be maintained

weather resistant and water tight.

All graffiti, vulgar language, gang related symbols or other painting on the outside of a building that is not

related to a sign permitted by the city shall be covered with paint, washed off or other means of removing the

vandalism.

Sec. 14-332. Foundation and exterior walls.

Every foundation, exterior wall, chimney and all other exterior surfaces shall be maintained free from

holes, breaks, and loose or rotting materials; shall be maintained weatherproof and properly surface coated as

needed to prevent deterioration. The foundation elements shall adequately support the building at all points.

Sec. 14-333. Kitchen Sink.

Every dwelling shall contain a kitchen sink apart and separate from the room with a water closet and

related lavatory.

Sec. 14-334. Maximum occupancy.

(a) Maximum occupancy limitations. In a dwelling containing one thousand (1,000) square feet or

less, the maximum occupancy shall be four (4) individuals. In a dwelling containing between one

thousand one (1,001) square feet and one thousand eight hundred (1,800) square feet, the

maximum occupancy shall be six (6) individuals. In a dwelling containing one thousand eight

hundred and one (1,801) square feet or greater, the maximum occupancy shall be eight (8)

individuals. A variance from these maximum occupancy limitations may be obtained from and

granted by the Mayor and Council of the City of Sugar Hill in their sole discretion in accordance

with the procedures and considerations set forth in subsection (b) below.

(b) Variance powers, procedures and considerations. The Mayor and Council of the City shall have

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the power to grant variances from the maximum occupancy limitations set forth in subsection (a)

above. Said variance shall not be contrary to the public interest. Variances may be granted in

such individual cases to avoid unnecessary hardship after consideration of the following criteria by

the Council:

(1) The effect of the number of people on the sanitary sewer and/or septic system present on or

serving the property;

(2) The effect of the variance on the health and safety of those individuals living in the

dwelling and the effects on the surrounding property owners;

(3) The size and square footage of the dwelling;

(4) The number of bedrooms in the dwelling.

(5) The number of bathrooms in the dwelling; and

(6) The age, height and weight of the individuals in the dwelling.

(c) Public hearing and notice. The Mayor and Council shall hold a public hearing and take public

comment or any application for a variance submitted under this section. The notice of the time

and place of the public hearing shall be published at least 15 days prior to the hearing in the

official organ of the City. Additionally, the City shall post a sign on the property listing the time,

place and subject matter of the variance request at least 15 days prior to the hearing. The failure to

erect and maintain a sign on the property shall not invalidate the subsequent determination made

by the Mayor and Council.

(d) Reapplication. If an application for a variance under this section is denied by the Mayor and

Council, a reapplication for such a variance shall not be made earlier than six (6) months from the

date of the original application.

(e) Appeals. Appeals of the decision of the Mayor and Council shall be presented to the Superior

Court of Gwinnett County by Writ of Certiorari as set forth in the Official Code of Georgia

Annotated. Such appeal shall be made within in thirty (30) days from the date of the decision of

the Mayor and Council. Upon failure to appeal within thirty (30) days, the decision of the Mayor

and Council shall be final.

(f) Limitation of variance procedures. The variance procedures outlined in this Section may only be

used to vary the maximum occupancy limits set forth in this Section. The variance procedures

shall not be applicable to any other Section in this Article or to any other Section contained in the

Code of the City of Sugar Hill, Georgia.

Sec. 14-335. Roofs.

Roofs of buildings shall be maintained so that they are structurally sound and in a safe condition and have

no defects, which might admit, rain or cause dampness in the interior portions of a building. All portions,

additions or sections of a roof including, but not limited to, the fascia, ease, soffit, sheathing, rafter tail, barge

rafter, vent screening, gutter, downspout, roof jack, lead or metal flashing, shall be complete with all trim strips,

moldings, brackets, braces and supports attached or fastened in accordance with common building practices.

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Sec. 14-336. Sanitary toilet requirement.

All dwellings and living quarters located in the city limits shall have sanitary toilets using septic tanks,

drain field or sanitary sewer and running water. No person shall maintain any unsanitary outside toilet after

being given thirty (30) days notice by the City Council to remedy the situation.

Sec. 14-337. Water closet, bathtub or shower requirements.

Every dwelling shall contain within its walls at least one (1) room, separate from the habitable rooms,

which affords privacy and is equipped with a toilet and a lavatory. Every dwelling shall contain at least one (1)

room which affords privacy to a person and which is equipped with a bathtub or shower. There must be at least

one toilet, lavatory and bathtub or shower (a full bathroom) for each five persons living and sleeping in a

dwelling.

Sec. 14-338. Windows.

Windows of buildings shall be fully supplied and maintained with glass windowpanes or with a substitute

approved by the building official, which are without open cracks, broken glass or holes. Screens, if provided,

shall be securely fastened to the window.

Sec. 14-339-14-345. Reserved.

DIVISION 4. ENFORCEMENT, UNLAWFUL ACTS AND NOTICE OF VIOLATION


This article shall be enforced by the City Code Enforcement Officer, the Director of Planning and

Development or the director’s duly authorized representative, or any other agency or individual designated by the

City Council to enforce this article.

Sec. 14-347. Subpoena Power.

Any duly authorized enforcement personnel shall have the power to issue subpoenas requiring occupants,

residents, owners, etc. of buildings under inspection or investigation to appear in Sugar Hill Municipal Court.

The duly authorized enforcement personnel shall also have the power to issue subpoenas to occupants, residents,

owners, etc. to produce written records related to the property under inspection or investigation.

Sec. 14-348. Unlawful acts.

It shall be unlawful for a person, firm or corporation to be in conflict with, or in violation of, this article.

Sec. 14-349. Notice of violation.

Enforcement shall begin with a written notice of violation provided to the owner, occupant, or party in

interest. The notice shall be served by either personal service or certified mail. The notice shall contain a

deadline of, not less than ten (10) and not more than thirty (30) days for compliance, which may be extended by

the City Code Enforcement Officer. If the violation continues past the deadline, the Code Enforcement Officer

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may issue a citation or take such other legal action authorized under this article.

If any person fails or refuses to comply with the provisions of sections 14-313 and 14-317 of this article

within the specified deadline of the Code Enforcement Officer, the City, through its agents and employees, may

go upon such property and do or cause to be done the work necessary to obtain compliance with this article. The

expense incurred in correcting this condition of such property, and any administrative costs involved, shall be

paid by the City and charged to the owner of such property. A bill for such services shall be promptly sent to the

owner of the property on which such services where performed by the Department of Planning and Zoning.

Should said amount go unpaid for a period of thirty (30) days following the mailing of said bill, the City may

institute a law suit or place a lien on said property to seek recovery of the amounts expended by the City

including applicable interest and attorney’s fees. This provision is not exclusive of any other rights and remedies

available to the City under its charter and laws of the state.

Sec. 14-350. Non-compliance.

If any person fails to comply within the time specified in the notice of violation, the Code

Enforcement Officer shall file a complaint in the Sugar Hill Municipal Court specifically alleging

the nature of the violation of this article. The Court shall have the authority to issue penalties as

established in Section 14-356, to order the City to complete any necessary work and receive a lien

against the property to recover its costs, or to issue any other remedy it deems necessary and appropriate.

Amend. September, 2011.

Sec. 14-351-14-355. Reserved.

DIVISION 5. PENALTIES


Any person violating any of the provisions of this article shall, upon conviction in the Sugar Hill

Municipal Court, be punished whether by a fine of no less than two hundred fifty dollars ($250.00) and shall not

exceed one thousand dollars ($1,000.00) per offense, or by a sentence of imprisonment not to exceed sixty (60)

days, or both. Each and every day that the premises shall remain in a condition in violation of the terms of this

article shall constitute a separate offense. This section shall be in addition to and cumulative of the provisions of

the abatement of said nuisance and the charge of the cost of the same against the owner of the premises by the

city. The Court shall have the power and authority to place any person found guilty of a violation of this Article

on probation and to suspend or modify any fine or sentence.(Ordinance Updated 08-09-05).

Chapters 15—17

Chapter 18

BUSINESSES*

* State Law References: Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. §

36-35-1 et seq.; professions and businesses, O.C.G.A. § 43-1-1 et seq.


Sec. 18-1—18-20. Reserved.

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Article II. Game Machines, Vending Machines and Other Recreational Machines


Sec. 18-2 1. Item of machinery or equipment defined.

Sec. 18-22. Penalty for violation of article.


Division 2. License

Sec. 18-46. Required; fees; additional fees for pool tables.

Sec. 18-47. Filing of application.

Sec. 18-48. Listing of items of machinery or equipment on application; notification of acquisition of new machinery.

Sec. 18-49. Procedure for issuance.

Sec. 18-50. Factors for council consideration.


Sec. 18-52. Termination, renewal, revocation, etc.

Sec. 18-53—18.75. Reserved.

Article III. Yard Sales

Sec. 18-76. Yard sale defined.

Sec. 18-77. Permit--Required.

Sec. 18-78. Same --Term; fee.

Sec. 18-79. Person conducting sale to be responsible for parking violations.



Article IV. Pawnbrokers and Pawnshops



Sec. 18-107. Pawnbroker and employee regulations.

Sec. 18-108. Pawnbrokers and employees, restrictions as to character; hearing.

Sec. 18-109. Records and information to be maintained; display of pawnshop transaction number; identification; digital photographs;

fingerprints; records storage; presentation upon request.

Sec. 18-110. False entries or statements.

Sec. 18-111. Hours of operation.

Sec. 18-112. Property not to be disposed of for 30 days after acquisition; location of property; police holds.

Sec. 18-113. Dealing with minors.

Sec. 18-114. Penalties for violation of article; suspension or revocation of license.

Sec. 18-115. Enforcement responsibility.

Secs. 18-116--18-140. Reserved.

Division 2. Annual Permit

Sec. 18-141. Required.

Sec. 18-142. Background investigation; fee.

Sec. 18-143. Renewal. Sec.


Sec. 18-145. Prerequisite to issuance of business license.

Sec. 18-146. Daily report to police.

Secs. 18-147--18-170. Reserved



Sec. 18-172—18-195. Reserved.

Division 2. License

Sec. 18-196. Posted license required.

Sec. 18-197. Compliance required for issuance or renewal.

Secs. 18-198--18-220. Reserved.

Article VI. Food Vending Vehicles

264



Sec. 18-222. Reinspection of facilities and premises; unsatisfactory condition grounds for license revocation.

Sec. 18-223. Report of changes.


Sec. 18-225. Periods of operation.

Secs. 18-226--18-250. Reserved.

Division 2. License



Sec. 18-253. Fees and term.

Sec. 18-254. Investigation of facilities and vehicles prerequisite for issuance.


Sec. 18-256. Revocation of license; appeal.


Secs. 18-258--18-280. Reserved.

Article VII. Massage or Spa Establishments



Sec. 18-282. Scope of regulations.

Sec. 18-283. General operating provisions.

Secs. 18-284--18-305. Reserved.

Division 2. License

Sec. 18-306. Required; application.

Sec. 18-307. Regulatory fee; expiration and renewal.

Sec. 18-308. Work permits required.

Sec. 18-309. Issuance of license.

Sec. 18-310. Grounds for revocation and suspension of license.


Secs. 18-312--18-335. Reserved.

Article VIII. Adult Entertainment Establishments


Sec. 18-336. Findings and Purpose.


Sec. 18-338. Applicability of article.

Sec. 18-339. Erotic dance establishment regulations.

Sec. 18-340. Certain activities prohibited.

Sec. 18-341. Sale of alcohol prohibited.

Sec. 18-342. Admission of and sales to minors unlawful.

Sec. 18-343. Location.

Sec. 18-344. Adult entertainment establishment employees.

Sec. 18-345. Violations of article; penalty.

Sec. 18-346. Unlawful operation declared nuisance.

Sec. 18-347. Cleaning of licensed premises.

Sec. 18-348. Self-inspection of licensed premises.

Sec. 18-349. Sealing for unsanitary or unsafe conditions.

Sec. 18-350. Abatement as sanitary nuisance.

Sec. 18-351. Prohibition of enclosed viewing rooms.

Secs. 18-352--18-375. Reserved.

Division 2. License


265

Sec. 18-376. License does not condone illegal activity.


Sec. 18-378. Renewal; fee.

Sec. 18-379. Transferability.

Sec. 18-380. Suspension or revocation.

Sec. 18-381. Persons prohibited as licensees.

Secs. 18-382--18-405. Reserved.

Subdivision II. Application

Sec. 18-406. Submittal to city clerk; application fee.

Sec. 18-407. Application not authority to conduct business.

Sec. 18-408. Bond to be filed with application.

Sec. 18-409. Investigation of application.

Sec. 18-410. Application contents.

Sec. 18-411. Applicant to provide proof of payment of application fee.

Sec. 18-412. Ivestigation of application and applicant; grant or denial.

Secs. 18-413--18-435. Reserved.

Division 3. Appeals

Sec. 18-436. Time limit for filing.

Sec. 18-437. Procedure.

Sec. 18-438. Council action.

Sec. 18-439. City council to receive testimony and evidence.

Sec. 18-440. Hearing officer.

Sec. 18-441. Rules of evidence.

Sec. 18-442. Hearing officer report and final decision.

Sec. 18-443. Appeal of council decision to superior court.

ARTICLE I.

In General


ARTICLE II.

GAME MACHINES, VENDING MACHINES AND OTHER RECREATIONAL MACHINES

DIVISION 1.

GENERALLY

Sec. 18-21. Item of machinery or equipment defined.

As used herein, an item of machinery or equipment hereunder regulated shall mean an electronic,

mechanical, electrical or other type of machinery or equipment, the primary purpose of which is the

entertainment, amusement or pleasure of the operator, user or spectator. Such items shall include, but not be

limited to, machines sometimes known as pinball machines, electronic game machines, pool tables and all other

such items where a fee is paid in connection with the use, operation or observation of same. Not included in the

definition of items of machinery or equipment regulated hereunder are vending machines for the sale of goods or

services such as soft drinks, snack foods, cigarettes, shoe polishing machines, gum and other such machines

where there is received an item of goods or services other than a service which is the entertainment, amusement or

pleasure of the operator, user or spectator, which is proportionate in value to the fee paid for same. (Code 1988, §

18-51)

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No person may use or operate within the city any item of machinery or equipment as described in this

article without having first obtained a valid license and for each additional separate location within the city

wherein three or more of such items of machinery or equipment are to be used or operated, an additional

separate license, and unless all such licenses remain valid and in effect at all times during which such persons

shall be conducting such business. Any person who shall violate this or any other provision of this article shall,

upon conviction thereof, be punished by fine not to exceed $1,000.00 and costs, or by imprisonment not to

exceed six months, or both, any and all of such penalties to be imposed in the discretion of the judge of the

municipal court of the city or such other judicial officer as shall have jurisdiction to try such case. (Code 1988,

§ 18-60)


DIVISION 2.

LICENSE

Sec. 18-46. Required; fees; additional fees for pool tables.

Each owner, user or operator of items of machinery or equipment as described herein located within the

city shall be required to obtain a license from the city clerk as set forth above, and shall pay a minimum annual

license fee of $100.00 for this privilege. Payment of such license fee shall entitle the licensee to use, own or

operate within the city at least one item of such machinery or equipment. For each additional item of machinery or

equipment the license fee shall be increased by $25.00. After issuance of a license, if the licensee seeks to operate

additional items of machinery or equipment within the city which were not included in the original or renewal

application for license, applicant shall pay to the city clerk a fee of $25.00 for each additional item of machinery

or equipment. If the licensee is exchanging an existing item of machinery or equipment for a new or different

item of machinery or equipment so as not to increase the total number of such items to be operated by the

licensee, there shall be no fee charged for such exchange. Should the licensee, in addition to the operating of herein

described game machines and equipment, elect to operate or offer for operation to the general public, pool tables,

the fee, in addition to the business license, shall be $50.00 for each such pool table. (Code 1988, § 18-52)

Sec. 18-47. Filing of application.

Every person required to procure a license under the provisions of this article shall submit an application

for such license to the city clerk, which application shall conform to the requirements of article II of chapter 70 and

shall contain the name and home address of each shareholder owning a beneficial interest of more than 40

percent of the issued and outstanding shares, if the applicant is a corporation, together with the address of the

principal officer and registered agent of the corporation within the state.

(Code 1988, § 18-53)

Sec. 18-48. Listing of items of machinery or equipment on application; notification of acquisition of new

machinery.

(a) At the time of filing the application for the license or licenses under this article, the licensee shall

include on the application the number, type and description of each separate item of machinery or

equipment to be owned, used or operated by the licensee, and the location within the city at which

such items of equipment or machinery are to be operated.

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(b) If at any time during a calendar year when a license is in effect, the licensee acquires a new or

different item of machinery or equipment, the licensee, prior to placing any such machinery or

equipment into use or operation, shall notify the city clerk of each such additional item of

machinery or equipment, upon advising the city clerk of the information relating to the

description and location of the item or items as is appropriate and paying the appropriate fee for

same.

(Code 1988, § 18-54)

Sec. 18-49. Procedure for issuance.

(a) City manager's recommendation. The city clerk shall forward a copy of any application for a

license received under this article to the city manager within 48 hours of the time of receipt of the

application. The city manager shall make a recommendation to the city clerk within 14 days

after receiving a copy of the application, and thereafter the application shall be processed as

provided in this article.

(b) City council action. Upon receipt of the recommendation of the city manager, the city clerk shall

forward such recommendation and the application to the city council for consideration and action

at its next regularly scheduled meeting.

(Code 1988, § 18-55)

Sec. 18-50. Factors for council consideration.

The council, in passing upon an initial application for a license hereunder, shall be guided by the

following factors as to whether to grant or deny such application:

(1) Proximity of similar establishments. The proximity of other establishments wherein items of the

machinery or equipment covered hereunder are located in relation to the proposed location;

(2) Character of adjacent neighborhoods. The character of the neighborhood immediately adjacent

to the proposed location;

(3) Proximity of churches, etc. The proximity of churches, schools and playgrounds to the proposed

location;

(4) Parking. Whether the proposed location has adequate off-street parking facilities or other

parking available for its patrons;

(5) Affect on traffic. Whether the location would tend to increase and promote traffic congestion and

resulting hazards therefrom;

(6) Citizen reactions. The feelings and attitudes of the citizens residing in the area adjacent to the

proposed location;

(7) Information on application. The information set forth in the application;

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(8) Revocation of previous applications. Whether any application under this article previously issued

for such location was ever revoked for cause by the council; and

(9) Illegal use of machinery or equipment in the past. Whether the applicant has ever used or

operated any items of machinery or equipment described herein illegally in the city. (Code

1988, § 18-56)


No license shall be issued in accordance with this article unless the following conditions are met:

(1) Premises from which an item of machinery or equipment hereunder is to be owned, operated or

used shall be kept in full compliance, at all times, in a safe and sanitary condition, and in

accordance with all laws and ordinances regulating the type of premises wherein same is located.

(2) The premises for which a license is initially issued hereunder must be no closer than 500 feet

from any then-existing established church, school, hospital or an existing business wherein there is

being used or operated an item of machinery or equipment described herein, such measure being

taken from front door to front door of each such establishment.

(3) No more than two such items of machinery or equipment may be owned, used or operated from

premises where the use, operation or ownership of such items is done only as an incidental part of

another existing ongoing business.

(4) If three or more of such items of machinery or equipment are to be operated from the same

premises, the premises, or portion thereof in which such operation is located, must be separately

enclosed, that is, not operated as a part of any other business; the location must be separately

licensed hereunder; there must be in attendance at all times when such place of business is open

for the use or operation of such items of machinery or equipment a responsible adult, 18 years of age

or older, who shall have no duties or responsibilities other than to manage, supervise or direct the

use and operation of such items of machinery or equipment located within such premises; such

premises may not open for business between the hours of 11:00 p.m. and 8:00 a.m., Monday

through Saturday and may not operate during the hours of 11:00 p.m. Saturday to 8:00 a.m.

Monday; the licensee shall not permit nor shall the licensee allow others to permit any person

under the age of 16 years to use or operate any item of equipment or machinery during the

normally accepted school operating hours which are from 8:00 a.m. to 3:00 p.m., Monday through

Friday; the licensee shall not permit nor shall the licensee allow others to permit any person under

the age of 14 years to use or operate any item of machinery or equipment unless accompanied by

such child's parent or legal guardian; no licensee shall allow or permit others to allow any

alcoholic or malt beverages to be consumed or brought upon or about the premises; and a licensee

shall otherwise fully comply with this Code, all ordinances of the city, laws and regulations of the

state and the United States Government as they affect the premises and activities therein.

(Code 1988, § 18-57)

Sec. 18-52. Termination, renewal, revocation, etc.

(a) Termination. All licenses issued in accordance with this article shall terminate as subject to and

governed by article II of chapter 70, except as expressly changed in this article.

(b) Change of location. In the absence of any provision to the contrary, the location of any business

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licensed hereunder may not be changed without the prior approval of the city council, and any

such change shall not, under any circumstances, be made if to do so would place the licensee in

violation of any of the provisions of this Code or any other ordinance or law then in effect in the

city; provided, however, that this provision shall not prohibit a licensee who has obtained licenses

for more than one operation in the city, from moving individual items of equipment or machinery

in the city, from moving individual items of equipment or machinery covered by this article from

one licensed location to another licensed location, without the prior approval of the council,

provided that by doing so the licensee is not placed in violation of the provisions of this article or

of any other ordinance of law then in effect in the city.

(c) Limits on number of machines. For the purpose of this article, each branch establishment or

location wherein there are located three or more items of equipment or machinery of the licensee

shall be deemed a separate place of business for which a separate license shall be required

hereunder. A licensee may own, use or operate no more than two items of machinery or

equipment at locations within the city other than at the principal location under and pursuant to

the license issued hereunder for the principal place of business of the licensee. Nothing herein

shall be construed to limit the number of items of such machinery or equipment which the

licensee may own, use or operate at the principal place of business of such licensee.

(Code 1988, § 18-58)


ARTICLE III.

YARD SALES

Sec. 18-76. Yard sale defined.

A yard sale is hereby defined as the selling or displaying of goods outside of an enclosed permanent

structure including, but not limited to, the selling or displaying of goods in the area commonly know as the

carport or garage of a residence or the area commonly known as the yard of a residence.

(Code 1988, § 18-71; Ord. of 9-11-1989)

Sec. 18-77. Permit--Required.

It shall be unlawful for any person or entity to conduct a yard sale from property zoned or used for

residential purposes unless the person or entity conducting the yard sale shall have received a yard sale permit

from the city authorizing sale.

Sec. 18-78. Term.

Any yard sale permit issued by the City shall be good only for a period not to exceed three days (72

hours), and shall state thereon the time and date the sale is to begin and the time and date the sale is to end, which

beginning and ending time shall not cover a span greater than 72 hours. No more than four (4) permits shall be

issued for the conduct of a yard sale at any one location within a twelve (12) month period.

(Repealed August 10, 1998)

(Code 1988, § 18-72; Ord. of 9-11-1989; Ord. of 12-10-07)

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Sec. 18-79. Person conducting sale to be responsible for parking violations.

Any person conducting such a sale, after obtaining such a permit, shall do so in such a manner that any

prospective purchaser attending the sale shall not illegally park vehicles on or off the city streets, roads and

highways located in the city, and shall not allow parking to be done on adjacent property, without the express

written approval of the adjacent property owners. The person obtaining the permit and conducting the sale shall be

in violation of this article if any parking violations as defined by this or other ordinances are committed by

persons attending such a sale. If the person obtaining the permit and/or conducting the sale is unable to obtain the

cooperation of a visitor to the sale to avoid violating the parking restrictions contained herein, or any other

parking ordinances or laws, he shall immediately cease the sale, discontinuing all activities in connection

therewith, upon doing so such person shall not have violated the article and shall have no further responsibility

under this article for any illegally parked vehicles.

(Code 1988, § 18-73; Ord. of 9-11-1989)


Any person convicted of violating this article shall be subject to a fine of not more than $200.00.

(Code 1988, § 18-74; Ord. of 9-11-1989)


ARTICLE IV.

PAWNBROKERS AND PAWNSHOPS*

* State Law References: Pawnbrokers, O.C.G.A. § 44-121-130 et seq.; municipal regulation of pawnbrokers, O.C.G.A. § 44-

121-136.

DIVISION 1.

GENERALLY


The following words, terms and phrases, when used in this Article, shall have the meaning ascribed to them in

this section, except where the context clearly indicates a different meaning:

Automated reporting system means: a computer based system specified by the chief of police designed to record

and transmit data and information electronically.

Chief or Chief of Police means: the chief of police of the Gwinnett County Police Department or his/her designee.

Employee means:

(1) Any owner or pawnbroker who, in the performance of his or her duties or the management of the business

affairs of a pawnshop, comes into contact with members of the public; or

(2) Any person working for an owner or pawnbroker; or

(3) Any person who is employed on a part-time or full-time basis, either with or without remuneration, by a

pawnshop.

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Pawn or pledge means: a bailment of personal property as security for any debt or engagement, redeemable upon

certain terms and with the power of sale on default.

Pawnbroker means: any person engaged in whole or in part in the business of lending money on the security of

pledged goods, or in the business of purchasing tangible personal property on the condition that it may be

redeemed or repurchased by the seller for a fixed price within a fixed period of time, or in the business of

purchasing tangible personal property from persons or sources other than manufacturers or licensed dealers as

part of or in conjunction with the business activities described in this Article.

Pawnshop means: any business wherein a substantial part thereof is to take or receive, by way of pledge, pawn,

consignment or exchange, any goods, wares, merchandise, or any kind of personal property whatever, as security

for the repayment of money lent thereon.

Pawnshop transaction means: to take or receive any article of property or, from any customer, by pawning,

pledging, trading, exchanging, purchasing, or other means.

Person means: any individual, partnership, corporation, joint venture, trust association, or other legal

entity however organized.

Police Department means: the Gwinnett County Police Department.

Third party administrator means: any individual, business or corporation designated by the chief of police to

administer the reporting requirements of this ordinance.

Sec. 18-107. Annual permit required.

All persons before beginning the business of operating a pawnshop or similar place persons pledging, trading,

pawning, exchanging, or selling property shall first file an application with the Police Department for an annual

permit to conduct such business. The issuance of such permit will be based on a criminal history background

investigation of the applicant. The cost of the permit/criminal history background investigation shall be $100.00,

or a fee established by the chief of police. This fee is imposed to cover investigative expenses and/or

administrative costs associated with issuing an initial permit for all owners. In the event an owner has more than

one pawnshop, then each location will be assessed the above fee. This fee is nonrefundable in the event an

applicant, for any reason, is not issued a permit and/or an occupational tax certificate. Owners are required to

renew the permit upon expiration thereof and shall be required to pay a renewal fee established by the chief of

police.

Sec. 18-108. Permit prerequisite to issuance of occupation tax certificate.

No occupation tax certificate required by this Article shall be granted to any person until a permit required by

section 18-107 of this Article has been issued or approved by the Police Department. Proof of issuance of the

annual permit shall be submitted to the City Clerk as part of the application for or renewal of an occupation tax

certificate.

Sec. 18-109. Application for permit.

The application for the annual permit required by this Section shall contain and state the street number and

address at which the business is proposed to be operated. The application shall contain the full name, address,

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phone number, date of birth, photograph, and social security number of all persons, including pawnbrokers and

employees, having any interest in the proposed business, plus any additional information, including fingerprints,

deemed necessary by the City Clerk and/or the Police Department.

Sec. 18-110. Regulation as to employees and managers.

(a) No person shall be employed by a pawnshop in any capacity until such person is found to be in

compliance with the qualifications as described in this Section and has paid a fee which shall be established by

the chief of police. Upon complying with the requirements of this Article, a permit card authorizing such person

to be a pawnshop employee will be issued. Each employee and/or manager will be required to renew the permit

card annually. The permit card and occupation tax certificate will expire annually, on the date established

generally for expiration of the occupation tax certificate. All persons having any interest in the proposed business

including each owner, employee, manager, and pawnbroker shall while on the pawnshop premises, have in their

possession and available for inspection such permit card. It shall be the duty of the pawnbroker to insure

compliance with the provisions of this Section.

(b) The following qualifications shall apply to all employees and managers:

(1) No permit shall be issued until such time as a signed application has been filed with the Police

Department or chief of police and a search of the criminal record of the person completed. Such application shall

include the applicant's name, fingerprints, social security number, date of birth, and prior arrest record; though an

applicant's arrest record shall be used for investigative purposes only and shall not give rise to a presumption or

inference of guilt. Applicant must also provide positive identification (only official government issued pictured

identification accepted, e.g. U.S. driver's license, passport, military card, or U. S. state identification card).

(2) The chief of police shall conduct a complete and exhaustive search relative to any police record of the

applicant.

(3) In the event the applicant is qualified for employment in a pawnshop under this Section and there is no

record of a violation of this Article, the chief of police shall issue a permit to the applicant, by mail, stating that

the person is eligible for employment. If it is found that the person is not qualified for a permit and therefore

ineligible for employment in a pawnshop, the chief of police shall notify the person in writing that they are not

eligible for employment, the cause of such denial and their right to appeal.

(4) No person who has been convicted or pled guilty or entered a plea of nolo contendere to any crime

involving moral turpitude, illegal gambling, or any felonies, or any crime involving theft or fraudulent practices

within five years immediately preceding the date of application shall be issued a permit. For purposes of this

Article, a conviction or plea of guilt or nolo contendere entered under the Georgia First Offender Act, O.C.G.A. §

42-8-60 et seq., shall be ignored. Provided, however, that any such offense shall not be ignored where the

defendant violated any term of probation imposed by the court granting first offender status or committed another

crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had

previously been sentenced as a first offender.

(5) No person shall be issued a permit if it is determined that the person falsified, concealed, or

misrepresented any material fact by any device, trick, or scheme while making application to the Police

Department for a pawnshop permit under this Section.

(6) All permits issued through administrative error can be terminated and seized by the chief of police or the

City Clerk or her designee.

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(7) Replacement permits will be issued within thirty (30) days of original date, upon paying one-half of the

fee charged for pawnshop permits. After thirty (30) days of original application date, a new application and fee

must be submitted.

(8) All permits issued hereunder remain the property of the Police Department, and shall be produced for

inspection upon the demand of any officer or designee of the Police Department or employee of the City.

(9) No pawnshop owner shall allow any employee or manager to work on the premises unless the employee

or manager has in their possession a current valid county permit. For new employees, a receipt issued by the

Police Department may be used for a maximum of thirty (30) days from the date of issue. Pawnshop owners are

required by this Article to inspect and verify that each employee or manager has in their possession a valid

current pawnshop permit. Issuance of this fee receipt shall allow the applicant to work in the position applied for

only until such time as the required criminal history background investigation is completed. The temporary

privilege conferred by issuance of this fee receipt shall expire immediately upon completion of such background

investigation. If the background investigation indicates that the applicant does not meet the requirements for

issuance of a pawnshop permit, the applicant may appeal the denial of the permit as provided in this Article.

However, issuance of this fee receipt and the temporary privilege granted thereby shall not be construed as

conferring any right or privilege to the applicant to continue working in the position for which the permit sought

during the pendency of the appeal from the denial of a permit under this.

(10) It shall be the duty of all persons holding a pawnshop occupation tax certificate to file with the chief of

police, the name of the establishment, the occupation tax certificate number and a list of all employees, including

their date of birth, social security number, home address and home telephone numbers twice annually; during the

month of June and again during the month of December.

(11) If it is determined that any person issued a pawnshop permit has falsified, concealed, or misrepresented

any material fact by any device, trick, or scheme in the application for the pawnshop permit such permit shall be

revoked or canceled.

(12) City employees who are directly involved in the issuance of pawnshop permits or in the regulation of

pawnshops shall not be eligible for a permit.

Sec. 18-111. Denial, suspension or revocation of permit.

A permit may be denied, suspended or revoked by the chief of police where the pawnbroker or employee

furnishes fraudulent or untruthful information in the application for a permit or fails to meet all qualifications set

forth under the provisions of this Article.

Sec. 18-112. Hearings for denial, suspension or revocation of permit.

No permit shall be denied, suspended or revoked without the opportunity for a hearing as hereinafter provided:

(1) The chief of police shall provide written notice to the applicant of his or her order to deny, suspend or

revoke the permit. Such written notification shall set forth in reasonable detail the reasons for such action and

shall notify the applicant of the right to appeal under the provisions of this Article. Any applicant who is

aggrieved or adversely affected by a final action of the chief of police may have a review thereof by appeal to the

City Council established pursuant to the City’s alcoholic beverage ordinance. Such appeal shall be by written

petition, filed in the office of the City Clerk within fifteen (15) days after the final order or action of the Police

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Department/chief of police and in order to defray administrative costs, must be accompanied by a filing fee of

$100.00. The City Clerk at her discretion, may waive or reduce the filing fee amount if it is determined the fee

would create a hardship on the individual filing such appeal. The City Council may, at the request of the

appellant, refund all or a portion of the filing fee by a majority vote.

(2) A hearing shall be conducted on each appeal within thirty (30) days of the date of filing with the City

Clerk unless a continuance of such date is agreed to by the appellant and the City Clerk. The appellant at such

hearing shall have the right to be represented by an attorney, at the expense of the appellant, and to present

evidence and cross-examine witnesses. Should the appellant desire an official transcript of the appeal

proceedings, then such request must be made at least three days prior to such hearing. The appellant shall have

the burden of proof on any such appeal. Before hearing an appeal, each member of the City Council shall sign an

affidavit to be part of the record that he or she is not related to or personal friends with any owner of the

establishment in question in the appeal being considered and that he or she has no financial interest in the

outcome of the appeal. Should any member be unable to sign such an affidavit, that member shall not serve on

that appeal and the case shall be heard by the remaining members of the City Council.

(3) The findings of the City Council shall be forwarded to the City Clerk within fifteen (15) days after the

conclusion of the hearing, and it shall be the duty of the City Clerk to notify the appellant of the action of the City

Council.

(4) The findings of the City Council shall not be set aside unless found to be:

a. Contrary to law or ordinances, or

b. Unsupported by substantial evidence on the records as a whole, or

c. Unreasonable.

(5) The findings of the City Council shall be final unless appealed within thirty (30) days of the date of such

finding by a writ of certiorari to the Superior Court of Gwinnett County.

Sec. 82-113. Occupation tax certificate applications, renewals and qualifications.

(a) All persons, firms, or corporations desiring to engage in the business, trade or occupation of a pawnshop

shall, before engaging in such business, trade or profession, make application for an occupation tax certificate

(“certificate”) in the form and manner prescribed by the City Clerk. Proof of issuance of the annual permit as

required in Section 18-107, above, shall be submitted to the City Clerk as part of the application for or renewal of

an occupation tax certificate.

(b) The application shall include but shall not be limited to the information required on all occupation tax

returns, along with the following additional information:

(1) Full name, date of birth, address and social security number of applicant.

(2) Full name(s) dates of birth and social security numbers of any other persons having an ownership interest

in the business. In the case of a corporation, this list shall include owners of ten percent (10%) or more of the

common or preferred stock.

(3) Full names, dates of birth and social security numbers and titles of corporate officers where appropriate.

(4) Full names, addresses, telephone numbers, dates of birth, title and social security numbers of individuals

to be employed.

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(5) A copy of the alcohol, tobacco and firearms license where applicable.

(c) All occupation tax certificates granted under the provisions of this Article shall expire annually, on the

date established generally for expiration of the occupation tax certificates.

(d) Certificate holders who desire to renew their certificates shall file the application and all applicable fees

with the City Clerk on the form prescribed for renewal of the certificate for the following year. Applications for

renewal must be filed on or before the annual deadline provided for all businesses for filing of renewal

applications, with payment of tax being due on the date(s) set for occupation taxes generally.

(e) All occupation tax certificates granted hereunder shall be for the full calendar year and are not subject to

proration.

(f) It shall be the duty of the renewal applicant to obtain renewal permits as required by this Article.

(g) The following occupation tax certificate qualifications shall also apply:

(1) No occupation tax certificate required by this Article shall be granted to any person who is not a citizen of

the United States or registered resident alien. Where the owner-applicant is a partnership or corporation, the

provisions of this shall apply to all its partners, officers, managers and majority stockholders.

(2) Where the applicant is a corporation, a certificate will be issued jointly to the corporation, president or

chief executive officer and to the majority stockholder. Where the applicant is a partnership, the certificate may

be issued to a partner or general partner.

(3) An occupation tax certificate for the practices listed herein may not be issued where the applicant has

been convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or

probation, to any crime involving moral turpitude, illegal gambling, or has been convicted of any felonies, or any

crime involving theft or fraudulent practices within a period of ten years immediately prior to the filing of such

application. At the time an application is submitted for any pawnshop occupation tax certificate, the applicant

shall, by duly sworn affidavit, certify that neither the applicant, nor any of the other owners of the establishment,

have been convicted or have plead guilty or entered a plea of nolo contendere to any crime involving moral

turpitude, illegal gambling, or have been convicted of any felonies, or any crime involving theft or fraudulent

practices. Should any applicant, partner, or officer engaged in operating a pawnshop, after a certificate has been

granted, be convicted or plead guilty or enter a plea of nolo contendere to any crime involving moral turpitude,

illegal gambling, or any felony, or any crime involving theft or fraudulent practices, the certificate and/or permit

shall be immediately revoked or canceled.

Sec. 18-114. Suspension or revocation of occupation tax certificate.

(a) A certificate may be suspended or revoked by the City Clerk where the certificate holder furnishes

fraudulent or untruthful information in the application for a certificate and failing to pay all fees, taxes, or other

charges imposed under the provisions of this Article.

(b) The City Clerk shall revoke the certificate for any premises where goods are pawned during a period of

suspension.

(c) The City Clerk may suspend or revoke the certificate of any establishment which does not meet the

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qualifications set forth in this Article any time such knowledge becomes known to her.

(d) An act or omission of a certificate holder, owner of more than twenty (20) percent interest in the

establishment, or employee of the certificate holder or establishment willingly or knowingly performed, which

constitutes a violation of federal or state law or of any provision of this Article will subject the certificate holder

to suspension or revocation of its certificate in accordance with the provisions of this Article, when the City Clerk

determines to her own satisfaction that the act or omission did occur, regardless of whether any criminal

prosecution or conviction ensues. Provided, however, in the case of an employee, the City Clerk or her designee

must determine that the acts of the employee were known to or under reasonable circumstances should have been

known to the certificate holder, were condoned by the certificate holder, or where the certificate holder has not

established practices or procedures to prevent the violation from occurring.

(e) The City Clerk may suspend or revoke the certificate of any establishment whenever it can be shown that

a certificate holder hereunder no longer maintains adequate financial responsibility upon which issuance of the

certificate was conditioned or whenever the certificate holder has defaulted in any obligation of any kind

whatsoever, lawfully owing to the city.

(f) Wherever this Article permits the City Clerk to suspend any certificate issued hereunder but does not

mandate the period of such suspension, such discretion shall be exercised within the guidelines of this subsection.

(1) No suspension shall be for a period of time longer than the time remaining on such certificate.

(2) The following factors shall be considered on any revocation or suspension as set out above:

a. Consistency of penalties mandated by this Article and those set by the City Clerk.

b. Likelihood of deterring future wrongdoing.

c. Impact of the offense on the community.

d. Any mitigating circumstances or remedial or corrective steps taken by certificate holder.

e. Any aggravating circumstances or failure by the certificate holder to take remedial or corrective steps.

Sec. 18-115. Hearings for the denial, suspension or revocation of certificate.

No certificate shall be denied, suspended or revoked without the opportunity for a hearing as hereinafter

provided:

(1) The City Clerk shall provide written notice to the applicant or certificate holder of her order to deny,

suspend or revoke the certificate. Such written notification shall set forth in reasonable detail the reasons for such

action and shall notify the applicant or certificate holder of the right to appeal under the provisions of this Article.

Any applicant or certificate holder who is aggrieved or adversely affected by a final action of the City Clerk may

have a review thereof by appeal to the City Council. Such appeal shall be by written petition, filed in the office

of the City Clerk within fifteen (15) days after the final order or action of the City Clerk and in order to defray

administrative costs, must be accompanied by a filing fee of $100.00. The City Clerk at her discretion, may waive

or reduce the filing fee amount if it’s determined the fee would create a hardship on the individual filing such

appeal. The City Council may, at the request of the appellant, refund all or a portion of the filing fee by a

majority vote.

(2) A hearing shall be conducted on each appeal within thirty (30) days of the date of filing with the City

Clerk unless a continuance of such date is agreed to by the appellant and the City Clerk. The appellant at such

hearing shall have the right to be represented by an attorney, at the expense of the appellant, and to present

evidence and cross-examine witnesses. Should the appellant desire an official transcript of the appeal

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proceedings, then such request must be made at least three days prior to such hearing. The appellant shall have

the burden of proof on any such appeal. Before hearing an appeal, each member of the City Council shall sign an

affidavit to be part of the record that he or she is not related to or personal friends with the appellant or any owner

of the establishment in question in the appeal being considered and that he or she has no financial interest in the

outcome of the appeal. Should any member be unable to sign such an affidavit, that member shall not serve on

that appeal and the case shall be heard by the remaining members of the City Council.

(3) The findings of the City Council shall be forwarded to the City Clerk within fifteen (15) days after the

conclusion of the hearing, and it shall be the duty of the City Clerk to notify the appellant and the chief of police

of the action of the City Council.

(4) The findings of the City Council shall not be set aside unless found to be:

a. Contrary to law or ordinances;

b. Unsupported by substantial evidence on the records as a whole; or

c. Unreasonable.

(5) The findings of the City Council shall be final unless appealed within thirty (30) days of the date of such

finding by writ of certiorari to the Superior Court of Gwinnett County.

Sec. 18-116. Records and information to be maintained; display of pawnshop transaction number; identification;

digital photographs; fingerprints; records storage.

Engaging in the business of pledging, trading, pawning, exchanging, or selling used or previously owned

merchandise, furniture, machinery, appliances, utensils, firearms, gold, silver, coins, precious metals, jewelry,

and precious stones within the municipal boundaries of the City is hereby declared to be affected with the public

interest due to the opportunity it affords for the disposal of stolen property. In the public interest and as set forth

herein, all pawnbrokers shall maintain records documenting all pawnshop transactions:

(1) All pawnbrokers shall maintain records documenting accurate descriptions of all property pledged, traded,

pawned, exchanged, or sold to the pawnbroker. Such description shall include, to the extent possible, the

manufacturer, model, serial number, style, material, kind, color, design, number of stones if jewelry, and all other

identifying names, marks, and numbers. The pawnbroker shall assign a pawnshop transaction number

documenting each transaction, and ensure each item received is tagged with the pawnshop transaction number.

(2) The tag bearing the pawnshop transaction number must remain attached to the item until the property is

disposed of by sale, trade, or other lawful means. This paragraph does not apply to the purchase of property from

licensed wholesale or distributor businesses for the purpose of retail sales; however the pawnbroker shall be

required to maintain all purchasing records for property exempted from this paragraph.

(3) The pawnbroker shall require all persons pledging, trading, pawning, exchanging, or selling property to

show proper identification prior to conducting a pawnshop transaction. Proper identification is defined as a

government issued photo identification card such as a driver's license, military identification card, state

identification card, or passport.

(4) The pawnbroker shall also document the name, address, telephone number, race, sex, height, weight,

drivers license number, date of birth, and social security number of the person pledging, trading, pawning,

exchanging, or selling the property, along with the date and time of transaction. This documentation shall be

made at the time of the transaction.

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(5) The pawnbroker shall photograph, with a digital camera or web camera, the person pledging, trading,

pawning, exchanging, or selling the property. The photograph shall clearly show a frontal view of the subject's

face along with the pawnbroker's ticket transaction number and a photograph of the item being pledged, traded,

pawned, exchanged, or sold. Digital images shall be labeled and stored in such a manner that they are safe from

corruption, readily identifiable, and readily available for review.

(6) The pawnbroker shall obtain from each person pledging, trading, pawning, exchanging, or selling any

property, the fingerprint of the right hand index finger, unless such finger is missing, in which event the print of

the next finger in existence on the right hand shall be obtained with a notation as to the exact finger printed. The

fingerprint shall be imprinted onto the pawn transaction form in the designated area along with the signature of

the person pawning, trading, pledging, exchanging, or selling the property. The fingerprint must be clear and

legible. In the event that more than one pawn transaction form is required, a fingerprint and signature should be

obtained for each form. Fingerprints and the information required herein shall be obtained each time such person

pledges, trades, pawns, exchanges, or sells any property.

(7) Items of property that appear to be new, unused, and in their original packaging cannot be accepted by the

pawnbroker unless the customer can supply a copy of the original sales receipt, or other proof of purchase from

the place of purchase, to the pawnbroker who shall retain the receipt or proof of purchase on file.

(8) The pawnbroker shall store the above records, digital images, and fingerprints for a period of four years

and make them available to law enforcement personnel upon request.

(9) Every pawnshop shall enter each transaction as it occurs into the electronic automated reporting system

via the internet to the administrator of the electronic automated reporting system. The administrator of the

electronic automated reporting system will electronically transmit all transactions to the county police

department.

Sec. 18-117. Daily report to police; required format.

Every pawnbroker shall make a daily report, in such form as may be prescribed by the chief of police, of all

pawnshop transactions that occurred during 24 hours ending at 9:00 p.m. on the date of the report.

(1) Daily reports shall list all property pledged, traded, pawned, exchanged, or sold, the pawn transaction

number for each transaction, and a description of the property including, to the extent possible, the manufacturer,

model, serial number, style, material, kind, color, design, number of stones if jewelry, and any other identifying

names, marks, and numbers. The daily report shall also list the name, address, race, sex, height, weight, driver's

license number, date of birth, and social security number of the person pledging, trading, pawning, exchanging,

or selling the property along with the date and time of the transaction.

(2) Every pawnshop shall enter each transaction as it occurs into the electronic automated reporting system

via the internet to the administrator of the electronic automated reporting system. The administrator of the

electronic automated reporting system will electronically transmit all transactions to the police department.

(3) In the event that the electronic automated reporting system becomes temporarily or permanently disabled,

pawnshops and pawnbrokers will be notified as soon as possible by the Police Department. In this event, the

pawnbrokers will be required to make records of transactions in paper form as prescribed by the Police

Department. Such paper forms must include all information as enumerated in Section 18-116. Pawnbrokers

shall be responsible for maintaining an adequate inventory of these forms.

279

(4) The chief of police shall select and designate the required automated reporting system and required

equipment needed. There will be a fee assessed to the pawnshop for each reported transaction. Said fee may be

assessed against the persons pledging, trading, pawning, exchanging, or selling property. The accessed fee shall

not exceed 50% of the actual cost charged by the police department or the third party administrator. This fee will

be invoiced to the pawnbroker and collected by the chief of police, which may be a third party administrator of

the automated reporting system.

Sec. 18-118. Property not to be disposed of for 30 days after acquisition; location of property; police holds.

(a) All property received through any pawnshop transaction shall be held for at least thirty (30) days before

disposing of same by sale, transfer, shipment, or otherwise, except when property is redeemed as per a pawn

transaction contract.

(b) All property pledged, traded, pawned, exchanged, or purchased shall be held and maintained by the

pawnbroker on the premises of the pawnshop or, if impracticable, at such other location as may have been

previously approved in writing by the chief of police. The chief of police shall not approve any off-premises

storage facilities located outside Gwinnett County.

(c) The Police Department has the authority to place property that is the subject of police investigation on

"police hold." In that event, the Police Department shall notify the pawnbroker of the need for a police hold and

identify all property subject to the police hold. Upon notification, it shall be the responsibility of the pawnbroker

to maintain the subject property until such time as the property is released from police hold status or the property

is confiscated as evidence.

Sec. 18-119. Dealing with minors.

It shall be unlawful for any pawnbroker, his or her agents or employees, to receive through any pawnshop any

property from minors. A minor, for the purpose of this section, is an individual 17 years of age or under.


The hours during which pawnbrokers and pawnshops may conduct business shall be no earlier than 7:00

a.m. to no later than 9:00 p.m. and shall only be allowed to conduct business Monday through Saturday.

Sec. 18-121. Responsibility for enforcement.

The Police Department and the City Clerk shall have the responsibility for the enforcement of this Article. Sworn

officers of the county police department and civilian employees designated by the chief of police or the City

Clerk shall have the authority to inspect establishments licensed under this during the hours in which the

premises are open for business. These inspections shall be made for the purpose of verifying compliance with the

requirements of this and state law. This section is not intended to limit the authority of any other county or city

officer or employee to conduct inspections authorized by other provisions of the code, ordinances or charter of

the city.

Sec. 18-122. Penalty for violation.

Any person, firm, company, corporation or other entity who violates any provision of this may be subject to

arrest or summoned to appear in the Municipal Court of the City of Sugar Hill and upon conviction or other

finding of guilt, be punished by a fine of up to $1,000.00 or 60 days imprisonment, or both.

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Sec. 18-123. Severability.

If any portion of this ordinance is declared by a Court of competent jurisdiction to be invalid or

unenforceable, such declaration shall not be deemed to affect the remaining portions of this ordinance.

Secs. 18-124. – 18-170. Reserved.

Amend. February, 2010.

ARTICLE V.

FOOD SALES



The following words, terms and phrases, when used in this article shall have the meanings ascribed to

them in this section, unless the context clearly indicates a different meaning:

Food sales establishment means retail and wholesale grocery stores; retail seafood stores and places of

business; food processing plants, seafood processing plants, except those processing plants which are currently

required to obtain a license from the commissioner of agriculture under any other provision of law; bakeries;

confectionaries; fruit, nut, and vegetables stores or roadside stands; wholesale sandwich and salad

manufacturers; including vending machines and operations connected therewith; and places of business and

similar establishments, mobile or permanent, engaged in the sale of food primarily for consumption off

premises.

(Amd. of 2-2003)

Secs. 18-172--18-195. Reserved.

DIVISION 2.

LICENSE

Sec. 18-196. Posted license required.

Each food sales establishment as defined herein licensed pursuant to this Code shall post such license on the

premises in an open or conspicuous manner so as to be visible to the public.

(Amd. of 2-2003)

Sec. 18-197. Compliance required for issuance or renewal.

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Pursuant to state law the city clerk shall not issue or renew any occupation tax for any food sales

establishment as defined herein until such establishment complies with the requirements of the Codes of

Georgia and of the city.

(Amd. of 2-2003)

Secs. 18-198--18-220. Reserved.

ARTICLE VI.

FOOD VENDING VEHICLES



As used in this article, the following terms shall have the following meanings, unless the context clearly

indicates that a different meaning is intended:

City means the City of Sugar Hill.

Vehicle or cart means any cart or vehicle used for the sale of food as described in this article.

Vehicular food vendor means any person engaged in the business of selling food products from a vehicle

or cart, self-powered or otherwise, on the public and private streets and other areas of the city, provided that the

words "vehicular vendor" shall not include salesmen who use vehicles to go from place to place for the purpose of

making sales on the premises of a prospective purchaser.

(Code 1988, § 12-151; Ord. of 2-11-1991, § 1)

Sec. 18-222. Re-inspection of facilities and premises; unsatisfactory condition grounds for license

revocation.

(a) The licensee's vehicles or carts shall be subject to periodic re-inspection throughout the license

period by the health officer and police department, or their representatives.

(b) If an unsatisfactory sanitary, mechanical or operational condition is noted by an inspector, the

licensee shall remedy the same without delay. Failure to so remedy an unsatisfactory condition

shall be cause for revocation of the applicable license.

(Code 1988, § 12-156; Ord. of 2-11-1991, § 6)

Sec. 18-223. Report of changes.

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Each licensee shall report any changes in facilities to the clerk. No new vehicle or cart shall be put in

service until a $10.00 per vehicle or cart inspection fee has been paid and the vehicle or cart has been inspected and

approved.

(Code 1988, § 12-157; Ord. of 2-11-1991, § 7)


Each vehicular food vendor operating within the city shall operate in a safe and sanitary manner and shall

comply with all applicable federal, state, and local laws and regulations governing the operation of such

businesses and such vehicles or carts. No vehicular food vendor shall operate in such a manner as to constitute a

parking or driving hazard to vehicles.

(Code 1988, § 12-158; Ord. of 2-11-1991, § 8)

Sec. 18-225. Periods of operation.

No vehicular food vendor that moves from location to location shall remain in any one location for more

than 30 consecutive minutes.

(Code 1988, § 12-159; Ord. of 2-11-1991, § 9)

Secs. 18-226--18-250. Reserved.

LICENSE


No person shall operate as a vehicular food vendor without having first secured a valid license for each

place of business operated within the city and also for each vehicle or cart to be used in the operation of any

such business.

(Code 1988, § 12-152; Ord. of 2-11-1991, § 2)


Any person desiring a license shall make application thereof in writing to the city clerk and accompany

the application with the required license fee. The application shall be a form prepared by the city clerk and shall

contain:

(1) The name and residence of the applicant and how long he has resided within the state. If the

applicant is a corporation, the address of the business office of the corporation and the address of the

corporate headquarters shall be given;

(2) The location and ownership of each place of business to be used;

(3) List of vehicles or carts to be used in the operation, including identification numbers and

ownership; and

(4) Any other information requested by the clerk if relevant to the business proposed to be carried

on.

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(Code 1988, § 12-153; Ord. of 2-11-1991, § 3)

Sec. 18-253. Fees and term.

(a) The license fee shall be $25.00 for each cart or vehicle.

(b) All such licenses shall expire at 12:00 midnight on December 31 following issuance; and the full

amount of the license fee shall be paid regardless of the time of the year in which the license is

issued. (Code 1988, § 12-154; Ord. of 2-11-1991, § 4)

Sec. 18-254. Investigation of facilities and vehicles prerequisite for issuance.

(a) Upon the filing of an application, the city may request that appropriate health officers investigate

the facilities for storage and dispensing of food products in each vehicle or cart of the applicant.

If the cart or vehicle is found to be unsatisfactory, the health officer shall so report to the city

clerk and the license shall be denied. If the cart or vehicles are found to be satisfactory, the health

officer shall so report to the city clerk.

(b) Upon the filing of an application hereunder, the city may request the police department to

investigation each vehicle to determine that it is mechanically and operationally safe. If the

vehicle is found to be unsafe, the police shall so report to the city clerk, and the license shall be

denied. If the vehicle is found to be safe, the police shall so report to the city clerk.

(c) If the reports of the health officer and of the police department indicate that the vehicles or carts

are in satisfactory and safe condition, the city clerk shall then issue the license.

(d) If a license is rejected because of conditions found by the health officer, the health officer shall

state the specific reasons in writing, and the clerk shall provide a copy of the reasons to the

applicant. If the license is rejected because of conditions found by the police department, the

police shall state the specific reasons in writing, and the clerk shall provide a copy of the reasons

to the applicant. The applicant may correct the conditions and reapply upon submitting a

re-inspection fee of $10.00 for each vehicle or cart to be re-inspected.

(Code 1988, § 12-155; Ord. of 2-11-1991, § 5)


The provisions of this article shall not apply to vehicular food vendors authorized to sell products at any

city-sponsored or -approved festival or public event.

(Code 1988, § 12-160; Ord. of 2-11-1991, § 10)

Sec. 18-256. Revocation of license; appeal.

(a) Licenses issued hereunder shall be revoked by the city clerk for any of the following reasons:

(1) If a licensee has fraudulently obtained the license by willfully giving false information on

any substantial matter in the application therefore;

(2) If the licensee has violated any of the provisions of this article or any other division or any

284

law of the state relating to vehicular vendors;

(3) For the conviction of any crime involving moral turpitude;

(4) For conducting the business of the license in an unlawful manner or in a manner

constituting a breach of the peace or a menace to the health, safety and general welfare of

the public; and

(5) If the licensee has become ineligible to obtain a license under this article.

(b) Any person aggrieved by the revocation of his license by the city clerk may appeal to the

governing body within five days after notice of such revocation.

(Code 1988, § 12-161; Ord. of 2-11-1991, § 11)


Any person, firm or corporation violating any provision of this article shall be fined not less than $5.00

nor more than $500.00 for each offense, and a separate offense shall be deemed committed on each day during or

on which a violation occurs or continues.

(Code 1988, § 12-162; Ord. of 2-11-1991, § 12)

Secs. 18-258--18-280. Reserved.

ARTICLE VII.

MASSAGE OR SPA ESTABLISHMENTS DIVISION 1.

GENERALLY


them in this section, except where the context clearly indicates a different meaning:

Massage apparatus means any manual, mechanical, hydraulic, hydrokinetic, electric, or electronic

device or instrument or any device or instrument operated by manual, mechanical, hydraulic, hydrokinetic or

electric power, which is utilized by a massage therapist for the purpose of administering a massage.

Massage establishment means any business established for profit which employs or contracts with one or

more massage therapists or operates or maintains for profit one or more massage apparatus, and which for good

or valuable consideration, offers to the public facilities and personnel for the administration of massages. This

term shall not include hospitals or other professional health care establishments separately licensed as such by the

state.

Massage or massage therapy means the manipulation and/or treatment of soft tissues of the body,

including but not limited to the use of effleurage, petrissage, pressure, friction, tapotement, kneading, vibration,

range of motion stretches, and any other soft tissue manipulation whether manual or by use of massage apparatus,

and may include the use of oils, lotions, creams, salt glows, hydrotherapy, heliotherapy, hot packs, and cold

packs. This term shall not include diagnosis, the prescribing of drugs or medicines, spinal or other joint

285

manipulations, or any service or procedure for which a license to practice chiropractic, physical therapy, podiatry,

or medicine is required by the state.

Massage therapist/practitioner/masseur/masseuse means any person who for good or valuable

consideration administers a massage or massage therapy.

Spa establishment means any business established for profit that provides personal services such as body

wraps, hydro mineral wraps, body polish, body wash, baths and hydro tub soak.

(Amd. of 12-2003, § 18-230)

Sec. 18-282. Scope of regulations.

(a) All licenses issued under this article shall constitute a mere privilege to conduct the business so

authorized during the term of the certificate or permit only and subject to all terms and conditions

imposed by the city, county and state law.

(b) Nothing in this article shall be construed to regulate, prevent, or restrict in any manner:

(1) Any physician, chiropractor, physical therapist, or similar professional licensed and

regulated by or through the state while engaged in the practice of said profession.

(2) Any hospital or other professional health care establishment separately licensed as such

by the state.

(3) Any other individual or entity expressly exempted from local legislation by the laws of

the state. (Amd. of 12-2003, § 18-231)

Sec. 18-283. General operating provisions.

(a) Filing of employee information. It shall be the duty of all persons holding a license under this

article to annually file, along with the renewal application for the license, the name of all

employees, their home address, home telephone number and place of employment. The holder

of a license issued under the provisions of this article must additionally report changes in the list

of employees with the names and require supplement information for new employees to be filed

with the city clerk or its designee within ten days from the date of such change.

(b) Records of client information to be maintained and subject to inspection. It shall be the duty of

any person granted a license under this article to maintain correct and accurate records of the name

and address of the persons receiving treatment at such establishment; the type of treatment

administered; and the name of the person at the establishment administering the treatment. The

records shall be subject to inspection at any time by the city clerk, or its designee, or members of

the county police department.

(c) Owner, manager to on premises. The establishment shall have an owner, manager, or supervisor

on premise at all hours the establishment offers massage therapy. If during an inspection there is

no owner, manager, or supervisor on premise the establishment must cease operations and close

to the public until an owner, manager or supervisor is on-premises.

(d) Period of time records to be maintained. Records required to be maintained under this article

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shall be kept for a minimum of two years beyond the expiration date of a license. Records shall

be made available to the city clerk, during business hours, at the certificate holder's business

location in the city, within ten business days of any such request.

(e) Premises subject to inspection. The establishment shall be subject to inspection at any time

during business hours by the city clerk and by members of the county police department, to ensure

compliance with this article.

(f) Clothing. All employees, massage therapist and other persons on the premises, with the

exception of the customers, shall be completely clothed at all times when administering a

massage. For the purposes of this article completely clothed shall mean having on the upper

portion of the body appropriate undergarments and either blouse or shirt which shall cover all the

upper body save the arms and neck and shall mean having on the lower body appropriate

undergarments plus either pants or skirt, and said pants or skirt must cover from the waist down

to a point at least two inches above the knee. All clothes worn in compliance with this article

shall be entirely nontransparent.

(g) Hours of business. No business of a massage therapist shall be engaged in and no place of

business shall be open for business except within and between the hours of 7:00 a.m. and

7:00 p.m.

(h) Signage. A readable sign shall be posted at the main entrance identifying the establishment.

Signs shall comply with the sign requirements of the city.

(i) Minimum lighting. Minimum lighting shall be provided in accordance with the Uniform Building

Code, and additionally, at least one artificial light of not less than 40 watts shall be provided in

each enclosed room or booth.

(j) Beds or mattresses. Ordinary beds or mattresses shall not be permitted in any establishment.

(k) Compliance with building and safety codes. The establishment, prior to the issuance of the

license, must be in compliance with all applicable building and life safety codes, and the

building to be occupied must have a valid, current certificate of occupancy.

(l) Minors. It shall be unlawful for any person under the age of 18 to patronize any massage

establishment unless such person carries with him/her at the time of such patronage, a written

order directing the treatment to be given by a regularly licensed physician or written permission

of the underage person's parent or guardian. It shall be the duty of the holder of a license to

determine the age of the person attempting to patronize a massage establishment and to prohibit

such patronage by an underage person

(m) Unlawful actions of massage practitioner. No massage practitioner, or any of his employees,

shall manipulate, fondle or handle the sexual organs or anus of any person.

(n) Alcoholic beverages. It shall be unlawful for any establishment licensed under this article to

engage in the sale of alcoholic beverages or to allow the consumption of alcohol by any person on

the premises of said establishment.

(Amd. of 12-2003, § 18-235)

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Secs. 18-284--18-305. Reserved.

DIVISION 2.

LICENSE

Sec. 18-306. Required; application.

(a) In addition to obtaining an occupation tax certificate as referenced in article II of chapter 70, all

persons, firms or corporations desiring to engage in the business, trade or profession of a massage

establishment shall, before engaging in such trade, business, profession, make application for a

license in the form and manner prescribed in this article. The application shall include the

information required on all license returns, along with the following additional information:

(b) No license for a massage establishment shall be granted to any person who is not a citizen of the

United States or an alien lawfully admitted for permanent residence.

(1) A letter certifying as to the good moral character of the applicant, signed by three

currently qualified and registered voters Gwinnett County of good moral character.

Individuals signing such letter must provide their name, address and social security

number.

(2) The applicant must hold and furnish a certified copy of a diploma or certificate of

graduation from a state certified school and accredited school of massage therapy. The

diploma must be representative of the fact that applicant attended a course of study of

not less than 500 credit hours, consisting of a curriculum of anatomy, physical culture,

physiology, basic massage theory, technique and clinical practice, approach to

massage, allied modalities and disease awareness and other such subjects.

(3) The applicant must furnish a certified statement from the National Certification Board

of Therapeutic Massage and Body Work evidencing passage by the applicant thereof of

the exam for massage therapists administered by said board.

(4) If the applicant is a corporation or partnership, such corporation or partnership shall

submit the foregoing information and exhibits with regard to each employee,

independent contractor agent and partner, general or limited associated with the

operation of the massage therapy establishment.

(5) If the applicant is a corporation, such corporation shall, in addition to the foregoing

information, submit a complete list of the stockholders of said corporation, including

names, current addresses and current occupations, and provide the name and address for

its registered agent in Gwinnett County.

(6) If the applicant is a corporation, such corporation must be chartered under the laws of the

state or authorized by the secretary of state to do business in Georgia.

(7) If the applicant is an individual, the applicant must submit a copy of a valid driver license

or a valid I.D. card as reliable proof thereof. Additionally, if the applicant does not reside

in Gwinnett County, the applicant must provide the name and address for an agent who

288

resides in Gwinnett County authorized to receive legal process and notices under this

article on behalf of the applicant.

(c) In addition to obtaining an occupation tax certificate as referenced in article II of chapter 70, all

persons, firms or corporations desiring to engage in the business, trade or profession of a spa

establishment shall, before engaging in such trade, business, profession, make application for a

license in the form and manner prescribed in this article. The application shall include the

information required on all license returns, along with the following additional information:

(1) No license for a spa establishment shall be granted to any person who is not a

citizen of the United States or an alien lawfully admitted for permanent residence.

(2) If the applicant is a corporation or partnership, such corporation or partnership shall

submit the foregoing information and exhibits with regard to each employee,

independent contractor agent and partner, general or limited associated with the

operation of the massage therapy establishment.

(3) If the applicant is a corporation, such corporation shall, in addition to the foregoing

information, submit a complete list of the stockholders of said corporation, including

names, current addresses and current occupations, and provide the name and address for

its registered agent in the county.

(4) If the applicant is a corporation, such corporation must be chartered under the laws of the

state or authorized by the secretary of state to do business in the state.

(5) If the applicant is an individual, the applicant must submit a copy of a valid driver

license or a valid I.D. card as reliable proof thereof. Additionally, if the applicant does

not reside in the county, the applicant must provide the name and address for an agent

who resides in the county authorized to receive legal process and notices under this

article on behalf of the applicant.

(d) No person, firm or corporation or its officers shall be granted a license for a massage or spa

establishment unless it shall appear to the satisfaction of the city clerk or its designee that such

person, partners in the firm, officers, directors and shareholders of the corporation have not been

convicted or plead guilty or entered a plea of nolo contendere under any federal, state or local law

of any crime involving illegal gambling, any felony, criminal trespass, public indecency,

disorderly conduct, misdemeanor involving any type of sexual related crime, any theft or violence

against person or property, any crime of possession, sale or distribution of illegal drugs,

distribution of material depicting nudity or sexual conduct as defined under state law, criminal

solicitation to commit any of these listed offenses, attempts to commit any of these listed

offenses, for a period of the ten years prior to the date of application for such certificate and has

been released from parole or probation. No person, partner or officer under the age of 18 shall be

granted a license for massage establishment or spa.

(Amd. of 12-2003, § 18-232)

Sec. 18-307. Regulatory fee; expiration and renewal.

(a) There shall be an annual regulatory fee for each massage and spa establishment licensed within the

city in the amount of $60.00. The regulatory fee shall be paid with the license application.

289

(b) All licenses granted hereunder shall expire on December 31 of each year. Licensees who desire to

renew their license shall file application, with the requisite fee heretofore provided, with the city

clerk on the form provided for renewal of the license for the ensuing year. Applications for

renewal must be filed before November 30 of each year. Any renewal applications received after

November 30 shall pay in addition to said annual fee, a late charge of 20 percent. If license

application is received after January 1, such application shall be treated as an initial application

and the applicant shall be required to comply with all rules and regulations for the granting of

licenses as if no previous license had been held.

(c) All licenses granted hereunder shall be for the calendar year and the full regulatory fee must be

paid for a license application filed prior to July 1 of the license year. One half of a full regulatory

fee shall be paid for a license application filed after July 1 of the license year.

(d) Any person renewing any license issued hereunder who shall pay the required fee, or any portion

thereof, after January 1, shall, in addition to said annual fee and late charges, pay simple interest

on the delinquent balance at the annual rate then charged by the Internal Revenue Service of the

United States on unpaid federal income taxes.

(Amd. of 12-2003, § 18-233)

Sec. 18-308. Work permits required.

Prior to the issuance of a license the on-premises owner, manager and employee desiring to engage in the

business, trade or profession of massage therapy shall be required to obtain a work permit. (Amd. of 12-2003,

§ 18-234)

Sec. 18-309. Issuance of license.

(a) When a license application is submitted in proper form, including all information and exhibits

required herein and accompanied by the correct fees, the application shall be accepted and a

review of the application and an inspection and investigation shall be conducted by the city clerk

or its designee. The city clerk or its designee shall transmit a copy of the completed application to

the county police department. Upon the payment by the applicant of the required fees, the county

police department, or its designee, shall cause to be conducted a background investigation of the

police record of the applicant, and shall transmit a summary of the investigation results to the city

clerk or his designee.

(b) Upon receipt of the background investigation, and completion of review of the application in

accordance with the terms of this article, the city clerk or its designee shall act on the application.

The city clerk shall deny any application that:

(1) Fails to meet each of the application requirements specified herein.

(2) Fails to meet each of the minimum standards specified in Section 18-306 of this article.

(3) Contains false information in the application or attached

documents. (Amd. of 12-2003, § 18-236)

Sec. 18-310. Grounds for revocation and suspension of license.

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The license of a massage establishment or spa may be revoked or suspended upon one or more of the

following grounds:

(1) Failure of the holder to maintain initial requirements for obtaining the license.

(2) The holder is guilty of fraud in the practice of massage, or fraud or deceit in his being issued the

license for the practice of massage.

(3) The holder is engaged in the practice of massage under a false or assumed name, or is

impersonating another therapist of a like or different name.

(4) The holder has violated any laws relating to sodomy, aggravated sodomy, solicitation of sodomy,

public indecency, prostitution, pimping, pandering, pandering by compulsion, masturbation for

hire, disorderly conduct, or entered a plea of nolo contendere to any felony.

(5) Any of the holder's employees, independent contractors or agents has been convicted, pled

guilty, or entered a plea of nolo contendere to any felony, or has violated any laws relating to

sodomy, aggravated sodomy, solicitation of sodomy, public indecency, prostitution, pimping,

pandering, pandering by compulsion, masturbation for hire, or disorderly conduct in connection

with the operation of the massage establishment or on or about the premises of the massage

establishment.

(6) Failure of the holder to maintain correct and accurate records as required by this article.

(7) Failure of the holder to actively supervise and monitor the conduct of the employees,

independent contractors, agents, customers, or others on the premises in order to protect the

health, safety, and welfare of the general public and the customers.

(8) The holder, his employees, agents, or independent contractors associated with the establishment

have allowed to occur or have engaged in a violation of any part of this article.

(9) The holder has violated any of the provisions of this article.

(Amd. of 12-2003, § 18-237)


No license for a massage or spa establishment shall be denied, suspended or revoked without the

opportunity for a hearing as hereinafter provided.

(1) The city clerk shall provide written notice to the applicant or license holder of his order to deny,

suspend or revoke the license. Such written notification shall set forth in reasonable detail the

reasons for such action and shall notify the applicant or license holder of the right to appeal

under the provisions of this chapter. Any applicant or license holder who is aggrieved or

adversely affected by a final action of the city clerk may have a review thereof by appeal to the

zoning board of appeals. Such appeal shall be by written petition filed in the office of the city

clerk within 15 days after the final order or action of the city clerk and in order to defray

administrative costs, must be accompanied by a filing fee of $500.00. The city clerk, at his

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discretion, may waive or reduce the filing fee amount if it is determined the fee would create a

hardship on the individual filing such appeal. The zoning board of appeals may at the request of

the appellant, refund the filing fee by a majority vote.

(2) A hearing shall be conducted on each appeal within 30 days of the date of filing with the city

clerk unless a continuance of such date is agreed to by the appellant and the city clerk. The

appellant at such hearing shall have the right to be represented by an attorney, at the expense of the

appellant, and to present evidence and cross-examine witnesses. Should the appellant desire an

official transcript of the appeal proceedings, then such request must be made at least three days

prior to such hearing. The appellant shall have the burden of proof on any such appeal. Before

hearing an appeal each member of zoning board of appeals shall sign an affidavit to be part of

the record that he or she is not related to or personal friends with any appellant or any owner of

the establishment in question in the appeal being considered and that he or she has not financial

interest in the outcome of the appeal. Should any member be unable to sign such an affidavit,

that member shall not serve on that appeal and the case shall be heard by the remaining members

of the zoning board of appeals.

(3) The findings of the zoning board of appeals shall be forwarded to the city clerk with 15 days

after the conclusion of the hearing, and it shall be the duty of the city clerk to notify the appellant

and the county police department of the action of the zoning board of appeals.

(4) The findings of the zoning board of appeals shall not be set aside unless found to be:

a. Contrary to law or ordinances;

b. Unsupported by an evidence on the records as a whole; or

c. So unreasonable as to constitute a gross abuse of discretion.

(5) The findings of the zoning board of appeals shall be final unless appealed within 30 days of the

date of such finding by certiorari to the superior court of the county. An aggrieved party shall

have all other remedies provided by law or at equity to all ordinances.

(Amd. of 12-2003, § 18-238)

Secs. 18-312--18-335. Reserved.

ARTICLE VIII.

ADULT ENTERTAINMENT ESTABLISHMENTS DIVISION 1.

GENERALLY

Sec. 18-336. Findings and Purpose.

(a) Findings. The mayor and council of the city finds that adult entertainment establishments, if

unregulated, may lead to an increase in prostitution, venereal and other sexually-transmitted

disease, drug and alcohol offenses and other criminal activity; and the law enforcement resources

available for responding to problems associated with or created by adult entertainment

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establishments are limited and are conserved by regulating the method of operation and location

of adult entertainment establishments; and based upon the experiences of other urban counties

and municipalities, including but not limited to Atlanta and Fulton County, Georgia; DeKalb

County, Georgia; Gwinnett County, Georgia; City of Smyrna, Georgia; Phoenix, Arizona;

Tucson, Arizona; Garden Grove, California; Los Angeles, California; Whittier, California;

Adams County, Colorado; Manatee County, Florida; Indianapolis, Indiana; Minneapolis,

Minnesota; Saint Paul, Minneosta; Las Vegas, Nevada; Ellicottville, New York; Islip, New York;

New York City, New York; Times Square, New York; New Hanover County, North Carolina;

Cleveland, Ohio; Oklahoma City, Oklahoma; Amarillo, Texas; Austin, Texas; Beaumont, Texas;

Cleburne, Texas; Dallas, Texas; Houston, Texas; Newport News, Virginia; Bellevue Washington;

Des Moines, Washington; Seattle, Washington; and St. Croix County, Wisconsin, which

experiences the mayor and council believe are relevant to the problems faced by the city and

based upon the evidence and testimony of the citizens and experts who have appeared before such

other bodies, and the studies produced by such bodies, the mayor and council take note of the

notorious and self-evident conditions attendantto the commercial exploitation of human sexuality,

which do not vary greatly among generally comparable communities within our country; it is the

finding of the mayor and council that based on the above, public nudity and semi- nudity, under

certain circumstances, particularly circumstances relating to the sale of and consumption of

alcoholic beverages in so-called "nude bars" or establishments offering so-called "nude

entertainment", "adult entertainment", or "erotic entertainment" begets criminal behavior and

creates undesirable community conditions. Among the acts of criminal behavior identified with

nudity and alcohol are disorderly conduct, prostitution, and drug use and trafficking. Among the

undesirable community conditions identified with nudity and alcohol are depression of property

values in the surrounding neighborhoods, increased expenditure for and allocation of law

enforcement personnel to pre serve law and order, increased burden on the judicial system as a

consequence of the criminal behavior hereinabove described, and acceleration of community

blight by the location of such establishments in particular areas; it is also the finding of the mayor

and council that based on the above, there is an increase in the commercial exploitation of human

sexuality by owners of such establishments where alcoholic beverages are served or offered for

sale for consumption on the premises. Such exploitation takes the form of employing or

permitting persons to perform or exhibit nude or semi-nude bodies to other persons as an

inducement to such other persons to purchase alcoholic beverages. Such commercial exploitation

of such nude or semi-nude acts is adverse to the public's interest in the quality of life, tone of

commerce and total community environment in the city. Therefore, the limitation of nude or

semi-nude conduct in establishments licensed to sell alcohol for consumption on the premises is

in the public welfare and is a matter of governmental interest and concern to prevent the

occurrence of behavior and undesirable community conditions normally associated with

establishments which serve alcohol and also allow and/or encourage nudity and semi-nudity. The

mayor and council have reviewed or caused to be reviewed certain decisions of the appellate

courts, including but not limited to Paramount Pictures Corporation v. Busbee, et al., 252 Ga. 250

(1982); Harris v. Entertainment Systems, Inc., 259 Ga. 701 (1989); Yarbrough v. City of

Carrollton, 262 Ga. 444 (1992); Gravely v. Bacon, 263 Ga. 203 (1993); World Famous Dudley's

Food & Spirits, Inc. v. City of College Park, 265 Ga. 618 (1995); Parker v. Whitfield Co., 265

Ga. 829 (1995); Goldrush II v. City of Marietta, 267 Ga. 683 (1997); Quetgles v. City of

Columbus, 268 Ga.619 (1997); Vincent, Inc. v. Broward County, Florida, 200 F.3d 1325 (2000);

Wise Enterprises, Inc. v. Athens-Clarke County, Georgia, 217 F.3d 1360 (2000); Artistic

Entertainment, Inc. v. City of Warner Robins, 223 F.3d 1306 (2000); University Books and

Videos, Inc. v. Miami-Dade County, Florida, 132 F.Supp.2d 1008 (2001); and Flanigan's

Enterprises, Inc. v. Fulton County, Georgia, 242 F.3d 976 (2001). The public health, safety,

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welfare and convenience require that the method of operation and location of adult entertainment

establishments be regulated in order to reduce the potential for harm, and in order to preserve the

quality of urban life in residential and business areas of the community; and the location of an

adult entertainment establishment and like or associated businesses in certain areas or in close

proximity of the same tend to attract an undesirable quantity and quality of transients, adversely

affecting property values, cause an increase in crime, reduces property values, and encourage

residents and businesses therein to move elsewhere.

(b) Purpose. The purpose of this article is to regulate certain types of businesses including, but not

limited to, adult entertainment establishments, to the end that the many types of criminal

activities frequently engendered by such businesses will be curtailed. However, it is recognized

that such regulation cannot de facto approach prohibition. Otherwise, a protected form of

expression would vanish. As to adult entertainment establishments, this article represents a

balancing of competing interests: reduced criminal activity and protection of the neighborhoods

through the regulation of adult entertainment establishments versus the protected rights of adult

entertainment establishments and patrons.

(Amd. of 10-2001, § 18-151)


The following words, terms and phases when used in this article shall have the meanings ascribed to them in

this section unless the context clearly indicates otherwise:

Adult entertainment establishments shall include all of the following establishments:

(1) Adult bookstore means an establishment having a substantial or significant portion of its stock in

trade, books, magazines or other periodicals which are distinguished or characterized by their

emphasis on matter depicting, describing or relating to specified sexual activities or specified

anatomical areas or an establishment with a segment or section, comprising five percent of its

total floor space, devoted to the sale or display of such materials or five percent of its net sales

consisting of printed materials which are distinguished or characterized by their emphasis on

matter depicting, describing or relating to specified sexual activities or specified anatomical

areas.

(2) Adult business means either:

a. Each of those enterprises defined in this article;

b. Any business other than those expressly specified in this article, where employees or

patrons expose specified anatomical areas or engage in specified sexual activities; or

c. Any other business or establishment which offers its patrons services, merchandise,

or entertainment characterized by an emphasis on matter depicting, describing,

discussing or relating to specified sexual activities or specified anatomical areas.

(3) Adult dancing establishment means a business that features dancers displaying or exposing

specified anatomical areas.

(4) Adult motion picture theater means an enclosed building with a capacity of 50 or more persons

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used for presenting material distinguished or characterized by an emphasis on matter depicting,

describing or relating to specified sexual activities or specified anatomical areas for observation

by patrons therein.

(5) Adult mini-motion picture theater means an enclosed building with a capacity of less than 50

persons used for commercially presenting material distinguished or characterized by an emphasis

on matter depicting or relating to specified sexual activities or specified anatomical areas for

observation by patrons therein.

(6) Adult motion picture arcade means any place to which the public is permitted or invited wherein

coins or slug-operated or electronically, electrically or mechanically controlled still or motion

picture machines, projectors or other image-producing devices are maintained to show images to

five or fewer persons per machine at any one time and where the images so displayed are

distinguished or characterized by an emphasis on depicting or describing specified sexual

activities or specified anatomical areas.

(7) Adult video store means an establishment having a substantial or significant portion of its stock in

trade, video tapes or movies or other reproductions, whether for sale or rent, which are

distinguished or characterized by their emphasis on matter depicting, describing or relating to

specified sexual activities or specified anatomical areas or an establishment with a segment or

section, comprising five percent of its total floor space, devoted to the sale or display of such

material or which derives more than five percent of its net sales from videos which are

characterized or distinguished by their emphasis on matter depicting, describing or relating to

specified sexual activities or specified anatomical areas.

(8) Erotic dance establishment means a nightclub, theater or other establishment which features

live performances by topless and/or bottomless dancers, go-go dancers, strippers or similar

entertainers, where such performances are distinguished or characterized by an emphasis on

specified sexual activities or specified anatomical areas.

(9) Escort bureau; introduction services means any business, agency or persons who, for a fee,

commission, hire, reward or profit, furnished or offer to furnish names of persons, or who

introduce, furnish or arrange for persons who may accompany other persons to or about social

affairs, entertainments or places of amusement, or who may consort with others about any place

of public resort or within any private quarters.

(10) Good moral character. A person is of good moral character according to this article if that person

has not been convicted of a felony or misdemeanor of any state or of the United States, or of a

violation of any municipal ordinance with the exception of a simple traffic violation (which shall

not include driving under the influence) within the past ten years. Conviction shall include a plea

of nolo contendere or bond forfeitures.

(11) Minor means, for the purposes of this article, any person who has not attained the age of 18 years.

Specified anatomical areas shall include any of the following:

(1) Less than completely and opaquely covered human genitals or pubic region; buttock; or female

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breast below a point immediately above the top of the areola; or

(2) Human male genitalia in a discernibly turgid state, even if completely and opaquely covered.

Specified sexual activities means and shall include any of the following:

(1) Actual or simulated sexual intercourse, oral copulation, anal intercourse, oral anal copulation,

bestiality, direct physical stimulation of unclothed genitals, flagellation or torture in the context

of a sexual relationship, or the use of excretory functions in the context of a sexual relationship

and any of the following sexually oriented acts or conduct; analingus, buggery, coprophagy,

coprophilia, cunnilingus, fellatio, necrophilia, pederasty, pedophilia, piquerism, sapphism,

zooerasty;

(2) Clearly depicted human genitals in a state of sexual stimulation, arousal or tumescence;

(3) Use of human or animal ejaculation, sodomy, oral copulation, coitus or masturbation;

(4) Fondling or touching of nude human genitals, pubic region, buttocks or female breast;

(5) Masochism, erotic or sexually oriented torture, beating or the infliction of pain;

(6) Erotic or lewd touching, fondling or other sexual contact with an animal by a human being; or

(7) Human excretion, urination, menstruation, vaginal or anal irrigation.

(Amd. of 10-2001, § 18-152)

Sec. 18-338. Applicability of article.

Nothing in this article adopted by the mayor and council of the city shall be construed to apply to the

presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall,

museum of fine arts, school, institution of higher education, or other similar establishment as a form of an

expression of opinion or communication of ideas or information, as differentiated from the promotion or

exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business

enterprise.

(Amd. of 10-2001, § 18-184)

Sec. 18-339. Erotic dance establishment regulations.

(a) No person, firm, partnership, corporation or other entity shall operate, advertise or cause to be

advertised an erotic dance establishment without a valid adult entertainment establishment

license issued pursuant to this article.

(b) No later than March 1 of each year, an erotic dance establishment licensee shall file a verified

report with the city clerk showing the licensee's gross receipts and amounts paid to dancers for

the preceding calendar year.

(c) An erotic dance establishment licensee shall maintain and retain for a period of three years the

names, addresses and ages of all persons employed as dancers.

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(d) No adult entertainment establishment licensee shall employ or contract with as a dancer a person

under the age of 18 years or a person not permitted pursuant to this article.

(e) No person under the age of 18 years shall be admitted to an erotic dance establishment. It shall be

the continuing obligation of the licensee and the employees and agents of the licensee at all times

to take such steps as may be necessary to ensure that all persons in or on the premises shall be at

least 18 years of age and shall be capable of proving their age at any time by the presentation of a

valid driver's license or other proof that such person is, in fact, 18 years of age or older.

(f) An erotic dance establishment shall be closed within the hours of 12:01 a.m. and 7:00 a.m.

Monday through Saturday and shall be closed from 12:00 midnight Saturday night through

12:00 noon on Sunday.

(g) No erotic dance establishment licensee shall serve, sell, distribute or suffer the consumption or

possession of any alcoholic beverage, intoxicating liquor or controlled substance upon the

premises of the licensee.

(h) An adult entertainment establishment licensee shall conspicuously display all licenses required

by this article.

(i) All dancing shall occur on a platform intended for that purpose which is raised at least 18 inches

from the level of the floor.

(j) No dancing shall occur closer than ten feet to any patron.

(k) No dancer shall fondle or caress any patron, and no patron shall fondle or caress any dancer.

(l) No patron shall directly pay or give any gratuity to any dancer.

(m) No dancer shall solicit any pay or gratuity from any patron.

(n) All areas of an erotic dance establishment shall be fully lighted at all times patrons are present.

Full lighting shall mean illumination equal to 3.5 footcandles per square foot.

(o) If any portion or subparagraph of this section or its application to any person or circumstances is

held invalid by a court of competent jurisdiction, the remainder or application to other persons or

circumstances shall not be affected.

(Amd. of 10-2001, § 18-153)

Sec. 18-340. Certain activities prohibited.

No person, firm, partnership, corporation or other entity shall publicly display or expose or suffer the

public display or exposure, with less than a full opaque covering, of any portion of a person's genitals, pubic area

or buttocks in a lewd and obscene fashion.

(Amd. of 10-2001, § 18-154)

Sec. 18-341. Sale of alcohol prohibited.

No adult entertainment establishment shall be licensed to sell alcoholic beverages or shall allow the

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possession or consumption of alcoholic beverages on its premises.

(Amd. of 10-2001, § 18-157)

Sec. 18-342. Admission of and sales to minors unlawful.

It shall be unlawful for a licensee to admit or permit the admission of minors within a licensed premises. It

shall be unlawful for any person to sell, barter or give or to offer to sell, barter or give to any minor any service,

material, device or thing sold or offered for sale by an adult bookstore, adult motion picture theater, adult dancing

establishment or other adult entertainment establishment.

(Amd. of 10-2001, § 18-158)

Sec. 18-343. Location.

(a) Premises for which an application is made for the licensing of adult entertainment establishment at

the time of the application and at the time the license is granted, if granted, shall be located only

in a HM- 1 zoning district, as the same is now or hereafter delineated and defined by the zoning

ordinance of the city. Any such location shall also meet the following requirements:

(1) An adult entertainment establishment shall be located no closer than 1,000 feet from

another parcel of land with an adult entertainment establishment.

(2) An adult entertainment establishment shall be located on property which is no closer than

1,000 feet from any parcel of land which is zoned for residential use.

(3) An adult entertainment establishment shall be located no closer than 1,000 feet from any

parcel of land upon which a church, library, school ground, public park, playground, college

campus or child care facility is located.

(4) An adult entertainment establishment shall be located no closer than 1,000 feet from any

parcel of land upon which their is any establishment licensed to sell alcoholic beverages

in the city.

(5) An adult entertainment establishment shall be located on a parcel of land having at least

100 feet of road frontage.

(6) For the purposes of these standards, distance shall be by airline measurement from

property line, using the closest property lines of the parcels of land involved. The term

"parcel of land" means any quantity of land capable of being described by location and

boundary that is designed and used or to be used as a unit.

(b) The completed building or the proposed building shall comply with the ordinances of the city;

regulation of the state revenue commissioner; the laws of the state; and all other pertinent laws.

The proposed building shall also be subject to final inspection and approval when finished by the

building inspector. Each building in which the business is to be located shall contain sufficient

lighting so that the building itself and the surrounding premises are readily visible at all time. All

adult entertainment facilities for which a license shall be issued shall afford therein adequate

sanitary toilet facilities and shall be adequately illuminated so that all hallways, passageways, and

open areas may be clearly seen by the customers therein.

(Amd. of 10-2001, § 18-159)

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Sec. 18-344. Adult entertainment establishment employees.

(a) Qualifications. Employees of an adult entertainment establishment shall be not less than 18 years

of age. Every employee must be of good moral character as defined in this article. Any employee

who is convicted of a crime constituting a felony or a crime not a felony involving moral

turpitude while employed as an adult entertainment establishment employee shall not thereafter

work on any licensed premises for a period of five years from the date of such conviction, unless

a longer time is ordered by a court of competent jurisdiction. The term "convicted" shall include

an adjudication of guilt or a plea of guilty or nolo contendere or the forfeiture of a bond when

charged with a crime, and the terms "employed on the licensed premises" and "work on any

licensed premises" shall include as well work done or services performed while in the scope of

employment elsewhere than on the licensed premises.

(b) Dancers not to be waiters, waitresses, etc. A dancer employed as such by an adult business, adult

dancing establishment, or erotic dance establishment hereunder shall not at any time be employed

by the licensee as a waiter, waitress, bartender or bus person or in any capacity for a period of 30

days after having performed as a dancer in the licensed premises or in any premises in the state in

which adult entertainment is offered or allowed. It is the intent of this provision that dancers shall

perform no function other than that of dancing or providing the entertainment licensed hereby and

shall not at any time provide services as waiters, waitresses, bartenders, bus persons or otherwise

in or about the licensed premises.

(c) City clerk approval of employees. Before any person may work on a licensed premises, the person

shall file a notice with the city clerk of the intended employment on forms supplied by the city

clerk and shall receive approval of such employment from the city clerk in the form of an

employment permit. The prospective employee shall complete an application with the city clerk

including all information necessary to conduct a background investigation, including but not

limited to a set of fingerprints, on regular city or United States Department of Justice forms. The

application shall be acted upon by the city clerk within ten business days of its submittal. Failure

to grant or deny the permit within ten business days shall be deemed a grant of the permit. Upon

approval, the employee may begin working on the licensed premises. If approval is denied, the

prospective employee may within ten days of said denial, apply to the city clerk for a hearing.

The decision of the city clerk after a hearing may be appealed to the city council in the same

manner provided for the appeal of license denials in sections 18-378, 18-379, and 18-436--18-

443. An investigation fee of $50.00 shall accompany the notice of intended employment or a

receipt of the city clerk evidencing the payment of such fee at the time the notice if filed. The

applicant for a permit shall file with the city manager or his designee an application which shall

state, truthfully and correctly, the age and current address of the applicant; all prior addresses of

the applicant within the immediately preceding three-year period and the marital status of the

applicant during such period; any convictions for violation of federal, state, or local laws

excluding traffic violations (other than traffic violations involving alcohol or controlled

substances) within the immediately preceding three years; and any other information reasonably

requested by the city manager or his designee in conjunction with such application.

(d) Violations of ordinances or state law. Violation of the provisions of the ordinances of the city,

laws and regulations of the state, or the rules and regulations of the city shall subject an employee

to suspension or revocation of the employment permit.

(e) Independent contractors. For the purpose of this article, independent contractors shall be

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considered as employees and shall be permitted as employees, regardless of the business

relationship with the owner or licensees of any adult entertainment establishment.

(Amd. of 10-2001, § 18-160)

Sec. 18-345. Violations of article; penalty.

Any person violating the provision of this article shall be guilty of an ordinance violation punishable by a

fine not to exceed $1,000.00 per violation or imprisonment in the city jail for a period not to exceed 60 days or

both. In addition to such fine, and/or imprisonment, conviction, plea of guilty or plea of nolo contendere for

violation of this article shall also be grounds for immediate suspension or revocation of the license issued

hereunder.

(Amd. of 10-2001, § 18-176)

Sec. 18-346. Unlawful operation declared nuisance.

Any adult entertainment establishment operated, conducted or maintained contrary to the provisions of this

article shall be and the same is hereby declared to be unlawful and a public nuisance. The city may, in addition

to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings

for abatement, removal or enjoinment thereof in the manner provided by law. It shall take such other steps and

shall apply to such court or courts as may have jurisdiction to grant such relief as will abate or remove such

adult entertainment establishment and restrain and enjoin any person from operating, conducting or maintaining

an adult entertainment establishment contrary to the provisions of this article. In addition, violation of the

provisions of this article shall be per se grounds for suspension or revocation of a license granted hereunder.

(Amd. of 10-2001, § 18-177)

Sec. 18-347. Cleaning of licensed premises.

Each licensed premises shall be maintained in a clean and sanitary condition and shall be cleaned at least

once daily and more frequently when necessary. This activity shall be supervised by the person in charge of the

licensed premises. There shall be provided adequate facilities, equipment and supplies on the licensed premises to

meet this requirement, and adequate ventilation and illumination shall be provided to permit thorough, complete

cleaning of the entire licensed premises. Trash and garbage shall not be permitted to accumulate or to become a

nuisance on or in the immediate vicinity of the licensed premises but shall be disposed of daily or as often as

collections permit.

(Amd. of 10-2001, § 18-179)

Sec. 18-348. Self-inspection of licensed premises.

The licensee of a licensed premises or his designated representative shall make sanitary inspections of

the license premises at least once a month and shall record his findings on a form supplied by the city clerk.

Each licensed premises shall post and maintain in a readily accessible place a schedule for maintaining the

sanitation of the premises.

(Amd. of 10-2001, § 18-180)

Sec. 18-349. Sealing for unsanitary or unsafe conditions.

A licensed premises or any part thereof may be sealed by order of the city clerk on his finding of a

violation of this article resulting in an unsanitary or unsafe condition. Prior to sealing, the city clerk shall serve on

the licensee, by personal service on him or by posting in a conspicuous place on the licensed premises, a

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notice of the violation and an order to correct it within 24 hours after service. If the violation is not so corrected, the

city clerk may physically seal that portion of the license premises causing the violation and order the

discontinuance of use thereof until the violation has been corrected and the seal removed by the city clerk. The

city clerk shall affix to the sealed premises a conspicuous sign labeled "Unclean" or "Unsafe" as the case may be.

(Amd. of 10-2001, § 18-181)

Sec. 18-350. Abatement as sanitary nuisance.

A licensed premises or any part thereof may be abated as a sanitary nuisance.

(Amd. of 10-2001, § 18-182)

Sec. 18-351. Prohibition of enclosed viewing rooms.

Any adult entertainment establishment as defined in this article having available for customers, patrons or

members any booth, room, or cubicle for the private viewing of any adult entertainment must comply with the

following requirements:

(1) Access. Each booth, room or cubicle shall be totally accessible to and from aisles and public

areas of the establishment, and shall be unobstructed by any curtain, door, lock, or other control

type or view obstructing devices or materials.

(2) Construction. Every booth, room or cubicle shall meet the following construction requirements:

a. Each booth, room or cubicle shall be separated from adjacent booths, rooms and cubicles

and any nonpublic areas by a wall.

b. Have at least one side totally open to a public lighted aisle so that there is an unobstructed

view at all times of anyone occupying same.

c. All walls shall be solid and without openings, extended from the floor to a height of not

less than six feet and be light colored, nonabsorbent, smooth textured and easily

cleanable.

d. The floor must be light colored, nonabsorbent, smooth-textured and easily cleaned.

e. The lighting level of each booth, room or cubicle shall be a minimum of ten candles at all

times, as measured from the floor.

(3) Occupants. Only one individual shall occupy a booth, room or cubicle at any time. No occupant

of same shall engage in any type of sexual activity, cause any bodily discharge or litter while in

the booth, room or cubicle. No individual shall damage or deface any portion of the booth, room or

cubicle.

(Amd. of 10-2001, § 18-183)

Secs. 18-352--18-375. Reserved.

DIVISION 2.

Subdivision I.

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In General

Sec. 18-376. License does not condone illegal activity.

It shall be unlawful for any person, association, partnership or corporation to engage in, conduct or carry

on in or upon any premises within the city any of the adult entertainment establishments defined in this article

without a license so to do. No license so issued shall condone or make legal any activity thereunder if the same is

deemed illegal or unlawful under the laws of the state or the United States.

(Amd. of 10-2001, § 18-155)


It shall be unlawful for any person to operate an adult entertainment establishment as defined in this

article unless such business shall have a currently valid license or shall have made proper application for

renewal within the time required thereof under this article, which license shall not be under suspension or

permanently or conditionally revoked.

(Amd. of 10-2001, § 18-156)

Sec. 18-378. Renewal; fee.

Licenses for adult entertainment establishments may be renewed on a year-to-year basis, provided that the

licensees continue to meet the requirements set out in this article. The nonrefundable license fee shall be

$5,000.00 per year or any portion thereof. The renewal fees for the adult entertainment establishment licenses

shall be $5,000.00 per year. Any such license, after issuance, must be renewed annually not later than February 1

of each year and such license will be considered for renewal only in the event the current license holder is in full

and complete compliance with all of the provisions of this article and all other ordinances of the city and the laws of

the state which may apply to the licensing and operation of the premises licensed hereunder. Any license not

renewed by February 1 of each year shall lapse. Operation of unlicensed premises is unlawful. (Amd. of 10-2001,

§ 18-167)

Sec. 18-379. Transferability.

No adult entertainment establishment license may be sold, transferred or assigned by a licensee, or by

operation of law, to any other person or persons. Any such sale, transfer or assignment or attempted sale, transfer

or assignment shall be deemed to constitute a voluntary surrender of such license, and such license shall thereafter

be null and void; provided and excepting, however, that if the licensee is a partnership and one or more of the

partners should die, one or more of the surviving partners may acquire, by purchase or otherwise, the interest of

the deceased partner or partners without effecting a surrender or termination of such license, and in such case the

license, upon notification to the city, shall be placed in the name of the surviving partner. An adult entertainment

establishment license issued to a corporation shall be deemed terminated and void when either any outstanding

stock of the corporation is sold, transferred or assigned after the issuance of a license or any stock authorized but

not issued at the time of the granting of a license is thereafter issued and sold, transferred or assigned.

(Amd. of 10-2001, § 18-168)

Sec. 18-380. Suspension or revocation.

If the licensee or if any employee of the licensee or if any stockholder, officer or agent of the licensee, if a

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corporation, or if any partner, co-owner or joint-venturer shall violate any of the provisions hereof or shall be

convicted of any crime involving moral turpitude related to the premises licensed hereunder, whether a felony or

misdemeanor and other than minor traffic violations, or shall otherwise fail to comply with the provision hereof,

the license granted pursuant to the provisions of this chapter may be revoked, terminated, suspended, otherwise

limited by the mayor and council of the city after a public hearing is held for that purpose in accordance with the

appropriate requirements of the due process clause of the Constitution of the United States and the Constitution

of the state. In the event any such violation by the licensee shall, in the opinion of the mayor and council of the

city, constitute such a violation and shall immediately place in jeopardy or pose an immediate threat to persons or

to property, sufficient to justify immediate action, the mayor and council may, by informally providing limited

due process, temporarily suspend such license provided they shall within a period of 30 days thereafter, proceed

to afford to the licensee a full due process hearing, and if such a hearing is not provided, the license suspension

shall be lifted.

(Amd. of 10-2001, § 18-178)

Sec. 18-381. Persons prohibited as licensees.

No license provided for by this article shall be issued to or held by:

(1) An applicant who has not paid all required fees and taxes for a business at that location or

property taxes;

(2) Any person who is not of good moral character;

(3) Any corporation, any of whose officers, directors or stockholders holding over five percent of the

outstanding issued shares of capital stock are not of good moral character;

(4) Any partnership or association, any of whose officers or members holding more than five percent

interest therein are not of good moral character;

(5) Any person employing, assisted by or financed in whole or in apart by any person who is not of

good moral character;

(6) Any applicant who is not qualified to hold and conduct a business according to the laws of the

United Sates, the state or the city.

(Amd. of 10-2001, § 18-165)

Secs. 18-382--18-405. Reserved.

Subdivision I.

Application

Sec. 18-406. Submittal to city clerk; application fee.

Any person, association, partnership or corporation desiring to obtain a license to operate, engage in,

conduct or carry on any adult entertainment establishment shall make application to the city clerk or her

designated representative. Prior to submitting such application, a nonrefundable application fee of $250.00 shall be

paid to the city clerk to defray, in part, the cost of the investigation and report required by this article. The city

clerk shall issue a receipt showing that such application fee has been paid. The receipt or a copy thereof shall be

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supplied to the city clerk at the time such application is submitted.

(Amd. of 10-2001, § 18-161(a))

Sec. 18-407. Application not authority to conduct business.

The application for a license does not authorize the engaging in, operation of, conduct of or carrying on of

any adult entertainment establishment.

(Amd. of 10-2001, § 18-161(b))

Sec. 18-408. Bond to be filed with application.

All applicants for licenses permitting adult entertainment establishments shall file with the clerk, along

with each application, a bond conditioned to pay all sums which may become due by the applicant to the city as

taxes, license fees, or otherwise arising out of the operation for which the license is sought; and the surety for the

bond shall be a surety company licensed to do business in this state and the bond shall be in such form as is

acceptable to the clerk. The bond shall be in the amount of $5,000.00.

(Amd. of 10-2001, § 18-161(c))

Sec. 18-409. Investigation of application.

All applications for a license permitting an adult entertainment establishment shall be investigated by the

county police county department and a report of said investigation presented to the clerk for consideration with

the application.

(Amd. of 10-2001, § 18-161(d))

Sec. 18-410. Application contents.

Each application for an adult entertainment establishment license shall contain the following

information:

(1) The full true name and any other names used by the applicant;

(2) The present address and telephone number of the applicant;

(3) The previous addresses of the applicant, if any, for a period of five years immediately prior to the

date of the application and the dates of residence at each;

(4) Acceptable written proof that the applicant is at least 18 years of age;

(5) The applicant's height, weight, color of eyes and hair and date and place of birth;

(6) Two photographs of the applicant at least two inches by two inches taken within the last six

months;

(7) Business, occupation or employment history of the applicant for the five years immediately

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preceding the date of application. Such information shall be supplied regarding partners in a

partnership, directors and officers of a corporation and, if a corporation, all shareholders

holding more than five percent of the shares of corporate stock outstanding;

(8) The business license history of the applicant and whether such applicant, in previous operations

in this or any other city, state or territory under license, has had such license or permit for an adult

entertainment establishment or similar type of business revoked or suspended, the reason

therefore, and the business activity or occupation subsequent to such action of suspension or

revocation;

(9) All convictions, including ordinance violations, exclusive minor of traffic violations, stating the

dates and places of any such convictions;

(10) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown

in its articles of incorporation or charter, together with the place and date of incorporation, and

the names and addresses of each of its current officers and directors, and each stockholder

holding more than five percent of the stock in the corporation. If the applicant is a partnership,

the applicant shall set forth the name, residence address and dates of birth of the partners,

including limited partners. If the applicant is a limited partnership it shall furnish a copy of its

certificate of limited partnership filed with the clerk of court. If one or more of the partners is a

corporation, the provisions of this subsection pertaining to corporations shall apply. The

applicant corporation or partnership shall designate one of its officers or general partners to act

as its responsible managing officer. If the applicant is a limited liability company or similar

entity, all members shall provide information. Such designated persons shall complete and sign

all application forms required of an individual applicant under this article, but only one

application fee shall be charged;

(11) The names and addresses of the owner and/or lessor of the real property upon which the business

is to be conducted and a copy of the deed, lease or rental agreement;

(12) Such other identification and information as the county police department may require in order to

discover the truth of the matters hereinbefore specified as required to be set forth in the

application;

(13) The age and date of birth of the applicant, of any partners, or of any and all officers, of any

stockholders of more than five percent of the shares of the corporation stock outstanding,

directors of the applicant if the applicant is a corporation;

(14) If the applicant, any partners of any of the officers or stockholders holding more than five

percent of the outstanding shares of the corporation, or the directors of the applicant if the

applicant is a corporation, have ever been convicted of any crime constituting a felony, or any

crime not a felony involving moral turpitude, in the past ten years and, if so, a complete

description of any such crime, including date of violation, date of conviction, jurisdiction and

any disposition, including any fine or sentence imposed and whether terms of disposition have

been fully completed;

(15) The city shall require the individual applicant to furnish fingerprints of the applicant;

(16) If the applicant is a person doing business under a trade name, a copy of the trade name properly

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recorded. If the applicant is a corporation, a copy of authority to do business in Georgia,

including articles of incorporation, trade name affidavit, if any, last annual report, if any;

(17) At least three character references from individuals who are in no way related to the applicant or

individual shareholders officers or directors of a corporation and who are not or will not benefit

financially in any way from the application if the license is granted and who have not been

convicted of any felony misdemeanor or a Municipal Code violation involving moral turpitude in

the past ten years. The city clerk shall prepare forms consistent with the provisions of this

subsection for the applicant, who shall submit all character references on such forms;

(18) Address of the premises to be licensed;

(19) A plat by a registered engineer, licensed by the state, showing the location of the proposed

premises and that the certification that the site meets the location requirements of section 18-343;

(20) Each application for an adult entertainment establishment license shall be verified and

acknowledged under oath to be true and correct by:

a. If the applicant is an individual, the individual;

b. If by a partnership, by the manager or general partner;

c. If a corporation, by the president or secretary of the corporation;

d. If any other organization or association, by the chief administrative official.

(Amd. of 10-2001, § 18-162)

Sec. 18-411. Applicant to provide proof of payment of application fee.

The applicant, if an individual, or designated responsible managing officer, if a partnership or

corporation, shall personally appear at the city and produce proof that a nonrefundable application fee has been

paid and shall present the application containing the aforementioned and described information. (Amd. of 10-

2001, § 18-163)

Sec. 18-412. Investigation of application and applicant; grant or denial.

(a) Time limit for investigation. The city shall have 30 days to investigate the application and the

background of the applicant.

(b) Conditions for granting license. Upon completion of the investigation, the city clerk shall grant

the license if the city clerk finds:

(1) The required fee has been paid;

(2) The application conforms in all respects to the provisions of this article;

(3) The applicant has not knowingly made a material misrepresentation in the

application;

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(4) The applicant has fully cooperated in the investigation of his application;

(5) The applicant, if an individual, or any of the stockholders of the corporation, any officers

or directors, if the applicant is a corporation, or any of the partners, including limited

partners, if the applicant is a partnership, has not been convicted in a court of competent

jurisdiction of an offense involving conduct or convicted of an attempt to commit, or

convicted in any state of any offense which, if committed or attempted in this state, would

have been punishable as a crime involving dishonesty, fraud, deceit or moral turpitude and

is of good moral character;

(6) The applicant has not had an adult entertainment establishment permit or other similar

license or permit denied or revoked for cause by this city or any other city located in or

out of this state prior to the date of application;

(7) The building, structure, equipment or location of such business as proposed by the

applicant would comply with all applicable laws, including but not limited to health,

zoning distance, fire and safety requirements and standards;

(8) The applicant is at least 18 years of age;

(9) That the applicant, his employee, agent, partner, director, officer, stockholder or manager

has not within five years of the date of the application, knowingly allowed or permitted

any of the specified sexual activities as defined herein to be committed or allowed in or

upon the premises where such adult entertainment establishment is to be located or to be

used as a place in which solicitations for the specified sexual activities as defined herein

openly occur;

(10) That on the date the business for which a license is required herein commences, and

thereafter, there will be a responsible person on the premises to act as manager at all

times during which the business is open;

(11) That the proposed premises is not to be located too close to any church, school,

library, governmental building or site or any other business restricted

hereunder;

(12) That the grant of such license will not cause a violation of this article or any other

ordinance or regulation of the city, state or the United States;

(13) That the applicant has not had any license issued by the city or by any other city in the

state, or by any other licensing authority in the state relating to the manufacture,

distribution or sale of alcoholic or malt beverages or wine previously suspended or

revoked within the past ten years;

(14) That the applicant is not related to any distributor or wholesaler of alcoholic beverages

or employees thereof within the first degree of consanguinity or affinity as computed

according to the laws of the state;

(15) That the applicant has adequate financial participation in the proposed business to direct

and mange its affairs and that the applicant is not a mere surrogate for a person or

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persons who would not otherwise qualify for a license for any reason whatsoever;

(16) That the applicant is not the city clerk or a member of the city council or a spouse or

minor child of one of the aforesaid persons;

(17) That the applicant is at least 18 years of age and is a citizen of the United States or

an alien lawfully permitted for permanent residence.

(c) Failure to meet character requirements. The clerk may decline to issue a license when any

person having any interest in the operation of such place of business or control over such place of

business does not meet the same character requirements as herein set forth for the licensee.

(d) Written notice of grant or denial. The city clerk shall complete the investigation of the

application and the background of the application within 30 days of the submission of the

complete application, and shall either grant or deny said application within the 30-day period.

Written notice of the grant or denial of the license shall be provided to the applicant within five

business days of the end of the 30-day period, and failure to provide such written notice within

the time period shall constitute a granting of the license.

(e) Failure to pay license fee. Should the license be granted either by express written approval of the

clerk or by failure to provide written approval or denial within the time period provided, said

applicant shall tender the license fee of $5,000.00 to the city by certified check within ten days

of the approval. Failure to tender the required license fee within the time period provided shall

constitute grounds for revocation of said license. The license fee shall be paid by certified check.

(Amd. of 10-2001, § 18-164)

Secs. 18-413--18-435. Reserved.

DIVISION 3.

APPEALS

Sec. 18-436. Time limit for filing.

Should the city clerk, following investigation of the applicant, deny the application within the time

period set forth in section 18-412, said applicant shall have the right to file an appeal of the denial. The appeal

shall be filed with the city clerk in writing within ten days of the date of the written denial.

(Amd. of 10-2001, § 18-166)

Sec. 18-437. Procedure.

(a) Notice of appeal. The licensee shall, within ten days after he has been notified of an adverse

determination, submit a written notice of appeal to the city clerk.

(b) Contents of notice. The notice of appeal shall be addressed to the mayor and council and shall

specify the subject matter of the appeal, the date of any original and amended application or

request, the date of the adverse decision (or receipt of notice thereof), the basis of the appeal, the

action requested of the mayor and council and the name and address of the applicant.

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(c) Clerk to place on council meeting agenda. The clerk shall place the appeal on the agenda of the

next regular council meeting occurring not less than five nor more than 30 days after receipt of

the notice of appeal for council action.

(Amd. of 10-2001, § 18-169)

Sec. 18-438. Council action.

When an appeal is placed on the council agenda, the council may take either of the following actions:

(1) Set a hearing date and instruct the city clerk to give such notice of hearing as may be required by

law;

(2) Appoint a hearing officer and fix the time and place for hearing. The hearing officer may or may

not be a city employee and may be appointed for an extended period of time. The clerk shall

assume responsibility for such publication of notice of the hearing as may be required by law. If a

hearing officer is appointed, the hearing shall be conducted in accordance with the procedures set

out in this article;

(3) The hearing provided for in this section shall be scheduled for a date which is not more than 45

days after the city's receipt of the written notice of appeal.

(Amd. of 10-2001, § 18-170)

Sec. 18-439. City council to receive testimony and evidence.

Whenever an appeal is scheduled before the city council, at the time and date set therefore, the council

shall receive all relevant testimony and evidence from the licensee, from interested parties, and from city staff. The

city council may sustain, overrule or modify the action complained of. The action of the city council shall be final.

(Amd. of 10-2001, § 18-171)

Sec. 18-440. Hearing officer.

The hearing officer appointed pursuant to the procedure set out in this article may receive and rule on

admissibility of evidence, hear testimony under oath and call witnesses as he may deem advisable with respect to

the conduct of the hearing.

(Amd. of 10-2001, § 18-172)

Sec. 18-441. Rules of evidence.

The council and the hearing officer shall not be bound by the traditional rules of evidence in hearings

conducted under this article. Rules of evidence as applied in an administrative hearing shall apply. (Amd. of

10-2001, § 18-173)

Sec. 18-442. Hearing officer report and final decision.

Should a hearing officer have been appointed by the mayor and council to conduct an appeal hearing, the

hearing officer shall submit a written report and recommendation to the council within five business days of the

conclusion of said hearing. Regardless of whether or not a hearing officer has been used at said hearing, the

council shall schedule a meeting for the purpose of making a final determination in the matter which meeting

shall be not more than ten business days from the conclusion of the appeals hearing. At this meeting, the council

shall receive the report of the hearing officer, if any, and shall make a final determination on the appeal. The

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applicant shall be notified of the date and time of the meeting at which final action will be taken. Said notice shall

be provided in writing at least five business days prior to the date of the meeting. The council's decision shall be

reduced to writing at the time of the meeting and provided to the applicant appealing the decision within five

business days of the date the decision is rendered by the city council.

(Amd. of 10-2001, § 18-174)

Sec. 18-443. Appeal of council decision to superior court.

Any person whose appeal is denied by the city council, shall have the right to appeal the decision of the

city council to the superior court of the county. The appeal shall be by writ of certiorari filed in accordance with all

state provisions related to such an action, and the review of the superior court shall be based on the record of the

appeal hearing before the city council.

(Amd. of 10-2001, § 18-175)


In the event any section, subsection, sentence, clause or phrase of this article shall be declared or adjudged

invalid or unconstitutional, including but not limited to, a declaration or adjudication that such section,

subsection, sentence, clause or phrase of the article violates a constitutional provision of free speech under the

Georgia Constitution or the United States Constitution, such adjudication shall in no manner effect the other

sections, subsections, sentences, clauses or phrases of this article, all of which shall remain in full force and effect

as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were

not originally a part thereof. The city council hereby declares it would have adopted the remaining parts of the

ordinance if it had known that such part or parts thereof would be declared or adjudged invalid or

unconstitutional. The provisions of this article are declared severable to the maximum extent allowed by law.

(Amd. of 10-2001, § 18-185)

Chapter 18

ARTICLE IX.

TATTOO AND BODY PIERCING ESTABLISHMENTS

Sec. 18-600. Authority.

The legal authority for these rules is Section 16-5-71, Section 16-5-71.1, Section 16-12-5, Section 31-3-4,

and Chapters 5 and 40 of Title 31 of the Official Code of Georgia Annotated.


The Body Art Studios and Body Artists Rules are adopted for the purpose of establishing reasonable

standards for individuals performing body art procedures and the facilities from which the procedures are

provided. Such standards are designed to promote the health and safety of all individuals performing and

receiving body art services.


These rules shall not apply to a physician or osteopath licensed under Chapter 34 of Title 43 of the

Official Code of Georgia Annotated, or a technician acting under the direct on-site supervision of such licensed

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physician or osteopath.


The following definitions shall apply to these rules. Any word or phrase not defined below but otherwise

defined in these rules shall be given that meaning. All other words or phrases shall be given their common

ordinary meaning unless the context clearly requires otherwise.

(1) “Antibacterial Solution” means any solution used to retard the growth of bacteria which is

approved for application to human skin and includes all products labeled accordingly as approved

by FDA.

(2) “Biohazard” means any infectious agents or parts thereof presenting a real or potential risk to the

wellbeing of human or other species, directly through infection or indirectly through disruption of

the environment.

(3) “Body Art” means the practice of physical body adornment by the following techniques: Body

Piercing, Tattooing, and Cosmetic Tattooing. This definition does not include for the purposes of

these rules, piercing of the outer perimeter or lube of the ear with pre-sterilized single-use stud

and clasp ear piercing systems.

(4) “Body Artist Permit” means the authorization granted by the Board of Health to the Body Artist

to perform body art. Such permit is the property of the Gwinnett County Board of Health.

(5) “Body Art Studio” means any permanent building, structure, or suite located in a planned

commercial center on a permanent foundation, holding a valid city or county business permit or

license, wherein a Body Artist performs body art.

(6) “Body Artist” means any person who performs body art.

(7) “Body Piercing” means puncturing or penetrating the skin or mucosa of a person with any sharp

instrument and/or the insertion jewelry or other adornment thereto in the opening.

(8) “Cosmetic Tattooing” means to mark or color the skin by pricking in, piercing, or implanting

indelible pigments or dyes under the skin or mucosa. Cosmetic Tattooing shall include

permanent cosmetics, micro-pigmentation, permanent color technology, and micro-pigment

implantation.

(9) “Board of Health” means the Gwinnett County Board of Health or its duly authorized

representatives.

(10) “Currently Licensed Health Care Professional” includes but is not limited to Licensed Physicians,

Registered Nurses (RN), Licensed Practical Nurses (LPN), and Licensed Medical Technicians.

(11) “Department” means the Department of Human Resources if the State of Georgia.

(12) “Owner” means a partnership, corporation, association, business entity, or person or group of

persons which/who own, maintain, and control the Body Art Studio and who are legally

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responsible for the operation of the Body Art Studio.

(13) “Parlor” means the actual room of the Body Art Studio where the Body Artist performs

procedures.

(14) “Body Art Studio Permit” means the authorization granted by the Board of Health to the Owner

to operate a Body Art Studio. Such permit is the property of the Gwinnett County Board of

Health.

(15) “Sanitary” means clean and free of agents of infection or disease.

(16) “Sanitized” means effective antibacterial treatment by a process that provides a sufficient

concentration of chemicals for enough time to reduce the bacteria count including pathogens to a

safe level on equipment.

(17) “Sharps” means any discarded article that may cause punctures or cuts to the skin.

(18) “Standard Precautions” means a set of guidelines and controls, published by the Center for

Disease Control (CD) as “Guidelines for Prevention of Transmission of Human

Immunodeficiency Virus and Hepatitis B Virus to Health-Care and Public-Safety Workers” in

Morbidity and Morality Weekly Report (MMWR), June 23, 1989, Vol. 38, NO. S-6;

“Recommendation for Preventing Transmission of Human Immunodeficiency Virus and Hepatitis

B Virus to Patients During Exposure-Prone Invasive Procedures,” in MMWR, July 12, 1991, Vol.

40, No. RR-8; and “Recommendations for Prevention and Control of HCV Infection and HCV

Related Chronic Disease” in MMWR, October 16, 1998, Vol. 47, No. RR-19. These methods of

infection control require the employer and the employee to assume that all human blood and

specified human body fluids are infectious for human immunodeficiency virus (HIV), and other

blood borne pathogens. Precaution included, but are not limited to, hand washing, gloving,

personal protective equipment, injury prevention, and proper handling and disposal of needles,

other sharp instruments, and blood and body fluid contaminated products. Standard precautions

include Universal Precautions. In the event that the CDC or other primary reference or regulatory

authority publishes materials or amends regulations applicable to this definition shall be deemed

amended to include the latest versions of these documents, regulations and recommendations.

(19) “Sterilization” means holding in instrument in an autoclave for fifteen (15) minutes at fifteen (15)

pounds pressure at a temperature of 273 degree Farenheit or 121 degrees Celsius.

(20) “Sterilizer” means an autoclave certified to meet medical standards.

(21) “Sterilizer indicator” means a tape, strip, or other device designed to change color to indicate that

sterilization temperature has been achieved during the sterilization procedure.

(22) “Tattoo” means to mark or color the skin by pricking in, piercing, or implanting indelible

pigments or dyes under the skin or mucosa and includes the definition of tattoo as defined in

O.C.G.A. § 31-40-1(1) and as many there after be amended. The term “tattoo” also includes all

forms of Cosmetic Tattooing.

(23) “Wash” means the cleansing the skin with warm water and antibacterial soap and drying with

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single-use towels.

Sec. 18-604. Scope of Rules.

(1) All permits issued under this Article shall constitute a mere privilege to conduct the business so

authorized during the term of the permit only and subject to all terms and conditions imposed by

the City of Sugar Hill, the Board of Health, the Department, and state law.

(2) The requirements of these rules shall be in addition to all other licensing, taxing, regulatory

provisions of local, state, or federal law and shall not authorize violations of said other applicable

laws.

Sec. 18-605. Body Art Studio Owner.

The Owner shall be responsible for compliance with the requirements in Chapter 40 of Title 31 of the

Official Code of Georgia Annotated, with any applicable administrative rules and regulations of the Department,

and with the applicable rules of the Gwinnett County Board of Health, including, but not limited to, all applicable

statutes and rules and regulations regarding disclosure of ownership.

a. No person under eighteen (18) shall perform body art procedures on individuals unless

under the direct on-site supervision of a physician or osteopath licensed under Chapter 34

of Title 43 of the Official Code of Georgia Annotated.

b. Body Artists shall not be under the influence of alcohol and/or drugs while performing

body art procedures.

c. No person shall perform body art procedures on an individual who is or reasonably

appears to be under the influence of alcohol, drugs or other stimulants or depressants or is

of unsound mind or body.

d. No animals of any kind shall be allowed in a Body Art Studio except service animals used

by persons with legally recognized disabilities.

e. No tattoo procedure shall be performed on a person under the age of eighteen (18) except

by a physician or osteopath licensed under Chapter 34 of Title 43 of the Official Code of

Georgia Annotated, or a technician acting under the direct supervision of such physician

or osteopath with the written consent of a parent or guardian.

f. No body piercing procedure shall be performed on a person under the age of eighteen (18)

without the written consent of a parent or guardian. The parent or guardian must be

present when the piercing procedure is performed.

g. No tattoo procedure shall be performed on any person within one (1) inch of any part of

the eye socket of such person.

Sec. 18-606. Body Art Studio Permit.

(1) The Owner of each Body Art Studio shall obtain a valid Body Art Studio Permit from the

Gwinnett County Board of Health Environmental Health Section prior to beginning operation.

Body Art Studios shall renew their Permit annually in accordance with Section 8 herein.

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(2) The Permit is the property of the Gwinnett County Board of Health.

(3) To be eligible for a new Body Art Studio Permit or a renewal permit, a Body Art Studio must be

in compliance with all of the requirements of these rules.

(4) It shall be unlawful for any person to practice body art procedures unless such procedures are

performed in a Body Art Studio operating under a valid Body Art Studio Permit issued by the

Gwinnett County Board of Health Environmental Health Section.

(5) The Body Art Studio Permit shall be displayed on the premises in a conspicuous place in public

view at all times. Permits shall not be defaced or altered in any manner. A Body Art Studio shall

not post a reproduction of a Permit unless the Board of Health has marked it “Duplicate.”

(6) All Body Art Studio permits issued pursuant to these rules are nontransferable.

(7) A Body Art Studio Permit shall be returned to the Gwinnett County Board of Health

Environmental Health Section if it is suspended or revoked.

Sec. 18-607. Application for Body Art Studio Permit.

(1) The application for a Body Art Studio or for the renewal of a Body Art Studio Permit shall be

made on forms provided by the Gwinnett County Board of Health Environmental Health Section.

(2) Any application for a new Body Art Studio Permit or for the renewal of a Body Art Studio Permit

shall be sworn to by the applicant as true, correct, and complete before a notary public or other

officer authorized to administer oaths.

(3) Applications for a New Permit

(a) At least thirty (30) days prior to the anticipated date of opening, the Owner of a new Body

Art Studio shall submit an application to the Gwinnett County Board of Health

Environmental Health Section for a Body Art Studio Permit to operate under these rules.

(b) The application for a new Body Art Studio Permit shall include:

a. A quarter inch per foot scale drawing of the floor plan of the Body Art Studio and

a drawing of associated details shown at one and a half inch per foot scale, signed

by a registered engineer or architect. Such drawing shall show the accurate

placement of each of the following:

i. Hand-sinks

ii. Bathroom(s)

iii. First-Aid kits

iv. Waiting Area(s)

v. Windows

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vi. Doors

vii. Tables

viii. Chairs

ix. Room Measurements

x. Equipment

b. A zoning certification obtained from the appropriate jurisdiction. The applicant

shall comply with all applicable zoning, building, safety, fire, and other local

codes and requirements;

c. A copy of the Certificate of Occupancy for the Studio;

d. A complete description of all body art services which will be provided in the Body

Art Studio;

e. The full or legal name under which the Body Art Studio is conducted;

f. The address of the Body Art Studio;

g. If the Owner leases the location, the name and current address of the landlord;

h. The name and home address of the Owner; if the Owner of Body Art Studio is a

partnership, the names and addresses of all partners; if the Owner is a corporation,

the date and place of incorporation and the name and address of its registered

agent in the state; or if the Owner is any type of association, the names of the

principals of the association;

i. A list containing the full names and home addresses of all employees and staff

who will be working in a Body Art Studio;

j. A copy of the written statement of policies and procedures of the Body Art Studio

in accordance with Section 6 of these rules;

k. An acknowledgement signed by the Owner acknowledging that the Owner has

read and understands these rules; and

l. Such other information as may be deemed necessary by the Board of Health.

(c) The applicant shall submit a non-refundable plan review fee as set by the Gwinnett

County Board of Health and approved by the Gwinnett County Board of Commissioners.

(4) Applications for Renewal

(a) At least thirty (30) days prior to the expiration of a Body Art Studio Permit, the Owner

shall submit an application to the Gwinnett County Board of Health Environmental Health

Section for renewal of the Body Art Studio Permit.

(b) The application for the renewal of a Body Art Studio Permit shall include:

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a. A complete description of all body art services that will be provided at the Studio;

b. The full or legal name under which the Body Art Studio is operated;

c. The address of the Body Art Studio;

d. If the Owner leases the location, the name and current address of the landlord;

e. The name and current home address of the Owner of the Body Art Studio is a

partnership, the names and addresses of all partners; if the Owner is a corporation,

the date and place of incorporation and the name and address of its registered

agent in the state; or if the Owner is any other type of association, the names of the

principals of the association;

f. An updated list containing the full names and home addresses of all current

employees and staff who will be working in the Body Art Studio;

g. A copy of the written statement of policies and procedures of the Body Art Studio

in accordance with Section 6 of these rules;

h. An acknowledgement signed by the Owner acknowledging that the Owner has

read and understands these rules; and

i. Such other information as may be deemed necessary by the Board of Health.

Sec. 18-608. Issuance of Body Art Studio Permits & Fees.

(1) The Gwinnett County Board of Health Environmental Health Section may issue a Body Art

Studio Permit to an Owner after determining that the Studio is in compliance with the

requirements of Chapter 40 of Title 31 of the Official Code of Georgia, with any applicable

administrative rules and regulations of the Department of Human Resources, and with these rules.

(2) A Body Art Studio shall submit an application for a new Body Art Studio Permit when any of

the following conditions exist:

(a) The Studio is remodeled, renovated, or expanded;

(b) There is a change in the legal ownership of the Body Art Studio; or

(c) An existing facility is moved or relocated.

(3) Body Art Studios Permits shall automatically expire on June 30th

of each year.

(4) Prior to the issuance of a Body Art Studio Permit, the Owner must pay the applicable permit fee.

Body Art Studio Permit fees shall not be prorated except that an Owner who submits an

application for a Body Art Studio Permit on January 1 or later shall only be required to pay half

of the Body Art Studio Permit fee.

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Sec. 18-609. Application to Existing Businesses.

The provisions of these rules shall be applicable to all Body Art Studios whether the Studios were

established before or after the effective date of these rules. Any Body Art Studio in business on the effective date

of these rules shall comply with all requirements of these rules within six (6) months of the effective date.

Sec. 18-610. Body Art Studio Minimum Floor Plan Requirements.

(1) The Body Art Studio shall be constructed, arranged, and maintained so as to provide adequately

for the health and safety of its customers and staff.

(2) The Body Art Studio shall be constructed in a manner to allow the customer receiving the

procedure adequate privacy from observers. The Parlor shall be separate from the waiting area.

(3) Each Parlor shall have a minimum of 45 square feet of floor space.

(4) Insects, vermin, and/or rodents shall not be present in any part of the Body Art Studio. Effective

measures shall be taken by the Body Art Studio Owner to prevent the breeding or presence on the

premises of insects, vermin, and/or rodents.

(5) The Body Art Studio shall have adequate mechanical ventilation in compliance with current state

and local building codes.

(6) Walls and ceiling shall be painted or covered in a manner which allows for easy and effective

cleaning. All paint and coverings shall be light in color.

(7) Parlor floors shall be constructed of nonabsorbent material which will allow for effective

cleaning. Floors in the Parlor areas shall not be covered with carpet or wood.

(8) A clean and sanitary toilet and hand washing facility shall be made accessible to customers;

however, it shall be separate from the Parlor.

(9) Each Parlor shall be equipped with at least one sink providing hot and cold water under pressure

trough mixing valve with hot aerator, and with foot or wrist actuated controls, for the use of the

Body Artists for washing their hands and preparing customers for the Body Art procedures. This

area shall be provided with dispenser soap, an antibacterial solution, dispenses single-use towels,

and an individual hand brushes for each Body Artist.

(10) An equipment washing sink shall be provided in the Studio, distinct from the hand sinks and shall

be located in the equipment handling and assembly area. This sink shall meet National Safety

Foundation (NSF) standards.

(11) Each Parlor shall be equipped with an artificial light source equivalent to at least twenty (20) foot

candles three (3) feet off the floor. Body Art procedure areas and equipment handling and

assembly areas shall be provided with one hundred (100) foot candles at the level where the

procedure is performed.

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(12) Parlors shall not be used as corridors for access to other rooms.

(13) A water heater capable of heating water to 100F shall be provided. The size and capacity of

such water heater shall be subject to the approval of the Board of Health.

Sec. 18-611. Body Art Studio Furnishings and Fixtures.

(1) Furnishings of the Body Art Studio shall be maintained in sanitary condition and shall be intact

and functional. The Studio shall be kept clean, neat, and free of litter and rubbish.

(2) Cabinets for the storage instruments, dyes, pigments, single-use articles, carbon, stencils, jewelry,

studs, and other supplies shall be provided for each Body Artist and shall be designed,

manufactured, and maintained in a sanitary manner so as to protect contents from contamination.

(3) Worktables and chairs shall be provided for each Body Artist.

(a) Surfaces of all worktables and chairs shall be constructed of material which is smooth,

light colored, nonporous, nonabsorbent, corrosion resistant, and easily sanitized.

(b) Worktables and chairs shall be sanitized with a bacterial solution after each procedure.

Sec. 18-612. Body Art Studio Supplies.

(1) Single-use supplies shall be commercially packaged and handled to protect them from

contamination. These supplies shall be stored in an area separate from chemical supplies and

toilet facilities.

(2) All materials applied to human skin including, but not limited to, ink, stencils, and single-use

piercing needles shall be from single-use containers and shall be disposed of after each use.

(3) Jewelry supplies used in a Body Art Studio shall be made of implant grade high quality stainless

steel, gold, platinum, titanium, niobium, or dense low porosity plastic. The jewelry shall also be

smooth surfaced and scratch free.

(4) Only single-use sterile gauze and single-use antibacterial ointment dispensers shall be used.

(5) Single-use items shall not be used on more than one client for any reason.

Sec. 18-613. Sterilization.

(1) Instrument Cleaning

(a) All non single-use, non-disposable instruments shall be properly cleaned and sterilized

after each use by following the manufacturer’s recommendations prior to packaging and

sterilization.

(b) Employees shall wear heavy-duty, multi-use, waterproof gloves while cleaning

instruments.

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(c) Used instruments shall be soaked in an EPA approved disinfectant until cleaning can be

performed. The solution shall be changed as recommended by the solution manufacturer.

(d) Instruments shall be disassembled for cleaning.

(e) All instrument components shall be cleaned, either manually or in an ultrasonic cleaner,

using the appropriate cleaning agent specified to the type of cleaning performed.

(2) Instrument Packaging

(a) Employees shall wear clean gloves while packaging or wrapping instruments.

(b) Instruments shall be wrapped or packaged with a Sterilizer Indicator on the package.

(c) All packages shall be labeled with the time and date of sterilization. Packages will no

longer be considered sterile six (6) months after the date of sterilization.

(3) Instrument Sterilization

(a) The sterilizer shall be designed and labeled as a medical instrument sterilizer.

(b) The operator’s manual for the sterilizer shall be available on the premises, and the

sterilizer shall be operated according to the manufacturer’s recommendations.

(c) The sterilizer shall be cleaned and maintained according to the manufacturer’s

recommendations.

(d) A sterilizer load log shall be maintained for the Studio and made available for inspection

by properly identified representatives of the Board of Health during normal operation

hours. The log shall be kept for a minimum of one (1) year. The log shall contain the

following documentation for each load.

i. Descriptions of instruments contained in the load;

ii. Date of sterilization, and time if more than one load is processed in a single day;

iii. Sterilizer cycle time and temperature;

iv. Indication of proper sterilization of instruments, as indicated by the appropriate

color change of the sterilizer indicator on each package. The indicator used shall

be compatible with the sterilization process being used; and

v. Action taken when appropriate color indicator change did not occur.

(4) Sterilization Monitoring

(a) Sterilizer monitoring shall be performed at least once every two (2) months (unless more

frequent monitoring is specified by the manufacturer) by using a commercial biological

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monitoring (spore) system.

(b) All biological indicators shall be analyzed by a laboratory that operates under FDA

guidelines and is independent of the Studio with reports sent to the Studio and the

Gwinnett County Board of Health Environmental Health System.

(c) Biological indicator test results shall be maintained in the premises for a minimum of one

(1) year and must be available for inspection by properly identified representatives for the

Board of Health during normal operation hours.

(d) Upon notification of a positive microbiological monitoring report, the sterilizer shall be

immediately checked for proper use and function. The Studio will cease operations

immediately upon receipt of a positive microbiological report. Three (3) consecutive

biological tests shall be performed before the Studio is reopened. All three (3) tests must

be a negative. The Studio shall have the option to purchase and install a new sterilizer in

order to reopen prior to the receipt of the test result on the previous sterilizer.

(5) Instrument Storage

(a) Hands shall be washed and gloved prior to handling sterilized objects.

(b) After sterilization, the instruments shall be stored in a dry, clean area reserved for storage

of sterilized instruments.

(6) Single-Use Items

(a) If the Body Art Studio operates using only pre-sterilized instruments and supplies, a

sterilizer is not required.

Sec. 18-614. Disinfection of Workplace.

(1) Each Body Art Studio shall be kept clean and sanitary.

(2) The Owner shall develop the implementation of a cleaning schedule that includes appropriate

methods of decontamination, plus any tasks or procedures to be performed daily. This written

schedule shall be based on the types of surfaces to be cleaned, the types of possible contamination

present, the tasks or procedures to be performed, and their location within the Body Art Studio.

The Owner shall maintain a log of all scheduled cleaning. This log shall be available for review

Violation of proper maintenance and documentation thereof will be grounds for immediate

closure and suspension of the Owner’s Body Art Permit.

(3) All work surfaces shall be disinfected with an EPA approved disinfectant at the beginning of each

work day, after completion of body art procedures on each individual, and at the end of each

work day.

(4) All protective coverings such as plastic wrap and aluminum foil shall be removed after each body

art procedure and replaced with unused protective coverings.

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(5) Reusable receptacles such as bins, pails, and cans that have the likelihood of becoming

contaminated shall be decontaminated on a daily basis with a current EPA approval disinfectant.

When contamination is visible, receptacles shall be cleaned and decontaminated immediately.

Sec. 18-615. Disposal of Waste.

(1) All disposable instruments are considered biohazardous and must be disposed of an biohazardous

material. All biohazardous waste must be disposed of in accordance with all applicable local,

state, and federal laws, rules, and ordinances regarding biohazardous waste. Needles, razors, and

other sharp instruments shall be placed in puncture restraint, closed containers immediately after

use and shall be stored in closed cabinets or drawers at the end of each workday.

(2) Needles shall not be purposely bent, broken, or otherwise manipulated.

(3) Sharps waste shall be safely discarded in a rigid and puncture restraint waste container that is leak

proof on the sides and bottom with a self-closing lid. These containers shall be labeled with the

international biohazard symbol and the word “BIOHAZARD.” Sharps waste shall be removed

and disposed of by a company that will dispose of it in accordance with all applicable local, state,

and federal laws, rules and ordinances regarding biohazardous waste.

(4) Biohazardous non-sharps waste shall be discarded in a biohazard bag. Waste shall be removed

and disposed of by a company that will dispose of it in accordance with all applicable local, state,

and federal laws, rules and ordinances regarding biohazardous waste.

(5) Non-biohazardous disposable wastes shall be placed in lined, easily cleanable containers with

tight fitting lids to prevent leakage or spillage.

(6) Non-biohazardous disposable waste shall be handled, stored, and disposed of so as to minimize

direct exposure of personnel to waste materials.

(7) Self-closing waste containers lined with plastic bags manufactured specifically for waste

containers shall be located within each Parlor and restroom and shall be emptied at least once per

day into a commercially approved dumpster. This dumpster must be picked up and emptied by a

commercial contractor at least once per week.

Sec. 18-616. Client Files.

(1) The Owner shall maintain a detailed client file of the body art procedures administered to each

client.

(2) The client file shall be created prior to any body art procedure being performed and shall reflect

the client’s name and signature, address, proof of age, body art procedure performed, date,

design, its precise location upon the body, and the name of the Body Artist or Body Artists

performing or assisting in the procedure. The client files shall also describe whether any

complications or incidents arose during the procedure and detail what action was taken to resolve

the incident. A copy of a valid state issued photo ID must be obtained from the client and

maintained with the client’s file.

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(3) Each client shall be provided with an informed consent statement that fully explains the

procedure and each client shall be required to sign the informed consent statement prior to

receiving any body art procedure. The informed consent statement signed by the client shall be

maintained by the owner in the client file, with a copy given to the client.

(4) A “disclaimer of liability” from promulgated by the Board shall also be signed by the client prior

to receiving any body art procedure. A copy of the “disclaimer of liability” signed by the client

shall be maintained by the owner in the client file, with a copy given to the client.

(5) The client file shall contain a signed and dated statement by the client attesting that he or she is

not under the influence of alcohol and/or drugs at the time of the body art procedure is performed.

(6) The client file shall contain a signed and dated statement by the client attesting that he or she has

received, read, and understood a copy of the after care procedures advising the client on proper

subsequent care of the body art.

Sec. 18-617. Body Art Studio Inspections.

(1) The premises of any Body Art Studio and all records required to be maintained under these

regulations shall be available for review and examination by properly identified representatives of

the Board of Health during normal operation hours for the purpose of making inspections to

determine compliance with these rules.

(2) The Owner shall be responsible for having an employee with knowledge of the Studio’s records

on duty at the Body Art Studio during all hours of operation.

(3) Studio inspections shall be performed at least two (2) times annually. Additional Studio

inspections shall be performed as often as necessary for the enforcement of these rules. Any

violation of these rules will require a re-inspection of the Body Art Studio to determine whether

that violation has been corrected. Each re-inspection will carry a re-inspection fee.

(4) A copy of the most current inspection report shall be posted in public view, in an unobscured

manner, at eye level (5 foot +/- 6 inches) within fifteen (15) feet of the main door. The inspection

report shall be approachable to within one (1) foot.

Sec. 18-618. Body Art Studio Personnel.

(1) Body Artists shall obtain and maintain current certification in emergency first-aid, CPR,

sterilization, blood borne pathogen, and sanitary procedures from currently licensed health care

professional. All certification must be renewed at a minimum of every two (2) years unless a

more frequent time period is specified by the licensing agencies.

(2) The above certifications must be obtained before each Body Artist’s employment.

(3) Each Body Artist must obtain an examination by a current licensed physician within twelve (12)

months prior to the initial application for a Body Art Permit. Each Body Artist must obtain from

the physician a certificate certifying that the Body Artist is free of any communicable disease in a

communicable state, including but not limited to, Syphilis, Hepatitis B&C, and HIV.

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(4) The Owner must maintain a file on all employees who perform body art procedures. Such files

shall be available for inspection by properly identified representatives of the Board of Health

during normal operation hours. The file shall include the following:

(a) Report of physical examination;

(b) Evidence of current emergency first-aid, CPR, sterilization, blood borne pathogen, and

sanitation certification; and

(c) The home address and home telephone number of each employee.

(5) The Owner of a Body Art Studio shall only hire, employ, or use individuals who have complied

with these rules.

Sec. 18-619. Body Artist Permit.

(1) No person may perform body art without first obtaining a Body Artist Permit. Body Artists shall

renew their permit annually.

(2) A Body Artist Permit shall not be eligible for renewal unless all requirements of these rules are

met.

(3) The Body Artist Permit shall be displayed in the Body Artist Parlor.

(4) All Body Artist Permits issued pursuant to these rules are nontransferable.

(5) All Body Artist Permits shall be returned to the Board of Health if it is suspended or revoked.

(6) Proof of current certification in first-air, CPR, blood borne pathogen training, sanitation, and

sterilizer training shall be required prior to the issuance of a Body Artist Permit and shall be

maintained in good standing.

Sec. 18-620. Application for a Body Artist Permit.

(1) Each Body Artist shall submit to the Board of Health an application for a Body Artist Permit.

(2) The application for a Body Artist Permit shall be made on forms provided by the Board of

Health.

(3) Application for a Body Artist Permit shall include the following information concerning the Body

Artist:

(a) Full legal name

(b) All aliases

(c) Home address

(d) Gender

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(e) Mailing address

(f) Home phone number

(g) Training and/or experience

(h) Evidence of current certification in CPR, First-Aid, and blood borne pathogens training,

sanitation, and sterilization training completion.

(i) Physician report of physical examination

Sec. 18-621. Issuance of Body Artist Permit & Fees.

(1) The Gwinnett County Board of Health Environmental Health Section may issue a Body Artist

Permit to an individual after determining that the individual is in compliance with the

requirements of Chapter 40 of Title 31 of the Official Code of Georgia Annotated, with any

applicable rules and regulations of the Department, and with these rules.

(2) A Body Artist Permit shall automatically expire on June 30th

of each year.

(3) At least thirty (30) days prior to the expiration of the Body Artist Permit, the Body Artist shall

submit an application for renewal to the Gwinnett County Board of Health Environmental Health

Section and pay the applicable permit fee.

(4) Prior to the issuance of a Body Artist Permit, the Body Artist shall pay the applicable permit fee.

(5) A Body Artist fee shall not be prorated except that an individual who submits an application for a

Body Artist Permit on January 1 or later shall only be required to pay half the Body Artist Permit

Fee.

Sec. 18-622. Application to Existing Body Artist.

The provisions of these rules shall be applicable to all Body Artists, whether the Body Artist began

performing body art before or after the effective date of these rules. Any Body Artist established on the effective

date of these rules shall comply with all requirements of these rules within six (6) months of the effective date.

Sec. 18-623. Prohibited Acts.

(1) No person shall tattoo the body of an individual who is under eighteen (18) years of age, unless

the person performing the tattoo procedure is a physician or osteopath licensed under Chapter 34

of the Title 43 of the Official Code of Georgia Annotated, or a technician acting under the direct

supervision if such licensed physician or osteopath in compliance with Chapter 9 of Title 31 of

the Official Code of Georgia Annotated.

(2) No person shall pierce the body, with the exception of ear lobes, of any person under the age of

eighteen (18) for the purpose of allowing the insertion of earrings, jewelry, or similar objects to

the body, unless the minor’s legal parent, custodian, or guardian with the proper identification is

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present and signs a written consent form provided by the Body Art Studio. The consent form

must indicate the methods and part(s) of the minor’s body upon which the body art procedure is

performed.

(3) No person shall tattoo the body of any person within any area within one (1) inch of the nearest

part of the eye socket of such person.

(4) No person shall obtain the services provided in a Body Art Studio by misrepresentation of age in

any place where body art procedures are performed.

Sec. 18-624. Sanitation.

(1) Body Artists shall follow standard precautions.

(2) All hand and/or arm jewelry worn by Body Artist shall be removed prior to the start of the body

art procedure.

(3) Prior to performing body art on each client, the fingernails and hands of Body Artist shall be

thoroughly washed and scrubbed with warm water and antibacterial soap, using an individual,

single-use scrub. Surgical scrubs are not to be reused. The hands shall then be dried using

single-use towels.

(4) Prior to the start of the body art procedure the Body Artist should inspect his/her hands for

hangnails, small cuts, sores, and abrasions. If a cut, sore, or abrasion is detected, a bandage

should be applied for added protection before gloving. Fingernails shall be trimmed to insure that

the gloves are not punctured.

(5) Single-use medical-surgical disposable examination gloves shall be worn during that body art

procedure. Gloves shall be changed and properly disposed of each time there is an interruption in

the procedure, the gloves become torn or punctured, or whatever their integrity has been

compromised.

(6) Each Body Artist shall wear a clean outer garment, apron, or smock. These items shall be

changed after each client.

(7) Body Artists who are experiencing symptoms of illness including, but not limited to, diarrhea,

vomiting, fever, rash, or skin infections shall refrain from performing body art.

(8) Adequate number of sterilized needles and tubes must be on hand for each Body Artist for the

entire day and/or night operation.

(9) Only single-use disposable razors shall be used to shave the ear where the body art procedure will

be performed.

(10) All items that come in contact with the client’s skin shall be single-use and disposed of after the

procedure.

(11) All fixtures and equipment contaminated with blood shall be cleaned with an approved sanitizer

or with a ten (10) percent bleach solution made fresh daily.

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(12) Smoking, eating, or drinking by anyone is prohibited in a Parlor where body art procedures are

performed.

Sec. 18-625. Dyes and Pigments.

(1) Only single-use containers of dyes and pigments that are currently FDA approved for tattooing of

human skin shall be used.

(2) All dyes and pigments shall be used according to the manufacturer’s instructions.

(3) After tattooing each individual, the remaining unused dye or pigment in the single-use container

shall be discarded along with the container into a biohazard container.

(4) In preparing dyes and pigments to be used by a Body Artist, only nontoxic sterile single-use

materials shall be used.

Sec. 18-626. Tattoo Preparation.

(1) Prior to placing a tattoo design on the client’s skin, any jewelry worn by the client that might

impede that body art procedure shall be removed.

(2) The Body Artist shall apply an antibacterial solution to the skin in the involved areas.

(3) If a paper stencil is used by a Body Artist for transferring the design to the skin, the stencil shall

be single-use and disposable.

(4) If the design is drawn directly onto the skin, it shall be applied with a single-use article only.

(5) The completed tattoo shall be washed with a single-use towel saturated with an antibacterial

solution.

(6) After the area had dried, a thick layer of antibacterial ointment from a collapsible or plastic tube

shall be applied.

(7) After the application of the antibacterial ointment, a bandage shall be applied to the tattoo using

sealed non-sticking pads.

Sec. 18-627. Procedures Specific to Body Piercing.

(1) Before piercing the skin of a client, any jewelry worn by the client that might impede the

procedure shall be removed.

(2) The Body Artist shall apply an antibacterial solution to the skin in the involved area prior to the

procedure being performed.

(3) The Body Artist shall apply an antibacterial ointment to the skin in the involved area after the

procedure is performed.

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Sec. 18-628. Compliance.

(1) A Body Art Studio shall operate in compliance with these rules and with a valid Body Art Studio

Permit issued by the Gwinnett County Board of Health.

(2) A Body Artist shall perform body art procedures in compliance with these rules and with a valid

Body Artist Permit issued by the Gwinnett County Board of Health.


(1) The Board of Health shall have the power and authority to deny, suspend, or revoke any permit

issued under these rules for failure to comply with the provisions thereof. When an application

for a permit is denied or the permit previously granted is suspended or revoked, the applicant or

holder thereof shall be afforded notice and hearing in accordance with Article 1 of Chapter 5 of

Title 31 of the Official Code of Georgia Annotated and the Gwinnett County Board of Health

Enforcement Rules. In lieu of a hearing and upon correction of all violations, the permit holder

may request an inspection to reinstate the permit.

(2) These rules, upon adoption by the Mayor and Council of the City of Sugar Hill, shall be enforced

by the Gwinnett County Board of Health as a duly adopted ordinance of the City of Sugar Hill in

the Municipal Court of the City of Sugar Hill. Any person violating any provision of these rules

shall be guilty of violating a duly adopted ordinance of the City of Sugar Hill, and upon

conviction shall be punished by a fine not to exceed one thousand dollars ($1,000.00), and/or by

confinement in the county jail for a total term not to exceed sixty (60) days, or both.

(3) The court shall have the power and authority to place any person found guilty of a violation of

these rules on probation and to suspend or modify any fine or sentence. As a condition of such

suspension, the court may require payment of restitution or impost other punishment allowed by

the law.

(4) The Board of Health is also empowered to institute appropriate proceedings in a court of

competent jurisdiction for the purpose of enjoining a violation of any applicable provision of

Chapter 40 of Title 31 of the Official Code of Georgia Annotated, of the rules and Regulations of

the department, or the Rule of the Gwinnett County Board of Health.

(5) Any person, firm, or corporation operating a Body Art Studio without a valid permit or

performing body art outside of a permitted Body Art Studio shall be guilty of a misdemeanor.

Sec. 18-630. Grounds for Denial, Suspension, or Revocation.

(1) The permit of Body Art Studio may be denied, suspended, or revoked upon one (1) or more of the

following grounds:

(a) Failure of the permit holder to maintain initial requirements for obtaining the permit;

(b) The Owner allows or permits any person who does not have a valid Body Artist Permit to

perform a body art procedure in the Body Art Studio;

(c) The original application, or renewal thereof, contains materially false information; or the

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applicant has deliberately sought to falsify information covered therein;

(d) Failure of the Owner to actively supervise and monitor the conduct of the employees,

customers and others on the premises in order to protect the health, safety and welfare of

the general public and the customers; or

(e) The Owner or the Owner’s employees associated with the Body Art Studio have allowed

to occur or have engaged in a violation of any part of these rules.

(2) The permit of a Body Artist may be denied, suspended, or revoked upon one (1) or more of the

following grounds:

(a) Failure of the Body Artist to maintain initial requirements for obtaining the Body Artist

Permit;

(b) The Body Artist has violated any of the provisions of these rules; or

(c) The original application, or renewal thereof, contains materially false information; or the

Body Artist has deliberately sought to falsify information contained therein.

Sec. 18-631. Conflict with Other Laws.

Should any section or provision of these rules be in conflict with any other applicable ordinance, rule,

regulation, provision, requirement, or law, then the more restrictive ordinance, rule, regulation, provision,

requirement, or law shall control.


In the event any article, section, subsection, sentence, clause, or phrase of this resolution shall be declared

or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other articles, sections,

subsections, sentences, clauses, or phrases of this resolution, which shall retain in full force and effect, as if the

article, section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were

not originally a part thereof. The Gwinnett County Board of Health hereby declares that it would have adopted

the remaining parts of the resolution if it had known that such part or parts hereof would be declared or adjudged

invalid or unconstitutional.

Sec. 18-633. Effective Date.

The provisions of these rules shall become effective immediately upon adoption by the City of Sugar Hill.


Chapter 22

EMERGENCY MANAGEMENT AND EMERGENCY SERVICES*


328

O.C.G.A. § 36-35-1 et seq.; authority to provide for police and fire protection, Ga. Const. art. IX, § II, ¶ III(a)(1).



Article II. Emergency Management Organization


Sec. 22-22. Office of the county emergency management director.

Sec. 22-23. County emergency management agency.

Sec. 22-24. Powers of mayor and/or county during an emergency or disaster.

Sec. 22-25. Volunteers.


ARTICLE I.

IN GENERAL


ARTICLE II.

EMERGENCY MANAGEMENT ORGANIZATION*

* State Law References: Emergency management, O.C.G.A. § 3 8-3-1 et seq.; local organizations for emergency management,

O.C.G.A. § 3 8-3-27.


The following words, terms and phrases when used in this article shall have the meanings ascribed to


Emergency management means the preparation for and the carrying out of all emergency and disaster

functions other than those functions for which military forces or state and federal agencies are primarily

responsible, to prevent, minimize, and repair injury and damage resulting from emergencies or disasters, or the

imminent threat thereof, of manmade or natural origin. These functions include, without limitation, firefighting

services, police services, medical and health services, rescue, engineering, warning services, communications,

protection against the effects of radiological, chemical and other special weapons, emergency transportation,

plant protection, shelter, temporary restoration of public utility services, and other functions related to civilian

population, together with all other activities necessary or incidental to total emergency and disaster preparedness

for carrying out the foregoing functions.

(Code 1988, § 12-176; Ord. of 8-8-1994, § 1)

Sec. 2 2-22. Office of the county emergency management director.

(a) Appointment. It is the desire and intent of the governing officials of the city that the city be a part

of the county emergency management agency. The present emergency management director will

serve as director for the entire county. Should that office become vacant the chairman, and county

commissioners of the county, with concurrence of the mayors of cities within the county, shall

329

nominate for appointment, by the governor, a director of emergency management for the county.

(b) Duties. When appointed, the emergency management director is charged with the following

duties:

(1) To represent the governing officials of the cit on matters pertaining to emergency

management.

(2) To assist city officials in organizing city departments for emergency operations.

(3) To develop, in conjunction with city and county department, the county plan for

emergency functions set forth in section 22-2 1. Such plan will be in consonance with the

state emergency operations plan and shall be submitted to the governing officials of the

county and the cities therein for approval.

(4) To maintain the emergency management agency and to oversee the carrying out of the

day to day administration of the county emergency management program, including the

submission of required reports, to the state emergency management agency.

(5) To submit reports as required by governing officials in keeping with good management

practices, e.g., financial, daily activity, etc.

(6) To obtain, with the authority of governing officials, a facility to be used as the county

emergency operations center.

(7) To coordinate the activities of the county emergency operating center staff during

periods of an emergency, and under the supervision of county governing officials.

(Code 1988, § 12-177; Ord. of 8-8-1994, § 2)

Sec. 22-23. County emergency management agency.

(a) Departments and functions. The county emergency management agency shall be established

around existing city and county departments and the emergency functions described in section

22-21 above are assigned as follows:

Department/Agency Functions

(1) Chairman, County

Commissioners, Mayors of

Cities....

Direction and Control

(2) County Police Department,

Sheriff's Office, City

Police....

Communications and

Warning

(3) County Administrator's

Office....

Emergency Public

Information


City Police Department,

Sheriff's Department....

Search, Rescue and

Recovery



Sheriff's Department....

Law Enforcement Services



Fire Department....

Evacuation Services

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(7) Fire Department.... Fire Services

(8) Administrative Services,

Board of Education....

Transportation Services

(9) County Public Utilities,

City Public Utilities....

Public Works Services

(10) Fire, County Police

Department, City Police....

Medical and Deceased,

Identification Services

(11) American Red Cross,

Emergency Management....

Emergency Shelter

Services

(12) American Red Cross,

Board of Education....

Food Services

(13) DFACS.... Human Services

(14) Fire.... Radiological Protection

(15) Fire.... Damage Assessment

Services

(16) Fire and Emergency

Services....

Resources Management

(17) Fire.... Hazardous Materials

(18) Emergency Management.... Attack Preparedness, Dam

Failure Preparedness

(Note: As appropriate to the local organization, these functions can be assigned to existing departments or may be

separate. Functions should be assigned consistent with the local emergency operations plan.)

(b) Annexes to local EOP. Heads of city departments listed above are responsible for assisting

county department heads in developing appropriate annexes to the local emergency operations

plan (EOP) for their assigned emergency functions. Such annexes will be submitted to the

emergency management director for inclusion in the local EOP for submission to appropriate local

officials for approval.

(Code 1988, § 12-178; Ord. of 8-8-1994, § 3)

Sec. 22-24. Powers of mayor and/or county during an emergency or disaster.

In the event of a manmade or natural disaster, actual enemy attack upon the United States, or any other

emergency which may affect the lives and property of the citizens of the city, the mayor of the city, separately, or

jointly with the chairman, county commissioners, or in their absences their legally appointed successors may

determine that an emergency or disaster exists and thereafter shall have and may exercise, for such period as

such emergency or disaster exists or continues, the following powers:

(1) To enforce all rules, laws and regulations relating to emergency management, and to assume

direct operational control over all emergency management resources;

(2) To seize or take for temporary use, any private property for the protection of the public;

(3) To sell, lend, give or distribute all or any such property or supplies among the inhabitants of the

county and to maintain a strict accounting of property or supplies distributed and for funds

received for such property or supplies;

(4) And, to perform and exercise such other functions and duties, and take such emergency actions

as may be necessary to promote and secure the safety, protection and well-being of the

inhabitants of the county.

(Code 1988, § 12-179; Ord. of 8-8-1994, § 4)

331

Sec. 22-25. Volunteers.

(a) Compensation. All persons, other than officers and employees of the city, performing emergency

functions pursuant to this article, shall serve without compensation.

(b) Immunities. While engaged in such emergency functions, duly assigned volunteers shall have the

same immunities as city officers and employees.

(Code 1988, § 12-180; Ord. of 8-8-1994, § 5)


Any person violating any provision of this article, or any rule, order, or regulation made pursuant to this

article, shall, upon conviction thereof, be punishable for committing a misdemeanor.

(Code 1988, § 12-181; Ord. of 8-8-1994, § 6)

Chapters 23--25

RESERVED

Chapter 26

ENVIRONMENT*


36-35-1 et seq.



Article II. Wetlands


Sec. 26-21. Findings of fact.


Division 2. Wetlands Protection District




Sec. 26-43. Application of article.

Sec. 26-44. District boundaries.

Sec. 26-45. Permitted uses.

Sec. 26-46. Prohibited uses.

Sec. 26-47. Monitoring and enforcement.


Sec. 26-49. Judicial review.


Sec. 26-51. Assessment relief.


332

Subdivision 2. Local Development Permits

Sec. 26-76. Requirements.

Sec. 2 6-77. Temporary emergency permit.

Sec. 26-78. Development plans.

Sec. 26-79. Activities to comply with development plans.

Sec. 26-80. Filing review fee.

Sec. 26-81. Enforcement authority.

Sec. 2 6-82. Review procedures.

Sec. 26-83. Appeals.

Sec. 26-84. Duration and permit validity.

Article III. Water Resources

Sec. 26-101. Outdoor Irrigation.

ARTICLE 1.

IN GENERAL


ARTICLE II.

WETLANDS*

* State Law References: Wetland protection ordinances required, O.C.G.A. § 12-2-8(b).

DIVISION 1.

GENERALLY


(a) The wetlands in the City of Sugar Hill are indispensable and fragile natural resources with

significant development constraints due to flooding, erosion, and soils limitations. In their

natural state, wetlands serve man and nature. They provide habitat areas for fish, wildlife and

vegetation; water quality maintenance and pollution control; flood control; erosion control;

natural resource education; scientific study; and open space and recreational opportunities. In

addition, the wise management of forested wetlands is essential to the economic well being of

many communities within the State of Georgia.

(b) Nationally, a considerable number of these important natural resources have been lost or impaired

by draining, dredging, filling, excavating, building, pollution and other acts. Piecemeal or

cumulative losses will, over time, destroy additional wetlands. Damaging or destroying wetlands

threatens public safety and the general welfare.

(c) The Georgia Department of Natural Resources and the Georgia Department of Community

Affairs have determined that each local government with classified wetlands located in its

jurisdiction must adopt a Wetlands Protection Ordinance, O.C.G.A. § 12-2-8(b) and the rules

promulgated thereunder.

(d) It is therefore necessary for the city to ensure maximum protection for wetlands by discouraging

333

development activities in wetlands that may adversely affect wetlands.

(Res. of 12-11-2000, § 1)


DIVISION 2. WETLANDS PROTECTION DISTRICT

Subdivision I.

In General


This article shall be known as the Wetlands Protection Ordinance of the city. The purposes of this article are

to promote wise use of wetlands and protect wetlands, while taking into account varying ecological, economic

development, recreational and aesthetic values. Activities which may damage wetlands should be located on

upland sites to the greatest degree practicable as determined by a permitting process. The objective of this article

is to protect wetlands from alterations which will significantly affect or reduce their primary functions for water

quality, floodplain and erosion control, ground water recharge, aesthetic nature, and wildlife areas and to comply

with the requirements of state law related to wetland protection.

(Res. of 12-11-2000, §1.2 )




Functions means the beneficial roles that wetlands serve, including; storage, conveyance, and

attenuation of floodwater and storm water; protection of water quality and reduction of erosion; habitat for

wildlife, including rare, threatened and endangered species; food chain support for a wide variety of wildlife

and fisheries; educational, historical, and archeological value protection; and scenic, aesthetic, and recreational

amenities.

Generalized wetlands map means the current U.S. fish and Wildlife Service National Wetlands

Inventory maps for the City of Sugar Hill, Georgia.

Hydric soils means soils that form as a result of saturated soil conditions. A list of these soils is

maintained by the state soil and water conservation service.

Hydrophytic vegetation means macrophytic plants tolerant of or dependent on saturated soil conditions.

Jurisdictional wetland means an area that meets the definitional requirements for wetlands as

determined by the U.S. Army Corps of Engineers.

Jurisdictional wetland determination means a delineation of jurisdictional wetland boundaries by the

U.S. Army Corps of Engineers, as required by section 404 of the Clean Water Act, 33 U.S.C. §1344, as

amended.

334

Regulated activity means any activity which will, or which may reasonably be expected to, result in the

discharge of dredged or fill material into waters of the U.S. except those activities exempted in section 404 of

the Federal Clean Water Act, 33 U.S.C. § 1344, as amended.

Silviculture means the art of producing, reproducing and growing a forest of distinctive stands of trees.

Temporary emergency permit means a temporary permit that may be issued in certain circumstances

specified herein.

Wetland delineation means the establishment of wetland boundaries by a representative of the U.S.

Army Corps of Engineers or an authority designated by the corps.

Wetland protection district means all wetlands within the jurisdiction of the city which are indicated on the

generalized wetland map as wetlands providing significant wildlife habitat and/or which may be subject to

extensive mitigation.

Wetlands means those areas that are inundated or saturated by surface or groundwater at a frequency and

duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation

typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and

similar areas. The ecological parameters for designating wetlands include hydric soils, hydrophytic vegetation,

and hydrological conditions that involve a temporary or permanent source of water to cause soil saturation. (Res.

of 12-11-2000, § 2)

Sec. 26-43. Application of article.

This article shall apply to all wetlands within the wetland protection district as defined herein and located

within the jurisdiction of the city. The generalized wetland map, adopted as part of this article shows the general

location of wetlands and of the wetland protection district and should be consulted by persons contemplating

activities in or near wetlands before engaging in a regulated activity. The generalized wetland map, together with

all explanatory matter thereon and attached thereto, is hereby adopted by reference and declared to be a part of

this article. The generalized wetland map shall be on file in the office of the city planning and development

department.

(Res. of 12-11-2000, § 3.1)

Sec. 26-44. District boundaries.

The generalized wetland map is a general reference document and wetland boundaries indicated on the

map are approximations. The purpose of the generalized wetland map is to alert developers/landowners if they

are within proximity to a wetland, which means that there is a high likelihood of the presence of a jurisdictional

wetland and a need for the developer/landowner to seek U.S. Army Corps of Engineers guidance as to whether a

section 404 Permit will be required prior to any activity. The generalized wetland map does not necessarily

represent the exact boundaries of jurisdictional wetlands within the jurisdiction of the city and cannot serve as a

substitute for a delineation of wetland boundaries by the U.S. Army Corps of Engineers, as required by section

404 of the Clean Water Act, as amended. Any local government action under this article does not relieve the

landowner from federal or state permitting requirements.

(Res. of 12-11-2000, § 3.2)

Sec. 26-45. Permitted uses.

335

The following uses shall be allowed as of right within the wetlands protection district to the extent that

they are not prohibited by any other ordinance or law, including laws of trespass, and provided they do not

require structures, grading, fill, draining, or dredging except as provided herein. The activities listed in this

section are exempted from section 404 regulations provided they do not have impacts on a navigable waterway

that would necessitate acquisition of an individual 404 permit. However, under section 10 of the Rivers and

Harbors Act, a permit may be required in some circumstances.

(1) Conservation or preservation of soil, water, vegetation, fish or other wildlife, provided it does not

affect waters of the state or of the United States in such a way that would require an individual 404

Permit.

(2) Outdoor passive recreational activities, including fishing, bird watching, hiking, boating,

horseback riding, and canoeing.

(3) Forestry practices applied in accordance with best management practices approved by the state

forestry commission and as specified in section 404 of the Clean Water Act.

(4) The cultivation of agricultural crops. Agricultural activities shall be subject to best management

practices approved by the state department of agriculture.

(5) The pasturing of livestock, provided that riparian wetlands are protected, that soil profiles are not

disturbed and that approved agricultural best management practices are followed.

(6) Education, scientific research, and nature trails.

(Res. of 12-11-2000, § 4)

Sec. 26-46. Prohibited uses.

The following uses are not permitted within the wetlands protection district.

(1) Receiving areas for toxic or hazardous waste or other contaminants;

(2) Hazardous or sanitary waste landfills.

(Res. of 12-11-2000, § 5)

Sec. 26-47. Monitoring and enforcement.

The city or other designees, their agent, officers, and employees shall have authority to enter upon

privately owned land for the purpose of performing their duties under this article and may take or cause to be

made such examinations, surveys, or sampling as the city or their designee deems necessary.

(1) The city manager or its designee shall have authority to enforce this article; issue permits there

under; and address violations or threatened violations thereof by issuance of violation notices,

administrative orders, and civil and criminal actions. All costs, fees, and expenses in connection

with such actions may be recovered as damages against the violator.

(2) Law enforcement officials or other officials having police powers shall have authority to assist

the city manager or its designee in enforcement.

336

(3) The city manager or its designee shall have authority to issue cease and desist orders in the event

of any violation of this article. Cease and desist orders may be appealed to a court of competent

jurisdiction, as identified herein.

(4) The city or its designee may require a bond as set forth in section 26-79 and with surety and

conditions sufficient to secure compliance with the conditions set forth in the permit. The

particular amount and the conditions of the bond shall be consistent with the purposes of this

article.

(Res. of 12-11-2000, § 7)


(a) Any person, who commits, takes part in, or assists in any violation of any provision of this article

shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by

law. Each violation of this act shall be a separate offense, and, in the case of a continuing violation,

each day's continuance shall be deemed to be a separate and distinct offense.

(b) When a building or other structure has been constructed in violation of this article, the violator

may be required to remove the structure, at the discretion of the city or its designee. The

violator may be required to restore the affected land to its original contours and to restore

vegetation, as far as practicable, at the discretion of the city or its designee.

(c) If the city or its designee discovers a violation of this article that also constitutes a violation of

provisions of the Clean Water Act as amended, the city or its designee may issue written

notification of the violation to the U.S. Environmental Protection Agency and the U.S. Army

Corps of Engineers and the landowner.

(d) The city or its designee may suspend or revoke a permit if it finds that the applicant has not

complied with the conditions or limitation set forth in the permit or has exceeded the scope of the

work set forth in the permit. The city or its designee may cause notice of its denial, issuance,

conditional issuance, revocation, or suspension of a permit to be published in a daily newspaper

having a broad circulation in the area where the wetland is located.

(Res. of 12-11-2000, § 8)

Sec. 26-49. Judicial review.

(a) Jurisdiction. All final decisions of the city concerning denial, approval, or conditional approval

of a special permit shall be reviewable in court of competent jurisdiction.

(b) Alternative actions. Based on these proceedings and the decision of the court, the city may,

within the time specified by the court, elect to:

(1) Institute negotiated purchase or condemnation proceedings to acquire an easement or fee

interest in the applicant's land;

(2) Approve the permit application with lesser restrictions or conditions (i.e., grant a

variance); or

337

(3) Institute other appropriate actions ordered by the court that fail within the jurisdiction of

the city. (Res. of 12-11-2000, § 9)


These regulations and the generalized wetland map may from time to time be amended in accordance

with procedures and requirements in the general statutes and as new information concerning wetland locations,

soils, hydrology, flooding, or botanical species peculiar to wetlands become available.

(Res. of 12-11-2000, § 10)

Sec. 26-51. Assessment relief.

Assessors and boards of assessors shall consider wetland regulations in determining the fair market value

of land. Any owner of an undeveloped wetland who has dedicated an easement or entered into a conservation

restriction with the government or a nonprofit organization to permanently control some or all regulated activities

in the wetland shall have that portion of land assessed consistent with those restrictions. Such landowner shall

also be exempted from special assessment on the controlled wetland to defray the cost of municipal improvements

such as sanitary sewers, storm sewers, and water mains.

(Res. of 12-11-2000, § 11)


Local Development Permits

Sec. 26-76. Requirements.

No regulated activity will be allowed within the wetland protection district without written permission

from the city or its designee in the form of a local development permit. Issuance of a local development permit is

contingent on full compliance with the terms of this article and other applicable regulations. All activities that are

not exempted in section 2 6-45 shall be prohibited without prior issuance of a local development permit. The city

planning director will consult the generalized wetland map to determine if proposed for development is located

within 50 feet of the wetland protection district boundary. If it is determined by the planning director that the

proposed development is within 50 feet of a wetland protection district, the development proposal shall require a

U.S. Army Corps of Engineers determination. If the Corps determines that wetlands are present and that a section

404 Permit or Letter of Permission is required, a local development permit will be issued only following issuance

of the section 404 permit or letter of permission. If the planning director determines that the proposed

development is not near a wetland protection boundary; or it is not the type of activity that would cause the

alteration of wetlands, the city may proceed with normal procedures in issuing a local development permit.

(Res. of 12-11-2000, § 6.1)

Sec. 26-77. Temporary emergency permit.

A temporary emergency permit can be issued by the city or its designee for the following reasons:

(1) Maintenance or repair of lawfully located roads or structures and of facilities used in the service

of the public to provide transportation, electric, gas, water, telephone, telegraph,

telecommunication or other services, provided that such roads, structures or facilities are not

338

materially changed or enlarged and that, prior to the commencement of work, written notice has

been given to the city or its designee and provided that the work is conducted using best

management practices to ensure that flow and circulation patterns, and chemical and biological

characteristics of the wetland, are not impaired and that any adverse effect of the aquatic

environment will be minimized.

(2) Temporary water level stabilization measures associated with silvicultural operations, provide

that they are necessary to alleviate abnormal wet or dry conditions that would have an adverse

impact on the conduct of silvicultural activities if not corrected.

(3) Limited ditching, tilling, dredging, excavating, or filling done solely for the purpose of

maintaining or repairing existing drainage systems necessary for the cultivation of agricultural

crops, provided that the maintenance or repair activity does not result in the impairment,

alteration, or loss of wetlands not previously subject to agricultural and silvicultural use under

the terms and provisions of section 26-45.

(4) Limited excavating and filling necessary for the repair and maintenance of piers, walkways,

nature trails, observation decks, wildlife management shelters, boathouses, or other similar

water-related structures, provided that they are built on pilings to allow unobstructed flow of

water and preserve the natural contour of the wetland.

(Res. of 12-11-2000, § 6.2)

Sec. 26-78. Development plans.

Applications for a development permit within the generalized wetland protection district shall include a

development plan, drawn at a scale of one inch represents 50 feet (the city may approve a different scale where

necessary to clearly provide the required information) with the following information:

(1) A map of all planned excavation and fill, including calculations of the volume of cut and fill

involved, cross-sectional drawings showing existing and proposed grades. Elevations, horizontal

scale, vertical scale must be shown on the cross-sectional drawings.

(2) Location, dimensions and area of all impervious surfaces, both existing and proposed, on the site

and adjacent to the site for a distance of +/- 200 feet.

(3) The orientation and distance from the boundaries of the proposed site to the nearest bank of an

affected perennial stream or water body.

(4) Elevations of the site and adjacent lands within 200 feet of the site at contour intervals of no

greater than two feet.

(5) Location and detailed design of any spill and leak collection systems designed for the purpose of

containing accidentally released hazardous or toxic materials.

(6) All proposed temporary disruptions or diversions of local hydrology.

(Res. of 12-11-2000, § 6.3)

Sec. 26-79. Activities to comply with development plans.

339

All development activities or site work conducted after approval of the development plan shall conform

with the specifications of said development plan. The development plan may be amended only with the approval

of the city or its designee. The city may require a bond up to the larger of $5,000.00 or $1,000.00 per acre of

project area and with surety and conditions sufficient to secure compliance with the conditions and limitations set

forth in the permit. The particular amount and conditions of the bond shall be consistent with the purposes of this

article. In the event of a breach of condition of any such bond, the city or its designee may collect such bond or

institute an action in a court of competent jurisdiction upon such bond and prosecute the same to judgment and

execution.

(Res. of 12-11-2000, § 6.4)

Sec. 26-80. Filing review fee.

At the time of the application, the applicant shall pay a filing fee specified by the city or its designee.

Filing fees up to the larger of $500.00 or $100.00 per acre may be required to evaluate the application. This fee may

be used to retain expert consultants who will provide services pertaining to functional assessment and mitigation

measures as deemed necessary by the city or its designee. In any case, the filing fees shall not be less than the

amount necessary for evaluation of the application in a manner consistent with the intent of this article. (Res. of 12-

11-2000, § 6.5)

Sec. 26-81. Enforcement authority.

The city manager is hereby established as the administrator of this article.

(Res. of 12-11-2000, § 6.6)

Sec. 26-82. Review procedures.

The application shall be made to the city and will be reviewed within 60 days or in accordance with

established review procedures for the type of development being considered, whichever is greater. The review

period shall include the preparation of findings (approval or disapproval) by the city. The applicant will receive

written notification of the findings thereof. (Res. of 12-11-2000, § 6.7)


Appeals from any decision of the city shall be directed to the zoning board of appeals within 15 days after

any decision by the city manager and thus specifying the grounds thereof for appeal. A public hearing shall be held

for appeals. Public announcement of the hearing may be printed in local newspapers at least 15 but not more than

45 days prior to the hearing. Any person may offer testimony at the hearing. The decision of the zoning board of

appeals may be appealed to a court of competent jurisdiction.

(Res. of 12-11-2000, § 6.8)

Sec. 26-84. Duration and permit validity.

(a) If construction described in the development permit has not commenced within 12 months from

the date of issuance, the permit shall expire.

(b) If construction described in the development permit is suspended or abandoned after work has

commenced, the permit shall expire 12 months after the date work ceased.

(c) Written notice of the pending expiration of the development permit may be issued by the city.

340

(Res. of 12-11-2000, § 6.9)

Article III. Water Resources

Sec. 26-101. Outdoor Irrigation.

(1) Persons may irrigate outdoors daily for purposes of planting, growing, managing, or maintaining ground

cover, trees, shrubs, or other plants only between the hours of 4 P.M. and 10:00 A.M.

(2) Paragraph (1) of this section shall not create any limitation upon the following outdoor water uses:

(a) Commercial agricultural operations as defined in O.C.G.A. § 1-3-3;

(b) Capture and reuse of cooling system condensate or storm water in compliance with applicable local

ordinances and state guidelines;

(c) Reuse of gray water in compliance with O.C.G.A. § 31-3-5.2 and applicable local board of health

regulations adopted pursuant thereto;

(d) Use of reclaimed waste water by a designated user from a system permitted by the Environmental

Protection Division of the Department of Natural Resources to provide reclaimed waste water;

(e) Irrigation of personal food gardens;

(f) Irrigation of new and replanted plant, seed, or turf in landscapes, golf courses, or sports turf fields during

installation and for a period of 30 days immediately following the date of installation;

(g) Drip irrigation or irrigation using soaker hoses;

(h) Handwatering with a hose with automatic cutoff or handheld container;

(i) Use of water withdrawn from private water wells or surface water by an owner or operator of property if

such well or surface water is on said property;

(j) Irrigation of horticultural crops held for sale, resale, or installation;

(k) Irrigation of athletic fields, golf courses, or public turf grass recreational areas;

(l) Installation, maintenance, or calibration of irrigation systems; or

(m) Hydroseeding.


Chapters 27—29

RESERVED

Chapter 30

FIRE PREVENTION AND PROTECTION*

* State Law References: Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule

powers, O.C.G.A. § 36-35-1 et seq.; authority to provide for police and fire protection, Ga. Const. a rt. IX, § II, ¶ III(a)(1).

Sec. 30-1. Open burning.

(a) Prohibited; exceptions. No person shall cause, suffer, allow, or permit open burning in any area

located within the corporate boundaries of the city at any time except as follows:

(1) The burning is for the purpose of carrying out recognized agricultural procedures

necessary for production or harvesting of crops;

341

(2) The burning is for recreational purposes or the cooking of food for the immediate

human consumption;

(3) The fire is set for the purpose of training fire fighting personnel and has been authorized

by the appropriate government entity and the guidelines set by the state department of

natural resources and other appropriate government agencies are strictly observed;

(4) The fire is in connection with the operation of devices using open flames such as tar

kettles, blow torches, welding torches, portable heaters and other flame making

equipment;

(5) The fire is a small fire established and maintained by a contractor or tradesman which is

necessary for activities such as street paving work or installation or repair of utilities. All

such fires shall be kept small in size, shall produce no smoke emissions exceeding 40

percent opacity and shall comply with all other regulations which may prohibit or

regulate all such activities;

(6) The fire is for the disposal of packaging materials previously containing explosives and

is used in accordance with U.S. Department of Labor Safety Regulations.

(7) Burning of leaves, limbs and other natural vegetation that may fall on one’s own property,

provided that said burning is conducted in accordance with the following requirements and

restrictions:

(i) Between October 1st and April 30

th of each year;

(ii) During daylight hours and all remnants of fire have been extinguished prior to

dusk;

(iii) When prevailing winds are not in excess of 15 mph;

(iv) When the fire is located at least 30 feet from the property lines of all adjoining

property owners;

(v) Only on parcels of property that are in excess of ½ acre in total land area;

(vi) All fires shall be constantly attended by a competent person until extinguished;

(vii) There shall be a garden hose connected to a water supply or other fire extinguishing

equipment readily available for use; and

(viii) After obtaining a burn permit from the city. The City Manager shall create an

application permit process for burn permits. In considering burn permits, the City

Manager shall consider the location of the property and shall not issue burn permits

to numerous properties in close proximity for the same time period. A burn permit

shall be valid only for the day stated on said permit. There shall be no charge to

obtain a burn permit.


(b) Enforcement. This section may be enforced by the city manager and the city manager's designees

including, but not limited to, the staff of the planning and development department. In addition,

the fire marshal's office and personnel of the county department of fire and emergency services

will have the authority to summarily abate any conditions which are in violation of any other

provisions of this section and which may constitute an immediate threat to life or property.

(Ord. of 12-8-1997) State Law References: Air quality control programs authorized, Ga. Const. art. IX, § II, ¶ III(a)(13).

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Chapters 31--33

RESERVED

Chapter 34

FLOODS*


O.C.G.A. § 36-35-1 et seq.



Article II. Flood Damage Prevention




Sec. 34-23. Statement of purpose.

Sec. 34-24. Objectives of article.

Sec. 34-25. Lands to which this article applies.

Sec. 34-26. Basis for area of special flood hazard

Sec. 34-27. Establishment of development permit.

Sec. 34-28. Compliance with article provisions.

Sec. 34-29. Abrogation and greater restrictions.

Sec. 34-30. Interpretation and application of article.

Sec. 34-31. Warning and disclaimer of liability.



Division 2. Administration

Sec. 34-56. Designation of administrator.

Sec. 34-57. Permit procedures.

Sec. 34-58. Duties and responsibilities of the administrator.


Division 3. Flood Hazard Reduction

Sec. 34-81. General standards.

Sec. 34-82. Specific standards.

Sec. 34-83. Building standards for streams without established base flood elevations and/or floodway (A-zones).

Sec. 34-84. Standards for areas of shallow flooding (AO ZONES).

Sec. 34-85. Standards for subdivisions.

Sec. 34-86. Variance procedures.

ARTICLE I.

IN GENERAL


ARTICLE II.

FLOOD DAMAGE PREVENTION

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DIVISION 1.

ORDINANCE

The Mayor and City Council of the City of Sugar Hill, Georgia, hereby ordain that the Code of the City of

Sugar Hill, Georgia and the City of Sugar Hill Floodplain Management Ordinance shall be amended as follows:

By repealing The 2004 Floodplain Management Ordinance and any amendments thereto and enacting the

ordinance contained below as its replacement. Further, by deleting Chapter 34. Floods (Section 34-1 through and

including Section 34-86) of the Code of the City of Sugar Hill, Georgia in its entirety and replacing it with the

following ordinance:


Sec. 34-1. Findings.

It is hereby determined that:

(1) The flood hazard areas of the City of Sugar Hill, Georgia are subject to periodic inundation which

may result in loss of life and property, health and safety hazards, disruption of commerce and

governmental services, extraordinary public expenditures for flood relief and protection, and

impairment of the tax base, all of which adversely affect the public health, safety and general

welfare.

(2) Flood hazard areas can serve important stormwater management, water quality, streambank

protection, stream corridor protection, wetland preservation and ecological purposes when

permanently protected as undisturbed or minimally disturbed areas.

(3) Effective floodplain management and flood hazard protection activities can (a) Protect human life

and health; (b) Minimize damage to private property; (c) Minimize damage to public facilities

and infrastructure such as water and gas mains, electric, telephone and sewer lines, streets and

bridges located in floodplains; and (d) Minimize expenditure of public money for costly flood

control projects associated with flooding and generally undertaken at the expense of the general

public.

(4) Article IX, Section II of the Constitution of the State of Georgia and Section 36-1-20(a) of the

Official Code of Georgia Annotated have delegated the responsibility to local governmental units

to adopt regulations designed to promote the public health, safety, and general welfare of its

citizenry. Therefore, the Mayor and Council of the City of Sugar Hill, Georgia, do ordain this

ordinance and establish this set of floodplain management and flood hazard reduction policies for

the purpose of regulating the use of flood hazard areas. It is determined that the regulation of

flood hazard areas and the prevention of flood damage are in the public interest and will

minimize threats to public health and safety, as well as to private and public property.

Sec. 34-2. Purpose and Intent

The purpose of this ordinance is to protect, maintain and enhance the public health, safety, environment

and general welfare and to minimize public and private losses due to flood conditions in flood hazard areas, as

well as to protect the beneficial uses of floodplain areas for water quality protection, streambank and stream

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corridor protection, wetlands preservation and ecological and environmental protection by provisions designed

to:

(1) Require that uses vulnerable to floods, including facilities which serve such uses, be protected

against flood damage at the time of initial construction;

(2) Restrict or prohibit uses which are dangerous to health, safety and property due to flooding or

erosion hazards, or which increase flood heights, velocities, or erosion;

(3) Control filling, grading, dredging and other development which may increase flood damage or

erosion;

(4) Prevent or regulate the construction of flood barriers which will unnaturally divert flood waters or

which may increase flood hazards to other lands;

(5) Limit the alteration of natural floodplains, stream channels, and natural protective barriers which

are involved in the accommodation of flood waters; and,

(6) Protect the stormwater management, water quality, streambank protection, stream corridor

protection, wetland preservation and ecological functions of natural floodplain areas.

Sec. 34-3. Applicability.

This ordinance shall be applicable to all Areas of Special Flood Hazard within the corporate boundaries of

the City of Sugar Hill, Georgia.

Sec. 34-4. Basis for Area of Special Flood Hazard – Flood Area Maps and Studies

For the purposes of this ordinance, the following are adopted by reference:

(1) The Flood Insurance Study (FIS), dated September 26, 2006, with accompanying maps and other

supporting data and any revision thereto are hereby adopted by reference. For those land areas

acquired by a municipality through annexation, the current effective FIS and data for

unincorporated Gwinnett County, dated September 29, 2006, with accompanying maps and other

supporting data and any revision thereto are hereby adopted by reference.

(2) Other studies which may be relied upon for the establishment of the base flood elevation or

delineation of the 100-year floodplain and flood-prone areas include:

(a) Any flood or flood-related study conducted by the United States Army Corps of

Engineers, the United States Geological Survey or any other local, State or Federal agency

applicable to the City of Sugar Hill, Georgia; or

(b) Any base flood study authored by a registered professional engineer in the State of

Georgia which has been prepared by FEMA approved methodology and approved by the

Director of the Department of Planning and Development or his designee.

(3) Other studies which may be relied upon for the establishment of the future-conditions flood

elevation or delineation of the future-conditions floodplain and flood-prone areas include:

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(a) Any flood or flood-related study conducted by the United States Army Corps of

Engineers, the United States Geological Survey, or any other local, State or Federal

agency applicable to the City of Sugar Hill, Georgia; or

(b) Any future-conditions flood study authored by a registered professional engineer in the

State of Georgia, which has been prepared by FEMA approved methodology and

approved by the Director of the Department of Planning and Development or his

designee.

(4) The repository for public inspection of the FIS, accompanying maps and other supporting data is

located at Department of Planning and Development in City Hall.

Sec. 34-5. Warning and Disclaimer of Liability.

The degree of flood protection required by this ordinance is considered reasonable for regulatory purposes

and is based on scientific and engineering considerations. Larger floods can and will occur; flood heights may be

increased by manmade or natural causes. This ordinance does not imply that land outside the Areas of Special

Flood Hazard or uses permitted within such areas will be free from flooding or flood damages. This ordinance

shall not create liability on the part of the City of Sugar Hill, Georgia or by any officer or employee thereof for

any flood damages that result from reliance on this ordinance or any administrative decision lawfully made

thereunder.


"Addition (to an existing building)" means any walled and roofed expansion to the perimeter of a

building in which the addition is connected by a common load-bearing wall other than a fire wall. Any walled

and roofed addition which is connected by a fire wall or is separated by an independent perimeter load-bearing

wall shall be considered New Construction.

"Appeal" means a request for a review of the Director of Planning and Development or his designee's

interpretation of any provision of this ordinance.

"Area of Shallow Flooding" means a designated AO or AH Zone on a community's Flood Insurance

Rate Map (FIRM) with base flood depths from one to three feet, and/or where a clearly defined channel does not

exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be evident.

"Area of Special Flood Hazard" is the land subject to a one percent or greater chance of flooding in any

given year. This includes all floodplain and flood prone areas at or below the base flood elevation (including A,

A1-30, A-99, AE, AO, AH, and AR on the FHBM or the FIRM), all floodplain and flood prone areas at or below

the future-conditions flood elevation, and all other flood prone areas as referenced in Section 34-4. All streams

with a drainage area of 100 acres or greater shall have the area of special flood hazard delineated.

"Base Flood" means the flood having a one percent chance of being equaled or exceeded in any given

year, also known as the 100-year flood.

"Base Flood Elevation" means the highest water surface elevation anticipated at any given point during

the base flood.

"Basement" means that portion of a building having its floor subgrade (below ground level) on all sides.

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"Building" means any structure built for support, shelter, or enclosure for any occupancy or storage.

"Development" means any man-made change to improved or unimproved real estate including but not

limited to buildings or other structures, mining, dredging, filling, clearing, grubbing, grading, paving, any other

installation of impervious cover, excavation or drilling operations or storage of equipment or materials.

"Elevated Building" means a non-basement building built to have the lowest floor of the lowest

enclosed area elevated above the ground level by means of fill, solid foundation perimeter walls, pilings,

columns, piers, or shear walls adequately anchored so as not to impair the structural integrity of the building

during a base flood event.

"Existing Construction" Any structure for which the "start of construction" commenced before July 22,

1997.

"Existing Manufactured Home Park or Subdivision" means a manufactured home park or subdivision

for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed

(including at a minimum the installation of utilities, the construction of streets, and final site grading or the

pouring of concrete pads) is completed before July 22, 1997.

"Expansion to an Existing Manufactured Home Park or Subdivision" means the preparation of

additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be

affixed, including the installation of utilities, the construction of streets, and either final site grading or the

pouring of concrete pads.

"FEMA" means the Federal Emergency Management Agency.

"Flood" or "Flooding" means a general and temporary condition of partial or complete inundation of

normally dry land areas from:

(a) the overflow of inland or tidal waters; or

(b) the unusual and rapid accumulation or runoff of surface waters from any source.

"Flood Hazard Boundary Map" or "FHBM" means an official map of a community, issued by the

Federal Insurance Administration, where the boundaries of areas of special flood hazard have been defined as

Zone A.

"Flood Insurance Rate Map" or "FIRM" means an official map of a community, issued by the Federal

Insurance Administration, delineating the areas of special flood hazard and/or risk premium zones applicable to

the community.

"Flood Insurance Study" or "FIS" means the official report by the Federal Insurance Administration

evaluating flood hazards and containing flood profiles and water surface elevations of the base flood.

"Floodplain" means any land area susceptible to flooding.

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"Floodproofing" means any combination of structural and non-structural additions, changes, or

adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water

and sanitary facilities, structures and their contents.

"Floodway" or "Regulatory Floodway" means the channel of a stream or other watercourse and the

adjacent areas of the floodplain which is necessary to contain and discharge the base flood flow without

cumulatively increasing the base flood elevation more than one foot.

"Functionally Dependent Use" means a use which cannot perform its intended purpose unless it is

located or carried out in close proximity to water.

"Future Conditions Flood" means the flood having a one percent chance of being equaled or exceeded

in any given year based on future-conditions hydrology. Also known as the 100-year future-conditions flood.

"Future-Conditions Flood Elevation" means the flood standard equal to or higher than the Base Flood

Elevation. The Future-conditions Flood Elevation is defined as the highest water surface anticipated at any given

point during the future-conditions flood.

"Future-Conditions Floodplain" means any land area susceptible to flooding by the future-conditions

flood.

"Future-Conditions Hydrology" means the flood discharges associated with projected land-use

conditions based on a community’s zoning map, comprehensive land-use plans, and/or watershed study

projections, and without consideration of projected future construction of flood detention structures or projected

future hydraulic modifications within a stream or other waterway, such as bridge and culvert construction, fill,

and excavation.

"Highest Adjacent Grade" means the highest natural elevation of the ground surface, prior to

construction, adjacent to the proposed foundation of a building.

"Historic Structure" means any structure that is;

(a) Listed individually in the National Register of Historic Places (a listing maintained by the U.S.

Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting

the requirements for individual listing on the National Register;

(b) Certified or preliminarily determined by the Secretary of the Interior as contributing to the

historical significance of a registered historic district or a district preliminarily determined by the

Secretary to qualify as a registered historic district;

(c) Individually listed on a state inventory of historic places and determined as eligible by states with

historic preservation programs which have been approved by the Secretary of the Interior; or

(d) Individually listed on a local inventory of historic places and determined as eligible by

communities with historic preservation programs that have been certified either:

1. By an approved state program as determined by the Secretary of the Interior, or

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2. Directly by the Secretary of the Interior in states without approved programs.

"Lowest Floor" means the lowest floor of the lowest enclosed area, including basement. An unfinished

or flood resistant enclosure, used solely for parking of vehicles, building access, or storage, in an area other than

a basement, is not considered a building's lowest floor, provided that such enclosure is not built so as to render

the structure in violation of other provisions of this ordinance.

"Manufactured Home" means a building, transportable in one or more sections, built on a permanent

chassis and designed to be used with or without a permanent foundation when connected to the required utilities.

The term includes any structure commonly referred to as a “mobile home” regardless of the date of manufacture.

The term also includes parked trailers, travel trailers and similar transportable structures placed on a site for 180

consecutive days or longer and intended to be improved property.

"Mean Sea Level" means the average height of the sea for all stages of the tide. It is used as a reference

for establishing various elevations within the floodplain. For purposes of this ordinance the term is synonymous

with National Geodetic Vertical Datum (NGVD) and/or the North American Vertical Datum (NAVD) of 1988.

"National Geodetic Vertical Datum (NGVD)" as corrected in 1929 is a vertical control used as a

reference for establishing varying elevations within the floodplain.

"New Construction" means any structure (see definition) for which the “start of construction"

commenced after July 22, 1997 and includes any subsequent improvements to the structure.

"New Manufactured Home Park or Subdivision" means a manufactured home park or subdivision for

which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed

(including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the

pouring of concrete pads) is completed on or after July 22, 1997.

"North American Vertical Datum (NAVD) of 1988" is a vertical control used as a reference for

establishing varying elevations within the floodplain.

"Owner" means the legal or beneficial owner of a site, including but not limited to, a mortgagee or

vendee in possession, receiver, executor, trustee, lessee or other person, firm or corporation in control of the site.

"Permit" means the permit issued by the Director of the Department of Planning and Development or his

designee to the applicant which is required prior to undertaking any development activity.

"Recreational Vehicle" means a vehicle which is:

(a) built on a single chassis;

(b) 400 square feet or less when measured at the largest horizontal projection;

(c) designed to be self-propelled or permanently towable by light duty truck; and,

(d) designed primarily not for use as a permanent dwelling but as temporary living quarters for

recreational, camping, travel, or seasonal use.

“Repetitive Loss” means flood-related damages sustained by a structure on two separate occasions

during a 10-year period for which the cost of repairs at the time of each such flood event, on the average, equals,

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or exceeds 25 percent of the market value of the structure before the damage occurred.

"Site" means the parcel of land being developed, or the portion thereof on which the development project

is located.

"Start of Construction" means the date the permit was issued, provided the actual start of construction,

repair, reconstruction, or improvement was within 180 days of the permit date. The actual start means the first

placement of permanent construction of the structure such as the pouring of slabs or footings, installation of piles,

construction of columns, or any work beyond the stage of excavation, and includes the placement of a

manufactured home on a foundation. Permanent construction does not include initial land preparation, such as

clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include

excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include

the installation on the property of buildings appurtenant to the permitted structure, such as garages or sheds not

occupied as dwelling units or part of the main structure. (NOTE: accessory structures are not exempt from any

ordinance requirements). For a substantial improvement, the actual start of construction means the first alteration

of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external

dimensions of the building.

"Structure" means a walled and roofed building that is principally above ground, a manufactured home,

a gas or liquid storage tank.

"Subdivision" means the division of a tract or parcel of land resulting in one or more new lots or

building sites for the purpose, whether immediately or in the future, of sale, other transfer of ownership or land

development, and includes divisions of land resulting from or made in connection with the layout or development

of a new street or roadway or a change in an existing street or roadway.

"Substantial Damage" means damage of any origin sustained by a structure whereby the cost of

restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of

the structure before the damage occurred.

"Substantial Improvement" means any combination of repairs, reconstruction, alteration, or

improvements to a structure, taking place during a 10-year period, in which the cumulative cost equals or exceeds

50 percent of the market value of the structure prior to the improvement. The market value of the structure means

(1) the appraised value of the structure prior to the start of the initial repair or improvement, or (2) in the case of

damage, the value of the structure prior to the damage occurring. This term includes structures, which have

incurred “repetitive loss” or "substantial damage" regardless of the actual amount of repair work performed. For

the purposes of this definition, "substantial improvement" is considered to occur when the first alteration of any

wall, ceiling, floor, or other structural part of the structure commences, whether or not that alteration affects the

external dimensions of the building. The term does not, however, include those improvements of a structure

required to comply with existing health, sanitary, or safety code specifications which are solely necessary to

assure safe living conditions, which have been pre-identified by the Code Enforcement Official, and not solely

triggered by an improvement or repair project.

"Substantially Improved Existing Manufactured Home Park or Subdivision" is where the repair,

reconstruction, rehabilitation or improvement of the streets, utilities and pads equals or exceeds 50 percent of the

value of the streets, utilities and pads before the repair, reconstruction or improvement commenced.

"Variance" is a grant of relief from the requirements of this ordinance which permits construction in a

manner otherwise prohibited by this ordinance.

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"Violation" means the failure of a structure or other development to be fully compliant with the

community’s floodplain management regulations. A structure or other development without the elevation

certificate, other certificates, or other evidence of compliance required in this ordinance is presumed to be in

violation until such time as that documentation is provided.

Sec. 34-7. Compatibility with Other Regulations.

This ordinance is not intended to modify or repeal any other ordinance, rule, regulation, statute, easement,

covenant, deed restriction or other provision of law. The requirements of this ordinance are in addition to the

requirements of any other ordinance, rule, regulation or other provision of law, and where any provision of this

ordinance imposes restrictions different from those imposed by any other ordinance, rule, regulation or other

provision of law, whichever provision is more restrictive or impose higher protective standards for human health

or the environment shall control.


If the provisions of any section, subsection, paragraph, subdivision or clause of this ordinance shall be

adjudged invalid by a court of competent jurisdiction, such judgment shall not affect or invalidate the remainder

of any section, subsection, paragraph, subdivision or clause of this ordinance.

Sec. 34-9 – 34-19. Reserved.

DIVISION 2. ADMINISTRATION.

Sec. 34-20. Designation of Ordinance Administrator

The Director of the Department of Planning and Development of the City of Sugar Hill, Georgia or his

designee is hereby appointed to administer and implement the provisions of this ordinance.

Sec. 34-21. Duties and Responsibilities of the Administrator.

Duties of the Ordinance Administrator shall include, but shall not be limited to:

(1) Review all development applications and permits to assure that the requirements of this ordinance

have been satisfied and to determine whether proposed building sites will be reasonably safe from

flooding;

(2) Require that copies of all necessary permits from governmental agencies from which approval is

required by Federal or state law, including but not limited to Section 404 of the Federal Water

Pollution Control Act Amendments of 1972,33 U.S.C. 1334, be provided and maintained on file;

(3) When Base Flood Elevation data or floodway data have not been provided, then the Director of

the Department of Planning and Development or his designee shall require the applicant to

obtain, review and reasonably utilize any base flood elevation and floodway data available from a

Federal, state or other sources in order to meet the provisions of Divisions 3 and 4 of this

ordinance;

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(4) Review and record the actual elevation in relation to mean sea level (or highest adjacent grade) of

the lowest floor, including basement, of all new or substantially improved structures;

(5) Review and record the actual elevation, in relation to mean sea level to which any substantially

improved structures have been flood-proofed;

(6) When flood-proofing is utilized for a non-residential structure, the Director of the Department of

Planning and Development or his designee shall obtain certification of design criteria from a

registered professional engineer or architect;

(7) Notify affected adjacent communities and the Georgia Department of Natural Resources prior to

any alteration or relocation of a watercourse and submit evidence of such notification to the

Federal Emergency Management Agency (FEMA);

(8) Where interpretation is needed as to the exact location of boundaries of the Areas of Special

Flood Hazard (e.g., where there appears to be a conflict between a mapped boundary and actual

field conditions) the Director of the Department of Planning and Development or his designee

shall make the necessary interpretation. Any person contesting the location of the boundary shall

be given a reasonable opportunity to appeal the interpretation as provided in this ordinance.

Where floodplain elevations have been defined, the floodplain shall be determined based on flood

elevations rather than the area graphically delineated on the floodplain maps; and,

(9) All records pertaining to the provisions of this ordinance shall be maintained in the office of the

Director of the Department of Planning and Development or his designee and shall be open for

public inspection.

Sec. 34-22. Permit Application Requirements.

No owner or developer shall perform any development activities on a site where an Area of Special Flood

Hazard is located without first meeting the requirements of this ordinance prior to commencing the proposed

activity.

Unless specifically excluded by this ordinance, any landowner or developer desiring a permit for a

development activity shall submit to the Department of Planning and Development a permit application on a form

provided by the Department of Planning and Development for that purpose.

No permit will be approved for any development activities that do not meet the requirements, restrictions

and criteria of this ordinance.

Sec. 34-23. Floodplain Management Plan Requirements.

An application for a development project with any Area of Special Flood Hazard located on the site will

be required to include a floodplain management / flood damage prevention plan. This plan shall include the

following items:

(1) Site plan drawn to scale, which includes but is not limited to:

(a) Existing and proposed elevations of the area in question and the nature, location and

dimensions of existing and/or proposed structures, earthen fill placement, amount and

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location of excavation material, and storage of materials or equipment;

(b) For all proposed structures, spot ground elevations at building corners and 20-foot or

smaller intervals along the foundation footprint, or one foot contour elevations throughout

the building site;

(c) Proposed locations of water supply, sanitary sewer, and utilities;

(d) Proposed locations of drainage and stormwater management facilities;

(e) Proposed grading plan;

(f) Base flood elevations and future-conditions flood elevations;

(g) Boundaries of the base flood floodplain and future-conditions floodplain;

(h) If applicable, the location of the floodway; and

(i) Certification of the above by a registered professional engineer or surveyor.

(2) Building and foundation design detail, including but not limited to:

(a) Elevation in relation to mean sea level (or highest adjacent grade) of the lowest floor,

including basement, of all proposed structures;

(b) Elevation in relation to mean sea level to which any non-residential structure will be

floodproofed;

(c) Certification that any proposed non-residential floodproofed structure meets the criteria in

Section 34-71(2);

(d) For enclosures below the base flood elevation, location and total net area of foundation

openings as required in Section 34-70(5).

(e) Design plans certified by a registered professional engineer or architect for all proposed

structure(s).

(3) Description of the extent to which any watercourse will be altered or relocated as a result of the

proposed development;

(4) Hard copies and digital files of computer models, if any, copies of work maps, comparison of

pre- and post development conditions base flood elevations, future-conditions flood elevations,

flood protection elevations, Special Flood Hazard Areas and regulatory floodway widths, flood

profiles and all other computations and other information similar to that presented in the FIS;

(5) Copies of all applicable State and Federal permits necessary for proposed development; and

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(6) All appropriate certifications required under this ordinance.

The approved floodplain management / flood damage prevention plan shall contain certification by the

applicant that all development activities will be done according to the plan or previously approved revisions.

Any and all development permits and/or use and occupancy certificates or permits may be revoked at any time if

the construction and development activities are not in strict accordance with approved plans.

Sec. 34-24. Construction Stage Submittal Requirements.

For all new construction and substantial improvements on sites with a floodplain management / flood

damage prevention plan, the permit holder shall provide to the Director of the Department of Planning and

Development or his designee a certified as-built Elevation Certificate or Floodproofing Certificate for non-

residential construction including the lowest floor elevation or flood-proofing level immediately after the lowest

floor or flood-proofing is completed. A final Elevation Certificate shall be provided after completion of

construction including final grading of the site. Any lowest floor certification made relative to mean sea level

shall be prepared by or under the direct supervision of a registered land surveyor or professional engineer and

certified by same. When flood-proofing is utilized for non-residential structures, said certification shall be

prepared by or under the direct supervision of a professional engineer or architect and certified by same.

Any work undertaken prior to approval of these certifications shall be at the permit holder's risk. The

Director of the Department of Planning and Development or his designee shall review the above referenced

certification data submitted. Deficiencies detected by such review shall be corrected by the permit holder

immediately and prior to further work being allowed to proceed. Failure to submit certification or failure to make

the corrections required hereby shall be cause to issue a stop work order for the project.

Sec. 34-25 – 34-39. Reserved.

DIVISION 3. STANDARDS FOR DEVELOPMENT.

Sec. 34-40. Definition of Floodplain Boundaries.

(1) Studied “A” zones, as identified in the FIS, shall be used to establish base flood elevations

whenever available.

(2) For all streams with a drainage area of 100 acres or greater, the future-conditions flood elevations

shall be provided by the Department of Planning and Development. If future-conditions

elevation data is not available from the Department of Planning and Development, then it shall be

determined by a registered professional engineer using a method approved by FEMA and the


Sec. 34-41. Definition of Floodway Boundaries.

(1) The width of a floodway shall be determined from the FIS or FEMA approved flood study. For

all streams with a drainage area of 100 acres or greater, the regulatory floodway shall be provided

by the Department of Planning and Development. If floodway data is not available from the

Department of Planning and Development, then it shall be determined by a registered

professional engineer using a method approved by FEMA and the Director of the Department of

Planning and Development or his designee.

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Sec. 34-42. General Standards.

(1) No development shall be allowed within the future-conditions floodplain that could result in any

of the following:

(a) Raising the base flood elevation or future-conditions flood elevation equal to or more than

0.01 foot;

(b) Reducing the base flood or future-conditions flood storage capacity;

(c) Changing the flow characteristics as to the depth and velocity of the waters of the base

flood or future-conditions flood as they pass both the upstream and the downstream

boundaries of the development area; or,

(d) Creating hazardous or erosion-producing velocities, or resulting in excessive

sedimentation.

(2) Any development within the future-conditions floodplain allowed under (1) above shall also meet

the following conditions:

(a) Compensation for storage capacity shall occur between the average ground water table

elevation and the base flood elevation for the base flood, and between the average ground

water table elevation and the future-condition flood elevation for the future-conditions

flood, and lie either within the boundaries of ownership of the property being developed

and shall be within the immediate vicinity of the location of the encroachment.

Acceptable means of providing required compensation include lowering of natural ground

elevations within the floodplain, or lowering of adjoining land areas to create additional

floodplain storage. In no case shall any required compensation be provided via bottom

storage or by excavating below the elevation of the top of the natural (pre-development)

stream channel unless such excavation results from the widening or relocation of the

stream channel;

(b) Cut areas shall be stabilized and graded to a slope of no less than 2.0 percent;

(c) Effective transitions shall be provided such that flow velocities occurring on both

upstream and downstream properties are not increased or decreased;

(d) Verification of no-rise conditions (0.01 foot or less), flood storage volumes, and flow

characteristics shall be provided via a step-backwater analysis meeting the requirements

of Section 34-43;

(e) Public utilities and facilities, such as water, sanitary sewer, gas, and electrical systems,

shall be located and constructed to minimize or eliminate infiltration or contamination

from flood waters; and

(f) Any significant physical changes to the base flood floodplain shall be submitted as a

Conditional Letter of Map Revision (CLOMR) or Conditional Letter of Map Amendment

(CLOMA), whichever is applicable. The CLOMR submittal shall be subject to approval

by the Director of the Department of Planning and Development or his designee using the

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Community Consent forms before forwarding the submittal package to FEMA for final

approval. The responsibility for forwarding the CLOMR to FEMA and for obtaining the

CLOMR approval shall be the responsibility of the applicant. Within six months of the

completion of construction, the applicant shall submit as-built surveys for a final Letter of

Map Revision (LOMR).

Sec. 34-43. Engineering Study Requirements for Floodplain Encroachments.

An engineering study is required, as appropriate to the proposed development activities on the site,

whenever a development proposes to disturb any land within the future-conditions floodplain, except for a

residential single-lot development on streams without established base flood elevations and/or floodways for

which the provisions of Section 34-73 apply. This study shall be prepared by a currently registered Professional

Engineer in the State of Georgia and made a part of the application for a permit. This information shall be

submitted to and approved by the Director of the Department of Planning and Development or his designee prior

to the approval of any permit which would authorize the disturbance of land located within the future-conditions

floodplain. Such study shall include:

(1) Description of the extent to which any watercourse or floodplain will be altered or relocated as a

result of the proposed development;

(2) Step-backwater analysis, using a FEMA-approved methodology approved by the Director of the

Department of Planning and Development or his designee. Cross-sections (which may be

supplemented by the applicant) and flow information will be obtained whenever available.

Computations will be shown duplicating FIS results and will then be rerun with the proposed

modifications to determine the new base flood profiles, and future-conditions flood profiles;

(3) Floodplain storage calculations based on cross-sections (at least one every 100 feet) showing

existing and proposed floodplain conditions to show that base flood floodplain and future-

conditions floodplain storage capacity would not be diminished by the development;

(4) The study shall include a preliminary plat, grading plan, or site plan, as appropriate, which shall

clearly define all future-conditions floodplain encroachments.

Sec. 34-44. Floodway Encroachments.

Located within Areas of Special Flood Hazard are areas designated as floodway. A floodway may be an

extremely hazardous area due to velocity flood waters, debris or erosion potential. In addition, floodways must

remain free of encroachment in order to allow for the discharge of the base flood without increased flood heights.

Therefore the following provisions shall apply:

(1) Encroachments are prohibited, including earthen fill, new construction, substantial improvements

or other development within the regulatory floodway, except for activities specifically allowed in

(2) below.

(2) Encroachments for bridges, culverts, roadways and utilities within the regulatory floodway may

be permitted provided it is demonstrated through hydrologic and hydraulic analyses performed in

accordance with standard engineering practice that the encroachment shall not result in any

increase to the pre-project base flood elevations, floodway elevations, or floodway widths during

the base flood discharge. A registered professional engineer must provide supporting technical

356

data and certification thereof; and,

(3) If the applicant proposes to revise the floodway boundaries, no permit authorizing the

encroachment into or an alteration of the floodway shall be issued by the Director of the

Department of Planning and Development or his designee until an affirmative Conditional Letter

of Map Revision (CLOMR) is issued by FEMA and no-rise certification is approved by the


Sec. 34-45. Maintenance Requirements.

The property owner shall be responsible for continuing maintenance as may be needed within an altered

or relocated portion of a floodplain on his property so that the flood-carrying or flood storage capacity is not

diminished. The Director of the Department of Planning and Development or his designee may direct the

property owner (at no cost to the City of Sugar Hill, Georgia) to restore the flood-carrying or flood storage

capacity of the floodplain if the owner has not performed maintenance as required by the approved floodplain

management plan on file with the Department of Planning and Development.

Sec. 34-46 – 34-69. Reserved.

DIVISION 4. PROVISIONS FOR FLOOD DAMAGE REDUCTION.

Sec. 34-70. General Standards.

In all Areas of Special Flood Hazard the following provisions apply:

(1) New construction of principal buildings (residential or non-residential), including manufactured

homes, shall not be allowed within the limits of the future-conditions floodplain, unless all

requirements of Sections 34-42, 34-43 and 34-44 have been met;

(2) New construction or substantial improvements of existing structures shall be anchored to prevent

flotation, collapse or lateral movement of the structure;

(3) New construction or substantial improvements of existing structures shall be constructed with

materials and utility equipment resistant to flood damage;

(4) New construction or substantial improvements of existing structures shall be constructed by

methods and practices that minimize flood damage;

(5) Elevated Buildings - All new construction and substantial improvements of existing structures

that include any fully enclosed area located below the lowest floor formed by foundation and

other exterior walls shall be designed so as to be an unfinished and flood resistant enclosure. The

enclosure shall be designed to equalize hydrostatic flood forces on exterior walls by allowing for

the automatic entry and exit of floodwater.

(a) Designs for complying with this requirement must either be certified by a professional

engineer or architect or meet the following minimum criteria:

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(i) Provide a minimum of two openings having a total net area of not less than one

square inch for every square foot of enclosed area subject to flooding;

(ii) The bottom of all openings shall be no higher than one foot above grade; and,

(iii) Openings may be equipped with screens, louvers, valves or other coverings or

devices provided they permit the automatic flow of floodwater in both directions.

(b) So as not to violate the "Lowest Floor" criteria of this ordinance, the unfinished and flood

resistant enclosure shall solely be used for parking of vehicles, limited storage of

maintenance equipment used in connection with the premises, or entry to the elevated

area; and,

(c) The interior portion of such enclosed area shall not be partitioned or finished into separate

rooms.

(6) All heating and air conditioning equipment and components (including ductwork), all electrical,

ventilation, plumbing, and other service facilities shall be designed and/or located three (3) feet

above the base flood elevation or one (1) foot above the future-conditions flood elevation,

whichever is higher, so as to prevent water from entering or accumulating within the components

during conditions of flooding;

(7) Manufactured homes shall be anchored to prevent flotation, collapse, or lateral movement.

Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to

ground anchors. This standard shall be in addition to and consistent with applicable State

requirements for resisting wind forces;

(8) New and replacement water supply systems shall be designed to minimize or eliminate

infiltration of flood waters into the system;

(9) New and replacement sanitary sewage systems shall be designed to minimize or eliminate

infiltration of flood waters into the systems and discharges from the systems into flood waters;

(10) On-site waste disposal systems shall be located and constructed to avoid impairment to them, or

contamination from them, during flooding; and,

(11) Any alteration, repair, reconstruction or improvement to a structure which is not compliant with

the provisions of this ordinance, shall be undertaken only if the non- conformity is not furthered,

extended or replaced.

(12) If the proposed development is located in multiple flood zones or multiple base flood elevation

cross the proposed site, the higher or more restrictive base flood elevation or future condition

elevation and development standards shall take precedence.

Sec. 34-71. Building Standards for Structures and Buildings Within the Future-Conditions Floodplain.

The following provisions, in addition to those in Section 34-70, shall apply:

(1) Residential Buildings

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(a) New construction. New construction of principal buildings, including manufactured

homes shall not be allowed within the limits of the future-conditions floodplain unless all

requirements of Sections 34-42, 34-43 and 34-44 have been met. If all of the

requirements of Sections 34-42, 34- 43 and 34-44 have been met, all new construction

shall have the lowest floor, including basement, elevated no lower than three (3) feet

above the base flood elevation or one (1) foot above the future-conditions flood elevation,

whichever is higher. Should solid foundation perimeter walls be used to elevate the

structure, openings sufficient to equalize the hydrologic flood forces on exterior walls and

to facilitate the unimpeded movements of floodwaters shall be provided in accordance

with standards of Section 34-70(5).

(b) Substantial Improvements. Substantial improvement of any principal structure or

manufactured home shall have the lowest floor, including basement, elevated no lower

than three (3) feet above the base flood elevation or one (1) foot above the future-

conditions flood elevation, whichever is higher. Should solid foundation perimeter walls

be used to elevate a structure, openings sufficient to equalize the hydrologic flood forces

on exterior walls and to facilitate the unimpeded movements of flood waters shall be

provided in accordance with standards of Section 34-70(5).

(2) Non-Residential Buildings

(a) New construction. New construction of principal buildings, including manufactured

homes shall not be allowed within the limits of the future-conditions floodplain unless all

requirements of Sections 34-42, 34-43 and 34-44 have been met. New construction that

has met all of the requirements of Sections 34-42, 34-43 and 34-44 may be flood-proofed

in lieu of elevation. The structure, together with attendant utility and sanitary facilities,

must be designed to be watertight to one (1) foot above the base flood elevation, or at

least as high as the future-conditions flood elevation, whichever is higher, with walls

substantially impermeable to the passage of water and structural components having the

capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A

registered Professional Engineer or architect shall certify that the design and methods of

construction are in accordance with accepted standards of practice for meeting the

provisions above, and shall provide such certification to the Director of the Department of


(b) Substantial Improvements. Substantial improvement of any principal non-residential

structure located in A1- 30, AE, or AH zones, may be authorized by the Director of the

Department of Planning and Development or his designee to be flood-proofed in lieu of

elevation. The structure, together with attendant utility and sanitary facilities, must be

designed to be water tight to one (1) foot above the base flood elevation, or at least as

high as the future-conditions flood elevation, whichever is higher, with walls substantially

impermeable to the passage of water, and structural components having the capability of

resisting hydrostatic and hydrodynamic loads and the effect of buoyancy. A registered

Professional Engineer or architect shall certify that the design and methods of

construction are in accordance with accepted standards of practice for meeting the

provisions above, and shall provide such certification to the Director of the Department of


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(3) Accessory Structures and Facilities

(a) Accessory structures and facilities (i.e., barns, sheds, gazebos, detached garages, parking

lots, recreational facilities and other similar non-habitable structures and facilities) which

are permitted to be located within the limits of the floodplain shall be constructed of

flood-resistant materials and designed to pass all floodwater in accordance with Section

34-70(5) and be anchored to prevent flotation, collapse or lateral movement of the

structure.

(4) Standards for Recreational Vehicles

All recreational vehicles placed on sites must either:

(a) Be on the site for fewer than 180 consecutive days and be fully licensed and ready for

highway use, (a recreational vehicle is ready for highway use if it is licensed, on its

wheels or jacking system, attached to the site only by quick disconnect type utilities and

security devices, and has no permanently attached structures or additions); or

(b) The recreational vehicle must meet all the requirements for Residential Buildings—

Substantial Improvements (Section 34-71(1)(b)), including the anchoring and elevation

requirements.

(5) Standards for Manufactured Homes

(a) New manufactured homes shall not be allowed to be placed within the limits of the

future-conditions floodplain unless all requirements of Sections 34-42, 34-43 and 34-44

have been met.

(b) Manufactured homes placed and/or substantially improved in an existing manufactured

home park or subdivision shall be elevated so that either:

(i) The lowest floor of the manufactured home is elevated no lower than three (3) feet

above the level of the base flood elevation, or one (1) foot above the future-

conditions flood elevation, whichever is higher; or

(ii) The manufactured home chassis is elevated and supported by reinforced piers (or

other foundation elements of at least an equivalent strength) of no less than 36

inches in height above grade.

(c) All manufactured homes must be securely anchored to an adequately anchored foundation

system to resist flotation, collapse and lateral movement in accordance with standards of

Section 34-70(7).

Sec. 34-72. Building Standards for Structures and Buildings Authorized Adjacent to the Future-

Conditions Floodplain.

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(1) Residential Buildings – For new construction or substantial improvement of any principal

residential building or manufactured home, the elevation of the lowest floor, including basement

and access to the building, shall be at least three (3) feet above the base flood elevation or one (1)

foot above the future-conditions flood elevation, whichever is higher.

(2) Non-Residential Buildings – For new construction or substantial improvement of any principal

non-residential building, the elevation of the lowest floor, including basement and access to the

building, shall be at least one (1) foot above the level of the base flood elevation or at least as

high as the future-conditions flood elevation, whichever is higher.

Sec. 34-73. Building Standards for Residential Single-Lot Developments on Streams Without Established

Base Flood Elevations and/or Floodway (A-Zones).

For a residential single-lot development not part of a subdivision that has Areas of Special Flood Hazard,

where streams exist but no base flood data have been provided (A-Zones), the Director of the Department of

Planning and Development or his designee shall review and reasonably utilize any available scientific or historic

flood elevation data, base flood elevation and floodway data, or future-conditions flood elevation data available

from a Federal, State, local or other source, in order to administer the provisions and standards of this ordinance.

If data are not available from any of these sources, the following provisions shall apply:

(1) No encroachments, including structures or fill material, shall be located within an area equal to

twice the width of the stream or fifty (50) feet from the top of the bank of the stream, whichever

is greater.

(2) In special flood hazard areas without base flood or future-conditions flood elevation data, new

construction and substantial improvements of existing structures shall have the lowest floor of the

lowest enclosed area (including basement) elevated no less than three (3) feet above the highest

adjacent grade at the building site. Openings sufficient to facilitate the unimpeded movements of

floodwaters shall be provided in accordance with Section 34-70(5).

Sec. 34-74. Building Standards for Areas of Shallow Flooding (AO-Zones).

Areas of Special Flood Hazard may include designated "AO" shallow flooding areas. These areas have

base flood depths of one (1) to three (3) feet above ground, with no clearly defined channel. In these areas the

following provisions apply:

(1) New and substantial improvements of residential and non-residential structures shall have the

lowest floor, including basement, elevated to no lower than one (1) foot above the flood depth

number in feet specified on the Flood Insurance Rate Map (FIRM), above the highest adjacent

grade. If no flood depth number is specified, the lowest floor, including basement, shall be

elevated at least three (3) feet above the highest adjacent grade. Openings sufficient to facilitate

the unimpeded movements of flood waters shall be provided in accordance with standards of

Section 34-70(5).

(2) New and substantial improvements of a non-residential structure may be flood-proofed in lieu of

elevation. The structure, together with attendant utility and sanitary facilities, must be designed to

be water tight to the specified FIRM flood level plus one (1) foot above the highest adjacent

grade, with walls substantially impermeable to the passage of water, and structural components

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having the capability of resisting hydrostatic and hydrodynamic loads and the effect of buoyancy.

A registered professional engineer or architect shall certify that the design and methods of

construction are in accordance with accepted standards of practice; and,

(3) Drainage paths shall be provided to guide floodwater around and away from any proposed

structure.

Sec. 34-75. Standards for Subdivisions.

(1) All subdivision proposals shall identify the special flood hazard area and provide base flood

elevation data and future-conditions flood elevation data;

(2) All residential lots in a subdivision proposal shall have sufficient buildable area outside of the

future-conditions floodplain such that encroachments into the future-conditions floodplain for

residential structures will not be required;

(3) All subdivision plans will provide the elevations of proposed structures in accordance with

Section 34-23.

(4) All subdivision proposals shall be consistent with the need to minimize flood damage;

(5) All subdivision proposals shall have public utilities and facilities such as water, sanitary sewer,

gas, and electrical systems located and constructed to minimize or eliminate infiltration of flood

waters, and discharges from the systems into flood waters; and,

(6) All subdivision proposals shall include adequate drainage and stormwater management facilities

per the requirements of the city to reduce potential exposure to flood hazards.

Sec. 34-76 – 34-99. Reserved.

DIVISION 5. VARIANCE PROCEDURES.

Sec. 34-100. Appeals and Variance.

The following variance and appeals procedures shall apply to an applicant who has been denied a permit

for a development activity or to an owner or developer who has not applied for a permit because it is clear that

the proposed development activity would be inconsistent with the provisions of this ordinance. A request for a

variance may be submitted by an applicant who has been denied a permit by the Director of the Department of

Planning and Development or his designee, or by an owner or developer who has not previously applied for a

permit for the reasons stated herein above.

(1) Requests for variances from the requirements of this ordinance shall be submitted to Director of

the Department of Planning and Development or his designee. All such requests shall be heard

and decided in accordance with procedures to be published in writing by the Director of the

Department of Planning and Development or his designee. At a minimum, such procedures shall

include notice to all affected parties and the opportunity to be heard.

(2) Any person adversely affected by any decision of the Director of the Department of Planning and

Development or his designee shall have the right to appeal such decision to the Mayor and

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Council of the City of Sugar Hill, Georgia in accordance with procedures for a variance as set

forth in the City’s 2000 Zoning Ordinance. At a minimum, such procedures shall include notice

to all affected parties and the opportunity to be heard.

(3) Any person aggrieved by the decision of the Mayor and Council may appeal such decision to the

Superior Court of Gwinnett County, Georgia, as provided in Section 5-4-1 of the Official Code of

Georgia Annotated.

(4) Variances may be issued for the repair or rehabilitation of Historic structures upon a

determination that the proposed repair or rehabilitation will not preclude the structure's continued

designation as a Historic structure, and the variance issued shall be the minimum necessary to

preserve the historic character and design of the structure.

(5) Variances may be issued for development necessary for the conduct of a functionally dependent

use, provided the criteria of this Section are met, no reasonable alternative exists, and the

development is protected by methods that minimize flood damage during the base flood and

create no additional threats to public safety.

(6) Variances shall not be issued within any designated floodway if any increase in flood levels

during the base flood discharge would result.

(7) In reviewing such requests, the Director of the Department of Planning and Development or his

designee and Mayor and Council shall consider all technical evaluations, relevant factors, and all

standards specified in this and other sections of this ordinance.

(8) Conditions for Variances:

(a) A variance shall be issued only when there is:

(i) a finding of good and sufficient cause;

(ii) a determination that failure to grant the variance would result in exceptional

hardship; and,

(iii) a determination that the granting of a variance will not result in increased flood

heights, additional threats to public safety, extraordinary public expense, or the

creation of a nuisance.

(b) The provisions of this ordinance are minimum standards for flood loss reduction;

therefore, any deviation from the standards must be weighed carefully. Variances shall

only be issued upon determination that the variance is the minimum necessary,

considering the flood hazard, to afford relief; and, in the instance of a Historic structure, a

determination that the variance is the minimum necessary so as not to destroy the historic

character and design of the building.

(c) Any person to whom a variance is granted shall be given written notice specifying the

difference between the base flood elevation and the elevation of the proposed lowest floor

and stating that the cost of flood insurance will be commensurate with the increased risk

to life and property resulting from the reduced lowest floor elevation.

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(d) The Director of the Department of Planning and Development or his designee shall

maintain the records of all appeal actions and report any variances to the Federal

Emergency Management Agency upon request.

(9) Any person requesting a variance shall, from the time of the request until the time the request is

acted upon, submit such information and documentation as the Director of the Department of

Planning and Development or his designee and Mayor and Council shall deem necessary to the

consideration of the request.

(10) Upon consideration of the factors listed above and the purposes of this ordinance, the Director of

the Department of Planning and Development or his designee and the Mayor and Council may

attach such conditions to the granting of variances as they deem necessary or appropriate,

consistent with the purposes of this ordinance.

(11) Variances shall not be issued “after the fact.”

Secs. 34-101 – 34-129. Reserved.

DIVISION 6. ENFORCEMENT AND PENALTIES.

Sec. 34-130. Generally.

Any action or inaction which violates the provisions of this ordinance or the requirements of an approved

stormwater management plan or permit, may be subject to the enforcement actions outlined in this Section. Any

such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be

abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not

prevent such equitable relief.

Sec. 34-131. Notice of Violation.

If the Director of the Department of Planning and Development or his designee determines that an

applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved

stormwater management plan or the provisions of this ordinance, it shall issue a written notice of violation to

such applicant or other responsible person. Where a person is engaged in activity covered by this ordinance

without having first secured a permit therefore, the notice of violation shall be served on the owner or the

responsible person in charge of the activity being conducted on the site.

The notice of violation shall contain:

(1) The name and address of the owner or the applicant or the responsible person;

(2) The address or other description of the site upon which the violation is occurring;

(3) A statement specifying the nature of the violation;

(4) A description of the remedial measures necessary to bring the action or inaction into compliance

364

with the permit, the stormwater management plan or this ordinance and the date for the

completion of such remedial action;

(5) A statement of the penalty or penalties that may be assessed against the person to whom the

notice of violation is directed; and,

(6) A statement that the determination of violation may be appealed to the Director of the

Department of Planning and Development or his designee by filing a written notice of appeal

within thirty (30) days after the notice of violation (except, that in the event the violation

constitutes an immediate danger to public health or public safety, 24 hours notice shall be

sufficient).


In the event the remedial measures described in the notice of violation have not been completed by the

date set forth for such completion in the notice of violation, any one or more of the following actions or penalties

may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of

the following actions or imposing any of the following penalties, the Director of the Department of Planning and

Development or his designee shall first notify the applicant or other responsible person in writing of its intended

action, and shall provide a reasonable opportunity, of not less than ten (10) days (except, that in the event the

violation constitutes an immediate danger to public health or public safety, 24 hours notice shall be sufficient) to

cure such violation. In the event the applicant or other responsible person fails to cure such violation after such

notice and cure period, the Director of the Department of Planning and Development or his designee may take

any one or more of the following actions or impose any one or more of the following penalties.

(1) Stop Work Order -The Director of the Department of Planning and Development or his designee

may issue a stop work order which shall be served on the applicant or other responsible person.

The stop work order shall remain in effect until the applicant or other responsible person has taken

the remedial measures set forth in the notice of violation or has otherwise cured the violation or

violations described therein, provided the stop work order may be withdrawn or modified to

enable the applicant or other responsible person to take the necessary remedial measures to cure

such violation or violations.

(2) Withhold Certificate of Occupancy - The Director of the Department of Planning and

Development or his designee may refuse to issue a certificate of occupancy for the building or

other improvements constructed or being constructed on the site until the applicant or other

responsible person has taken the remedial measures set forth in the notice of violation or has

otherwise cured the violations described therein.

(3) Suspension, Revocation or Modification of Permit - The Director of the Department of

Planning and Development or his designee may suspend, revoke or modify the permit authorizing

the development project. A suspended, revoked or modified permit may be reinstated after the

applicant or other responsible person has taken the remedial measures set forth in the notice of

violation or has otherwise cured the violations described therein, provided such permit may be

reinstated (upon such conditions as the Director of the Department of Planning and Development

or his designee may deem necessary) to enable the applicant or other responsible person to take

the necessary remedial measures to cure such violations.

(4) Civil Penalties - In the event the applicant or other responsible person fails to take the remedial

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measures set forth in the notice of violation or otherwise fails to cure the violations described

therein within ten (10) days, or such greater period as the Director of the Department of Planning

and Development or his designee shall deem appropriate (except, that in the event the violation

constitutes an immediate danger to public health or public safety, 24 hours notice shall be

sufficient) after the Director of the Department of Planning and Development or his designee has

taken one or more of the actions described above, the Director of the Department of Planning and

Development or his designee may impose a penalty not to exceed $1,000 (depending on the

severity of the violation) for each day the violation remains unremedied after receipt of the notice

of violation.

(5) Criminal Penalties - For intentional and flagrant violations of this ordinance, the Director of the

Department of Planning and Development or his designee may issue a citation to the applicant or

other responsible person, requiring such person to appear before the Municipal Court of the City

of Sugar Hill, Georgia, to answer charges for such violation. Upon conviction, such person shall

be punished by a fine not to exceed $1,000 or imprisonment for 60 days or both. Each act of

violation and each day upon which any violation shall occur shall constitute a separate offense.

(6) Other Remedies – In any case in which a violation of this ordinance has occurred, the city, in

addition to other remedies provided by law, may petition for a restraining order, injunction,

abatement, or take any other appropriate legal action or proceeding through a court of competent

jurisdiction to prevent, restrain or abate such unlawful use or activity.

Chapters 35—37

RESERVED

Chapter 38

HEALTH AND SANITATION*


powers, O.C.G.A. § 36-35-1 et seq.; authority to provide for public health, Ga. Const. art. IX, § II, ¶ III(a)(3); health generally,

O.C.G.A. § 3 1-1-1 et seq.



Article II. Storage of Junk


Sec. 3 8-22. Accumulation of junk prohibited.

Sec. 3 8-23. Abatement of nuisance--By property owner after notice.

Sec. 3 8-24. Same --By city.

Sec. 38-25. Disposition of junk after removal by city; notice.

Sec. 38-26. Procedure upon objection to city action.

Sec. 38-27. Abandoned motor vehicles.

Sec. 3 8-28. Determination of existence of nuisances.


Sec. 3 8-30. Summary abatement; liability.


Article III. Noise Control


Sec. 38-87. Excessive noise prohibited.

Sec. 38-88. Maximum permissible sound levels.

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Sec. 38-89. Exemptions to sound limits.

Sec. 3 8-90. Specific prohibitions.

Sec. 3 8-91. Penalty for violation of article.

Sec. 3 8-92. Responsibility for enforcement of article.


Article IV. Tourist Courts


Sec. 38-152. Permit.

Sec. 38-153. Plan review.



Sec. 38-156. Toilet facilities.

Sec. 3 8-157. Sewers.

Sec. 38-158. Sewage disposal.

Sec. 38-159. Plumbing.

Sec. 38-160. Refuse disposal.

Sec. 38-161. Insect and rodent control.

Sec. 38-162. Construction, layout and furnishings.

Sec. 38-163. Heating.

Sec. 38-164. Food service.

Sec. 38-1 65. Swimming pools.

Sec. 38-166. Laundry rooms.

Sec. 38-167. Grounds.


Secs. 38-169--38-190. Reserved.

Article V. Vector Control


Sec. 38-192. General provisions.


ARTICLE I.

IN GENERAL

Secs. 38-1—38-20. Reserved

ARTICLE II.

STORAGE OF JUNK

Secs. 38-21.

Definitions.

The following words and phrases, when used in this article, shall have the meanings ascribed to them in this

section, unless the context clearly indicates otherwise:

Junk means any automobile, truck, trailer or vehicle of any kind or type not in good and safe operating

condition, any used parts removed from an automobile, any other vehicle, machinery, appliance, implement or

other property, not real property, of any kind which is no longer safely usable for the purposes for which it was

manufactured or originally intended or which is not properly stored.

in full compliance with all appropriate ordinances of the city, the laws of the state, and with this Code.

Nuisance means the unsheltered storage of junk for a period of 30 days or more on any location within

367

the corporate limits of the city, other than in a junkyard.

Owner means the legal owner of junk, the lessee of junk, the person in possession of junk, the tenant,

occupant or owner of real property on which junk is located, or any combination or all of such persons.

Person means a natural person, a corporation, a partnership, a limited partnership, a trust, an

unincorporated association, and any other entity recognized at law or in equity as having the rights to sue, be

sued, or own property in its name.

(Code 1988, § 12-41)

Sec. 38-22. Accumulation of junk prohibited.

It shall be unlawful for any owner or resident of any property in the city other than a person who is a

licensed junk dealer to permit to accumulate on such property any junk, as such term is defined in section 38-

21, including any discarded, dismantled, wrecked, scrapped, ruined or junked motor vehicles, or parts thereof.

(Code 1988, § 12-42)

Sec. 38-23. Abatement of nuisance--By property owner after notice.

The owner of any personal property located within the city which constitutes a nuisance shall abate such

nuisance within ten days after receiving notice from the city of the existence of such nuisance and a request that it

be abated. Abatement of such nuisance shall be done by prompt removal of the personal property into a

completely enclosed building authorized to be used for such storage purposes, to a location or locations outside

the city limits, into a junkyard, or the restoration of the personal property to a condition legally useable for the

purpose for which it was manufactured or originally intended.

(Code 1988, § 12-43)

Sec. 38-24. Same--By city.

When a nuisance has not been abated within such ten days the city may, but shall not be required to,

remove or cause to be removed the personal property from such location where it is stored to a location selected by

the city. The expense for the removal and any expense incurred in connection with the storage thereof shall be

paid by the owner, and such expenses shall be a lien against the personal property, having the same weight as a levy

for taxes.

(Code 1988, § 12-44)

Sec. 38-25. Disposition of junk after removal by city; notice.

Personal property so removed or caused to be removed by the city may be sold by the city at any time

after 30 days from its removal. Notice, after which the property may be sold, of the time, date and place of the

sale of the personal property shall be given to the owner, if known, by certified or registered mail sent to the

owner's address or by personally delivering notice to the owner or the owner's residence at least ten days prior to

such sale date. If the owner of the personal property cannot be readily determined, after reasonable effort has

been made, notice shall be given by publication of such notice once a week for two successive weeks prior to the

sale date in a newspaper where sheriff's sales are advertised, which notice shall contain a general description of the

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personal property, the date, time and place of the proposed sale, and the location from which the sale will be

conducted, and a copy of such notice shall be posted in a prominent place at the city hall. The proceeds from the

sale of such personal property shall be applied first toward any expenses incurred by the city in the renewal, storage

and sale of same, and the balance, if any, shall be paid to the owner if the owner can be located and

identified, or, if the owner, after reasonable effort, cannot be located, such balance shall be deposited in the city

treasury for the general use of the city at the expiration of 12 months following the sale. If the proceeds from the

sale are insufficient to pay the cost and expenses incurred by the city in connection with the removal, storage and

sale, the deficiency shall constitute a claim against the owner and may be collected by the city by lawsuit or other

available legal means.

(Code 1988, § 12-45)

Sec. 38-26. Procedure upon objection to city action.

(a) Filing of written objection. At any time after notice as provided in section 3 8-23 above and prior

to sale as provided in section 3 8-25 above, the owner or any other person having any legal or

equitable interest whatsoever in such personal property may make a statement in writing and file

same with the city clerk, which statement shall contain any legal or equitable defense that may be

available to such person to oppose the action or proposed action of the city.

(b) Hearing. Upon the receipt of such written statement, the city clerk shall advise the mayor and

council of same and a hearing shall be held before the mayor and council at the next regular

council meeting, notice of the time, date and place of which shall be given by the city clerk to

such person, to determine the merits of the allegations contained in such written statement.

After such hearing the mayor and council may order that the proceedings relating to the junk in

question proceed, be terminated, or they may take such other action as may be appropriate in

connection therewith.

(c) Appeal. Any person aggrieved by the order or action of the mayor and council may appeal their

decision in the same manner as provided under state law for appeals to the probate court.

(Code 1988, § 12-46)

Sec. 38-27. Abandoned motor vehicles.

For the purposes of this article, the term "abandoned motor vehicle" as defined in O.C.G.A. § 40-11-1,

shall be considered junk; provided, however, that as to any such abandoned motor vehicle the city shall, in

addition to complying with the provisions of this article, comply with all provisions of O.C.G.A. § 40-11-1 et

seq., to the extent such code provisions are applicable and relevant to the city.

(Code 1988, § 12-47)

Sec. 38-28. Determination of existence of nuisances.

For the purposes of this article, if a factual issue exists as to whether or not there is a nuisance, as defined

herein, the city may proceed as provided in O.C.G.A. § 41-2-1 et seq., in addition to any other remedies that may

be available to the city, either under the provisions of this article or otherwise.

(Code 1988, § 12-48)


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The creation of a nuisance as herein defined, the continuation of such a nuisance, or the failure to abate

such a nuisance within ten days after being requested in writing to do so by the city, by any person, shall

constitute a misdemeanor and shall be punished by a fine of up to $500.00, by a jail sentence of up to 30 days, or

both, for each separate violation. Each day such a nuisance continues unabated shall constitute a separate

violation. Prosecution of a criminal offense hereunder shall not affect the right of the city, in its discretion, to

proceed to abate the nuisance in any manner herein provided or otherwise authorized.

(Code 1988, § 12-49)

Sec. 38-30. Summary abatement; liability.

Personal property which is on public or private property which is so located or of such condition as to

create a present and immediate danger to the public, or which is a public nuisance as provided by state law may, in

the discretion of the city, be removed without prior notice. After removal, any further proceeding in connection

with such personal property shall be as herein provided. The city shall not be liable for not removing such personal

property. The city shall not be liable for any damage which may be done to such personal property in connection

with its removal and storage. No action or lack of action by the city shall relieve any owner or other person of

any liability or responsibility for creating a public or private nuisance or for moving such junk so as to eliminate

any such present and immediate danger or public nuisance.

(Code 1988, § 12-50)


ARTICLE III.

NOISE CONTROL


The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this

section unless the context clearly indicates otherwise. All terminology used herein and not defined shall be defined in

accordance with the American National Standards Institute publication S.1.1.-1960 as revised in 1971 published by the

American Standards Institute, 1930 Broadway, New York, NY 10018.

Alarm means any fire, burglary, motor vehicle or civil defense alarm, whistle or similar stationary emergency

signaling device.

A-weighted sound pressure level means the sound pressure level as measured with a sound level meter using the A-

weighted network. The standard notation is dB(A) or dBA.

Commercial area means an area as defined by the city zoning ordinance.

Construction means any site preparation, assembly, erection, substantial repair, alteration, demolition or similar

action, for or of public or private rights-of-way, structures, utilities or similar property.

Domestic Power Tool means any mechanically powered saw, sander, drill, grinder, generator, lawnmower, hedge

trimmer, edger, or any other similar tool or device (other than leaf blowers).

Emergency means any occurrence or set of circumstances involving actual or imminent physical trauma or property damage

demanding immediate attention.

Emergency vehicle means a motor vehicle belonging to a fire department or an ambulance, or a motor vehicle

belonging to a federal, state, county or municipal law enforcement agency; provided said vehicles are in use as an

emergency vehicle by one authorized to use the vehicle for that purpose.

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Emergency work means any work for the purpose of preventing or alleviating the physical trauma or property

damage threatened or caused by an emergency.

Industrial area means an area as defined by the city zoning ordinance.

Land use category means the classification of an area, such as residential, multifamily dwelling, commercial,

industrial, noise-sensitive area or public space, according to its use. Any area not otherwise classified shall be considered a

commercial area. In case of multiple use, the more restrictive use category shall apply.

Multifamily dwelling means a building or other shelter that has been divided into separate units to house more than

one family.

Noise-sensitive area means an area where a school, hospital, nursing home, church, court or public library is

located.

Person means any individual, association, partnership or corporation, and includes any officer, employee,

department, agency or instrumentality of the state or of the United States.

Powered model vehicle means any self-propelled airborne, waterborne, or landborne plane, vessel or

vehicle which is not designed to carry persons, including but not limited to any model airplane, boat, car or rocket.

Public right-of-way means any street, avenue, boulevard, highway, sidewalk, alley or similar place normally

accessible to the public which is owned or controlled by a governmental entity.

Public space means any real property or structures thereon owned by a governmental entity and normally

accessible to the public, including, but not limited to, parks and other public recreational areas.

Real property line means a line along the surface, and its vertical plane extension which separates the real property

owned, rented or leased by one person from that owned, rented or leased by another person, excluding intrabuilding real

property division.

Residential area means an area as defined in the city zoning ordinance.

Sound level means the A-weighted sound pressure level obtained by use of a sound level meter as specified in

American National Standards Institute specifications for sound level meters (ANSI SI. 4-1971, as amended).

(Code 1988, § 12-91; Ord. of 12-11-1989, § 1)

Sec. 38-87. Excessive noise prohibited.

No person shall make, continue or cause to be made or continued any loud, unnecessary or excessive noise which

unreasonably interferes with the comfort and repose of others within the jurisdiction of the city.

(Code 1988, § 12-92; Ord. of 12-11-1989, § 2)

Sec. 38-88. Maximum permissible sound levels.

(a) No person shall operate, suffer, allow or permit any source of sound from any location in such a manner as

to create a sound level which exceeds the limits set forth in Table 1 for the receiving land use category

more than ten percent of any measurement period, which period shall not be less than ten minutes. Sound

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levels in excess of those established for the land use districts of the city, in times herewith listed, shall

constitute prima facie evidence that such sound is excessive and unnecessary noise.

(b) For any source of sound, the sound level shall not exceed the maximum permissible sound level limit set

forth in Table 1 by 15 dB(A) for all land use categories.

(c) When a source of sound can be identified and its sound measured in more than one land use district, the

sound level limits of the most restrictive land use district shall apply.

Table 1

Land Use Category Time Sound Level Limit

(dB(A)) Residential, noise-

sensitive 7:01 a.m. – 9:00 p.m. 60

area or public space. 9:01 p.m. – 7:00 a.m. 55

Commercial. At all times 65

Industrial. At all times 75

(Code 1988, § 12-93; Ord. of 12-11-1989, § 3, Amd. of 4-10-06)

Sec. 38-89. Exemptions to sound limits.

The following are exempt from the sound level limits of Table 1;

(a) Domestic power tools, lawn mowers and agricultural equipment, when operated with a muffler, between

the hours of 7:00 a.m. and 7:00 p.m. on weekdays and 9:00 a.m. and 9:00 p.m. on weekends and holidays.

(b) Sound from public safety vehicles, emergency signaling devices, or authorized public safety personnel for

the purpose of alerting persons to the existence of an emergency;

(c) Any sound resulting from activities of a temporary duration, for which a special permit has been granted

pursuant to this article, and which conforms to the conditions and limits stated thereon.

(d) Unamplified bells, chimes or carillons while being used in conjunction with religious services.

(e) Sound from construction activity, except within 500 feet of a residential or noise sensitive area after 7:00

p.m. Sunday through Thursday; after 9:00 p.m. Friday, Saturday and the day prior to a holiday; before 7:00

a.m. Monday through Friday; and before 9:00 a.m Saturday, Sunday and holidays.

(f) Emergency construction activity.

(g) Sound from municipally sponsored or approved celebrations or events.

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(h) Excavation, demolition, or construction necessary to repair public facilities, infrastructure or utilities by or

on behalf of a municipality, county or state government.

(i) Sound from an exterior alarm of any building, provided such alarm shall terminate its operation within five

(5) minutes of its activation if the sound is uninterrupted or ten (10) minutes if intermittent;

(j) The generation of sound in situations within the jurisdiction of the Federal Occupational Safety and Health

Administration;

(k) Sound from any practice or performance sponsored by or associated with the educational process

administered by a recognized institution of learning, including, but not limited to band, choir, and

orchestral performances; and

(l) Sound from activities of an organized sports league.

(Code 1988, § 12-94; Ord. of 12-11-1989, § 4)

Sec. 38-90. Specific prohibitions.

In addition to the general prohibitions set out above, the following specific acts are declared to be in violation of

this article:

(1) Horns, signaling devices. The sounding of any horn or signaling device on any motor vehicle or any street

or public place in the city continuously and/or incessantly for a period in excess of 60 seconds, except as a

danger warning.

(2) Radios, televisions, musical instruments and similar devices.

a. The operating or playing of any radio, musical instrument or similar device which produces or

reproduces sound on the public rights-of-way in such a manner as to be plainly audible to any

person other than the operator of the device.

b. The operating or playing of any radio, television, phonograph, musical instrument or similar device

which produces or reproduces sound in a motor vehicle or public park in a manner as to be plainly

audible at a distance of 50 feet.

c. The operating or playing of any radio, television, phonograph, musical instrument or similar

device which produces or reproduces sound in such a manner as to exceed the levels set forth in

Table 1 for the land use category.

(3) Loudspeakers and sound amplifiers. The using or operation of any loudspeaker, loudspeaker system, sound

amplifier or other similar device between the hours of 7:00 p.m. and 7:00 a.m. on weekdays, and 9:00 p.m.

and 9:00 a.m. on weekends and holidays, within or adjacent to residential or noise-sensitive areas such that

the sound therefrom is plainly audible across the real property line of the source; provided, however, that this

shall not apply to any public performance, gathering or parade from which a permit has been obtained from

the city.

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(4) Animals. The owning, possessing or harboring of any animal which frequently, or for continued duration,

howls, barks, meows, squawks or makes other sounds which create excessive and unnecessary noise across

a residential or commercial real property line or within a noise-sensitive area. For the purpose of this

subsection, excessive and unnecessary noise shall mean an animal that makes such noise, bays, cries, howls

or makes any other noise continuously and or incessantly for a period of ten minutes, or intermittently for

one - half hour or more to the disturbance of any person at any time of day or night, regardless of whether

the animal is physically situated in or upon private property; provided, however, that a dog shall not be

deemed making an excessive and unnecessary noise if, at the time the dog is barking or making any other

noise, a person is trespassing or threatening to trespass upon property in or upon which the dog is situated.

(5) Powered model vehicles. The operating of, or permitting the operation of, powered model vehicles between

the hours of 7:00 p.m. and 7:00 a.m. on weekdays and 9:00 p.m. and 9:00 a.m. on weekends and holidays.

(6) The collection of trash or refuse within 100’ of a residential area is prohibited between the hours of 7:00

p.m. and 7:00 a.m.

(Code 1988, § 12-95; Ord. of 12-11-1989, § 5)

Sec. 38-91. Procedures for the determination of sound levels.

(a) Insofar as practicable, sound will be measured while the source under investigation is operating at normal,

routine conditions and, as necessary, at other conditions, including but not limited to, design, maximum and

fluctuating rates. All noise measurements shall be made at or within the property line of the impacted site,

unless otherwise directed in this article. When instrumentation cannot be placed at or within the property

line, the measurement shall be made as close thereto as is reasonable. For the purposes of this article, noise

measurements are measured on the A-weighted sound scale, as applicable, of a sound level meter of

standard design and quality having characteristics established by ANSI.

(b) Measurements shall be taken by code enforcement officers appropriately trained in the use of a sound level

meter.

Sec. 38.92. - Enforcement procedures; miscellaneous.

(a) Except as provided in subsection (b) of this section, the City may prosecute noise related violations by

issuance of a City ordinance citation, in which case, the penalty for a violation shall be as set forth in section

7.13 of the Code. In addition to issuing a fine as provided in section 7.13, or in lieu thereof, the municipal

court judge may issue an order requiring immediate abatement of any sound source alleged to be in violation

of this section.

(b) Whenever any City resident shall complain to the City that a dog which habitually barks, howls or yelps, or

a cat which habitually cries or howls, is being kept by any person in the City, a City code enforcement

officer, prior to the issuance of a citation, shall notify the owner of such dog or cat that a complaint has been

received. If the notice given to the owner alleged to be keeping a dog or a cat in violation of this article is

ineffective, then the City shall issue a formal warning to the owner of such dog or cat that the owner shall

take whatever steps necessary to alleviate the barking, howling, yelping or crying. If the warning given to

the owner is ineffective, a citation shall be issued to the owner of the dog or cat.

(c) No provision of this section shall be construed to impair any common law or statutory cause of action, or

legal remedy therefore, of any person for injury or damage arising from any violation of this section or from

other law.

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Any person who violates any provision of this article shall be guilty of a misdemeanor. (Code

1988, § 12-96; Ord. of 12-11-1989, § 6)

Sec. 38-94. Responsibility for enforcement of article.

The city manager or his designee shall have the responsibility for the enforcement of this article. (Code 1988, § 12-97; Ord.

of 12-11-1989, § 8)

Secs. 38-95.--38-150. Reserved.

Ord. Amended 9-14-15

ARTICLE IV.

TOURIST COURTS




County board of health means the county board of health established by the state health code (O.C.G.A. §

3 1-3-1) or its representative.

Department means the department of human resources of the state.

Dependent trailer means a trailer which is dependent upon a service building housing toilet facilities.

Health authority means the county board of health if functioning in the administration and enforcement of

O.C.G.A. ch. 3 1-28 and the rules, regulations and standards adopted thereunder; and if not so functioning, the

department.

Operator means the person who has the duty and responsibility of overall management of the tourist

court, or his representative.

Person means any individual, partnership, corporation and association, and may be extended and be

applied to bodies, politics and corporate.

Tourist court is hereby defined as any facility consisting of two or more rooms or dwelling units

providing lodging and other accommodations for tourist and travelers and includes tourist courts, tourist

cottages, tourist homes, trailer parks, trailer courts, motels, motor hotels, hotels and any similar place by

whatever name called and any food, beverage, laundry, recreational or other facilities or establishments

operated in conjunction therewith.

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Trailer means any house car, house trailer, trailer coach, mobile home or other similar unit so designed or

constructed as to permit occupancy for dwelling or sleeping purposes.

(Code 1988, § 18-91; Ord. of 8-13-1990, § 1)

Sec. 38-152. Permit.

(a) Any person operating a tourist court shall process and display prominently a valid permit issued

by the health authority on forms prepared by the department. The permit shall be framed.

(b) To be eligible for a permit, the tourist court shall be in satisfactory compliance with these rules

and regulations and the provisions at law which apply to the location, construction and

maintenance of tourist courts and the safety of persons therein.

(c) Application for a permit to operate such tourist courts shall be made in duplicate upon forms

provided by the department. Such forms shall be completed in all details and signed by the

applicant or his agent and submitted at least ten days before the scheduled opening. The original

shall be filed with the health authority.

(d) Upon receipt of an application for permit the health authority shall review the application and

shall take such action relative to approve or deny the permit as is provided in accordance with the

provisions of O.C.G.A. ch. 3 1-28 and these regulations.

(e) The permit, if granted, or a statement of reason, if denied, shall be forwarded to the tourist court

operator by the health authority.

(f) A permit shall not be transferable with respect to person or location.

(Code 1988, § 18-92; Ord. of 8-13-1990, § 2(1))

Sec. 38-153. Plan review.

When a tourist court is hereafter constructed or remodeled, or when an existing structure is converted for

use as such, properly prepared plans and specification for such construction, remodeling, or alteration, showing

layout, arrangement, and construction materials of work areas, and the locations, size and type and installation of

fixed equipment and facilities shall be submitted to the health authority for approval before such work is done.

(Code 1988, § 18-93; Ord. of 8-13-1990, § 2(2))


(a) All tourist courts shall be subject to inspection at reasonable hours, no less than twice annually,

and as often as is deemed necessary by the health authority to ensure adequate compliance with

the provisions of these rules. One of the two inspections shall be made prior to the onset of cold

weather.

(b) The operator may accompany the health authority representative on tours of inspection, shall be

given the opportunity to sign the completed inspection report and retain a copy for the tourist

court's file.

(c) The signature of the operator shall not mean his agreement with all of the findings recorded

thereon but shall mean his receipt of the report and the notification of alleged noncompliance

with the rules.

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(d) The report of inspections shall show compliance or noncompliance with this rule, the corrective

measures to be taken, and the date when it is anticipated such corrections are to be completed.

This report shall show the date of inspection and the signature of the person making the

inspection.

(e) The entire report shall be discussed at the time of inspection with the tourist court operator and

explained. When violations are found, corrective measures should be carefully explained.

(f) A re-inspection shall be made on or about the date set for the completion of the corrective

measures and the report processed as outlined in this rule.

(g) The health authority shall review all reports on re-inspection and on the basis of corrective

measures taken shall institute such action as is deemed proper in accordance with the provisions

of O.C.G.A. ch. 3 1-28 and these regulations.

(Code 1988, § 18-94; Ord. of 8-13-1990, § 3)


(a) The water supply shall comply with all federal, state and local laws and/or ordinances.

(b) Below grade stop and wastes cocks or hose bibs shall not be used.

(c) Hose used for filling trailer water tanks shall be stored under sanitary conditions, used for no

other purpose, and be so handled that back siphonage cannot occur, and that contaminants will

not be introduced into the trailer's water tank.

(d) Where water glasses and other multiuse utensils are used, they shall be cleaned and sanitized, in a

manner approved by the health authority, after each occupancy. Where approved sanitizing

methods are not provided, single service paper or plastic cups shall be made available in lieu of

glasses, and shall be used only once.

(e) Single service items, water glasses and other multiuse utensils, shall be protected from

contamination in a manner approved by the health authority.

(f) Drinking founts, shall be constructed of impervious material and shall have an angle-jet nozzle

above the overflow rim of the bowl. The nozzle shall be protected by a nonoxidizing guard and

the bowl shall be constructed of an easily cleanable material.

(g) Ice shall be from a source approved by the health authority, stored in a clean place and handled in

a sanitary manner. Scoops, buckets and other ice handling equipment shall be of easily cleanable

material and construction, shall be stored in a clean place and shall be kept clean.

(h) The water supply shall be adequately protected to preclude the possibility of back siphonage.

(Code 1988, § 18-95; Ord. of 8-13-1990, § 4)

Sec. 38-156. Toilet facilities.

(a) Toilet, lavatory bathing facilities shall be provided at all tourist courts except as provided in

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subsection (i) of this section. Such facilities shall be easily accessible, convenient and available to

patrons at all times.

(b) Bedrooms in permanent structures shall be provided with private or connecting baths except,

however, central toilet facilities may be used to serve existing multistoried tourist courts

provided toilet facilities are within the building, located on each floor and adequate to serve

the tourists therein.

(c) Toilet rooms and fixtures shall be kept clean and in good repair. Walls and ceilings shall be

finished in a light color and shall be kept clean and in good repair.

(d) Where ventilation ducts are used, ducts from toilet rooms shall not be connected into return

ventilation ducts to any other room. All guest rooms, public rooms, washrooms, bathrooms, toilet

rooms, halls and stairways and any other room used for general habitation or work shall be

ventilated in a manner that will maintain comfortable living conditions, remove objectionable

odors and fumes and prevent excessive condensation. Ventilation system shall be subject to

applicable state and local fire prevention requirements.

(e) Toilet rooms, lavatories and bathing facilities shall be provided with soap, artificial light, and hot

and cold water under pressure.

(f) Unused, individually wrapped soap shall be provided in guest rooms. Soap furnished in public

washrooms or baths shall be dispensed from approved containers in such a manner that

contamination of the contents by individuals contact is impossible.

(g) Individual towels shall be provided in guest rooms and shall have been laundered by a method

approved by the health authority since last used. If fabric bath mats are provided, they shall have

been laundered or cleaned since last used. Towels, whenever provided in the public wash rooms

or baths, shall be individual towels, and if cloth, shall have been laundered since last used.

(h) Toilet tissue shall be provided.

(i) Where dependent trailers are located, central toilet facilities shall be provided for each ten trailer

spaces, or fraction thereof, with not less than one commode, one lavatory, and one tub or shower

head for each sex. In addition, at least one urinal shall be provided in each central toilet

designated for men.

(j) Central toilets shall be plainly marked, separate for each sex, lighted at night and located within

200 feet of the dwelling units or trailer spaces served.

(Code 1988, § 18-96; Ord. of 8-13-1990, § 5)

Sec. 38-157. Sewers.

(a) Design and construction. Sewers shall be designed in accordance with recognized engineering

practices for the estimated sewage flow and shall be laid with watertight joints to a grade that will

ensure a self-cleaning velocity. Sewers shall be constructed of durable materials properly vented

and shall be installed at sufficient depth to withstand anticipated loads or other equally suitable

means for protection of the pipe shall be used.

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(b) Connections. Each trailer space shall be provided with a sewer connection not less than three

inches in diameter. Suitable fittings shall be provided at each sewer connection to permit a

watertight junction to be made with the trailer outlet. Each sewer connection shall be so

constructed that it can be closed and when not in use shall be capped to prevent escape of odors.

(Code 1988, § 18-97; Ord. of 8-13-1990, § 6)

Sec. 38-158. Sewage disposal.

(a) Connection shall be made to a public sewer whenever possible and feasible as determined by the

health authority.

(b) Where public sewers are not available, sewage disposal shall be provided to effectively dispose of

all water carried wastes in a sanitary manner. No sewage, waste water, or other liquid effluent

shall be discharged in such manner as to enter surface or subsurface water except following a

treatment process approved prior to construction in conformity with existing state and local laws.

Such sewage disposal systems shall be constructed and maintained in a manner to prevent the

creation of insanitary conditions. Existing private sewage disposal systems giving satisfactory

service as determined by the health authority may be approved by the authority.

(Code 1988, § 18-98; Ord. of 8-13-1990, § 7)

Sec. 38-159. Plumbing.

All plumbing in tourist courts shall comply with state and local laws, ordinances or regulations.

(Code 1988, § 18-99; Ord. of 8-13-1990, § 8)

Sec. 38-160. Refuse disposal.

(a) At least one health authority approved container for waste shall be provided for each dwelling

unit to be rented.

(b) Refuse shall be stored in health authority approved fly-tight, watertight, rodent-proof, containers

which shall be located within 100 feet of dwelling units or trailer spaces. Containers shall be

supported on racks or otherwise in such manner as to eliminate tipping or spillage and the area

around such containers shall be kept clean.

(c) Refuse shall be collected in accordance with municipal practices where available. Where such

services are not available, the tourist court operator shall dispose of the refuse in compliance

with all federal, state, local laws and or ordinances. Incinerators shall be operated only when

attended by a person specifically authorized by the operator of the tourist court.

(Code 1988, § 18-100; Ord. of 8-13-1990, § 9)

Sec. 38-161. Insect and rodent control.

(a) Effective measures, approved by the health authority, intended to eliminate the presence of

rodents and flies, roaches and other insects on the premises shall be utilized. The premises shall be

kept in such condition as to prevent the harborage or feeding of insects or rodents.

(b) Openings to the outside shall be effectively protected against the entrance of rodents and shall be

protected against the entrance of insects by tight-fitting, self-closing doors, closed windows,

379

screening, controlled air currents, or other means. Screen doors shall be self-closing and screens

for windows, doors, skylights, transoms and other openings to the outside shall be tight-fitting

and free of breaks. Screening materials shall not be less than 16 mesh to the inch.

(Code 1988, § 18-101; Ord. of 8-13-1990, § 10)

Sec. 38-162. Construction, layout and furnishings.

(a) Construction; maintenance. Floors, walls, ceilings, windows, doors and all other

appurtenances shall be of sound construction, properly maintained in good repair and shall be

kept clean.

(b) Ventilation. Ventilation shall be provided for all rooms. Where ventilation is provided by

means of windows, they shall open directly to the outside air and the openable window area of

each room shall be not less than 1/20 of the floor area served. Where ventilation is provided by

other means, it shall be at the rate of one complete change of air every 20 minutes.

(c) Lighting. All rooms shall be well lighted. When natural light fails to provided sufficient

illumination, evenly distributed artificial light shall be provided to maintain a lighting intensity of

not less than ten footcandles at 30 inches above floor levels.

(d) Furniture and accessories. Furniture, draperies, carpets and other accessories shall be

maintained in good repair and shall be kept clean.

(e) Mattress pads or covers shall be used on all mattresses. Beds, mattresses, springs, slats,

mattress pads, mattress covers, pillows and pillow covers shall be clean and free from vermin.

Each bed shall be provided, as a minimum, with two sheets and one pillow and pillowcase.

Sheets and pillowcases shall be changed daily with freshly laundered linens.

(Code 1988, § 18-102; Ord. of 8-13-1990, § 11)

Sec. 38-163. Heating.

(a) The construction and installation of the heating appliances shall be such that all of the flue gases

shall be carried to the outside of building through the flue outlet.

(b) Unvented combustion type heaters shall not be used.

(c) Gas water heaters shall not be installed in bathrooms and bedrooms or closets connected thereto.

(d) Each gas-fired heating unit shall be inspected at least annually by a qualified heating contractor

before its use at the onset of cool weather. Points to be inspected are proper construction and

installation, malfunctions and adjustments of controls and burners, faulty heat exchangers and

vent obstructions. Any defects found on inspection must be corrected by a qualified heating

contractor prior to use of the equipment. Upon request, the operator shall provide evidence of

inspection and/or correction of any deficiency.

(Code 1988, § 18-103; Ord. of 8-13-1990, § 12)

Sec. 38-164. Food service.

Food service facilities shall comply with provisions of title 26, ch. 3, art. 13 (O.C.G.A. § 26-3-370 et

380

seq.) and the rules and regulations and standards adopted thereunder.

(Code 1988, § 18-104; Ord. of 8-13-1990, § 13)

Sec. 38-165. Swimming pools.

Regulations of the city in which the tourist court is located shall be applicable in design, construction,

operation and maintenance of swimming pools operated in conjunction therewith and where no such regulations

exist, then the state standards shall prevail.

(Code 1988, § 18-105; Ord. of 8-13-1990, § 14)

Sec. 38-166. Laundry rooms.

Where laundry facilities are provided, they shall be separated from other facilities, of sound construction

and shall be kept clean and in good repair. Laundry rooms for transient guest use shall open to the exterior and

shall be well lighted and ventilated. Laundry equipment shall be provided with hot and cold water under pressure.

Dryers shall be vented to the outside.

(Code 1988, § 18-106; Ord. of 8-13-1990, § 15)

Sec. 38-167. Grounds.

(a) The grounds of a tourist court shall be graded to drain. Serviceable walks and driveways shall be

provided.

(b) Grounds shall be kept clean. Space beneath building and trailers shall be kept clean.

(c) There shall be not less than 15 feet clear space between trailers and building, not less than ten feet

between trailers and internal driveways within the trailer park.

(d) Each trailer space shall be distinctly marked. Trailer spaces shall shut on a well-defined all

weather driveway of not less than 20 feet of unobstructed width and such driveway shall have

clear access to a public thoroughfare.

(e) Grounded and weatherproof electrical outlets supplying at least 115 volts shall be provided at

each trailer space. All electrical work and materials shall comply with state and local laws,

ordinances or regulations. In the absence of such state and local laws, ordinances or regulations,

the provisions of appropriate sections of the "Southern Standard Building Code" as published by

the Southern Standard Building Codes Conference shall prevail.

(Code 1988, § 18-107; Ord. of 8-13-1990, § 16)


The administration and enforcement of these rules and regulations shall be as prescribed in the title 31, ch.

5 (O.C.G.A. § 3 1-5-1 et seq.).

(Code 1988, § 18-108; Ord. of 8-13-1990, § 17)

Secs. 38-169--38-190. Reserved.

Article V.

Vector Control

381




Business building means any structure, permanent or temporary, whether public or private, that is

adapted for occupancy, for transaction of business, for rendering professional service, for amusement, for the

display, sale or storage of goods, wares or merchandise or for the performance of work or labor, including

hotels, apartment buildings, rooming houses, office buildings, public buildings, stores, theaters, markets,

restaurants, grain elevators, abattoirs, warehouses, workshops, factories and all outhouses, sheds, barns and

other structures on premises used for business purposes.

Health authority means the local county health board.

Health officer means the authorized representative of the local county health board.

Nuisance means whatever is detrimental to human health or whatever renders or tends to render soil, air,

water, or food impure or unwholesome.

Occupant means the individual, partnership, or corporation that uses or occupies any buildings or a part

thereof, whether the actual owner or tenant. In the case of a vacant building or any portion of a building or

premises, the owner, agent, or other person having custody of the building or premises shall have the

responsibilities of an occupant of the building or premises.

Owner means the actual owner of a building whether an individual, partnership or corporation, who owns

or holds title to a building and includes also the agents for the building or other person having custody or

managerial control. In the case of business buildings leased or rented with a clause in the contract specifying that

the lessee or tenant is responsible for maintenance and repairs, the lessee or tenant will be considered the owner.

Person means any person, firm, corporation, municipality, association or society.

Rat control means any method as may be approved by the health authority to control the rat population.

Rat harborage means any condition under which rats may find shelter or protection, and shall include any

construction or condition which permits the entrance of rats into any business building. Any buildings through

the exterior walls, ground or first floors, basements, roofs, sidewalk gratings, sidewalk openings, foundations

and other places that may be reached and entered by rats by climbing, burrowing, or otherwise. The material to

be used for rat proofing shall include cement concrete, brick masonry laid in cement, concrete mortar, sheet

metal, and minimum eighteen (18) gauge wire cloth having a mesh not larger than one-half inch. All material

for rat proofing shall be of such strength and thickness as to be impervious to rat gnawing. Windows and other

openings for light or ventilation that may be reached or entered by rats shall be covered with wire cloth screen

incorporated into a metal frame conforming to the above gauge and dimensions. All exterior doors shall be

protected against the gnawing of rats by the use of materials prescribed above. When closed, all exterior doors

shall have a maximum clearance between doors, door sills and jambs not exceeding three-eighths of an inch.

Sec. 38-192. General provisions.

(a) Maintaining a nuisance. No person shall create, maintain, support, aid or continue a nuisance.

382

Nuisances included, but are not limited to the following:

(1) Conditions conducive to the breeding of flies or mosquitoes.

(2) Trash, garbage, refuse, or any foul, decaying, or putrescent material kept or used in

such a manner or place as to be or become offensive, objectionable or detrimental to

health or well being.

(3) Keeping of horses, mules, asses, cows, sheep, goats, hogs, dogs, rabbits, guinea pigs,

hamsters, chickens, turkeys, geese, ducks, pigeons or similar fowl or animals except

under the following conditions: any housing or enclosures used by such animals or fowl

shall be well drained, free from accumulations of animal excrement and objectionable

odors, and otherwise clean and sanitary. Animal excrement shall be disposed of in a

manner approved by the health authority.

(b) Buildings to be ratproofed. The owners of all business buildings shall have such buildings rat

proofed, and kept rat proofed in accordance with this article.

(c) Compliance with article. All business buildings hereafter erected, enlarged or repaired, shall be

rat proofed and kept rat proofed in accordance with this article.

(d) Elimination of rat harborage. Whenever conditions inside or under any such business buildings

or on any premises provide harborage for rats such that the health authority deems it necessary

that the harborage be eliminated, the owner shall take steps toward the elimination of the

harborage.

(e) Occupant requirements. The occupants in charge of any business building or premises shall at all

times comply with the following requirements:

(1) Store all garbage in a rat proof and insect proof metal container or a type approved by the

health authority, pending removal of such garbage.

(2) Keep such buildings and/or premises free of trash, debris, rubbish, salvage or similar

materials which provide nesting places and harborage for rats.

(3) Maintain such buildings and/or premises in a rat free conditions by pursuing a

program of rat control approved by the health authority.

(f) Owner and occupant requirements. Owners and occupants of any dwelling shall at all times

comply with the following requirements:

(1) Every owner of a dwelling containing two or more dwelling units shall maintain the

shared or public area of the dwelling and premises thereof in a clean and sanitary

condition.

(2) Every occupant of a dwelling or dwelling unit and those parts that she/he occupies and

controls shall be maintained in a condition not conducive to rat infestation.

383

(3) Every occupant of a dwelling or dwelling unit shall store and dispose of all rubbish in a

clean, sanitary and safe manner.

(4) Every occupant of a dwelling or dwelling unit shall store and dispose of all garbage,

refuse, and any other organic waste which might provide food for insects and/or rodents in

a clean, sanitary, safe manner. All garbage cans and refuse containers shall be rat proof,

insect proof, water tight, structurally strong to withstand handling stress, easily filled,

emptied and cleaned; shall be provided with tight-fitting covers or similar closures, and

shall be maintained at all times in a clean sanitary condition. Plastic bags may be used as

garbage and refuse container liners, but shall not be used without the container for on-site

storage of garbage or refuse. Other types of containers meeting the requirements of this

regulation may be specifically approved by the health authority.

(5) The total capacity of all provided garbage and/or refuse cans and bulk storage containers

shall be sufficient to meet the needs of the occupants of the dwelling.

(6) Every owner of a dwelling containing three or more dwelling units shall supply facilities

or refuse containers for the sanitary and safe storage and/or disposal of rubbish and

garbage. In the case of a single- or two-family dwelling it shall be the responsibility of

each occupant to furnish such facilities or refuse containers.

(7) Every owner of a dwelling containing a single dwelling unit shall be responsible for the

extermination of rats on the premises, and every occupant of a dwelling unit containing

more than one dwelling unit shall be responsible for such extermination whenever the

dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this

subsection, whenever infestation is caused by failure of the owner to maintain a dwelling

in a rat proof condition, extermination shall be the responsibility of the owner. Whenever

infestation exists in two or more dwelling units, extermination thereof shall be the

responsibility of the owner.

(8) No occupant of a dwelling or dwelling unit shall accumulate rubbish, boxes, lumber, scrap

metal, or any other materials in such a manner that may provide a rat harborage in or

about any dwelling or dwelling unit. Stored materials shall be stacked neatly at least 18

inches above the ground.

(9) No owner of a dwelling containing three or more dwelling units shall accumulate or

permit the accumulation of rubbish, boxes, lumber, scrap metal, or any other materials

in such a manner that may provide a rat harborage in or about the shared or public areas

of a dwelling or is premises. Materials stored by the owner shall be stacked neatly at

least 18 inches above the ground.

(10) No owner or occupant of a dwelling or dwelling unit shall store, place, or allow to

accumulate any materials which may serve as food for rats in a site accessible to rats.

(11) Every occupant of a dwelling unit shall keep all supplied fixtures and facilities therein in a

clean, sanitary and operable condition and shall be responsible for the proper use and

operation thereof.

384

(g) Removal of ratproofing. It shall be unlawful for the occupant, owner, contractor, public utility

company, plumber or other person to remove the rat proofing from any building for any purpose

and fail to restore same in satisfactory condition, or to make any new openings that are not closed

or sealed against the entrance of rats.


This article shall be enforced by the county board of health, as a duly adopted ordinance of the city. Any

person violating any provision in this regulation shall be guilty of violating a duly adopted ordinance of the city,

and upon conviction by a court of competent jurisdiction shall be punished either by a fine not to exceed $1,000.00,

or by confinement in the county jail for a total term not to exceed 60 days, or both. The court shall have the

power and authority to place any person found guilty of a violation of this regulation on probation and to suspend

or modify any fine or sentence. As a condition of such suspension, the court may require payment of restitution

or impose other punishment allowed by law.

Chapters 39--41

RESERVED

Chapter 42

LAW ENFORCEMENT*


powers, O.C.G.A. § 36-35-1 et seq.; authority to provide for police and fire protection, Ga. Const. art. IX, § II, ¶ III(a)(1).

Sec. 42-1. Provisions of county code which the county police department may enforce within the city.

(a) Provisions incorporated by reference. The members of the county police department are hereby

authorized to enforce within the corporate boundaries of the city the following provisions of the

Code of Ordinances, Gwinnett County, Georgia, which ordinances are incorporated herein by

reference:

(1) Chapter 10, Animals (sections 10-1 through 10-81).

(2) Chapter 18, Business.

a. Article 3, Pool Rooms (sections 18-81 through 18-88).

b. Article 5, Massage Parlors (sections 18-131 through 18-135).

c. Article 9, Canvasser or Solicitor (sections 18-23 1 through 18-239).

(3) Chapter 38, Emergency Services (sections 38-26 through 38-3 1).

(4) Chapter 42, Environment.

a. Article 2, Nuisances (section 42-26).

385

b. Article 3, Noise (sections 42-46 through 42-48).

(5) Chapter 74, Offenses (sections 74-1 through 74-6).

(6) Chapter 78, Parks and Recreation (sections 78-1 through 78-47).

(7) Chapter 90, Solid Waste (sections 90-2 through 90-30).

(b) Authority; terms and conditions. Members of the county police department are hereby authorized

to enforce the provisions of these ordinances of the county within the municipal boundaries of the

city under the same terms, conditions and restrictions as said ordinances may be enforced within

the unincorporated areas of the county, and to issue such citations as may be necessary to enforce

said ordinances.

(c) Jurisdiction. Jurisdiction to prosecute any citations issued by the members of the county police

department regarding violations of the above-referenced ordinances shall lie within the recorder's

court of the county and said court is hereby authorized to retain any fines assessed for violation

of said ordinances and to otherwise exercise the jurisdiction of said court within the municipal

boundaries of the city. The provisions of this section shall in no way affect or limit the

jurisdiction of the municipal court of the city, and to the extent any intergovernmental agreements

are necessary to provide for the proper enforcement of the provisions of this section, the city

manager is hereby authorized to enter into such intergovernmental agreements provided said

agreements do not require or commit the city to any financial expenditures.

(Ord. of 9-11-2000)

Chapters 43--45

RESERVED

Chapter 46

MUNICIPAL COURT*

* State Law References: Municipal courts, O.C.G.A. § 36-32-1 et seq.

Article I. In General Sec. 46-1. Session dates and times.

Sec. 46-2. Prosecutor; witnesses.

Sec. 46-3. Bailiff.

Sec. 46-4. Record of cases.

Sec. 46-5. Service of summons.

Sec. 46-6. Issuance, service of subpoenas.

Sec. 46-7. Failure to obey summons or subpoena.

Sec. 46-8. When bond required.

Sec. 46-9. Forfeiture of bond.

Sec. 46-10. Court costs.

Sec. 46-11. Collection of fines.



Article II. Indigent Defense Program

386

Sec. 46-46. Internal operating procedures of the county judicial circuit's indigent defense program adopted by reference.


Sec. 46-48. Panel of attorneys.

Sec. 46-49. Fees and expenses.

Sec. 46-50. Determination of right to appointed counsel.

Sec. 46-51. Appeal.

Sec. 46-52. Attorneys eligible for appointment.

Sec. 46-53. Chief judge to develop procedures, etc., to effectuate this article.

ARTICLE I.

IN GENERAL.

Sec. 46-1. Session dates and times.

Court shall be regularly held on the third Friday of every month and shall commence at 2:00 p.m. in the

City Hall Annex or other such location as the Municipal Court Judge shall designate. Additional court sessions

may be cancelled or rescheduled by the City Manager after consultation with the Municipal Court Judge.

(Code 1988, § 16-1; Ord. of 9-9-1991; Amd. of 5-2002, Amd. of 2-14-06); Amend. January, 2012.

Sec. 46-2. Prosecutor; witnesses.

The City Attorney may be the prosecutor to represent the City in connection with each trial or other

matter brought before the court at each session, and a Code Enforcement Officer shall be the primary prosecuting

witness, together with such additional witnesses as may be required by the city or prosecutor.

(Code 1988, § 16-2, Amd. of 2-14-06)

Sec. 46-3. Bailiff.

(a) The city manager or his designee, if directed by the council, shall serve as the bailiff of the

municipal court.

(b) The duties of the bailiff shall consist generally of seeing that the courtroom is in proper condition

for sessions of court, of assisting in keeping order while court is in session, and of doing such

other acts of assistance as may be required of him by the judge of the court and the city clerk.

(Code 1988, § 16-3)

Sec. 46-4. Record of cases.

A record of all cases heard in the municipal court for violation of this Code or other city ordinances shall be

kept in a suitable bound volume by the city clerk. Such record shall contain the name of the defendant, the nature

of the offense charged, the final disposition of the case and the date of final disposition. (Code 1988, § 16-4)

Sec. 46-5. Service of summons.

Any person charged with violating any city ordinance or any section of this Code shall receive notice by

citation or service of summons. Such notice may be issued by a Code Enforcement Officer, the City Clerk, the

City Manager, or other designated city personnel. The notice shall be directed to the accused and shall distinctly

state the offense charged, the time and place, as far as practicable, of the offense charged, and the date, hour and

place of trial, requiring the accused to appear before the Sugar Hill Municipal Court to answer the accusation

387

made. Notice shall be served upon the accused by certified mail, return receipt requested; personal service

verified by a signature; or by leaving a copy at the most notorious place of abode of the accused. However,

notice issued for violation of laws or ordinances relating to the parking, abandonment or junked automobile may

be directed to an unknown person as owner of the automobile designated in the notice and may be served upon

such person by leaving a copy in or attached to such automobile. (Code 1988, § 16-5, Amd. of 02-14-06)

Sec. 46-6. Issuance, service of subpoenas.

The City Clerk or the Clerk of the Sugar Hill Municipal Court shall issue subpoenas for the appearance of

all witnesses necessary for the prosecution or for the defense in any case pending before the Municipal Court.

All subpoenas shall be personally served or by leaving the subpoena at the most notorious place of abode of the

person being subpoenaed.

(Code 1988, § 16-6, Amd. of 2-14-06)

Sec. 46-7. Failure to obey summons or subpoena.

Any person who fails to appear at the time and place set out in any summons or subpoena served upon

such person shall be guilty of contempt of court and, upon conviction thereof, shall be punished for same.

(Code 1988, § 16-7)

Sec. 46-8. When bond required.

When any authorized law enforcement officer or the city marshal has arrested any person for violation of

any provision of this Code or any city ordinance and a trial cannot be had immediately, the officer may take a cash

bond not exceeding the maximum fine for the offense, or a bond with a good security, for the appearance of such

person before the judge of the municipal court. If such person fails or refuses to give a bond, the officer may cause

such person to be confined in the the county jail until a trial can be held, provided that the mayor or the municipal

judge, in the discretion of either, may release such person in such person's own recognizance without security.

(Code 1988, § 16-8)

Sec. 46-9. Forfeiture of bond.

Upon the failure of a person to appear in the municipal court at the time and place fixed by the summons,

the judge of said court shall enter a judgment of forfeiture on any cash bond, or, in the case of a security bond,

shall pass a rule requiring the principal and surety on such bond to show cause on the date named therein, which

date shall not be less than ten days from the passage of such ruling, why they should not be required to pay the

amount of said bond. If no sufficient cause is shown, the judge shall enter judgment against the principal and

surety for the amount of the forfeited bond and shall direct the city clerk to issue execution thereon.

(Code 1988, § 16-9)

Sec. 46-10. Surcharges and Court Costs.

(a) State surcharges. The municipal court shall impose all add on fees or surcharges required by

state, federal, or local law and said fees or surcharges shall be transmitted to the appropriate entity as required by

law.

(b) Interpreter fees. The municipal court shall be authorized to impose fees for providing an accused

388

with the services of an interpreter in accordance with the rules and regulations set forth by the Georgia Supreme

Court.

(c) Court costs. The municipal court shall impose a surcharge not to exceed sixty dollars ($60.00) to

any penalty imposed for a violation of city ordinances or codes to defray the costs of operation associated with

the prosecution of such offense. If the addition of the sixty dollar surcharge results in a total monetary penalty

exceeding that which is allowed by law, said surcharge shall be reduced to ensure compliance with all applicable

laws. The surcharge imposed by this subsection shall be paid into the city treasury.

Amend. April, 2010

Sec. 46-11. Collection of fines.

When directed by the judge of the municipal court, the city clerk shall issue executions for fines

imposed by said court, including the costs, which executions may be levied upon any goods or chattels, lands or

tenements of the person so fined.

(Code 1988, § 16-11)

Appeals from decisions of the municipal court shall be taken to the superior court of the county in the

manner provided for appeals from the court of probate.

(Code 1988, § 16-12) State Law References: Similar provisions, O.C.G.A. § 15-6-8.


Appeals from decisions of the Sugar Hill Municipal Court shall be taken by writ of certiorari to the

Superior Court of Gwinnett County, Georgia.

(Amd. of 2-14-06)


ARTICLE II.

INDIGENT DEFENSE PROGRAM*

* Editors Note: Exhibit A, referred to in this article is not set out herein but can be found on file in the city

clerk's office.

Sec. 46-46. Internal operating procedures of the county judicial circuit's indigent defense program adopted

by reference.

The internal operating procedures of the Gwinnett Judicial Circuit's Indigent Defense Program as

accepted by the Gwinnett County Indigent Defense Committee on January 30, 2002, and as ordered by the

Superior Court of Gwinnett County on January 30, 2002, the State Court of Gwinnett County on February 7,

2002, the Magistrate Court of Gwinnett County on February 17, 2002, the Gwinnett Circuit Juvenile Court on

February 7, 2002, and the Recorder's Court of Gwinnett County on February 7, 2002, a copy of which is hereby set

forth as exhibit A is hereby adopted as the official policy of the city as modified herein.

(Amd. of 1-2003, § 2-200)

389


All references to the county or any office of the county including, but not limited to, the administrative

office of the courts, in exhibit A shall be considered to be references to the City of Sugar Hill. All references to the

"committee" or "governing committee" in exhibit A with respect to the selection of panel attorneys for the

municipal court of the city and the processing and consideration of invoices from attorneys shall be considered to

be references to the municipal court of the city.

(Amd. of 1-2003, § 2-201)

Sec. 46-48. Panel of attorneys.

The panel of attorneys from which appointments may be made by the municipal court of the city may be

compiled by periodically soliciting attorneys who are on the panel of qualified attorneys created by the Gwinnett

County Indigent Defense Governing Committee. The city panel of attorneys need not be categorized as in part X

of exhibit A. Any attorney on the county's panel of attorneys who is involuntarily removed for cause pursuant to

section 10.4(B) of exhibit A hereto shall be ineligible for appointment by the municipal court of the city. Any other

qualified attorney not appearing on the county's panel of qualified attorneys may request his or her inclusion on

the city panel and may be included on the city panel if found to be qualified by the chief municipal court judge.

Any attorney accepting an appointment by the municipal court of the city shall be required to comply with the

guidelines and standards applicable to panel attorneys and other appointed counsel set forth in exhibit A, as

modified.

(Amd. of 1-2003, § 2-203)

Sec. 46-49. Fees and expenses.

Any fee or expense invoice submitted by appointed counsel shall be submitted to the municipal court

clerk and shall be reviewed by the city municipal court judge who made the appointment or the chief judge,

whose decision regarding city panel attorneys, payment of fees, expenses, and costs shall be final and may not be

appealed except as may be provided by law.

(Amd. of 1-2003, § 2-204)

Sec. 46-50. Determination of right to appointed counsel.

To the extent that exhibit A assumes a standard for determining an indigent defendant's right to appointed

counsel inconsistent with the holding of Alabama v. Shelton, it shall be the policy of the city to apply the standards

of Alabama v. Shelton.

(Amd. of 1-2003, § 2-205)

Sec. 46-51. Appeal.

The term "appeal" as used in section 8.2 and section 3 of exhibit A shall be construed to include a

petition for certiorari to be filed in the superior court of the county after a conviction in the municipal court of

the city. However, unless otherwise ordered by the municipal court, any appointment of counsel by the

municipal court of the city shall terminate upon the entry of an order binding the case over to a court of record

prior to any adjudication of the merits of the case by the municipal court.

(Amd. of 1-2003, § 2-206)

Sec. 46-52. Attorneys eligible for appointment

390

The municipal court clerk shall maintain a list of attorneys deemed eligible for appointment by the chief

municipal court judge. The municipal court clerk shall provide a form for requesting appointed counsel to any

defendant in a case pending in the municipal court and shall forward any such form or other request for appointed

counsel to the chief judge of the municipal court. If no such forms have been developed or are not available at the

time a request for appointed counsel is made, the clerk shall notify the chief judge of such request.

(Amd. of 1-2003, § 2-207)

Sec. 46-53. Chief judge to develop procedures, etc., to effectuate this article.

The chief judge of the municipal court of the city may develop internal operating procedures and forms and

other documents as may be necessary to effectuate this article.

(Amd. of 1-2003, § 2-208)

Chapters 47--49

RESERVED

Chapter 50

NUISANCES*


powers, O.C.G.A. § 36-35-1 et seq.; nuisances, O.C.G.A. § 41-1-1 et seq.

Sec. 50-1. Nuisances declared.

Sec. 50-2. Complaint of nuisance; hearing.

Sec. 50-3. Abatement by city.

Sec. 50-4. Nuisance per se, exception; summary abatement.

Sec. 50-5. Offense; penalty.

Sec. 50-1. Nuisances declared.

The following conditions may be declared to be nuisances:

(1) Stagnant water on premises;

(2) Any dead or decaying matter, weeds or vegetation over 12 inches in height, any fruit, vegetable,

animal or rodent, upon premises which is odorous or capable of causing disease or annoyance to

the inhabitants of the city;

(3) The generation of smoke or fumes in sufficient amount to cause odor or annoyance to the

inhabitants of the city;

(4) The pollution of public water;

(5) Maintaining a dangerous or diseased animal or fowl;

(6) Obstruction of a public street, highway or sidewalk without a permit;

391

(7) Loud or unusual noises which are detrimental or annoying to the public, including without

limitation, unusual loud disturbances in or around churches or multiple - family complexes such as

loud music and other activities in swimming pool and clubhouse area;

(8) All walls, trees and buildings that may endanger persons or property;

(9) Any business or building where illegal activities are habitually and commonly conducted in such a

manner as to reasonably suggest that the owner or operator of the business or building was aware

of the illegal activities and failed to reasonably attempt to prevent those activities;

(10) Unused iceboxes, refrigerators and the like unless the doors, latches or locks thereof are

removed;

(11) Any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe vision on

roadways and intersections of the city; and

(12) The outdoor storage of inoperative vehicles, machinery, equipment, used building materials, trash,

solid waste, appliances and similar items and materials in any location other than a lawfully

approved junk yard, landfill or other commercial enterprises requiring the short-term storage of

items being repaired; and

(13) Any other condition constituting a nuisance under state law.

(Code 1988, § 17-1; Ord. of 11-9-1992, § 1); Amend. January,

2011.

Sec. 50-2. Complaint of nuisance; hearing.

Any official or inhabitant of the city may direct a complaint of nuisance to the city marshal, city building

inspector or city manager, who shall investigate or cause the complaint to be investigated, and may place the

complaint on the municipal court docket for a hearing upon the basis of the investigation. The court, after a

summons to the party involved, shall hold a hearing thereon and, upon finding that a nuisance does exist, shall issue

an order to the owner, agent in control, or tenant in possession, stating that a nuisance has been found to exist and

that the nuisance must be abated within so many hours or days as the judge shall deem reasonable, having

consideration for the nature of the nuisance and its effect on the public.

(Code 1988, § 17-3; Ord. of 11-9-1992, § 3)

Sec. 50-3. Abatement by city.

(a) In any case where the owner, agent or tenant fails to abate the nuisance in the time specified, or

where the owner, agent or tenant cannot be served with notice, or where the nature of the

nuisance is such, in the opinion of the judge, that it must be immediately abated, the judge may

issue an order to the city manager directing the nuisance to be abated. The city manager, in such

case, shall keep record of the expenses and cost of abating same, and the costs shall be billed

against the owner, agent or tenant for collection as city revenues.

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(b) Other city employees shall assist the city manager as directed or as necessary in abating

nuisances hereunder.

(Code 1988, § 17-4; Ord. of 11-9-1992, § 4)

Sec. 50-4. Nuisance per se, exception; summary abatement.

Nothing contained in this chapter shall prevent the mayor from summarily and without notice ordering the

abatement of or abating any nuisance that is a nuisance per se in the law or where the case is an urgent one and the

health and safety of the public or a portion thereof is in imminent danger.

(Code 1988, § 17-5; Ord. of 11-9-1992, § 5)

Sec. 50-5. Offense; penalty.

(a) It is hereby declared to be an offense for any owner, agent or tenant to maintain or allow a

nuisance to exist. Each day a nuisance is continued shall constitute a separate offense.

(b) Persons convicted of maintaining a nuisance shall be subject to a fine of not less than $25.00 and

not more than $500.00.

(Code 1988, § 17-6; Ord. of 11-9-1992, § 6)

Sec. 50-6. Graffiti.

It shall be unlawful for any person having a legal or equitable interest in a parcel of real property to permit

graffiti to remain on a structure located thereon for a continuous period of more than 72 hours. For purposes of

this section, the term “graffiti” shall have the same meaning as set forth in O.C.G.A. § 17-15A-2.

In the event that a court of competent jurisdiction determines that a person has violated the provisions of

this section, the court may, on its own motion or at the request of the city, issue an order directing the city to

remove the graffiti from the property on such terms as the court deems appropriate. The court may also specify

that the property owner may be liable for the cost incurred in the removal of the graffiti.

Chapters 51--53

RESERVED

Chapter 54

OFFENSES AND MISCELLANEOUS PROVISIONS

Sec. 54-1. Disorderly conduct.

Sec. 54-2. Discharging firearms, air guns, etc.

Sec. 54-3. Throwing of missiles.

Sec. 54-4. Adoption by reference of county offenses regulations.

Sec. 54-1. Disorderly conduct.

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(a) Purpose of section. The purpose of this section is to preserve the peace and tranquility when it is

endangered by the irresponsible actions of a person or persons.

(b) Definitions. The terms "alcoholic beverage" and "retail consumption dealer" shall have the same

meaning as found in chapter 6 of this Code. Other terms shall have the same meaning as found in

the Official Code of Georgia Annotated (O.C.G.A. §§ 16-1-3, 16-6-2, 16-6-9). For the purposes of

this section only, "public place" shall include the jails, penal and correctional institutes of this

county.

(c) Prohibited acts.

(1) No person, including the patron of a business, shall possess and give the appearance of

consuming any type of alcoholic beverage on the premises of a business that is not

licensed as a retail consumption dealer. This prohibition extends to shopping center

parking lots, fast food establishments and any other places of business.

(2) No person shall engage in any noisy, boisterous or unruly conduct that disturbs or

infringes upon the peace of another, particularly at an hour or time which is not common

for such activity.

(3) No person shall jostle, roughly crowd or push any person in a public place.

(4) No person or persons shall willfully refuse the request or command of a duly

authorized law enforcement officer to summon help or assistance, via telephone or

police radio or whatever means of communication may be readily available where such

refusal could result in injury to any person or damage to any property.

(5) No person shall intentionally interfere with another's lawful attempt to summon police

assistance through the use of telephone, radio, or other communication device.

(6) No person shall intentionally urinate or defecate while in a public place other than a

public restroom.

(7) No person shall be and appear in an intoxicated condition in any public place or within

the curtilage of any private residence not his own other than by invitation of the owner

or lawful occupant, which condition is made manifest by boisterousness, by indecent

condition or act, or by vulgar, profane, loud or unbecoming language.

(8) No person shall recklessly or knowingly commit any act which may reasonably be

expected to prevent or disrupt a lawful meeting, gathering, or procession.

(9) No person shall act in a violent or tumultuous manner toward another person

whereby such person is placed in reasonable fear of the safety of such person's life,

limb or health.

(10) No person shall act in a violent or tumultuous manner toward another person

whereby the property of such person is placed in danger of being damaged or

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destroyed.

(11) No person shall, without provocation, use to or of another person in such other person's

presence, opprobrious or abusive words which by their very utterance tend to incite an

immediate breach of the peace, that is to say, words which as a matter of common

knowledge and under ordinary circumstances will, when used to or of another person in

such other person's presence, naturally tend to provoke violent resentment, that is, words

commonly called fighting words.

(12) No person shall, without provocation, use obscene and vulgar or profane language in the

presence of or by telephone to a person under the age of 14 years which threatens an

immediate breach of the peace.

(13) No person shall commit any of the following acts in a public place:

a. An act or a simulated act of sexual intercourse or sodomy;

b. A lewd exposure or indecent fondling of the sexual organs;

c. A lewd caress or indecent fondling of the body of another person; or

d. A lewd appearance in a state of partial or complete nudity.

(14) No person shall enter or remain upon the private recreational facilities of another, without

the consent of the owner, or such person authorized to give such consent, for the purpose

of utilizing such recreational facilities which are normally reserved for the residents or

employees of any residential neighborhood, apartment complex, business or association.

(15) No person shall without authority cross any type of barrier or barrier tape erected by any

police, fire or other public official for the purpose of excluding the public from the scene

of any incident or emergency.

(16) No person shall refuse to disperse when requested to do so by a law enforcement officer

at the scene of any incident, emergency or other occurrence where the public safety and

order are threatened.

Any singular or combined presence of the acts enumerated in this subsection may constitute a violation of this

section.

(d) Authority for incorporating state code sections. Authority for incorporating certain sections from

the Official Code of Georgia Annotated is contained in the criminal code which specifically

authorizes municipalities to implement ordinances that proscribe the described conduct. State Law References: Disorderly conduct, O.C.G.A. § 16-1 1-39.

Sec. 54-2. Discharging firearms, air guns, etc.

(a) It shall be unlawful for any person in the city to discharge any gun, pistol or other firearm within

300 feet of any street, alley or building, or at any point upon the land of any other person without

the express consent of the owner or occupant thereof; or to discharge, at any time, any air gun,

395

BB gun or toy gun which projects lead or any other missile.

(b) This section shall not be construed to prohibit any officer of the law from discharging a firearm

in the performance of his duty; nor to any citizen from discharging a firearm when lawfully

defending persons or property.

(Code 1988, § 14-3)

Sec. 54-3. Throwing of missiles.

It shall be unlawful for any person in the city to throw any stone, rock or other missile upon or at any

vehicle, building, tree or other public or private property, or upon or at any person in any public or private way or

place.

(Code 1988, § 14-4)

Sec. 54-4. Adoption by reference of county offenses regulations.

Chapter 74, offenses, of the Code of Ordinances, Gwinnett County, Georgia, as it existed on the adoption

date of this Code, is hereby adopted by reference and made a part of this Code with the same force and effect as

if fully set forth herein.

RESERVED

Chapter 56

MOBILE HOMES, MOBILE HOME PARKS, SUBDIVISIONS AND TRAILER PARKS*

* Cross References: Buildings and building regulations, Ch. 5; solid waste management, § 11-21 et seq.; parks and recreation,

Ch. 19; planning and development, generally, Ch. 20; soil erosion and sedimentation control, § 20-21 et seq.; utilities, Ch. 25; zoning, App. A.


Sec. 56-1. Purpose and intent.

Sec. 56-2. Title.

Sec. 56-3. Interpretation, construction of terms or words.


Sec. 56-5. Applicability of chapter provisions.

Sec. 56-6. Permitted locations.

Sec. 56-7. Discontinuance of nonconforming uses.


Sec. 56-9. Violation; penalties.

Sec. 56-10. Conflict with other provisions.


Article II. Licenses and Permits

Sec. 56-39. Mobile home park and trailer park licenses.

Sec. 56-40. Construction permits.

Sec. 56-41. Individual permits.


Article III. Plans and Specifications

Sec. 56-71. Area and space requirements.

Sec. 56-72. Mobile home lots.

Sec. 56-73. Trailer and camper spaces.

Sec. 56-74. Roads and streets.

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Sec. 56-75. Automobile parking.

Sec. 56-76. Additional minimum facilities--For mobile home parks and subdivisions. Sec. 56-77. Same --For trailer parks.

ARTICLE I.

IN GENERAL


In pursuance of the authority conferred by the state and in order to provide for the placement of mobile

homes, trailers and campers in an environment that will provide pleasant and satisfactory living conditions; to

provide no adverse effects on neighboring properties; the city council does ordain and enact into law the

following articles and sections.

(Code 1988, 15-1; Ord. of 7-28-1986, Art. I)

Sec. 56-2. Title.

This chapter shall be known and may be cited as "The Mobile Home Ordinance of the City of Sugar

Hill, Georgia."

(Code 1988, 15-2; Ord. of 7-28-1986, Art. II)

Sec. 56-3. Interpretation, construction of terms or words.

Except as specifically defined herein, all words used in this chapter have their customary dictionary

definitions.

Words used in the singular include the plural and words used in the plural include the singular.

Words used in the present tense include the future tense.

The word "lot" includes the word "plot" or "parcel."

The word "map" or "zoning map" means the zoning map of the City of Sugar Hill, Georgia.

The word "person" includes the words "individuals," "firms," "trusts," "partnerships," "corporations,"

"associations" and "governmental bodies."

The word "shall" is always mandatory and never discretionary.

The word "used" or "occupied" shall be construed to include the words "intended, arranged or

designated to be used or occupied."

(Ord. of 7-28-1986, Art. III, § 3.01)


For the purposes of this chapter, the following words or terms shall have the meanings respectively

ascribed:

Camper means any self-propelled vehicle designed and constructed so as to permit occupancy thereof as a

temporary dwelling unit or sleeping place.

397

City means the City of Sugar Hill, Gwinnett County, Georgia.

Lot means a developed or undeveloped tract of land in one (1) ownership, legally transferable as a single

unit of land.

Lot depth means the horizontal distance between the front and rear lot lines, measured generally

perpendicular to the front lot line.

Lot, through means a lot having frontage on two (2) streets that are approximately parallel.

Lot width means the horizontal distance between the sidelines of a lot measured at the front building

line.

Mobile home means a structure designed as a moveable dwelling; built upon its own permanent chassis;

transported on its own chassis (normally by towing) in one (1) or more sections; occupiable with or without a

foundation; and containing within all the normal utility systems (plumbing, electrical, heating, and cooling).

Mobile homes constructed after June 15, 1976, shall be certified to comply with the State of Georgia Department

of Community Affairs and the U.S. Government Manufactured Home Construction and Safety Standards. All

mobile home units constructed prior to June 15, 1976, shall comply with the specifications prescribed by the

American National Standards Institute.

(1) Single-wide mobile home: A mobile home constructed and transported as a single unit.

(2) Double-wide mobile home: A mobile home constructed and transported in more than one (1)

unit, and which must be joined at the site of placement into a single whole.

Mobile home lot means a parcel of land for the exclusive use of the occupants of a single mobile home.

Mobile home park means a parcel of land that has been planned and improved for the placement of four (4)

or more mobile homes for permanent or semi-permanent use. Pads within a mobile home park remain the

property of the park owner and are rented to tenants. A mobile home park does not include the provision of

space for storage, inspection or sale of unoccupied mobile homes.

Mobile home space means a plot of ground within a mobile home park designated for the

accommodation of not more than one (1) mobile home of single- family occupancy.

Mobile home subdivision means a tract of land planned and improved for the placement of four (4) or

more mobile homes for permanent use on individually owned private lots.

Modular homes means a factory- fabricated transportable building consisting of units designed to be

incorporated at a building site on a permanent foundation into a structure.

Nonconforming use means any building or land lawfully occupied at the time of passage or amendment

of this chapter which does not conform, after the passage or amendment of this chapter, with these regulations.

Owner means any person who is authorized to operate and maintain a mobile home, mobile home park,

mobile home subdivision or trailer park, under the provisions of these regulations.

Parking space or of-street parking space consists of space adequate for parking a vehicle with room for

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opening doors on both sides, maneuvering room, and an access to a public street.

Service building means a building housing office, laundry, restroom, maintenance and similar facilities

intended for use by residents of the mobile home park or trailer park only.

Street means a public way for vehicular traffic which affords the principal means of access to abutting

property.

(1) Major street: A main thoroughfare designed and used for high traffic volumes, and designated as

such on the zoning map of the city.

(2) Collector street: A street designed and used primarily for low traffic volumes and access to

individual lots, and designated as such on the zoning map of the city.

Structure means anything constructed or erected on the ground or attached to something on the ground.

Trailer means a vehicle, including a motor home, designed and/or maintained for use as a temporary

dwelling or sleeping place, for travel or recreational purposes, having no foundation other than wheels or jacks.

Trailer park means a parcel of land which is used solely for the rental or lease of lots for transient

campers, trailers, motor homes, or temporary parking of any other recreational vehicle.

Yard means an open space on a lot situated between the principal mobile home, building, or use on the lot

and a lot line, and unoccupied by any structure except as otherwise provided herein.

Yard, front, means an open, unoccupied space on the same lot with a principal mobile home, building or

use, extending the full width of the lot and located between the nearest street right-of-way line and the front line of

the mobile home or building, projected to the side lines of the lot.

Yard, rear, means an open, unoccupied space on the same lot with a principal mobile home, building or

use, unoccupied except by an accessory building or use, extending the full width of the lot and located between the

rear line of the lot and the rear line of the mobile home or building, projected to the side lines of the lot.

Yard, side, means an open, unoccupied space on the same lot with a principal mobile home, building or

use, located between the mobile home or building and the side line of the lot and extending from the rear line of the

front yard to the front line of the rear yard.

(Code 1988, 15-4; Ord. of 7-28-1986, Art. III, § 302)

Sec. 56-5. Applicability of chapter provisions.

The provisions of this chapter shall govern the operation of all mobile home parks, mobile home

subdivisions and trailer parks within the corporate limits of the City of Sugar Hill, Georgia, hereinafter referred to

as "the city," as now or hereafter may be established. No mobile home, trailer or camper shall be used or

occupied except in conformity with the regulations of this chapter.

(Code 1988, 15-5; Ord. of 7-28-1986, Art. IV, § 401)

Sec. 56-6. Permitted locations.

399

(a) Mobile home parks, mobile home subdivisions and trailer parks will be permitted only in areas

designated "Mobile Home Park and Mobile Home Subdivision District (MH)" on the zoning

map.

(b) The parking of a mobile home in any district other than MH shall be prohibited; provided,

however, that:

(1) This chapter shall not prevent the storage of mobile homes on commercial sales lots for

mobile homes when the same are unoccupied and are not used for any purpose other than

inspection and display. The sales office for such a mobile home sales lot may be located in

a mobile home.

(2) Construction trailers and mobile homes used as offices may be placed on construction

sites while construction is in progress, however, the same shall not be used for living

quarters. When not in active use, construction trailers may be stored at the contractor's

commercial base of operations.

(c) The parking or storage of not more than two (2) travel trailers or campers will be permitted in the

side yard or rear yard of any residential lot, however the travel trailer or camper shall not be used

for living, sleeping or commercial or utility purposes while the same is so parked or stored.

Mobile homes may not be parked or stored except in approved mobile home parks, mobile home

subdivisions or commercial sales lots. (Code 1988, 15-6; Ord. of 7-28-1986, Art. IV, § 402) C r o s s R e f e re n c e s : Zo n i n g , Ap p . A.

Sec. 56-7. Discontinuance of nonconforming uses.

The lawful use of any mobile home or land existing on July 28, 1986, may be continued, even though

such use does not conform with the provisions of this chapter. In the event the use of any nonconforming mobile

home is discontinued for a period of one (1) year or more, the same may not be continued as a nonconforming

use or moved to any other nonconforming site. A nonconforming mobile home may be replaced with another

nonconforming unit and such replacement unit may contain more floor space than the original unit

but not less floor space than the original unit.

(Code 1988, 15-7; Ord. of 7-28-1986, Art. V, § 504)


The city manager of Sugar Hill and the Gwinnett County Board of Health shall be among the officials

charged with enforcing this chapter.

(Code 1988, 15-8; Ord. of 7-28-1986, Art. VII, § 701)

Sec. 56-9. Violation; penalties.

(a) Any person, firm or corporation who violates any provision of this chapter shall, upon conviction

thereof, be subject to fine or imprisonment, or both, as provided by the law. Any structure, use or

improvement established contrary to the provisions of this chapter is hereby declared to be a

nuisance and may be abated, enjoined or otherwise regulated by all existing laws and regulations

of the city. Upon violation of any of the provisions of this chapter, any license granted by the

mobile home subdivision, trailer park, or for the occupancy of a mobile home may, at the option

of the mayor and council of the city, be revoked or suspended. In providing for penalties under

400

the law, each day that a violation occurs shall constitute a separate offense.

(b) Any person who furnishes water, gas or electricity to a mobile home located in the city for which

no registration permit has been issued shall be guilty of a misdemeanor.

(Code 1988, 15-9; Ord. of 6-28-1986, Art. VII, § 702)

Charter References: Power of city to define a nuisance and provide for its abatement, whether on public or private property, §

1.12(28).

Sec. 56-10. Conflict with other provisions.

Whenever the regulations of this chapter require or impose more restrictive standards than are required in

or under any other statute or covenants, the requirements of this chapter shall govern. Whenever the provisions

of any other statute or covenant require more restrictive standards than are required by this chapter, the provisions

of such statutes or covenants shall govern.

(Code 1988, 15-10; Ord. of 6-28-1986, Art. VIII, § 801)


ARTICLE II.

LICENSES AND PERMITS* * Cross References: Occupational licenses and business regulations, Ch. 18.

Sec. 56-39. Mobile home park and trailer park licenses.

(a) Required; application; fee. It shall be unlawful for any person to construct, enlarge, maintain or

operate or to permit to be established, operated or maintained upon any property owned or

controlled by him, a mobile home park or trailer park within the city unless such a person shall

first obtain a valid written business license therefore from the city. The application for a business

license or the renewal thereof shall be filed, with the city clerk and shall be accompanied by a

fee of twelve dollars ($12.00) per lot in the park.

(b) Conformity with chapter; nonconforming uses; variances. Business licenses may not be issued

until the proposed establishment conforms to the requirements set forth in these regulations,

except that the maintenance of a park that is in existence on July 28, 1986, may be continued as a

nonconforming use for a period of three (3) years. Beginning three (3) years after the July 28,

1986, full compliance with these regulations will be required of all parks, except that minimum

lot sizes and minimum spacing requirements will not be imposed in cases where noncompliance

existed at the time of adoption of the chapter. The mayor and council may, upon the

recommendation of the planning commission, grant a permanent variance in cases where

continued noncompliance by a park which existed on July 28, 1986, is demonstrated to beyond

the control of the park owner. The license to operate shall expire one (1) year from its date of

issuance but may be renewed for additional periods of one (1) year each.

(c) Notice to owners. The city clerk shall notify each existing park and subdivision owners in writing

of the adoption of this chapter and its requirements. This notice shall be sent by certified mail no

later than five (5) days after July 28, 1986. A proposed plan for compliance with this chapter and

timetable for completion of necessary improvements must be submitted by the park owner to the

planning commission within six (6) months after the mailing of notice by the city clerk.

(Code 1988, 15-21; Ord. of 7-28-1986, Art. V, § 501)

401

Sec. 56-40. Construction permits.

(a) Application; term. Application for permits to construct or enlarge a mobile home park, mobile

home subdivision or trailer park shall be made in triplicate upon forms provided by the city

clerk. Such forms shall be completed in all details by the applicant, signed by him in his name in

his own behalf or as authorized agent for the owner, as the case may be. One (1) approved copy

shall be returned to the applicant for his own file and one (1) copy shall be filed with the city

clerk. Permits shall be void after six (6) months from their date of issuance unless construction of

the proposed facility has begun. Construction of the minimum facilities required by this chapter

and shown on the approved plat for any one (1) of development must be completed prior to

occupancy of any portion of that specific phase.

(b) Information required. Accompanying the application for a permit to construct and/or operate a

mobile home park, mobile home subdivision or trailer park shall be three (3) copies of a plan

prepared by a registered engineer or surveyor showing the following information:

(1) All property lines with dimensions, lot numbers and block numbers.

(2) Adjoining street with right-of-way and paving widths, and distance to nearest

intersection.

(3) Location of buildings and other structures referenced to the centerline of adjoining

streets and to the property lines of the tract.

(4) Entrances and exits, streets and street names, right-of-way lines and off-street parking

areas.

(5) North arrow, district number and land lot, date, name of owner, scale and date of plat.

(6) Driveways, walkways and mobile home or camper sites.

(7) Location and size of all utility lines, existing and proposed.

(8) Location of outdoor lighting.

(9) Location of creeks, ponds and storm drainage facilities.

(10) Existing topography and proposed final topography in the form of a site place having a

minimum scale of one (1) inch equals two hundred (200) feet and a maximum contour

interval of five (5) feet.

(11) Recreational areas with description of type and quantity of facilities to be provided.

(12) Names of all adjoining subdivisions and names of recorded owners of adjoining land.

(13) Any additional information specifically requested by the city manager.

402

(Code 1988, 15-22; Ord. of 1-28-1986, Art. V, § 502)

Sec. 56-41. Individual permits.

Before any mobile home is parked, placed or temporarily or permanently located within the corporate

limits of the city, the owner, tenant, lessee or any other individual, partnership or corporation owning or

occupying same shall notify the city clerk that the mobile home is to be moved into the city and shall pay the sum

of ten dollars ($10.00) to the city for the purpose of registering the unit. Prior to the issuance of the registration,

the owner, tenant, leasee or occupier shall state in writing the proposed location of such mobile home within the

city. No permit indicating registration of a mobile home shall be issued by the city unless the mobile home is to be

located in an approved mobile home park or mobile home subdivision.

(Code 1988, 15-23; Ord. of 7-28-1986, Art. V, § 503)


ARTICLE III.

PLANS AND SPECIFICATIONS

Sec. 56-71. Area and space requirements.

A mobile home park, mobile home subdivision or trailer park shall be no less than three (3) acres in size,

and shall be located on a well drained site, properly graded to ensure positive drainage and freedom from

stagnant pools of water. An overall density of not greater than six and five tenths (6.5) mobile homes per acre

will be permitted.

(Code 1988, 15-31; Ord. of 7-28-1986, Art. VI, § 601)

Sec. 56-72. Mobile home lots.

(a) Each mobile home lot shall be at least forty (40) feet in width at the building setback line.

Mobile home park lots shall provide a minimum of five thousand (5,000) square feet in area, and

mobile home subdivision lots shall provide a minimum of eight thousand (8,000) square feet in

area. For each lot provided, the developer must also furnish land dedicated for common

recreational use as provided in section 56-76(6). Greater lot areas will be required to comply

with Gwinnett County Health Department regulations where community sanitary sewerage is

not available. Plans utilizing unique sitting of mobile homes, such as a cluster development,

may, with the approval of the planning commission, provide individual lots of not less than four

thousand (4,000) square feet; however, overall density requirements must still be met.

(b) No mobile home shall be located within:

(1) Ten (10) feet of its individual lot line.

(2) Twenty (20) feet of another such unit.

(3) Thirty (30) feet of the right-of-way line of any major public street or highway or twenty

(20) feet of the right-of-way line of any collector street.

403

(4) Fifteen (15) feet of any exterior boundary of the park or subdivision or any building

within the park.

(5) Twenty (20) feet of any service building within the park or subdivision.

(Code 1988, 15-32; Ord. of 7-28-1986, Art. VI, § 602)

Sec. 56-73. Trailer and camper spaces.

Each space provided for transient parking and camping at an approved trailer park shall at least three

thousand (3,000) square feet and shall be a minimum of forty (40) feet in width.

(Code 1988, 15-33; Ord. of 7-28-1986, Art. VI, § 603)

Sec. 56-74. Roads and streets.

(a) All mobile home spaces in mobile home parks or mobile home subdivisions shall abut upon a

paved internal street not less than twenty (20) feet in width. Spaces at trailer parks may abut a

gravel surfaced driveway. The entrance road from the public street shall have a minimum width of

at least twenty-four (24) feet extending at least one hundred (100) feet into the park or

subdivision.

(b) Privately owned internal streets shall service all lots and parcels within mobile home parks and

trailer parks. Public streets with a mobile home subdivision shall have a minimum right-of-way

width of fifty (50) feet.

(c) Streets within mobile home parks and mobile home subdivisions shall have a minimum 80- foot

curve radius at all deflections in alignment. Dead-end streets shall have a minimum 80- foot

diameter paved turnaround. Streets shall be constructed upon a sound compacted sub-grade and

shall have a minimum of six (6) inches of crushed stone base and a minimum of two (2) inches of

asphalt pavement. All streets in mobile home parks and mobile home subdivisions will be

provided with curbs, gutters and storm drainage. All mobile home park and trailer park streets and

off-street paved parking spaces shall be maintained in a state of good repair at all times by the

park owner.

(d) No street name shall be used within a mobile home park or subdivision which will duplicate or

be confused with the names of existing public streets.

(Code 1988, 15-34; Ord. of 7-28-1986, Art. VI, § 604)

Sec. 56-75. Automobile parking.

Two (2) off-street paved parking spaces shall be provided for each mobile home lot at a location

convenient to the occupants of the mobile home. One (1) off-street automobile parking space shall be provided at

each camp space at a travel trailer park.

(Code 1988, 15-35; Ord. of 7-28-1986, Art. VI, § 605)

Sec. 56-76. Additional minimum facilities--For mobile home parks and subdivisions.

404

Each mobile home park or subdivision shall provide the following minimum facilities:

(1) All-weather paved walkways of not less than two (2) feet n width to each trailer space and to all

service buildings and public facilities.

(2) A weatherproof electric outlet supplying 110/220 volt, 100-ampere-power at each mobile home

lot. Overhead power lines shall be not less than fifteen (15) feet to any trailer. The electrical

system shall conform in every respect to the National Electrical Code.

(3) Each mobile home space shall be connected with the city water system and, if available, the city

sewerage system, in conformance with the plumbing code of the city.

(4) Each mobile home lot shall be located within five hundred (500) feet of a fire hydrant. Existing

nonconforming parks shall be brought into compliance with this provision within three (3) years

of July 28, 1986.

(5) Garbage and refuse collection facilities acceptable to the city.

(6) Recreation areas containing at least ten thousand eight hundred ninety (10,890) square feet for

mobile home parks having less than twenty (20) lots, and containing five hundred fifty (550)

square feet per lot for all other parks reserved and improved for recreational use. Required buffer

zones will not be included as a part of the recreation areas.

(7) A planted buffer zone of at least twenty (2) feet is required in addition to side and rear yards

where a mobile home or trailer use abuts a single-family residential district. The buffer zone

shall be planted or permanently maintained in trees and shrubbery that will, within five (5) years

after planting, be at least six (6) feet in height and will obscure objects behind the buffer zone at a

distance of fifty (50) feet.

(8) Outdoor lighting for all streets.

(9) Tie-downs shall be provided for each mobile home in accordance with the building code

requirements of Gwinnett County. The ties shall consist of wire cable or rust-resistant steel

straps, and withstand a minimum stress of four thousand eight hundred (4,800) pounds. The

cable or strap shall be secured to the mobile home frame and the anchor with a yoke-type fastener

and tensioning device, but not with hook-end turnbuckles. Mobile homes having factory installed

over-the-top tie-downs shall have these ties secured to the anchors in addition to the frame ties.

Double-wide mobile homes do not require over-the-top tie-downs, but are subject to the frame tie

requirements applicable to single-wide mobile homes. Acceptable types of anchors include

expanding anchors, screw augers and concrete deadmen. Auger type anchors shall be installed to

a depth of four (4) feet minimum in the ground. All anchors shall be designated to withstand a

pull of four thousand eight hundred (4,800) pounds.

(10) Foundation piers shall be a minimum of sixteen (16) inches by eight (8) inches concrete blocks

with wood wedges.

(11) The space beneath each mobile home or modular home shall be fully enclosed with manufactured

aluminum mobile home skirting, brick, stone, concrete block, or other approved weatherproof

skirting within sixty (60) days after the certificate of occupancy is issued to protect this space

405

from the elements and to create an aesthetic appearance for each unit. Materials used for

enclosure purposes shall be rigidly mounted and shall be acceptable for exterior use.

(12) All mobile home park owners must identify each rental space within their mobile home park by

letter or number, or a combination of both, so as to properly identify each such space and to

facilitate the location of mobile homes occupying such spaces by city utility crews, postal service

employees, emergency vehicles, etc. Park owners are required to install identifying numbers

and/or letters so as to make them plainly visible from the street immediately adjacent to each

space, and in a manner so as not to create confusion. Numbers and/or letters may be installed on

the rental space occupant’s mailbox. If an area is set aside for the common location of all

mailboxes within a mobile home park, then the owner must erect four-by-four-inch treated posts

of not less than three (3) feet in height, affixing the identifying numbers and/or letter to such

posts for each rental space. Identifying numbers and/or letters must be of a light-reflecting

material and must be of a uniform size, no smaller than three (3) inches in height.

(Code 1988, 15-36; Ord. of 6-28-1986, Art. VI, § 606)

Sec. 56-77. Same--For trailer parks.

Each trailer park shall provide the facilities required by section 56-76(2), (5), (6) and (7), and the

following:

(1) Separate toilet and bathing facilities for each sex within three hundred (300) feet of each trailer or

camper space; provide one (1) commode, one (1) lavatory and one (1) tub or shower head for each

sex for each ten (10) trailer spaces or fraction thereof; also provide one (1) urinal for each ten (10)

spaces or fraction thereof in the facilities for men.

(2) Laundry facilities at the rate of two (2) washing machines and one (1) dryer for each fifty (50)

trailer spaces or fraction thereof.

(Code 1988, 15-37; Ord. of 6-28-1986, Art. VI, § 607)

Chapter 57

RESERVED

Chapter 58

PARKS AND RECREATION*


36-35-1 et seq.; authority to provided for police and fire protection, Ga. Const. art. IX, § II, ¶ III(a)(1).


Sec. 58-1. Development of municipal recreation programs.


Article II. Public Parks and Recreation Facilities


Sec. 58-27. Restoration of site by usery.

Sec. 58-28. Conduct; use regulations.

Sec. 58-29. Prohibited acts.

Sec. 58-30. Permit for group activities.

406

ARTICLE I.

IN GENERAL

Sec. 58-1. Development of municipal recreation programs.

The authority to develop programs of recreational activities and services designed to meet the leisure

time, interests and needs of all citizens of the city is hereby granted to and vested in the recreation board, which

board shall have the power to maintain and equip parks, playgrounds, recreation centers, and the buildings

associated therewith, and to develop, maintain and operate all types of recreation facilities, as provided in

O.C.G.A. ch. 36-64 (O.C.G.A. § 36-64-1 et seq.).

(Code 1988, § 19-1)


ARTICLE II.

PUBLIC PARKS AND RECREATION FACILITIES


(a) Generally; posting. The public parks shall be open daily to the public during the hours as from

time to time established by the recreation board and posted in prominent places at any park;

and it shall be unlawful for any person or persons, other than city personnel conducting city

business therein, to occupy or be present in such parks during any other hours.

(b) Partial, temporary closings. Any section or part of a park, or an entire park, may be declared

closed to the public by the city manager at any time and for any interval of time, either temporarily

or at regular or stated intervals.

(Code 1988, § 19-21)

Sec. 58-27. Restoration of site by usery.

Each person, firm, or corporation using the public parks and grounds shall clean up all debris, extinguish all

fires when such fires are permitted and leave the premises in good order and the facilities in a neat and sanitary

condition.

(Code 1988, § 19-22)

Sec. 58-28. Conduct; use regulations.

(a) Games. It shall be unlawful for any person to take part in or abet the playing of any games

involving thrown or otherwise propelled objects such as balls, stones, arrows, javelins or model

airplanes, except in areas set apart for such forms of recreation. The playing of rough or

potentially dangerous games such as football, baseball and soccer is prohibited except in the

fields, courts or areas provided therefore.

(b) Camping. It shall be unlawful for any person to set up tents, shacks or any other temporary

407

shelter for the purpose of overnight camping, nor shall any person leave in a park after closing

hours any movable structure or special vehicle to be used, or that could be used, for such

purpose, such as a house-trailer, camp-trailer, camp-wagon or the like, unless a special permit

has been given by the city manager.

(c) Fires. It shall be unlawful for any person to build or attempt to build a fire except in such areas

and under such regulations as may be designated by the park and recreation board. No person

shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper

or other inflammable material within any park area or on any highway, road or street abutting or

contiguous thereto.

(d) Animals. It shall be unlawful to bring any dangerous animal into any park, and it shall be

unlawful to permit any dog to be in any park unless such dog is on a leash not more than

eight feet long.

(e) Automobiles. It shall be unlawful to drive or park any automobile except on a street,

driveway or parking lot in any park; or to park or leave any such vehicle in any place

other than one established for public parking.

(f) Sales. It shall be unlawful for any person to vend, sell, peddle or offer for sale any commodity or

article within any park unless given a special condition permit by the city manager.

(g) Alcoholic beverages. It shall be unlawful for any person within any park to have in his or her

possession, custody or control any alcoholic beverage of any kind whatsoever.

(h) Signs. It shall be unlawful for anyone to paste, glue, tack or otherwise post any sign, placard,

advertisement or inscription whatsoever, nor shall any person erect or cause to be erected any

sign whatsoever on any public lands or highways or roads adjacent to a park, except that these

provisions shall not apply to any properly authorized government official in pursuit of any

official duty.

(i) Picnic area. No person in a park shall use any portion of the picnic areas, or of any of the

buildings or structures therein, for the purpose of holding picnics to the exclusion of other persons,

nor shall any person use such areas and facilities for an unreasonable time if the facilities are

crowded.

(Code 1988, § 19-23)

Sec. 58-29. Prohibited acts.

It shall be unlawful for any person, firm or corporation using such parks, grounds or facilities to either

perform or permit to be performed any of the following acts:

(1) Damage to park property. Willfully mark, deface, disfigure, injure, tamper with or displace or

remove, any buildings; bridges; tables; benches; fireplaces; railings; paving or paving material;

waterlines or other public utilities or parts or appurtenances thereof; signs, notices or placards,

408

whether temporary or permanent; monuments; stakes, posts or other boundary markers; or other

structures or equipment, facilities or park property or appurtenances whatsoever, either real or

personal.

(2) Water pollution. Throw, discharge or otherwise place or cause to be placed in the waters of any

fountain, pond, lake, stream, bay or other body of water in or adjacent to any park or any

tributary, stream, storm sewer, or drain flowing into such waters, any substance, matter or thing,

liquid or solid, which will or may result in the pollution of said waters.

(3) Trees, plants. Damage, cut, carve, transplant or remove any tree or plant or any part thereof.

(4) Animals. Hunt, molest, harm, frighten, kill, trap, chase, tease, shoot or throw missiles at any

animal, reptile or bird; or remove or have in his possession the young of any wild animal, or the

eggs, nest or young of any other animal.

(5) Trash, rubbish. Bring in or dump, deposit or leave any bottles, broken glass, ashes, paper, boxes,

cans, dirt, rubbish, waste, garbage, refuse or other trash. No such refuse or trash shall be placed in

any waters in or contiguous to any park, or left anywhere on the grounds thereof, but shall be

placed in the proper receptacles where these are provided; and where receptacles are not so

provided, all such rubbish or waste shall be carried away from the park by the person responsible for

the presence of same, and properly disposed of elsewhere.

(6) Disturbing the peace. Disturb the peace, or use any profane or obscene language.

(7) Public safety. Endanger the safety of any person by any conduct or act.

(8) Fighting. Commit any assault or battery, or engage in fighting.

(9) Alcoholic beverages. Carry, possess or drink any alcoholic beverage in the park.

(10) Violation of park rules. Violate any rule for the use of the park, made or approved by the

recreation board.

(11) Interference with peace, enjoyment of park. Prevent any person from using any park, or any of its

facilities, or interfere with such use in compliance with this chapter and with the rules applicable to

such use.

(12) Swimming, wading, etc. Swim, bathe or wade in any waters or waterways in or adjacent to any

park, except in such waters and at such places as are provided therefor, and in compliance with

such regulations as are herein set forth or may be hereafter adopted.

(13) Dressing, undressing. Dress or undress in any vehicle, toilet, or other place except in houses or

structures as may be provided for that purpose.

(Code 1988, § 19-24)

Sec. 58-30. Permit for group activities.

(a) Required; application. Whenever more than 15 members of any group, association or

organization desire to use any park facilities for a particular purpose, such as picnics, parties or

409

theatrical or other entertainment performances, a representative of such group, association or

organization shall first obtain a permit from the city clerk for such purpose.

(b) Issuance. The city clerk shall grant the application for a permit if it appears that the group,

association or organization will not interfere with the general use of the park by individual

members of the public, and if the group, association or organization meets all other

reasonable conditions which may be imposed by the city manager.

(c) Bond. Such application may contain a requirement for an indemnity bond to protect the city from

any liability of any kind or character and to protect city property from damage.

(Code 1988, § 19-25)

Chapters 59--61

RESERVED

Chapter 62

PLANNING*

* State Law References: Authority to adopt plans, Ga. Const. art. IX, § II, ¶ IV; planning generally, O.C.G.A. § 36-70-1 et seq.


Article II. Planning Commission

Sec. 62-3 1. Adoption of state regulations.





Sec. 62-36. Officers and rules of procedure.


ARTICLE I. IN GENERAL


ARTICLE II. PLANNING COMMISSION

Sec. 62-31. Adoption of state regulations.

The rules, regulations and provisions contained in the Official Code of Georgia Annotated governing the

creation, appointment, organization, powers and duties of municipal and county planning commissions are hereby

adopted as the rules, regulations and provisions governing the city planning commission. (Code 1988, § 2-151)


The planning commission shall consist of five members appointed by the council. Except for initial

appointments, the terms of the members shall be for three years each. Members shall serve until their successors are

appointed. The seats on the planning commission shall be designated post number one, post number two, post

number three, post number four, and post number five, and the mayor and council shall designate the post to

410

which an individual is being appointed at the time of appointment.

(Code 1988, § 2-152; Amd. of 2-2001)


Vacancies shall be filled by appointments for unexpired terms only and in the same manner as for

original appointments.

(Code 1988, § 2-153)


All members of the planning commission shall serve at the pleasure of the council and may be removed

from office at any time by a majority vote of the city council.

(Code 1988, § 2-154; Amd. of 2-2001)


All members of the planning commission shall serve without compensation.

(Code 1988, § 2-155)

Sec. 62-36. Officers and rules of procedure.

The planning commission shall elect one of its members as chairperson who shall serve for one year or

until such person is reelected or a successor is elected. A second appointive member shall be elected as vice-

chairperson who shall serve for one year or until such person is reelected or a successor is elected. The

commission shall appoint a secretary, who may be an officer or employee of the city or of the planning

commission. The planning commission shall meet at least once each quarter at the call of the chairperson and at

such other times as the chairperson or commission shall determine, shall adopt rules for the transaction of

business, and shall keep a record of its proceedings, which record shall be open to public inspection. Employees and

staff may be appointed by the planning commission as necessary when authorized by the council. (Code 1988, §

2-156)


The planning commission shall make careful and comprehensive surveys and studies of existing

conditions and probable future developments and prepare plans for physical, social and economic growth in an

effort to promote the public health, safety, morals, convenience, prosperity or general welfare of the city. In

carrying out its objectives, the planning commission shall have the following specific powers and duties:

(1) To prepare a master plan or parts thereof for the development of the city.

(2) To prepare and recommend for adoption a zoning ordinance and map for the city.

(3) To prepare and recommend for adoption regulations for the subdivision of land within the city

limits and to administer the regulations that may be adopted.

(4) To prepare and recommend for adoption a plat or plats or an official map showing the exact

location of the boundary lines of existing, proposed, extended, unlined or narrowed streets,

public open spaces, or public building sites and to provide for the regulation of construction of

411

buildings or other structures within such lines.

(5) To cooperate with, contact with, or accept funds from federal, state or local public or quasi-

public agencies and to expend such funds.

(6) To exercise all other powers and duties conferred upon municipal planning commission by state

law. (Code 1988, § 2-157)

Chapters 63--65

RESERVED

Chapter 66

SOLID WASTE*

* State Law References: Constitutional grant of home rule powers, Ga. Const. art. IX, § II; specific grant of constitutional authority

relative to garbage and solid waste collection and disposal, Ga. Const. art. IX, § II, ¶ III(a)(2); statutory grant of home rule powers,

O.C.G.A. § 36-35-1 et seq.; Georgia Comprehensive Solid Waste Management Act, O.C.G.A. § 12-8-20 et seq.; local solid waste plans,

O.C.G.A. § 12-8-31.1; littering, O.C.G.A. § 16-7-40 et seq.


Sec. 66-1. Surcharge for solid waste deposited in city landfill.


Article II. Litter Control


Sec. 66-27. Statutory authority.

Sec. 66-28. Title.


Sec. 66-30. Littering prohibited; exceptions.

Sec. 66-31. Evidence of littering.



Sec. 66-34. Collection practices.

Article III. Solid Waste Collection and Disposal

ARTICLE I.

IN GENERAL

Sec. 66-1. Surcharge for solid waste deposited in city landfill.

(a) Authority. Effective January 1, 1992, there shall be paid to the city a surcharge of $1.00 per ton or

any fraction thereof of solid waste deposited in the city landfill by the present operator or any

person or entity otherwise authorized to deposit solid waste in that facility. This surcharge is

imposed pursuant to O.C.G.A. § 12-8-39 and shall be in addition to any other negotiated charges

or fees presently in existence or in existence at any time following January 1, 1992.

(b) Fund. The surcharge shall be remitted to the city on a monthly basis and such funds shall be

deposited into a restricted account and shall be used for solid waste management purposes

only. (Code 1988, § 12-1; Ord. of 12-9-1991)

412


ARTICLE II.

LITTER CONTROL*

* State Law References: Littering, O.C.G.A. § 16-7-40 et seq.


The purpose of this ordinance is to protect the public health, safety, environment, and general welfare

through the regulation and prevention of litter. The objectives of this ordinance are:

(1) Provide for uniform prohibition throughout the city of any and all littering on public or provide

property; and

(2) Prevent the desecration of the beauty and quality of life of the city and prevent harm to the public

health, safety, environment, and general welfare, including the degradation of water and aquatic

resources caused by litter.(Code 1988, § 12-21; Ord. of 7-13-1987, art. I, Amd. of 8-18-06)


This ordinance shall apply to all public and private property within the City of Sugar Hill.

(Code 1988, § 12-22; Ord. of 7-13-1987, art. II, Amd. of 8-18-06).

Sec. 66-28. Title.

This article shall be known and may be cited as "The Litter Control Ordinance of the City of Sugar Hill,

Georgia."

(Code 1988, § 12-23; Ord. of 7-13-1987, art. III, Amd. of 8-18-06)

Sec. 66-29. Compatibility with Other Regulations.

This ordinance is not intended to interfere with, abrogate, or annul any other ordinance, rule or

regulation, statute, or other provision of law. The requirements of this ordinance should be considered

minimum requirements, and where any provision of this ordinance imposes restrictions different from

those imposed by any other ordinance, rule or regulation, or other provision of law, whichever provisions

are more restrictive or impose higher protective standards for human health or the environment shall be

considered to take precedence.

(Code 1988, § 12-24; Ord. of 7-13-1987, art. IV, Amd. of 8-18-06)


If the provisions of any article, section, subsection, paragraph, subdivision or clause of this ordinance

shall be judged invalid by a court of competent jurisdiction, such order of judgment shall not affect or invalidate

the remainder of any article, section, subsection, paragraph, subdivision or clause of this ordinance.

(Code 1988, § 12-25; Ord. of 7-13-1987, art. V, § A, Amd. of 8-18-06)

413


As used in this article, unless the context clearly requires otherwise, the following words or phrases

shall have the following meanings:

Litter means any organic or inorganic waste material, rubbish, refuse, garbage, trash, hulls, peelings,

cigarette butts or packages, debris, grass, weeds, ashes, sand, gravel, slag, brickbats, metal, plastic, and glass

containers, broken glass, dead animals or intentionally or unintentionally discarded materials of every kind and

description.(Amd. 7-14-08)

Public or private property means the right of way of any road or highway; any body of water or

watercourse or the shores or beaches thereof; any park, playground, building, refuge, or conservation or

recreation area; timberlands or forests; and residential, commercial, industrial, or farm properties.

(Code 1988, § 12-26; Ord. of 7-13-1987, art. VI, Amd. of 8-18-06)

Sec. 66-32. Littering of Public or Private Property or Waters Prohibited.

It shall be unlawful for any person or persons to dump, deposit, throw or leave or to cause or permit the

dumping, depositing, placing, throwing or leaving of litter on any public or private property or any waters in

this city unless:

(1) Such property is designated by the state or by any of its agencies or political subdivisions for the

disposal of such litter, and such person is authorized by the proper public authority to use such

property;

(2) Such litter is placed into a litter receptable or container installed on such property; or

(3) Such person is the owner or tenant in lawful possession of such property, or has first obtained

consent of the owner or tenant in lawful possession, or unless the act is done under the personal

direction of said owner or tenant, all in a manner consistent with the public welfare. (Code 1988,

§ 12-27; Ord. of 7-13-1987, art. V, §§ B, C, Amd. of 8-18-06)

Sec. 66-33. Vehicle Loads Causing Litter.

No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such

vehicle is adequately secured to prevent the dropping or shifting of materials from such load onto the roadway.

(Code 1988, § 12-28; Ord. of 7-13-1987, art. VII, Amd. of 8-18-06)


It shall be unlawful for any person to violate any provision or fail to comply with any of the

requirements of this ordinance. Any person who has violated or continues to violate the provisions of this

ordinance, may be subject to the enforcement actions outlined in this section or may be restrained by

injunction or otherwise sentenced in a manner provided by law. (Code 1988, § 12-29; Ord. of 4-8-1996,

Amd. of 8-18-06)

414

Sec. 66-35. Evidence.

(1) Whenever litter is thrown, deposited, dropped or dumped from any motor vehicle, boat, airplane,

or conveyance in violation of this article, it shall be prima facie evidence that the operator of the

conveyance has violated this article.

(2) Except as provided in subsection (1) of this section, whenever any litter which is dumped,

deposited, thrown, or left on public or private property in violation of this article is discovered to

contain any article or articles, including but not limited to letters, bills, publications, or other

writing which displays the name of a person thereon in such a manner as to indicate that the

article belongs or belonged to such person, it shall be a rebuttable presumption that such person

has violated this article. (Code Amd. of 8-18-06)


Any person who violates this article shall be guilty of an ordinance violation and, upon conviction

thereof, shall be punished as follows:

(1) By a fine of not less than $200.00 and not more than $1,200.00; and

(2) In addition to the fine set out in subsection 1 above, the violator shall reimburse the city for the

reasonable cost of removing the litter when the litter is or is ordered removed by the city; and

(3) (a) In the sound discretion of the court, the person may be directed to pick up and remove

from any public street or highway or public right-of-way for a distance not to exceed one

mile any litter he has deposited and any and all litter deposited thereon by anyone else

prior to the date of execution of sentence; or

(b) In the sound discretion of the court, the person may be directed to pick up and remove any

and all litter from any public property, private right-of-way, or with prior permission of the

legal owner or tenant in lawful possession of such property, any private property upon

which it can be established by competent evidence that he has deposited litter. Pick up and

removal shall include any and all litter deposited thereon by anyone prior to the date of

execution of sentence; and

(4) The court may publish the names of persons convicted of violating this ordinance.

(Code Amd. of 8-18-06)


All law enforcement agencies, officers and officials of this state or any political subdivision thereof, or

any enforcement agency, officer or any official of any commission of this state or any political subdivision

thereof, are hereby authorized, empowered and directed to enforce compliance with this article. (Code Amd. of 8-

18-06)

Sec. 66-38. Collection practices.

The city will provide for the chipping of tree limbs, at no charge, provided that the tree limbs are no

greater than four inches in diameter and provided that such service is limited to regular city business hours.

415

(Code. Amd. of 8-18-06)

ARTICLE III.

SOLID WASTE COLLECTION AND DISPOSAL

ARTICLE III. SOLID WASTE COLLECTION AND DISPOSAL

Sec. 66-101. Title.

This Article of Chapter 66 shall be known and cited as the "Solid Waste Collection and Disposal Ordinance of

the City of Sugar Hill."


All terms shall have their ordinary dictionary meaning except as specifically defined herein.

Construction and Demolition Waste: building materials and rubble resulting from construction, remodeling,

repair, or demolition operations on pavements, houses, commercial buildings, and other structures. Such waste

includes but is not limited to waste containing asbestos, wood, bricks, metal, concrete, wallboard, paper,

cardboard, and other nonputrescible wastes associated with construction and demolition activities which have a

low potential for ground-water contamination. Inert waste landfill materials approved by authorized state and/or

federal agencies for disposal in landfills permitted by rule and regulation other than residential solid waste as

defined in this Chapter are also included in this definition if disposed in a construction or demolition waste

landfill.

Commercial Solid Waste: refuse, trash, garbage, rubbish, all types of solid waste and other waste material that is

generated by apartments, condominiums, other multi-family residential units, offices, businesses, stores,

warehouses, industries, restaurants and other nonmanufacturing activities excluding single-family dwellings,

duplexes and industrial wastes (as defined below) within the City limits.

Garbage collector: the city, its agents or employees or such person, firm or corporation as the city may contract

or otherwise delegate responsibility for the collection and/or disposal of residential, commercial and industrial

solid waste within the boundaries of the City.

Industrial Solid Waste: solid waste generated by manufacturing or industrial processes that is not a hazardous

waste regulated under the Hazardous Waste Management Act and regulations promulgated by the Georgia Board

of Natural Resources, Chapter 391-3-11. Such waste includes, but is not limited to, wastes resulting from the

following manufacturing processes: Electric power generation; fertilizer/agricultural chemicals; food and related

products/by-products; inorganic chemicals; iron and steel manufacturing; leather and leather products; nonferrous

metals manufacturing/foundries; organic chemicals; plastics and resins manufacturing; pulp and paper industry;

rubber and miscellaneous plastic products; stone, glass, clay, and concrete products; textile manufacturing;

transportation equipment; and water treatment. This term does not include mining waste or oil or gas waste.

Recycling: any process, both commercial and residential, by which materials which would otherwise become

416

solid waste are collected, separated or processed and reused or returned to use in the form of raw materials or

products;

(1) Commercial recycling means recycling conducted from apartments, condominiums, other multi-

family residential units, offices, retail, service, food, or other businesses located within the

corporate limits of the City, both present and future, which properties are not eligible for

residential waste collection;.

(2) Residential recycling means recycling conducted from single-family residences located within the

corporate limits of the City, both present and future, or other residences which qualify for

residential waste collection.

Recovered Materials: Those materials which have known use, reuse or recycling potential; can feasibly be used,

reused or recycled; and have been diverted or removed from the solid waste stream for sale, use, reuse, or

recycling, whether or not requiring subsequent separation and processing [these materials include, but are not

limited to, all newspapers, glass, food and beverage containers, plastic soda bottles and milk jugs, tin food cans,

cardboard and aluminum beverage cans.]

Recovered Materials Processing Facility: A facility engaged solely in the storage, processing, and resale or reuse

of recovered materials. Such terms shall not include a solid waste handling facility; provided, however, any solid

waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid

waste.

Residential Solid Waste: all household refuse, trash, garbage, yard debris, or rubbish including but not limited to

putrescible animal, fruit and vegetable matter resulting from the preparation, cooking, storage, sale and serving of

food, cans, glass, paper, and other containers, material that is generated as household garbage, and inert yard

waste such as grass clippings, leaves and branches generated from residences.

Solid Waste: commercial sold waste, industrial solid waste and residential solid waste as defined in this Section.

Yard Trimmings: leaves, brush, grass clippings, shrub and tree prunings, discarded Christmas trees, nursery and

greenhouse vegetative residuals, and vegetative matter resulting from landscaping development and maintenance

other than mining, agricultural, and silvicultural operations.

417


The following regulations are hereby adopted in order to promote the safe, efficient and proper collection of solid

waste, recyclables, recovered materials and yard trimmings within the city limits:

(1) All residential solid waste, with the exception of yard trimmings, to be collected by the Garbage

Collector shall be placed in specialized plastic bags provided to designated retail outlets and the

City by the Garbage Collector or in 95 gallon or 65 gallon containers as provided by the Garbage

Collector.

(2) All yard trimmings shall be separated for collection and removal from all other types of solid

waste, construction and demolition waste, recovered materials and recyclables. After separation,

yard trimmings to be collected shall be placed in bags or bundled for easy collection and removal

and placed at the curb by 7:00 a.m. for Monday through Friday pick up. All limbs must be cut no

longer than 6 feet in length and no limbs over 4 inches in diameter.

(3) Commercial and industrial solid waste to be collected by the Garbage Collector shall be placed in

containers provided to commercial and industrial customers by the Garbage Collector.

(4) All residential solid waste to be collected shall be placed on private property at curb, alley or at the

rear or side of residences, not earlier than 6 p.m. on the day before scheduled collection by the

Garbage Collector and removed not later than midnight of that same scheduled collection day.

(5) Residential solid waste to be collected shall be easily accessible to the garbage collector for

collection, preferably in a paved area. In the event that said containers are not easily accessible or

are so situated that the garbage collector must contend with dogs or other pets, animals or

livestock of the owner, tenant, or person in possession of the premises, so as to cause said

collector to be apprehensive about his safety, collection of residential solid waste shall be excused

until such time as the problem is remedied. Such situation shall not excuse payment for the

service to be rendered or responsibility of the owner, tenant, or person in possession of the

premises to comply with this chapter.

(6) Solid waste to be collected by special haul services provided for hereinafter shall be placed so as

to be easily accessible to the Garbage Collector.

(7) Construction and demolition waste shall be separated from all other forms and types of waste or

yard trimmings and shall be placed in containers provided by an approved hauler or collector.

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Sec. 66-104. Rates

The rates and charges for the collection of residential, commercial and industrial solid waste within the city limits

shall be as established in the agreement between the city and the approved garbage collector for the city.

Sec. 66-105. Burning of trash, paper, etc., prohibited.

(a) No person shall burn or incinerate, or cause to be burned or incinerated, any rubbish, paper, pasteboard

boxes, rags, straw, packing materials, shavings, and similar materials within the city, except in an incinerator

equipped with spark arrestor devices and meeting all standards and requirements as may now be or as may

hereafter be established by the air quality control branch of the environmental protection division of the

department of natural resources or the county fire marshal. The open burning shall be governed of Section 30-1

of the Code of the City of Sugar Hill, Georgia.

(b) Hand-warming fires on a construction site are permitted if the weather reaches fifty (50) degrees Fahrenheit

or below. Such hand warming fires shall be contained within a fifty-five (55) gallon barrel or drum. The barrel

or drum containing the fire shall be located at least twenty (20) feet from the structure being built on the site, and

only wood may be burning inside the barrel or drum.

(c) It shall be unlawful for construction and demolition waste to be burned within the city.

Sec. 66-106. Exclusive Franchise Rights.

It shall be unlawful for any individual, entity, company, corporation, or group either private or commercial other

than the City or its designated Garbage Collector to collect or haul or attempt to collect or haul waste materials

other than Construction and Demolition Waste, as defined in this Article, or to interfere in any manner with any

receptacle containing such waste or to remove any such receptacle from the place where the same are placed by

the owner, agent, or person lawfully in control thereof or to remove the contents of such receptacles.

Sec. 66-107. Recycling.

(1) Purpose

The purpose of this section is to encourage the practice of and facilitate the process of recycling within the

corporate limits of the City of Sugar Hill by providing an open and hospitable environment for personal, private,

commercial, and residential recycling.

(2) Residential Recycling, Curbside Containers and Collection Bins

The Garbage Collector shall provide collection containers for the purpose of residential recycling at curbside.

These containers will be made of rigid plastic construction and will be of uniform color and size. These

collection containers are to be placed at the curbside of the public street at each residential location and will be

serviced pursuant to City’s Agreement with the Garbage Collector.

The City may also, from time to time, designate certain collection points where recyclable items may be brought

to a designated collection bin. It shall be an offense punishable as stated in Subsection (4) below to place any

garbage or household waste other than recyclable items, in or around designated recycling bins.

(3) Commercial Recycling and Registration

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Any individual, entity, company, corporation, or group both private or commercial, who seeks to engage in the

business of commercial recycling, as defined herein, may do business within the corporate limits of the City of

Sugar Hill, upon registering with the City Clerk and providing a sworn statement, in the form attached as Exhibit

A, affirming that it is engaged only in the business of commercial recycling as defined herein and is utilizing a

Recovered Materials Processing Facility as defined herein. Each container placed within the City for purposes of

commercial recycling shall contain a conspicuous notice designating the container as a container for recycled

goods only. Should any individual, entity, company, corporation, or group, place a commercial recycling

container at any commercial location that does not also maintain a waste disposal container, a rebuttable

presumption shall exist that the commercial recycling container is being used for waste disposal in violation of

this Ordinance.

(4) Enforcement

Should any person or entity deposit waste materials, as defined herein, within any curbside container or

designated collection bin or should any person or entity engage in commercial recycling without proper prior

registration said person or entity shall be in violation of this ordinance, and may be cited and fined an amount of

not less than $500 per day nor more than $1,000 per day. Each day that such violation continues shall be

considered a separate offense.

Sec. 66-108. Burial pits.

It shall be unlawful for any person to bury or cause to be buried any construction and demolition debris,

residential solid waste, commercial solid waste, industrial solid waste, stumps, logs, branches, limbs, trash,

garbage, waste paper, refuse matter, filth, food scraps, litter, decayed matter, or any other materials or any sort

within the city limits.

Sec. 66-109. Construction and Demolition Waste

(1) Collection of Construction and Demolition Waste

Any individual, entity, company, corporation, or group both private or commercial, who seeks to engage

in the business of collecting and hauling Construction and Demolition Waste, as defined herein, may do business

within the corporate limits of the City of Sugar Hill, upon registering with the City Clerk and providing a sworn

statement, in the form attached as Exhibit B, affirming that it is engaged only in the business of collecting and

hauling Construction and Demolition Waste as defined herein and is depositing all such waste in a landfill

approved for disposal of such waste by Georgia and certified by the Georgia Department of Natural Resources.

(2) Proof of Disposal

The City may require any Construction and Demolition Waste hauler or collector to provide documentary

evidence of appropriate and lawful disposal of Construction and Demolition Waste for the previous calendar year

as a prerequisite to approving registration or at any time during the period in which the hauler or collector is

doing business in the City.

(3) Violations and Enforcement

(a) Should any individual, entity, company, corporation, or group either private or commercial other

than the City or its designated Garbage Collector collect or haul or attempt to collect or haul Construction and

420

Demolition Waste, as defined herein, without registering with the City Clerk and providing a sworn statement as

required above, said person or entity shall be in violation of this ordinance, and may be cited and fined an amount

of not less than $500 per day nor more than $1,000 per day. Each day that such violation continues shall be

considered a separate offense.

(b) Should any individual, entity, company, corporation, or group haul or attempt to haul Construction

and Demolition Waste to an unauthorized or illegal site or disposal facility or should any individual, entity,

company, corporation or group be unable to provide proof of proper disposal of Construction and Demolition

Waste under subsection (2) of this section said party shall be in violation of this ordinance and may be cited and

fined an amount of not less than $500 per day nor more than $1,000 per day and may also be subject to

revocation of their registration and right to collect Construction and Demolition waste in the City.

Sec. 66-110. Violations, enforcement and penalties.

(1) Violations. It shall be unlawful for any person to violate any provision or fail to comply with any of the

requirements of this chapter. Any person who has violated or continues to violate the provisions of this chapter,

may be subject to the enforcement actions outlined in this chapter or may be restrained by injunction or otherwise

sentenced in a manner provided by law. Each day that a violation of this chapter continues without abatement

shall be considered a separate offense.

(2) Enforcement. It shall be the duty of the Director of Planning and Development or his designee, who is

hereby given authority, to enforce the provisions of this chapter. The Director of Planning and Development shall

be empowered to issue citations for violations under this Chapter directing offenders to appear before the

Municipal Court of the City.

(3) Penalties. Any person who violates this chapter shall be guilty of a violation and, upon conviction thereof,

shall be punished by a fine of not less than two hundred fifty dollars ($250.00) and not more than one thousand

dollars ($1,000.00), unless other minimums are set forth elsewhere in this Article.

Secs. 66-111—150 Reserved.

Amend. February, 2010

421

Exhibit A

AFFIDAVIT

Personally appeared before me, the undersigned attesting officer duly authorized to administer oaths,

who, first being duly sworn, says on oath as follows:

1.

My name is and I am over the age of eighteen (18) and am otherwise

competent to give this affidavit. If I am giving this Affidavit on behalf of a corporation or other entity, my

position with that corporation or entity is , and the name of the corporation or entity is

_________________________________________.

2.

I understand and acknowledge the provisions set forth in Article III of Chapter 66 of the Sugar Hill Code

of Ordinances whereby recycling means any process, both commercial and residential, by which materials which

would otherwise become solid waste are collected, separated or processed and reused or return to use in the form

of raw materials or products.

3.

I understand and acknowledge that recovered materials means those materials which have known use,

reuse or recycling potential; can feasibly be used, reused or recycled; and have been diverted or removed from

the solid waste stream for sale, use, reuse, or recycling, whether or not requiring subsequent separation and

processing [these materials include, but are not limited to, all newspapers, glass, food and beverage containers,

plastic soda bottles and milk jugs, tin food cans, aluminum beverage cans, and cardboard.]

4.

I understand and acknowledge that all commercially recovered materials shall be delivered to a recovered

materials’ processing facility which means a facility engaged solely in the storage, processing, and resale or reuse

of recovered materials. Such terms shall not include a solid waste handling facility; provided, however, any solid

422

waste generated by such facility shall be subject to all applicable laws and regulations relating to such solid

waste.

5.

I represent and warrant I or the corporation or entity that I represent are engaged in the business of

commercial recycling, which is defined as recycling conducted/collected from multi-family dwellings, retail,

service, food, or other businesses located within the corporate limits of the City, both present and future, which

properties are not eligible for residential waste collection, and that I or the corporation or entity I represent will

abide by all City Ordinances related to commercial recycling. I further represent and warrant that I or the

corporation or entity that I represent has paid occupation tax to the City of Sugar Hill or that occupation tax has

been paid to another city or county or is not required, and proof of payment or exemption is attached to this

affidavit.

6.

I understand and acknowledge that I may be required to submit documentation for inspection by City

officials verifying my compliance with the representations set forth herein and recycling provisions of Article III

of Chapter 66 of the Sugar Hill Code of Ordinances.

Amend. February, 2010

Chapters 67--69

RESERVED

Chapter 70

TAXATION*

* State Law References: Local government taxation, Ga. Const. art. IX, § IV; taxation generally, O.C.G.A. § 48-1-1 et seq.

Article I. In General Secs.

70-1--70-20. Reserved.

Article II. Occupation Tax

Sec. 70-21. Occupation tax required for business dealings in the city.


Sec. 70-23. Administrative and regulatory fee structure; occupation tax structure.

Sec. 70-24. Occupation tax levied; restrictions.

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Sec. 70-25. Paying occupation tax of business with no location in the state.

Sec. 70-26. Each line of business to be identified on business registration.

Sec. 70-27. Number of businesses considered operating in the city.

Sec. 70-28. Professionals, as classified in O.C.G.A. § 48-13-9(c)1--18.

Sec. 70-29. Practitioners exclusively practicing for the government.

Sec. 70-30. Purpose and scope of tax.

Sec. 70-31. Allocation of gross receipts of business with multiple intra or interstate locations.

Sec. 70-32. Exemption on grounds that business operated for charitable purpose.

Sec. 70-33. Evidence of state registration required if applicable; state registration to be displayed.

Sec. 70-34. Evidence of qualification required if applicable.

Sec. 70-35. When registration and tax due and payable; effect of transacting business when tax delinquent; liability of officers and agents.

Sec. 70-36. Penalty for article violation.

Sec. 70-37. City clerk; subpoena powers.

Sec. 70-38. Businesses not covered by this article.

Sec. 70-39. Occupation tax inapplicable where prohibited by law or provided for pursuant to other existing law.

Sec. 70-40. Occupation taxes levied on business to be transacted during calendar year; filing of returns showing gross receipts during

preceding calendar year.

Sec. 70-41. Filing of return showing actual gross receipts during calendar year; procedure where taxes overpaid or underpaid.

Sec. 70-42. When occupation tax due and payable; payment options.

Sec. 70-43. Payment of occupation tax by newly established businesses.

Sec. 70-44. More than one place or line of business.

Sec. 70-45. Returns confidential.

Sec. 70-46. Inspections of books and records.

Sec. 70-47. Tax registration to be revoked for failure to pay tax, file returns, permit inspection of books.

Sec. 70-48. Lien taken for delinquent occupation tax.


Sec. 70-50. Requirement of public hearing before tax increase.

Sec. 70-51. Conflicts between specific and general provisions.


Article III. Insurers


Sec. 70-77. Insurer license fees.

Sec. 70-78. License fee for insurers insuring certain risks at additional business locations.

Sec. 70-79. Gross premiums tax imposed on life insurers.

Sec. 70-80. Gross premiums tax, all other insurers.

Sec. 70-81. Due date for license fees.


Article IV. Financial Institutions

Sec. 70-106. Occupation tax.

Sec. 70-107. Filing of returns.

Sec. 70-108. Due date.

Secs. 70-109--70-130. Reserved.

Article V. Psychic Reading, Fortune Telling and Related Practices Sec.

70-131. Occupation tax certificate required.

Sec. 70-132. Maintenance of records.


Sec. 70-134. Restrictions on owners and employees.


ARTICLE I.

IN GENERAL


ARTICLE II.

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OCCUPATION TAX*

* State Law References: Local occupational license taxes, O.C.G.A. § 48 -1 3-1 et seq.

Sec. 70-21. Occupation tax required for business dealings in the city.

For the year 1995 and succeeding years thereafter, each person engaged in any business, trade, profession

or occupation in the city, whether with a location in the city, or in the case of an out-of-state business with no

location in the state exerting substantial efforts within the state pursuant to O.C.G.A. § 48-13-7, shall pay an

occupation tax for said business, trade, profession or occupation; which tax and any applicable registration shall

be displayed in a conspicuous place in the place of business if the taxpayer has a permanent business location in

the city. If the taxpayer has no permanent business location in the city, such business tax registration shall be

shown to the city clerk, her deputies, or to any police officer of said city upon request. (Code 1988, § 18-1; Ord.

of 12-27-1994, § 1)


The following words, terms and phrases when used in this article shall have the meanings set forth in

this section unless the context clearly indicates a different meaning:

Administrative fee means a component of an occupation tax which approximates the reasonable cost of

handling and processing the occupation tax.

City means the City of Sugar Hill, Georgia.

Dominant line means the type of business within a multiple line business from which the greatest

amount of income is derived.

Gross receipts means the total revenue of the business or practitioner for the period, including without

limitation the following:

(1) Total income without deduction for the cost of goods or expenses incurred;

(2) Gain from trading in stocks, bonds, capital assets or instruments of indebtedness;

(3) Proceeds from commissions on the sale of property, goods or services;

(4) Proceeds from fees for services rendered; and

(5) Proceeds from rent, interest, royalty or dividend income.

The term "gross receipts" shall not include the following:

(1) Sales, use or excise tax;

(2) Sales returns, allowances and discounts;

(3) Interorganizational sales or transfers between or among the units of a parent-subsidiary controlled

group of corporations as defined by 26 U.S.C. § 1563(a)(I), or between or among the units of a

425

brother-sister controlled group of corporations as defined by 26 U.S.C. § 1563(a)(2);

(4) Payments made to a subcontractor or an independent agent; and

(5) Governmental and foundation grants, charitable contributions or the interest income derived from

such funds received by a nonprofit organization which employs salaried practitioners otherwise

covered by this chapter, if such funds constitute 80 percent or more of the organization's receipts.

Location or office means any structure or vehicle where a business, profession, or occupation is conducted,

but shall not include a temporary or construction work site which serves a single customer or project or a vehicle

used for sales or delivery by a business or practitioner of a profession or occupation which has a location or

office. The renter's or lessee's location which is the site of personal property which is rented or leased from

another does not constitute a location or office for the personal property's owner, lessor, or the agent of the owner

or lessor. The site of real property which is rented or leased to another does not constitute a location of office for

the real property's owner, lessor, or the agent of the owner or lessor unless the real property's owner, lessor, or the

agent of the owner or lessor, in addition to showing the property to prospective lessees or tenants and performing

maintenance or repair of the property, otherwise conducts the business of renting or leasing the real property at

such site or otherwise conducts any business, profession, or occupation at such site.

Occupation tax means a tax levied on persons, partnerships, corporations or other entities for engaging in

an occupation, profession or business for revenue raising purposes.

Person wherever used in this article shall be held to include sole proprietors, corporations, partnerships,

nonprofits or any other form of business organization, but specifically excludes charitable nonprofit

organizations which provide proof of a federal nonprofit identification number.

Practitioner of profession or occupation is one who by state law requires state licensure regulating such

profession or occupation.

Practitioners of professions and occupations shall not include a practitioner who is an employee of a

business if the business pays an occupation tax.

Regulatory fees means payments, whether designated as license fees, permit fees or by another name,

which are required by a local government as an exercise of its police power and as a part of or as an aid to

regulation of an occupation, profession or business. The amount of a regulatory fee shall approximate the

reasonable cost of the actual regulatory activity performed by the city. A regulatory fee may not include an

administrative fee. Development impact fees as defined by O.C.G.A. § 36-71-2(8) or other costs or conditions of

zoning or land development are not regulatory fees.

(Code 1988, § 18-2; Ord. of 12-27-1994, § 2) State Law References: Occupational license definitions, O.C.G.A. § 48-13-1.

Sec. 70-23. Administrative and regulatory fee structure; occupation tax structure.

(a) A non-prorated, nonrefundable administrative fee of $50.00 shall be required on all business

occupation tax accounts for the initial start up, renewal or reopening of those accounts.

(b) A regulatory fee will be imposed as provided under O.C.G.A. § 48-13-9 on those applicable

businesses. The regulatory fee does not include an administrative fee.

426

(c) The regulatory fee schedule for persons in occupations and professions is as follows:

(1) Mobile home parks, per lot, $12.00.

(2) Construction, see appendix A to the ordinance from which this section is

derived. (Code 1988, § 18-3; Ord. of 12-27-1994, § 3) State Law References: Regulatory fees, O.C.G.A. §§ 48-13-8, 48-13-9.

Sec. 70-24. Levied.

(a) Based on gross receipts; maximum amount levied. An occupation tax shall be levied upon those

businesses and practitioners of professions and occupations with one or more locations or offices

within the corporate limits of the city or upon the applicable out-of-state businesses with no

location or office in the state pursuant to O.C.G.A. § 48-13-7 based upon the gross receipts of the

business or practitioner in combination with the profitability ratio for the type of business,

profession or occupation as measured by nationwide averages derived from statistics,

classifications or other information published by the United States Office of Management and

Budget, the United States Internal Revenue Service or successor agencies of the United States.

The maximum occupation tax levied shall be $25,000.00. A table presenting the classification of

businesses into profit/tax classes is attached to the ordinance adopted December 27, 1994, as

Appendix "B."

(b) Schedule.

Profit Class Tax Rate On Gross

Receipts

Profit/Tax Class 1 .00040



(c) Restrictions.

(1) No business or practitioner shall be required to pay more than one occupation tax for

each of its locations.

(2) No occupation tax will be required upon more than 100 percent of business's gross

receipts.

(3) No occupation tax will be required on receipts on which such tax has been levied in other

localities or states.

(4) An occupation tax shall be required from real estate brokers, agents or companies whose

offices are located outside the city and sell property inside the limits of the city.

(5) An occupation tax shall not be levied in any other manner except as described in this

section.

(6) Occupational taxes are limited to the gross receipts earned in the municipality or in the

state.

(7) Out-of-state businesses with no location in the state shall be assessed occupation taxes

427

based on the gross receipts of the business as defined in O.C.G.A. § 14-13-7 (see section

70-22) which are reasonably attributed to sales or services in the state.

(Code 1988, § 18-4; Ord. of 12-27-1994, § 4; Ord. of 3-8-1999) Editors Note: Appendix B referred to in subsection (a) of this section is not set out herein but can be found on file in the city

clerk's office.

State Law References: Determination of amount of occupational license, O.C.G.A. § 48-13-9.

Sec. 70-25. Paying occupation tax of business with no location in the state.

Registration and assessment of an occupation tax is hereby imposed on those businesses and

practitioners of professions with no location or office in the state if the business' largest dollar volume of

business in the state is in the city and the business or practitioner:

(1) Has one or more employees or agents who exert substantial efforts within the jurisdiction of the

city for the purpose of soliciting business or serving customers or clients; or

(2) Owns personal or real property which generates income and which is located within the

jurisdiction of the city.

(Code 1988, § 18-5; Ord. of 12-27-1994, § 5)

Sec. 70-26. Each line of business to be identified on business registration.

The business registration of each business operated in the city shall identify the dominant line of

business that the business conducts.

(Code 1988, § 18-6; Ord. of 12-27-1994, § 6)

Sec. 70-27. Number of businesses considered operating in the city.

Where a person conducts business at more than one fixed location, each location or place shall be

considered a separate business for the purpose of the levy of an occupation tax.

(Code 1988, § 18-7; Ord. of 12-27-1994, § 7)

Sec. 70-28. Professionals, as classified in O.C.G.A. § 48-13-9(c)1--18.

(a) Practitioners of professions as described in O.C.G.A. § 48-13-9(c)(1) through (18) shall elect as

their entire occupation tax one of the following:

(1) The occupation tax based on gross receipts combined with profitability ratios as set

forth in section 70-24.

(2) A fee of $200.00 per practitioner who is licensed to provide the service, such tax to be

paid at the practitioner's office or location; provided, however, that a practitioner paying

according to this paragraph shall not be required to provide information to the local

government relating to the gross receipts of the business or practitioner. The per

practitioner fee applies to each person in the business who qualifies as a practitioner under

the state's regulatory guidelines and framework.

(3) This election is to be made on an annual basis and must be done by January 31 of each

year.

428

(b) Lawyers as described in O.C.G.A. § 48-13-9(c)(1) subject to payment of an occupation tax, as

elected in subsection (a) of this section, shall not be subject to the penalties described in section

70-36 of this article; however, the city clerk shall seek to enforce payment of an occupation

tax due the city by lawyers through any and all available legal remedies afforded by law.

(c) Nothing in this section shall be construed to waive or repeal any other requirements ordained

under this Code.

(Code 1988, § 18-8; Ord. of 12-27-1994, § 8; Amd. of 7-2003)

Sec. 70-29. Practitioners exclusively practicing for the government.

Any practitioner whose office is maintained by and who is employed in practice exclusively by the

United States, the state, a municipality or county of the state, instrumentalities of the United States, the state or a

municipality or county of the state, shall not be required to obtain a license or pay an occupation tax for that

practice.

(Code 1988, § 18-9; Ord. of 12-27-1994, § 9)

Sec. 70-30. Purpose and scope of tax.

The occupation tax levied herein is for revenue purposes only and is not for regulatory purposes, nor is the

payment of the tax made a condition precedent to the practice of any such profession, trade or calling. The

occupation tax only applies to those businesses and occupations which are covered by the provisions of

O.C.G.A. §§ 48-13-5 to 48-13-26. All other applicable businesses and occupations are taxed by the local

government pursuant to pertinent general and/or local law and ordinance.

(Code 1988, § 18-10; Ord. of 12-27-1994, § 10)

Sec. 70-31. Allocation of gross receipts of business with multiple intra or interstate locations.

For those businesses who have multiple locations inside and outside of the city where the gross receipts can

be allocated to each location, the gross receipts used to determine the occupational tax assessed will be those

gross receipts attributed to each city location. In the case were the dollar amount of gross receipts attributed

locally cannot be determined in those businesses with multiple locations, the total gross receipts will be divided

by the total number of locations in the city and elsewhere and allotted to those locations. Upon request, the

business or practitioner with a location or office situated in more than one jurisdiction shall provide to the city the

following:

(1) Financial information necessary to allocate the gross receipts of the business or practitioner; and

(2) Information relating to the allocation of the business' or practitioner's gross receipts by other

local governments.

Where the business has locations outside of the city and taxation is levied for a criteria other than gross

receipts in the other local governments, the city shall not assess more than the allotted share of gross receipts for

the local operation.

(Code 1988, § 18-11; Ord. of 12-27-1994, § 11)

Sec. 70-32. Exemption on grounds that business operated for charitable purpose.

No business on which a business registration or occupation tax is levied by this article shall be exempt

from said registration or tax on the grounds that such business is operated for a charitable purpose unless the

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organization provides proof of a federal nonprofit identification number.

(Code 1988, § 18-12; Ord. of 12-27-1994, § 12)

Sec. 70-33. Evidence of state registration required if applicable; state registration to be displayed.

(a) Each person who is licensed by the Secretary of State pursuant to O.C.G.A. tit. 43 shall provide

evidence of proper and current state licensure before the city registration may be issued.

(b) Each person who is licensed by the state shall post the state license in a conspicuous place in the

licensee's place of business and shall keep the license there at all times while the license remains

valid.

(Code 1988, § 18-13; Ord. of 12-27-1994, § 13)

Sec. 70-34. Evidence of qualification required if applicable.

Any business required to obtain health permits, bonds, certificates of qualification, certificates of

competency or any other regulatory matter shall first, before the issuance of a city business registration, show

evidence of such qualification.

(Code 1988, § 18-14; Ord. of 12-27-1994, § 14)

Sec. 70-35. When registration and tax due and payable; effect of transacting business when tax

delinquent; liability of officers and agents.

(a) Each such registration shall be for the calendar year in which the registration was obtained unless

otherwise specifically provided. Said registration and occupation tax shall be payable January 1

of each year and shall be delinquent if not paid by February 1 of each year, and be subject to

penalties for delinquency as prescribed in this article. There is hereby imposed a penalty upon

each business which fails to apply for and obtain an appropriate business registration and pay all

tax and fees as provided herein after February 1 of each year. Every person commencing business

in the city after January 1 of each year shall obtain the registration required before commencing

such business. Any person transacting or offering to transact in the city any business, trade,

profession or occupation without first having obtained said registration shall be subject to the

penalties provided in section 70-36(b). Said penalties shall be in addition to all other penalties,

civil and criminal herein provided; and may be collected by the remedies herein provided for

collection of the occupation tax, and shall have the same lien and priority as the occupation tax to

which the penalty is applied.

(b) Any person or such person's manager, agent or employee who does business in the city after the

registration for said business has been revoked as above; or is hereby required to make

occupation tax returns and fails to make said returns within the time and in the manner herein

provided; who refuses to amend such returns so as to set forth the truth; who makes false returns;

or who refuses to permit an inspection of books in their charge when an officer, agent,

employee, or representative of the city requests such inspection during the business hours of

8:00 a.m. and 5:00 p.m. for the purpose of determining the accuracy of the returns herein

provided for, shall be subject to penalties provided in this article. For those practitioners of whom

the local government cannot suspend the right to conduct business, the imposition of civil

penalties shall be permitted and pursued by the local government in the case of delinquent

payment of occupation taxes.

430

(c) In addition to the above remedies, the city manager or his designee may proceed to collect in the

same manner as provided by law for tax executions.

(Code 1988, § 18-15; Ord. of 12-27-1994, § 15; Amd. of 12-2002)

Sec. 70-36. Penalty for article violation.

(a) (1) Any person, who violates or fails to comply with any provisions of the occupational tax

ordinances of the city may, upon conviction, be punished as provided in such ordinance or

in the absence of such provision, by a fine not to exceed $500.00 for each offense and/or

imprisonment for a period not to exceed five days in the discretion of the city judge, each

day constituting a separate offense.

(2) To ensure compliance with the ordinances of the city that require the payment of special

taxes, occupational taxes and business license fees, the chief building official/code

enforcer is hereby empowered to cite violators of the various ordinances of the city

providing for business license taxes, occupation taxes and special taxes related to certain

businesses to the city municipal court. Such citations shall state the provision of the

specific ordinance allegedly violated by the individual cited by the chief building

official/code enforcer.

(3) The city municipal court is empowered to criminally prosecute persons violating the

municipal ordinances of the city by failing to pay the special taxes, occupational taxes or

business license ordinances of the city. This remedy shall be in addition to all other

remedies provided for by local law or by state law.

(b) Any person failing to obtain a renewal between January 1 and February 1 of each year, or any

person failing to obtain a business license prior to commencement of a new business, shall,

after 90 days, be liable for an additional ten percent of the amount required to be paid as a

penalty for failure to obtain the appropriate license or licenses; provided, however, that the

minimum penalty shall be $1.00. (Code 1988, § 18-16; Ord. of 12-27-1994, § 16; Amd. of 12-

2002)

Sec. 70-37. City clerk; subpoena powers.

The city clerk's office and its duly designated officers and inspectors or its successors shall be classified as

deputy business inspector with full subpoena powers in conjunction with any violation pertaining to this article.

(Code 1988, § 18-17; Ord. of 12-27-1994, § 17)

Sec. 70-38. Businesses not covered by this article.

The following businesses are not covered by the provisions of this article but may be assessed an

occupation tax or other type of tax pursuant to the provisions of other general laws of the state or by act of local

law:

(1) Those businesses regulated by the state public service commission.

(2) Those electrical service businesses organized under O.C.G.A. tit. 46, ch. 3 (O.C.G.A.

§ 46-3-1 et seq.).

431

(3) Any farm operation for the production from or on the land of agricultural products, but not

including agribusiness.

(4) Cooperative marketing associations governed by O.C.G.A. § 2-10-105.

(5) Insurance companies governed by O.C.G.A. § 3 3-8-8 et seq.

(6) Motor common carriers governed by O.C.G.A. § 46-7-15.

(7) Those businesses governed by O.C.G.A. §48-5-355, (businesses which purchase carloads of

guano, meats, meal, flour, bran, cottonseed or cottonseed meal and hulls).

(8) Agricultural products and livestock raised in the state governed by O.C.G.A. § 48-5-356.

(9) Depository financial institutions governed by O.C.G.A. § 48-6-93.

(10) Facilities operated by a charitable trust governed by O.C.G.A. § 48-13-55. (Code 1988, § 18-88;

Ord. Of 12-27-1994, § 18)

Sec. 70-39. Occupation tax inapplicable where prohibited by law or provided for pursuant to other existing

law.

An occupation tax shall not apply to the gross receipts of any part of a business where such levy is

prohibited or exempted by the laws of the state or of the United States.

(Code 1988, § 18-19; Ord. of 12-27-1994, § 19)

Sec. 70-40. Occupation taxes levied on business to be transacted during calendar year; filing of returns

showing gross receipts during preceding calendar year.

(a) All occupation taxes levied by this article are levied on the amount of business to be transacted

during the calendar year. However, for convenience of both the city and the taxpayer and to

eliminate the necessity of making numerous returns, those businesses subject to the occupation

tax levied in section 70-24 hereof shall, on or before the times hereinafter set forth, file with the

city clerk the returns hereinafter specifically provided for, showing the gross receipts of that

business during the preceding calendar year. This return shall be used as an estimate for making

payments on the occupation tax for current calendar year. The actual and final amount of tax

levied for business transacted in a current calendar year shall be paid in accordance with a final

return to be made after the end of the year, in accordance with the procedure hereinafter set forth.

(b) The owner, proprietor, manager or secretary officer of the business subject to said occupation tax

of the current calendar year shall at the end of the preceding year and on or before February 1 of

the current calendar year, file with the city clerk on a form furnished by the city clerk, a signed

return setting forth the amount of gross receipts of such business for the entire preceding calendar

year to be used as an estimate of the gross receipts for the current year.

(c) Where a business subject to the occupation tax for the calendar year has been conducted for only a

part of the preceding year, the amount of gross receipts for such part shall be set forth in said

return. Said return shall also show a figure putting the receipts for such part of a year on an

annual basis, which figure shall bear the same ratio to the amount of gross receipts for such part

432

year as the full year bears to such part. Said figure shall be used as the estimate of the gross

receipts of the business for the current calendar year. (Code 1988, § 18-20; Ord. of 12-27-1994, §

20; Amd. of 12-2002)

Sec. 70-41. Filing of return showing actual gross receipts during calendar year; procedure where taxes

overpaid or underpaid.

(a) On or before February 1 of each year, the owner, proprietor, manager or executive officer of the

business liable for said occupation tax levied for the year shall file with the city clerk on a form

furnished by the city clerk a signed return setting forth the actual amount of the gross receipts of

such business during the preceding calendar year.

(b) If the amount of the occupation tax for the preceding year based on the return provided for in this

section and on the rate of said tax provided for in this article exceeds the amount of occupation

tax theretofore paid by said business based on the estimate filed pursuant to section 70-40 hereof,

the difference in said amount shall be due and payable by the taxpayer to the city on January 1 of

the current year and delinquent if not paid on or before February 1.

(c) If the amount of the occupation tax for the preceding year based on the return provided for in this

section and on the rate of said tax provided for in this article is less than the amount of occupation

tax theretofore paid by said business based on the estimate filed pursuant to section 70-40, the

difference in said amount shall be refundable by the city to the taxpayer; or, if said business

continues to be conducted in said city during the current year, such difference in any amount may

be credited by the city on the amount of occupation tax to be paid to the city by said business for

the current year. This election is to be taken by the city. (Code 1988, § 18-21; Ord. of 12-27-

1994, § 21; Amd. of 12-2002)

Sec. 70-42. When occupation tax due and payable; payment options.

The amount of occupation tax shall be payable to the city at the office of the city clerk on January 1 of

each year and is delinquent if not paid on or before February 1 of each year.

(Code 1988, § 18-22; Ord. of 12-27-1994, § 22; Amd. of 12-2002)

Sec. 70-43. Payment of occupation tax by newly established businesses.

In the case of a business subject to occupation tax for a calendar year which was not conducted for any

period of time in the corporate limits of the city in the preceding year, the owner, proprietor, manager or

executive officer of the business liable for occupation tax shall estimate the gross volume of revenue from

commencing date to the end of the calendar year.

(Code 1988, § 18-23; Ord. of 12-27-1994, § 23)

Sec. 70-44. More than one place or line of business.

Where a business is operated at more than one place or where the business includes more than one line,

said business will pay an occupation tax in accordance with the prevailing taxing method and tax rate for the

dominant line at each location.

(Code 1988, § 18-24; Ord. of 12-27-1994, § 24)

Sec. 70-45. Returns confidential.

433

Except in the case of judicial proceedings or other proceedings necessary to collect the occupation tax

hereby levied, it shall be unlawful for any officer, employee, agent or clerk of the city or any other person to

divulge or make known in any manner the amount of gross receipts or any particulars set forth or disclosed in any

occupation tax return required under this article. All contents of said return shall be confidential and open only to

the officials, employees, agents or clerks of the city using said returns for the purpose of this occupation tax levy

and the collection of the tax. Independent auditors or bookkeepers employed by the city shall be classed as

"employees." Nothing herein shall be construed to prohibit the publication by the city officials of statistics, so

classified as to prevent the identification of particular reports or returns and items thereof, or the inspection of the

records by duly qualified employees of the tax departments of the state or of the United States, and other local

governments.

(Code 1988, § 18-25; Ord. of 12-27-1994, § 25)

Sec. 70-46. Inspections of books and records.

In any case the city clerk, through its officers, agents, employees or representatives, may inspect the

books of the person or business for which the returns are made. The city clerk shall have the right to inspect the

books or records of the business for which the return was made in the city and upon demand of the city clerk such

books and records shall be submitted for inspection by a representative of the city within 30 days. Failure to

submit such books or records within 30 days shall be grounds for revocation of the tax registration currently

existing to do business in the city. Adequate records shall be kept in the city for examination by the city clerk at her

discretion. If, after examination of the books or records, it is determined that a deficiency occurs as a result of

underreporting, a penalty of ten percent per month shall be assessed for the period delinquent. (Code 1988, § 18-

26; Ord. of 12-27-1994, § 26)

Sec. 70-47. Tax registration to be revoked for failure to pay tax, file returns, permit inspection of books.

Upon the failure of any business to pay said occupation tax or any part thereof before it becomes

delinquent or upon failure to make any of said returns within the time required herein, or upon failure to make a

true return, or upon failure to amend a return to set forth the truth, or upon failure to permit inspection of its

books as provided above, any business tax registration granted by the city under this article permitting the owner

of said business to do business in the city for the current year shall be, ipso facto, revoked. No new business tax

registration shall be granted by the city for the operation of a business for which any part of the occupation tax

herein provided for is at that time unpaid, or to an individual, firm or corporation who has failed to submit

adequate records as requested by the city clerk in accordance with provisions found in section 70-41. For those

practitioners of whom the local government cannot suspend the right to conduct business, the imposition of civil

penalties shall be permitted and pursued by the local government in the case of delinquent payment of occupation

taxes.

(Code 1988, § 18-27; Ord. of 12-27-1994, § 27)

Sec. 70-48. Lien taken for delinquent occupation tax.

In addition to the other remedies herein provided for the collection of the occupation tax herein levied, the

city clerk, upon any tax or installment of said tax becoming delinquent and remaining unpaid, shall issue

execution for the correct amount of said tax against the persons, partnership or corporation liable for said tax,

which said execution shall bear interest at the rate of 12 percent per annum from the date when such tax or

installment becomes delinquent, and the lien shall cover the property (in the city) of the person, partnership or

corporation liable for said tax, all as provided by the ordinances and charter of said city and the laws of the state.

The lien of said occupation tax shall become fixed on and date from the time when such tax or any installment

thereof becomes delinquent. The execution shall be levied by the city clerk upon the property of defendant

434

located in said city, and sufficient property shall be advertised and sold to pay the amount of said execution with

interest and costs. All other proceedings in relation thereto shall be had as is provided by ordinances and charter

of said city and the laws of the state, and the defendant in said execution shall have rights of defense, by affidavit

of illegality and otherwise, which are provided by the charter of said city and the laws of the state in regard to tax

executions. When a nulla bona entry has been entered by proper authority upon an execution issued by the city

clerk against any person defaulting on the occupation tax, the person against whom the entry was made shall not

be allowed or entitled to have or collect any fees or charges whatsoever for services rendered after the entry of

the nulla bona. If, at any time after the entry of nulla bona has been made, the person against whom the execution

issues pays the tax in full together with all interest and costs accrued on the tax, the person may collect any fees

and charges due him or her as though he or she had never defaulted in the payment of the taxes.

(Code 1988, § 18-28; Ord. of 12-27-1994, § 28)


It is hereby made the duty of the city clerk to see that the provisions of this article relating to occupation

taxes are observed; and to summon all violators of the same to appear before the city municipal court. It is hereby

made the further duty of the city clerk and his agents to inspect all registrations issued by the city, as often as in

their judgment it may seem necessary to determine whether the registration held is the proper one for the business

sought to be transacted thereunder.

(Code 1988, § 18-30.1; Ord. of 12-27-1994, § 31)

Sec. 70-50. Requirement of public hearing before tax increase.

After January 1, 1996, the city council shall conduct at least one public hearing before adopting any

ordinance or resolution which will increase the rate of occupation tax as set forth in this article. (Code 1988,

§ 18-30.3; Ord. of 12-27-1994, § 33)

Sec. 70-51. Conflicts between specific and general provisions.

Where there is an apparent conflict in this article between specific and general provisions, it is the

intention hereof that the specific shall control.

(Code 1988, § 18-30.5; Ord. of 12-27-1994, § 35)


ARTICLE III.

INSURERS




Insurer means a company which is authorized to transact business in the classes of insurance designated in

O.C.G.A. § 33-3-5.

(Amd. of 11-12-2001, § 18-31)

Sec. 70-77. Insurer license fees.

435

There is hereby levied for the year 2002 and for each year thereafter an annual license fee upon each

insurer doing business within the city in the amount of $75.00. For each separate business location in excess of one

not covered by section 70-78, which is operating on behalf of such insurers within the city, there is hereby levied

a license fee in the amount of $75.00.

(Amd. of 11-12-2001, § 18-32)

State Law References: Annual license fee, O.C.G.A. § 33-8-8.

Sec. 70-78. License fee for insurers insuring certain risks at additional business locations.

For each separate business location, not otherwise subject to a license fee hereunder, operated and

maintained by a business organization which is engaged in the business of lending money or transacting sales

involving term financing and in connection with such loans or sales offers, solicits or takes application for

insurance through a licensed agent of an insurer for insurance said insurer shall pay an additional license fee of

$26.25 per location for the year 2002 and for each year thereafter.

(Amd. of 11-12-2001, § 18-33)

Sec. 70-79. Gross premiums tax imposed on life insurers.

There is hereby levied for the year 2002 and for each year thereafter an annual tax based solely upon

gross direct premiums upon each insurer writing life, accident and sickness insurance within the state in an

amount equal to one percent of the gross direct premiums received during the preceding calendar year in

accordance with O.C.G.A. § 33-8-8.1. Gross direct premiums as used in this section shall mean gross direct

premiums as used in O.C.G.A. § 3 3-8-4. The premium tax levied by this section is in addition to the license fees

imposed by section 70-77 of this article.

(Amd. of 11-12-2001, § 18-34)

Sec. 70-80. Gross premiums tax, all other insurers.

There is hereby levied for the year 2002 and for each year thereafter an annual tax based solely upon

gross direct premiums upon each insurer, other than an insurer transacting business in the class of insurance

designated in O.C.G.A. § 33-3-5(1), doing business within the state in an amount equal to 2.5 percent of the gross

direct premiums received during the preceding calendar year, in accordance with O.C.G.A. § 3 3-8-8.2. Gross

direct premiums as used in this section shall mean gross direct premiums as used in O.C.G.A. § 3 3-8-4.

The premium tax levied by this section is in addition to the license fees imposed by section 70-77 of this article.

(Amd. of 11-12-2001, § 18-35)

Sec. 70-81. Due Date for license fees.

License fees imposed in sections 70-77--70-79 of this article shall be due and payable on the first day of

2002 and on the first date of each subsequent year.

(Amd. of 11-12-2001, § 18-36)


ARTICLE IV.

FINANCIAL INSTITUTIONS

Sec. 70-106. Occupation tax.

436

Pursuant to O.C.G.A. § 48-6-93, there is hereby levied annually an occupation tax upon state and

national banking associations, state trust companies, federal savings and loan associations, credit unions, and

state building and loan associations at the rate of 0.25 percent of the gross receipts of such institutions. Gross

receipts shall mean gross receipts as defined in O.C.G.A. § 48-6-93. Notwithstanding any other provisions of this

section, the minimum amount of occupation tax due from any depository financial institution pursuant to this

section shall be $1,000.00.

(Code 1988, § 18-221; Ord. of 5-13-1996)

Sec. 70-107. Filing of returns.

Each depository financial institution located in the city shall file a return of its gross receipts with the

city on March 1 of the year following the year in which such gross receipts were measured. Such returns shall

be in the manner and in the form prescribed by the commissioner of the state department of banking and shall

be based upon the allocation method set forth in O.C.G.A. § 48-6-93(d). The tax levied pursuant to this article

shall be assessed and collected based upon the information provided in such return.

(Code 1988, § 18-222; Ord. of 5-13-1996)

Sec. 70-108. Due date.

The due date of the occupation taxes levied by this article shall be April 15 of each year.

(Code 1988, § 18-223; Ord. of 5-13-1996)

Secs. 70-109--70-130. Reserved.

ARTICLE V.

PSYCHIC READING, FORTUNE TELLING AND RELATED PRACTICES

Sec. 70-131. Occupation tax certificate required.

(a) All persons, firms or corporations desiring to engage in the business, trade or profession of psychic

reading, fortune telling, astrology, phrenology, palmistry, clairvoyance, or related practices where a

charge is made, or a donation is accepted for services; shall, before engaging in such business,

trade or profession, make application for an occupation tax certificate in the form and manner

prescribed by the ordinances of the city.

(b) The application shall include but shall not be limited to the information required on all

occupation tax returns.

(Code 1988, § 14-5; Ord. of 6-11-2001; Amd. of 7-2002(a))

Sec. 70-132. Maintenance of records.

(a) It shall be the duty of all persons holding an occupation tax certificate under this article to

annually file, along with the renewal application for the occupation tax certificate, the names of all

employees, their home address, home telephone number and places of employment. The holder

of an occupation tax certificate issued under the provisions of this article must additionally

report changes in the list of employees with the names and required supplemental information

for new employees to be filed with the licensing and revenue manager within ten days from the

date of such change.

437

(b) It shall be the duty of any person granted a certificate under this article to maintain correct and

accurate records of the name and address of the persons receiving services at such

establishment; the type of services administered; and the name of the person at the establishment

administering the services. The records shall be subject to inspection at any time by the city

manager, or designee, or the county police. These records shall not be a public record.

(c) It shall be unlawful for any person under the age of 18 to patronize any psychic, fortune teller or

related establishment. It shall be the duty of the holder of an occupation tax certificate to

determine the age of the person attempting to patronize an establishment and to prohibit such

patronage by an underage person.

(d) Records required to be maintained under this article shall be kept for a minimum of two years

beyond the expiration date of an occupation tax certificate. Records shall be made available to the

city manager, or designee at the business location within ten business days of any such request.

(Code 1988, § 14-5; Ord. of 6-11-2001; Amd. of 7-2002(b))


Sworn officers of the county police department shall have the authority to inspect establishments

registered under this article during the hours in which the premises are open for business. Such inspection shall be

made for the purpose of verifying compliance with the requirements of this article. This section is not intended to

limit the authority of the city manager or any other city officer to conduct inspections authorized by other

provisions of the Code.

(Code 1988, § 14-5; Ord. of 6-11-2001; Amd. of 7-2002(c))

Sec. 70-134. Restrictions on owners and employees.

No occupation tax certificate shall be granted to and no person shall be employed at the business who is

under the age of 18 or who has been convicted, pled guilty or entered a plea of nolo contendere under any federal,

state or local law of any crime involving moral turpitude, illegal gambling, any felony, criminal trespass, public

indecency, misdemeanor involving any type of sexual related crime, any theft or violence against person or

property, any crime of possession, sale, or distribution of illegal drugs, distribution of material depicting nudity or

sexual conduct as defined under state law, criminal solicitation to commit any of these listed offenses, attempts to

commit any of these listed offenses, for a period of ten years prior to the date of application for such certificate.

(Code 1988, § 14-5; Ord. of 6-11-2001; Amd. of 7-2002(d))


A violation of this article shall be punishable by a fine of not less than $100.00 and not more than

$1,000.00 and each day of violation shall constitute a separate offense.

(Code 1988, § 14-5; Ord. of 6-11-2001; Amd. of 7-2002(e))

Chapters 71--73

RESERVED

Chapter 74

UTILITIES*

438

* State Law References: Constitutional grant of home rule powers, Ga. Const. art. IX, § II; specific grant

of constitutional authority relative to municipal utilities, Ga. Const. art. IX, § II, ¶ III(a)(2), (a)(7), (a)(8);

statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; authority to acquire water and sewer systems,

O.C.G.A. § 36-35-4.

Article I. In General Sec.

Sec. 74-1. Cross-connections and backflow prevention.


Article II. Prevention of Damage to Underground Utilities Sec. 74-

21. Definitions.

Sec. 74-22. Prohibition.

Sec. 74-23. Filing requirements of utility operators.

Sec. 74-24. Notice of intent to excavate or demolish--Required; time; information; records. Sec. 74-

25. Same --Response to notice.

Sec. 74-26. Emergency excavation or demolition.

Sec. 74-27. Precautions to avoid damage.

Sec. 74-28. Excavation or demolition damage.

Sec. 74-29. Permit not to relieve responsibility for compliance.

Sec. 74-30. Civil penalties.


Article III. Fees and Charges Sec.

74-52. Gas and water deposit fees.

Sec. 74-53. Gas rates.

Sec. 74-54. Delinquent service bills.

Sec. 74-55. Lighting of pilot lights.


Article IV. On-Site Sewage Management Systems Sec.

74-70. Administration and enforcement.



Sec. 74-73. On-site sewage management system required.

Sec. 74-74. Construction permit--Required.

Sec. 74-75. Same --Issuance or denial.


Sec. 74-77. Maintenance.

Sec. 74-78. Prohibited discharge.

Sec. 74-79. Design limits on conventional septic tank systems.

Sec. 74-80. Submission of plans, specifications, and soil data.

Sec. 74-81. Soil data acceptability.

Sec. 74-82. License, bond and certificate required.

Sec. 74-83. Repair or alteration.

Sec. 74-84. Sewers.

Sec. 74-85. Septic tanks.

Sec. 74-86. Distribution boxes and dosing tanks.

Sec. 74-87. Absorption fields.

Sec. 74-88. Privies; minimum design and construction.

Sec. 74-89. Alternative and experimental on-site management systems and site modifications.

Sec. 74-90. Percolation tests and test borings.

Sec. 74-91. Septage removal and disposal.

Sec. 74-92. Grease traps.

Sec. 74-93. Sewage flow.

Sec. 74-94. Subdivision and mobile home parks--Development requirements.

Sec. 74-95. Same --Water and sewage.

ARTICLE I.

IN GENERAL

439

Sec. 74-1. Cross-connections and backflow prevention.

(a) Program of inspections. A program of cross-connection and backflow inspections at the

residential level is hereby enacted in order to ensure water system safety.

(b) Inspection of new water systems. The city shall have the city plumbing inspector inspect each new

water system for possible cross-connections and for the proper installation of all required

backflow devices. (Dual-checks at the meter, hose bibb vacuum breakers on all outside sill cocks

and at least one pressure relief valve to prevent thermal expansion damage due to the system now

being contained.)

(c) Installation of devices. The city plumbing inspector shall make sure that all devices are properly

installed and that all work is in compliance with the Georgia and Sugar Hill plumbing codes.

(d) Certificate of plumbing code compliance required. A certificate of plumbing code compliance,

signed by the licensed plumber who did the work, and the builder, must be presented to the

inspection department before a certificate of occupancy will be issued.

(Code 1988, § 25-1; Ord. of 12-12-1988)


ARTICLE II.

PREVENTION OF DAMAGE TO UNDERGROUND UTILITIES*

* State Law References: Georgia Utility Facility Protection Act, O.C.G.A. § 25-9-1 et seq.


For the purpose of this article, the following words and terms shall have the meanings respectively

ascribed:

Damage includes the substantial weakening of structural or lateral support of an underground utility,

penetration or destruction of any protective coating, housing or other protective devices of any underground

utility, and the partial or complete severance of an underground utility.

Demolish or demolition means any operation by which a structure or mass of material is wrecked, razed,

rendered, moved or removed by means of any tools, equipment or discharge of explosives.

Excavate or excavation means any operation for the purpose of the movement or removal of earth, rock or

440

other materials, in or on the ground by use of mechanized equipment or by discharge of explosives, and

including auguring, backfilling, digging, ditching, drilling, grading, plowing- in, pulling- in, ripping, scraping,

trenching and tunneling, but not including the tilling of soil for agricultural purposes.

Mechanized equipment means equipment operated by means of mechanical power including trenchers,

bulldozers, power shovels, augurs, backhoes, scrapers, drills, cable and pipe plows and other equipment used

for plowing- in or pulling- in cable or pipe.

Operator means any person who owns or operates a utility.

Person means any individual; any corporation, partnership, association, or any corporation, partnership,

association, or any other entity organized under the laws of any state, or any county, any subdivision or

instrumentality of a state; and any employee, agent or legal representative thereof.

Utility means any line, system or facility used for producing, storing, conveying, transmitting or

distributing communication, electricity, gas, petroleum products, hazardous liquids, water, steam or sewage.

Working day means every day, except Saturday, Sunday and national and legal state holidays.

(Code 1988, § 25-21)

Sec. 74-22. Prohibition.

Except as provided in section 74-26, no person may excavate in a street, highway, public space, a private

easement of an operator, or near the location of a utility installed on the premises of a customer served by such

utility, or demolish a building without having first ascertained, in the manner prescribed in sections 74-24 and 74-

25, the location of all underground utilities in the area that would be affected by the proposed excavation or

demolition.

(Code 1988, § 25-22)

Sec. 74-23. Filing requirements of utility operators.

(a) Each operator having underground utilities in this city or in areas served by utilities of the city

shall file with the city clerk a list containing the name of every city, village, township and section

within the township in the county in which it has underground utilities (including those utilities that

have been abandoned in place by the operator but not yet physically removed), the name of the

operator and the name, title, address and telephone number of its representatives designated to

receive the written and or telephonic notice of intent required by section 74-24.

(b) Changes in any of the information contained in the list filed under paragraph (a) above shall be

filed by the operator with the city clerk within five working days of the change.

(Code 1988, § 25-23)

Sec. 74-24. Notice of intent to excavate or demolish--Required; time; information; records.

(a) Except as provided in section 74-2 6, before commencing any excavation or demolition operation

designated in section 74-22, each person responsible for such excavation or demolition shall serve

written or telephonic notice of intent to excavate or demolish at least three, but not more than ten,

441

full working days on each operator which has filed a list required by section 74-2 3 indicating that it

has underground utilities located in the proposed area of excavation or demolition.

(b) The written or telephonic notice required by paragraph (a) above must contain the name, address

and telephone number of the person filing the notice of intent and, if the person responsible for the

excavation or demolition, the starting date, anticipated duration, and type of excavation or

demolition operation to be conducted, the location of the proposed excavation or demolition, and

whether or not explosives are to be used.

(c) If the notification required by this section is made by telephone, an adequate record of such

notification shall be maintained by the operator notified to document compliance with the

requirements of this article.

(Code 1988, § 25-24)

Sec. 74-25. Same--Response to notice.

(a) Each operator or designated representative notified in accordance with section 74-24 shall, not

less than two working days in advance of the proposed excavation or demolition (unless a

shorter period is provided by agreement between the person responsible for the excavation or

demolition and the operator or designated representative), supply, by use of maps when

appropriate, the following information to the person responsible for the excavation or

demolition:

(1) The approximate location and a description of all of its underground utilities which

may be damaged as a result of the excavation or demolition;

(2) The location and description of all utility markers indicating the approximate location

of the underground utilities; and

(3) Any other information that would assist that person in locating and thereby avoiding

damage to the underground utilities, including providing adequate temporary markings

indicating the approximate location of the underground utility in locations where permanent

utility markers do not exist.

(b) For purposes of this section the approximate location of underground utilities is defined as a strip of

land at least three feet wide but not wider than the width of the utility, plus 1.5 feet on either side

of the utility.

(Code 1988, § 25-25)

Sec. 74-26. Emergency excavation or demolition.

Compliance with the notice requirements of section 74-24 is not required of persons responsible for

emergency excavation or demolition to ameliorate an imminent danger to life, health or property; provided,

however, that such persons give, as soon as practicable, oral notice of the emergency excavation or demolition to

each operator having underground utilities located in the area where such excavation or demolition is to be

performed and requests emergency assistance from each operator so identified in locating and providing

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immediate protection to its underground utilities. An imminent danger to life, health or property exists

whenever there is a substantial likelihood that loss of life, health or property will result before the procedures

under sections 74-24 and 74-25 can be fully complied with.

(Code 1988, § 25-26)

Sec. 74-27. Precautions to avoid damage.

In addition to the notification requirements of section 74-24, each person responsible for any excavation or

demolition, operation designated in section 74-22 shall:

(1) Plan the excavation or demolition to avoid damage to or minimize interference with underground

utilities in and under the construction area;

(2) Maintain a clearance between an underground utility and the cutting edge or point of any

mechanized equipment, taking into account the known limit of control of such cutting edge or

point, as may be reasonably necessary to avoid damage to such utility; and

(3) Provide such support for underground utilities in and near the construction area, including

backfill operations, as may be reasonably necessary for the protection of such utilities.

(Code 1988, § 25-27)

Sec. 74-28. Excavation or demolition damage.

(a) Except as provided by paragraph (b) below, each person responsible for any excavation or

demolition operation designation in section 74-22 that results in any damage to any underground

utility shall, immediately upon discovery of such damage, notify the operator of such utility of the

location and nature of the damage and shall allow the operator reasonable time to accomplish

necessary repairs before completing the excavation or demolition in the immediate area of such

utility.

(b) Each person responsible for any excavation or demolition operation designated in section 74-22

that results in damage to an underground utility permitting the escape of any flammable, toxic or

corrosive gas or liquid shall, immediately upon discovery of such damage, notify the operator,

the police and fire departments, and take any other action as may be reasonably necessary to

protect persons and property and to minimize the hazards until arrival of the operator's personnel

or the police and fire departments. (Code 1988, § 25-28)

Sec. 74-29. Permit not to relieve responsibility for compliance.

A permit issued pursuant to law authorizing excavation or demolition operations shall not be deemed to

relieve a person from the responsibility for complying with the provisions of this article.

(Code 1988, § 25-29)


Any person who violates any provision of this article shall be subject to a civil penalty of not to exceed

$1,000.00 for each such violation. Actions to recover the penalty provided for in this section shall be brought by the

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city attorney at the request of any person in the city in which the cause, or some part thereof, arose or in which

the defendant has its principal place of business or resides. All penalties recovered in any such actions shall be

paid into the general fund of the city. This article does not affect any civil remedies for personal injury or

property damage, except as otherwise specifically provided for in this article.

(Code 1988, § 25-30)


ARTICLE III.

GAS UTILITY

Sec. 74-52 Definitions.

As used in this article, unless the context clearly requires otherwise, the following words or phrases shall have the

following meanings:

Homeowner(s) means any natural person who owns a parcel of land, occupies or uses the land for residential

purposes, is the recipient of the gas utility bill and makes the payment of said bill. The City shall require proof of

ownership in the form of a deed recorded in the records of the Superior Court of Gwinnett County.

Renter(s) means any natural person, corporation, partnership, company or legal entity that resides in or occupies a

property owned by another natural person, corporation, partnership, company or legal entity.

Commercial customer means any property occupied or used by any natural person, corporation, partnership,

company, homeowners’ association or legal entity for a non-residential purpose.

Any other words or phrases not specifically defined herein shall have the common, ordinary, dictionary meaning.

Section 74-53. Gas deposit fees.

(a) The minimum schedule of deposit fees for connection to the city’s gas system shall be as follows:

Gas Deposit for gas service shall be $150.00.

(b) Homeowners shall be eligible for refund of the required gas deposit after eighteen (18) months of

satisfactory payments if during that period:

(1) They do not have more than three (3) delinquent payments;

(2) They do not have more than one (1) payment returned for insufficient (non-sufficient)

funds:

(3) They have not been locked off for non-payment.

If the homeowner has failed to comply with (1) or (2) above, the homeowner shall begin

another eighteen (18) month period. If the homeowner has failed to comply with (3)

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above, the homeowner shall not be eligible for refund of the gas deposit until their account

is terminated. If the above terms are complied with, the gas deposit refund may be applied

to the customer’s utility account or the city may issue and mail a refund check.

(c) Renters shall not be eligible for a gas deposit refund unless they move out of the City. The gas

deposit will be applied to the renter’s final billing, and if a credit remains after application of the

gas deposit to the final bill, the City will mail a refund check for the credit balance.

(d) Commercial customers shall not be eligible for a gas deposit refund until the service is terminated

and all outstanding balances have been paid. The deposit for a commercial customer may be

applied toward the final billing statement or any outstanding balances of said customer.

January 17, 2013

Section 74-54. Gas rates.

(a) All customers shall be charged a base rate of $13.00 per month regardless of the amount of natural

gas consumed by the customer plus any applicable state and local taxes.

(b) The rate to be charged to the customer per MCF shall be calculated by averaging the amount per

MCF shown on the Billing Rate Notice from the Municipal Gas Authority of Georgia to the city

for the preceding month with the amount per MCF shown on the Billing Rate Notice from the

Municipal Gas Authority of Georgia to the City for the current month and adding $1.00 per MCF

to that average rate. Example:

(1) Rate for preceding month from Billing Rate Notice: $8.00 per MCF;

(2) Rate for current month from Billing Rate Notice: $12.00 per MCF;

(3) Rate for current month for customer: $8.00 + $12.00 2 = $10.00 per MCF + $1.00 per

MCF = $11.00 per MCF plus base rate of $13.00 and any applicable state and local taxes.

(c) Each year the City Council shall set as part of the City’s Annual Budget an anticipated revenue

figure for its gas system. This anticipated revenue figure shall be sufficient to cover that year’s

anticipated expenses for the gas system and transfers to the general fund. Once revenue from the

gas system has reached the anticipated revenue figure, the rate to calculate the monthly gas bill

shall be altered for the remainder of that calendar year. The formula shall be altered in the

following manner: reduce the $1.00 per MCF charge to $0.50 (fifty cents) per MCF. Example:

(1) Anticipated Revenue: $1,000,000.00;

(2) Revenue reached as of October 1: $1,000,000.00 and actual expenditures have not

exceeded the budgeted amount;

(3) New gas formula for the months of November and December:

Preceding month: $8.00 per MCF

Current month: $12.00 per MCF

Rate of current month: $8.00 + $12.00 2 = $10.00 per MCF +

$0.50 per MCF = $10.50 per MCF plus base rate of $13.00 and

any applicable state and local taxes.

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(d) The rate charged to customers residing inside the municipal boundaries of the city and to

customers residing outside of the municipal boundaries of the city shall be the same. This section

shall not change or have any effect on any other administrative or operational fees presently

charged by the City in connection with natural gas consumption including, but not limited to, cut

off fees, reconnection fees, deposits or other such charges.

Section 74-55. Delinquent service bills.

(a) Past Due. Any utility account for which payment in full has not been received by the City on or

before the due date listed on said account’s billing statement shall be defined as “past due”.

(b) Late fees. All past due accounts shall be assessed a late fee of ten percent (10%) of the account’s

total due balance.

(c) Past due/disconnect notice. Any utility account which has a past due status is subject to

disconnect as outlined in this article and as printed on utility billing statements. The City may, at

its discretion, post a disconnect notice, via a door hanger, at least 24 hours prior to disconnection

of any utility services. The City shall not be required to provide any notice to utility customers

prior to disconnecting utility service.

(d) Disconnection. Any customer having a past due account shall have their utilities disconnected if

alternate arrangements have not been made with the City Clerk or other utility office personnel. If

any customer utilizing the payment plan fails to comply with it, their utilities will be disconnected

without notice and not reinstated until all due balances are received by the City.

(e) Utility service reinstatement. Any customer, whose utilities have been disconnected, under this

section, may have their utility service reinstated after paying a $50.00 reconnection fee and all

outstanding account balances. In order to have utility service reinstated, the customer shall

arrange an appointment, between 8:30 a.m. and 4:00 p.m. Monday through Friday, excluding City

holidays, at which time a person over the age of 18 must be present at the home. If the customer

cannot arrange an appointment during the hours stated above, an outside-of-business-hours fee in

an additional amount of $35.00 shall be charged to the customer.

Section 74-56. Lighting of pilot lights.

The City shall provide for the lighting of pilot lights, by qualified gas personnel, for all households whose

gas service is provided by the City. This service shall be provided at no cost to the gas customer, provided that

the applicable appliance has been correctly installed according to the manufacturer’s installation requirements

and provided that the appliance, and its installation, meets or exceeds all ordinances and regulations applicable to

the household. This service shall not be provided free of charge to customers who voluntarily disconnect their

service during seasonal periods, unless said customer is either handicapped, disabled or is over the age of sixty-

five (65). In all other cases, normal service reconnect charges will apply.

Section 74-57. Maintenance of metering devices.

Owners and lessees who are customers of the City of Sugar Hill Gas Utility shall keep meters for the gas

utility clear from obstruction so that the meter may easily be read by city employees. Shrubs, plants and other

landscaping shall be no closer than two (2) feet from a gas utility meter and a clear method of access shall be

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provided for City employees to read the meter. Any animal maintained on the property shall be kept within a

fenced enclosure at least two (2) feet from the gas utility meter or shall be secured so that the animal is not within

ten (10) feet of any gas utility meter. If any gas utility meter is obstructed from access to a City employee, the

City shall notify the property owner or lessee and demand that the obstruction be removed. The owner or lessee

shall within seven (7) days of the date appearing on the notice remove any such obstruction so that the meter may

be read. If the owner or lessee fails to remove the obstruction within seven (7) days, the City shall relocate the

meter to a location outside of the obstruction. The entire cost of such relocation shall be billed to the owner or

lessee as part of their regular utility bill.

Section 74-58. Meter/tampering.

The gas meter and all gas utility lines, pipes or equipment existing or installed, which make up the City’s

gas utility system, through the point of the customer’s meter shall be the property of the City and shall be subject

to reasonable regulation by the City. All lines, pipes and equipment from the customer’s meter throughout the

remainder of their property shall be the responsibility of the customer. Any customer, person, or individual

found cutting off, disconnecting or tampering with a gas utility meter, line, pipe or equipment that is the property

of the City shall be subject to a tampering fee of $300.00

(Code Amd. 7-14-08)

Secs. 74-59. Identity Theft Prevention Program.

(a) Findings. The Federal Trade Commission (“FTC”) requires every utility, including public gas

systems, to implement an Identity Theft Prevention Program (“ITPP”). The FTC requirement and

regulation is necessary because of Section 114 of the Fair and Accurate Credit Transactions Act

(“FACT Act”). The FTC has set forth the ITPP requirement in 16 C.F.R. § 681.2. Identify theft is

defined as a fraud committed or attempted using identifying information of another person without

authority. The City of Sugar Hill (“City”) adopts the program set forth in this Section to comply

with FTC rules and regulations. In drafting its ITPP, the City has considered: (1) the methods it

provides to open its accounts; (2) the methods it provides to access its accounts; and (3) its

previous experiences with identity theft. Based on these considerations, the governing authority of

the City hereby determines that the City is a low to moderate risk entity and as a result develops

and implements the streamlined ITPP set forth in this Section. Further, the City determines that

the only covered accounts offered by the City are those under its utilities (gas, stormwater, etc.).

(b) Red Flags. The FTC regulations identify numerous red flags that must be considered in adopting

an ITPP. The FTC has defined a red flag as a pattern, practice, or specific activity that indicates

the possible existence of identity theft. The City identifies the following red flags from the

examples provided in the regulations of the FTC:

(1) Notifications from Consumer Reporting Agencies. The City does not request, receive,

obtain or maintain information about its utility customers from any Consumer Reporting

Agency.

(2) Suspicious documents. Possible red flags include:

i) presentation of documents appearing to be altered or forged;

ii) presentation of photographs or physical descriptions that are not consistent with the

appearance of the applicant or customer;

iii) presentation of other documentation that is not consistent with the information

provided when the account was opened or existing customer information;

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iv) presentation of information that is not consistent with the account application; or

v) presentation of an application that appears to have been altered, forged, destroyed,

or reassembled.

(3) Suspicious personal identifying information. Possible red flags include:

i) personal identifying information is being provided by the customer that is not

consistent with other personal identifying information provided by the customer or

is not consistent with the customer’s account application;

ii) personal identifying information is associated with known fraudulent activity;

iii) the social security number (if required or obtained) is the same as that submitted by

another customer;

iv) the telephone number or address is the same as that submitted by another customer;

v) the applicant failed to provide all personal identifying information requested on the

application; or

vi) the applicant or customer cannot provide authenticating information beyond that

which generally would be available from a wallet or consumer report.

(4) Unusual use of or suspicious activity related to an account. Possible red flags include:

i) a change of address for an account followed by a request to change the account

holder’s name;

ii) a change of address for an account followed by a request to add new or additional

authorized users or representatives;

iii) an account is not being used in a way that is consistent with prior use (such as late

or no payments when the account has been timely in the past);

iv) a new account is used in a manner commonly associated with known patterns of

fraudulent activity (such as customer fails to make the first payment or makes the

first payment but no subsequent payments);

v) mail sent to the account holder is repeatedly returned as undeliverable;

vi) the City receives notice that a customer is not receiving his paper statements; or

vii) the City receives notice of unauthorized activity on the account.

(5) Notice regarding possible identity theft. Possible red flags include:

i) notice from a customer, an identity theft victim, law enforcement personnel or other

reliable sources regarding possible identity theft or phishing related to utility

accounts.

(c) Proof of Identity. Any person or entity opening a utility account shall provide a complete

application and provide satisfactory evidence of their identity and/or address. Said proof may

include but not be limited to: a valid driver’s license; passport, state, federal, employer, or school

issued identification card, or military identification card. The required application must be

completed in its entirety and must be signed in order to establish a utility account.

(d) Confidentiality of Applications and Account Information. All personal information, personal

identifying information, account applications and account information collected and maintained by

the City shall be a confidential record of the City and shall not be subject to disclosure unless

otherwise allowed by this policy or required by State or Federal Law. Additionally, any employee

with access to utility customers’ personal identifying information, account applications or account

information shall be required to execute and abide by the Confidentiality and Nondisclosure

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Policy of the City.

(e) Access to utility account and personal identifying information. Access to utility account

information shall be limited to employees that provide customer service or technical support to the

City’s utilities. Any computer that has access to utility customer account or personal identifying

information shall be password protected and all computer screens shall lock after no more than

fifteen (15) minutes of inactivity. Personal identifying information shall only be accessed by

employees that provide customer service or technical support to the City’s utilities or disclosed to

the Clerk of Court for the Municipal Court of the City of Sugar Hill. However, the Clerk of Court

shall not have access to social security numbers and a customer’s social security number shall not

be disclosed to the Clerk of Court. All paper and non-electronic based utility account or customer

personal identifying information shall be stored and maintained in a locked room or cabinet and

access shall only be granted by the Compliance Officer or his/her designee.

(f) Credit Card Transactions. All internet or telephone credit card payments shall only be processed

through a third party service provider which certifies that it has an identity theft prevention

program operating and in place. Credit card payments accepted in person shall require a

reasonable connection between the person or entity billed for the utility services and the credit cad

owner.

(g) Suspicious Transactions. Suspicious transactions include but are not limited to the presentation of

incomplete applications; unsigned applications; payment by someone other than the person named

on the utility account; presentation of inconsistent signatures, addresses or identification.

Suspicious transactions shall not be processed and shall be immediately referred to the

Compliance Officer.

(h) Notification of Law Enforcement. The Compliance Officer shall use his/her discretion on whether

to report suspicious transactions to the police department or other appropriate law enforcement.

(i) Third Party Service Providers. All transactions processed through a third party service provider

shall be permitted only if the service provider certifies that it has complied with the FTC

regulations and has in place a consumer identity theft prevention program.

(j) Compliance Officer and Training. The Compliance Officer for this ITPP and Section shall be the

City Clerk or his/her designee. The Compliance Officer shall conduct training of all city

employees that transact business with customers of the City’s utilities. The Compliance Officer

shall periodically review this program and recommend any necessary updates to the City Council.

(k) Annual Report. An annual report, as required by FTC regulations, shall be provided by the

Compliance Officer to the City Manager. The contents of the annual report shall address and/or

evaluate at least the following:

(1) the effectiveness of the policies and procedures of the City in addressing the risk of

identity theft in connection with the opening of utility accounts and with respect to access

to existing utility accounts:

(2) service provider arrangements;

(3) incidents involving identity theft with utility accounts and the City’s response;

(4) changes in methods of identity theft and the prevention of identity theft;

and

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(5) recommendations for changes to the City’s ITPP.

Secs. 74-60---74-69. Reserved.

ARTICLE IV.

ON-SITE SEWAGE MANAGEMENT SYSTEMS

Sec. 74-70. Administration and enforcement.

The administration and enforcement of this article shall be in accordance with O.C.G.A. ch. 3 1-5.

(Code 1988, § 25-70; Ord. of 8-13-1990, § 16)


The provisions of this article shall have application except in the following cases:

(1) To any facility or system under the jurisdiction of and regulated by the Department of Natural

Resources or its successor, under the Georgia Water Quality Control Act or the Solid Waste

Management Act or their successors.

(2) To any public or community sewage treatment system.

(Code 1988, § 25-71; Ord. of 8-13-1990, § 1)


For the purpose of this article, the following words and phrases shall have the meaning as indicated

beside each listing:

Absorption field means a configuration of absorption trenches installed in a portion of land and used for

the absorption and final treatment of sewage.

Absorption line means a pipe line of perforated pipe or open-joint drain pipe laid in an absorption trench to

serve as a conduit for sewage effluent.

Absorption trench means an excavation in which an absorption line is laid.

Absorption trench bottom area means the total bottom area of all absorption trenches in an absorption

field, expressed in square feet.

Aggregate means washed gravel or washed crushed stone, meeting Georgia Department of Transportation

size specifications for numbers 57, 56, or 5 stone, i.e. one-half inch to 1 1/2 inches in diameter, or other material

approved by the county board of health, for use in absorption fields.

Alternative on-site sewage management system means any on-site sewage management system which

has proven reliability and performance in field use, but which differs in design or operation from the

conventional septic tank system or privy.

Approved or Approval means accepted or accepted by the county board of health, in accordance with

applicable specifications stated herein, or criteria developed or accepted by the department.

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Bedroom means any room that could be expected to be used for sleeping purposes, furnished with a

closet and accessible to a bathroom without going through another room primarily used for sleeping purposes.

Black water means wastewater generated by water closets, urinals, bidets, kitchen sinks and garbage

disposals.

Building drain means that part of the lowest piping of a building drainage system inside the walls of a

building, which receives the discharge from soil, waste or other drainage systems and conveys the discharge to the

building sewer.

Building sewer means that part of the horizontal piping of a building drainage system beyond the

building drain which receives the discharge from the building drain and conveys it to a public sewer, private

sewer, on-site sewage management system, or other disposal.

Central on-site sewage management system means an on-site sewage management system serving more

than one building, business, residence or other facility designed or used for human occupancy or congregation.

Contractor means any person who shall contract for the installation, construction, repair, alteration,

enlargement, emptying or pumping out of any on- site sewage management system.

Conventional septic tank system means and includes any septic tank, absorption field and all associated

devices and appurtenances intended to be used for disposal of sewage by soil absorption, but does not include

alternative or experimental systems.

County board of health means the Gwinnett County Board of Health established by the Georgia Health

Code, (Georgia Law 1964, pages 499, 512 through 518, as amended).

Department means the Department of Human Resources of the State of Georgia.

Distribution box means a watertight structure which receives sewage effluent from septic tank, dosing

tank, or other sewage retention device and distributes it in equal portions to two or more absorption lines.

Dosing tank means a watertight tank, located after a septic tank or other sewage retention device, to

receive and retain sewage effluent, and so equipped as to discharge sewage effluent intermittently to a

distribution box or other distribution device, either by pump or by siphon.

Experimental on-site sewage management system means any on-site sewage management system

proposed for testing and observation, and approved for such purpose by the county board of health, but which has

not been fully proven under field use.

Floodplain means a generally flat plain or depression susceptible to being flooded from any source,

including small and intermittent tidal action.

Gray water means wastewater generated by water-using fixtures and appliances, excluding water

closets, urinals, bidets, kitchen sinks, and garbage disposals.

Grease trap means a device in which the grease content of sewage is intercepted and congealed, and

from which grease may be skimmed or otherwise removed for proper disposal.

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Individual water supply system means a system of piping, pumps, tanks, or other facilities, utilizing

groundwater to supply a single-family dwelling.

Lot means a portion of a subdivision, or any other parcel of land, intended as a unit for transfer or

ownership, or for development, or both, and shall not include any part of the right-of-way of a street or road.

Manual for on-site sewage management systems means the technical handbook currently adopted and

periodically updated which is used by the department in the implementation of this article as is available or

inspection at the appropriate State Office in Atlanta or at local health departments. Such manual for On-Site

Sewage Management Systems is intended as a guide and its provisions are herein adopted unless inconsistent

with other provisions of law or regulation and is hereafter referred to as the "manual" or "Manual for On-Site

Sewage Management systems."

Mobile home park means a parcel of land developed for subsequent rental or lease for placement of two or

more mobile homes.

On-site sewage management system means a sewage management system other than a public or

community sewage treatment system, whether serving single or multiple building, mobile homes, recreational

vehicles, residences or other facilities designed or used for human occupancy or congregation. Included are

conventional septic tank systems that may be approved by the county board of health.

Percolation coeficient means the ratio of trench bottom area to percolation time; it is expressed as the

allowable rate of sewage application in gallons per square foot per day.

Percolation rate means the time, expressed in minutes per inch, required for water to seep into

saturated- soil at a constant rate.

Percolation test means the method used to measure the percolation rate of water into soil, as described

on the soil data sheet available at the county health department and as described in the department's current

manual.

Person means any individual, partnership, corporation, or association and may extend and be applied to

bodies, political and corporate.

Physical development means development which included, but is not limited to site preparation, erection

of a structure, road construction, well construction, or installation of on-site sewage management systems.

Private Wastewater System means a wastewater system used or designed to be used for the collection and

treatment of sewage that is not a Public or community sewage treatment system and is beyond the means of a

Conventional septic tank system.

Privy means a structure (and necessary appurtenances) used for the sanitary disposal or storage of human

waste without the aid of water carriage; the term does not include chemical, composting, portable, or incinerator

toilets.

Public or community sewage treatment systems means any sewage treatment system, including pipe lines

or conduits, pumping stations, force mains and all other construction, devices, and appliances appurtenant thereto,

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designed for treating or conducting sewage for treatment and disposal into lakes, streams or other bodies of

surface water.

Public water systems means a system for the provision to the public of piped water for human

consumption, if such system has at least 15 service connections, or regularly serves an average of at least 25

individuals, at least 60 days out of the year.

Septage means a waste that is a fluid mixture of partially treated or untreated sewage solids, liquids and

sludge of human or domestic waste, present in or pumped from septic tanks, malfunctioning on- site sewage

management systems, grease traps or privies.

Septic tank means an approved watertight tank designed or used to receive sewage from a building sewer

and to effect separation and organic decomposition of sewage solids, and discharging sewage effluent to an

absorption field or other management system.

Sewage means and includes human excreta, all water carried wastes, and liquid household waste from

residence or commercial and industrial establishments.

Soil scientist means a person who holds at least a Bachelor of Science degree with a Major in Agronomy or

related field, has five years or more experience in soil classification and mapping and use of soil genesis,

morphology and classification technology and is an expert at identifying soil features and interpreting their

influence on its uses.

Subdivision means the division of a tract or parcel of land into five or more lots, building sites, mobile

home sites, or other divisions, resulting in any single lot of less than three acres, for the purpose, whether

immediate or future, of sale or legacy, and includes resubdivision and where appropriate to the context, relates to

the process of subdividing or to the land or area subdivided; provided, however, that the following are not

included within this definition:

(1) The combination or recombination of previously platted lots or portions thereof where the total

number of lots is not increased and the resultant lots conform to the standards of these rules.

(2) The division of land into parcels, all of which are three acres or more in size, with a minimum

width of 150 feet for a distance sufficient to provide an adequate area for the placement of

structures and improvements including walls and approved on-site sewage management systems.

Well means an excavation or opening into the ground by which groundwater is sought or obtained.

(Code 1988, § 25-72; Ord. of 8-13-1990, § 2)

Sec. 74-73. On-site sewage management system required.

If a public or community sewage treatment system is not available, an approved on-site sewage

management system shall be utilized until such system malfunctions, at which time, connection to a public or

community sewage treatment system, if then available, is required. Where public or community sewage treatment

systems are not available, the owner, lessee or agent thereof of every building, residence or property,

designed, used or intended to be used for human occupancy or congregation, shall provide an approved on-site

sewage management system sufficient for persons normally expected to use or frequent the building, residence or

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other property for two hours or more. Connection shall be made to a public or community sewage treatment

system when such system is available within 200 feet of the property line, or available in a public right-of-way

abutting the property. Where a public or community sewage treatment system is to be constructed, or an

existing public or community sewer is to be used, the building sewer shall be installed so that it will insure

gravity flow at a self-cleaning velocity throughout. Private wastewater systems, as defined herein, are not

allowed.

(Code 1988, § 25-73; Ord. of 8-13-1990, § 3(1))

Sec. 74-74. Construction permit--Required.

No person may begin the physical development of a lot or structure thereon where an on-site sewage

management system will be utilized, nor install a new on-site sewage management system without having first

applied for and obtained from the county board of health, a construction permit for the installation.

(1) Application for such construction permit shall be made in writing, on forms provided by the

county board of health. The application shall include:

a. Name and address of the owner and the applicant, if other than the owner, location of

property.

b. Plans and specifications including location and design of the proposed on-site sewage

management system.

c. Nature of the facility to be served.

d. Location of all water supplies, on or off the lot, which will bear upon the location of the

on-site sewage management system.

e. Number of bedrooms in the dwelling, or the number of persons to be served in other

types of establishments, or other sewage flow or water usage data.

f. Soil characteristics, including soil types and capabilities, frequency and evaluation of

seasonal high groundwater tables, occurrence or rock, and other impervious strata.

g. Signature of owner or agent applying for permit.

(2) However, part of the information required for the application may be waived, provided the

county board of health deems that information is available from previously submitted

subdivision or mobile home park data, or from other sources, sufficient to make an adequate

appraisal of the acceptability of the proposed lot for on-site sewage management system

installation.

(Code 1988, § 25-74; Ord. of 8-13-1990, § 3(2))

Sec. 74-75. Same--Issuance or denial.

(a) On-site sewage management system construction permits for conventional septic tank systems

shall be issued only after a site inspection by the county board of health, shows favorable findings

relative to percolation rates, soil characteristics, groundwater, rock, and any other factors which

would affect the acceptability of the lot. For construction of conventional septic tank systems, the

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suitability of the lot must be demonstrated through acceptable soil characteristics and/or

percolation rates of less than 90 min/inch; freedom from groundwater interference or other

potential for contamination of groundwater by sewage; absence of impervious strata below the

level of the absorption field and absence of undesirable topographic characteristics and other

factor which singly, or in combination, affect the acceptability of the lot. Lot suitability and

approval for other types of on-site sewage management systems is to be determined by criteria

established by the department's manual. The county board of health may deny or revoke an on-site

sewage management system construction permit upon finding the lot unsuitable or for failure of

the applicant to comply with the provision of these rules. Such denial shall be made in accordance

with the provisions of the Georgia Health Code. On-site sewage management construction permits

shall remain valid for not more than 12 months from the date of issue.

(b) Issuance of a construction permit for an on-site management system, and subsequent approval of

same by representatives of the county board of health shall not be construed as a guarantee that

such systems will function satisfactorily for a given period of time; furthermore, said

representation does not, by any action taken in effecting compliance with these rules, assume any

liability for damages which are caused, or which may be caused, by the malfunction of such

system.

(Code 1988, § 25-75; Ord. of 8-13-1990, § 3(3))


(a) No person may cover or use a new on-site sewage management system until final inspection has

been made by the county board of health to determine compliance with the provisions of the

construction permit issued under section 290-5-26-03 (3), and written approval has been issued by

the county board of health.

(b) A copy of the final inspection of an on- site sewage management system shall be provided to the

owner, builder, developer or agent, whichever is appropriate.

(c) Any grading, filling, or other landscaping or construction activities on the lot subsequent to final

inspection by the county board of health which may adversely affect the on-site sewage

management system shall render the approval void.

(Code 1988, § 25-76; Ord. of 8-13-1990, § 3(4))

Sec. 74-77. Maintenance.

(a) It is the property owner's responsibility to maintain and operate the on-site sewage management

system in a safe and sanitary manner so as not to constitute a public health hazard or nuisance.

(b) Where an on-site sewage management system is proposed to serve facilities under separate

ownership, a contract to insure proper operation and maintenance of the system, signed by all

owners, shall exist as a precondition to the issuance of a permit for the construction of the on-

site sewage management system.

(Code 1988, § 25-77; Ord. of 8-13-1990, § 3(5))

Sec. 74-78. Prohibited discharge.

No person shall allow the unapproved discharge or spillage of sewage, nor shall an on-site sewage

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management system be used or maintained in such a manner that will allow the seepage or discharge of effluent

from such system to the ground surface, to a water course, drainage ditch, open trench, canal, storm drain or

storm groundwater or body of water.

(Code 1988, § 25-78; Ord. of 8-13-1990, § 3(6))

Sec. 74-79. Design limits on conventional septic tank systems.

To provide for the maintenance of sanitary conditions through the proper functioning of a conventional

septic tank system for a reasonable period of time, no such system may be installed, constructed, or used,

having a septic tank design capacity of less than 750 gallons or more than 10,000 gallons, or where the total

length of absorption trenches required would exceed 3,000 linear feet, or where the total absorption trench

bottom area required would exceed 9,000 square feet.

(Code 1988, § 25-79; Ord. of 8-13-1990, § 3(7))

Sec. 74-80. Submission of plans, specifications, and soil data.

Plans, specifications, soil data and, if required, percolation test data, submitted to the county board of

health for the purpose of obtaining a construction permit to install an on-site sewage management system to serve

a commercial, industrial or institutional facility, which will produce a sewage flow in excess of 2,000 gallons per

day, a travel trailer and/or mobile home park, or multiple-family dwelling of five or more family units shall bear

the registration number and signature of a registered professional engineer, certified and registered under the laws

of this state. The county board of health may accept plans, specifications, soil data, and percolation test data for

commercial, industrial, or institutional facilities with sewage flows of 2,000 gallons or less per day and for single-

family and multiple-family dwellings having not more than four family units, when prepared in accordance with

these rules, from any person who demonstrates to the satisfaction of the county board of health that they have

sufficient knowledge of on-site sewage management system design, soil evaluation, and of conducting

percolation tests.

(Code 1988, § 25-80; Ord. of 8-13-1990, § 3(8))

Sec. 74-81. Soil data acceptability.

Soil data deemed to be acceptable by the county board of health shall include information on soil

characteristics obtained from published soil surveys and/or unpublished reports and field data developed by the

Soil Conservation Service, United States Department of Agriculture, or from special investigations conducted by

a soil scientist.

(Code 1988, § 25-81; Ord. of 8-13-1990, § 3(9))

Sec. 74-82. License, bond and certificate required.

All persons shall be required before installing, repairing, altering or pumping septic tanks in the city, to

possess a valid business license as issued by the license department, a bond in the amount of five thousand

dollars ($5,000.00), and a valid certificate of qualifications. Persons engaged in this type of business and

qualified as a septic tank contractor shall be registered at the health department.

(Code 1988, § 25-82; Ord. of 8-13-1990, § 3(10))

Sec. 74-83. Repair or alteration.

(a) Permit required. No person may begin the repair or alteration of an existing on- site sewage

management system without having first applied for and obtained from the county board of

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health, a construction permit for the installation. Application for such construction permit shall

be made in writing, on forms provided by the county board of health. The application shall

include:

(1) Name and address of the owner and location of the property.

(2) Plans and specifications including location of existing system and design of proposed

repair.

(3) Signature of owner applying for permit.

(4) Alteration for swimming pool installation.

(5) Application, site review, consultation, approval and/or denial of proposed alteration shall

be between the owner and the county board of health.

(6) Disruption of an existing on- site sewage management system shall be minimal, and all

disrupted line replaced.

(7) An area for replacement of 100 percent of the total field line shall be provided

when all alterations for the swimming pool are completed.

(Code 1988, § 25-83; Ord. of 8-13-1990, § 3(11))

Sec. 74-84. Sewers.

(a) Size. Sewers connecting component parts of on-site sewage management system shall be of

sufficient size to serve anticipated flow conditions.

(b) Materials. All pipe or tile and fittings used in sewers and absorption fields shall meet nationally

recognized standards for their designated use, such as standards published by the American Society

for Testing and Materials or the National Sanitation Foundation, and approved by the county

board of health for use in on-site sewage management systems. Sewers under driveways or

similar areas of load or impact shall be of material capable of withstanding anticipated loads or

installed so as to provide protection from crushing.

(c) Construction. Sewers, other than perforated pipe or drain tile used in absorption fields, shall be

laid with sealed, watertight, root-resistant joints. Such sewers shall be laid on a firm foundation and

shall not be subject to settling, and shall be installed on a grade that will insure a self-cleaning

velocity. Where on-site sewage management systems are used, and where installation of building

drains and building sewers is not covered by duly adopted local plumbing codes, or in the

absence of a local plumbing code and/or plumbing inspections, the county board of health shall

verify the adequacy and acceptability of all or any portion of the building sewer or the building

drain.

(Code 1988, § 25-84; Ord. of 8-13-1990, § 4)

Sec. 74-85. Septic tanks.

(a) Minimum design and construction. Septic tanks shall be designed and constructed to equal or

exceed minimum design and construction criteria established by the department as published in

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the current manual for on-site sewage management systems. Any person seeking approval of

septic tanks to be used in on-site sewage management system after the effective date of these

rules, shall submit detailed plans and specifications for tank manufacture and such other

information as may be required by the county board of health. Manufacturers and suppliers shall be

subject to periodic inspection, and approved by the county board of health.

(b) Location. No septic tank shall be installed less than 50 feet from existing or proposed

wells/springs, or suction water lines, and tanks shall be located downgrade from wells/or springs if

physically possible; less than 25 feet from lakes, ponds, streams, watercourses or sinkholes; less

than ten feet from pressure water supply lines, or less than ten feet from a property line. No septic

tank shall be installed less than 15 feet from a drainage ditch or embankment. Septic tanks shall be

installed so as to provide ready access for necessary maintenance. Normally the desired distance a

septic tank should be located from a building foundation is at least ten feet but if conditions

permit, lesser distances may be allowed by the county board of health. The county board of health,

after site inspection, may require greater separation distances than cited herein due to unusual

conditions of topography, or other site configuration; subsurface soil characteristics and/or

groundwater interference. Where individual water supplies are used, septic tanks shall not be less

than 25 feet from a property line.

(c) Capacity. The liquid capacity of septic tanks for single-family dwellings shall not be less than

750 gallons for one or two bedrooms; 900 gallons for three bedrooms; 1,000 gallons for four

bedrooms and 250 additional gallons for each bedroom over four. The liquid capacity of septic

tanks in on-site sewage management systems for nonresidential usage shall be based on the

anticipated daily sewage flow from the facility served, but in no case shall be less than 750

gallons. Septic tank capacity shall be increased by 50 percent where garbage grinders are to be

used.

(d) Compartmented tanks. Compartmented tanks are permissible upon approval by the county board

of health.

(e) Tanks in series. The county board of health may approve the installation of two septic tanks

placed in series provided that the capacity of the first tank is at least 750 gallons and at least equal

to the capacity of the second tank. When tanks in series are used, they shall be connected with a

sealed sewer line, and all sewage shall initially enter the first tank.

(f) Foundation and backfill. Septic tanks shall be constructed or installed level, on a foundation that

will prevent settling; backfill shall be placed so that a stable fill results and undue strain on the

tank is avoided. Earth backfill shall be free of voids, large stones, stumps, broken masonry, or other

such materials. A minimum earth cover of six inches over the tank is recommended. All openings

and manholes shall be constructed so as to prevent the entrance of surface water.

(Code 1988, § 25-85; Ord. of 8-13-1990, § 5)

Sec. 74-86. Distribution boxes and dosing tanks.

(a) Minimum design and construction boxes. Distribution boxes shall be designed and constructed in

accordance with minimum design and construction criteria established in the department's current

manual and section 74-87(d)(1). Approval procedures shall follow the requirements as set forth

under section 74-85(a).

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(b) Minimum design and construction of dosing tanks. Where required, dosing tanks shall be

designed, constructed, and installed in accordance with the department's current manual.

(Code 1988, § 25-86; Ord. of 8-13-1990, § 6)

Sec. 74-87. Absorption fields.

(a) Area computation. Absorption trench bottom area shall be based upon the anticipated volume of

treated sewage and upon the characteristics of the soil in which absorption fields are to be located

as specified in the current On-Site Sewage Management System Manual. Soil characteristics and

other related data, including percolation tests, may be required by the county board of health.

(b) Location. No absorption field shall be constructed less than 100 feet from existing or proposed

wells or springs; less than ten feet from water supply lines; less than ten feet from building

foundations and property lines; less than 15 feet from an embankment nor less than 50 feet from

the normal water level of any impoundment, tributary, stream, or other body of water. If it

becomes necessary for the absorption field to be crossed by water supply line, the water supply

line within ten feet of the absorption field shall be at least 12 inches above the top of the aggregate

layer of the absorption line and shall be encased in a single length of water pipe. No absorption

field shall be installed in areas where groundwater, soil characteristics or adverse geological

formation may interfere with the absorption of sewage effluent. Where individual water supplies are

used, absorption fields shall not be less than 50 feet from a property line. No part of the on-site

sewage management system other than sealed pipe with water tight joint shall be covered by

buildings, pavements, or used for parking automobiles or for vehicular traffic. There shall be

available sufficient unobstructed land area, available by gravity flow, meeting all requirements for

the installation of an on-site sewage management system to provide for the complete replacement

of the absorption field.

(c) Minimum design and construction for conventional septic tank systems. Absorption lines and

absorption trench bottoms shall be true to grade and trenches shall not be less than 25 inches in

depth, and shall have not less than 12 inches of earth cover. Maximum length of absorption trench

laterals for distribution box systems shall be 100 feet; laterals shall be equal in length and spaced

not less than eight feet apart, center to center. Absorption trenches shall be 36 inches wide. The

minimum length for any on site sewage management system absorption field shall be 200 feet.

(d) Field layout methods for conventional septic tank systems. Absorption fields shall be planned

and installed in accordance with one of the following methods:

(1) Distribution box method. On level or sloping topography, the distribution box method may

be used, and shall be required when dosing tanks are used. A firm earthen or concrete

foundation for distribution boxes extending at least 12 inches beyond the walls of the box

shall be provided to ensure against tilting of the distribution box. Extreme care should be

exercised in backfilling around and over the distribution box. The top of the distribution box

shall have a minimum earth cover of 6 inches, but no more than 24 inches unless provisions

are made for ready access to the distribution box. The sewer from the septic tank or dosing

tank shall enter the distribution box and terminate inside the distribution box with an elbow

turned downward to form a submerged outlet at normal water level, or a baffle may be use,

providing the same function is accomplished. Absorption lines of equal lengths shall be

connected to distribution box outlets by independent sewers. Absorption trenches may be

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installed at the same elevation or at different elevations, but all sewers leading from the

distribution box outlet to the absorption lines shall be installed at the same elevation and

shall be level for two feet and shall be sealed watertight. Beginning two feet from the

distribution box, the grade of such sealed lines shall be not less than one-eighth inch per

foot. Absorption lines shall be laid on a uniform grade of not less than two inches nor more

than four inches per 100 feet with the minimum of two inches recommended. An increased

number of shorter trenches is recommended rather than the use of fewer, longer trenches.

(2) Level field method. On level or slightly sloping topography, the level field method may be

used. When this method is used, the absorption field shall be installed level, with all

absorption lines interconnected to form a continuous system. A standard tee fitting shall

be used to interconnect the absorption lines.

(3) Serial distribution method. On more severely sloping topography, the serial distribution

method may be used. When this method is used, level absorption trenches shall be

constructed along land contours. The sewer from the septic tank shall enter the uppermost

absorption lines and terminate at any point in the lines so that all sewage from the septic

tank is discharged into the first line. Adjacent absorption lines shall be successively

connected by means of overflow sewers constructed at any point along the line in such a

manner that each trench is filled with effluent to the full depth of aggregate before the

effluent flows through the overflow sewer to the next trench. The invert of the first

overflow sewer must be at least four inches lower than the invert of the septic tank outlet. At

the point where an overflow sewer leaves an absorption trench, the excavation for the

overflow sewer shall be dug no deeper than the top of the aggregate in the absorption

trench, so that an undisturbed block of earth will remain in place for the full depth of the

aggregate. Overflow sewers connecting absorption trenches shall be laid on undisturbed

earth.

(Code 1988, § 25-87)

Sec. 74-88. Privies; minimum design and construction.

Privies shall be designed and constructed in accordance with minimum sign and construction criteria established

by the current on-site sewage management system manual. (Code 1988, § 25-88)

Sec. 74-89. Alternative and experimental on-site management systems and site modifications.

(a) Generally. The department recognizes that on-site sewage management systems employing

solids retention and on-site soil absorption of sewage effluent, if designed properly and installed

in a suitable soil are usually ecologically safe and do adequately protect the public health. The

department further recognizes that substantial portions of the state's undeveloped land area are

marginally suitable or totally unsuitable for conventional septic tank systems, and that continued

installation of such systems will have a detrimental effect on the public health. Where

appropriate, and after thorough assessment of alternatives, the county board of health will

consider alternative on-site sewage management systems and/or modification for area with soils

which may have only marginal suitability in their present condition, including community-

managed on-site sewage management systems and combinations of public or community sewage

treatment systems and on-site sewage management systems. When considering proposals for

alternative on-site sewage management systems, priority shall be given to those situations where

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the alternative system will resolve an existing sewage management problem. Any person or

community desiring to install an alternative on-site sewage management system shall submit the

following information to the county board of health.

(1) Plans and specifications, along with any engineering, laboratory, or field data required.

(2) Information as required on the application for an individual on-site sewage management

system construction permit, and any additional information as may be required by the

county board of health. If the proposal for the system is approved, the person making

application will be informed by the county board of health of any requirements for

maintenance, and any monitoring procedures deemed necessary by the county board of

health. Reduction of water usage by the installation of water conserving fixtures and

devices should be considered in overall strategy.

(b) Experimental on-site sewage management systems. The department may consider proposals for

the use of experimental on-site sewage management systems. Acceptance or denial of such

proposals shall depend on many site and system specific-factors, including a primary

consideration that the remainder of the site is suitable for a conventional septic tank system in

the event of failure of the experimental system.

(c) Site modifications. Approval of certain lots determined to be unsuitable for conventional septic

tank systems, may be reconsidered if appropriate site modifications are carried out to eliminate

or significantly ameliorate unfavorable site characteristics. Modifications may include surface or

subsurface drainage systems, filling, grading, etc. Any person desiring to modify a lot for the

purpose of obtaining a construction permit for installation of an on-site sewage management

system shall submit for approval, detailed plans showing the type and extent of modification. The

county board of health may require any additional information or clarification needed for

formulating a proper decision on the proposed modifications. No modifications shall be carried

out prior to the approval and issuance of a construction permit.

(Code 1988, § 25-89)

Sec. 74-90. Percolation tests and test borings.

(a) Percolation tests. If conducted, percolation tests shall not be considered presumptive or

conclusive evidence as to the suitability of a given lot for the use of on-site sewage management

systems. Such test shall be considered and analyzed as one of many criteria in determining soil

suitability. Acceptable data on soil characteristics, including the location of rock strata and water

table evaluations, will be considered of primary importance. Percolation tests, if conducted will

be used to augment or supplement the soils data. It should be further understood that percolation

tests conducted during dry weather periods in areas that commonly experience high seasonal

water table elevation during wet periods of the year will often exhibit very

good percolation rates, thus inaccurately portraying the absorptive capacity of the soil during wet

periods. Percolation tests shall be run in accordance with the modified Taft Engineering Center

method published in the department's current manual for on-site sewage management systems.

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(b) Location and number. Percolation test holes should be located in the area proposed for the

installation of the absorption field. Data from test holes in areas outside of, or clearly

uncharacteristic of, the proposed installation site will not be allowed. Percolation tests shall not

be conducted in holes created by the deterioration of stumps and roots, or any other area which

would render results that inaccurately portray the absorptive capacity of the soil in the absorption

field area. The number of tests shall be sufficient to obtain a proper appraisal of the absorptive

capacity of the soil in the proposed absorption field area and shall be determined by the county

board of health. The number of tests required for preliminary appraisal of subdivisions may be

specified in lesser numbers, provided a general overview of the soil characteristics of the total

subdivision acreage is provided. Percolation test holes shall be located by number on a

topographic map showing lot designation, boundaries, easements, etc., and the results shall be

recorded on the map.

(c) Test boring for rock, shale, hardpan. Where surface outcropping or subsurface formations raise

reasonable doubt concerning the operational effectiveness of on-site sewage management systems,

a sufficient number of test borings to an appropriate depth may be required by the county board of

health to determine whether on-site sewage management systems can be expected to give

satisfactory service. Such borings and the results shall be located by number and recorded on the

topographic map.

(d) Individuals conducting tests. Individuals conducting percolation tests and/or test borings shall

notify the county board of health at least 24 hours prior to performing these procedures and, at the

option of the county board of health such procedures shall be performed in the presence of a

county board of health representative.

(Code 1988, § 25-90; Ord. of 8-13-1990, § 10)

Sec. 74-91. Septage removal and disposal.

(a) Generally. No person shall engage in the removal or disposal of the contents of septic tanks, pit

privies, or other on-site sewage management or experimental systems without having first applied

for and obtained from the county board of health a septage removal permit, renewed annually, for

such activities. The application for such septage removal shall be submitted in writing on forms

provided by the county board of health at least ten days prior to engaging in such activities. The

application shall include but not be limited to: the business name and address, name and address of

the applicant, the manner by which such contents are to be removed, transported, and given final

disposal and such other documentation as may be required by the county board of health, including

evidence that septage removed and transported will be accepted at approved disposal sites. If

surface spreading, subsurface land disposal or other method of treatment or disposal is to be used,

additional information may be required.

(b) Disposal methods. Approved methods of disposal of septage from on-site sewage management

systems shall be: discharged to a public or community sewage treatment system for treatment in a

wastewater treatment plant, treatment at separate septage handling facilities, or direct land

application. Disposal by any of these methods shall require written permission from both the

appropriate governing official, private septage handling facility owner or land owner and a

representative of the county board of health.

(c) Vehicle identification. The name and address of the person or firm engaging in the removal of

septage from on-site sewage management systems and the permit number shall be lettered on both

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sides of each vehicle used for septage removal purposes. Letters and numerals shall not be less than

two inches in height and shall be readily visible.

(d) Vehicle maintenance. Every vehicle used for removal of septage from on-site sewage

management systems shall be equipped with a watertight tank or body and properly maintained.

Liquid wastes shall not be transported in open bodied vehicles. All pumps, hose lines, valves and

fittings shall be maintained so as to prevent leakage.

(Code 1988, § 25-91; Ord. of 8-13-1990, § 11)

Sec. 74-92. Grease traps.

(a) Required. Grease traps shall be required for commercial or industrial establishments with on- site

sewage management systems where it is determined by the county board of health that grease

may be introduced into the system in quantities that may adversely affect the operation of the

system.

(b) Design. Plans and specifications for grease traps shall be submitted to the county board of health

for approval. Grease traps shall be designed to provide a liquid capacity of not less than 125

gallons. Effluent from grease traps shall be disposed of in a septic tank and not directly

discharged to the absorption field.

(c) Construction. Grease traps shall be located, installed and constructed so that the temperature of

the sewage will be reduced to permit congealing or separation of grease, and easy success for

cleaning is provided.

(Code 1988, § 25-92; Ord. of 8-13-1990, § 12)

Sec. 74-93. Sewage flow.

Where sizing of the on- site sewage management system is determined by sewage flow, estimates of the

daily sewage flow shall not be less than the volume derived from the population to be served. Daily sewage flow

shall be determined from the department's current manual; however, the flow for establishments not listed shall be

determined by the county board of health after due consideration of data submitted by the owner or his agent on

design criteria. Calculations will be made on the basis of peak loads and not on long term averages. (Code 1988,

§ 25-93; Ord. of 8-13-1990, § 13)

Sec. 74-94. Subdivision and mobile home parks--Development requirements.

(a) Plans required. No person may sell, offer for sale, lease, rent, begin construction or otherwise

begin the physical development of a subdivision or mobile home park where public or

community sewage treatment systems are not available or contemplated to be available to serve

the proposed development until proposals and plans for the water supply and sewage disposal

method to be provided or installed have been submitted to and written approval has been

obtained from the county board of health.

(b) Predevelopment review advised. All developers considering subdivision or mobile home park

development where public or community sewage treatment systems will not be available are

strongly advised to seek a predevelopment review by the county board of health prior to

purchasing property and/or making substantial monetary outlays for developmental improvements.

Rejection or tentative approval may be obtained at this time by submitting the following

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information:

(1) A boundary plat including:

a. Vicinity map.

b. Topographic map.

c. Soil map and soil description.

(2) Complete subdivision analysis record on forms provided by the county board of health.

(3) Additional information as required by the county board of health for complete understanding

and clarification.

(c) Proposals and plans. Unless previously provided, subdivision or mobile home park proposals

shall be submitted on subdivision analysis forms provided by the county board of health.

Subdivisions or mobile home park plans shall be drawn to a reasonable scale, with topography

depicted by two - foot contour intervals provided, however, that if ground slope is sufficiently

steep for less frequent contour intervals to show the surface configurations, the county board of

health may permit the use of lesser contour intervals. Plans shall illustrate the location of all

present and proposed wells, watercourses, floodplains, water systems, sewage systems, roads,

structures right-of-ways, and easements on the property and within 100 feet outside the perimeter

of the property. Subdivision or mobile home park plans shall also include stormwater drainage

systems, elevations of seasonal high water table, location and results of test borings and

percolation test if applicable, lot identification, dimensions, and building lines. The name and

registration number of the preparing surveyor or engineer shall also be on the subdivision or

mobile home park plans.

(d) Soil evaluation. Data used to develop soil maps and descriptions shall be obtained from reliable

sources as set forth in section 290-5-26-03, paragraph (9), entitled soil data acceptability. Where

reliable soil information or the services of a soil scientist are not available, percolation tests, soil

borings, and such other tests as the county board of health may require shall be conducted.

(e) Limits on use of on-site sewage management systems in subdivision and mobile home parks.

Approval of subdivisions and mobile home parks for on-site sewage management systems shall

not be granted when:

(1) An available sewer of a public or community sewage treatment system is within 500 feet

of the subdivision or mobile home park.

(2) Soil maps, descriptions, and reports complied by the Soil Conservation Service, U.S.

Department of Agriculture, or a soil scientist indicate that soil conditions prohibit safe

development with on-site sewage management systems, or the average percolation rate for

the subdivision or mobile home park is more than 90 minutes per inch.

(f) Drainage. Where on-site sewage management systems are proposed for use, an adequate surface

water drainage system shall be provided for the proper drainage of all surface water. Plans for

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drainage shall comply with local storm drainage plans and policies in effect in the city and/or

county at the time of submission to the county board of health, and approval of drainage plans by

the local governing body is a prerequisite to county board of health approval. Additionally, any

changes or amendments to approved drainage plans must receive the concurrence of the

governing agency, and the county board of health shall be provided with a written approval

statement from the governing agency. In the absence of local drainage policies, the county board

of health will evaluate drainage plans and render decision on their acceptability. Plans for internal

drainage (subsurface drainage), if used, shall be submitted to the county board of health for

consideration as to their acceptability.

(Code 1988, § 25-94; Ord. of 8-13-1990, § 14)

Sec. 74-95. Same--Water and sewage.

(a) Generally. A public water supply shall be required if available within 1,000 feet of the proposed

subdivision or mobile home park.

(b) Percolation tests. Where required for planning purposes and determination of the general

absorption capacity of soils, the number of percolation tests to be made shall be one per lot, in the

area where absorption fields are to be located. Preparatory to construction of on-site sewage

management systems, individual lots within the proposed development shall comply with section

290-5-26-03 of the Rules for On-Site Sewage Management Systems.

(c) Test borings. Where required for planning purposes, test borings to determine groundwater

elevations and subsurface rock formations shall be made at locations, in numbers and at depths to be

determined by the county board of health.

(Code 1988, § 25-95; Ord. of 8-13-1990, § 15)

Secs. 74-96----74-104 Reserved.

ARTICLE V.

RAIN SENSOR SHUT-OFF SWITCH


For the purpose of this article, the following words and terms shall have the meanings respectively

ascribed:

Rain sensor shut-off switch means an electric device that detects and measures rainfall amounts and

overrides the cycle of an irrigation system so as to turn off such system when a predetermined amount of rain has

fallen.

Sec. 74-106. Installation of Rain sensor shut-off switch – Required.

465

No person shall install within the Metropolitan North Georgia Water Planning District area created under

Article 10 of this chapter any landscape irrigation system equipped with an electronic controller that does not

have a rain sensor shut-off switch.

Sec. 74-107. Exemption.

Sec. 741-06 shall not apply to either landscape irrigation systems installed on golf courses or any system

dependent upon a nonpublic water source.


Any person who fails to install and/or installs a landscape irrigation system equipped with an electronic

controller in violation of this Code section shall be liable for a civil penalty not exceeding $100.00 per violation.

(O.C.G.A. § 12-5-6 (2006).

ARTICLE VI. STORMWATER UTILITY

Section 74-151. Findings.

The City of Sugar Hill Mayor and City Council make the following findings of fact:

(a) The City of Sugar Hill, Georgia (hereinafter “the City” or “Sugar Hill”) is authorized by the

Georgia Constitution of 1983, including, without limitation, Article IX, Section II, Paragraphs I

and III thereof and O.C.G.A. § 36-82-62 to provide stormwater management services, systems and

facilities throughout the corporate boundaries of the City.

(b) In order to protect the health, safety and welfare of the public, the governing authority of Sugar

Hill hereby exercises its authority to establish a Stormwater Utility Enterprise Fund and establish

rates for stormwater management services.

(c) In promulgating the regulations contained in this section, Sugar Hill is acting pursuant to authority

granted by the Constitution and laws of the State of Georgia and its City Charter to provide for

stormwater collection and disposal.

(d) Improper management of stormwater runoff may cause erosion of lands, threaten businesses and

residences, and other facilities with water damage and may environmentally impair the rivers,

streams and other bodies of water within the City.

(e) A system for the collection, conveyance, storage, treatment and disposal of stormwater provides

services to all properties within the City and surrounding areas.

(f) The City presently owns and operates stormwater management systems and facilities, which have

been developed over many years. The future usefulness and operational function of the existing

stormwater management systems and facilities owned and operated by the City, and the additions

and improvements thereto, rests on the ability of the City to effectively manage, protect, control,

regulate, use, and enhance stormwater systems and facilities within the City in concert with the

management of other water resources within the City. In order to do so, the City must have both a

comprehensive stormwater management program as well as an adequate and stable funding source

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for its comprehensive program operation and drainage-related capital improvement needs.

(g) Failure to effectively manage stormwater can adversely affect the operations of the sanitary sewer

system operated by Gwinnett County thereby increasing the likelihood of infiltration and inflow

into the sanitary sewer system.

(h) Failure to effectively manage stormwater contributes to the potential degradation of the surface

water quality in area waterbodies.

(i) The City is required under Federal and State regulations (i.e. the Federal Clean Water Act, the

City’s National Pollutant Discharge Elimination System (hereinafter “NPDES”) Phase I

Stormwater Permit) to provide enhanced management of stormwater runoff quality to mitigate the

impacts of pollutants which may be discharged from the public municipal separate storm sewer

system (MS4) and stormwater conveyance system into State of Georgia or United States’ waters.

Therefore, it is appropriate for the City to impose a stormwater user fee charge upon all improved

properties that may discharge, directly or indirectly, into the public MS4 and stormwater

conveyance system, whether the property is private or public in nature.

(j) Compliance with the regulatory obligations of the NPDES Phase I Stormwater Permit,

Metropolitan North Georgia Water Planning District and along with other City stormwater

program activities will affect the cost of providing stormwater management services, systems and

facilities above what is currently being spent for water quality management, drainage system

maintenance, flood control and other program activities.

(k) The cost of operating and maintaining the City’s stormwater management system and financing

necessary repairs, replacements, improvements and extensions thereof should, to the extent

practicable, be allocated in relationship to the services received from the system.

(l) The professional engineering and financing analysis and related documents prepared by the City’s

consulting stormwater engineer properly assesses and defines the City’s stormwater management

program problems, needs, goals, priorities as well as the stormwater management program funding

strategy.

(m) Given the stormwater management program problems, needs, goals, priorities and funding

strategy identified in the aforementioned professional engineering and financing analysis, it is

appropriate to authorize the formation of an organizational and accounting entity dedicated

specifically to the management, maintenance, protection, control, regulation, use, and

enhancement of stormwater management services, systems and facilities within the City in concert

with other water resource management programs.

(n) Stormwater management is applicable and needed throughout the incorporated areas of the City.

While specific service and facility demands may differ from area to area at any given point in

time, a stormwater management system and service area encompassing all lands and water bodies

within the incorporated areas of the City is consistent with the present and future needs of the

community.

(o) The stormwater needs in the City include, but are not limited to, protection of the public health,

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safety, and welfare of the community. Provision of stormwater management services renders

and/or results in both a service and a benefit to all properties, property owners, citizens, and

residents of the City in a variety of ways.

(p) The stormwater management services rendered may differ depending on many factors and

considerations, including but not limited to location, demands and impacts imposed on the

stormwater management systems and programs, and risk exposure. It is practical and equitable to

allocate the cost of stormwater management among the owners of improved properties in

proportion to the long term demands the properties impose on the City’s stormwater management

services which result in services to such properties and the owners thereof.

(q) A Stormwater Management Program (hereinafter “SWMP”) provides the most practical and

appropriate means of properly delivering stormwater management services throughout the City,

and the most equitable means to regulate the use of a higher level of stormwater management

services within the City through stormwater user fee charges, user fees and other mechanisms.

(r) The area of impervious surfaces on each improved property is the most important factor

influencing the cost of the stormwater management services provided by the City or to be

provided by the City in the future, and the area of impervious surfaces on each property is

therefore the most appropriate parameter for calculating a periodic stormwater user fee charge.

(s) A schedule of Stormwater Utility user fee charges based in part on the area of impervious surface

located on each improved property is the most appropriate and equitable means of allocating the

cost of stormwater management services throughout the City. Such user fee charges may be

complemented by other types of charges which address specific needs, including, but not limited

to, special service fees, special assessments, revenue bonds, use of proceeds from special purpose

local option sales taxes and other forms of revenue, as deemed appropriate by the Mayor and City

Council.

(t) The existence of privately owned and maintained on-site or off-site systems, facilities, activities or

assets which reduce or otherwise mitigate the impact of a particular property on the City’s SWMP,

and the Stormwater Utility’s cost of providing stormwater management services and/or

stormwater management systems and facilities, should be taken into account to reduce the user fee

charge on that property either in the form of a direct reduction or a credit, and such reduction or

credit should be conditioned upon continuing provision of such services, systems, facilities,

activities or assets in a manner complying with the standards and codes as determined by the

Stormwater Utility Manager. Reductions or credits for privately owned and maintained

stormwater management systems, facilities, activities or assets shall be generally proportional to

the affect that such systems have on the peak rate of runoff from the property.

(u) It is imperative that the proceeds from all user fee charges for stormwater management services,

systems or facilities, together with any other revenues raised or otherwise allocated specifically to

stormwater management services, systems or facilities, be dedicated solely to those purposes, and

such proceeds of user fee charges and revenues shall therefore be deposited into the enterprise

accounting fund of the City Stormwater Utility and shall remain in that fund and be dispersed only

for stormwater management capital, operating and non-operating costs, lease payments and debt

service of bonds or other indebtedness for stormwater management purposes.

Section 74-152. Definitions.

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The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in

this section, except where the context clearly indicates a different meaning:

Act means and refers to the Clean Water Act as amended by the Water Quality Act of 1987 (33 U.S.C. §

1251 et seq.), as amended, and the rules and regulations promulgated by the United States Environmental

Protection Agency pursuant thereto.

Attached Residential Property shall mean improved property containing individually owned, attached

dwelling units such as duplexes, triplexes, quadraplexes, townhouses, or other residential structures not

listed herein where one or more family groups commonly and normally reside or could reside. Improved

property may be classified as an Attached Residential Property despite the presence of incidental

structures associated with residential uses such as garages, carports and small storage buildings.

Improved property may be classified as an Attached Residential Property despite the presence of a

commercial use. Attached Residential Property shall not include improved property containing: structures

used primarily for non-residential purposes, hotels, motels, retirement centers, nursing homes and assisted

living homes.

Credit means a reduction in the amount of a stormwater user fee charge to the owner of a particular

property for the existence and use of privately owned, maintained and operated on-site or off-site

stormwater systems or facilities, or continuing provision of services or activities that reduce or mitigate

the City’s cost of providing stormwater management services for that particular property.

Customers of the Stormwater Utility shall include all persons, properties and entities serviced by and/or

benefiting from the services provided by the City’s SWMP and the Stormwater Utility. These services

include, but are not necessarily limited to, the Stormwater Utility’s administration, management,

maintenance, expansion, and improvement of the public stormwater management systems for the handling

of stormwater runoff of private and public properties, and the regulation of the public and private

stormwater management systems, controls, facilities, and activities.

Detached single family residential property or DSFR means improved property containing one residential

structure which is not attached to another dwelling, and which contains one or more bedrooms, with

bathroom and kitchen facilities, designed for occupancy by one family. A detached single family

residential property may include a “stick-built,” industrialized, or manufactured home located on one or

more individual lots or parcels of land. Improved property may be classified as a detached single family

residential property even if there is present incidental structures associated with residential uses such as

garages, carports, storage buildings, guest houses, servants or caretakers quarters, cottages or barns, or the

presence of a commercial use within the residence, as long as such use does not result in additional areas

of impervious surfaces. Detached single family residential properties shall not include improved property

containing structures used primarily for nonresidential purposes, manufactured homes located within

manufactured home parks where the land is owned by someone other than the owners of the manufactured

homes, or multiple dwelling unit residential properties.

Dwelling Unit shall mean a structure, which contains one (1) or more bedrooms, a bathroom and a kitchen

facility.

Hydrologic Response defines the manner and means whereby stormwater collects, remains, infiltrates,

and is conveyed from a property. Hydrologic Response is dependent on several factors including, but not

limited to, the presence of impervious surface, the parcel’s size, the parcel’s shape, the parcel’s vegetative

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canopy, the parcel’s groundwater, the parcel’s antecedent moisture and the parcel’s geologic condition.

Impervious area shall mean the area, usually expressed in square feet, that is covered by an impervious

surface.

Impervious surface means those areas which prevent or impede the infiltration of stormwater into the soil

in the manner in which it entered the soil, in natural conditions, prior to development. Common

impervious surfaces include, but are not limited to, rooftops, buildings or structures, sidewalks, walkways,

patio areas, driveways, parking lots, storage areas, awnings and other fabric or plastic coverings, and other

surfaces which prevent or impede the natural infiltration of stormwater runoff which existed prior to

development.

Improved property means property altered from its natural state by construction or installation of one

thousand (1,000) square feet or more of impervious surfaces.

Non-single family residential property or NSFR means improved property containing multiple dwelling

unit residential properties, condominiums, apartments, commercial and office buildings, public buildings

and structures, industrial and manufacturing buildings, storage buildings and storage areas, parking lots,

parks, recreation properties, tennis courts, swimming pools, public and private schools and universities,

research facilities and stations, hospitals and convalescent centers, airports, agricultural uses, water and

wastewater treatment plants, and any other form of use not otherwise mentioned which is not a detached

single family residential (hereinafter “DSFR”), or attached residential (hereinafter “AR”) property, and

which has private parking lots and private drives or roads.

Public Water Influence Zone means those areas lying downstream of a culvert, or other stormwater

management conveyance system. On the downstream side of the conveyance system, the public water

influence zone will extend for a length of six (6) times the diameter (or width) of the culvert from which

runoff is being discharged (Field Manual for Erosion and Sediment Control in Georgia, Third Edition, pg.

99), and within the horizontal limits set forth in the aforementioned field manual. For example, if a 48-

inch diameter culvert is discharging to a private property, the public water influence zone shall extend 24

feet (6 times 48-inches) from the end of the culvert and for the specified width (i.e. typically the width of

the creek). The Sugar Hill Stormwater Utility may perform maintenance and/or capital construction

activities only within that portion of the public water influence zone which the City has an ownership

interest in, or for which a dedicated easement has been granted to, and accepted by the City for such

purpose.

Service area means the entire land area within the corporate limits of the City.

Stormwater management services means all services provided by the City which relate to the:

(1) Transfer, control, conveyance or movement of stormwater runoff through the incorporated

portions of the City;

(2) Maintenance, repair and replacement of existing stormwater management systems and

facilities;

(3) Planning, development, design and construction of additional stormwater management

systems and facilities to meet current and anticipated needs;

(4) Regulation of the use of stormwater management services, systems and facilities; and

(5) Compliance with applicable State and Federal stormwater management regulations and

permit requirements.

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Stormwater management services may address the quality of stormwater runoff as well as the

quantity thereof.

Stormwater management systems and facilities mean those natural and manmade channels, swales,

ditches, rivers, streams, creeks, branches, reservoirs, ponds, drainage ways, inlets, catch basins, pipes,

headwalls, storm sewers, lakes and other physical works, properties and improvements which transfer,

control, convey, detain, retain, treat or otherwise influence the movement of stormwater runoff.

Stormwater Utility Manager means the person designated by the City Manager to administer the

provisions of this article.

Stormwater user fee charge means the periodic user fee charge imposed pursuant to this article by the

Sugar Hill Stormwater Utility for providing stormwater management services. This term shall exclude

special charges to the owners of particular properties for services, systems or facilities related to

stormwater management, including, but not limited to, charges for development plan review, inspection of

development projects, on-site stormwater control systems and other stormwater management services

provided by Sugar Hill for which a corresponding fee is collected for the service rendered.

Undeveloped Land means land in its unaltered natural condition or which is modified to such a minimal

degree as to have a Hydrologic Response comparable to land in an unaltered natural condition shall be

deemed undeveloped. Undeveloped Land shall have minimal Impervious Surface, which impedes the

infilitration of stormwater runoff or causes stormwater runoff to collect, concentrate or flow in a manner

materially different from what would occur if the land were in an unaltered natural condition. For

purposes of this Article, Undeveloped Land includes property altered from its natural condition by the

creation or installation of five hundred (500) square feet or less of Impervious Surface.

User is defined as any person who uses property, which maintains connection to, discharges to, or

otherwise receives services from the City for stormwater management.

Section 74-153. Stormwater Utility and Enterprise Fund Established.

(a) There is hereby established a Stormwater Utility to be known as the Sugar Hill Stormwater Utility,

which shall be responsible for stormwater management services throughout the incorporated areas

of the City, and which shall provide for the management, protection, control, regulation, use and

enhancement of the City’s stormwater management systems and facilities and stormwater

management services.

(b) There is hereby established a Stormwater Utility Enterprise Fund in the City budgeting and

accounting systems for the purpose of dedicating and protecting all funding applicable to the

purposes and responsibilities of the Sugar Hill SWMP and Stormwater Utility, including, but not

limited to, rates, charges, and fees as may be established by the City Council from time to time,

and other funds that may be transferred or allocated to the Sugar Hill Stormwater Utility. All

revenues and receipts of the Stormwater Utility shall be placed in the Stormwater Utility

Enterprise Fund and shall be used solely for stormwater management services. All expenses and

capital investments of the Stormwater Utility shall be paid from the Stormwater Utility Enterprise

Fund; provided, however, that other revenues, receipts and resources not accounted for in the

Stormwater Utility Enterprise Fund may be applied to stormwater management services as deemed

appropriate by the City.

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(c) The City shall place responsibility with the Stormwater Utility Manager for operation,

maintenance and regulation of the SWMP and stormwater management services performed,

owned and operated or maintained by Sugar Hill, and other related assets, including, but not

limited to, properties, other than road rights-of-way, upon which such stormwater management

systems and facilities are located, easements, rights-of-entry and access and certain equipment

used solely for stormwater management.

Section 74-154. Scope of Responsibility for Stormwater Management Systems and Facilities.

(a) The City owns or has rights established by written agreements which allow it to operate, maintain,

improve and access those stormwater management systems and facilities which are located:

1. Within public road rights-of-way;

2. On private property but within easements granted to and accepted by the City, or are

otherwise permitted to be located on such private property by written agreements for

rights-of-entry, rights-of-access, rights-of-use or other permanent provisions for operation,

maintenance, improvement and access to the stormwater management system facilities

located thereon;

3. On private property but within a public water influence zone after the City secures a right-

of-entry, right-of-access, permanent easement, temporary easement or other form of

written consent from the property owner;

4. On land dedicated to, and accepted by, the City solely for the operation, maintenance,

improvement and access to the stormwater management systems and facilities located

thereon; or

5. On public land which is owned by the City and/or land of another governmental entity

upon which the City has agreements providing for the operation, maintenance,

improvement and access to the stormwater management systems and facilities located

thereon.

(b) Operation, maintenance and/or improvement of stormwater management systems and facilities

which are located on private or public property not owned by the City, and for which there has

been no written agreement granting easements, rights-of-entry, rights-of-access, rights-of-use or

other form of dedication thereof to the City for operation, maintenance, improvement and access

of such stormwater management and systems and facilities shall be and remain the legal

responsibility of the property owner, except as otherwise provided for by the state and federal laws

and regulations.

(c) It is the express intent of this article to protect the public health, safety and welfare of people and

property in general, but not to create any special duty or relationship with any individual person,

or to any specific property within or outside the boundaries of the City. The City expressly

reserves the right to assert all available immunities and defenses in any action seeking to impose

monetary damages or equitable remedies upon the City, its elected officials, officers, employees

and agents arising out of any alleged failure or breach of duty or relationship.

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(d) If any permit, plan approval, inspection or similar act is required by the City as a condition

precedent to any activity or change upon property not owned by the City pursuant to this or any

other regulatory ordinance, regulation or rule of the City, or under federal or state law, the

issuance of such permit, plan approval or inspection shall not be deemed to constitute a warranty,

express or implied, nor shall it afford the basis for any action, including any action based on

failure to permit, negligent issuance of a permit, negligent plan approval, or negligent maintenance

of any permitted stormwater management system or facility not expressly dedicated to and

accepted by the City for further maintenance in an action seeking the imposition of money

damages or equitable remedies against the City, its council members, mayor, officers, employees

or agents.

Section 74-155. Stormwater User Fee Rate.

(a) In order to adequately fund the cost of providing stormwater services and facilities while

fairly and equitably apportioning the cost of providing stormwater servies and facilities among

improved properties throughout the City, the City Council has established the following

Stormwater user fee charge rates. A copy of the user fee charge rate schedule shall be on file in

the office of the City Clerk.

(b) Stormwater User Fee Charge Rates shall be assigned to all improved properties as follows:

1. Properties shall be treated as containing one billing unit for each 1,000 square feet of

impervious area located on the property to establish the total number of billing units for

billing. (Ex. a property with 1,990 square feet of impervious area shall contain 1 billing

unit.)

2. The stormwater user fee charge rate shall be $18.00 per 1,000 square feet of impervious

area per year ($1.50 per month per 1,000 square feet per month if billed monthly).

3. All properties shall be billed periodically for stormwater services on a schedule established

by the City Council.

(c) The stormwater user fee rate has been established above and may be amended from time to time

by official action of the Mayor and City Council at their discretion.

Section 74-156. Stormwater User Fee Charges.

(a) It shall be the policy of the City that user fee charges for stormwater management services to be

provided by the Stormwater Utility in the designated service area shall be equitably derived

through methods which have a demonstrable relationship to the varied demands and impacts

imposed on the stormwater management services by individual properties and/or the level of

service rendered by, or resulting from, the provision of stormwater management services.

Stormwater user fee charge rates shall be structured so as to be uniform within the customer class,

and the resultant user fee charges shall bear a substantial relationship to the cost of providing

stormwater management services. User fee charge rates shall be in addition to other rates,

charges, or fees employed for stormwater management within the incorporated areas of the City,

including, but not limited to, plan review and inspection fees, fees for special services, fees in lieu

of regulatory requirements, system development charges and special assessments.

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(b) To the extent practicable, credits against stormwater user fee charges shall be provided for on-site

stormwater control systems and activities constructed, operated, maintained and performed to the

City’s standards by public and private property owners which eliminate, mitigate or compensate

for the impact that the property or person may have upon stormwater runoff discharged to public

stormwater management systems and facilities or to private stormwater management systems and

facilities which impact the proper function of public stormwater management systems and

facilities.

Section 74-157. Stormwater User Fee Charge Exemptions.

Except as provided in this section or otherwise provided by law, no public or private property located in

the incorporated area of Sugar Hill shall be exempt from the stormwater user fee charges. No exception, credit,

offset, or other reduction in stormwater user fee charges shall be granted based on age, tax status, economic

status, race, religion or other condition unrelated to the Stormwater Utility’s cost of providing stormwater

management services and facilities.

Exemptions to the stormwater user fee charges are as follows:

(a) Parcels which contain less than one thousand (1,000) square feet of impervious surfaces shall be

exempt from stormwater user fee charges.

(b) Railroad rights-of-way (tracks) shall be exempt from stormwater user fee charges. However,

railroad stations, maintenance buildings, and/or other improved property used for railroad

purposes shall not be exempt from stormwater user fee charges.

(c) Georgia Department of Transportation (GDOT) streets and rights-of-way shall be exempt from

stormwater user fee charges. This exemption is in recognition of routine drainage system

maintenance and capital construction services undertaken by GDOT in association with GDOT

rights-of-way and road systems. However, maintenance buildings and/or other improved property

used for GDOT purposes shall be exempt from stormwater user fee charges. All other State,

Federal, and County properties are subject to the user fee charges on the same basis as private

properties.

(d) Gwinnett County (County) streets and rights-of-way shall be exempt from stormwater user fee

charges. This exemption is in recognition of routine drainage system maintenance and capital

construction services undertaken by the County. However, other improved property used for

County purposes shall not be exempt from stormwater user fee charges.

(e) In consideration for the City allowing the Stormwater Utility to use the City’s existing street,

curbs, gutters, drainage ways and ditches, storm sewers, culverts, inlets, catch basins, pipes, head

walls and other structures, natural and man-made within and owned by the City which controls

and diverts surface water for the purposes of collecting, diverting, transporting and controlling

surface and storm waters; the utility shall not charge the City a stormwater user fee charge for the

City’s impervious surface area resulting from the City’s impervious surfaces which are owned

and/or maintained by the City within the public right of ways.

(f) Any property whereby one hundred percent (100%) of the stormwater runoff is contained or

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infiltrated on the property and no stormwater runoff is discharged, via overland flow or manmade

conveyance to adjacent properties or rights-of-way for all storm events up to and including the

100-year 24-hour storm event.

Section 74-158. Stormwater User Fee Charge Credits.

(a) The Stormwater Utility Manager shall grant credits or adjustments based on the technical and

procedural criteria set forth in the Stormwater Utility Credit Technical Manual, which shall be adopted and

amended by and at the discretion of the Stormwater Utility Manager as an operating policy of the Stormwater

Utility. Copies of the Credit Technical Manual shall be maintained by and available from the Stormwater Utility

Manager.

1. A stormwater user fee charge credit shall be determined based on the technical

requirements, standards and criteria containted in the Credit Technical Manual. The

amount of credit, or reduction of the stormwater user fee charge, shall be in accordance

with the criteria contained in the Credit Technical Manual.

2. Any credit allowed against the stormwater user fee charge is conditioned on continuing

compliance with the City’s design and performance standards as stated in the Credit

Technical Manual and/or upon continuing provision of the controls, systems, facilities,

services, and activities provided, operated, and maintained by the property owner or

owners upon which the credit is based. The Stormwater Utility Manager may revoke a

credit at any time for noncompliance with applicable standards and criteria as established

in the Credit Technical Manual or this article.

3. In order to obtain a credit, the property owner must make application to the City on forms

provided by the Stormwater Utility Manager for such purpose, and in accordance with the

procedures outlined in the Credit Technical Manual.

4. Property owners may apply for any credits and/or adjustments in accordance with the

Credit Technical Manual.

5. The application for any credit or adjustment must be in writing and must include the

information necessary to establish eligibility for the credit or adjustment, and be in the

format established by the Stormwater Utility Manager. Incomplete applications will not be

accepted for consideration and processing.

(b) When an application for a credit is deemed complete by the Stormwater Utility Manager, he shall

have 30 days from the date the complete application is accepted to either grant the credit in whole,

grant the credit in part, or deny the credit. If the Stormwater Utility Manager fails to render a

decision within 30 days, the credit application shall automatically be deemed denied, but said

denial shall be subject to appeal to the City Manager as set forth in this Article. Credits applied

for by the property owner and granted in whole or in part, shall apply to all stormwater user fee

charges in accordance with the terms defined in the Credit Technical Manual.

Section 74-159. Enforcement Methods and Inspections.

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(a) All property owners of improved property within the incorporated areas of Sugar Hill shall

provide, manage, maintain, and operate on-site stormwater management systems sufficient to

collect, convey, detain, and discharge stormwater runoff in a safe manner consistent with all

applicable City development regulations, ordinances, and State and Federal laws. Any failure to

meet this obligation shall constitute a violation of this article and be subject to citation and

prosecution in the Sugar Hill Municipal Court. Each day such violation exists shall constitute a

separate offense, subject to the penalties set forth in Section 1-7 of the Code of the City of Sugar

Hill.

(b) Alternately, in the event a public nuisance is deemed to exist by the Stormwater Utility Manager,

the City may elect to sue in the Superior Court of Gwinnett County to abate such nuisance. In the

event a public nuisance is found by the court to exist, which the property owner fails to abate

within such reasonable time as allowed by the Superior Court, the City may enter upon the

property and cause work as is reasonably necessary to be performed, with the actual cost thereof

assessed against the property owner in the same manner as a tax levied against the property. From

date of filing of such abatement action, the City shall have lien rights which may be perfected,

after judgment, by filing a notice of lien on the general execution docket of the Superior Court of

Gwinnett County.

(c) The City shall have the right for its designated officers and employees to enter upon public and

private property during reasonable hours, and after reasonable notice to the owner thereof, in order

to assure compliance with the provisions of this article, and State and Federal law. Such

inspections shall generally be limited to the following purposes:

1. Inspecting or conducting engineering analyses on existing stormwater management

systems and facilities located on-site; or

2. Determining that stormwater management systems and facilities need to be constructed.

Section 74-160. Stormwater User Fee Charge Billing, Delinquencies, Collections, Adjustments.

(a) Billing.

1. Stormwater user fee charges shall begin to accrue on January 1, 2009, and shall be billed

thereafter. A bill for stormwater user fee charges may be sent through the United States Postal

Service or by alternative means, notifying the owner of the property being billed of the amount of

the stormwater user fee charge, less credits, the date the payment is due and the date when

payment is past due.

2. The City Council appoints the Gwinnett County Tax Commissioner (“Tax Commissioner”) as its

agent and representative for the billing and collection of stormwater user fee charges. The City

Council authorizes the Tax Commissioner to bill and collect the Sugar Hill Stormwater User Fee

Charge as part of the property/ad valorem tax bill. The City Council further authorizes the Tax

Commissioner to charge and collect penalties and interest as set forth in Subsection (b) of this

Section.

In the event the Tax Commissioner is unable or unwilling to serve as the City’s agent or is unable

or unwilling to bill or collect taxes or stormwater user fee charges on behalf of the City, the City

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Council authorizes the City Manager to bill and collect the stormwater user fee charge. The City

Manager shall be authorized to bill and collect the stormwater user fee charge as an additional line

item on the City’s Gas Utility or through a separate one time yearly statement to be billed on or

before October 1 of each year with a due date on or before November 15 of each year. The City

Manager may use his discretion in determining the most efficient and economical manner of

collection.

3. If a bill for a stormwater user fee charge for a particular parcel is generated, failure of the

customer to receive the bill shall not be justification for nonpayment.

4. Regardless of the party to whom the bill is initially directed, the owner of the property, as

identified from the public land records of Gwinnett County, shall be obligated to pay the

appropriate stormwater user fee charge for that property and any interest and/or penalties that have

accrued.

5. If a property is unbilled, or if no bill is sent for a particular tract of improved property, the Sugar

Hill Stormwater Utility may back bill for a period of up to one (1) year, but shall not be entitled to

any interest or any penalty charges during the back billed period.

(b) Delinquencies and collection.

1. A penalty or late charge in the amount of five percent (5%) of the amount due and unpaid on the

due date shall be assessed against the customer.

2. In addition to the penalty stated above, interest in the amount of one percent (1%) per calendar

month (12% annually) shall accrue on all unpaid amounts beginning on November 16 of the year

in which the payment is due.

3. The City shall assess all costs of collection, including attorneys’ fees and court costs, against the

property owner.

4. Unpaid stormwater user fee charges shall be collected in any manner permissible by Georgia law,

including but not limited to: utilizing the services of a collection agency, by filing suit to collect

on an unpaid account, or by using all methods allowed by Georgia law to collect on any judgment

obtained, including enforcement of any lien resulting from any such judgment. Unless reduced to

a judgment and a Writ of Fieri Facias (FiFa) issued, the unpaid user fee charge shall not constitute

a direct lien against the owner and/or the property.

(c) Adjustments.

1. The Stormwater Utility Manager shall administer the procedures and standards for the adjustment

of the stormwater user fee charge.

i. If a customer believes their stormwater user fee is incorrect, the customer may seek an

adjustment of the stormwater user fee charge allocated to a property at any time by

submitting the request in writing to the Stormwater Utility Manager and setting forth in

detail the grounds upon which relief is sought.

477

ii. Customers requesting the adjustment shall be required, at their own expense, to provide

supplemental information to the Stormwater Utility Manager, including, but not limited to,

a survey certified by a registered land surveyor or a professional engineer. Submittal of

this information will be required if the City staff cannot make a determination based on

field inspection and/or review of existing City aerial photography. Failure to provide the

required information within the time limits established by the Stormwater Utility Manager,

as may be reasonably extended, may result in denial of the adjustment request.

iii. Once a completed adjustment request and all required information are received by the

Stormwater Utility Manager, the Stormwater Utility Manager shall have 30 calendar days

within which to render a written decision. If the Stormwater Utility Manager fails to render

a decision within 30 days, the adjustment request shall automatically be deemed denied,

but said denial shall be subject to appeal to the City Manager as set forth in this Article.

Concurrent payment of any charges allocated to the property is not required as a condition

precedent to this request for review.

iv. In considering an adjustment request, the Stormwater Utility Manager shall consider

whether the calculation of the stormwater utility user fee charge for the property is correct.

v. The Stormwater Utility Manager's decision shall be in writing and will be mailed to the

address provided on the adjustment request, and service shall be complete upon mailing.

vi. If the result of an adjustment is that a refund is due the applicant, the refund will be applied

as a credit on the applicant's next stormwater bill.

Section 74-161. Appeals, Hearings.

(a) Appeals. An appeal to the City Manager may be taken by any property owner or customer

aggrieved by any decision of the Stormwater Utility Manager. The appeal shall be taken within 30

days of the decision of the Stormwater Utility Manager by filing with the City Manager a notice of

appeal in writing specifying the grounds thereof. Upon the filing of the notice of appeal, the

Stormwater Utility Manager shall forthwith transmit to the City Manager all documentation

constituting the record upon which the decision appealed from was taken.

(b) Hearing. The City Manager shall fix a reasonable time for hearing the appeal and give written

notice to the appellant at least ten days prior to the hearing date. The notice shall indicate the

place, date and time of the hearing. The City Manager shall affirm, reverse, affirm in part, or

reverse in part the decision of the Stormwater Utility Manager after hearing the evidence. If the

decision of the Stormwater Utility Manager is reversed in whole or in part, resulting in a refund or

credit due to the property owner, then such refund or credit shall be calculated retroactive to the

date of the initial appeal.

(c) The decision of the City Manager shall be final, and there shall be no further

administrative action. Any person aggrieved or dissatisfied with the decision of the City Manager

may appeal that decision to the Superior Court of Gwinnett County by Writ of Certiorari.

Ordinance August, 2008.

478

CODE COMPARATIVE TABLE

1988 CODE

This table gives the location within this Code of those sections of the 1988 Code, as amended, which are included herein. Sec tions of the 1988

Code, as amended, not listed herein have been omitted as repealed, superseded, obsolete or not of a general and permanent nature.

1988 Code Section Section this Code

1-1, 1-2 1-1, 1-2

1-3—1-6 1-2—1-5

1-8 1-7

2-1, 2-2 2-1, 2-2

2-4—2-7 2-4—2-7

2-22 2-32

2-25, 2-26 2-33, 2-34

2-41—2-45 2-66-2-70

2-46 2-70

2-50 2-72

2-52—2-54 2-74—2-76

2-81 2-111

2-102 2-146

2-104 2-147

2-113 2-181

2-114 2-183, 2-184

2-121—2-124 2-206—2-209

2-141 2-271

2-151—2-157 62-31—62-37

2-191—2-197 2-296—2-302

3-21 6-21

3-22—3-28 6-41—6-47

3-29(a)—3-29(e) 6-71—6-75

3-30, 3-31 6-76, 6-77

3-41 6-101

3-42—3-48 6-136—6-142

3-49(a)—3-49(e) 6-143—6-147

3-50, 3-51 6-148, 6-149

3-52 6-176

3-59 6-177

3-60 6-180

3-61 6-211

3-62 6-178

3-64 6-179

3-65—3-76 6-212—6-223

3-77—3-88 6-281—6-292

3-89 6-224

479

3-90 6-256, 6-257

3-91, 3-92 6-258, 6-259

3-93 6-225

3-94—3-98 6-293—6-297

3-99—3-101 6-226—6-228

3-103 6-299

3-104 6-229

3-105—3-108 6-300—6-303

3-109 6-230

3-110 6-304

3-115 6-306

3-116 6-231

3-117—3-125 6-331—6-339

3-200 6-361

3-201 6-363

3-202 6-362

3-204 6-364

3-205—3-216 6-386—6-397

3-217—3-227 6-426—6-436

3-229, 3-230 6-437, 6-438

3-23 1, 3-232 6-398, 6-399

3-233 6-486, 6-487

3-234, 3-235 6-488, 6-489

3-236—3-242 6-439—6-445

3-243 6-447

3-244, 3-245 6-400, 6-401

3-246 6-365

3-247 6-402

3-248—3-256 6-448—6-456

3-257 6-403

3-258, 3-259 6-457, 6-458

3-260, 3-261 6-511, 6-512

3-262, 3-264 6-459—6-461

3-266 6-462

4-2, 4-3 10-1, 10-2

5-1, 5-2 14-21, 14-22

5-30—5-36 14-71—14-77

5-51—5-56 14-101—14-106

5-57—5-30 14-141—14-144

5-61 14-107

5-62, 5-63 14-145, 14-146

5-64(1), (2) 14-147

5-64(3) 14-108

5-65 14-148

5-66—5-68 14-109—14-111

5-69, 5-70 14-149, 14-150

5-71 14-112

480

5-72, 5-74 14-151—14-153

5-75, 5-76 14-211, 14-212

5-77 14-113

5-78 14-154

5-81 14-155

5-82(a)—5-82(f) 14-18 1—14-1 86

5-85 14-11

5-87, 5-88 14-115, 14-116

5-101—5-107 14-241—14-247

12-1 66-1

12-21—12-29 66-26—66-34

12-41—12-50 38-21—38-30

12-91—12-97 38-86—38-92

12-151 18-221

12-152—12-155 18-251—18-254

12-156—12-159 18-222—18-225

12-160—12-162 18-255—18-257

12-176—12-181 22-21—22-26

14-3, 14-4 54-2, 54-3

14-5 70-131—70-135

15-1, 152- 56-1, 56-2

15-4—15-10 56-4—56-10

15-21—15-23 56-39—56-41

15-31—15-37 56-71—56-77

16-1—16-12 46-1—46-12

17-1 50-1

17-3—17-6 50-2—50-5

18-1—18-28 70-21—70-48

18-30.1 70-49

18-30.3 70-50

18-30.5 70-51

18-51 18-21

18-52—18-58 18-46—18-52

18-60 18-22

18-71 18-76

18-72—18-74 18-78—18-80

18-91—18-108 38-151—38-168

18-121 18-106

18-122 18-141—18-143

18-123, 18-124 18-144, 18-145

18-128(A) 18-146

18-129, 18-130 18-110, 18-111

18-132, 18-133 18-113, 18-114

18-221—18-223 70-106—70-108

19-1 58-1

19-21—19-25 58-26—58-30

25-1 74-1

481

25-21—25-30 74-21—74-30

25-52 74-52

25-54, 25-55 74-54, 74-55

25-70—25-95 74-70—74-95

O.C.G.A. Section this Code

1-3-1(4)—1-3-1(7) 1-2

1-3-1(a), (b) 1-2

1-3-1(d)(3) 1-2

1-3-3(5) 1-2

1-3-3(8) 1-2

1-3-3(10)—1-3-3(12) 1-2

1-3-3(14)—1-3-3(16) 1-2

1-3-3(23), 1-3-3(24) 1-2

2-4-130 et seq. 6-512

2-10-105 70-38

tit. 3 6-77

6-149

3-1-1 et seq. Ch. 6

3-1-2 6-41

6-136

3-3-2 Ch. 6

Ch. 6, Art. II, Div. 2

Ch. 6, Art III, Div. 2

Ch. 6, Art IV, Div. 2

3-3-7 Ch. 6

6-303

6-449

3-3-20 6-303

6-449

3-3-21 6-43

6-13 8

6-302

6-448

3-3-23 6-305

3-4-49, 3-4-50 Ch. 6

3-4-80 6-511

3-4-80 et seq. Ch. 6

3-4-90 et seq. Ch. 6, Art. V

3-5-1 et seq. Ch. 6, Art. II

Ch. 6, Art. IV

3-5-40 et seq. Ch. 6

3-5-80 6-41

3-5-80 et seq. Ch. 6

3-5-881 6-41

482

3-6-1 et seq. Ch. 6, Art. III, Ch. 6, Art. IV

3-6-40 Ch. 6

3-6-60 Ch. 6

6-136

3-6-60 et seq. 6-333

3-7-40 et. seq. Ch. 6

3-101 et seq. 6-149

4-1-1 et seq. Ch. 10

4-8-20 et seq. 10-32

10-36

8-2-1 et seq. Ch. 14, Art. III

8-2-20(9)(B)(i)(I) 14-21

8-2-25(a) 14-21

12-2-8(b) Ch. 26, Art. II

26-21

12-8-20 et seq. Ch. 66

12-8-3 1.1 Ch. 66

12-8-39 66-1

14-13-7 70-24

15-6-8 46-12

16-1-3 54-1

16-5-20 et seq. 2-1

16-6-2 54-1

16-6-9 54-1

16-7-40 et seq. Ch. 66

Ch. 66, Art. II

16-10-6 2-6

16-11-39 54-1

16-12-4 10-31

16-20-24 et seq. 2-1

tit. 21, ch. 2 Char. § 5.10

21-2-1 et seq. 2-31

21-2-216 2-32

2 1-5-1 et seq. Ch. 2, Art. III, Div. 5

tit. 22 Char. § 1.12

25-9-1 et seq. Ch. 74, Art. II

26-3-370 et seq. 38-164

31-1-1 et seq. Ch. 38

31-3-1 38-151

ch. 31-5 74-70

31-5-1 et seq. 38-168

ch. 31-28 38-151, 38-152

38-154

33-3-5 70-76

33-3-5(1) 70-80

483

33-8-4 70-79, 70-80

33-8-8 70-77

33-8-8 et seq. 70-3 8

33-8-8.1, 33-8-8.2 70-79, 70-80

tit. 36, ch. 64 2-300

36-25-6(a)(2) 1-7

36-30-1 et seq. Ch. 2

36-32-1 et seq. Ch. 46

36-35-1 et seq. Ch. 6

Ch. 10

Ch. 18

Ch. 22

Ch. 26

Ch. 30

Ch. 34

Ch. 38

Ch. 42

Ch. 50

Ch. 58

Ch. 66

Ch. 74

36-35-4 Ch. 74

36-37-6(g) 2-182

ch. 36-64 58-1

36-64-1 et seq. 2-300

58-1

36-64-5 Ch. 2, Art. IV, Div. 2

36-70-1 et seq. Ch. 62

36-71-2(8) 70-22

36-80-19 1-1

3 8-3-1 et seq. Ch. 22, Art. II

38-3-27 Ch. 22, Art. II

40-6-254 6-306

40-11-1 38-27

40-11-1 et seq. 38-27

41-1-1 et seq. Ch. 50

41-2-1 et seq. 38-28

42-8-60 et seq. 18-107

tit. 43 70-33

43-1-1 et seq. Ch. 18

44-12-131 18-109

18-112

44-121-130 et seq. Ch. 18, Art. IV

44-121-136 Ch. 18, Art. IV

tit. 46, ch. 3 70-38

484

46-3-1 et seq. 70-38

46-7-15 70-38

48-1-1 et seq. Ch. 70

48-5-40 RL § 1, RL § 2

48-5-50.1 RL § 1, RL § 2

48-5-355, 48-5-356 70-38

48-6-93 70-38

70-106

48-6-93(d) 70-107

48-13-1 70-22

48-13-1 et seq. Ch. 70, Art. II

48-13-5—48-13-26 70-30

48-13-7 70-21

70-24

48-13-8, 48-13-9 70-23

48-13-9 70-24

48-13-9(c)1—18

70-28

48-13-9(c)(1) 70-28

48-13-9(c)(1)—(18)

70-28

48-13-9(c)(1) 70-28

48-13-9(c)(1)—(18) 70-28

48-13-55 70-38

tit. 50 2-71

50-14-1 2-66

50-14-1(d) 2-67

50-18-70 et seq. 2-3

2-72

50-18-71 2-4

485

ABANDONMENT

Animal control

Abandoned animals .......... 10-29

Junk, storage of

Abandoned motor vehicles ........ 38-27

Nuisances

Declared .......... 50-1

ABATEMENT

Adult entertainment establishments

Abatement as sanitary nuisance .......... 18-350

Alcoholic beverages

Consumption on premises, sale of malt beverages and wine for

Operational requirements and restrictions

Signs, removal of ......... 6-296

Spirituous liquor, sale of, for on-premises consumption


Signs, removal of ......... 6-442

Animals

Animal control

Dead animals, removal of ........ 10-3 9

Bird sanctuary, city designated as

Trapping, shooting, etc., birds or wild fowl; abatement of nuisance .......... 10-1(b)

Junk, storage of ........... 38-23 et seq.

See: JUNK, STORAGE OF

Nuisances

Abatement by city .......... 50-3

Nuisance per se, exception; summary abatement .......... 50-4

ACCESS


Enclosed viewing rooms, prohibition of ........... 18-351(1)

ACCIDENTS

Offenses and miscellaneous provisions

Disorderly conduct

Prohibited acts .......... 54-1(c)

ACCUMULATIONS

Junk, storage of

Accumulation of junk prohibited ......... 3 8-22

ADMINISTRATION. See specific subjects

ADULT ENTERTAINMENT ESTABLISHMENTS

Abatement as sanitary nuisance ........... 18-350

Alcohol, sale of, prohibited .......... 18-341

Appeals

City council to receive testimony and evidence .......... 18-439

Council action ............ 18-438

Departments and other agencies of city

486

City council to receive testimony and evidence .......... 18-439

Council action ........... 18-438

Procedure

Clerk to place on council meeting agenda ............ 18-437(c)

Evidence, rules of .......... 18-441

Hearing officer .......... 18-440

Hearing officer report and final decision ........... 18-442

Mayor and council

Action, council .......... 18-438

Procedure


Testimony and evidence, city council to receive ......... 18-439

Officers and employees


Hearing officer report and final decision .......... 18-442

Procedure


Procedure ............ 18-437

Clerk to place on council meeting agenda ................... 18-437(c)

Notice, contents of .......... 18-437(b)

Notice of appeal ..................... 18-437(a)

Severability ......... 18-444

Superior court, appeal of council decision to .......... 18-443

Time limit for filing ......... 18-436

Applicability of article .......... 18-338

Certain activities prohibited ......... 18-340

City clerk

Appeals

Procedure


Employees

City clerk approval of employees ........... 18-344(c)

License

Application

Submittal to city clerk; application fee .......... 18-406

Cleaning of licensed premises .......... 18-347

Definitions ......... 18-337


Appeals. See herein that subject

Employees ......... 18-344

City clerk approval of employees ...................... 18-344(c)

Contractors, independent ................... 18-344(e)

Dancers not to be waiters, waitresses, etc ........... 18-344(b)

Qualifications ........... 18-344(a)

Violations of ordinances or state law ......... 18-344(d)

Enclosed viewing rooms, prohibition of ............ 18-35 1

Access ........... 18-351(1)

Construction ......... 18-351(2)

Occupants ...................... 18-351(3)

Erotic dance establishment regulations ......... 18-339

Findings and Purpose ............ 18-336

Findings ........ 18-336(a)

376

Purpose .......... 18-336(b)

License

Application

Authority to conduct business, application not ........... 18-407

Bond to be filed with application ........... 18-408

Contents ......... 18-410

Fee, applicant to provide proof of payment of ........... 18-411

Investigation of application ............ 18-409

Investigation of application and applicant; grant or denial ........... 18-412

Conditions for granting license ....................... 18-412(b)

Failure to meet character requirements ........... 18-412(c)

Failure to pay license fee ...................... 18-412(e)

Notice, written, of grant or denial ...................... 18-412(d)

Time limit for investigation ............ 18-412(a)

Submittal to city clerk; application fee ........... 18-406

Illegal activity, license does not condone .......... 18-376

Persons prohibited as licensees ........... 18-381

Renewal; fee .......... 18-378

Required ........... 18-377

Suspension or revocation .......... 18-380

Transferability ............ 18-379

Location .......... 18-343

Mayor and council


Minors, admission of and sales to, unlawful .......... 18-342

Notices, notification

Appeals

Procedure

Notice, contents of ......... 18-437(b)

Notice of appeal .......... 18-437(a)

License; application

Investigation of application and applicant; grant or denial

Notice, written, of grant or denial 18-412(d)



Employees

City clerk approval of employees ............ 18-344(c)

License

Application

Submittal to city clerk; application fee ........... 18-406

Records and reports

Appeals

Hearing officer report and final decision .......... 18-442

Time limit for filing ............ 18-436

License

Application

Bond to be filed with application .......... 18-408

Sealing for unsanitary or unsafe conditions ............ 18-349

Self-inspection of licensed premises .......... 18-348

Unlawful operation declared nuisance ............ 18-346

Violations of article; penalty ........... 18-345

488

ADVERTISING

Alcoholic beverages



Advertisement, exterior, prohibited .......... 6-291



Advertisement, exterior, prohibited .......... 6-437

AFFIRMATION. See: OATH, AFFIRMATION, SWEAR OR SWORN

AGENCIES. See: DEPARTMENTS AND OTHER AGENCIES OF CITY

AGREEMENTS. See: CONTRACTS AND AGREEMENTS

AGRICULTURE

Noise

Exemptions to sound limits .......... 38-89

Wetlands protection district

Permitted uses .......... 26-45

AIR CONDITIONING. See: HEATING AND AIR

AIR POLLUTION. See: POLLUTION

ALCOHOLIC BEVERAGE REVIEW BOARD

Provisions re ...................... 6-256 et seq.

See: ALCOHOLIC BEVERAGES

ALCOHOLIC BEVERAGES


Alcohol, sale of, prohibited .......... 18-341

Location .......... 18-343

Alcoholic beverage review board

Consumption on premises, sale of malt beverages and wine for. See herein that subject

Spirituous liquor, sale of, for on-premises consumption. See herein that subject

City clerk



Hearings

Clerk to notify appellant .......... 6-258(d)

License

City clerk, members of alcoholic beverage review board prohibited from interest

in license ...................... 6-222


License


in license ...................... 6-396



Composition ........... 6-257

Established; duties .......... 6-256

489

Hearings .......... 6-258

Appeal of findings ..................... 6-258(f)

Clerk to notify appellant ...................... 6-258(d)

Grounds for setting aside findings ......... 6-258(e)

Notice, written, of denial, suspension or revocation of license ……… 6-258(b)

Time frame for hearing .......... 6-258(c)

Notice .......... 6-259

Compliance with article required ......... 6-179

Definitions .......... 6-178


Alcoholic beverage review board. See within this subheading that subject

License


in license ....................... 6-222

Golf course, public, sale of malt beverages at; authorization ........... 6-176

Inspections, inspectors


Inspection, premises open for .......... 6-290

Wholesaler licensing and regulations, beer and/or wine

Invoices

Required with every delivery; wholesaler to keep copy and make it

available for inspection ................... 6-337(a)

Retailer to keep original and make it available for inspection…..6-337(b)

License

Application

Acceptance and consideration of application after rejection or revocation …..6-225

Application for license permitting sale of alcoholic malt beverages and wine for

consumption on premises .......... 6-214

False information in application .......... 6-226

Form of application to be prescribed by city authorities ......... 6-213

Provisions re; data; information; requirement for ........... 6-229

Provisions re; form; content; process; deposit .......... 6-215

Bonds, filing of, by applicants for license ......... 6-216

Change in relationships and/or ownership interest ........... 6-221

City clerk, members of alcoholic beverage review board prohibited from interest in

license ......... 6-222

False information in application ............ 6-226 Fees, annual, for sale of malt beverages and wine for consumption on premises….6-231

Amount ..................... 6-231(a)

Due date .................... 6-231(b)

Renewal .................... 6-231(c)

Investigation of applicant; report ............ 6-217

New license in existing license location, application for ............ 6-228

Operational requirements and restrictions. See within this subheading that subject

Other licenses ......... 6-230

Persons with prior conviction, issuance of license to, prohibited; exception .......... 6-219

Qualifications, general .......... 6-220

Conditions for granting .......... 6-220(a)

Decisions to be in writing 6-220(b)

Hearing, right to 6-220(c)

Renewal, annual ........... 6-223

Required within incorporated areas of city; license a privilege .......... 6-211

490

Separate application and separate license for each location of sale .......... 6-212

Suspension or revocation of license, grounds for ........... 6-224

Taxes and other debts to city, payment of .......... 6-218

Transfers, restriction upon ........... 6-227

Wholesaler licensing and regulations, beer and/or wine. See within this subheading that

subject

Misrepresentation

License

False information in application .......... 6-226


Misrepresentation of alcoholic beverages .......... 6-287

Persons under 21 years of age, furnishing to, purchase by, or possession by; false

and proper identification; dispensing, serving, selling, or handling in

course of employment ......... 6-305



License

City clerk, members of alcoholic beverage review board prohibited from interest in

license ............. 6-222


Advertisement, exterior, prohibited ........... 6-291

Automatic revocation of city license ......... 6-295

Citizenship; residence requirements; registered agent .......... 6-301

Completion of proposed licensed premises .......... 6-294

Copy of this article, licensees to maintain; employees to be familiar with its terms;

responsibility of licensee for violations ........... 6-289

Designated area, issuance of licenses limited to .......... 6-300

Distance from schools, churches, residences ........... 6-302

Employees of licensees, regulations as to .......... 6-298

Entertainment, attire and conduct, types of, prohibited ............ 6-283

Gambling on premises prohibited ........... 6-281

"Happy hour" promotions and sales .......... 6-284

Hours of sale .......... 6-303

Inspection, premises open for .......... 6-290

Inventory, retail consumption dealers to store, only on premises ......... 6-286

Licenses

Automatic revocation of city license ........... 6-295

Designated area, issuance of licenses limited to ........... 6-300

Display of licenses ........... 6-288

Wholesalers, licensed, consumption dealers to buy only from; minimum legal

container; sales off-premises prohibited ........... 6-285

Misrepresentation of alcoholic beverages .......... 6-287

Persons under 21 years of age, furnishing to, purchase by, or possession by; false and

proper identification; dispensing, serving, selling, or handling in course of

employment ......... 6-305

Persons with prior convictions, employment of, prohibited ......... 6-299

Public places, alcoholic beverages in .......... 6-307

Revocation upon violation of any provision of this article .......... 6-297

Sales restricted to premises only ............ 6-292

491

Signs, removal of .......... 6-296

Solicitation prohibited .......... 6-282

Time limit for commencement of business in licensee's establishment; forfeiture for

non-use .... 6-293

Underage persons, employment of, prohibited; exceptions .......... 6-304

Wholesalers, licensed, consumption dealers to buy only from; minimum legal container;

sales off-premises prohibited .......... 6-285

Penalties; continuing violation ........... 6-180

Purpose of article .......... 6-177

Records and reports

License

Bonds, filing of, by applicants for license ............ 6-216

Investigation of applicant; report .......... 6-217


Records, production of .......... 6-339


Excise tax: Levied, amount, payment, duties of dealers and wholesalers .......... 6-333

Basis for computation of tax ........... 6-333(b)

Computations, payment, duties of wholesale dealer and distributor ......... 6-333(c)

Noncompliance by wholesale dealer; distributor ......... 6-333(d)

Scope of section .......... 6-333(a)

Unlawful deliveries ............ 6-333(f)

Unlawful retail sales ......... 6-333(e)

Violations and penalties ........... 6-333(g)

Fees, annual, for wholesalers ......... 6-332

Invoices .......... 6-337

Required with every delivery; wholesaler to keep copy and make it available for

inspection .......... 6-337(a)

Retailer to keep original and make it available for inspection ........... 6-337(b)

Penalties and enforcement ........... 6-340

Records, production of ........... 6-339

Requirements of wholesalers ......... 6-334

Delivery to licensed retailers only .......... 6-334(b)

License required ......... 6-334(a)

Retail storage, regulations governing ......... 6-336

Retailers to purchase from licensed wholesalers only .......... 6-335

Revocation or suspension of license ........... 6-33 8

Special provisions applicable to wholesale purchase ......... 6-331

Delivery vehicle to be clearly marked .................... 6-331(d)

Financial interest in license for retail sale of alcoholic beverages, wholesaler not

to have .................... 6-331(b)

Licensed, wholesaler required to be ..................... 6-331(a)

Purchases; sales .......... 6-331(c)



Malt beverages, retail sale of


Factors for council consideration ......... 6-42(e)

Referral to city council ........ 6-42(c)


Wine, retail sale of


492

Factors for council consideration ..........6-137(e)

Referral to city council .......... 6-137(c)

Hearings


Alcoholic beverage review board .......... 6-258

License; qualifications, general

Hearing, right to .......... 6-220(c)


Alcoholic beverage review board .......... 6-488

License

Suspension or revocation; notice hearing; refund .......... 6-398

Hours




Hours of sale .......... 6-303




Hours of sale .......... 6-449

Housing




Distance from schools, churches, residences ............ 6-302


License



Distance from schools, churches, residences ............ 6-448

Inspections, inspectors


Licenses and permits


Malt beverages, retail sale of. See herein that subject Spirituous liquor, sale of, for on-

premises consumption. See herein that subject

Wine, retail sale of. See herein that subject


Consumption, on-premises; consumption in public places ........ 6-21

License

Application .......... 6-42

Contents ........... 6-42(a)


Notice, publication of .......... 6-42(d)

Recommendation of city manager .......... 6-42(b)

Referral to city council .......... 6-42(c)

Display ........... 6-45

Issuance ......... 6-44

Operational requirements and restrictions. See within this subheading that subject

Required; fee; excise tax ......... 6-41

Restrictions on issuance .......... 6-43

Revocation, suspension, etc .............. 6-47

493

Termination and renewal ........... 6-46


Licenses

Duplicate licenses .......... 6-73

Location, license required for each .......... 6-74

Nontransferable .......... 6-72

Separate license required for each business on premises .......... 6-75

Location, change of .......... 6-71

Penalties ...........6-76

State law, compliance with ...........6-77

Massage or spa establishments

Operating provisions, general .......... 18-283(n)

Mayor and council



Factors for council consideration .......... 6-42(e)

Referral to city council ......... 6-42(c)



Factors for council consideration .......... 6-137(e)

Referral to city council ......... 6-137(c)

Minors



Persons under 21 years of age, furnishing to, purchase by, or possession by; false

and proper identification; dispensing, serving, selling, or handling in

course of employment ........... 6-305

Underage persons, employment of, prohibited; exceptions .........6-304


Misrepresentation




Minors

Misrepresentation of age by persons under 21 years of age ........... 6-455

Misrepresentation of alcoholic beverages ........... 6-434

Notices, notification



Hearings

Notice, written, of denial, suspension or revocation of license

….6-258(b)

Notice ......... 6-259



Notice, publication of ........... 6-42(d)


Alcoholic beverage review board ........... 6-489

License

Suspension or revocation; notice hearing; refund .......... 6-398



494

Notice, publication of .......... 6-137(d)


Disorderly conduct






Recommendation of city manager .......... 6-42(b)




Recommendation of city manager .................... 6-137(b)

Parks and recreation facilities, public

Conduct; use regulations .......... 58-28(g)

Prohibited acts ........... 58-29(9)

Records and reports





Composition .......... 6-487

Established; duties .......... 6-486

Hearings ......... 6-488

Notice ......... 6-489

Compliance with article required .......... 6-364

Definitions .......... 6-362



License


in license ....................... 6-396

Excise tax

Levied, amount, payment, duties of dealers and wholesalers .......... 6-511

Computation of tax, basis for .......... 6-511(b)

Scope of section .................... 6-511(a)

Sale of spirituous liquor by drink, excise tax on .......... 6-512

Amount ......... 6-512(a)

Verification ......... 6-512(b)

Golf course, public, sale at ......... 6-365

Incorporated areas of city, sale within; license a privilege ........ 6-363

License

Application .......... 6-389

Contents ............ 6-389(b)

Building, plans of ........... 6-389(b)(1)

State application with required attachments .......... 6-389(b)(3)

Survey ............ 6-389(b)(2)

Fee ......... 6-389(d)

Processing fee ............6-389(c)

Refund upon denial ......... 6-389(e)

Required; form ..........6-389(a)

Application; data; information ......... 6-400

495

Application for license permitting sale of alcoholic spirituous liquor for consumption on

premises ............................................ 6-388

Authorities of city to prescribe appropriate form .......... 6-387

Bonds, filing of, by applicants for license ........... 6-390

Change in relationships and/or ownership interest ........... 6-395


City clerk, members of alcoholic beverage review board prohibited from interest in license

...................... 6-396

Designated area, issuance of licenses limited to ........... 6-401

Fees, annual, for sale of spirituous liquor for consumption on premises .......... 6-403

Incorporated areas of city, sale within; license a privilege .......... 6-363

Investigation of applicant; report .......... 6-391

Operational requirements and restrictions. See within this subheading that subject Persons

with prior conviction, issuance of license to, prohibited; exception ........................ 6-393

Qualifications, general .......... 6-394

Renewal, annual .......... 6-397

Separate application and separate license for each location of sale .......... 6-386

Suspension of license; causes ......... 6-399

Suspension or revocation; notice hearing; refund ......... 6-398

Taxes and other debts to city, payment of ........... 6-392

Minors

Operational requirements and restrictions. See within this subheading that subject Officers

and employees

Alcoholic beverage review board. See within this subheading that subject License


in license ...................... 6-396


Advertisement, exterior, prohibited ........... 6-437

Bring your own bottle ("brown bagging") prohibited ........... 6-430

Completion of proposed licensed premises ........... 6-441

Copy of this article, licensees to maintain; employees to be familiar with its terms;

responsibility of licensee for violations .......... 6-436

Distance from schools, churches, residences .......... 6-448

Drunkards, sales to, prohibited ........... 6-452

Employees of licensees, regulations as to ........... 6-446

Employees of licensees to be fingerprinted; procedure ......... 6-445

Entertainment, attire and conduct, types of, prohibited ........ 6-428

Gambling on premises prohibited ......... 6-426


Hours of sale .......... 6-449

Incompetents, sales to, prohibited ......... 6-452

Invoices ........ 6-46 1

Retailer to keep original ........... 6-461(b)

Wholesaler to keep copy .......... 6-461(a)

Licenses

Application, acceptance and consideration of, after rejection or revocation ..6-439

Display of licenses .......... 6-435

New license in existing license location, application for ........... 6-444

Other licenses ........... 6-450

Transfers, restriction upon ......... 6-443

Minors

Employment of underage persons prohibited; exceptions ........... 6-451

496

Furnishing of alcoholic beverages to underage persons ........... 6-453

Misrepresentation of age by persons under 21 years of age ........... 6-455

Purchase, consumption or possession by or for under aged persons ........... 6-454

Sales to underage persons prohibited ........... 6-452

Misrepresentation of alcoholic beverages ........... 6-434

Penalty for violation of article; enforcement ............ 6-463

Persons with prior convictions, employment of, prohibited .......... 6-447

Public places, alcoholic beverages in .......... 6-456

Purchase restricted; requirements of wholesalers generally; minimum legal container;

sales off-premises prohibited ........... 6-432

Records, production of ........... 6-462

Retail storage, regulations governing .......... 6-433

Sales restricted to premises only .......... 6-438

Signs, removal of ........... 6-442

Solicitation prohibited ............ 6-427

Time limit for commencement of business in licensee's establishment; forfeiture for

nonuse ........... 6-440

Unlicensed premises, sale or delivery to ........... 6-431

Wholesale purchase, special provisions applicable to ........... 6-457

Wholesalers

Fees, annual, for wholesalers ........... 6-458

Invoices

Wholesaler to keep copy ............ 6-461(a)

Purchase restricted; requirements of wholesalers generally; minimum legal

container; sales off-premises prohibited ............ 6-432

Requirements of wholesalers ........... 6-459

Retailers to purchase from licensed wholesalers only ............ 6-460

Purpose of article ........... 6-361

Records and reports

License

Bonds, filing of, by applicants for license ........... 6-390

Investigation of applicant; report ........... 6-391



Records, production of ……. 6-462

Taxation

Excise tax. See within this subheading that subject

License


Streets, sidewalks and other public places


Golf course, public, sale of malt beverages at; authorization ............. 6-176


Public places, alcoholic beverages in ........... 6-307


Consumption, on-premises; consumption in public places ….. 6-21


Golf course, public, sale at ........... 6-365


Public places, alcoholic beverages in ........... 6-456

497


Consumption, on-premises; consumption in public places ........... 6-101

Taxation


License



Excise tax: Levied, amount, payment, duties of dealers and wholesalers ….

…………………………………………..6-333



Consumption, on-premises; consumption in public places ... 6-101 License

Application .......... 6-137

Contents ...................... 6-137(a)


Notice, publication of ...................... 6-137(d)

Recommendation of city manager ....................... 6-137(b)

Referral to city council .................... 6-137(c)

Display .......... 6-140

Duplicate licenses ......... 6-145

Issuance ........ 6-139

Location, license required for each .......... 6-146

Nontransferable ........... 6-144

Required; fee; excise tax ........... 6-136


Revocation, suspension, etc ........... 6-142

State law, compliance with ........... 6-149

Termination and renewal .......... 6-141

Violations ......... 6-148

AMPLIFIERS

Noise

Specific prohibitions ........... 38-90(3)

AMUSEMENTS AND ENTERTAINMENTS

Adult entertainment establishments ........ 18-336 et seq.

See: ADULT ENTERTAINMENT ESTABLISHMENTS

Alcoholic beverages



Entertainment, attire and conduct, types of, prohibited ........... 6-283



Entertainment, attire and conduct, types of, prohibited …… 6-428

ANIMALS

Animal control

Abandoned animals ......... 10-29

Adoption .......... 10-33

Fees .......... 10-33(b)

Rules for adoption .................. 10-33(a)

498

Age for person adopting; humane care .......... 10-33(a)(2)

Breeding or research, use of adopted animal for .......... 10-33(a)(4)

Frequency of adoption .......... 10-33 (a)(5)

Spaying and neutering required .......... 10-33(a)(3)

Voluntarily surrendered animals ......... 10-33(a)(1)

Biting dogs and cats ........... 10-37

Animals which cannot be confined ........... 10-37(b)

Confinement for observation .................... 10-37(a)

Collar and rabies vaccination tag ........... 10-40

Cruelty to animals .......... 10-31

Acts of cruelty .......... 10-31(b)

Animal fighting .................. 10-31(c)

Definitions ......... 10-31(a)

Enclosure, animal, duty of owner to keep, clean ........... 10-31(e)

Impoundment ........... 10-31(d)

Dead animals, removal of ........ 10-3 9

Definitions ......... 10-27

Disposition, humane .......... 10-35

Animals not claimed by owner ......... 10-35(a)

Dangerous animals ..................... 10-35(b)

Sick animals, treatment of .................... 10-35(c)

Disposition of impounded animals ............ 10-34

Notification, owner; redemption .......... 10-34(a)

Sick animals .......... 10-34(b)

Dogs and cats

Biting dogs and cats ........... 10-37

Restraint

Dog, duty to keep, under restraint while off property .................... 10-28(e)

Dogs, duty to keep, under restraint while on owner's property .......... 10-27(c)

Transient dogs and cats .......... 10-30

Vaccination

Dogs and cats, vaccination of ........... 10-41

Vicious animals; dogs and cats ......... 10-36

Impoundment

Cruelty to animals .................. 10-31(d)

Disposition of impounded animals ........... 10-34

Nuisance, public, animal ............ 10-32(b)

Interference with animal control officers ......... 10-46

Liability of county, city, animal control unit, officers and employees .......... 10-45

Nuisance, public, animal ........... 10-32

Defined .................. 10-32(a)

Impoundment ........... 10-32(b)

Rabies control

Vaccination. See within this subheading that subject

Restraint .......... 10-28

Dog, duty to keep, under restraint while off property ........... 10-28(e)

Dogs, duty to keep, under restraint while on owner's property .................. 10-27(c)

Failure to keep animal under restraint .......... 10-28(f)

Guard or watch dogs .................. 10-27(d)

Leash law ........... 10-28(a)

Responsible, duty of all animal owners to be .......... 10-27(b)

Summons ........... 10-44

499

Transient dogs and cats ........... 10-30

Vaccination

Certificate of vaccination ........... 10-43

Collar and rabies vaccination tag ........... 10-40

Dogs and cats, vaccination of .......... 10-4 1

Vaccines used and time of vaccination ........... 10-42

Vicious animals; dogs and cats .......... 10-3 6

Wildlife .......... 10-38

Bird sanctuary, city designated as ........... 10-1

Area embraced .......... 10-1(a)

Destroying birds deemed nuisance .......... 10-1(c)

Penalty for violation .......... 10-1(d)

Trapping, shooting, etc., birds or wild fowl; abatement of nuisance .......... 10-1(b)

Damage caused by animals .......... 10-2

Definitions ......... 10-2(a)

Fecal matter, leaving, on property of another .......... 10-2(c)

Fecal matter, removal of, by person in control ........... 10-2(d)

Penalty for violation of section ............ 10-2(f)

Proof deemed sufficient for conviction .......... 10-2(e)

Unlawful whether under restraint or not ......... 10-2(b)

Dogs and cats

Animal control. See herein that subject

Noise

Specific prohibitions .................... 38-90(4)

Nuisances

Animal control

Nuisance, public, animal ........... 10-32

Bird sanctuary, city designated as

Destroying birds deemed nuisance ............ 10-1(c)

Trapping, shooting, etc., birds or wild fowl; abatement of nuisance ..........10-1(b)

Declared ......... 50-1


Conduct; use regulations…… 58-28(d)

Prohibited acts……58-29(4)

Rabies control. See herein: Animal Control

Solid waste

Animal control

Dead animals, removal of .......... 10-39

Damage caused by animals

Fecal matter, leaving, on property of another .......... 10-2(c)

Fecal matter, removal of, by person in control .......... 10-2(d)


Permitted uses ......... 26-45

APPEALS

Adult entertainment establishments .......... 18-436 et seq.


Alcoholic beverages



Hearings; appeal of findings ........... 6-258(f)

Junk, storage of

500

Objection to city action, procedure upon ..........3 8-26(c)

Mayor and council

Meetings

Questions of order, appeals ......... 2-75

Municipal courts

Indigent defense program .......... 46-5 1

Provisions re .......... 46-12


Development permits, local .......... 26-83

APPROPRIATIONS. See: FINANCE

AS SOON AS POSSIBLE

Definitions and rules of construction ............ 1-2

ASSAULT AND BATTERY


Disorderly conduct


ASSEMBLIES


Disorderly conduct


ATTORNEY

City attorney .......... 2-206 et seq.

See: CITY ATTORNEY

Municipal courts

Indigent defense program

Attorneys eligible for appointment ............ 46-52

Attorneys, panel of ........... 46-48

BARRIERS


Disorderly conduct


BATTERY. See: ASSAULT AND BATTERY

BEER. See: ALCOHOLIC BEVERAGES

BILLIARDS AND BILLIARD PARLORS

Game machines, vending machines and other recreational machines

License

Required; fees; additional fees for pool tables .......... 18-46

BOARDS, COMMISSIONS AND AUTHORITIES. See also: DEPARTMENTS AND OTHER AGENCIES

OF CITY

Conflict of interest policy for members of boards, commissions and authorities .......... 2-271

501

BOATS, DOCKS AND WATERWAYS

Flood damage prevention

Flood hazard reduction

Streams without established base flood elevations and/or floodway (A-zones),

building standards for ........ 34-83


Prohibited acts

Swimming, wading, etc ............ 58-29(12)

Water pollution .................. 58-29(2)


Permitted uses ........... 26-45

BOND ISSUANCE/ISSUES

Certain ordinances not affected by Code ........... 1-11(2)

BONDS, SURETY OR PERFORMANCE


License

Application

Bond to be filed with application……18-408

Alcoholic beverages

Consumption on premises, sale of malt beverages and

wine for License

Bonds, filing of, by applicants for license ........ 6-216


License

Bonds, filing of, by applicants for license ........ 6-390

Municipal courts

Bond, forfeiture of ..........46-9

Bond required, when ........... 46-8


Permit for group activities ......... 58-30(c)

Water and sewers

Sewage management systems, on-site

License, bond and certificate required .......... 74-82

BOOKSTORES

Adult entertainment establishments ........ 18-336 et seq.


BOUNDARIES


Boundaries, district ........... 26-44

BUDGET. See: FINANCE

BUILDINGS AND BUILDING REGULATIONS


Enclosed viewing rooms, prohibition of

Construction ........................ 18-351(2)

Alcoholic beverages

502


License; application; contents

Building, plans of……6-389(b)(1)

Flood damage prevention .......... 34-21 et seq.

See: FLOODS AND FLOODING


Operating provisions, general

Building and safety codes, compliance with .......... 18-283(k)

Mobile homes, mobile home parks, subdivisions and trailer parks .......... 56-1 et seq.

See: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS Noise

Specific prohibitions

Construction .......... 38-90(5)

Nuisances

Declared .......... 50-1

Swimming pools ......... 14-46 et seq. See:

SWIMMING POOLS Technical codes

Amendments ........... 14-22

Regulations ......... 14-21

Tourist courts

Construction, layout and furnishings ............ 38-162

Sewers

Design and construction ........ 38-157(a)

Ultra-low-flow plumbing fixtures .......... 14-241 et seq.

See: PLUMBING, PLUMBERS

Utilities……..74-1 et seq.

See: UTILITIES

Water and sewers……74-74 et seq.

See: WATER AND SEWERS

BURNING. See: FIRE PREVENTION AND PROTECTION

BUSINESSES

Adult entertainment establishments……18-336 et seq.


Alcoholic beverages……6-1 et. seq.


Animal control

Adoption

Rules for adoption

Breeding or research, use of adopted animal for ……10-33(a)(4)

Food sales ……18-171 et. seq.

See: FOOD AND FOOD SERVICES

Food vending vehicles…..18-221 et. seq.


Massage or spa establishments……18-281 et. seq.

See: MASSAGE OR SPA ESTABLISHMENTS

Nuisances

Declared……50-

Pawnbrokers and pawnshops……18-106 et. seq.

See: PAWNBROKERS AND PAWNSHOPS

Taxation……70-21 et. seq.

See: TAXATION

503

Yard sales………18-76 et seq.

See: YARD SALES

CAMPING


Conduct; use regulations ......... 58-28(b)

CANVASSERS. See: PEDDLERS, CANVASSERS AND SOLICITORS

CATS. See: ANIMALS

CERTIFICATES, CERTIFICATION

Animal control

Vaccination

Certificate of vaccination ........... 10-43

Plumbing

Ultra- low- flow plumbing fixtures

Certification, product .......... 14-244

Psychic reading, fortune telling and related practices

Occupation tax certificate required ................ 70-131

Water and sewers



CHARITABLE ORGANIZATIONS

Code of ethics

Exemptions .......... 2-236

Taxation

Occupation tax

Charitable purpose, exemption on grounds that business operated for ............ 70-32

CHARTER


Definitions and rules of construction ........... 1-2

CHECKS

Check signature policy; use of credit cards ......... 2-5

Credit cards .......... 2-5(d)

Guidelines .......... 2-5(c)

CHILD CARE FACILITIES


Location ......... 18-343

CHILDREN. See: MINORS

CHURCHES. See: RELIGIOUS INSTITUTIONS

CITIZENSHIP

Alcoholic beverages



504

Citizenship; residence requirements; registered agent ...................... 6-301


License

Citizenship; residence requirements; registered agent ...................... 6-402

CITY


CITY ATTORNEY

Compensation ............ 2-209

Oath ........... 2-207

Powers and duties ............ 2-208

Qualifications and appointment .......... 2-206

CITY CLERK

Adult entertainment establishments ........... 18-406 et seq.

See: ADULT ENTERTAINMENT

ESTABLISHMENTS Alcoholic beverages…...6-222 et seq.



Taxation

Occupation tax

City clerk; subpoena powers ........ 70-37

Term of office; removal ........... 2-146

CITY COUNCIL. See: MAYOR AND COUNCIL

CITY MANAGER

Alcoholic beverages



Recommendation of city manager ........... 6-42(b)



Recommendation of city manager ........... 6-137(b)

Compensation ............ 2-184

Game machines, vending machines and other recreational

machines License

Issuance, procedure for

City manager's recommendation .......... 18-49(a)

Mayor and council

Directions, giving, to employees subject to appointment and removal by city manager……2-34


Property, city owned, authority to sell or convey parcel of ............ 2-182

Removal from office .......... 2-183

CLERK. See: CITY CLERK

CLUBHOUSES

Nuisances

Declared ........... 50-1

505

CODE OF ETHICS

Conduct, standards of ...........2-234

Conflict of interest, prohibition of ........... 2-235

Definitions ........... 2-233

Exemptions .......... 2-236

Purpose of division .............2-231

Scope of persons covered ............ 2-232

Violations of division; penalty .......... 2-237

CODE OF ORDINANCES*

Amending Code ............ 1-5

Catchlines of sections, effect of history notes, references in Code ........... 1-3

Certain ordinances not affected by Code .......... 1-11

Continuations of existing ordinances, provisions considered as ........... 1-9


How Code designated and cited ............ 1-1

Penalty, general; continuing violations ........... 1-7

Prior offenses, penalties, contracts or rights not affected by adoption of Code ........... 1-10

Repeal or expiration of Code section, effect of ........... 1-4

Severability of Code ...........1-8

Supplementation of Code ............. 1-6

CODES

Buildings and building regulations

Technical codes ......... 14-21 et seq.

See: BUILDINGS AND BUILDING REGULATIONS



Building and safety codes, compliance with .......... 18-283(k)

COLLEGES AND UNIVERSITIES


Location ........... 18-343

COMPREHENSIVE PLAN

Certain ordinances not affected by Code .......... 1-11(7)

COMPUTATION OF TIME


CONFIDENTIALITY

Taxation

Occupation tax

Returns confidential ............ 70-45

CONFLICT OF INTERESTS

Boards, commissions and authorities

Conflict of interest policy for members of boards, commissions and authorities ............. 2-271

Code of ethics

Conflict of interest, prohibition of ...........2-235


506

CONSERVATION



CONTRACTORS


Employees

Contractors, independent .......... 18-344(e)

CONTRACTS AND AGREEMENTS


Prior offenses, penalties, contracts or rights not affected by adoption of Code .......... 1-10

Prohibited contracts .......... 2-6

Provisions re ......... 2-6(a)

Restrictions for current or former members and/or current or former employees of

governing authority ....... 2-6(b)

Use of property or services ......... 2-6(c)

Recreation board

Staffing, contracts and expenditures .......... 2-302

COUNCIL. See: MAYOR AND COUNCIL

COUNTY


COURTS. See: MUNICIPAL COURTS

CREDIT CARDS

Check signature policy; use of credit cards ........... 2-5

DAMAGE, DEFACEMENT, DESTRUCTION, INJURY, ETC.

Animals

Damage caused by animals ............ 10-2

Flood damage prevention ......... 34-21 et seq.



Disorderly conduct



Prohibited acts

Damage to park property .......... 58-29(1)

DANCES, DANCING



DEEDS AND TITLES


DEFACEMENT. See: DAMAGE, DEFACEMENT, DESTRUCTION, INJURY, ETC.

507

DEFECATION IN PUBLIC


Disorderly conduct


DELEGATION OF AUTHORITY


DEPARTMENTS AND OTHER AGENCIES OF CITY


Alcoholic beverages ......... 6-42 et seq.

Animal control

Liability of county, city, animal control unit, officers and employees ............ 10-45

Boards, commissions and authorities

Conflict of interest policy for members of boards, commissions and authorities ........... 2-271


Emergency management organization .......... 22-21 et seq.

See: EMERGENCY MANAGEMENT AND EMERGENCY SERVICES

Game machines, vending machines and other recreational machines License


City council action .......... 18-49(b)

Mayor and council ......... 2-31 et seq.

Planning commission .......... 62-31 et seq.

Recreation board .......... 2-296 et seq.

DESTRUCTION. See: DAMAGE, DEFACEMENT, DESTRUCTION, INJURY, ETC.

DEVELOPMENT. See: PLANNING AND DEVELOPMENT

DISASTERS. See: EMERGENCY MANAGEMENT AND EMERGENCY SERVICES

DISORDERLY PERSONS, DISORDERLY CONDUCT


Disorderly conduct ........... 54-1


Prohibited acts

Disturbing the peace .......... 58-29(6)

Interference with peace, enjoyment of park .......... 58-29(11)

DISTRICTS

Wetlands protection district ........... 26-41 et seq.

See: WETLANDS

DOCKS. See: BOATS, DOCKS AND WATERWAYS

DOGS. See: ANIMALS

DRUGS AND MEDICINES

Animal control

Vaccination ......... 10-40 et seq.

508

See: ANIMALS

EDUCATION


Permitted uses ……26-45

EDUCATIONAL ORGANIZATIONS

Code of ethics

Exemptions ……2-236

ELECTIONS

Mayor and council

Election; terms ……2-31

Meetings ……2-76

ELECTRICITY

Swimming pools

Minimum standards for swimming pools, public spa pools and bathhouses

Electrical ……14-109

Private residential pools

Construction and design criteria

Electrical requirements ……14-74(11) EMERGENCIES

Emergency management and emergency services. See that subject

Noise

Exemptions to sound limits ............ 38-89


Emergency signaling devices ............ 38-90(7)


Disorderly conduct

Prohibited acts ............ 54-1(c)

Utilities

Damage, prevention of, to underground utilities

Emergency excavation or demolition ........... 74-26


Development permits, local

Emergency permit, temporary ......... 26-77

EMERGENCY MANAGEMENT AND EMERGENCY SERVICES

Emergency management organization

County emergency management agency ........... 22-23

Annexes to local EOP ............ 22-23(b)

Departments and functions .................... 22-23(a)

County emergency management director, office of ............22-22

Appointment ............ 22-22(a)

Duties ........... 22-22(b)

Definitions ........... 22-21

Penalties for violation of article ........... 22-26

Powers of mayor and/or county during emergency or disaster .......... 22-24

Volunteers ............ 22-25

Compensation……..22-25(a)

509

Immunities…..22-25(b)

EMPLOYEES. See: OFFICERS AND EMPLOYEES

ENCLOSURES. See: FENCES, WALLS, HEDGES AND ENCLOSURES

ENTERTAINMENTS. See: AMUSEMENTS AND ENTERTAINMENTS

ENVIRONMENT

Wetlands ......... .26-22 et seq.

See: WETLANDS

ESCORT BUREAUS

Adult entertainment establishments .......... 18-336 et seq.


ETHICS

Code of ethics .......... 2-23 1 et seq.

See: CODE OF ETHICS

EXCAVATIONS

Utilities ......... 74-24 et seq.

See: UTILITIES

FALSE REPRESENTATION. See: MISREPRESENTATION

FENCES, WALLS, HEDGES AND ENCLOSURES


Enclosed viewing rooms, prohibition of ........... 18-351

Animal control

Cruelty to animals

Enclosure, animal, duty of owner to keep, clean .......... 10-31(e)

Nuisances

Declared .......... 50-1

Swimming pools


Fences, barriers and gates .......... 14-108


Construction and design criteria

Fences .................... 14-74(6)

FIGHTING

Animal control

Cruelty to animals

Animal fighting ............ 10-31(c)


Prohibited acts…….58-29(8)

FINANCE

Alcoholic beverages



510

Special provisions applicable to wholesale purchase

Financial interest in license for retail sale of alcoholic beverages,

wholesaler not to have .......... 6-331(b)

Certain ordinances not affected by Code .................... 1-11(5)

Municipal courts

Costs, court .......... 46-10


Fees and expenses ........... 46-49

Recreation board

Staffing, contracts and expenditures .......... 2-302

Solid waste

Landfill, city, surcharge for solid waste deposited in

Fund ......... 66-1(b)

FINANCIAL INSTITUTIONS

Taxation .. 70-106 et seq.

See: TAXATION

FINES, FORFEITURES AND OTHER PENALTIES

Municipal courts

Fines, collection of ......... 46-11

Penalty, general; continuing violations .......... 1-7


FINGERPRINTING

Alcoholic beverages



Employees of licensees to be fingerprinted; procedure .............. 6-445

Pawnbrokers and pawnshops

Records and information to be maintained; display of pawnshop transaction number;

identification; digital photographs; fingerprints; records storage; presentation upon

request .......... 18-109

FIRE PREVENTION AND PROTECTION

Open burning .......... 30-1

Enforcement ......... 30-1(b)

Prohibited; exceptions ............ 30-1(a)


Conduct; use regulations .................. 58-28(c)

FIREARMS AND WEAPONS


Firearms, air guns, etc., discharging .......... 54-2

FLOODS AND FLOODING


Abrogation and greater restrictions ........... 34-29

Administration

Administrator, designation of ........... 34-56

Administrator, duties and responsibilities of .......... 34-58

Permit procedures ........... 34-57

511

Application stage .................... 34-57(1)

Construction stage .................. 34-57(2)

Compliance with article provisions .......... 34-28

Definitions .......... 34-21

Development permit, establishment of ........... 34-27


General standards .......... 34-81

Shallow flooding, areas of (AO ZONES), standards for .......... 34-84

Specific standards .......... 34-82

Floodway ........... 34-82(4)

Manufactured homes and recreational vehicles, standards for .......... 34-82(3)

New construction and substantial improvements ......... 34-82(1)

Nonresidential construction .......... 34-82(2)

Streams without established base flood elevations and/or floodway (A-zones), building

standards for ........... 34-83

Subdivisions, standards for ........... 34-85

Variance procedures ........... 34-86

Hazards

Flood hazard reduction. See within this subheading that subject

Special flood hazard, area of, basis for .......... 34-26

Interpretation and application of article .......... 34-30

Lands to which this article applies ........... 34-25

Objectives of article .......... 34-24

Penalty for violation of article .......... 34-32

Purpose, statement of .......... 34-23

Special flood hazard, area of, basis for ........... 34-26

Warning and disclaimer of liability .......... 34-31

FOLLOWING

Definitions and rules of construction ......... 1-2

FOOD AND FOOD SERVICES

Food sales

Definitions .......... 18-171

License

Compliance required for issuance or renewal .......... 18-197

Posted license required ........... 18-196

Food vending vehicles

Definitions .......... 18-221

License

Application ......... 18-252

Exemptions ......... 18-255

Fees and term .......... 18-253

Investigation of facilities and vehicles prerequisite for issuance .......... 18-254


Required ......... 18-251

Revocation of license; appeal ........... 18-256


License. See within this subheading that subject

Reinspection of facilities and premises; unsatisfactory condition grounds for license

revocation .......... 18-222

Periods of operation ............ 18-225

512

Reinspection of facilities and premises; unsatisfactory condition grounds for

license

revocation . . . . . 18-222

Report of changes .......... 18-223

Standards .......... 18-224

Tourist courts

Food service ............ 38-164

FORESTRY



FORFEITURES. See: FINES, FORFEITURES AND OTHER PENALTIES

FORTUNE TELLING

Psychic reading, fortune telling and related practices .......... 70-131 et seq.

See: PSYCHIC READING, FORTUNE TELLING AND RELATED

PRACTICES

FRANCHISES


FRATERNAL ORGANIZATIONS Code of ethics

Exemptions ......... 2-236

FUMES

Nuisances

Declared ............ 50-1

GAMBLING

Alcoholic beverages



Gambling on premises prohibited……6-281



Gambling on premises prohibited….. 6-426

GAME MACHINES, VENDING MACHINES AND OTHER RECREATIONAL

MACHINES

Item of machinery or

equipment defined ................................................. 18-21 License

Application, filing of .......... 18-47

Factors for council consideration ......... 18-50

Character of adjacent neighborhoods ........... 18-50(2)

Citizen reactions ................... 18-50(6)

Illegal use of machinery or equipment in past ........... 18-50(9)

Information on application .................. 18-50(7)

Parking .................... 18-50(4)

Proximity of churches, etc .................... 18-50(3)

Proximity of similar establishments .................... 18-50(1)

Revocation of previous applications .................... 18-50(8)

513

Traffic, affect on ................... 18-50(5)

Issuance, procedure for ........... 18-49

City council action .................... 18-49(b)

City manager's recommendation .................... 18-49(a)

Listing of items of machinery or equipment on application; notification of

acquisition of new machinery 18-48

Required; fees; additional fees for pool tables ........... 18-46


Termination, renewal, revocation, etc ............ 18-52

Location, change of .................. 18-52(b)

Number of machines, limits on .................. 18-52(c)

Termination .......... 18-52(a)


GAMES


Conduct; use regulations ................... 58-28(a)

GARBAGE. See: SOLID WASTE

GAS

Utilities 74-52 et.seq. See: UTILITIES

GENDER


GEORGIA, STATE OF. See: STATE

GOLF COURSES

Alcoholic beverages


Golf course, public, sale of malt beverages at; authorization…….6-176


Golf course, public, sale at…..6-365

GWINNETT COUNTY. See: COUNTY

HAZARDOUS WASTE


Prohibited uses…….26-46

HAZARDS

Flood damage prevention ……34-26 et. Seq.


HEALTH AND SANITATION


Cleaning of licensed premises …… 18-347

Sealing for unsanitary or unsafe conditions…… 18-349

Junk, storage of ……38-21 et. Seq.


514

Noise control …… 38-86 et. Seq.

See: NOISE

Nuisances

Declared .......... 50-1

Swimming pools

Minimum standards for swimming pools, public spa pools and bathhouses Public

pools

Disinfectant feeders .......... 14-151

Disinfection and water quality 14-154

Tourist courts .......... 38-151 et seq.

See: TOURIST COURTS

Vector control ........... 38-191 et seq.

See: VECTOR CONTROL

HEARINGS


Appeals


Hearing officer report and final decision……18-442



Junk, storage of

Objection to city action, procedure upon . . . . 38-26(b)


License .......... 18-311


Pawnbrokers and employees, restrictions as to character; hearing …… 18-108

Taxation

Occupation tax

Hearing, public, before tax increase, requirement of ……70-50

HEATING AND AIR

Tourist courts

Heating …….. 38-163

HEDGES. See: FENCES, WALLS, HEDGES AND ENCLOSURES

HORNS

Noise

Specific prohibitions .......... 38-90(a)

HOTELS AND MOTELS

Tourist courts .......... 38-151 et seq.

See: TOURIST COURTS

HOURS





Hours of business ........... 18-283(g)


515

Office hours .......... 2-2


Hours of operation……58-26


Hours of operation .......... 18-111

HOUSING

Alcoholic beverages………6-30 1 et seq.

See: ALCOHOLIC BEVERAGES Swimming pools

Private residential pools ............ 14-71 et seq.

See: SWIMMING POOLS

ICEBOXES. See: REFRIGERATORS, ICEBOXES, ETC.

IDENTIFICATION

Alcoholic beverages



Persons under 21 years of age, furnishing to, purchase by, or

possession by; false and proper identification;

dispensing, serving, selling, or handling in

course of employment ........ 6-305


Records and information to be maintained; display of pawnshop

transaction number; identification; digital photographs;

fingerprints; records storage; presentation upon request

....................... 18-109

IMPOUNDMENT

Animal control……..10-31 et seq.

See: ANIMALS

IMPROVEMENTS. See: PUBLIC WORKS AND IMPROVEMENTS

INDECENCY AND OBSCENITY


Disorderly conduct

Prohibited acts ........ 54-1(c)


Prohibited acts

Dressing, undressing .......... 58-29(13)

INDIGENT PERSONS

Municipal courts

Indigent defense program…....46-46 et seq.

See: MUNICIPAL COURTS

INJURY. See: DAMAGE, DEFACEMENT,

DESTRUCTION, INJURY, ETC. INSECT CONTROL.

See: PEST CONTROL

516

INSPECTIONS, INSPECTORS


Self-inspection of licensed premises ........... 18-348

Alcoholic beverages ........ 6-290 et seq.



Re-inspection of facilities and premises; unsatisfactory condition grounds

for license

Revocation…….18-222



Inspection, premises subject to…….. 18-283(e)

Records of client information to be maintained and subject to

inspection……18-283(b) Swimming pools


Applicability of division

Inspection of swimming pools (public)…….14-103(2)

Private residential pools……. 14-77

Taxation

Occupation tax

Inspections of books and records ........... 70-46

Registration to be revoked for failure to pay tax, file returns, permit

inspection of books………70-47

Tourist courts……38-154

Water and sewers

Sewage management systems, on-site…….74-76

INSULTS

Offenses and miscellaneous provisions Disorderly conduct


INSURERS

Definitions ...........70-76

Gross premiums tax, all other insurers ........... 70-80

Gross premiums tax imposed on life insurers .......... 70-79

License fees

Additional business locations, insurers insuring certain risks at…..70-78

Due date……70-81

Provisions re…….70-77

INTERFERENCE

Animal control

Interference with animal control officers……10-46


Disorderly conduct


INTOXICATING BEVERAGES, INTOXICATION. See: ALCOHOLIC BEVERAGES

INTRODUCTION SERVICES

Adult entertainment establishments ............ 18-336 et seq.

517


INVENTORY

INVESTIGATIONS


License

Application

Investigation of application .......... 18-409

Investigation of application and applicant; grant or denial ......... 18-412

Alcoholic beverages


License

Investigation of applicant; report ........... 6-217


License

Investigation of applicant; report…..6-391


License

Investigation of facilities and vehicles prerequisite for

issuance……18-254


Permit, annual

Background investigation; fee……18-142

JOINT AUTHORITY


JUNK, STORAGE OF

Abandoned motor vehicles .......... 38-27

Abatement of nuisance

City, by ......... 38-24

Property owner, by, after notice ........... 38-23

Abatement, summary; liability ......... 38-30

Accumulation of junk prohibited ...........38-22

Definitions .......... 38-21

Disposition of junk after removal by city; notice…….38-25

Nuisances

Abatement of nuisance. See herein that subject

Determination of existence of nuisances……38-28

Objection to city action, procedure upon .......... 38-26

Appeal ........... 38-26(c)

Filing of written objection .........38-26(a)

Hearing ......... 38-26(b)

Penalties .......... 38-29

JUVENILES. See: MINORS

KEEPER AND PROPRIETOR


LANDSCAPING. See: VEGETATION

518

LAUNDRY ROOMS

Tourist courts 38-166

LAW ENFORCEMENT

County code, provisions of, which county police department may enforce

within city….. 42-1

Authority; terms and conditions ......... 42-1(b)

Incorporated by reference ......... 42-1(a)

Jurisdiction .......... 42-1(c)

LAWN MOWERS

Noise


LEGAL PROCESSES. See: WRITS, WARRANTS AND OTHER PROCESSES

LIABILITY

Animal control

Liability of county, city, animal control unit, officers and

employees …… 10-45


Warning and disclaimer of liability…….34-31

Junk, storage of

Abatement, summary; liability .......... 38-30

Taxation

Occupation tax

Registration

Due and payable, when, registration and tax; effect of

transacting business when tax delinquent; liability of

officers and agents ...................................................... 70-35

LIBRARIES

Adult entertainment establishments Location ……..18-343

LICENSES AND PERMITS

Alcoholic beverages ............ 6-41 et seq.



Administration

Permit procedures .......... 34-57

Development permit, establishment of .......... 34-27

Food sales

License .......... 18-196 et seq.


Food vending vehicles ........... 18-222 et seq.



License .......... 18-46 et seq.

See: GAME MACHINES, VENDING MACHINES AND OTHER

RECREATIONAL MACHINES

Insurers .......... 70-77 et seq.

See: INSURERS

519

Manufactured homes and manufactured home parks .......... 56-39 et seq.

See: MANUFACTURED HOMES AND MANUFACTURED HOME

PARKS


License …….18-306 et seq.



Pawnbroker and employee regulations

Permit card 18-107(a)

Penalties for violation of article; suspension or revocation of

license ……18-114

Swimming pools

Minimum standards for swimming pools, public spa pools and

bathhouses

Applicability of division

Permits (public)…….14-103(1)


Construction permit .......... 14-73

Tourist courts

Permit ........... 38-152

Utilities


Permit not to relieve responsibility for compliance ........... 74-29

Water and sewers .......... 74-74 et seq.



Development permits, local……..26-77 et seq.

See: WETLANDS

Yard sales

Permit

Required ........... 18-77

Term; fee ......... 18-78

LIENS

Taxation

Occupation tax

Lien taken for delinquent occupation tax .......... 70-48

LIGHTING, LIGHTS



Lighting, minimum ........... 18-283(i)

Swimming pools


bathhouses

Electrical ......... 14-109

LIQUOR. See: ALCOHOLIC BEVERAGES

LITTER CONTROL

Collection practices ........... 66-34

Definitions .......... 66-29

520

Enforcement ........... 66-33

Evidence of littering .......... 66-31

Littering prohibited; exceptions ............ 66-30

Penalties .......... 66-32

Purpose and intent ............ 66-26

Statutory authority ............ 66-27

Title ........... 66-28

LOTS

Manufactured homes and manufactured home parks Plans and specifications

Mobile home lots ........... 56-72

LOUD NOISE. See: NOISE

LOUDSPEAKERS

Noise

Specific prohibitions .......... 38-90(3)

MAINTENANCE

Water and sewers

Sewage management systems, on-site…….74-77

MANUFACTURED HOMES AND MANUFACTURED HOME PARKS

Applicability of chapter provisions ........... 56-5

Conflict with other provisions .......... 56-10

Definitions .......... 56-4

Enforcement .......... 56-8



Specific standards

Manufactured homes and recreational vehicles, standards for

. Interpretation, construction of terms or words ........ 56-3


Construction permits .......... 56-40

Individual permits .......... 56-41

Mobile home park and trailer park licenses ........... 56-39

Locations, permitted .......... 56-6

Nonconforming uses, discontinuance of ........... 56-7

Plans and specifications

Area and space requirements ......... 56-71

Automobile parking ........... 56-75

Facilities, additional, minimum

Mobile home parks and subdivisions ......... 56-76

Trailer parks ........... 56-77

Mobile home lots ........... 56-72

Roads and streets ........... 56-74

Trailer and camper spaces ........ 56-73

Purpose and intent ........ 56-1

Title .......... 56-2

Violation; penalties ............ 56-9

Water and sewers


521

Subdivision and mobile home parks

Development requirements ............ 74-94

Water and sewage .......... 74-95

MAPS. See: SURVEYS, MAPS AND PLATS

MASSAGE OR SPA ESTABLISHMENTS

Definitions .......... 18-281

License

Fee, regulatory; expiration and renewal .......... 18-307

Hearings .......... 18-311

Issuance of license .......... 18-309

Required; application ........... 18-306

Revocation and suspension of license, grounds for ........... 18-310

Work permits required .......... 18-308

Operating provisions, general .......... 18-283

Alcoholic beverages ......... 18-283(n)

Beds or mattresses .......... 18-283(j)

Building and safety codes, compliance with ..................... 18-283(k)

Clothing .......... 18-283(f)

Employee information, filing of .......... 18-283(a)

Hours of business ............ 18-283(g)

Inspection, premises subject to ......... 18-283(e)

Lighting, minimum ......... 18-283(i)

Minors .................... 18-283(l)

Owner, manager to be on

premises ......................................................... 18-283(c) Records and reports

Employee information, filing of ......... 18-283(a)

Records of client information to be maintained and subject to

inspection…….18-283(b)

Records, period of time, to be maintained .......... 18-283(d)

Signage ........... 18-283(h)

Unlawful actions of massage practitioner……..18-283(m)

Records and reports

Operating provisions, general.

See herein that subject Scope of

regulations ............. 18-282

MAY

Definitions and rules of construction .......... 1-2

MAYOR AND COUNCIL

Administrative resolutions .......... 2-33



Alcoholic beverages ........ 6-42 et seq.


Definitions and rules of construction…….1-2

Directions, giving, to employees subject to appointment and removal by

city manager……..2-34

Election; terms .......... 2-31

Emergency management organization

522

Powers of mayor and/or county during emergency or disaster ..........22-24


License


City council action ......... 18-49(b)

Meetings

Agenda .......... 2-71

Duty to attend .......... 2-68

Elections ......... 2-76

Matters for consideration, presentation of .......... 2-73

Number of persons to speak as proponents and opponents;

exception ……..2-73(c)

Rules for getting specific matter considered at meeting…….2-73(b)

Minutes .......... 2-72

Notice of special meetings .......... 2-67

Ordinances, presentation and enactment of .......... 2-74

Presiding officer ......... 2-70

Questions of order, appeals ........ 2-75

Robert's Rules of Order ......... 2-69

Times; open to public .......... 2-66

Qualification for office ......... 2-32

MEASURES. See: WEIGHTS

AND MEASURES MEDICINES.

See: DRUGS AND MEDICINES

MINORS (Juveniles, children, etc.)


Location ......... 18-343

Minors, admission of and sales to, unlawful ........ 18-342

Alcoholic beverages ...........6-304 et seq.


Animal control

Adoption

Rules for adoption

Age for person adopting; humane care .......... 10-33(a)(2)


License

Factors for council consideration

Proximity of churches, etc……18-50(3)


Operating provisions, general……..18-283(l)


Disorderly conduct



Minors, dealing with .......... 18-113

MISREPRESENTATION

Alcoholic beverages …… 2-226 et seq.

523



False entries or statements .......... 18-110

MOBILE HOMES AND MOBILE HOME PARKS. See: MANUFACTURED

HOMES AND MANUFACTURED HOME PARKS

MONTH


MOTELS. See: HOTELS AND MOTELS

MOTOR VEHICLES. See: TRAFFIC AND VEHICLES

MUNICIPAL COURTS


Appeals

Superior court, appeal of council decision to 18-443

Appeals ……..46-12

Bailiff…….46-3

Bond, forfeiture of ……..46-9

Bond required, when……..46-8

Costs, court……46-10

Fines, collection of…….46-11


Appeal ......... 46-51

Attorneys eligible for appointment .......... 46-52

Attorneys, panel of .......... 46-48

Chief judge to develop procedures, etc., to effectuate this article……46-53

Definitions .......... 46-47

Fees and expenses ............ 46-49

Internal operating procedures of county judicial circuit's indigent defense

program adopted by reference ………….46-46

Right to appointed counsel, determination of ……..46-50

Prosecutor; witnesses…….46-2

Record of cases…….46-4

Session dates and times ….… 46-1


Judicial review …… 26-49

Writs, warrants and other processes

Failure to obey summons or subpoena…….46-7

Subpoenas, issuance, service of……46-6

Summons, service of ………46-5

MUSICAL INSTRUMENTS

Noise

Specific prohibitions ......... 8-90(2)

MUST


524

NATURE TRAILS


Permitted uses …… 26-45

NOISE

Definitions …… 38-86

Excessive noise prohibited …… 38-87

Exemptions to sound limits …… 38-89

Maximum permissible sound levels …… 38-88

Nuisances

Declared …… 50-1


Disorderly conduct



Responsibility for enforcement of article .......... 38-92

Specific prohibitions .......... 38-90

Animals .......... 38-90(4)

Construction ........... 38-90(5)

Emergency signaling devices ........... 38-90(7)

Horns, signaling devices .................... 38-90(1)

Loudspeakers and sound amplifiers .......... 38-90(3)

Powered model vehicles .................... 38-90(6)

Radios, televisions, musical instruments and similar

devices……..38-90(2)

Traffic and vehicles

Exemptions to sound limits …… 38-89


Horns, signaling devices .......... 38-90(1)

Powered model vehicles .......... 38-90(6)

NOTICES, NOTIFICATION

Adult entertainment establishments ......... 18-412 et seq.




Animal control

Disposition of impounded animals

Notification, owner; redemption .......... 10-34(a)


License

Listing of items of machinery or equipment on application;

notification of acquisition of new machinery ……18-48

Junk, storage of


Property owner, by, after notice .......... 38-23

Disposition of junk after removal by city; notice .......... 38-25

Mayor and council

Meetings

Notice of special meetings ........... 2-67

Utilities


525

Notice of intent to excavate or demolish

Required; time; information; records ........ 74-24

Response to notice ......... 74-25

NUDITY

Alcoholic beverages








Disorderly conduct

Prohibited acts …… 54-1(c)


Prohibited acts

Dressing, undressing .......... 58-29(13)

NUISANCES

Abatement by city………50-3

Adult entertainment

establishments

Abatement as sanitary nuisance ........... 18-350

Unlawful operation declared nuisance .......... 18-346

Animals ......... 10-1 et seq.

See: ANIMALS

Declared .......... 50-1

Junk, storage of …… 38-23 et seq.


Nuisance per se, exception; summary abatement .......... 50-4

Offense; penalty ......... 50-5

Vector control

General provisions

Nuisance, maintaining .......... 38-192(a)

NUMBER


OATH, AFFIRMATION, SWEAR OR

SWORN City attorney

Oath ......... 2-207

Definitions and rules of construction ................ 1-2


Oath of office described ......... 2-111

OBSCENITY. See: INDECENCY AND OBSCENITY

OBSTRUCTIONS

Nuisances

Declared ......... 50-1

526

O.C.G.A.


OFFENSES AND MISCELLANEOUS PROVISIONS

County offenses regulations, adoption by reference of .......... 54-4

Disorderly conduct ........ 54-1

Definitions ......... 54-1(b)

Prohibited acts ........... 54-1(c)

Purpose of section ......... 54-1(a)

State code sections, authority for incorporating ......... 54-1(d)

Firearms, air guns, etc., discharging .......... 54-2

Nuisances

Offense; penalty ......... 50-5


Throwing of missiles .......... 54-3

OFFICERS AND EMPLOYEES





Animal control

Interference with animal control officers ……10-46

Liability of county, city, animal control unit, officers and

employees ……10-45

Certain ordinances not affected by Code ……1-11(6)

City attorney ……2-206 et seq.

See: CITY ATTORNEY

City clerk ......... 2-146 et seq.

See: CITY CLERK

City manager……..2-181 et seq.

See: CITY MANAGER

Code of ethics……2-231 et seq.

See: CODE OF ETHICS

Contracts, prohibited

Restrictions for current or former members and/or current or former

employees of governing authority ………..2-6(b)


Emergency management organization ...........22-21 et seq.

See: EMERGENCY MANAGEMENT AND EMERGENCY SERVICES


Administration

Administrator, designation of ............ 34-56

Administrator, duties and responsibilities of ........... 34-58


License


City manager's recommendation ........ 18-49(a)

Mayor and council …… 2-31 et seq.

See: MAYOR AND COUNCIL

Municipal courts

Bailiff ...........46-3

527


Chief judge to develop procedures, etc., to effectuate this article .......... 46-53

Oath of office described .......... 2-111

Obstructing, abusing, failing to obey officials .......... 2-1

Offenses and

miscellaneous

provisions

Disorderly

conduct


Office hours ......... 2-2

Planning commission .......... 62-31 et seq.

See: PLANNING COMMISSION

Recreation board…… 2-296 et seq.

See: RECREATION BOARD

Taxation

Occupation tax

City clerk; subpoena powers ……70-37

Registration

Due and payable, when, registration and tax; effect of transacting

business when tax delinquent; liability of officers and

agents……………70-35

Training of employees, in-service …… 2-7

OFFICES

Office hours .......... 2-2

OPEN SPACES. See: YARDS AND OPEN SPACES

ORDINANCES, RESOLUTIONS, ETC.

Code of ordinances .......... 1-1 et seq.

See: CODE OF ORDINANCES

Mayor and council

Administrative resolutions .......... 2-33

Meetings

Ordinances, presentation and enactment of……..2-74


County offenses regulations, adoption by reference of ……..54-4

Disorderly conduct

State code sections, authority for incorporating…….54-1(d)

Planning commission

State regulations, adoption of ……..62-31

OWNER


PARADES AND PROCESSIONS


Disorderly conduct

Prohibited acts ……..54-1(c)

528

PARKING.

See: TRAFFIC AND VEHICLES

PARKS AND RECREATION


Location……. 18-343

Code of ethics

Exemptions .......... 2-236



Specific standards

Manufactured homes and recreational vehicles, standards

for…….34-82(3)

Game machines, vending machines and other recreational machines ............ 18-21 et seq.


RECREATIONAL MACHIN ES


Disorderly conduct

Prohibited acts ......... 54-1(c)


Conduct; use regulations .......... 58-28

Alcoholic beverages ………….. 58-28(g)

Animals ............................ 58-28(d)

Automobiles .................... 58-28(e)

Camping ...........58-28(b)

Fires ......... 58-28(c)

Games ......... 58-28(a)

Picnic area .......... 58-28(i)

Sales ............ 58-28(f)

Signs ........... 58-28(h)

Hours of operation ........... 58-26

Permit for group activities .......... 58-30

Bond ............ 58-30(c)

Issuance ...........58-30(b)

Required; application .......... 58-30(a)

Prohibited acts ......... 58-29

Alcoholic beverages ........... 58-29(9)

Animals ............58-29(4)

Damage to park property .................... 58-29(1)

Disturbing the peace ........... 58-29(6)

Dressing, undressing ......... 58-29(13)

Fighting ............58-29(8)

Interference with peace, enjoyment of park . . . . . 58-29(11)

Safety, public .................. 58-29(7)

Swimming, wading, etc ....................... 58-29(12)

Trash, rubbish .......... 58-29(5)

Trees, plants .................... 58-29(3)

Violation of parks rules ...................... 58-29(10)

Water pollution .......... 58-29(2)

Restoration of site by user .......... 58-27

529

Recreation board ........... 2-296 et seq.

See: RECREATION BOARD

Recreation programs, municipal, development of ........... 58-1



PAWNBROKERS AND PAWNSHOPS

Definitions ……18-106

Enforcement responsibility .......... 18-115

False entries or statements ........... 18-110

Hours of operation .......... 18-111


Pawnbroker and employee regulations

Permit card ........... 18-107(a)

Penalties for violation of article; suspension or revocation of license ............ 18-114

Permit, annual. See herein that subject

Minors, dealing with ......... 18-113

Pawnbroker and employee regulations .......... 18-107

Permit card ......... 18-107(a)

Qualifications for employees and managers .......... 18-107(b)

Pawnbrokers and employees, restrictions as to character; hearing .......... 18-108

Penalties for violation of article; suspension or revocation of license…….18-114

Permit, annual

Application ......... 18-144

Contents .......... 18-144(a)

Updated application, annual ...................... 18-144(b)

Background investigation; fee .......... 18-142

Prerequisite to issuance of business license .......... 18-145

Renewal .......... 18-143

Report, daily, to police .......... 18-146

Contents ..................... 18-146(b)

Insufficient reports ......... 18-146(c)

Required ..................... 18-146(a)

Required .......... 18-141

Property not to be disposed of for 30 days after acquisition; location of

property; police holds………18-112

Records and information to be maintained; display of pawnshop transaction

number; identification; digital photographs; fingerprints; records storage;

presentation upon request …….18-109

Digital photographs ......... 18-109(5)

Documentation of identity and time of transaction …….18-109(4)

Fingerprints ............ 18-109(6)

Identification .......... 18-109(3)

Information to be maintained; transaction number ....................... 18-109(1)

Record storage; presentation upon request ............ 18-109(7)

Tag .......... 18-109(2)

PEDDLERS, CANVASSERS AND SOLICITORS

Alcoholic beverages



530







PENALTIES. See: FINES, FORFEITURES AND

OTHER PENALTIES PERFORMANCE BONDS.

See: BONDS, SURETY OR PERFORMANCE

PERMITS. See: LICENSES AND PERMITS

PERSON


PERSONAL PROPERTY


PEST CONTROL

Tourist courts

Insect and rodent control ........... 38-161

Vector control ..........38-191 et seq.

See: VECTOR CONTROL

PICNIC AREAS


Conduct; use regulations…….58-28(i)

PLANNING AND DEVELOPMENT

Certain ordinances not affected by Code .......... 1-11(7), 1-11(8)

Flood damage prevention ......... 34-21 et seq.


Manufactured homes and manufactured home parks

Plans and specifications ........... 56-71 et seq.

See: MANUFACTURED HOMES AND MANUFACTURED

HOME PARKS Parks and recreation

Recreation programs, municipal, development of …….58-1

Planning commission………62-31 et seq.

See: PLANNING COMMISSION

Swimming pools


Plans and specifications……. 14-104

Tourist courts

Plan review ......... 38-153

Water and sewers


Plans, specifications, and soil data, submission of .......... 74-80


Development requirements ........................ 74-94

531


Development permits, local .......... 26-77 et seq.

See: WETLANDS

PLANNING COMMISSION

Compensation .......... 62-35

Composition, appointment and tenure ........... 62-32

Officers and rules of procedure ......... 62-36

Powers and duties ........... 62-37

Removal from office ........... 62-34

State regulations, adoption of .......... 62-31

Vacancies .......... 62-33

PLATS. See: SURVEYS, MAPS AND PLATS

PLUMBING, PLUMBERS

Tourist courts ........... 38-159

Ultra- low- flow plumbing fixtures

Certification, product ........... 14-244

Compliance and enforcement ............ 14-247

Definitions .......... 14-242

Exceptions .......... 14-245


Purpose ........ 14-241

Standards ......... 14-243

POLICE DEPARTMENT

County code, provisions of, which county police department may enforce

within city……..42-1



property; police holds . . . . . 18-112

POLITICAL ACT IVITIES

Code of ethics

Exemptions .......... 2-236

POLLUTION

Nuisances

Declared .......... 50-1


Prohibited acts

Water pollution .......... 58-29(2)

POOLS. See: SWIMMING POOLS

POWER TOOLS

Noise


PRECEDING


532

PROCESSES. See: WRITS, WARRANTS AND OTHER PROCESSES

PROCESSIONS. See: PARADES AND PROCESSIONS

PROFANITY. See: INDECENCY AND OBSCENITY

PROFESSIONAL SOCIETIES

Code of ethics

Exemptions .......... 2-236

PROPERTY

Certain ordinances not affected by Code ......... 1-11

City manager

Property, city owned, authority to sell or convey parcel of .......... 2-182



property; police holds . . . . . 18-112

Junk, storage of


Property owner, by, after notice .......... 38-23


Prohibited acts

Damage to park property ......... 58-29(1)

PSYCHIC READING, FORTUNE TELLING AND RELATED PRACTICES

Enforcement……..70-133

Occupation tax certificate required ........... 70-131

Owners and employees, restrictions on ........... 70-134

Penalties ……70-135

Records, maintenance of ……70-132

PUBLIC PLACES. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

PUBLIC SERVICE ORGANIZATIONS

Code of ethics

Exemptions ……2-236

PUBLIC WORKS AND IMPROVEMENTS



Specific standards

New construction and substantial improvements…….34-82(1)

PUBLICATION

Alcoholic beverages



Notice, publication of ……..6-42(d)



Notice, publication of ……..6-137(d)

533

RABIES CONTROL

Provisions re………10-40 et seq.

See: ANIMALS

RADIO

Noise

Specific prohibitions …… 38-90(2)


Disorderly conduct

Prohibited acts …… 54-1(c)

REAL PROPERTY


RECORDS AND REPORTS





City clerk ..........2-146 et seq.

See: CITY CLERK


Report of changes ......... 18-223


License

Application, filing of …… 18-47

Junk, storage of

Objection to city action, procedure upon

Filing of written objection ........... 38-26(a)

Massage or spa establishments .......... 18-283 et seq.


Mayor and council

Meetings

Minutes…….. 2-72

Municipal courts

Record of cases…….. 46-4

Pawnbrokers and pawnshops Permit, annual

Report, daily, to police…….18-146

Records and information to be maintained; display of pawnshop

transaction number; identification; digital photographs; fingerprints;

records storage; presentation upon request……..18-109

Psychic reading, fortune telling and related practices

Records, maintenance of ........... 70-132

Public records

Availability .......... 2-3

Examination; copies .......... 2-4

Rules for copying; request forms .......... 2-4(a)

Time limit .......... 2-4(b)

Waiver of copying fees ........... 2-4(c)

Taxation ........ 70-40 et seq.

See: TAXATION

Utilities

534


Filing requirements of utility operators .......... 74-23


Required; time; information; records .......... 74-24



Filing review fee ........... 26-80

RECREATION. See: PARKS AND RECREATION

RECREATION BOARD

Compensation ........... 2-298

Composition, appointment and tenure ............ 2-296

Officers; rules of procedure ........... 2-299

Powers and duties .......... 2-30 1

Staffing, contracts and expenditures ......... 2-302

State law, incorporation of ......... 2-300

Vacancies .......... 2-297

REFRIGERATORS,

ICEBOXES, ETC.

Nuisances

Declared ........... 50-1

REFUSE. See: SOLID WASTE

REGISTRATION

Alcoholic beverages





License


Taxation .......... 70-26 et seq.

See: TAXATION

RELIGIOUS INSTITUTIONS


Location .......... 18-343

Alcoholic beverages

Consumption on premises, sale of malt beverages and wine


Distance from schools, churches, residences……..6-302



Distance from schools, churches, residences ……. 6-448


License


Proximity of churches, etc ............ 18-50(3)

535

Noise


RELIGIOUS

ORGANIZATIONS

Code of ethics

Exemptions ......... 2-236

REPORTS. See: RECORDS AND REPORTS

RESEARCH

Animal control

Adoption

Rules for adoption

Breeding or research, use of adopted animal for ..........10-33(a)(4)



RESOLUTIONS. See: ORDINANCES, RESOLUTIONS, ETC.

ROADS. See: STREETS, SIDEWALKS AND OTHER PUBLIC

PLACES RODENT CONTROL. See: PEST CONTROL

SAFETY


Sealing for unsanitary or unsafe conditions……..18-349



Building and safety codes, compliance with…….18-283(k)


Disorderly conduct

Prohibited acts……… 54-1(c)


Prohibited acts

Safety, public …… 58-29(7)

Swimming pools ........... 14-75 et seq.

See: SWIMMING POOLS

SALES. See also: BUSINESSES

City manager

Property, city owned, authority to sell or convey parcel of …….2-182


Conduct; use regulations …… 58-28(f)

SANITATION. See: HEALTH AND SANITATION

SCHOOLS


Location ............ 18-343

Alcoholic beverages


536


Distance from schools, churches, residences……..6-302



Distance from schools, churches, residences …… 6-448


License


Proximity of churches, etc …..18-50(3)

SETBACKS. See: YARDS AND OPEN

SPACES SEWERS. See: WATER AND

SEWERS

SEXUAL CONDUCT


Certain activities prohibited ........... 18-340

Alcoholic beverages



Entertainment, attire and conduct, types of, prohibited ………..6-283



Entertainment, attire and conduct, types of, prohibited ……….6-428



Unlawful actions of massage practitioner ........................ 18-283(m)


Disorderly conduct

Prohibited acts……..54-1(c)

SEXUALLY ORIENTED BUSINESSES. See: ADULT ENTERTAINMENT

ESTABLISHMENTS

SHALL


SHRUBBERY. See: VEGETATION

SIDEWALKS. See: STREETS, SIDEWALKS AND OTHER PUBLIC PLACES

SIGNS

Alcoholic beverages







537

Food sales

License

Posted license required ............ 18-196


Operating provisions, general ......... 18-283(h)


Conduct; use regulations .......... 58-28(h)

SMOKE

Nuisances

Declared ........... 50-1

SOLICITORS. See: PEDDLERS, CANVASSERS AND SOLICITORS

SOLID WASTE

Animals .......... 10-2 et seq.

See: ANIMALS

Landfill, city, surcharge for solid waste deposited in ........... 66-1

Authority .......... 66-1(a)

Fund ........... 66-1(b)

Litter control .......... 66-26 et seq.

See: LITTER CONTROL


Prohibited acts

Trash, rubbish ........... 58-29(5)

Solid Waste Collection and Disposal 66-150

Tourist courts

Refuse disposal…….38-160

SOUND. See: NOISE

SPA ESTABLISHMENTS. See: MASSAGE OR SPA ESTABLISHMENTS

SPECIAL ASSESSMENTS


STAGNANT WATER

Nuisances

Declared ........... 50-1

STATE


STORAGE

Alcoholic beverages



Retail storage, regulations governing……..6-336



Retail storage, regulations governing………6-433

Junk, storage of ……. 38-21 et seq.

538



Records and information to be maintained; display of pawnshop transaction

number; identification; digital photographs; fingerprints; records

storage; presentation upon request……18-109

STREETS, SIDEWALKS AND OTHER PUBLIC PLACES


Location ........... 18-343

Alcoholic beverages ............ 6-21 et seq.



Definitions and rules of construction……..1-2



Roads and streets ……..56-74

SUBDIVISIONS

Certain ordinances not affected by Code 1-11(12)



Subdivisions, standards for .......... 34-85

Mobile homes, mobile home parks, subdivisions and trailer

parks…….. 56-1 et seq.

See: MANUFACTURED HOMES AND MANUFACTURED HOME PARKS

Water and sewers



Development requirements……..74-94

Water and sewage…….74-95

SUBPOENAS. See: WRITS, WARRANTS AND OTHER

PROCESSES SUGAR HILL, CITY OF. See: CITY

SUMMONSES. See: WRITS, WARRANTS AND OTHER PROCESSES

SURETY BONDS. See: BONDS, SURETY OR PERFORMANCE

SURVEYS, MAPS AND PLATS

Alcoholic beverages


License; application; contents

Survey .......... 6-389(b)(2)

Certain ordinances not affected by Code .............1-11(12), 1-11(14)

SWEAR OR SWORN. See: OATH, AFFIRMATION, SWEAR OR SWORN

SWIMMING


Prohibited acts

Swimming, wading, etc ............ 58-29(12)

539

SWIMMING POOLS


Administration and enforcement; variance ............ 14-114

Applicability of division ......... 14-103

Inspection of swimming pools (public) ………14-103(2)

Permits (public)………14-103(1)

Bathhouses

Compliance with technical codes …….14-211(a)

Facilities……. 14-212

Dressing room floors 14-212(a)

Dressing rooms, toilet rooms, shower rooms……14-212(b)

Shower, toilet and lavatory facilities…….14-212(c)

Optional contents…….14-211(d)

Other considerations by governing body…….14-211(c)

Provisions re…….14-211(b)

Requirements when used by both sexes……. 14-211(e)

Conflict with other codes, laws or regulations…….14-115

Definitions……14-102

Electrical…….14-109

Enforcement……..14-116

Fences, barriers and gates…….14-108

Load, user, computation……. 14-113

Piping……..14-112

Plans and specifications……..14-104

Public pools

Deck areas ……14-147

Disinfectant feeders …… 14-151

Disinfection and water quality ……. 14-154

Diving areas and equipment …… 14-148

Filtration equipment …… 14-152

Hair and lint strainer …… 14-149

Hose and connections …… 14-144

Inlets and outlets …… 14-142

Make-up water facilities …… 14-153

Overflow facilities …… 14-143

Gutters, standards for …… 14-143(1)

Skimmers, standards for …… 14-143(2)

Safety precautions …… 14-155

Shape, slope and depth …… 14-141

Spray pools …… 14-146

Suction cleaner …… 14-150

Wading pools …… 14-145

Pumping equipment…….14-111

Recirculation and filtration system……14-110

Spas

Bathhouse facilities ............ 14-185

Definitions ........... 14-181

Recirculation and filtration system .......... 14-184

Safety precautions .......... 14-186

Shape, slope, and depth ......... 14-182

Steps, ladders, and handrails……14-183

Steps, ladders and handrails…….14-107

540

Structure design and materials…….14-106

Title and purpose…….14-101

Water supply……14-105

Weights and measures

Load, user, computation ...........14-113

Public pools

Shape, slope and depth ......... 14-141

Spas

Shape, slope, and dept…….14-182

Structure design and materials…….14-106

Nuisances

Declared …….50-1


Compliance with division required……14-72

Construction and design criteria…….14-74

Electrical requirements .......... 14-74(11)

Fences ........... 14-74(6)

Inlets and outlets ......... 14-74(9)

Materials ......... 14-74(2)

Recirculation and filtration system and appurtenances ............ 14-74(10)

Recirculation required ........... 14-74(1)

Skimmers .................... 14-74(8)

Slope and depth .......... 14-74(3)

Steps, ladders and handrails ............ 14-74(7)

Structural stress ........... 14-74(4)

Walk areas…….14-74(5)

Construction permit……14-73

Application .......... 14-73(b)

Fee ......... 14-73(c)

Required .................. 14-73(a)


Inspections ......... 14-77

Safety precautions ............ 14-75

Setback requirements …… 14-76

Safety


Public pools

Safety precautions ……14-155

Spas

Safety precautions……14-186


Safety precautions……14-75

Tourist courts…….38-165

Water and sewers


Repair or alteration

Swimming pool installation, alteration for .............. 74-83(b)



bathhouses. See herein that subject


541

Construction and design criteria .......... 14-74

TAXATION

Alcoholic beverages ........... 6-218 et seq.


Businesses

Financial institutions

Occupation tax ........... 70-106

Occupation tax. See herein that subject

Certain ordinances not affected by Code ............ 1-11(13)


Due date ........ 70-108

Occupation tax ........... 70-106

Returns, filing of ........... 70-107

Insurers ......... 70-76 et seq.

See: INSURERS

Occupation tax

Administrative and regulatory fee structure; occupation tax structure ........... 70-2 3

Businesses not covered by this article .......... 70-3 8

Calendar year, occupation taxes levied on business to be transacted

during; filing of returns showing gross receipts during

preceding calendar year ............................................................. 70-40

Charitable purpose, exemption on grounds that business operated for .......... 70-3 2

City clerk; subpoena powers ........... 70-37

Conflicts between specific and general provisions ........... 70-5 1

Definitions .......... 70-22

Due and payable, when; payment options ......... 70-42

Enforcement of article ........... 70-49

Hearing, public, before tax increase, requirement of ............ 70-50

Inapplicable where prohibited by law or provided for pursuant to other

existing law………70-3 9

Inspections of books and records ............ 70-46

Levied; restrictions .......... 70-24

Lien taken for delinquent occupation tax .......... 70-4 8

Line of business, each, to be identified on business registration ......... 70-26

Location, business with no, in state, paying occupation tax of .......... 70-25

Locations, multiple intra or interstate, allocation of gross receipts of

business with…….70-31

More than one place or line of business .......... 70-44

Newly established businesses, payment of occupation tax by .......... 70-43

Number of businesses considered operating in city ........... 70-27

Penalty for article violation ........... 70-36

Practitioners exclusively practicing for government ......... 70-29

Professionals, as classified in O.C.G.A. § 48-13-9(c)1--18 .......... 70-28

Purpose and scope of tax ......... 70-30

Qualification, evidence of, required if applicable ...........70-34

Records and reports

Calendar year, occupation taxes levied on business to be transacted

during; filing of returns showing gross receipts during preceding

calendar year…….70-40

Inspections of books and records .......... 70-46

542

Registration to be revoked for failure to pay tax, file returns, permit

inspection of books………70-47

Return showing actual gross receipts during calendar year, filing of;

procedure where taxes overpaid or underpaid…….70-41

Returns confidential……70-45

Registration

Due and payable, when, registration and tax; effect of transacting

business when tax delinquent; liability of officers and

agents…….70-35

Failure to pay tax, file returns, permit inspection of books,

registration to be revoked for……..70-47

Line of business, each, to be identified on business registration

…………70-26

State registration required if applicable, evidence of; state

registration to be displayed…….70-33

Required for business dealings in city 70-21

Return showing actual gross receipts during calendar year, filing of;

procedure where taxes overpaid or underpaid…….70-41

Returns confidential ........... 70-45

Psychic reading, fortune telling and related practices ........... 70-131 et seq.

See: PSYCHIC READING, FORTUNE TELLING AND RELATED

PRACTICES

Records and reports


Returns, filing of ............70-107


Registration


TELECOMMUNICATIONS


Disorderly conduct


TELEVISION

Noise

Specific prohibitions ............ 38-90(2)

TENANT OR OCCUPANT


TENSE




THROWING OBJECTS

Offenses and miscellaneous provisions ........... 54-3

TITLES. See: DEEDS AND TITLES

543

TOILETS

Swimming pools

Minimum standards for swimming pools, public spa pools

and bathhouses

Bathhouses; facilities

Dressing rooms, toilet rooms, shower rooms…….14-212(b)

Shower, toilet and lavatory facilities…….14-212(c)

TOURIST COURTS

Construction, layout and furnishings .......... 38-162

Definitions ........... 38-151

Enforcement ........... 38-168

Food service ............. 3 8-164

Grounds ........... 38-167

Heating ............ 38-163

Insect and rodent control ............ 38-161

Inspections ........... 38-154

Laundry rooms ........... 38-166

Permit ........... 38-152

Plan review ............ 38-153

Plumbing ........... 38-159

Refuse disposal .......... 38-160

Sewers. See: Water and Sewers

Swimming pools ........... 38-165

Toilet facilities ........... 38-156

Water and sewers

Sewage disposal ............ 38-158

Sewers ........... 38-157

Connections ..........38-157(b)

Design and construction ........... 38-157(a)

Water supply .......... 38-155

Water supply .......... 38-155

TOXIC WASTE


Prohibited uses ........... 26-46

TRAFFIC AND VEHICLES



Specific standards

Manufactured homes and recreational vehicles, standards for…….34-82(3)




License


Parking .................... 18-50(4)

Traffic, affect on .................... 18-50(5)

Junk, storage of

Abandoned motor vehicles .......... 38-27


544


Automobile parking ......... 56-75

Noise .......... 38-89 et seq.

See: NOISE

Nuisances

Declared .......... 50-1


Conduct; use regulations

Automobiles ............ 58-28(e)

Yard sales

Parking violations, person conducting sale to be responsible for ……18-79

TRAILERS AND TRAILER PARKS. See: MANUFACTURED HOMES AND

MANUFACTURED HOME PARKS

TRASH. See: SOLID WASTE

TREES. See: VEGETATION

UNIVERSITIES. See: COLLEGES AND UNIVERSITIES

URINATION IN PUBLIC

Offenses and miscellaneous provisions Disorderly conduct


UTILITIES

Cross-connections and backflow prevention ......... 74-1

Damage, prevention of, to

underground utilities

Civil penalties ........ 74-30


Emergency excavation or demolition ............ 74-26

Excavation or demolition damage ............ 74-28

Filing requirements of utility operators …… 74-23


Required; time; information; records .......... 74-24

Response to notice ........... 74-25

Permit not to relieve responsibility for compliance .......... 74-29

Precautions to avoid damage .......... 74-27

Prohibition ......... 74-22

Excavations

Emergency excavation or demolition ............ 74-26

Excavation or demolition damage ............ 74-28

Notice of intent to excavate or demolish.

See herein that subject Fees and charges

Delinquent service bills .......... 74-54

Gas

Deposit fees .......... 74-52

Pilot lights, lighting of .......... 74-55

Rates ............ 74-53

Gas

545

Fees and charges. See herein that subject

Sewage management systems, on-site .......... 74-70 et seq.


VACCINATIONS. See: DRUGS AND MEDICINES

VARIANCES



Variance procedures .......... 34-86

Swimming pools


Administration and enforcement; variance……14-114

VECTOR CONTROL

Definitions .......... 38-191

Enforcement ........... 38-193

General provisions ......... 38-192

Compliance with article .................... 38-192(c)

Nuisance, maintaining ................... 38-192(a)

Occupant requirements ..................... 38-192(e)

Owner and occupant requirements ........ 38-192(f)

Rat harborage, elimination of ...................... 38-192(d)

Ratproofed, buildings to be ........ 38-192(b)

Ratproofing, removal of ................... 38-192(g)

VEGETATION

Certain ordinances not affected by Code ................... 1-11(9)

Nuisances

Declared ......... 50-1


Prohibited acts

Trees, plants .......... 58-29(3)

Wetlands protection

district


VEHICLES. See: TRAFFIC AND VEHICLES

VENDING MACHINES

Game machines, vending machines and other recreational machines ........... 18-21

et seq.


RECREATIONAL MACHINES

VIDEO STORES

Adult entertainment establishments 18-336 et seq.


VULGARITY. See: INDECENCY AND OBSCENITY

WALLS. See: FENCES, WALLS, HEDGES AND

546

ENCLOSURES WARRANTS. See: WRITS,

WARRANTS AND OTHER PROCESSES

WATER AND SEWERS


Sewage management systems, on-site. See herein that subject




Absorption fields .......... 74-87

Area computation ......... 74-87(a)

Design and construction, minimum, for conventional septic tank

systems…….74-87(c)

Field layout methods for conventional septic tank systems……74-87(d)

Distribution box method……74-87(d)(1)

Level field method…….74-87(d)(2)

Serial distribution method….. 74-87(d)(3)

Location .......... 74-87(b)

Administration and enforcement ............ 74-70

Alternative and experimental on-site management systems and site

modifications…….74-89

Applicability .......... 74-71


Absorption fields

Design and construction, minimum, for conventional septic tank

systems…….74-87(c)

Construction permit

Issuance or denial ........... 74-75

Required ........... 74-74

Privies; minimum design and construction .......... 74-88

Construction permit

Issuance or denial ......... 74-75

Required ............ 74-74


Design limits on conventional septic tank systems .......... 74-79

Distribution boxes and dosing tanks ........... 74-86

Grease traps ........... 74-92

Inspections ......... 74-76

License, bond and certificate required …….74-82


Construction permit

Issuance or denial ........... 74-75

Required ........... 74-74


Repair or alteration

Permit required .......... 74-83(a)

Maintenance ........... 74-77

Percolation tests and test borings ............ 74-90

Plans, specifications, and soil data, submission of .......... 74-80

Privies; minimum design and construction ........... 74-88

Prohibited discharge .......... 74-7 8

547

Repair or alteration .......... 74-83

Permit required .......... 74-83(a)

Swimming pool installation, alteration for .......... 74-83(b)

Required .......... 74-73

Septage removal and disposal .......... 74-9 1

Septic tanks ........... 74-85

Sewage flow ........... 74-93

Sewers .......... 74-84

Soil data acceptability ........... 74-8 1


Development requirements ............ 74-94

Water and sewage .......... 74-95


Absorption fields ........... 74-87

Design limits on conventional septic tank systems .......... 74-79

Privies; minimum design and construction ......... 74-88

Swimming pools


Water supply .......... 14-105

Tourist courts ........ 3 8-155 et seq.

See: TOURIST COURTS



WATER POLLUTION. See: POLLUTION

WATERWAYS. See: BOATS, DOCKS AND WATERWAYS

WEAPONS. See: FIREARMS AND WEAPONS

WEEK

Definitions and rules of construction ......... 1-2

WEIGHTS AND MEASURES


Location .......... 18-343

Alcoholic beverages









Area and space requirements ......... 56-71

Noise

Maximum permissible sound levels .......... 38-88

Swimming pools ......... 14-74 et seq.

See: SWIMMING POOLS

Water and sewers .... 74-79 et seq.

548


WETLANDS


Amendments .......... 26-50

Application of article .......... 2 6-43

Assessment relief .......... 26-51

Boundaries, district ..........26-44

Definitions ........ 26-42


Activities to comply with development plans ..........26-79

Appeals ......... 26-83

Duration and permit validity ........... 26-84

Emergency permit, temporary ..........26-77

Enforcement authority ......... 26-8 1

Filing review fee .......... 26-80

Review procedures .......... 26-82

Judicial review .......... 26-49

Alternative actions ................... 26-49(b)

Jurisdiction ................... 26-49(a)

Monitoring and enforcement ........... 26-47



Prohibited uses .......... 26-46

Title and purpose .......... 26-41

WILL


WINE. See: ALCOHOLIC BEVERAGES

WRITING


WRITS, WARRANTS AND OTHER PROCESSES

Animal control

Summons .......... 10-44

Municipal courts ........... 46-5 et seq.

See: MUNICIPAL COURTS

Taxation

Occupation tax

City clerk; subpoena powers ........... 70-37

YARD SALES

Defined ......... 18-76

Parking violations, person conducting sale to be responsible for ......... 18-79

Penalty for violation of article ........... 18-80

Permit

Required ............ 18-77

Term; fee ........... 18-78

549

YARDS AND OPEN SPACES

Swimming pools


Setback requirements ………...14-76

Yard Sales………18-76 et seq.

See: YARD SALES

YEAR

Definitions and rules of construction…….1-2

ZONING

Certain ordinances not affected by

Code…………..1-11(14), 1-11(15)



Shallow flooding, areas of (AO zones), standards for ………….34-84

Streams without established base flood elevations and/or

floodway (A-zones), building standards for………….34-83

Documents

THE CODE OF THE CITY OF SUGAR HILL, GEORGIA · 2016-05-06 · 1 THE CODE OF THE CITY OF SUGAR HILL, GEORGIA Codified through Amendments of Dec., 2003. Adopted and Effective March