HomeMy WebLinkAboutResolutions 19-11-522 - 11/18/2019 - Barring issuance of occupational tax certificatesSTATE OF GE ORGIA
COUNTY OF FULTON
RE SOLUTION NO . 19 -11 -522
A RESOLUTION OF THE CITY OF MILTON BARRING THE ISSUANCE OF O C CUPATIONAL TAX
CERTIFICATES FOR THE OPERATION OF SHAREABLE DOCKLESS MOBILITY DEVI C ES
(IN C LUDING ELECTRONI C SC OOTERS AND BICYCL ES)
WHEREAS , O .C.G .A. § 36-35-3 provides that the governing authority of a
m u nicipa li ty may adopt clearly reasonable ordinances, resolutions, and regu lations ;
WHER EAS , O.C.G.A. § 48-l 3-6(b) authorizes , but does not require cities "to provide
fo r the levy, assessment, and co ll ection of occupatio n t ax on those businesses ... which
have one or more locations or offices wi t h the corpora t e limi t ";
WHEREAS , the City of M ilt on, Georgia's ("City's") police power e xtends to the
preserva ti on of the public health, safety and welfare;
WHER EAS, the City has become aware of poss ib le safety and aesthetic concerns
associated with t he operation o f dockless mobility devices, including but not limited to
electron ic scooters and bicycles ("dockless mobility devices"), including incidents that
have res ul ted in injuries and even dea t h as a result of such devices;
WHEREAS , the City desires to consider and address appropriate regulation of such
dockless mobility devices;
WHEREAS , the Ci ty desires to avoid any potential operation of dockless mobility
devices while the City conside rs such regulations ; and
WHER EAS , the City finds that a moratorium barring for a period of si x (6) months the
acceptance of applica t ions fo r occupational tax certifi cates for businesses th at deal in
any way with commercial use of dockless mobility devices to be reasonab ly necessary,
the least restrictive means avail able, a reasonable exercise of the City's pol ice power,
and in t he best interes t s of the public health, safety, a n d welfare;
NOW THEREFORE , BE IT RESOLVED b y the May o r and City C oun cil of the C ity of
Milton as fo ll ows :
l . The C ity does herby enact a moratorium barring for six (6) months the
acceptance of applications for occupational tax certificates fo r businesses
that deal in any way with commercial use o f dockless mobility devices.
2. The moratorium imposed by t his Resolution sh all terminate on the earliest dat e
of ( l) the date that is six (6) months from the date of this Resolution ; (2) approval
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by the City of an additional moratorium ; (3) the adoption of an ordinance
address ing t he regu la t ion of dockless mobility devices; or (4) action by t he
Mayor and City Council terminating the moratorium within the six (6) month
period .
3. This Resolution shall be effective upon a majority vote of the Mayor and City
council
SO RESOLVE D, the public's health , safety, and welfare demanding it, this 18 th day of
November, 20 19.
~ Joe Lockwood , Mayor
Attest:
Sudie AM Gordon,City Clerk
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