HomeMy WebLinkAboutMinutes CC - 11/14/2006 - November 14, 2006 Packet (Migrated from Optiview)Page 1 of 7
Milton High School
Auditorium
13025 Birmingham Highway
Alpharetta, GA 30004
CITY OF MILTON, GEORGIA
Joe Lockwood, Mayor
CITY COUNCIL
Karen Thurman - District 1
Julie Zahner Bailey - District 2
Bill Lusk/Marty Lock - District 3 (runoff / non-seated)
Tim Enloe/Neal O’Brien - District 4 (runoff / non-seated)
Tina D’Aversa-Williams - District 5
Rick Mohrig - District 6
Tuesday, November 14, 2006 Special Called Council Meeting Agenda 6:00 PM
1) CALL TO ORDER
2) INAUGURATION
3) ADMINISTER OATH OF OFFICE TO THE ELECTED OFFICIALS
4) ROLL CALL
5) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 06-001)
6) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
7) REPORT OF ELECTION RESULTS
(Presented by Jeanette Marchiafava, City Clerk/Clerk of Court)
(Agenda Item No. 06-002)
8) ADOPTION OF ROBERT’S RULES OF ORDER TO GOVERN COUNCIL
MEETING RULES OF PROCEDURE
(Presented by Aaron Bovos, City Manager)
9) CONSENT AGENDA
(Agenda Item No. 06-003)
1) Approval of a Resolution Appointing Aaron J. Bovos as the City Manager for the City of
Milton, Georgia.
A RESOLUTION APPOINTING AARON J. BOVOS AS THE CITY MANAGER
FOR THE CITY OF MILTON, GEORGIA EFFECTIVE NOVEMBER 14, 2006
(Agenda Item No. 06-004)
2) Approval of a Resolution Appointing Jeanette R. Marchiafava as the City Clerk for the
City of Milton, Georgia.
MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA NOVEMBER 14, 2006 – 6:00 PM
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Milton High School
Auditorium
13025 Birmingham Highway
Alpharetta, GA 30004
A RESOLUTION APPOINTING JEANETTE R. MARCHIAFAVA AS THE CITY CLERK
FOR THE CITY OF MILTON, GEORGIA EFFECTIVE NOVEMBER 14, 2006
(Agenda Item No. 06-005)
3) Approval of a Resolution Appointing Carol R. Wolfe as City Treasurer for the City of
Milton, Georgia.
A RESOLUTION APPOINTING CAROL R. WOLFE AS CITY TREASURER
FOR THE CITY OF MILTON, GEORGIA EFFECTIVE NOVEMBER 14, 2006
(Agenda Item No. 06-006)
4) Approval of a Resolution Appointing Mark E. Scott as City Attorney and naming the law
firm of Riley, Lewis & McLendon as City Solicitor for the City of Milton, Georgia.
A RESOLUTION APPOINTING MARK E. SCOTT AS CITY ATTORNEY AND
NAMING THE LAW FIRM OF RILEY, LEWIS & MCLENDON AS CITY SOLICITOR
FOR THE CITY OF MILTON, GEORGIA EFFECTIVE NOVEMBER 14, 2006
10) REPORTS AND PRESENTATIONS
1) Administration of Oath of Office: (Administered by the Mayor)
a) City Manager
b) City Clerk
c) City Treasurer
d) City Attorney
11) ZONING AGENDA (none at this time)
12) FIRST PRESENTATION
(Agenda Item No. 06-007)
1) Approval of an Ordinance to provide for the continuation of ordinance and law during the
transition period legislatively established for the City of Milton, Georgia, and the
adoption of ordinances by the City of Milton, Georgia.
(Presented by Mark Scott, City Attorney)
AN ORDINANCE TO PROVIDE FOR THE CONTINUATION OF ORDINANCE AND LAW
DURING THE TRANSITION PERIOD LEGISLATIVELY ESTABLISHED FOR THE CITY OF MILTON,
GEORGIA AND THE ADOPTION OF ORDINANCES BY THE CITY OF MILTON, GEORGIA
(Agenda Item No. 06-008)
2) Approval of an Ordinance adopting Rules of Procedures for the City Council Meetings
and Public Hearings for the City of Milton, Georgia.
(Presented by Aaron Bovos, City Manager)
AN ORDINANCE ADOPTING RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND
PUBLIC HEARINGS FOR THE CITY OF MILTON, GEORGIA
MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA NOVEMBER 14, 2006 – 6:00 PM
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Milton High School
Auditorium
13025 Birmingham Highway
Alpharetta, GA 30004
(Agenda Item No. 06-009)
3) Approval of an Ordinance Adopting the Fiscal Year.
(Presented by Carol Wolfe, City Treasurer)
AN ORDINANCE TO SET AND ADOPT THE FISCAL YEAR FOR THE
CITY OF MILTON, GEORGIA
(Agenda Item No. 06-010)
4) Approval of an Ordinance to require a nonexeclusive Solid Waste Contract to operate in
the City of Milton, Georgia.
(Presented by Aaron Bovos, City Manager)
AN ORDINANCE ESTABLISHING SOLID WASTE COLLECTION SERVICES WITHIN THE CITY OF
MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION; PROVIDING FOR THE
DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE; PROVIDING PROCEDURES FOR THE
HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE FEE;
REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND AMENDMENT;
PROHIBITING ASSIGNMENT AND SUBLETTING OF THE CONTRACT WITHOUT CONSENT:
PROVIDING FOR FORFEITURE; AND MAKING OTHER PROVISIONS
(Agenda Item No. 06-011)
5) Approval of an Ordinance Adopting the Financial Management Program.
(Presented by Aaron Bovos, City Manager)
AN ORDINANCE TO ADOPT AND APPROVE POLICIES RELATING TO ACCOUNTING, AUDITING,
FINANCIAL REPORTING, BUDGETARY, CAPITAL ASSETS, CASH AND INVESTMENT
MANAGEMENT, DEBT MANAGEMENT, ELECTED OFFICIALS EXPENDITURES,
EXPENDITURES/EXPENSES, GRANT MANAGEMENT, POLICY ON CELL PHONES AND OTHER
ELECTRONIC DEVISES, RECORD RETENTION, REVENUE ADMINISTRATION, AND TRAVEL AND
MEAL EXPENDITURES, COMPRISING THE FINANCIAL MANAGEMENT PROGRAM FOR THE CITY
OF MILTON, GEORGIA; TO PROVIDE FOR GUIDANCE IN ADMINISTERING SUCH POLICIES; AND
FOR OTHER PURPOSES
(Agenda Item No. 06-012)
6) Approval of an Ordinance to Adopt procedures consistent with the Zoning Procedures
Acts of the State of Georgia as amended.
(Presented by Tom Wilson, Acting Community Development Director)
AN ORDINANCE OF THE CITY OF MILTON MAYOR AND CITY COUNCIL TO ADOPT ZONING
PROCEDURES CONSISTENT WITH THE ZONING PROCEDURES ACT OF THE STATE OF GEORGIA
(Agenda Item No. 06-013)
7) Approval of an Ordinance to Adopt and Approve Chapter 1, General Provisions, and
providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia,
(Presented by Aaron Bovos, City Manager)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 1, GENERAL PROVISIONS,
AND PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE DEVELOPED
CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO AND
INCORPORATED HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA NOVEMBER 14, 2006 – 6:00 PM
Page 4 of 7
Milton High School
Auditorium
13025 Birmingham Highway
Alpharetta, GA 30004
(Agenda Item No. 06-014)
9) Approval of an Ordinance to Adopt and Approve Chapter 2, Administration, and
providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia.
(Presented by Aaron Bovos, City Manager)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 2, ADMINISTRATION, AND
PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE DEVELOPED CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO AND INCORPORATED
HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
(Agenda Item No. 06-015)
10) Approval of an Ordinance to Adopt and Approve Chapter 3, Elections, and providing for
inclusion and identification in the future developed Code of Ordinances for the City of
Milton, Georgia.
(Presented by Jeanette Marchiafava, City Clerk/Clerk of Court)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 3, ELECTIONS AND
PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE DEVELOPED CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO AND INCORPORATED
HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
(Agenda Item No. 06-016)
11) Approval of an Ordinance to Adopt and Approve Chapter 4, Municipal Court, and
providing for inclusion and identification in the future developed Code of Ordinances
for the City of Milton, Georgia.
(Presented by Jeanette Marchiafava, City Clerk/Clerk of Court)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 4, MUNICIPAL COURT AND
PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE DEVELOPED CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO AND INCORPORATED
HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
(Agenda Item No. 06-017)
12)Approval of an Ordinance to Adopt and Approve Chapter 5, Animal Control, and
providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia.
(Presented by Aaron Bovos, City Manager)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 5, ANIMAL CONTROL, AND
PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE DEVELOPED CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO AND INCORPORATED
HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
(Agenda Item No. 06-018)
13) Approval of an Ordinance to Adopt and Approve Chapter 6, Code of Ethics, and
providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia
(Presented by Aaron Bovos, City Manager)
MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA NOVEMBER 14, 2006 – 6:00 PM
Page 5 of 7
Milton High School
Auditorium
13025 Birmingham Highway
Alpharetta, GA 30004
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 6, CODE OF ETHICS, AND
PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE DEVELOPED CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO AND INCORPORATED
HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
(Agenda Item No. 06-019)
14) Approval of an Ordinance to Adopt and Approve Chapter 7, Alcoholic Beverages, and
providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia.
(Presented by Carol Wolfe, City Treasurer)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 7, ALCOHOLIC
BEVERAGES, AND PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE
DEVELOPED CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO
AND INCORPORATED HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
(Agenda Item No. 06-020)
15) Approval of an Ordinance to Adopt and Approve Chapter 10, Taxation, and providing for
inclusion and identification in the future developed Code of Ordinances for the City of
Milton, Georgia.
(Presented by Carol Wolfe, City Treasurer)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 10, TAXATION, AND
PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE DEVELOPED CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO AND INCORPORATED
HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
(Agenda Item No. 06-021)
16) Approval of an Ordinance to Adopt and Approve Chapter 11, Business Regulations, and
providing for inclusion and identification in the future developed Code of Ordinances for
the City of Milton, Georgia.
(Presented by Carol Wolfe, City Treasurer)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 11, BUSINESS
REGULATION AND TAXATION,, AND PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN
THE FUTURE DEVELOPED CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA
ATTACHED HERETO AND INCORPORATED HEREIN, AND REPEALING CODE LAWS OF FULTON
COUNTY
(Agenda Item No. 06-022)
17) Approval of an Ordinance to Adopt and Approve Chapter 12, Offenses and Violations,
and providing for inclusion and identification in the future developed Code of Ordinances
for the City of Milton, Georgia.
(Presented by Mark Scott, City Attorney)
APPROVAL OF AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 12, OFFENSES AND
VIOLATIONS AND PROVIDING FOR THE INCLUSION AND IDENTIFICATION IN THE FUTURE
DEVELOPED CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA ATTACHED HERETO
AND INCORPORATED HEREIN, AND REPEALING CODE LAWS OF FULTON COUNTY
13) UNFINISHED BUSINESS (none at this time)
MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA NOVEMBER 14, 2006 – 6:00 PM
Page 6 of 7
Milton High School
Auditorium
13025 Birmingham Highway
Alpharetta, GA 30004
14) NEW BUSINESS
(Agenda Item No. 06-023)
1) Approval of a Resolution to ratify the Governor’s Commission Action.
(Presented by Ron Wallace, Chairman, Governor’s Commission)
A RESOLUTION TO RATIFY THE GOVERNOR’S COMMISSION ACTIONS
FOR THE CITY OF MILTON, GEORGIA
(Agenda Item No. 06-024)
2) Approval of a Resolution approving the City Seal for the City of Milton, Georgia.
(Presented by Jeanette Marchiafava, City Clerk/Clerk of Court)
A RESOLUTION APPROVING THE CITY SEAL FOR THE CITY OF MILTON, GEORGIA
(Agenda Item No. 06-025)
3) Approval of a Resolution designating the Milton Herald as newspaper for official
publications and notices (legal organ).
(Presented by Mark Scott, City Attorney)
A RESOLUTION TO DESIGNATE THE MILTON HERALD AS NEWSPAPER FOR
OFFICIAL PUBLICATION AND NOTICES (LEGAL ORGAN)
(Agenda Item No. 06-026)
4) Approval of a Resolution of the Mayor and City Council of the City of Milton, Georgia
defining the deployment of municipal services pursuant to the City’s charter and priority
in delivering services to constituents.
(Presented by Aaron Bovos, City Manager)
A RESOLUTION ESTABLISHING THE DEPLOYMENT OF OPERATIONAL SERVICES BY THE
CITY OF MILTON AND DIRECTING THE CITY MANAGER TO FORMALLY NOTIFY
FULTON COUNTY OF SUCH SCHEDULE; AND FOR OTHER PURPOSES
(Agenda Item No. 06-027)
5) Approval of a Resolution directing the City Manager to formally request the Georgia
Department of Revenue certify the City of Milton as a Qualified Municipality and to
begin distribution of Local Option Sales Tax proceeds; and for other purposes.
(Presented by Aaron Bovos, City Manager)
A RESOLUTION DIRECTING THE CITY MANAGER TO FORMALLY REQUEST THE GEORGIA
DEPARTMENT OF REVENUE CERTIFY THE CITY OF MILTON AS A QUALIFIED MUNICIPALITY
AND TO BEGIN DISTRIBUTION OF LOCAL OPTION SALES TAX PROCEEDS;
AND FOR OTHER PURPOSES
MILTON CITY COUNCIL SPECIAL CALLED MEETING AGENDA NOVEMBER 14, 2006 – 6:00 PM
Page 7 of 7
Milton High School
Auditorium
13025 Birmingham Highway
Alpharetta, GA 30004
(Agenda Item No. 06-028)
1) Approval of a Resolution Accepting and Awarding Placement of City Insurance to Georgia
Interlocal Risk Management (GIRMA) for the City of Milton, Georgia.
(Presented by Carol Wolfe, City Treasurer)
A RESOLUTION ACCEPTING THE BID OF THE GEORGIA INTERLOCAL RISK MANAGEMENT
AGENCY (GIRMA) FOR THE PLACEMENT OF INSURANCE FOR THE CITY OF MILTON,
GEORGIA AND AUTHORIZING THE MAYOR AND CITY TREASURER, OR THEIR DESIGNEES, TO
EXECUTE ANY AND ALL DOCUMENTS NECESSARY FOR THE IMPLEMENTATION THEREOF
15) MAYOR AND COUNCIL REPORTS
16) STAFF REPORTS
17) PUBLIC COMMENT
(Agenda Item No. 06-029)
18) ADJOURNMENT
Page 1 of 1
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _____
A RESOLUTION APPOINTING AARON J. BOVOS AS THE CITY MANAGER
FOR THE CITY OF MILTON, GA EFFECTIVE NOVEMBER 14, 2006
The Council of the City of Milton hereby resolves while in special called session on the 14th day of
November, 2006 at 6:00 pm.:
SECTION 1. That Aaron J. Bovos was selected by the Governor’s Commission as the
Interim City Manager on August 29, 2006;
SECTION 2. That Aaron J. Bovos has acted in the capacity as the Interim/City Manager
on a full-time basis since September 25, 2006;
SECTION 3. That Aaron J. Bovos shall serve as the City Manager of the City of Milton
and is hereby appointed with all the duties of the City Manager as set forth in Article III,
Section 3.23 of the City Charter; and,
SECTION 4. That this appointment is effective November 14, 2006;
SECTION 5. That the Mayor and City Manager shall finalize an employment contract
pursuant to the terms and conditions beneficial to both parties; and
SECTION 6. That this Resolution shall become effective upon its adoption.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 14th day of November, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 1
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _____
A RESOLUTION APPOINTING JEANETTE R. MARCHIAFAVA AS THE CITY CLERK
FOR THE CITY OF MILTON, GA EFFECTIVE NOVEMBER 14, 2006
The Council of the City of Milton hereby resolves while in special called session on the 14th day of
November, 2006 at 6:00 pm.:
SECTION 1. That Jeanette Marchiafava was selected by the Governor’s Commission as
the Interim City Clerk on October 10, 2006;
SECTION 2. That Jeanette Marchiafava has acted in the capacity as the Interim City Clerk
on a full-time basis since October 23, 2006;
SECTION 3. That Jeanette Marchiafava shall serve as the City Clerk and is hereby
appointed with all the duties of the City Clerk as set forth in Article IV, Section 4.13 of the
City Charter;
SECTION 4. That Jeanette Marchiafava will also serve the role as the Municipal Court
Clerk/Court Administrator for the City of Milton’s Municipal Court;
SECTION 5. That this appointment is effective November 14, 2006;
SECTION 6. That this Resolution shall become effective upon its adoption.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this ____ day of November,
2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 1
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. _____
A RESOLUTION APPOINTING CAROL R. WOLFE AS CITY TREASURER
FOR THE CITY OF MILTON, GA EFFECTIVE NOVEMBER 14, 2006
The Council of the City of Milton hereby resolves while in special called session on the 14th day of
November, 2006 at 6:00 pm.:
SECTION 1. That Carol R. Wolfe was selected by the Governor’s Commission as the
Interim City Treasurer on October 10, 2006;
SECTION 2. That Carol R. Wolfe has acted in the capacity as the Interim City Treasurer
on a full-time basis since October 9, 2006;
SECTION 2. That Carol R. Wolfe shall serve as the City Treasurer of the City of Milton as
is hereby appointed with all the duties of the City Treasurer as set forth in Article IV,
Section 4.14 of the City Charter; and,
SECTION 3. That Carol R. Wolfe shall also serve as the Director of Finance, Director of
Human Resources, and Director of Information Technology, effectively known as the
Director of Operations for the City of Milton;
SECTION 4. That Carol R. Wolfe shall serve as the Acting City Manager in the absence
of the City Manager as set forth in Article III, Section 3.24 of the City Charter;
SECTION 5. That this appointment is effective November 14, 2006; and
SECTION 6. That this Resolution shall become effective upon its adoption.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this ____ day of November,
2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 1
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO _____
A RESOLUTION APPOINTING MARK E. SCOTT OF RILEY, LEWIS AND MCLENDON
AS CITY ATTORNEY AND CITY SOLICITOR
FOR THE CITY OF MILTON, GA EFFECTIVE NOVEMBER 14, 2006
The Council of the City of Milton hereby resolves while in special called session on the 14th day of
November, 2006 at 6:00 pm.:
SECTION 1. That Mark E. Scott of Riley, Lewis and McLendon is hereby appointed as
the City Attorney and City Solicitor for the City of Milton, GA by the Mayor and
confirmed by the City Council pursuant to Article IV, Section 4.12of the City Charter;
and,
SECTION 2. That Mark E. Scott and his firm shall perform the duties of City Attorney
and City Solicitor as directed by the City; and,
SECTION 3. These appointments are effective November 14, 2006; and,
RESOLVED this the 14th day of November, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: October 20, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of an Ordinance for the Continuation of Fulton County Ordinance and
Law during Transition
City Attorney Recommendation:
Adopt the attached ordinance providing for continuation of Fulton County ordinances as law of
the City during our transition period. This item was presented during the October 24, 2006
Governor’s Commission Meeting.
Background:
The City’s Charter (House Bill 1470) outlines in Section 7.16, Transition, the following:
“During this transition period, all ordinances of Fulton County shall remain applicable
within the territorial limits of Milton and the appropriate court or courts of Fulton County
shall retain jurisdiction to enforce such ordinances.”
Discussion:
H.B. 36, the charter of the City of Sandy Springs, did not provide for such a transition, and
therefore, Sandy Springs adopted a nearly identical ordinance at midnight on December 1,
2005. Strictly speaking, therefore, this ordinance may be superfluous, but in an abundance of
caution, and after discussing the matter in staff meetings, we have determined that it is better to
adopt a “belt and suspenders” approach to the subject.
Alternatives:
None identified.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
Page 1 of 2
STATE OF GEORGIA ORDINANCE NO. _______
COUNTY OF FULTON
AN ORDINANCE PROVIDING FOR THE CONTINUATION OF ORDINANCE AND
LAW DURING THE TRANSITION PERIOD LEGISLATIVELY ESTABLISHED FOR
THE CITY OF MILTON, GEORGIA AND THE ADOPTION OF ORDINANCES BY
THE CITY OF MILTON, GEORGIA.
The Council of the City of Milton hereby ordains while in special session on the 14th day of
November, 2006 at 6:00 pm. as follows:
SECTION 1. That the General law of the State of Georgia provides for a transition
period, not to exceed twenty-four (24) months, for the orderly transition of governmental
functions from the county to a new municipal corporation during which, the new
municipal corporation can assume individual governmental functions as authorized by
law. O.C.G.A. § 36-31-8; and,
SECTION 2. That the Charter Act for the City of Milton, Georgia (HB1470, General
Assembly 2006) provides for the transition period beginning December 1, 2006, and
ending at midnight on November 30, 2008, during which transition period, until assumed
by the City, Fulton County shall continue to provide within the territorial limits of Milton
all government services and functions which Fulton County provided in that area as of
the date of enactment of the Charter for Milton, except as is otherwise provided by the
Charter; and,
SECTION 3. That accordingly, It is hereby declared by the City Council for the City of
Milton that until: (1) repealed by the City Council by specific reference to the law or
Ordinance of the Code of Fulton County, or (2) the City Council adopts regulation by the
valid passage and adoption of an ordinance by the City Council affirmatively replacing
specific Fulton County ordinances in conformance with the Charter of the City of Milton,
Georgia, and O.C.G.A. § 36-31-8, all existing laws and ordinances of Fulton County, in
effect as of November 30, 2006 shall continue in full force and effect within the
territorial limits of the City of Milton for the term of the Charter transition period, or until
otherwise repealed or replaced as contemplated herein. Subject to the following
exception, to wit: as general law of the State of Georgia prohibits a local government
from taking action resulting in a zoning decision without compliance with statutory
requirements (Georgia Law Title 36, Chapter 66) the zoning ordinances of Fulton County
as relating to zoning procedures to be applied are specifically not continued as a part of
the ordinances of the City of Milton; and,
SECTION 4. That further, pursuant to the authority as granted in its Charter for the
adoption of emergency ordinances, the City Council hereby affirmatively adopts and
enacts all of those provisions of the Fulton County, Georgia Code of Ordinances which
are not repealed or replaced by those certain Ordinances of the City of Milton, Georgia
which are enacted contemporaneously herewith by the City Council; and,
Page 2 of 2
For the purposes of this adoption, any reference contained in the Fulton County Code of
Ordinances to: (1) Fulton County, Georgia shall be deemed to refer to the City of Milton,
Georgia, (2) the Fulton County Board of Commissioners shall be deemed to refer to the
Mayor and City Council of Milton, Georgia, (3) the County Manager shall be deemed to
refer to the Interim and/or permanent City Manager of Milton, Georgia. Further, any
duties or functions carried out by boards, authorities, commissions, and/or other entities
in the Fulton County Code of Ordinances shall be carried out by the Mayor and Council
of Milton, Georgia or their duly authorized designees. Further, any other reference to
any staff member or staff function set out in the Fulton County Code of Ordinances shall
be deemed to be the responsibility of the closest corresponding staff member or
department in the City of Milton, or the Interim and/or permanent City Manager of
Milton, Georgia or his or her duly authorized designees.
SECTION 5. That the Council finds an emergency exists for the adoption of governing
laws and ordinances for the City of Milton for beginning its function as a city as of its
Charter effective date, December 1, 2006, without interruption or loss of services and
functions essential for the city, and the Council further finds the meeting at which this
ordinance is adopted is the first meeting of the Council for the calendar year 2006; and,
SECTION 6. That this Ordinance shall become effective upon its adoption.
ORDAINED this the______day of _________________________.
Approved:
__________________
Mayor
Attest:
___________________________
City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: October 10, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: An Ordinance Adopting Rules and Procedures for the City Council Meetings and Public
Hearings for the City of Milton, Georgia
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting the Rules and Procedures of public meetings held by the City of
Milton, providing for an orderly process of conducting business, and for other purposes.
Background:
Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate
the orderly conduct of public meetings. Such documents outline how meetings will be conducted and
stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any
government – soliciting public input and conducting public meetings.
The attached Rules of Procedure were drafted after consulting with Title 50, Chapter 14 of the Official
Code of Georgia Annotated as well as the City’s Charter – House Bill 1470. Further, other governments
such as Sandy Springs, Alpharetta, and Roswell’s documentation were reviewed.
Discussion:
The attached ordinance and Rules of Procedure establishes a protocol in which Council Members, as well
as the public, place items on the agenda and formulate it for due process. All meetings of the Mayor and
City Council shall be held in accordance with applicable laws, as outlined and defined in the attached
Rules of Procedure. The public shall at all times be afforded access to all meetings other than executive
sessions. All members of the public wishing to address the City Council shall submit their name and
topic of their comments to the City Clerk prior to the start of any meeting held by the City Council.
The various sections of the Rules and Procedures include definitions for a quorum, Mayor’s
responsibilities, election/responsibilities of the Mayor Pro-Tempore, Presiding Officer, Parliamentarian,
Amendments to the Rules, Suspending Rules of Order, Regular Meetings, Order of Business, Agenda,
etc. Additionally, if the applicants of rezoning actions or individuals who wish to oppose a rezoning
action had contributed more than $250 to the campaign of a Councilmember, the individual shall file a
campaign disclosure form as required by O.C.G.A. §36-67A-3 at least five calendar days prior to the first
hearing by the City Council.
Alternatives: N/A
Concurrent Review: N/A
PAGE 1 OF 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
A ORDINANCE ADOPTING RULES AND PROCEDURES FOR THE CITY COUNCIL
MEETINGS AND PUBLIC HEARINGS FOR THE
CITY OF MILTON, GEORGIA
WHEREAS, well-organized meetings allow a City Council to reach decisions in a fair and consistent
manner; and
WHEREAS, efficiently is served when the process of planning for and conducting public meetings is
clearly stated and understood by public officials and citizens; and
WHEREAS, public participation and access to the governmental decision-making process is a key
element of an open and transparent organization.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS that
all meetings of the Milton City Council shall be conducted in accordance with the provisions of this
meetings organization ordinance as outlined in the attached Rules of Procedures.
SECTION 1. That the Rules of Procedures for the City Council Meetings and Public
Hearings are adopted and attached hereto as if fully set forth herein; and
SECTION 2. That the first reading of this Ordinance was held on November 14, 2006; and
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED while in regular session on the ______ day of ___________, 2006 at _____ pm.
Approved:
_____________________________
Mayor
Attest:
___________________________
City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 7
RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC
HEARINGS
Section 1. Open Meetings. All meetings of the Mayor and City Council shall be held in
accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia
Annotated. The public shall at all times be afforded access to all meetings other than executive
sessions.
Section 2. Executive Sessions. Executive sessions of the council may be held for the purpose
of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the
Official Code of Georgia Annotated. Any portion of the meeting not subject to any such
exemptions shall be open to the public.
(a) Non-Exempt Topics. If a council member attempts to discuss a non-exempt topic
during an executive session, the mayor, city manager, or city clerk shall immediately rule
that council member out of order and such discussion shall cease. If the council member
persists in discussing the non-exempt topic, the mayor shall adjourn the meeting
immediately.
(b) Procedure For Entering Into Executive Sessions. No executive session shall be
held except pursuant to a majority affirmative vote of the city council taken in a public
meeting. The minutes of the public meeting shall reflect the names of the council
members present, those voting for the executive session, and the specific reasons for the
executive session. All votes taken on items discussed in executive session shall be taken
in an open meeting.
(c) Executive Session Minutes.
(1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an
executive session in which the acquisition of real estate is discussed shall be taken
in the same manner as minutes of an open meeting (Section 21 of this document)
and available for public inspection except that any portion of the minutes
identifying the real estate shall be redacted until such time as the action for
acquisition of the real estate is taken, or decision is reached that the proposed
acquisition is to be terminated, abandoned or until court actions are to be initiated
through the use of condemnation proceedings.
(2) Other Executive Sessions. Minutes of executive sessions devoted to any topic
other than land acquisition may be maintained by the clerk at the direction of the
mayor. Any such minutes shall be maintained in a confidential file and shall not be
subject to disclosure, except that disclosure of such portions of minutes identifying
real estate to be acquired by the city council may only be delayed until such time as
the acquisition of the real estate has been completed, terminated, or abandoned or
court proceedings have been initiated.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 7
(d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall
execute an affidavit stating, under oath, that the executive session was devoted to topics
exempt from the public access requirements. The affidavit shall include the specific
exemption to the open meetings law. The affidavit shall be notarized and filed with the
minutes of the open meeting.
[Cross Reference: O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4]
Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings
shall be permitted for all public hearings.
[Cross-reference: O.C.G.A. § 50-14-1(c)]
Section 4. Quorum. A quorum must be present for conducting meetings of the city council. A
quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor
or presiding officer to enforce this rule. Any council member may raise a point of order directed
to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the
course of a meeting, a council member or council members leave and a quorum no longer exists,
the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting
may be rescheduled by the mayor or presiding officer with the approval of the council members
present.
Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding
officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this
duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The
mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce
motions and second motions, including a motion or second to go into executive session as
authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected
body.
Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore from the
council members at the first meeting of the calendar year following each election, provided no
runoff election is required. In the event a runoff election is required, a mayor pro-tempore shall
be selected at the first meeting after a full mayor and city council are seated. The mayor pro-tem
shall fulfill the duties of the mayor if the mayor is not in attendance.
Section 7. Presiding Officer. If the mayor and the mayor pro-tem are absent or otherwise
unable to serve as presiding officer at a meeting and a quorum of council members are present,
the remaining council members shall select a council member to serve as presiding officer of the
meeting until either the mayor or mayor pro-tem is present at the meeting.
Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city
council meetings.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 3 of 7
Section 9. Amendments to the Rules. Any amendments to the rules of order shall be
submitted by a council member in writing to the city manager three business days before a
regular meeting of the city council. The proposed amendment shall be included in the agenda for
that meeting and distributed to all council members. All amendments require a majority vote of
the council to be adopted.
Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of
an emergency. A motion to suspend the rules requires a second, is debatable, and requires
unamious approval of the council. Rules governing quorums (Section 4), voting methods and
requirements (Section 17 and Section 18), the notification to council members of meetings
(Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended;
provided, however, that, in the event that a state of emergency is declared by the Governor or
other authorized state official, the city council may waive time-consuming procedures and
formalities imposed by state law.
[Cross-reference: O.C.G.A. § 38-3-54]
Section 11. Regular Meetings. Regular meetings of the city council shall be held at 5:30 p.m.
on the first and third Thursday of each month. All regular meetings shall be held at City Hall in
the Mayor and Council meeting room. A notice containing the foregoing information shall be
posted and maintained in a conspicuous place available to the general public at the regular
meeting place of the city council.
[Cross-reference: O.C.G. A. § 50-14-1(d)]
Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and
locations other than those regularly scheduled meetings.
(a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be
canceled, rescheduled, recessed or moved to a new location within the city site by the
mayor and city council for any reason. Other special meetings may be scheduled by the
mayor or at the request of at least three (4) council members. Whenever a rescheduled
regular meeting or any other special meeting is to be held at a time or place other than the
regularly scheduled time or place, written notice of the change shall be posted for at least
24 hours at the regular meeting place. In addition, written or oral notice shall be given by
the clerk at least 24 hours in advance of the meeting to the legal organ of the city, as well
as to each member of the city governing authority.
[Cross-reference: O.C.G.A. § 50-14-1(d)]
(b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur,
the city council may hold a meeting with less than 24 hours notice to the public. When
such meetings are to be held, the clerk shall provide notice to the legal organ of the city
and to each member of the city governing authority as soon as possible. The notice shall
include the subjects expected to be considered at the meeting. In addition, the minutes
shall reflect the reason for the emergency meeting and the nature of the notice given to
the media.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 4 of 7
[Cross-reference: O.C.G.A. § 50-14-1-(d)]
(c) Meetings During a State of Emergency. When it is imprudent, inexpedient or
impossible to hold city council meetings at the regular meeting place due to emergency or
disaster resulting from manmade or natural causes, as declared by the Governor or other
authorized state official, the city council may meet anywhere within or outside of the city.
Such a meeting may be called by the mayor or by any three (3) council members. At the
meeting, the council members shall establish and designate emergency temporary
meeting locations where public business may be transacted during the emergency. Any
action taken in such meetings shall have the same effect as if performed at the regular
meeting site.
[Cross reference: O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55]
Section 13. Order of Business. All regular city council meetings shall substantially follow an
established order of business. The order shall be as follows:
1. Call to Order
2. Roll Call
4. Pledge of Allegiance
5. Approval of Meeting Agenda
6. Consent Agenda
7. Reports and Presentations
8. Zoning Agenda
9. First Presentation
10. Unfinished Business
11. New Business
12. Mayor and Council Reports
13. Staff Reports
14. Public Comment
15. Adjournment
Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be
acted on for each meeting. Work session topics and council agenda items shall be submitted
consistent with the attached process. The agenda shall be made available to the city council at
least one business day before every city council meeting.
(a) Requests For Agenda Items. Members of the City Council or the public may
request that a particular subject be placed on the agenda for a meeting. To be considered,
this request shall be submitted in writing to the city manager or city clerk.
(b) Changing The Agenda. The order of the agenda may be changed during a meeting
by a majority vote of the city council. A new item may be added to the agenda by a
majority vote of the city council only if it becomes necessary to address the item during
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 5 of 7
the meeting. An existing item may be removed from the agenda by the majority vote of
the city council.
(c) Agenda Must Be Made Public. The agenda of all matters to come before the city
council shall be made available to the public upon request and shall be posted at the
meeting site as far in advance as reasonably possible, but not more than two weeks prior
to the meeting. Not less than 24 hours prior to the start of the meeting.
[Cross-reference: O.C.G.A. §§ 50-14-1(e)(1) and 36-66-4]
Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the
city council to adopt motions on routine items. Any items of business that are expected to
receive unanimous approval without debate may be placed on a consent agenda. At the
appropriate time of the meeting, all of the items on the consent agenda shall be read into public
record. If a council member objects to an item being on the consent agenda, the council member
shall direct the move of that particular item to the regular agenda through a motion, second, and
majority vote. Following the reading of the consent agenda, the mayor may ask for approval of
the items on the consent agenda. If there are no objections, all the items on the consent agenda
shall be approved by a majority vote of the city council.
Section 16. First Presentation. A first presentation agenda may be prepared by the city
manager for the city council to adopt motions on the first reading of ordinances. Any items of
business that require two readings may be placed on the first presentation agenda. At the
appropriate time of the meeting, all of the items being on the first presentation agenda shall be
read into public record. Following the reading of the first presentation agenda, the city clerk may
ask for approval of the items on the first presentation agenda. If there are no objections, all the
items on the first presentation agenda shall be approved by a majority vote of the city council.
Section 17. Decorum. All council members shall conduct themselves in a professional and
respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council
member may not speak at a meeting until he or she has been recognized by the mayor. All
comments made by a council member shall address the motion that is being discussed. The
mayor shall enforce these rules of decorum. If a council member believes that a rule has been
broken, he or she may raise a point of order. A second is not required. The mayor may rule on
the question or may allow the city council to debate the issue and decide by majority vote.
Section 18. Voting. Passage of a motion shall require the affirmative vote of a majority of those
voting at which a quorum is present. Unless otherwise specified in the charter as it pertains to
voting by the Mayor, a majority shall mean at least four of the council members present
(including mayor).
Section 19. Abstentions. A council member shall vote on all motions unless he or she has a
conflict of interest preventing him or her from making a decision in a fair and legal manner. If a
conflict of interest does exist, the council member shall explain for the record his or her decision
to abstain on any vote.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 6 of 7
Section 20. Public Participation. Public participation in meetings of the city council shall be
permitted in accordance with the provisions of this section.
(a) Public Comments. The final agenda item of the meeting shall be reserved for
comments from the public. All members of the public wishing to address the city council
shall submit their name and the topic of their comments to the city clerk prior to the start
of any meeting held by the city council; provided, however, that if the applicants of
rezoning actions or individual who wish to oppose a rezoning action has contributed
more than $250 to the campaign of a council member who will consider the application,
the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A-
3(c) at least five calendar days prior to the first hearing by the city council. Individuals
may be allotted five minutes to make their comments and those comments shall be
limited to their chosen topic. These limits may be waived by a majority vote of the city
council.
[Cross-reference: O.C.G.A. § 36-67A-3]
(b) Public Participation on Agenda Items. The city council may allow public comment
on an agenda item at the time the item is being considered by the city council. These
comments shall be limited to the subject that is being debated. Members of the public
may speak for five minutes and may speak only once. These limits may be waived by a
majority vote of the city council. Anyone wishing to speak at any city council meeting
must be recognized by the mayor before addressing the city council.
(c) Decorum. Members of the public shall not make inappropriate or offensive
comments at a city council meeting and are expected to comply with the rules of decorum
that are established for council members. Individuals violating any rules of the city
council may be ruled out of order by the mayor or on a point of order made by a council
member, the city manager, city clerk, or city attorney. A majority vote of the city council
shall rule on the point of order. An individual violating the rules of decorum may be
removed from the meeting at the direction of the mayor.
(d) Public Hearings. The city council may schedule public hearings for the purpose of
soliciting public comment on any subject of interest to the city council. Hearings may be
held immediately prior to, during or following a meeting of the city council or at such
other places and times as the city council may determine. Hearings require at least 10
minutes per side. These limits may be waived by a majority vote of the City Council. No
official action shall be taken at any such public hearing. Hearings on zoning decisions
shall be governed in accordance with the zoning policies and procedures.
[Cross-reference: O.C.G.A. §§ 36-66-4 and 36-66-5]
Section 21. Meeting Summary. A summary of the subjects acted upon in a meeting and the
names of the council members present at a meeting shall be written and made available to the
public for inspection within two business days of the adjournment of the meeting.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 7 of 7
[Cross-reference: O.C.G.A. § 50-14-1(e)(2)]
Section 22. Minutes. The clerk of the city council shall promptly record the minutes for each
city council meeting. The minutes shall specify the names of council members present at the
meeting, a description of each motion or other proposal made at the meeting, the name of the
council member who proposed each motion, the name of the council member who seconded each
motion, and a record of all votes (the name of each council member voting for or against a
proposal shall be recorded). More detailed information may be included in the minutes at the
request of the city council.
The city council shall approve the minutes before they may be considered as an official record of
the city council. The minutes shall be open for public inspection once approved as official by the
city council but in no case later than immediately following the next regular meeting of the city
council. A copy of the minutes from the previous meeting shall be distributed to the city council
at least one business day before the following meeting. The minutes of the previous meeting
shall be corrected, if necessary, and approved by the city council at the beginning of each
meeting. A majority vote is required for approval. Conflicts regarding the content of the
minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed
by the mayor and attested to by the clerk of the city council.
[Cross-reference: O.C.G.A. § 50-14-1(e)(2)]
Section 23. Roberts Rules of Order. This document shall serve as the rules and procedures of
the Mayor and City Council. In the absence of applicable rules and procedures which may from
time to time be encountered during the public meetings, Roberts Rules of Order shall be
followed.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
C:\Documents and Settings\User\Desktop\Jeanette\November 14, 2006\Memo Fiscal Year.doc
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, CGFM, CTP, City Manager
Date: October 10, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of an Ordinance Establishing the Fiscal Year
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance providing for a city wide fiscal cycle of October 1 to September 30
based upon the annual revenue cycle; and direct staff to document processes and procedures
in alignment with the fiscal year. Staff presented this agenda item during the October 10, 2006
Governor’s Commission Meeting.
Background:
The City’s Charter (House Bill 1470) outlines in Article VI, Finance, Section 6.22, Accounting
and Budgeting, the following:
“The city council shall set the fiscal year by ordinance. This fiscal year shall constitute
the budget year and the year for financial accounting and reporting of each and every
office, department, agency, and activity of the city government.”
Pursuant to this requirement the City Treasurer’s Office in conjunction with the City Manager’s
Office embarked on a review to best match the city’s fiscal year with the appropriate financial
cycles.
Discussion:
Traditionally fiscal years are set upon the natural flow or revenues and expenditures/expenses
which best facilitate the internal and external factors of an operation. For governments, this is
particularly concentrated on the largest revenue source, which for Milton is property taxes.
Property taxes follow the following schedule:
January 1 – official assessment occurs
January – June – Fulton County Tax Assessor completes a review of the
property tax digest, including those properties where the owners have appealed
the official assessment
June – July – Fulton County Tax Assessor submits each municipal digest to the Georgia
Department of Revenue for certification
August – municipalities receive detailed information on property assessments in order to
generate property tax bills
September 1 – City generates property tax bills and mails for all real and
personal property
October 30 – Property tax payments are due to the City
December 1 – Delinquent notices begin
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
C:\Documents and Settings\User\Desktop\Jeanette\November 14, 2006\Memo Fiscal Year.doc
As a result of the above schedule, staff recommends a fiscal year of October 1 through
September 30. This allows the majority of revenue (90-92%) to be collected within the fiscal
year through a 60 day accrual process. Meaning, revenue collected after October 1st but before
November 30, will be applied to the prior year’s revenues. This process is customary and
normal based upon Generally Accepted Accounting Principles (GAAP). Further, this cycle
allows the City to end at the closing of a natural quarter and does not require an “interim” fiscal
year of just a few months for our first cycle.
Alternatives:
None identified.
Concurrent Review:
Carol R. Wolfe, CGFM, SPHR, City Treasurer
Page 1 of 1
ORDINANCE NO.____________
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO SET AND ADOPT THE FISCAL YEAR FOR THE CITY OF
MILTON, GEORGIA AS OCTOBER 1 THROUGH SEPTEMBER 30,
AND FOR OTHER PURPOSES
WHEREAS, the City of Milton is required by law to annually adopt a budget to guide and direct its
receipt of revenues and expenditures; and
WHEREAS, authorizing legislation set forth by the State of Georgia in House Bill 1470 outlined in
Article V, Finance, Section 6.22, Accounting and Budgeting, signed by the Governor on March 29,
2006, requires that the City Council shall set the fiscal year by ordinance; and
WHEREAS, for financial and fiscal planning the City has studied options regarding the fiscal year
and has determined that the October 1 through September 30 time period provides the most
conducive annual cycle; and
WHEREAS, this Ordinance was first read on November 14, 2006.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS THAT:
By passage of this ordinance, the City of Milton adopts as its fiscal year October 1 through September
30.
This ordinance shall be effective immediately upon its adoption.
PASSED AND APPROVED on the _____ day of __________________, 2006.
Approved:
___________________________________
Mayor
Attest:
______________________________
City Clerk
(Seal)
Approved as to Form and Content:
_____________________________________
City Attorney
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: October 14, 2006 for submission onto the November 14, 2006 City Council Meeting
Agenda Item: Ordinance Approving and Establishing the Regulation of Solid Waste Collection
Services within the City of Milton, and Providing for the Scope and Nature of the
Operation of Such Services.
CMO (City Manager’s Office) Recommendation:
Approve the ordinance approving and establishing the regulation of solid waste collection
services within the City of Milton, and direct City staff to facilitate the contracting of such
services to providers currently in operation and those who may become in operation.
Background:
After incorporation, the City gained the ability to regulate solid waste providers within the City
limits, establishing a governing entity to ensure constituents are receiving minimum standards of
service. Slightly different than normal franchises, this ordinance establishes the City’s ability to
enter into contracts with all service providers based upon the provisions of the ordinance. The
regulation of solid waste is one of the six services providing the City’s ability to qualify for Local
Option Sales Tax.
Discussion:
The formulation of this ordinance began with a law firm of Cohen, Cooper, Estep & Mudder, who
was engaged by the City of Sandy Springs. Best practices were reviewed state wide to
formulate that document. Subsequent to the Sandy Springs City Council, a input committee of
solid waste providers and citizens was formed. The attached document represents the output of
that committee.
This ordinance includes sections and clearly covers the following areas:
1. Scope and Nature of Operation
2. Disposal of Refuse
3. Contract and Rental Fees
4. Recycling
5. Compliance with laws, regulations, and ordinances
6. Insurance coverage
7. Indemnification
8. Termination; and
9. Transfer, sale or conveyance.
After approval of the ordinance staff will mail documents to the service providers conducting
business within the City of Milton. This mailing will facilitate the registration process of each of
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
the haulers as well as the City’s ability to comply with the state solid waste regulations, whereby
our land filled waste reduction requirements are met.
Alternatives:
Adopt or approve the ordinance with removal of sections or parts not deemed appropriate by the
City of Milton Mayor and City Council.
Financial Impact:
The attached ordinance contains the requirement for an infrastructure maintenance fee to be
paid to the City quarterly in the amount of 5% of gross revenues. This revenue is estimated at
$50,000 per year. The anticipated impact to residential constituents is less than one dollar
($1.00) per month. Further, this revenue is dedicated to the maintenance of infrastructure,
primarily the resurfacing of roadways.
Concurrent Review:
Carol Wolfe, City Treasurer and Director of Operations
Page 1 of 14
ORDINANCE NO. _______________
CITY OF MILTON
COUNTY OF FULTON
STATE OF GEORGIA
AN ORDINANCE ESTABLISHING SOLID WASTE COLLECTION SERVICES WITHIN THE
CITY OF MILTON; PROVIDING FOR THE SCOPE AND NATURE OF THE OPERATION;
PROVIDING FOR THE DISPOSAL OF GARBAGE, SOLID WASTE AND REFUSE;
REQUIRING THE EXECUTION BY SERVICE PROVIDERS OF A NON-EXCLUSIVE
AGREEMENT WITH THE CITY OF MILTON; PROVIDING PROCEDURES FOR THE
HANDLING OF COMPLAINTS; PROVIDING FOR AN INFRASTRUCTURE MAINTENANCE
FEE; REQUIRING INDEMNITY INSURANCE; PROVIDING FOR REVOCATION AND
AMENDMENT; PROHIBITING ASSIGNMENT AND SUBLETTING WITHOUT CONSENT;
PROVIDING FOR FORFEITURE; AND FOR MAKING OTHER PROVISIONS.
WHEREAS, several companies (“Company”) currently operate solid waste services within the corporate
city limits pursuant to their contracts with their customers; and
WHEREAS, the City of Milton (“City”) seeks to provide standards of operation, regulation, and
oversight in the providing of solid waste services within the corporate city limits; and
WHEREAS, it is in the interest of the City and its citizens to offer companies currently providing such
services a non-exclusive contract on such terms and conditions that will provide the City with the controls
and options necessary to provide for the public good.
NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS:
Section 1. Definitions.
1.0 For the purpose of this ordinance, whenever inconsistent with the context, words used in
the present tense include the future tense, words in the plural include the singular, words
in the singular include the plural, and the use of any gender shall be applicable to all
genders whenever the sense requires. The words "shall" and "will" are mandatory and the
word "may" is permissive. Words not defined in this Section 1 or otherwise in this
ordinance shall be given their common and ordinary meaning.
The following words, terms, phrases and their derivations shall, in this ordinance, have
the meaning given in this section.
1.1 “City” means the City of Milton, Georgia, an incorporated municipal government in
Fulton County, State of Georgia. Boundaries defining the City limits may be changed via
ordinances approved by the City Council, for which any new boundary created shall be
subject to this contract.
1.2 “Company” means any organization, firm, person, entity, corporation or other business
that contracts with customers to provide for the collection and disposal of solid waste
material as defined in this ordinance, and including but not limited to
construction/demolition debris, dead animals, garbage, waste, storm debris, yard
trimmings, and recyclable material.
1.3 “Solid Waste” means the collection of residential and commercial non-recyclable waste,
residential and commercial recyclable waste, and residential yard trimmings/waste.
Page 2 of 14
1.4 “Approved Container or Approved Bag” or “Container” or “Bag” means those containers
used in the collection of solid waste, as defined in this ordinance, which have been
approved by the Company for use by both residential and commercial customers.
1.5 “Construction/Demolition Debris” shall have the meaning set forth by the Georgia
Department of Natural Resources, Environmental Protection Division (Georgia EPD
Chapter 391-3-4.01(14)).
1.6 “Dead Animals” shall mean animals or portions thereof equal to or greater than ten (10)
pounds in weight that have died from any cause, except those slaughtered or killed for
human use.
1.7 “Effective Date” means any contract executed between the City and any Company on or
after December 1, 2006.
1.8 “Term” shall mean a period of one year from the effective date.
1.9 “Environmental Laws” means all applicable laws, directives, rules, ordinances, codes,
guidelines, regulations, governmental, administrative or judicial orders or decrees or
other legal requirements of any kind, including, without limitation, common law, whether
currently in existence or hereafter promulgated, enacted, adopted or amended, relating to
safety, preservation or protection of human health and the environment (including
ambient air, surface water, groundwater, land, or subsurface strata) and/or relating to the
handling, treatment, transportation or disposal of waste, substances or materials,
including, without limitation, any matters related to releases and threatened releases of
materials and substances.
1.11 “Area” shall mean the area within the boundaries of the incorporated areas of the City of
Milton, as they exist as of the Effective Date in addition to future boundary changes as
outlined in section 1.1.
1.12 “Garbage” shall have the meaning set forth at Georgia Department of Natural Resources,
Environmental Protection Division (“Georgia EPD Chapter 391-3-4-.01(21)).
1.13 “Hazardous Materials” means any pollutant, contaminant, hazardous or toxic substance,
constituent or material, including, without limitation, petroleum products and their
derivatives, or other substances, regulated under or pursuant to any Environmental Laws.
The term Hazardous Materials also includes any pollutant, contaminant, hazardous or
toxic substance, constituent or material, including, without limitation, petroleum products
and their derivatives, or other substance that is, after the date first written above, deemed
hazardous be any judicial or governmental entity, body or agency having jurisdiction to
make that determination.
1.14 “Hazardous Waste” means any waste regulated under or pursuant to any Environmental
Laws, including, but not limited to, any solid waste which has been defined as a
hazardous waste in regulations promulgated by the Board of Natural Resources, Chapter
291-3-11. The term Hazardous Waste also includes Hazardous Materials and any waste
that is, after the Effective Date of this Agreement, deemed hazardous by any judicial or
governmental entity, board, body or agency having jurisdiction to make that
determination. The term “Hazardous Waste” will be construed to have the broader, more
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encompassing definition where a conflict exists in the definitions employed by two or
more governmental entities having concurrent or overlapping jurisdiction over Hazardous
Waste.
1.15 “Residential Unit” shall mean any structure, whether single family, multi-family, or
otherwise whose primary purpose is for living.
1.16 “Commercial Unit” shall mean any structure, whether free standing or designed to serve
multiple tenants, whose primary purpose is for conducting business.
1.17 “Construction Site” shall mean any parcel of land or real property having land
disturbance, clearing & grading, demolition, improvements & betterments, renovation,
remodeling and/or new construction work performed thereon or about the real property or
premises whether or not a land disturbance and/or building permit is required.
1.18 “Recycling” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(57).
1.19 “Waste” means all putrescible and non putrescible solid, semi-solid, and liquid wastes,
including residential or commercial garbage, trash, refuse, paper, rubbish, ashes, manure,
vegetable or animal solid and semi-solid wastes, and other discarded solid and semi-solid
wastes.
1.20 “Yard Trimmings” shall have the meaning set forth at Georgia Department of Natural
Resources, Environmental Protection Division (“Georgia EPD”) Chapter 391-3-4-
.01(77).
1.21 “Customer” shall mean any firm, person, entity, corporation or organization that contracts
with a Company for the collection and disposal of solid waste material as defined in this
ordinance,and including but not limited to construction/demolition debris, dead animals,
garbage, waste, storm debris, yard trimmings, and recyclable material.
1.22 "Gross Receipts" shall mean the total amount collected by the Company from any and all
Customers for services rendered under authority of this Ordinance as a result of charges
for service. Gross receipts shall not include the Infrastructure Maintenance Fee identified
in this ordinance.
Section 2. Grant of Non-Exclusive Contract.
The City shall hereby grant to Companies a non-exclusive contract pursuant to the terms set forth herein
to use the public streets, alleys, roads and thoroughfares within the City for the purpose of operating and
engaging in the business of collecting and disposing of Waste; including, but not limited to, contracting
with Customers and providing service pursuant to contract therefore, placing and servicing containers,
operating trucks, vehicles and trailers, and such other operations and activity as are customary and/or
incidental to such business and service.
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Section 3. Term.
The term of any agreement shall be for a period of one (1) year beginning on the effective date of the
Contract execution and terminating on the first anniversary of said date. The Company shall begin
performance under this contract immediately after the effective date of the Contract execution.
Section 4. Scope and Nature of Operation.
4.1 Residential and Commercial Refuse and Waste. The Company may collect and deliver for
disposal all Residential and Commercial Refuse and Waste accumulated within the
corporate limits of the City by the Company's Customers and the words "refuse",
"garbage", "trash" and "waste" when used in this Ordinance are used for convenience and,
unless the context shows otherwise, refer to yard trimmings, recycling, storm debris,
garbage, and construction/demolition debris. The Company will furnish the personnel and
equipment to collect refuse, provide the services described herein, and as contracted for
with its Customers, in an efficient and businesslike manner.
4.2 Service Provided-Company shall provide container, bin and other collection service for the
collection of Residential and Commercial Refuse and Waste according to the individual
Customer agreements and applicable City regulations and shall make provision for the
special collection of such refuse and waste upon request. The Company shall cause or
require its equipment, containers and bins to be kept and maintained in a manner to not
cause or create a threat to the public health and shall keep the same in a good state of
repair.
4.3 Collection Operation- (a) Save and except as provided in this Section, collection shall not
start before 7:00 AM or continue after 7:00 PM at any location. Company may request
variances to this collection period provided that collections: (i) are made in a manner that
does not cause or result in loud noise; and (ii) that are made at a location which will not
cause the disturbance of persons occupying the premise or neighboring property must first
be confirmed prior to the request. All requests for variances of times must be submitted to
the City Manager, or his designee, and include documentation on the hardship created by
the collection operation period. Should such a collection operation variance be granted and
the city receive two complaints about the collection operation in any six month time
period, the City shall verify and substantiate the factual basis for any complaints. Should
the complaints be substantiated, the collection operation variance will be revoked. The
frequency of collection shall be determined by each individual customer agreement.
4.4 Holidays- The Company shall observe such holidays as it, in its sole discretion, determines
appropriate. Notification must be given by the Company to it’s Customers of the holidays
and resulting collection cycles.
4.5 All Companies must maintain a local customer service telephone number while conducting
business within the City. The telephone number must be publicly listed in a phone book
and available through directory assistance. Each Company providing trash receptacles,
whether commercial or residential, must mark each receptacle with the Company’s name
and telephone number in letters not less than four (4) inches in height. Each Company
must provide a mechanism to accept, investigate, and respond to customer complaints.
Companies are strongly encouraged to use multi-media devices including interactive
websites, e-mail, fax, and automated telephone systems. Service calls received by the City
as a result of non-Company performance will result in the consideration of revocation of a
non-exclusive contract or the City’s choice to not renew an existing agreement.
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4.6 Any invoice, bill, statement, or other device intended to request remittance by the customer
to the Company of funds for payment of service shall include at a minimum, the
Company’s telephone number and payment methods available to customers.
4.7 All Companies providing residential service or service to residential multi-family units
must provide a recycling program to all customers. This program is intended to promote
recycling programs throughout the City by reducing the amount of waste landfilled.
Commodities may be commingled by the consumer and collected commingled by the
hauler. Recycled commodities which must be offered in all programs are as follows:
brown, clear, and green glass; steel and tin cans; aluminum cans, foil, pie pans, plastic
items (#1, #2, and #3); cardboard, cereal boxes and any non-waxed paper containers; brown
paper grocery bags; newspapers; magazines; telephone books; junk mail; office papers; and
school papers. Customers shall be charged for the recycling program by the Company
regardless of utilization of the service. Haulers are to include this service with their
residential rate structure; however, the charge for recycling shall be shown separate from
other services provided.
4.8 All Companies providing commercial service must offer and promote a recycling program
to all customers. This program is intended to promote recycling programs throughout the
City by reducing the amount of waste landfilled.
4.9 All Companies providing residential service must offer the collection of yard trimmings to
all customers. This program is intended to assist in the collection and disposal of grass
clippings; leaves; pine cones and needles; twigs, limbs, and trunks of trees meeting size
limitations set by Company; bushes, brush, and all other general debris generated from the
maintenance of residential yards and lawns.
5.0 It shall be the Company’s obligation and responsibility to educate all Customers on
industry trends and best practices relating to solid waste collection, removal, and disposal.
Such education programs must consist of the following elements: recycling; holiday
schedules; new customer information; and any service related items. All Companies have
the obligation to inform Customers of any non-collected trash or items placed for collection
by the Customer but not covered under the agreement between the Customer and the
Company. Further, it shall be the Company’s obligation and responsibility to educate
Customers on days of collection for each specific service provided. All education and
communication between the Company and Customers should promote the placement of
residential collectibles at the curb the night before pick-up. Receptacles, containers, or
bagged materials shall not be left at the curb for longer than a twenty-four (24) hour period.
Section 5. Vehicles to be Covered and Identified.
All vehicles used by Company for the collection and transportation of refuse shall be covered at all times
while loaded and in transit to prevent the blowing or scattering of refuse onto the public streets or
properties adjacent thereto, and such vehicles shall be clearly marked with the Company's name and
telephone number in letters not less than four (4) inches in height.
5.1 Company must provide a comprehensive and proactive driver safety education program
which encourages safety on City streets. Such program must be demonstrated and
conveyed to the City. Company must comply with all other regulatory agencies, both local,
state, or otherwise with respect to commercial vehicle operation within the City. Service
calls received by the City as a result of non-Company performance will result in the
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consideration of revoking a non-exclusive contract or the City’s choice to not renew an
existing agreement.
5.2 Company must manage collection services delivered within the City to minimize the
number of vehicles on City roads. Coordination between haulers and service providers is
strongly encouraged to manage service vehicles on residential streets and neighborhoods.
5.3 Should Company utilize “Scout” trucks to facilite collection in residential areas where it is
not feasible to use standard collection vehicles, such vehicles must be covered at all times
while loaded and in transit should they exceed 30 miles per hour or be driven more then
300 yards on a public street.
Section 6. Regulation of Containers.
The Company may rent, lease, provide or define specifications for containers to any customer within the
corporate limits of the City for refuse storage and collection purposes subject to the following
requirements:
6.1 All containers shall be constructed and maintained according to industry practice;
6.2 All containers shall be equipped with stable covers to prevent blowing or scattering of
refuse while being transported for disposal of their contents;
6.3 All containers, save and except those being used for the purpose of collecting and
storing rubble, building and scrap construction materials, shall be equipped with
covers suitable to prevent blowing or scattering refuse and access to the container
by animals while the container is at the site designated by Customer;
6.4 All containers shall be periodically cleaned, maintained, serviced and kept in a
reasonably good state of repair, to prevent the unreasonable accumulation of refuse
residues, to avoid excessive odor and harborage for rodents and flies resulting from
excessive residues remaining after collection of containers; and
6.5 All containers shall be clearly marked with the Company’s name and telephone number
in letters not less than four (4) inches in height.
6.6 All containers shall not be on public rights of way and shall be located so as to not
interfere, block, obstruct or impede the normal use of any sidewalk, street, alley
driveway or fire lane, or to block, obstruct or impede sight distance at street, road or
alley intersections.
6.7 All containers, bins, or other collection instruments must be kept free from graffiti, rust,
broken and non-operational parts and pieces, and litter in and around the area.
6.8 It shall be the responsibility of each Company to educate their Customers on the
regulations of containers and maintain industry standards, policies, and procedures,
which promote an asethically pleasing environment in and around all refuse and waste
containers and receptacles.
Section 7. Disposal of Refuse.
The Company will deliver all Waste collected by it from it’s customers within the City, except for
materials which the Company may select for recovery and recycling, to a disposal facility that is
permitted by the EPD to accept such refuse and waste. Rules and regulations governing hours of
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operation and disposal practices at the disposal facility will be observed and followed by the Company
while engaged in the disposal of refuse pursuant to this Ordinance. Any items collected as part of a
recycling program must be delivered to a facility where recovery and reuse occurs.
Should any company choose to offload or dispose of materials collected by one vehicle into another for
transport to the final disposal facility, Company shall make every available effort to perform such
refuse transfer on property owned by the Company or privately owned property where the Company
has an agreement with the property owner to perform such activity. In the event any transfer occurs on
public land, including streets, alleys, rights-of-ways, roads, thoroughfares, avenues, parkways,
expressways, or other areas designed and designated for public travel, Company shall make every effort
available to clean the area after completion of the transfer to insure the area is maintained at the same
or better level than if the area was not used for this activity. In the event the City receives complaints
regarding this practice, Company shall be required to cease from this activity at the location of the
complaint.
Section 8. Contract and Rental Fees.
8.1 Contract Fee- The streets, rights-of-way, and public easements to be used by the Company
in the operation of its business within the boundaries of the City as such boundaries now
exist and exist from time to time during the term of this contract, are valuable public
properties acquired and maintained by the City at great expense to its taxpayers, and the
City will incur costs to regulate and administer this Ordinance. In consideration of such
benefits, costs and expenses, the Company shall through the term of its Contract collect an
“Infrastructure Maintenance Fee” equal to 5% of the Company’s gross receipts to
Customers within the City (exclusive of Sales Tax). The term “Infrastructure Maintenance
Fee” shall be used on all bills, invoices, or statements sent by any Company to a Customer
under this Ordinance.
8.1.1 Fees Paid- The Infrastructure Mainteanance Fee shall be payable quarterly to the
City and delivered to the City in conjunction with a statement indicating the
derivation and calculation of such payment. Each such quarterly payment shall be
due on the 15th day of the second month following the end of the quarterly period
for which said payment is due. The quarterly payments shall be due on February
15, May 15, August 15, and November 15 of each year during the term hereof, with
the February 15 payment being based upon the Company's gross receipts during the
calendar quarter ending the prior December 31 and being payment for the rights
and privileges granted hereunder for said calendar quarter, the May 15 payment
being based upon the Company's gross receipts during the calendar quarter ending
the prior March 31 and being payment for the rights and privileges granted
hereunder for said calendar quarter, the August 15 payment being based upon the
Company's gross receipts during the calendar quarter ending the prior June 30 and
being payment for the rights and privileges granted hereunder for said calendar
quarter, and the November 15 payment being based upon the Company's gross
receipts during the calendar quarter ending the prior September 30 and being
payment for the rights and privileges granted hereunder for said calendar quarter.
During the implementation of this ordinance, all bills generated by Companies after
December 1, 2006 shall include the Infrastrusture Maintenance Fee. The City shall
provide material relating to the education and marketing efforts of the
Infrastructure Maintenance Fee as well as provide education and training to
Company employees to ensure a consistent message is conveyed to constitutents of
the City of Milton. For purposes of verifying the amount of such fee, the books of
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the Company shall at all reasonable times be subject to inspection by the duly
authorized representatives of the City.
8.1.2 No Other Rental Fees- The Contract fee shall be in lieu of any and all other City-
imposed rentals or compensation or contract, privilege, instrument, occupation,
excise or revenue taxes or fees and all other exactions or charges (except ad
valorem property taxes, special assessments for local improvements, city sales
tax, and such other charges for utility services imposed uniformly upon persons,
firms or corporations then engaged in business within the City) or permits upon
or relating to the business, revenue, installations and systems, fixtures, and any
other facilities of the Company and all other property of the Company and its
activities, or any part thereof, in the City which relate to the operations of the
Company pursuant to this Ordinance; provided, that this shall not be construed to
prevent the Company from being required to pay any and all applicable fees and
charges in effect from time to time for dumping at a landfill or transfer station.
8.1.3 Credit for Fees Paid- Should the City not have the legal power to agree that the
payment of the foregoing sums of money shall be in lieu of contracts, fees, street
of alley rentals or charges, easement or ordinance fees or charges aforesaid, then
City agrees that it will apply so much of said sums of money paid as may be
necessary to Company's obligations, if any, to pay any such contract, ordinance
charges, other charges, fees, rentals, easement, taxes or charges.
8.1.4 Reporting – Any Company providing service pursuant to this Ordinance or a
resulting Contract shall from time to time provide the City with the necessary
statistics regarding waste collected and disposed which shall allow the City to
comply with State reporting requirements. Such information shall be in the
manner and format requested by the City and provide adequate details for the
City to maintain compliance with local, state, federal, and all other guidelines
relating to solid waste collection, removal, and disposal.
8.1.5 Dedicated Revenue – The Infrastrusture Maintenance Fee collected by the City
under this ordinance shall be dedicated to the following: (i) maintenance of the
City’s streets, corridors, alleys, thoroughfares, and transportation routes; (ii)
administration of contract compliance between Customers and Companies where
service is received as provided in this Ordinance; and (iii) collection of litter and
trash within the City.
Section 9. Compliance with Law.
The Company shall conduct under this Ordinance in compliance with the material provisions of all
applicable local, state and federal laws, rules and regulations, and with the general specifications
contained in this Ordinance.
Section 10. Insurance Provided by Company.
10.1 Minimum Coverage Requirements- The Company shall maintain throughout the term
of its Contract, property damage coverage, general liability insurance, and automobile
liability insurance for any automobile owned or operated by Company, with an
insurance company authorized and licensed to do business in the State of Georgia and
acceptable to the City, insuring against claims for liability and damages for the benefit
of the City. The insurance shall include the City as an additional insured. General
liability coverage insurance under this section shall be a minimum of One Million and
No/100 Dollars ($1,000,000) per occurrence with a Two Million and No/100 Dollars
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($2,000,000) aggregate. Automobile liability insurance under this section shall, at a
minimum, have limits of One Million and No/100 Dollars ($1,000,000) for each
occurrence. Additionally, an umbrella coverage of One Million and No/100 Dollars
($1,000,000) on both automobile liability insurance and general liability insurance is
required.
10.2 Employer's Liability- If the Company is required by Georgia Statute, the Company
shall maintain throughout the term of the Contract resulting from this Ordinance the
requisite statutory workers' compensation insurance, and a minimum of One Hundred
Thousand and No/100 Dollars ($100,000) employer's liability insurance. Company
shall be required to show compliance to this section by submitting documentation of
such coverage from an approved carrier licenses in the State of Georgia, or
documentation explaining the exemption from employer’s liability insurance should
they not meet the state requirements to carry such coverage.
10.3 Certificate of Insurance- The insurance policy, or policies, obtained by the Company in
compliance with this section shall be approved by the City Manager or his designee in
the City Manager’s or his designee’s reasonable discretion, and the certificate of
insurance for the insurance policy shall be filed and maintained with the City during the
term of the Contract resulting from this Ordinance with a copy of the endorsement
required under Section 10.4 to be attached or made a part of such certificate.
10.4 Endorsements- All insurance policies maintained pursuant to this Ordinance shall
contain the following conditions by endorsement:
10.4.1 Additional Insured- The City shall be an additional insured and the term
"owner" and "City" shall include all authorities, Boards, Bureaus,
Commissions, Divisions, Departments and offices of the City and the
individual members, officers, employees and agents thereof in their official
capacities and/or while acting on behalf of the City.
10.4.2 Other Insurance Clause- The policy clause "Other Insurance" shall not apply to
the City when the City is an insured on the policy;
10.4.3 No Recourse- Companies issuing the insurance policies shall not recourse
against the City for payment of any premium or assessment.
10.5 Increase Requirements-The City may chose to amend this Ordinance to make
reasonable adjustments to the insurance coverage and their limits when deemed
necessary and prudent based upon changes in statutory law, court decisions, or the
claims history of the industry.
Section 11. Indemnification and Hold Harmless.
The Company agrees to indemnify, defend and save harmless the City, its agents, officers and
employees, against and from any and all claims by or on behalf of any person, firm, corporation or
other entity arising from any negligent act or omission or willful misconduct of the Company, or any
of its agents, contractors, servants, employees or contractors, and from and against all costs, counsel
fees, expenses and liabilities incurred in or about any such claim or proceeding brought thereon.
Promptly after receipt from any third party by City of a written notice of any demand, claim or
circumstance that, immediately or with the lapse of time, would give rise to a claim or the
commencement (or threatened commencement) of any action, proceeding or investigation (an “Asserted
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Claim”) that may result in losses for which indemnification may be sought hereunder, the City shall
give written notice thereof (the “Claims Notice”) to the Company provided, however, that a failure to
give such notice shall not prejudice the City’s right to indemnification hereunder except to the extent
that the Company is actually and materially prejudiced thereby. The Claims Notice shall describe the
Asserted Claim in reasonable detail, and shall indicate the amount (estimated, if necessary) of the losses
that have been or may be suffered by the City when such information is available. The Company may
elect to compromise or defend, at its own expense and by its own counsel, any Asserted Claim. If the
Company elects to compromise or defend such Asserted Claim, it shall, within twenty (20) business
days following its receipt of the Claims Notice (or sooner, if the nature of the Asserted Claim so
required) notify the City of its intent to do so, and the City shall cooperate, at the expense of the
Company, in the compromise of, or defense against, such Asserted Claim. If the Company elects not to
compromise or defend the Asserted Claim, fails to notify the City of its election as herein provided or
contests its obligation to provide indemnification under this Agreement, the City may pay, compromise
or defend such Asserted Claim with all reasonable costs and expenses borne by the Company.
Notwithstanding the foregoing, neither the Company nor the City may settle or compromise any claim
without the consent of the other party; provided, however, that such consent to settlement or
compromise shall not be unreasonably withheld. In any event, the City and the Company may
participate at their own expense, in the defense of such Asserted Claim. If the Company chooses to
defend any Asserted Claim, the City shall make available to the Company any books, records or other
documents within its control that are necessary or appropriate for such defense.
Section 12. Forfeiture and Terminating of Contract.
12.1 Material Breach- In addition to all other rights and powers retained by the City under this
Ordinance or otherwise, the City reserves the right to declare any resulting Contract from
this Ordinance forfeited and to terminate the Contract and all rights and privileges of the
Company hereunder in the event of a material breach of the terms and conditions hereof.
A material breach by Company shall include, but shall not be limited to, the following:
12.1.1 Fees- Failure to pay the fees set out in Section 8;
12.1.2 Telephone Listings- Failure to keep and maintain a local telephone listing and
office or answering service that is available by phone without long distance
charge during regular business hours for service to the public, and which
telephone or office shall, at minimum, provide and maintain the following
services:
(a) Coordinate and provide information concerning deposits, payments and
accounts to Customers and prospective Customers;
(b) Respond to Customer and prospective Customer questions and issues about
billings, accounts, deposits and services;
(c) Coordination with the City with respect to private sector and public works
projects and issues related to or affecting the Company's operation; and
(d) Immediate response, upon request, to police, fire and other emergency
situations in which the public health and safety requires action with respect
to or assistance regarding Company's property.
12.1.3 Failure to Provide Service- Failure to materially provide the services provided
for in this Ordinance;
12.1.4 Misrepresentation- Material misrepresentation of fact in the application for or
negotiation of any contract resulting from this Ordinance; or
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12.1.5 Conviction- Conviction of any director, officer, employee, or agent of the
Company of the offense of bribery or fraud connected with or resulting from
the award of a contract from this Ordinance.
12.2 Operation Information- Material misrepresentation of fact knowingly made to the City
with respect to or regarding Company's operations, management, revenues, services or
reports required pursuant to this Ordinance.
12.3 Economic Hardship- Company shall not be excused by mere economic hardship nor by
misfeasance or malfeasance of its directors, officers or employees.
12.4 Forfeiture and Proceedings- Any unwarranted and intentional neglect, failure or refusal
of the Company to comply with any material provision of this Ordinance or resulting
Contract within thirty (30) days after written notice from City setting forth the specific
provision and noncompliance, said notice to be mailed to Company at its principal place
of business by certified mail, return receipt requested, shall be deemed a breach of this
Ordinance, and the City Council, upon notice to Company and hearing, may, for good
cause declare a Contract forfeited and exclude Company from further use of the streets of
the City under this Ordinance, and the Company shall thereupon surrender all rights in
and under this Ordinance and Contract.
12.4.1 Proceedings- In order for the City to declare a forfeiture pursuant to Sections
12.1, 12.2, 12.3, or 12.4, the City shall make a written demand that the
Company comply with any such provision, rule, order, or determination under
or pursuant to this Ordinance. If such violation by the Company continues for a
period of thirty (30) days following such written demand without written proof
that the corrective action has been taken or is being actively and expeditiously
pursued, the Council may take under consideration the issue of termination of
the resulting Contract from this Ordinance. The City shall cause to be served
upon Company, at least twenty (20) days prior to the date of such a Council
meeting, a written notice of intent to request such termination and the time and
place of the meeting. Notice shall be given of the meeting and issue which the
Council is to consider.
12.4.2 Hearing - The Council shall hear and consider the issue, hear any person
interested therein, and shall determine whether or not any violation by the
Company has occurred.
12.4.3 Forfeiture- If the Council shall determine that the violation by the Company
was the fault of Company and within its control, the Council may declare the
contract forfeited and terminated, or the Council may grant to Company a
period of time for compliance.
Section 13. Transfer, Sale or Conveyance by Company.
The Company shall not transfer, assign, sell or convey any rights granted under any resulting Contract
from this Ordinance without the prior approval of the City Council; provided that this section shall not
apply to vehicles, replacements, maintenance, upgrades or modifications of equipment, machinery,
containers and buildings by Company for the purpose of maintaining and continuing its operation within
the City; and provided further that Company may, in its sole discretion and upon written notice to the
City, transfer, assign, sell or convey their rights under this Ordinance to a wholly owned subsidiary of the
Company or to an affiliated entity that is under common control with Company (i.e. has a common parent
entity).
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Section 14. Foreclosure.
Upon the foreclosure or other judicial sale of all or a substantial part of the assets and property of the
Company used for and dedicated to providing service pursuant to this Ordinance, the Company shall
notify the City of such fact, and such notification shall by treated as a notification that a change in control
of the Company has taken place and the provisions of this Ordinance governing the consent of the
Council to such change in control of the Company shall apply. Upon the foreclosure or judicial sale, or
the leasing of all or a substantial part of the property and assets of the Company dedicated to and used for
the purposes of providing service pursuant to this Ordinance, without the prior approval of the Council,
the Council may, upon hearing and notice, terminate any Contract resulting from this Ordinance.
Section 15. Receivership and Bankruptcy.
15.1 Cancellation Option - The Council shall have the right to cancel any Contract resulting
from this Ordinance one hundred twenty (120) days after the appointment of a receiver
or trustee to take over and conduct the business of the Company, whether in receivership,
reorganization, bankruptcy, other action or preceding, whether voluntary or involuntary,
unless such receivership or trusteeship shall have been vacated prior to the expiration of
said one hundred twenty (120) days, unless:
15.1.1 Trustee Compliance- Within one hundred twenty (120) days after his election
or appointment, such receiver trustee shall have fully complied with all the
provisions of this Ordinance and remedied all defaults thereunder; or
15.1.2 Trustee Agreement- Such receiver or trustee, within one hundred twenty (120)
days, shall have executed an agreement, duly approved by the court having
jurisdiction, whereby the receiver or trustee assumes and agrees to be bound by
each and every provision of this Ordinance granted to the Company.
Section 16. Retention of City Police Powers.
The City retains and reserves all of its police powers and the rights, privileges, and immunities that it now
has under the law to regulate, patrol and police the streets and public ways within the City, and the
granting of any Contract as a result of this Ordinance shall in no way interfere with the improvements to,
or maintenance of, any street, alley or public way, and the rights of the City to use said streets, alleys and
public ways.
Section 17. Amendments of City Ordinances and Regulations.
The City reserves the right and power, pursuant to its police power, after due notice to Company, to
modify, amend, alter, change or eliminate any rules, regulations, fees, charges and rates of the City, and to
impose such additional conditions, that are not inconsistent with the rights granted by this Ordinance,
upon the Company and all persons, firms or entities of the same class as the Company, as may be
reasonably necessary in the discretion of the City Council to preserve and protect the public, health, safety
and welfare and/or insure adequate service to the public.
Section 18. Taxes.
The Company shall promptly pay all lawful ad valorem taxes, levies and assessments, if any, that are
imposed upon the Company. Absent an administrative or judicial challenge, or appeal, the failure to pay
any such tax, levy or assessment shall be a breach of this Ordinance.
Section 19. Public Necessity.
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The Council hereby finds and declares that the public welfare, convenience and necessity require the
service which is to be furnished by the Company.
Section 20. Solvability.
If any section, paragraph, subdivision, clause, part or provision hereof shall be adjudged invalid or
unconstitutional the same shall not affect the validity hereof as a whole or any part or provision other than
the part or parts held invalid or unconstitutional.
Section 21. Captions and Headings.
The use of captions or headings for the various sections of this Ordinance are for convenience of parties
only and do not reflect the intent of the parties. The rule of interpretation to solve ambiguities in a
contract against the party drafting such contract shall not apply to this Ordinance.
Section 22. No Suspension of Laws.
All provisions of the ordinances of the City as now existing or as may be amended from time to time, and
all provisions of the statues of the State of Georgia applicable to general law cities shall be a part of any
resulting contract from this Ordinance as fully as if the same had been expressly stated herein, and said
the City retains and may exercise all of the governmental and police powers and all other rights and
powers not directly inconsistent with the terms, conditions and provisions of this Ordinance.
Section 23. Peaceful Employment.
From and after the effective date of this ordinance, the City and the Company shall be and are hereby
authorized and entitled to act in reliance upon the terms, conditions and provisions of this Ordinance and
any resulting Contract and, subject thereto, the Company shall collect rates for service, operate and
conduct its business and work within the City, and enjoy the benefits and privileges of this Ordinance
during the term hereof.
Section 24. Open Meetings.
It is hereby officially found and determined that the meeting at which this ordinance was passed was open
to the public, and public notice of the time, place, and purpose of said meeting was given, as required by
the Open Meetings Act, Georgia Code.
Section 25. Endorsements and Records.
The City Clerk is directed to make endorsements as appropriate over his/her official hand and the seal of
the City on the form provided at the conclusion of this Ordinance, for the public record and convenience
of the citizens, of the date upon which this Ordinance is finally passed and adopted.
Section 26. Acceptance by Company.
Within thirty (30) days after the passage of this Ordinance, or within thirty (30) days of establishing a
business within the corporate City limits, all Companies operating a Residential or Commercial Refuse
Waste service shall file with the City its acceptance of the terms and provisions of this Ordinance, and
request for Contract. The acceptance and request for Contract shall be in writing on the Company's
letterhead and provide as follows:
Page 14 of 14
City of Milton
Attention: City Manager
115 Perimter Center Place, NE
Suite 785
Atlanta, GA 30346
_______________________________________(the "Company"), acting by and through an officer who
is acting within its official capacity and authority, hereby accepts the City of Milton Solid Waste
Ordinance to operate a refuse and solid waste collection and disposal system within the City as said
Ordinance is set forth and provided herewith. The Company agrees to be bound and governed by each
term, provision and condition of the Ordinance, to accept and to give the benefits provided by the
Ordinance, and to perform each service and duty set forth and provided for in the Ordinance in a
businesslike and reasonable manner and in compliance with the Ordinance.
Company: ____________________________________
By: _________________________________________
Printed Name:_________________________________
Title: ________________________________________
THIS ORDINANCE PASSED AND APPROVED on the _____________ day of
____________________________, 2006.
Approved:
__________________________________________
Mayor
Attest:
_____________________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
Approved as to Form and Content:
_____________________________________
City Attorney
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, CGFM, CTP, City Manager
Date: October 10, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of an Ordinance Adopting the Financial Management Program
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance providing for city wide policies on financial related matters to be
known as the Financial Management Program of the City of Milton; and direct staff to document
processes and procedures in alignment with the policies.
Background:
The City Treasurer, in conjunction with the City Manager’s Office, recently underwent the
process of developing policies which provide the City of Milton an operating guideline when
addressing monetary or finance related matters. These policies will serve as the backbone of
the City Treasurer’s Office, and allow staff to develop specific operating guidelines relating to
these policies.
Discussion:
The attached policies represent the following areas:
Accounting, Auditing, and Financial Reporting
Budgetary
Capital Assets
Cash and Investment Management
Debt Management
Elected Officials Expenditures
Expenditures/Expenses
Grant Management
Policy on Cell Phones and Other Electronic Devices
Purchasing
Record Retention
Revenue Administration
Travel and Meal Expenditures
In order to complete the formulation of the above policies, staff reviewed existing documents
from several other municipalities including Peachtree City, Alpharetta, Roswell, Athens-Clarke
County and Sandy Springs. In addition, organizations such as the Government Finance
Officers Association (GFOA) produce “recommended practice” documents for cities and
counties relating to many of the above topics. Resource materials were consulted as necessary
in order to produce documents which represent the foundation for the City of Milton.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
Alternatives:
None identified.
Concurrent Review:
Carol R. Wolfe, CGFM, SPHR, City Treasurer
FINANCIAL MANAGEMENT PROGRAM
ACCOUNTING, AUDITING AND
FINANCIAL REPORTING
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
on _______________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 4
SECTION I. ACCOUNTING
The City shall maintain a system of financial monitoring, control, and reporting for all operations
and funds in order to provide an effective means of ensuring that financial integrity is not
compromised. In addition, such practices shall provide City officials with the necessary resources
in order to make sound financial decisions.
A. SCOPE
This policy applies to all accounting records that are the responsibility and under the
management of the City’s City Treasurer’s Office.
B. GENERALLY ACCEPTED ACCOUNTING PRINCIPLES (GAAP)
The City will establish and maintain a high standard of accounting practices. Accounting
standards will conform to generally accepted accounting principles of the United States as
promulgated by the Governmental Accounting Standards Board (GASB). The City also will
follow the Financial Accounting Standards Board’s pronouncements, as applicable.
C. FUND STRUCTURE
The City will maintain the minimum number of funds consistent with legal compliance and
sound financial administration. The City will adhere to the mandatory fund structure included
in the Georgia Department of Community Affairs’ (DCA) chart of accounts (see below).
Funds shall be classified in conformity with GAAP. Further, all funds shall be reported within
the annual financial statements.
D. CHART OF ACCOUNTS
The Georgia General Assembly passed the Local Government Uniform Chart of Accounts and
Reporting Act in 1997 (House Bill 491). This law requires the DCA to prepare and issue a
standardized chart of accounts for Georgia governments. It shall be the policy of the City to
implement and utilize the account classifications as the chart of accounts prescribes.
SECTION II. AUDITING
Georgia Law on Local Government Audits, O.C.G.A. Section 36-81-7, requires an independent
annual audit for the City. The annual independent audit shall be conducted in accordance with
generally accepted auditing standards (GAAS) and generally accepted governmental auditing
standards (GAGAS). In addition, the City shall comply with the requirements of the General
Accounting Office (GAO) and the Office of Management and Budget (OMB) when audits are
conducted relating to federal funding, consistent with the 1996 (and any future) amendments to
the Single Audit Act.
A. SCOPE
This policy applies to all funds that are the responsibility and under the management of the
City of Milton.
City of Milton Financial Management Program
Page 3 of 4
B. AUDITOR QUALIFICATIONS
A properly licensed Georgia independent public accounting firm shall conduct the audit.
C. CHOSING THE AUDIT FIRM
Every three to five years, the City will issue a request for proposal to choose an audit firm for
a period of three years with two one year renewal options. The City will request two
proposals from qualified public accounting firms. One proposal shall contain the firm's costs
and a second will contain the firm's qualifications. When awarding the contract for the
independent audit, not less than 70% of the decision will be based upon technical
qualifications rather than cost.
C. AUDITING AGREEMENT
The agreement between the independent auditor and the City shall be in the form of a
written contract or an engagement letter. The contract or engagement letter shall include
the request for proposal as an appendix to the written document and all issues addressed in
the request for proposal shall be required as part of the contract or engagement letter.
D. INTERNAL AUDIT
The City shall develop, and once developed, maintain a strong internal audit function,
whereby applying financial practices and policies to transactions. The City shall develop
accounting practices and procedures, which will be documented for use in internal control
evaluation.
E. MALFEASANCE AND EMBEZZLEMENT
Any employee will be prosecuted to the extent of the law in any instance where the
employee is proven to have committed an illegal act such as theft.
SECTION III. FINANCIAL REPORTING
The City shall develop and maintain an ongoing system of financial reporting to meet the
information needs of the government, authorities, and regulatory agencies. In addition, the City
Manager, Mayor, Council, Department Heads and the public shall have access to reports to allow
them to monitor, regulate, and to use as a basis for future financial decisions.
A. COMPREHENSIVE ANNUAL FINANCIAL REPORT
In conjunction with the annual independent audit, the City shall prepare and publish a
Comprehensive Annual Financial Report (CAFR). The City shall prepare the CAFR in
conformity with GAAP and the Government Finance Officers Association’s (GFOA) program
requirements. Annually, the City will submit its CAFR to the GFOA to determine its eligibility
to receive the GFOA’s “Certificate of Achievement for Excellence in Financial Reporting.” The
City shall make this report available to the elected officials, bond rating agencies, creditors
and citizens.
City of Milton Financial Management Program
Page 4 of 4
All financial statements and schedules contained within the CAFR shall be audited, with the
purpose to effectively communicate the complete financial affairs of the City to all interested
readers.
B. ANNUAL BUDGET DOCUMENT
The City shall prepare and publish an annual budget document in accordance with the
policies contained within this document. This budget shall measure the annual funding and
forecast the financial position of the City for the two subsequent fiscal years. This document
shall be prepared in conformity to the GFOA program requirements. Annually, the City will
submit the budget to the GFOA to determine its eligibility to receive the GFOA’s
“Distinguished Budget Presentation Award.” The City shall make the report available to
elected officials, citizens, and any interested parties.
C. ANNUAL CITIZEN’S REPORT
In order to provide citizens with financial information that is easily disseminated, the City
shall coordinate the publication of an annual report to the citizen’s (e.g., a popular report)
which includes financial details. The citizen’s report shall be in addition to the CAFR. This
report shall be in conformance with GAAP, and follow the recommendations of the GFOA’s
“Popular Annual Financial Report” (PAFR) program guidelines. The City shall submit the
Annual Citizen’s Report to the PAFR program to determine it eligibility to receive the award.
D. FINANCIAL REPORTING TO THE CITY COUNCIL
On a monthly basis, the City Treasure’s Office shall prepare and present a summarized
“Statement of Revenues and Expenditures” to the City Council for all of the City’s operating
funds. The City also shall prepare a “Capital Project” report outlining appropriations (if any),
expenses, outstanding encumbrances, and available appropriable balances.
E. FINANCIAL REPORTING TO THE ADMINISTRATION
In addition to the external reporting detailed above, the City Treasurer’s Office shall
coordinate the reporting needs of each department in order to design and implement those
reports which the departments need to make sound business decisions. At a minimum,
departments will receive reports detailing monthly department financial activity including
revenues, expenses, any personnel costs in excess of the approved budget, and
recommended budget line-item re-allocations.
G. EXTERNAL FINANCIAL REPORTING
The City shall report in conformity with O.C.G.A Section 36-81-7. A copy of the City’s annual
audit (i.e., the CAFR) shall be submitted to the Georgia Department of Audits and Accounts
within 180 days of year-end, as required. Additionally, all external reports as required by the
regulatory agencies shall be completed and filed as prescribed by state and federal law.
FINANCIAL MANAGEMENT PROGRAM
BUDGETARY POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
on _______________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 7
SECTION I. GENERAL BUDGET POLICIES
The budget process provides the primary mechanism by which key decisions are made regarding
the levels and types of services to be provided within estimated resources. Budget policy guides
this process. Budget policy also directs the City’s financial health and stability.
Georgia law (e.g., O.C.G.A. 36-81-2 et seq.) provides the budget requirements for Georgia local
governments. The information below provides an outline of the City’s application of those laws.
The City’s goal will be to adopt operating budgets where current revenues equal anticipated
expenditures once operating reserves are met. All departments supported by the resources of
this City must function within the limits of the financial resources identified or available specifically
to them. A balance must be struck between revenues and expenditures, so that the public can
realize the benefits of a strong and stable government. It is important to understand that this
policy is applied to budget entities over periods of time which extend beyond current
appropriations. By law, budgets cannot exceed available resources, defined as revenues
generated in the current period added to balances carried forward from prior years. Temporary
shortages, or operating deficits can and do occur, but they are not tolerated as extended trends.
A. SCOPE
This policy applies to all budgeted funds, which are the responsibility, and under the
management of the City of Milton.
B. FINANCING CURRENT COSTS
Current costs shall be financed with current revenues, including the use of authorized fund
balances. The City is prohibited from balancing current expenditures through the obligation
of future year’s resources. The City shall strive to avoid short-term borrowing to meet cash
flow requirements. However, the City may enter into short-term borrowing should a critical
need arise.
C. BUDGET OBJECTIVE BY TYPE OF FUND
The following budget objectives are established for the different funds the City uses:
1. General Fund – The annual budget for the General Fund shall provide for
general government operations of the City and maintain working capital
necessary for the City’s financial health and stability.
2. Special Revenue Fund(s) – The City adopts annual budgets for each special
revenue fund that demonstrates any legally restricted revenue sources are used
consistent with the applicable laws and/or regulations (i.e. Emergency 911 Fund,
Impact Fee Fund, etc.).
3. Capital Project Fund(s) – The City adopts project budgets for each of its capital
project funds. These adopted appropriations do not lapse at the end of a fiscal
year; rather they remain in effect until project completion or re-appropriation by
City Council.
4. Debt Service Fund(s) – The City adopts annual budgets for its debt service
funds as applicable. Any remaining fund balances from prior years plus current
years projected revenues shall be sufficient to meet all annual debt service
requirements.
City of Milton Financial Management Program
Page 3 of 7
5. Enterprise Fund(s) - Although generally accepted accounting principles (GAAP)
and Georgia statutes do not require the City to adopt budgets for enterprise
funds, the City shall adopt budgets for its enterprise funds in order to monitor
revenues and control expenses. The City uses a business approach when
budgeting enterprise funds. Enterprise funds shall be self-supporting whenever
possible and subsidized losses will be minimized when break-even is not
possible. See revenue policies.
Additionally, the City classifies funds as either operating funds or non-operating funds.
Operating funds are those funds that include appropriations for the payment of
salary/benefits and whose maintenance & operating appropriations are necessary to
continue the daily operations of the City. The General Fund will always be an operating
fund. Non-operating funds are those funds that do not include appropriations for the
payment of salary/benefits and whose maintenance & operating appropriations are not
critical to the daily operations of the City.
SECTION II. OPERATING BUDGET
The operating budget shall be prepared on an annual basis and include those funds detailed in
Section I that are subject to annual appropriation (all funds excluding the Capital Project Funds).
Prior year budget appropriations and prior year actual data will be provided as reference data,
with the current year appropriation and projection of expenditures. At a minimum, the City shall
adopt annual balanced budgets for the general fund, each special revenue fund, and each debt
service fund in accordance with O.C.G.A. 36-81-3.
The annual proposed budget should be submitted to the governing authority in accordance with
the City of Milton’s Charter while being held by the City Manager’s Office for public
review/inspection in accordance with O.C.G.A. 36-81-3. Public meetings will be conducted after
proper advertisement prior to the City Council adopting and approving the annual budget
document. (O.C.G.A. 36-81-5 and 36-81-6).
A. DEPARTMENTAL APPROPRIATIONS
The budget shall be developed based upon “line-item” expenditures within each department.
This type of budget focuses on categories of expenditures such as personal services,
contractual services, supplies, equipment, etc. within each department. At a minimum, each
department’s appropriation in each fund shall be detailed within the budget document.
(O.C.G.A. 36-81-3 and 36-81-5).
B. PERFORMANCE BUDGET
In addition to requesting expenditures by line item, the budget document shall include
“performance” budget information. A performance budget provides information on each of
the departments’ core deliverables as they relate to services received by the constituents of
the City. A performance budget also utilizes “Service Efforts and Accomplishments” which
measure performance of services rendered and department efficiency/effectiveness on a
historical basis and project targets of the indicators for the upcoming budget year. The City
shall strive to maximize services delivered through innovation, efficiency, effectiveness, and
industry best practices and reduce, where possible, expenses which do not contribute to the
core deliverables, goals, and objectives of the department, organization, Mayor, and City
Council.
City of Milton Financial Management Program
Page 4 of 7
C. BUDGET PREPARATION CATEGORIES
Each department shall submit budget requests separately for:
Status quo services - A current services budget is defined as that level of funding
which is necessary to provide the same level of service for the upcoming year
that is currently being provided. The current services budget will include
replacement of capital equipment and maintenance of existing systems.
Enhanced services - An enhanced services budget includes funding requests
associated with new services or improved services including additional personnel
or new capital projects/equipment which directly correspond to a core service
delivered to constituents identified as a goal of the department, City Manager,
Mayor, or City Council.
D. BALANCED BUDGET
The budget shall be balanced for each budgeted fund. Total anticipated revenues plus that
portion of fund balance in excess of authorized reserves (see operating budget policy H
below) that is designated as a budget-funding source shall equal total estimated expenditures
for each fund.
E. BASIS OF BUDGETING
Neither GAAP nor Georgia statutes address a required budgetary basis of budgeting;
however, the City shall adopt budgets in conformity with GAAP for all budgeted funds. All
governmental funds shall use the modified accrual basis of accounting and proprietary funds
shall use the accrual basis of accounting for budgeting purposes.
F. LEVEL OF BUDGET ADOPTION AND CONTROL
All budgets shall be adopted at the legal level of budgetary control, which is the department
level within each individual fund. See section K below for amending the budget.
G. BUDGET STABLIZATION RESOURCES
The City shall establish a fund balance reserve in all operating funds (defined in Section I of
this policy) for working capital. The purpose of working capital is to cover the cost of
expenditures caused by unforeseen emergencies, cover shortfalls caused by revenue
declines, and to eliminate any short-term borrowing for cash flow purposes. This reserve
shall accumulate and then be maintained at an amount, which represents no less than two
(2) months of operating and debt expenditures (approximately 16% of budgeted
expenditures).
Upon incorporation of the City, no reserve exists. The City shall establish the 16% reserve
requirement referenced above over a minimum three year period and maximum five year
period. Such reserve shall be discussed during the annual financial planning process so that
a clear understanding is maintained by the Mayor and City Council of the City’s progress in
meeting the reserve requirements.
H. UTILIZATION OF PRIOR YEAR’S FUND BALANCE IN BUDGET
If necessary, the City may use fund balance in excess of the reserve for working capital (see
budget policy G above) as a funding source for that fund’s budget in any given year. The
City of Milton Financial Management Program
Page 5 of 7
amount of unreserved fund balance shall be estimated conservatively, taking into
consideration future year needs. The minimum requirement for the reserve for working
capital, equal to two (2) months of operating and debt expenditures, must first be met before
utilizing the excess fund balance as a funding source for the budget. The utilization of fund
balance shall be deemed a use of one-time revenues for budgeting purposes
I. APPROPRIATION LAPSES AT YEAR END
All operating budget appropriations (including encumbered appropriations) shall lapse at the
end of a fiscal year. Purchases encumbered in the current year, but not received until the
following year, must be charged against a department’s subsequent year appropriation.
J. BUDGET CONTROL REPORTS
The City shall maintain a system of budgetary control reports to assure adherence to the
budget. The City will prepare and distribute to departments, timely monthly financial reports
comparing actual revenues, and outstanding encumbrances and expenditures with budgeted
amounts.
K. AUTHORIZATION OF BUDGET ADJUSTMENTS AND AMENDMENTS
The budget is a dynamic rather than static plan, which requires adjustments and formal
budget amendments as circumstances change. The Mayor and City Council must approve
all increases in total departmental appropriations in accordance with O.C.G.A. 36-81-3 et
seq.
Department Heads may submit budget amendment requests transferring appropriations from
one line item to another within the specific department appropriation and the fund, other than
those prohibited above, and obtain approval by the City Manager. Adjustments from
appropriations that have been obligated, committed, or reserved for a designated purpose
shall not be transferred until a formal de-obligation occurs.
L. CONTINGENCY LINE-ITEM
The City shall establish an appropriated contingency of one percent of the total annual
expenditure appropriation in all operating funds (defined in Section I of this policy) in order to
accommodate unexpected operational changes, legislative impacts, or other economic
events affecting the City's operations which could not have been reasonably anticipated at
the time the budget was prepared. Non-operating funds (defined in Section I of this policy)
shall not require a contingency reserve appropriation.
This contingency reserve appropriation will be a separate line item within the budget. This
amount shall be subject to annual appropriation. The approval of the City Manager is required
before this appropriation can be expended. If approved, the appropriation from the
contingency line item to the applicable line item(s) with the applicable department’s budget
will occur.
M. MAINTENANCE AND REPLACEMENT OF CAPITAL EQUIPMENT
The Mayor and City Council will give budget priority to requests that provide for adequate
maintenance of capital equipment and facilities and for their orderly replacement.
City of Milton Financial Management Program
Page 6 of 7
N. CONTRIBUTIONS
Outside contributions to programs operated by City departments shall be subject to the City’s
accounting and budgetary policies. The City welcomes both unrestricted and restricted
contributions compatible with the City’s programs and objectives. Any material contribution
shall be approved and accepted by the Mayor and City Council prior to expenditure. Material
contributions shall be defined as one-time contributions exceeding one percent of the
department’s annual maintenance and operating expenditure appropriation or $25,000,
whichever is less.
O. ADMINISTRATIVE SERVICE FEE/COST ALLOCATION
Whenever possible, the City may assess an administrative service fee from the General Fund
to any other fund, based upon documentation and/or an outside independent study. This
assessment will be based upon a percentage of the operating revenues, or services provided
to the fund and shall be used to reimburse the General Fund for the administrative and
support services provided to the assessed fund.
P. ONE-TIME REVENUE SOURCES
Non-recurring revenues shall be utilized within the appropriate fund for items relating to non-
recurring expenses. The purpose of limiting these funding sources is to eliminate the
fluctuations in funding operations with non-sustainable resources. One-time revenues shall
be distinguished during the budget process and budget presentation so that a match can be
made with non-recurring expenditures.
SECTION III. CASH FLOW BUDGET
For analysis and internal management purposes, the City shall prepare an annual cash flow
budget in conjunction with the Operating Budget. The purpose of this document will be to
provide the necessary guidelines to insure that cash will be available to pay budget costs on
a timely basis.
A. BUDGET ALLOTMENTS
Budget allocations (i.e., budget allotments) are used in the operating budget, when needed to
manage cash flows. The annual appropriation may be divided into segments in order to
insure that the projected revenue streams will be adequate to fund the appropriated
expenditures. The cash flow budget will provide details as to the periods in which the
revenues will be collected, and thereby providing for available resources to pay obligations.
SECTION IV. CAPITAL PROJECT IMPROVEMENT PLAN
The City will prepare a five-year capital project improvement plan (CIP) which will be updated
annually. This plan will assist in the planning, acquisition, and financing of capital projects. A
major capital project generally is defined as an expenditure that has an expected useful life of
more than 3 years with an estimated total cost of $50,000 or more, or an improvement/addition to
an existing capital asset. Examples include building/infrastructure construction, park
improvements, streetscapes, computer systems, land acquisitions, heavy duty trucks.
City of Milton Financial Management Program
Page 7 of 7
Major capital projects will be budgeted in the Capital Improvement Fund consistent with all
available resources. With the involvement of the responsible departments, the City Treasurer’s
Office will prepare the capital budget in conjunction with the operating budget.
A. PROJECT LENGTH BUDGET
The CIP budget shall be developed based upon defined projects approved by the Mayor and
City Council. Budget appropriation shall include the complete project costs with contingency
amounts as appropriate and if available. (O.C.G.A. 36-81-3)
B. BUDGET PREPARATION
Each department, in conjunction with the Mayor and City Council, will identify potential capital
projects throughout the year. All identified projects will be added to the CIP document,
regardless of available funding. These needed projects will provide a method of tracking and
planning for the future needs of the City. Every effort will be made to identify those projects
committed by the City Council through legislative action.
C. BUDGET CONTROL REPORTS
The City shall maintain a system of budgetary control reports to assure adherence to the
budget. The City will prepare and distribute to departments, timely monthly financial reports
comparing actual revenues, and outstanding encumbrances and expenditures with budgeted
amounts.
D. AUTHORIZATION OF BUDGET ADJUSTMENTS AND AMENDMENTS
The reallocation of budgetary appropriations for Capital Projects shall occur when the project
having available funds is substantially complete or the priority of the project has changed. All
obligations and encumbrances shall be covered prior to any transfer being completed.
Unused appropriations from existing projects can only be used for those projects deemed
necessary and acceptable recipients of appropriations during the annual budget process.
Projects receiving appropriations shall be the next in-line for funding, based upon the existing
project priority at the time the appropriation occurs. The City Manager shall review and
approve all requests for budget adjustments.
E. APPROPRIATIONS AT YEAR END
Capital project appropriations shall carry forward to the subsequent budget period an equal
amount of any encumbrances/purchase orders issued as of the close of the fiscal year plus
any unencumbered amount. Purchases encumbered in the current year, but not received
until the following year, must be charged against each department’s subsequent year carry-
over appropriation. Any remaining appropriation available by project at year-end must be re-
appropriated.
F. CONTINGENCY ACCOUNT
The City shall include an appropriated contingency of three percent of the total annual
expenditure appropriation in the Capital Project Fund in order to accommodate expenditures
that may not have been expected during the duration of a capital project. Expenditure of
contingency funds shall only be authorized in accordance with the Change Order Policy
outlined within the purchasing section of the Financial Management Program. All
contingency budgets shall be subject to annual appropriation.
FINANCIAL MANAGEMENT PROGRAM
CAPITAL ASSET
POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
on ________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 5
CAPITAL ASSETS
A. INTRODUCTION
The Capital Asset Policy is designed to provide a comprehensive description of the
capital asset and property systems of the City of Milton. The primary purpose of the
policies are to provide for consistent and uniform accounting of capital asset
transactions throughout the City; guidelines for physical control and accountability of
capital assets; and guidelines for disposal and depreciation of capital assets.
B. DEFINITIONS
Asset Acquisition: There are various methods by which the City acquires assets.
These methods include, but are not limited to: purchase, donation, lease/purchase,
trade-in, forfeiture, condemnation, internal/external construction, transfers from other
governments, or any other method which transfers title of any property to the City.
Leased Assets: The City capitalizes assets, acquired under capital lease,
provided they meet the capitalization threshold and a buy-out option is included
in the lease agreement. The capital lease must meet accounting standards for
capitalization purposes. For capital leases, where the title of the asset will
ultimately be transferred to the City, the asset will be capitalized at the net
present value of future minimum lease payments. The City does not capitalize
assets they acquired under operating leases.
Gifts/Donations: The City capitalizes all equipment acquired through
donations at fair market value on the date of the transaction, provided such gift or
donation meets the capitalization threshold of this policy. If the equipment is new
and the donor can furnish an invoice, the invoice would determine the fair market
value. If the equipment is used or no information is available regarding the cost
of new equipment on date of acquisition, an appraisal will be conducted to
establish the capitalization amount.
Property: Property is divided into several classes including:
Real property: Land and whatever is attached to the land that cannot be readily
removed, such as buildings and permanent improvements to the land.
Infrastructure is included within this classification.
Personal property: Property that is movable and further classified as tangible and
intangible.
Tangible personal property: Property that is moveable such as furniture,
machinery, automobiles, or works of art.
Intangible personal property: The right of ownership in property such as bonds,
notes, contracts, computer software, programs, and proprietary assets that are
created or purchased and owned by the City.
Capital Asset: Any real or personal property acquired by the City which has an
estimated useful life of three (3) or more years with an acquisition value of $10,000
or more. This includes land, improvements to land, easements, buildings, building
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improvements, vehicles, machinery, equipment, works of art and historical treasures,
infrastructure, and all other tangible or intangible assets that are used in the
operations of the government.
Asset Capitalization Amount: The City will capitalize purchased assets at
acquisition cost plus costs incurred in preparing the asset for use. The City will
recognize acquisition costs based on individual unit prices.
Generally Accepted Accounting Principles (GAAP) Reporting: All assets
capitalized under this policy shall be included in the financial statements issued by
the City and in the annual external audit.
Gifts/Donations: Gifts and donations are capitalized at fair market value on the
date donated, if the value of the asset meets the threshold levels.
B. CLASSIFICATION CATEGORIES
Land: The City will capitalize all costs incurred to acquire land (without regard to a
dollar threshold) and to place it in use. The acquisition costs of land should include:
(1) the purchase price; (2) ancillary charges; (3) the assumption of any liens or
mortgages on the property; and (4) improvements made to the land that are
permanent in nature. Examples of ancillary charges to be included in the
capitalization costs are: legal and title fees, closing costs, appraisal and negotiation
fees, surveying fees, site preparation fees, demolition costs, architect and accounting
fees, insurance premiums during construction phase, and transportation charges.
Improvements other than Buildings (IMP): The City classifies improvements
to land with limited lives, such as fences, parking lots, and walkways as land
improvements. These improvements will be depreciated over their estimated useful
lives.
Buildings (BLD): If the City purchases a building, the capitalized cost should
include the purchase price and other incidental expenses incurred at the time of
acquisition. If the building is constructed, the capitalized cost should include
material, labor, supervision, and overhead, or the contract price, including costs such
as: permits and licenses, architectural and engineering fess, insurance, title costs,
and interest incurred on tax exempt debt.
Building Improvements: The City capitalizes costs of improvements to a
building if the following criteria are met: (1) the expenditures increase the service
potential of the building and (2) the total improvement costs, including the
contract price, engineering, architectural, and attorney’s fees, etc., meet the
capitalization threshold of this policy.
Items considered as improvements include: ramps, fire escapes, truck doors
or other appurtenances; modifications to comply with fire, health, or safety
codes; conversion of unusable to useable floor space, upgrade of the space.
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Repairs to a building are not considered an improvement unless it extends
the useful life of the structure or increases the value of the structure (i.e., a
betterment). The City considers ordinary repairs as operating costs.
Construction in Progress (CIP): Construction in progress includes
accumulation of on-going project costs that increase the value or life of the asset.
Upon project completion, the construction account in progress will be closed out and
costs will be capitalized into the appropriate asset category (infrastructure, land
improvement, building).
Moveable Equipment (EQP): Expenditures for individual items or pieces of
equipment meeting the capitalization threshold shall be capitalized, consistent with
the designations of personal property, both tangible and intangible as outlined
above.
Infrastructure: Long-lived capital assets that normally are stationary in nature and
normally can be preserved for a significantly greater number of years than most
capital assets shall be capitalized based on the capitalization threshold requirement
of this policy. Examples of infrastructure include roads, bridges, drainage systems,
sidewalks, etc.
C. ANNUAL INVENTORY
Annually, an asset listing is sent to each department for their verification of the
existence of their department’s capital assets. The department should identify any
assets that their department has, which are not included on the asset listing. Also,
the department should identify any missing assets. Designated staff will investigate
any missing items with the assistance of the department. Significant unaccounted
for losses of assets will be brought to the attention of the City Manager for further
actions. The City Manager’s Office may make an annual physical inventory to verify
the accuracy of inventory records.
D. TRANSFER OR DISPOSAL OF ASSETS
All capital assets are the property of the City. They may not be donated, discarded
or transferred to another owner without direct authorization from the City Manager’s
Office. Departments should notify the City Manager’s Office of all surplus assets
ready for disposition.
The disposition of capital assets the City purchased with federal, state, or other grant
funds must follow Federal Guidelines. The guidelines of the specific grant, or
Federal general guidelines, will dictate the duration of time that the asset must
remain property of the City. The guidelines also will indicate the disposition of the
proceeds of from the sale of the asset.
In accordance with O.C.G.A. 36-37-6, all sales by the City of real property or
personal property with an assigned value of equal to or more than $500 must be
offered for purchase, either by sealed bids or by auction to the highest bidder.
Notice of the sale must be published once in the official newspaper of the City or in a
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newspaper of general circulation in the City. The legal notice must appear not less
than 15 days or more than 60 days prior to the date of the sale. The notice must
contain a brief description of the property and a legal description for real property. If
the sale is by sealed bid, the notice shall also contain an invitation for proposals and
shall state the conditions of the proposed sale, the address at which bids and other
materials may be obtained, and the date, time, and place for the bid opening. Bids
shall be opened in public at the time and place stated in the legal notice. The bids
shall be kept available for public inspection for 60 days. The City may reject any and
all bids or cancel a proposed sale.
If the sale is by auction, the notice shall also state the conditions of the sale and shall
state the date, time, and place of the proposed sale. As a condition of the sale, a
minimum amount may be established for the sale to occur.
The Mayor and City Council shall approve by resolution the sale of all real estate
prior to any staff action.
Property with an estimated value of less than $500.00 may be sold without regard to
the above provisions. Such sales may be made in the open market without
advertisement and without acceptance of bids. The City has the power to estimate
the value of the property being sold.
E. DEPRECIATION
The City records depreciation for its capital assets monthly. Depreciation is
calculated using the straight-line method with no estimated salvage values. For
purchased capital assets, the City uses the invoice date as the in service date.
F. ESTIMATED USEFUL LIFE
For purposes of depreciation, each asset is assigned an estimated useful life. Useful
lives are based upon the category of assets. The life of the asset begins when it is
put into service, which is recognized as the invoice date. The estimated lives shall
be based upon those recommended by the Governmental Accounting Standards
Board, the Government Finance Officers Association, and the City’s experience.
G. RESPONSIBILITY FOR CAPITAL ASSET AND PROPERTY
INVENTORY AND CONTROL
It is the responsibility of the City Manager’s Office to establish and maintain an
accurate accounting of capital assets, and to design and implement continually
improved operating procedures for activities required as a result of this policy. It
shall be the responsibility of all City departments to cooperate in the capitalization
process and to perform the annual inventory.
FINANCIAL MANAGEMENT PROGRAM
CASH AND INVESTMENT
MANAGEMENT POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance on
_______________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
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CASH AND INVESTMENT MANAGEMENT
The objective of the cash and investment management policy is to maximize interest earnings
within an environment that strongly emphasizes legal compliance and safety while providing cash
flow liquidity to meet the City’s financial obligations.
A. SCOPE
This investment policy applies to all cash and investments, both short and long-term,
which are the responsibility, and under the management of the City of Milton’s City
Manager’s Office.
B. POOLED CASH/INVESTMENT MANAGEMENT
Except for cash in certain restricted and specialized funds, the City will consolidate cash
balances from all funds to maximize investment earnings. Investment income will be
allocated to the various funds based upon their respective participation and in
accordance with generally accepted accounting principles.
C. GENERAL OBJECTIVES
The primary objectives of investment activities shall be as follows:
1. Safety
Safety of principal is the foremost objective of the investment program.
Investments shall be undertaken in a manner that seeks to ensure the
preservation of capital in the overall portfolio. The objective will be to
mitigate credit risk and interest rate risk.
i. Credit Risk
The City will minimize credit risk, the risk of loss due to the failure of
the security issuer or backer, by:
• Limiting investments to the safest types of securities
(primarily obligations of the U.S. government or obligations
explicitly guaranteed by the U.S. government or their
agencies)
• Requiring a credit rating of “A3” or better from Moody’s rating
agency and “A-“ from Standard & Poor’s.
• Pre-qualifying the financial institutions, brokers/dealers,
intermediaries, and advisers with which the City will do
business
• Diversifying the investment portfolio so that potential losses
on individual securities will be minimized.
ii. Custodial Risk
Custodial risk, that is the risk associated with uninsured deposits,
uninsured securities, or securities not registered in the City’s name
shall be minimized by,
• Collateralization in alignment with State of Georgia
legislation equal to 110% of the deposit held in the City’s
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name (see section F, Safekeeping and Custody, subsection
2, Collateralization);
• Securities shall be held in the City’s name.
iii. Interest Rate Risk
The City will minimize the risk that the market value of securities in
the portfolio will fall due to changes in general interest rates, by:
• Structuring the investment portfolio so that securities mature
to meet cash requirements for ongoing operations, thereby
avoiding the need to sell securities on the open market prior
to maturity
• Investing operating funds primarily in shorter-term securities,
money market mutual funds, or similar investment pools.
iv. Concentration Risk
The risk associated with a high concentration of government funds
which are not diversified shall be reduced by:
• Limiting investments to any one issuer to less than 5% of the
investment portfolio.
• Investments explicitly guaranteed by the U.S. government
and investments in mutual funds, external investment pools,
and other pooled investments are excluded from this
requirement.
v. Foreign Currency Risk
The City will negate all foreign currency risk through investment only
in instruments where exchange rates do not apply.
2. Liquidity
The investment portfolio shall remain sufficiently liquid to meet all operating
requirements that may be reasonably anticipated. This is accomplished by
structuring the portfolio so that securities mature concurrent with cash needs
to meet anticipated demands (static liquidity). Furthermore, since all possible
cash demands cannot be anticipated, the portfolio should consist of
securities with active secondary or resale markets (dynamic liquidity). A
portion of the portfolio also may be placed in instruments offering same-day
liquidity for short-term funds.
3. Yield
The investment portfolio shall be designed with the objective of attaining a
market rate of return throughout budgetary and economic cycles, taking into
account the investment risk constraints and liquidity needs. Return on
investment is of secondary importance compared to the safety and liquidity
objectives described above. The core investments are limited to relatively
low risk securities in anticipation of earning a fair return relative to the risk
being assumed. Securities shall not be sold prior to maturity with the
following exceptions:
• A security with declining credit may be sold early to minimize loss of
principal or to reduce any eminent risk as identified under Section 1,
“Safety” of this policy
• A security swap which improves the quality, yield, or target duration
in the portfolio
• Liquidity needs of the portfolio require that the security be sold.
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D. STANDARDS OF CARE
1. Prudence
The standard of prudence to be used by investment officials shall be the
“prudent person” standard and shall be applied in the context of managing an
overall portfolio. Investment officer(s) acting in according with written
procedures and this investment policy and exercising due diligence shall be
relieved of personal responsibility of an individual security’s credit risk or
market price changes, provided deviations from expectations are reported in
a timely fashion and the liquidity and the sale of securities are carried out in
accordance with the terms of this policy.
Investments shall be made with judgment and care, under circumstances
then prevailing, which persons of prudence, discretion and intelligence
exercise in the management of their own affairs, not for speculation, but for
investment, considering the probable safety of their capital as well as the
probably income to be derived.
2. Ethics and Conflicts of Interest
Officers and employees involved in the investment process shall refrain from
personal business activity that could conflict with the proper execution and
management of the investment program, or that could impair their ability to
make impartial decisions. Employees and investment officials shall disclose
any material interests in financial institutions which they conduct business.
They shall further disclose any personal financial/investment positions that
could be related to the performance of the investment portfolio. Employees
and offices shall refrain from undertaking personal investment transactions
with the same individual with whom business is conducted on behalf of the
City.
3. Delegation of Authority
Authority to manage the investment program is granted to the City Manager
or his/her delegate, referred to as the investment officer in this policy.
Responsibility for the operation of the investment program is hereby
delegated to the investment officer, who shall act in accordance with the
established written procedures and internal controls for the operation of the
investment program consistent with this investment policy. Procedures
should include references to: safekeeping, delivery vs. payment, investment
accounting, repurchase agreements, wire transfer agreements, and
collateral/depository agreements. No person may engage in an investment
transaction except as provided under the terms of this policy and the
procedures established by the investment officer. The investment officer
shall be responsible for all transactions undertaken and shall establish a
system of controls to regulate the activities of subordinate officials.
E. SAFEKEEPING AND CUSTODY
1. Authorized Financial Dealers and Institutions
A list will be maintained of financial institutions authorized to provide
investment services. In addition, a list also will be maintained of approved
security broker/dealers selected by creditworthiness (e.g., a minimum capital
requirement of $10,000,000 and at least five years of operation). These may
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include “primary” dealers or regional dealers that qualify under Securities and
Exchange Commission (SEC) Rule 15C3-1 (uniform net capital rule).
All financial institutions and broker/dealers who desire to become qualified for
investment transactions must supply the following as appropriate:
• Audited financial statements
• Proof of National Association of Securities Dealers (NASD)
certification
• Proof of state registration
• Completed broker/dealer questionnaire
• Certification of having read and understood and agreeing to comply
with the City’s investment policy.
An annual review of the financial condition and registration of qualified
financial institutions and broker/dealers will be conducted by the investment
officer.
From time to time, the investment officer may choose to invest in instruments
offered by minority and community financial institutions. In such situations,
all criteria identified above shall apply. All terms and relationships will be
fully disclosed prior to purchase and will be reported to the appropriate entity
on a consistent basis and in compliance state and local law. These types of
investment purchases should be approved by the Mayor and City Council in
advance of their purchase.
2. Internal Controls
The investment officer is responsible for establishing and maintaining an
internal control structure designed to ensure that the assets of the City are
protected from loss, theft, or misuse. The internal control structure shall be
designed to provide reasonable assurance that these objectives are met.
The concept of reasonable assurance recognizes that (1) the cost of a
control should not exceed the benefits likely to be derived and (2) the
valuation of costs and benefits requires estimates and judgments by
management.
Accordingly, the investment officer shall establish a process for an annual
independent review by an external auditor to assure compliance with
regulatory policies and procedures including Generally Accepted
Governmental Auditing Standards.
3. Delivery vs. Payment
All trades where applicable will be executed by delivery vs. payment (DVP) to
ensure that securities are deposited in an eligible financial institution prior to
the release of funds. Securities will be held by a third-party custodian in the
City’s name, as evidenced by safekeeping receipts.
F. SAFEKEEPING AND CUSTODY
1. Investment Types
Investments (other than bond proceeds) shall be made in instruments permitted
by the State of Georgia for local governments, regulated under Georgia Code,
O.C.G.A. 36-83-4. Such instruments include:
• Obligations issued by the U.S. government,
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• Obligations fully insured or guaranteed by the U.S. government or by a
government agency of the United States,
• Obligations of any corporation of the U.S. government;
• Prime bankers’ acceptances,
• The Georgia local government investment pool (i.e., Georgia Fund I)
• Repurchase agreements, and
• Obligations of other political subdivisions of the state
In accordance with O.C.G.A. 36-82-7, investments made with unexpended bond
proceeds shall be limited to:
• Bonds or obligations of the governmental entities and/or political
subdivisions of the state,
• Bonds or obligations of the U.S. government which are fully guaranteed,
• Obligations of agencies of the U.S. government, bonds or other
obligations of public housing agencies or municipal corporations in the
United States,
• Certificates of deposit of national or state banks insured by the Federal
Deposit Insurance Corporation;
• Certificates of deposit of Federal Saving and Loan Associations; and
• The Georgia local government investment pool (Georgia Fund I)
2. Collateralization
City shall require pledges of collateral from the depository institution covering
at least 110% of the cash/investment. This requirement is in accordance
with O.C.G.A. 36-83-5; 45-8-12; 50-17-59; and 45-8-13. Deposit-type
securities (i.e., certificates of deposit) shall be collateralized at 110% of the
face value.
Other investments shall be collateralized by the actual security held in
safekeeping by the primary agent.
3. Repurchase Agreements/Derivatives
Repurchase agreements shall be consistent with GFOA Recommended
Practices on Repurchase Agreements. Investments in derivatives of the
above instruments shall require authorization by the Mayor and City Council
and be consistent with GFOA Recommended Practices on the “Use of
Derivatives by State and Local Governments”.
G. USING GEORGIA FUND I
The City will utilize the State of Georgia local government investment pool (i.e., Georgia
Fund I) anytime this investment tool is deemed to be in the best interest of the City.
Criteria used to determine the use of this investment pool will be the same as any other
investment purchase.
H. INVESTMENT PARAMETERS
1. Diversification
The investments shall be diversified by:
• Limiting investments to avoid over concentration in securities from a
specific issuer or business sector (excluding U.S. Treasury
securities)
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• Limiting investment in securities that have higher credit risks
• Investing in securities with varying maturities, and
• Continuously investing a portion of the portfolio in readily available
funds such as a the Georgia Local Government Investment Pool,
money market funds or overnight repurchase agreements to ensure
that appropriate liquidity is maintained in order to meet ongoing
obligations.
2. Maximum Maturities
To the extent possible, the City shall attempt to match its investments with
anticipated cash flow requirements. Unless matched to a specific cash flow,
the City will not directly invest in securities maturing more than five (5) years
from the date of purchase. The City shall adopt weighted average maturity
limitations ranging from 90 days to 5 years, consistent with the investment
objectives.
Reserve funds and other funds with longer-term investment horizons may be
invested in securities exceeding five (5) years if the maturities of such
investments are made to coincide as nearly as practicable with the expected
use of funds. The intent to invest in securities with longer maturities shall be
disclosed in writing to the Mayor and City Council.
I. REPORTING
1. Methods
The investment officer shall prepare an investment report monthly which
shall be included in the Financial Update Report. Information provided will
include a management summary that provides an analysis of the status of
the current investment portfolio and transactions made over the last month.
This management summary will be prepared in a manner which will allow the
City to ascertain whether investment activities during the reporting period
have conformed to the investment policy. At a minimum, the report will
include the following:
• Listing of individual securities held at the end of the reporting period
with maturity dates
• Realized and unrealized gains or losses resulting from appreciation
or depreciation by listing the cost and market value of securities over
one-year duration that are not intended to be held until maturity
• Average weighted yield to maturity of portfolio on investments as
compared to applicable benchmarks
• Percentage of the total portfolio which each type of investment
represents.
2. Performance Standards
The investment portfolio will be managed in accordance with the parameters
specified within this policy. The portfolio should obtain a market average rate
of return during a market/economic environment of stable interest rates. A
series of appropriate benchmarks shall be established against which the
portfolio performance shall be compared on a regular basis.
3. Marking to Market
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The market value of the portfolio shall be calculated at least monthly and a
statement of the market value of the portfolio shall be issued at least
monthly.
Governmental Accounting Standards Board References:
Statement No. 3, Deposits with Financial Institutions, Investments, and Reverse
Repurchase Agreements
Statement No. 28, Accounting and Financial Reporting for Securities Lending
Transactions
Statement No. 31, Accounting and Financial Reporting for Certain Investments and for
External Investment Pools
Statement No. 40, Deposit and Investment Risk Disclosures
FINANCIAL MANAGEMENT PROGRAM
DEBT
MANAGEMENT POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
On _________________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 4
DEBT ISSUANCE AND MANAGEMENT
The goal of the City’s debt policy is to maintain a sound fiscal position; thereby only utilizing long-
term debt to provide resources to finance needed capital improvements, while accumulating
adequate resources to repay the debt. In addition, it is the City’s goal to maintain and improve its
credit rating through strong financial administration. The City acknowledges that failure to meet
the demands of growth may inhibit its continued economic viability, but also realizes that excess
outstanding debt may have detrimental effects on the ability of the City to meet its continuing
operational needs.
Issuing debt commits the City’s revenues several years into the future, and may limit it’s flexibility
to respond to changing service priorities, revenue inflows, or cost structures. Adherence to this
debt policy helps ensure that the City issues and manages its debt prudently in order to maintain
a sound financial position and protect its credit rating.
Credit ratings are the rating agencies’ assessment of the City’s ability and willingness to repay
debt on a timely basis. Credit ratings are an important indicator in the credit markets and can
influence interest rates a borrower must pay. Each of the rating agencies believes that debt
management is a positive factor in evaluating issuers and assigning credit ratings. Therefore,
implementing debt management practices will be viewed positively by the rating agencies and
could influence the City’s credit rating and ultimately lower borrowing costs.
A. CONDITIONS FOR ISSUING LONG-TERM DEBT
Debt financing for capital improvements and equipment will be generally used when at
least one of the following conditions exist:
1. When one-time, non-continuous projects (those not requiring annual
appropriations) are desired;
2. When the City determines that future users will receive a benefit from the
capital improvement that the debt financed;
3. When the project is necessary to provide basic services to the City residents;
4. When total debt, including debt issued by overlapping governments (e.g., the
county), does not constitute an unreasonable burden to the taxpayers; and
5. Exhaustion of the use of all other possible revenue sources provides no
alternative funding for capital projects.
The City will limit its short-term borrowing to cover cash flow shortages through the
issuance of tax anticipation notes.
B. SOUND FINANCING OF DEBT
When the City utilizes debt financing, the following will occur to ensure that the debt is
soundly financed:
1. Analysis of the financial impact, both short-term and long-term, of issuing the
debt;
2. Conservatively projecting the revenue sources that the City will use to repay
the debt;
3. Insuring that the term of any long-term debt the City incurs shall not exceed
the expected useful life of the asset the debt financed;
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4. Maintaining a debt service coverage ratio (i.e., for revenue secured debt) that
ensures that the revenues pledged for the repayment of the outstanding debt
will be adequate to make the required debt service payments.
C. DEBT RETIREMENT
Generally, borrowings by the City should be of a duration that does not exceed the
economic life of the capital improvement that it finances and where feasible, should be
shorter than the projected economic life. To the extent possible, the City should design
the repayment of debt so as to recapture rapidly its credit capacity for future use.
D. DISCLOSURE
The City shall follow a policy of full disclosure in financial reporting and with the
preparation of a bond prospectus.
E. LEGAL COMPLIANCE
When issuing debt, the City shall comply with all legal and regulatory commission
requirements, including the continuing disclosure requirements. This compliance
includes adherence to local, state and federal legislation and bond covenants.
More specifically, the City Manager’s Office is responsible for maintaining a system of
record keeping and reporting to meet the arbitrage rebate compliance requirements of
the federal tax code. This effort includes tracking investment earnings on bond proceeds,
calculating rebate payments in compliance with tax law, and remitting any rebatable
earnings to the federal government in a timely manner in order to preserve the tax-
exempt status of the City’s outstanding debt issues. Additionally, general financial
reporting and certification requirements embodied in bond covenants are monitored to
ensure that all covenants are complied with.
The City will comply with Amended SEC Rule 15c2-12 (the “Rule”) by providing
secondary market disclosure for all long-term debt obligations, which are subject to the
Rule. As required, the City will submit annual financial information to all nationally
recognized municipal securities repositories.
F. CREDIT RATINGS
The City Manager’s Office is responsible for maintaining relationships with the rating
agencies that assign ratings to the City’s various debt obligations. This effort includes
providing periodic updates on the City’s general financial condition along with
coordinating meetings and presentations in conjunction with a new debt issuance.
G. OTHER POLICIES
All bond issue requests shall be coordinated by the City Manager’s Office. Requests for
new bonds must be identified during the Capital Improvement Program (CIP) process.
Opportunities for refunding outstanding bonds shall be communicated by the City
Treasurer’s Office.
Annual budget appropriations shall include debt service payments (interest and principal)
and reserve requirements for all debt currently outstanding.
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Long-term borrowing shall be incorporated into the City's capital improvement plan (see
above).
FINANCIAL MANAGEMENT PROGRAM
ELECTED OFFICIALS
EXPENDITURE POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
On ____________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 2
EXPENDITURE POLICIES
This section provides guidance on providing reimbursement/allowances on authorized
expenditures for the Mayor and City Council. This section shall cover those costs incurred for
conducting official business relating to elected positions.
A. APPROPRIATION
In conjunction with the annual budget process, the City Council shall authorize
appropriations consistent with the annual adopted operating budgets.
B. EXPENDITURE REIMBURSEMENT
Operating expenditures relating to elected officials shall be reimbursed using a direct
reimbursement for expenses incurred on behalf of the City in official capacity as an
elected official.
The direct reimbursement based expenditures shall require receipts. As defined by the
Internal Revenue Service, this type of transaction will be on an accountable
reimbursement plan, which will not be taxed by the City. The primary means for paying
for items under this method will be through the submission of receipts by elected officials
to the City, thereby providing justification for the subsequent reimbursement.
C. QUALIFIED EXPENDITURES
All operating expenditures incurred by the official relating to the conducting of official
business on behalf of the elected position shall qualify for reimbursement. Those
expenditures relating to travel shall be covered in a separate policy using separately
appropriated funds.
Types of qualified expenditures for the direct receipt reimbursement basis include:
General Office Supplies
Customary Mileage
Business Meals
Professional Memberships
Educational Materials
Copying/Printing
Cellular charges
This list is non-inclusive and provided as an example of types of qualified expenses.
FINANCIAL MANAGEMENT PROGRAM
EXPENDITURE POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
on ____________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 2
EXPENDITURE POLICIES
This section provides guidance on authorized expenditures for all departments under the
authority of the City Manager, Mayor and City Council. This section shall cover those costs
incurred for normal business operations, including those associated with salaries and benefits.
Operating guidelines and procedures for procuring goods and services shall be issued under a
separate cover.
A. APPROPRIATION
In conjunction with the annual budget process, the City Council shall authorize
departments appropriations consistent with the annual adopted operating and capital
budgets. Departments shall not incur expenditures unless an appropriation is available.
B. EXPENDITURE APPROVAL
All expenditures relating to City operations shall be processed consistent with
procurement/purchasing guidelines. Once the City Treasurer’s Office receives the proper
documentation from the incurring departments, the execution of payment shall occur.
The City Treasurer’s Office shall only process transactions for payment based upon the
proper approval for the dollar amount of the expenditure, including adequate
documentation, received either electronically or in writing.
C. SETTLEMENT OF DISPUTE
The City Treasurer’s Office shall review expenditure documents for compliance and
appropriateness with all City policies and procedures. Expenditure documents that are
not in compliance with these policies and procedures shall be returned to the originating
department with recommendations for changes (e.g., travel issues, cellular phone use).
In the event the department does not agree with the recommendations, the City Manager
shall make the final decision.
D. ELECTED OFFICIALS ALLOCATION
During the annual budget process, an appropriation will be allocated to each elected
official to be used at his/her discretion for the benefit of the City (e.g., travel costs
incurred at the annual GMA conference). The amount appropriated will be dependent
upon the approval during the budget process.
FINANCIAL MANAGEMENT PROGRAM
GRANT
MANAGEMENT POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
on ____________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 2
GRANT MANAGEMENT
This policy provides direction in the application, acceptance and administration of funds awarded
through grants to the City from other local governments, the state or federal government, non-
profit agencies, philanthropic organizations and the private sector.
A. GRANT APPLICATIONS
The City Manager’s Office is responsible for the submission of all grant applications on
behalf of the City of Milton. Departments who wish to submit grant applications must
work in conjunction with the City Treasurer’s Office and City Manager’s Office. Once a
grant opportunity has been identified, the requesting department must notify the City
Treasurer’s Office of the application, the financial reporting requirements, and any
required matching funds or other City resources needed to meet the grant requirements.
Prior to the acceptance of the grant, the City Treasurer’s Office, in cooperation with the
submitting/receiving department shall complete an analysis of financial requirements to
ensure the City can meet the grant program’s financial requirements and the City can
fulfill the applicable obligations required by the grant. All grant revenues and
expenditures, including matching requirements, must be appropriated, either in the
current budget or included for appropriation in the subsequent budget. The Mayor and
City Council shall approve grant applications and submissions by adopting an official
resolution, certified by the City Clerk that will allow both the submission of the grant
application and the acceptance of the grant award.
B. GRANT ADMINISTRATION
The City Treasurer’s Office is responsible for coordinating and insuring the financial
reporting and accountability requirements of each grant the City accepts. The City
Treasurer’s Office and receiving departments are responsible for adhering to the grant
program requirements and tracking all applicable expenditures for reporting purposes.
The City Treasurer’s Office is responsible for accounting for grant transactions according
to the Accounting, Auditing, and Financial Reporting Policy and in compliance with
Generally Accepted Accounting Principles (GAAP).
The City Treasurer’s Office is responsible for coordinating and maintaining the following
records for each grant award with the receiving department:
a. Copy of Grant Application
b. Resolutions authorizing application and acceptance
c. Notification of Grant Award
d. Financial reporting and accounting requirements
e. Schedule of funding needs
C. AUDITING
The City Treasurer’s Office shall comply with all local, state, and federal requirements
with respect to the auditing of information as they pertain to the acceptance of grant
funds. This includes the Single Audit Act with any future revisions or additional that may
be applicable to City grant projects.
FINANCIAL MANAGEMENT PROGRAM
POLICY ON CELL PHONES
AND OTHER ELECTRONIC DEVICES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance on
__________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 3
CELL PHONE POLICY
The objective of the Cell Phone and Other Electronic Devices Policy is to provide guidelines for
the use of electronic equipment, whether directly or indirectly paid for by the City, as the employer
of key staff who are in need of such electronic equipment; and to maximize flexibility and
availability of city personnel within the scope of the city’s Financial Management Program.
A. SCOPE
This policy applies to all devices referenced in section B, Definitions, below issued to
employees of the City of Milton. Cell phones and other electronic devices can be those
pieces of equipment issued directly by the City or by a third party provider or contractor.
Such devices shall be those issued to employees for business purposes.
B. DEFINITIONS
Cell phones and Other Electronic Devices are defined as devices which allow or facilitate
communication between two or more individuals in a wireless format, and include, but are
not limited to traditional cellular telephones, pagers, and Blackberry PDA’s.
C. GENERAL OBJECTIVES
The primary objectives of activities related to the Cell Phone and Other Electronic
Devices policy shall be as follows:
1. Safety
Electronic devices whether or not provided or reimbursed by the City, and
whether with or without hands-free equipment, should be used only when
conditions make it safe to use them. Employees should always use the
highest degree of care to insure safety for themselves and those around
them while using these devices.
2. Flexibility
Cell phones and Electronic Devices will be assigned to City of Milton
employees based on their role and need.
D. PLAN OPTIONS
The plan options available for City of Milton employees shall be as follows:
1. Allowance
City employees selecting this option will be paid a “stipend” to cover a portion or
all of the expenses of a cell phone or other electronic device. The City shall be
responsible for setting up the service and billing plan and for acquiring all
hardware and software associated with operating the device; however, the
account shall be billed to the employee on behalf of the employer. The employee
is responsible for paying the bill. All stipends will not be in excess of $100 per
month and will be shown as taxable income for the employee under a non-
accountable IRS plan. City employees selecting this option will be allowed to use
these devices for personal use.
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2. City provided
City employees selecting this option will not be provided a monthly bill or
statement detailing expenses for use of the device. All billings will be sent direct
to the City or their agent for payment. The City will contract for the cell phone
service and provide a cell phone to the employee to be used solely for business
purposes.
E. SAFEKEEPING AND CUSTODY
1. Internal Controls
City Operations is responsible for establishing Agreements with Cell Phone
providers. Each Department shall determine what functions in their
Departments require the use of a cell phone in order to perform their job in
the most efficient and effective manner. A request shall be made through the
IT Manager using the IT Procurement Form.
The Cell Phone Coordinator shall maintain a list of City employees that have
cell phones that includes the date the service was initiated, the date the
service was terminated, the serial number for the equipment, the Company
providing the service, the equipment purchase price, data setup fees, and
monthly service fees.
2. Replacement
The employee is responsible for the replacement or repair of damaged
phones. Employees may be allowed to purchase new equipment every 3
years and only if their existing equipment is no longer functional.
FINANCIAL MANAGEMENT PROGRAM
PURCHASING POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance on
______________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 16
PURCHASING POLICY
I. PURPOSE
The purpose of this policy is to state the City’s position regarding the purchasing responsibility and
authority. This document will clarify purchasing functions and outline purchasing procedures, as well as
describe departmental relationships, responsibilities and participation in the procurement cycle. In
addition, this policy will provide control functions, assure proper record keeping and confirm purchases in
writing.
The philosophy behind this policy is one of separating the need for an item or service from the function of
negotiation and executing the necessary contractual purchase agreement. The determination of the
need for an item or service is clearly the responsibility of the department which will ultimately use the
item or service.
II. SCOPE
The scope of this purchasing policy covers the procurement of ALL MATERIALS AND SERVICES
without regard to the past method by which the material or service has been or is customarily procured.
The policy covers all contractual and purchase agreements between the City of Milton and another
company or person. The procurement function includes the initial agreement/purchase, renewals,
changes and/or re-negotiations. This policy establishes the specific responsibility and authority of the
procurement of materials and services.
For clarification purposes, these purchasing policies are not required to be followed by organizations
providing services, directly or indirectly to the City through service orientation contract personnel. Those
contractual agreement of service oriented in nature were procured in conjunction with the creation of the
City. However, as part of the audit process, the organizations providing services, either directly or
indirectly to the City shall have their internal controls and accounting processes evaluated and a
measure of assurance given as a requirement of completion of the City’s annual audit.
III. DEFINITIONS
When used in this policy, the following words, terms, and phrases, and their derivations shall be the
meaning ascribed to them in this section, except where the context clearly indicates a different meaning,
A. CITY DIRECTOR OF FINANCE means the City Treasurer, his/her agent, or the Chair of the City
Treasurer’s Office, if such a department is created, or is in existence.
B. CONSTRUCTION means the process of building, altering, improving, or demolishing any public
structure or building, or other public improvements of any kind to any public real property. The term
“Construction” does not include the routine operation, repair and/or maintenance of existing
structures, buildings, or real property.
C. CONTRACT means any City agreement, regardless of form or title, for the procurement or
disposition of goods, commodities, and services.
D. EMPLOYEE means an individual drawing a salary or wage from the City whether on a full-time, part-
time basis or contractual third-party. The term shall encompass all members of the Governing
Authority without regard to how individual is compensated.
E. GIFTS or FAVORS means any thing or any service of value.
F. GOODS or COMMODITIES means supplies, apparatus, materials, equipment, and other forms of
tangible personal property.
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G. GOVERNING AUTHORITY means the City entity responsible for the contract.
H. ORDINANCE means Purchasing Ordinance.
I. PAYMENT TERMS: 2% Net 30
J. PURCHASING is the process of securing materials, services, repairs, leases, and rentals necessary
for the operation and support of the City. The renewal, renegotiations, and changes to contracts,
leases and agreements, are functions of purchasing.
K. PURCHASING AGENT means the principal purchasing official of the City.
L. THE USING DEPARTMENT/DIVISION (USER) is defined as the department which has the authority
and responsibility for determining the need for an item or service, its related specifications, and
need date. The USER is responsible for funding the need and advising PURCHASING of the
approved funding and the specific budget account number.
IV. ETHICS IN PROCUREMENT
Each person involved in the procurement process must adhere to a high standard of ethics. Actions such
as acceptance of gratuities and kickbacks are expressly prohibited. The Purchasing Division seeks to
avoid even the appearance or perception of impropriety. All employees are expected to conduct
themselves according to the highest level of standards. Unethical actions by employees or vendors will
not be tolerated. As a guideline, the National Institute of Governmental Purchasing (NIGP) Code of
Ethics is included by reference and made a part hereof. The following principles are to be maintained:
1. Consider the best interest of the City in all transactions;
2. Purchase without prejudice, seeking to obtain the maximum value for each dollar expenditure in
accordance with required quality standards;
3. Subscribe to and work for honesty and truth in purchasing and avoid all forms of conflict of interest;
4. Avoid all unethical practices and appearance of same; and
5. Strive consistently for knowledge of materials and supplies required for use by the City.
Employee Conflict of Interest
It shall be unethical for any City of Milton employee, official, contractor, or service provider to transact
any business or participate directly or indirectly in a procurement contract when the employee, official,
contractor, or service provider knows that:
(a) the employee or official or any member of the employee's or official's immediate family has a
substantial interest or financial interest pertaining to the procurement contract, except that the
purchase of goods and services from businesses which a member of the Council or other City of
Milton employee has a financial interest is authorized as per O.C.G.A. § 36-1-14, or the
procurement contract is awarded pursuant to O.C.G.A. § 45-10-22 and § 45-10-24, or the
transaction is excepted from said restrictions by O.C.G.A. § 45-10-25;
(b) any other person, business, or organization with whom the employee or official or any member
of an employee's or official's immediate family is negotiating or has an arrangement concerning
prospective employment is involved in the procurement contract.
(c) An employee or official or any member of an employee's or official's immediate family who holds
a substantial interest or financial interest in a disclosed blind trust shall not be deemed to have a
conflict of interest with regard to matters pertaining to that substantial interest or financial
interest.
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Gratuities, Rebates, or Kickbacks.
(a) Gratuities. It shall be unethical for any person to offer, give, or agree to give any City of Milton
employee or official, or for any City of Milton employee or official to solicit, demand, accept, or
agree to accept from another person, a gratuity of more than nominal value or rebate or an offer
of employment in connection with any decision, approval, disapproval, recommendation, or
preparation of any part of a program requirement or a purchase request, influencing the content
of any specification or procurement standard, rendering of advice, investigation, auditing, or in
any other advisory capacity in any proceeding or application, request for ruling, determination,
claim or controversy, or other particular matter, pertaining to any program requirement or a
contract or subcontract, or to any solicitation or proposal therefor.
(b) Kickbacks and rebates. It shall be unethical for any payment, gratuity, or offer of employment to
be made by or on behalf of a subcontractor under a contract to the prime contractor or higher tier
subcontractor, or any person associated therewith, as an inducement for the award of a
subcontract or order.
(c) Contract clause. The prohibition against gratuities, rebates and kickbacks prescribed in this
Section shall be conspicuously set forth in every contract and solicitation therefor.
(d) Courtesies. Employees may accept for themselves and members of their families common
courtesies usually associated with customary business practices so long as a strict standard is
enforced with respect to gifts, services, discounts, entertainment, or consideration of any kind
from suppliers of merchandise, services, supplies, etc. to City of Milton staff and officials.
(e) Cash. It is never permissible for a City of Milton official or employee to accept a gift in cash or
cash equivalent (e.g. stocks or other forms of marketable securities) of any amount.
Prohibition Against Contingent Fees
It shall be unethical for a person to be retained, or to retain a person, to solicit or secure a City of Milton
contract upon any agreement or understanding for a commission, percentage, brokerage, or contingent
fee, except for retention of bona fide employees or bona fide established commercial selling agencies for
the purpose of securing business.
Use of Confidential Information
It shall be unethical for any City of Milton employee or official knowingly to use confidential information
for actual or anticipated personal gain, or for the actual or anticipated personal gain of any other person.
Unauthorized Purchases
No purchases of materials, supplies, equipment and services shall be made in the name of City of Milton
or one of its departments, or through its purchasing department, except such as are required for official
use by City of Milton or one of its departments. Purchases in the name of City of Milton or a department
for personal use by an individual or for other than official use are prohibited, and no City of Milton funds
will be expended or advanced therefor.
Penalties and Sanctions
(a) Legal or disciplinary action by City Council. The City Council may take appropriate legal and/or
disciplinary actions against any City of Milton official, vendor, contractor, organization, or person
in violation of these ethical standards.
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(b) Legal or disciplinary action by City of Milton City Manager. The City of Milton City Manager may
take appropriate legal and/or disciplinary actions against any City of Milton employee subject to
the Manager’s supervision and control as defined in the City of Milton Code and Charter.
(c) Legal or disciplinary action by Elected/Constitutional Officers of City of Milton. The Constitutional
Officers and other Elected Officers of the City of Milton may take the appropriate legal and/or
disciplinary actions against any employee under their supervision.
(d) Administrative penalties for employees. The City of Milton City Manager or City Council may
impose any one or more of the following penalties or sanctions on a City of Milton employee for
violations of the ethical standards in this Section as appropriate to the situation, subject to the
Personnel Manual or other appropriate appeals procedures:
(1) oral or written warnings or reprimands;
(2) suspensions with or without pay for specified periods of time; or
(3) termination of employment.
(e) Administrative penalties for outside contractors/vendors. The City of Milton City Manager or City
Council may impose any one or more of the following penalties or sanctions on a
vendor/contractor or other person or organization for violations of these ethical standards:
(1) written warnings or reprimands;
(2) termination of contracts; or
(3) debarment or suspension as provided in the Purchasing Manual.
V. RESPONSIBILITIES
A. Purchasing Manager
The City Council hereby appoints the City Manager or his/her agent to serve as the Purchasing
Agent for the City, or the Council may contract with an independent third party to serve as the
Purchasing Agent.
DUTIES: The Purchasing Agent shall have the following duties and powers:
(i) Arrange and negotiate the purchase or contract for all equipment, supplies, and
contractual services for the City or any using agency; arrange and negotiate for the sale
or otherwise dispose of all surplus equipment and supplies or real estate of the City or
any using agency;
(ii) Maintain a perpetual or periodic inventory record of all materials, supplies, or equipment
stored in City storerooms, warehouses, and elsewhere, including monthly reports that
provide:
(a) the titles of all request for proposals and the method of source selections to be
used:
(b) all contracts authorized by the Council, the method of source selection used and
the total dollar amount;
(c) all emergency contracts awarded;
(d) all change orders or contract modifications authorized by the Council, the dollar
amount and the reason;
(e) all change orders or contract modifications authorized by the Purchasing Agent,
the dollar amount and the reason;
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(f) an explanation of any changes, and the costs involved, in the scope of services
made between the time a contract is awarded and the time that a resolution
authorizing the contract is sent to the Council for adoption.
(iii) Manage and supervise purchasing staff.
(iv) Develop and maintain a purchasing policy and procedure manual which will be updated
by the City Manager or their designee periodically.
(v) Direct efforts to procure services through advertisements of bids in the local legal organ
as required by City Ordinances and state law.
(vi) Require bonds, insurance, and other forms of protection for the City on the process of
procuring goods and services for the City.
(vii) Terminate solicitations for bids for any good(s) or service(s) when, in the opinion of the
Purchasing Agent, it is in the City’s best interest to do so. This includes termination or
breach of contract or anticipated breach of contract.
(viii) Reject any and all bids, when in the opinion of the Purchasing Agent it is in the City’s
best interest to do so.
(ix) Consult with the City Attorney if a contracting party breaches or is reasonably
anticipated to breach its contract with the City.
(x) Assist in negotiating City contracts, as directed by the City Manager. The City Manager
and/or Mayor shall approve final contracts and execute and bind the City to such
agreements.
(xi) Advise the City Manager on the status of negotiations, as well as contracts provisions
and their impacts on the City.
(xii) Make recommendations on contract approval, rejection, amendment, renewal, and
cancellation.
(xiii) Provide contract administration and supervision of contracts and agreements, as
directed by the City Manager. Such tasks shall include, but not be limited to, monitoring
contract amendments, obtaining applicable insurance certificates, and monitoring
applicable progress.
(xiv) Work with the City Manager to plan and implement processes for the ongoing protection
of the City’s interests.
(xv) Recommend and implement policies and procedures to provide for compliance with laws
related to bidding, contracting, and purchasing as set forth in the State of Georgia, by
examining the applicable laws and developing procedures for bidding, contracting, and
procurement processes.
(xvi) Assist and coordinate necessary grant applications and submissions as directed by the
City Manager.
B. Using Department/Division (USER)
1. Determine Need: The USER is responsible for determining the need for a material or service
and providing appropriate documentation, including a purchase requisition.
2. Determine Funding: The USER is responsible for providing proper funding. Specific budget
account numbers must be on the purchase requisition.
3. Determine Specifications: The USER is responsible for determining the quantity, quality,
dimensions, duration and all other necessary specifications essential to the determination of
what is to be procured. The specifications must, where applicable, conform to the approved City
standards for identity and continuity.
4. Purchase Requisition: It is imperative that the USER transmits its need to the Purchasing Office.
The Purchasing Office can only purchase supplies and services on the basis of an approved and
complete purchase requisition. A properly approved purchase requisition contains, as a
minimum, the following information:
a. Complete description and specifications;
b. Quantity;
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c. Need date (lead time of at least one week, must be allowed);
d. Estimated cost;
e. Freight;
f. Complete budget account number;
g. Previous purchase information or quotation (if known);
h. Known or suggested vendor(s);
i. Authorized approval of department head and division director;
j. Authorized approval from the Budget/Finance Department
5. Acceptance of Procured Item or Service: The USER is responsible for advising the Purchasing
Office within 24 hours after receipt or within 48 hours if the items or services are found to be
unsatisfactory. This is to be done in writing on a Receiving Report.
C. Purchasing Functions
1. Source Selection: Except as provided below, all vendor selections shall be made by the
Purchasing Office. When making the vendor selection the Purchasing Office will choose the
lowest, best, responsible, responsive vendor. It is recognized that exceptional requirements
may dictate that the USER is instrumental in selecting vendors. In such cases, it is necessary
that this need be transmitted to the Purchasing Office with sufficient documentation as to the
reason for the exception. This must be done in advance of any firm negotiations or commitment
with the vendor.
In determining where to purchase products and services based on competitive prices and costs
incurred in obtaining the purchase, the City shall purchase locally when all of these requirements
are equal.
The City shall not make purchases of products or services from City employees or Council
members or from businesses owned by members of these two groups unless specically
approved by the City Council. The City shall have the right to “piggy-back” from other
municipality’s contracts if the vendor will extend the same prices, terms, and conditions to the
City of Milton. This source seletion shall only be made available within the previous twelve (12)
month period and competition was sought.
2. Quotation/Bidding: All Quotations for materials or service must be requested through the
Purchasing Office. Price Quotations will be obtained in accordance with City Ordinances.
a. Verbal Quotes: Requisitions for items under $5,000 require at least three (3) documented
verbal quotes. The vendor name and quote must be written on the requisition, which is used
to generate the purchase order.
b. Written Quotes: Purchasing will receive at least three (3) written quotes on items
requisitioned that are valued over $5,000 to $50,000. These requests will always be made
in writing. The request for quotes can be made either verbally or in writing; the Purchasing
Agent will determine this.
c. Sealed Bids: The Purchasing Office will request sealed bids on items or projects
requisitioned that meet the following criteria:
• The items or projects are valued over $50,000.
• Clear and adequate specifications are available.
• Two or more responsible offerors are willing to participate in the process.
These requests are always made in writing. The vendor list is made up of companies from
the bid list and recommendations from the USER. The Bid List is a current file of requests
from companies for this purpose. Sealed bids will be publicly advertised for a minimum of
two (2) consecutive weeks in the City’s legal organ.
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Public Works Projects over $100,000 are required by Georgia State Law (HB1079) to have
Payment Bonds and Performance Bonds for 100% of the contract amount. When these bids
are requested the standard City documents with this information will be used. The City will
also require that a 5% Bid Bond be submitted with the bid. These projects will be advertised
in the legal organ of the City.
(1) Sealed Bidding Process and Award
(a) Receipt of Bids: No bid shall be eligible for consideration by the City unless it is
placed in a sealed envelope or package and actually received by the Purchasing
Office by the date and time specified in the bid request. The Purchasing Agent shall
cause all bids to be stamped with the date and time of receipt and secured until the
designated opening time. A bid delivered late shall under no circumstances be
eligible for consideration by the City, and shall be returned unopened to the bidder.
(b) Bid Openings: Bids shall be opened publicly in the presence of one or more
witnesses on the date and at the time and place designated in the Bid Letter. The
name of each Offerer, the purchase price contained in each bid, and such other
information as the Purchasing Agent deems appropriate shall be announced as the
bids are opened. A record of bid information shall be recorded and available for
public inspeciton.
(c) Modification of Bids: Any clerical mistake which is patently obvious on the face of
the bid may, subject to the limitations described below, be corrected upon written
request and verification submitted by the Offerer. A non-material omission in a bid
may be corrected if the Purchasing Agent determines the correction to be in the
City’s best interests. Omissions affecting or relating to price or insurance shall be
deemed material and shall not be corrected after the bid opening:
(d) Withdrawal of Bids: Bids may be withdrawn at any time prior to the bid opening.
After bids have been publicly opened, the bidder shall give notice in writing of
his/her claim of right to withdraw his bid within two business days after the
conclusion of the bid opening procedure. If a bid is withdrawn under the authority of
this provision, the lowest remaining responsive bid shall be deemed to be the low
bid.
(e) Bid Evaluation: Bids shall be evaluated based on the requirements set forth in the
Specifications. No criteria may be used in bid evaluation that is not specifically set
forth in the solicitation.
(f) Bid Cancellation: A Bid may be cancelled prior to opening date or any or all bids
may be rejected in whole or in part as may be specified in the solicitation, where it is
in the best interest of the City in accordance with regulations promulgated by the
Purchasing Office or, as a result of improper conduct on the part of a City employee.
The reasons for any cancellation shall be made part of the bid file.
(g) Modification of Specifications after Bid Opening: The City reserves the right to
negotiate with the lowest, responsive, and responsible bidder after the bids have
been opened and before an award is made in an effort to make sure that the
specifications and budget have been met. This will allow staff to add or delete parts
for equipment or value engineer a project in the City’s best interest. On construction
projects the negotiations will be conducted with the design firm and City Staff before
a recommendation is made for the award of the bid.
(h) Negotiation with Lowest Responsive and Responsible Bidder: Once a bid has been
opened and accepted, the City reserves the right to negotiate with the lowest
responsive and responsible bidder in an effort to ensure that the bid meets the
approved budget and specification.
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(i) Bid Award:
Responsive and Responsible Bidder(s): Subject to approval by the City Manager or
their designee and City Council, bids shall be awarded to the lowest, responsive and
responsible bidder(s).
Approval of Bids: All bid awards for amounts of $50,000 or greater shall be
approved or rejected by the City Council.
Rejections of Bids: The City reserves the right to reject any or all bids if it
determines such rejection to be in the best interest of the City.
Disqualification of Bids: The following types of bids shall be disqualified for
consideration for a bid award:
• A bid arrives after the set time for submittal
• A bid which is incomplete in any material aspect
• A bid submitted without required bonds or insurance
• A bid submitted by a company on the ineligible source list.
d. Request for Proposals: Purchasing will be responsible for sending Requests for Proposals
(RFP) when use of the sealed bid process is either not practicable or not advantageous to
the City. The following criteria will be used when determining when to use the RFP process:
• When the quality, availability or capability is overriding in relation to price in procurement
of technical supplies or services.
• When the initial installation needs to be evaluated together with subsequent
maintenance and service capabilities and what priorities should be given these
requirements in the City’s best interest.
• When the market place will respond better to a solicitation permitting not only a range of
alternate proposals, but evaluation and discussion of them before making the award.
RFP’s will generally be solicited on a project-by-project basis. Professional services may be
solicited in multi-year increments deemed beneficial to the City based upon the investment
of staff time and return on such investment through savings on existing prices for service.
The USER will submit the Scope of Services to Purchasing, who will then determine which
of the following processes to use:
• Purchasing will request Letters of Interest and Statements of Qualifications from
qualified firms. The responses will be reviewed by the USERS and the Purchasing
Agent and interviews will be conducted with the firms selected by them. The Price
Proposals will be requested from the most qualified firms.
• Purchasing will request Letters of Interest, Statement of Qualifications and Price
Proposals from qualified firms. The USERS and the Purchasing Agent will review the
information submitted and make a selection from this information. This process should
be used when the City is familiar with the firms.
• Purchasing will request Letters of Interest and Statement of Qualifications from qualified
firms and schedule a meeting with all the firms to discuss the project and answer
questions. Then the firms who have attended the meeting will submit Price Proposals.
The USERS and the Purchasing Agent will review all the information and make a
selection.
(1) Request for Proposal Receipt, Evaluation and Award
(a) Dissemination of Proposals: Proposals shall be disseminated through a Request for
Proposal.
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(b) Receipt of Proposals: No proposal shall be eligible for consideration by the City
unless it is placed in a sealed envelope or package and actually received by the
Purchasing Agent by the date and time specified in the RFP. The Purchasing Agent
shall cause all proposals to be stamped with the date and time of receipt and secured
until the designated opening time. A proposal delivered late shall under no
circumstances be eligible for consideration by the City and shall be returned unopened
to the bidder.
(c) Proposal Opening: Proposals shall be opened publicly in the presence of one or
more witnesses on the date and at the time and place designated in the RFP. The
name of each proposer shall be announced but no other information shall be disclosed
nor shall the proposals be considered an “open record” until a contract is awarded.
(d) Proposal Cancellation: An RFP may be cancelled prior to opening date or any or all
proposals may be rejected in whole or in part as may be specified in the solicitation,
where it is in the best interest of the City in accordance with regulations promulgated by
the Purchasing Office or, as a result of improper conduct on the part of a City employee.
The reasons for any cancellation shall be made part of the proposal file.
(e) Evaluation of Proposals
• Initial Evaluation: Each proposal shall be evaluated to determine whether it is
responsive to the scope of services and other terms and conditions contained in
the RFP. In evaluating the proposals, the evaluating team may communicate
with each Proposer to clarify and amplify each Proposer’s proposal. No
information concerning any other Proposer’s proposal shall be communicated in
any way to the Proposer.
• Request of Supplemental Information: Additional information may be requested
of Proposers.
(f) Award of Proposal
• Responsive and Responsible Proposal: Award shall be made to the responsible
Offeror whose proposal is determined to be the most advantageous to the City
based upon but, not limited exclusively to, price and the evaluation factors set
forth in the RFP.
• Approval of Proposals: All proposals where cost is $50,000 or more shall be
approved or rejected by the City Council.
• Rejection of Proposals: The City reserves the right to reject any or all proposals
if it determines such rejection to be in the best interest of the City.
• Disqualification of Proposals: The following types of proposals shall be
disqualified for consideration for award:
♦ A proposal arrives after the set time for submittal
♦ A proposal submitted without required bonds or insurance
♦ A proposal submitted by a company on the Ineligible Source List.
e. Emergency Purchasing: It is understood that, from time to time, occasions arise at
departments, which requires immediate action to purchase items in order to prevent
disruption of operations. The Purchasing Agent shall have the authority to purchase
commodities and services where there exists an emergency constituting a threat to
public health, safety or welfare or to the soundness and integrity of public property or
to the delivery of essential services and where the adverse effect of such emergency
may worsen materially with the passage of time.
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If the emergency occurs after normal business hours and the Purchasing Agent is
unavailable, the Department Directors/Chiefs will be given the same authority as the
Purchasing Agent. The documentation and purchase requisitions are to be submitted to the
Purchasing Office as soon as possible following the emergency.
Adherence to these regulations and procedures concerning dollar amounts and bidding will
be followed as closely as circumstances will allow. All emergencies will be documented and
reports given to the City Manager, Mayor, and Council.
f. Brand Name Purchases: The Purchasing Agent may elect to purchase brand name
products or services when the goods comprise a major brand system, program or service
previously selected by the City and due to operational effectiveness, future enhancements or
additions, or maintenance or storage of spare parts precludes the mixing of brands,
manufacture, etc.
g. Sole Source Purchases: A contract may be awarded or a purchase made without
competition when the City determines that there is only one source for the required
products, supply services, or construction items. The Purchasing Agent shall conduct
negotiations as appropriate, as to the price, delivery, and terms to determine
reasonableness of price. A separate file of sole source procurements shall be maintained
as a public record and shall list each contractor’s name, the amount and type of each
contract, and a listing of the item(s) procured under each purchase order or contract.
h. Grants/Donations: Periodically, the City may be given private/public grants and donations;
from sources such as the State and Federal Government and private corporations. These
types of solicitations are more restrictive and will dictate the procurement process and
methodology that the City is to follow.
i. State Contract: A contract may be awarded or a purchase made without competition when
the City determines that the pricing available through the Department of Administrative
Services is below market rates. The Purchasing Agent shall conduct negotiations as
appropriate, as to the price, delivery, and terms to determine reasonableness of the overall
procurement.
3. Responsible for Prices: The final determination of the price and terms of any goods, materials or
services shall rest with the Purchasing Office.
4. Records: It shall be the responsibility of the Purchasing Office to document all contracts, purchases,
agreements for services, and leases and to maintain said documents consistent with the records
retention policy of the City. All agreements or contracts binding the City must be in writing. There
will be no exceptions.
5. Negotiations of Agreements: All negotiations of agreements for supplies, materials, or services,
shall be conducted by the Purchasing Office. It is recognized that special situations may exist where
there is a special need for the USER to be involved in the negotiation process. This must be in
conjunction with the Purchasing Office at all times. The Purchasing Office will make final
recommendation for agreements.
6. Approvals:
a. It is the responsibility of the Purchasing Office to secure all necessary approvals of the City
Manager or their designee, or legal authority, in writing, when necessary to protect the City and
its legal liability prior to execution of a contract or purchase agreement.
b. The Purchasing Office may make any authorized purchase for which payment will be made in a
current, routine manner following receipt of the goods or services. Procurement by leasing,
long-term financing, advance payments or deposits or any other special non-routine method
must be approved in advance by the City Manager or their designee.
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The City Manager or their designee is authorized to approve budgeted capital purchases or
contracts up to $50,000 without obtaining Council approval. The USER is responsible for
making the recommendation for the award.
Council must approve any non-budgeted purchase or contract over $50,000. The USER and
Purchasing Agent are responsible for submitting the recommendation for this award.
c. The Purchasing Office will not normally provide purchase orders after procurement has been
initiated. Also, purchases must be documented by the USER with appropriate requisition and
specific budget account number prior to the issuance of the purchase order number.
d. In the case of contracts (other than routine purchase orders), leases or service agreements
(either new or renewals), the approval process is necessary. All such documents will be
forwarded to the Purchasing Office if not originated in said department. The Purchasing Office
will acquire the necessary approvals prior to execution of any agreement, contract or lease
through the City Attorney’s office. When said contracts, leases or service agreements are up for
renewal or expiration the Purchasing Office will notify the USER for approval to either maintain
the contract or bid a new contract. The Purchasing Office will be responsible for maintaining a
file of all current contracts, leases or service agreements.
(1) The Purchasing Agent will review the contract for form, completeness, insurance
considerations, legal implications, and any other items dictated by each situation. The
contract will then be sent to the USER and approved the Director/Chief and returned to
Purchasing. The Purchasing Office will be responsible for having the contract signed by
the City Manager or their designee after it is signed by the vendor.
(2) The Purchasing Office will forward three copies of the contract for signature to the
vendor, with them returning two copies.
(3) The original of the contract will be filed in the open contract file. The other copy will be
attached to the purchase order.
(4) A copy of the completed contract will be forwarded to the USER.
(5) Once a contract is awarded by the City the contract may be amended without the
necessity of rebidding such contract, provided that such amendment shall not result in a
variance in price exceeding ten percent (10%) of the original contract amount.
7. Delivery, Quality, and Payment: It shall be the responsibility of the Purchasing Office to insure the
quality, delivery, and payment of required goods and services.
8. Disputes: Final adjudication of any dispute between the vendor and USER shall be made by the
Purchasing Office with appropriate input from the USER.
9. Vendor: In most cases, contact with vendors will be by the Purchasing Office and in conjunction with
the USER as necessary. All vendors must coordinate with the Purchasing Office before visiting any
other department. All visits must be made with the knowledge of the Purchasing Office and the
Purchasing Agent has the option of accompanying the visitor. It is recognized that this restriction on
visitation will not necessarily apply to those vendors with ongoing relationships such as
computer,and copy machine service technicians.
10. Return of Goods and/or Cancellation of Agreements: All return of goods must be initiated by the
USER through the Purchasing Office. Additionally, all cancellations of, or modifications to, any
agreements must be made by the Purchasing Office.
11. Receiving of Goods: It shall be the responsibility of the USER to ensure that purchased goods and
equipment are received, inspected and verified as to condition. This will be accomplished by the use
of a Receiving Report. Since the Department Director/Chief signed the purchase requisition, he
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cannot be the receiver of the goods and must appoint an individual within the department to be the
receiver of the goods and services.
12. Use of State/Co-Op Contracts: The Purchasing Manager may, independent of the requirements of
bid process of this article, procure supplies, services or construction items through the contract
established through competitve means by the purchasing division of the State of Georgia, national
Co-Ops (i.e.-U.S. Communities), and collaborative purchasing agreements when deemed to be in
the best interest of the City.
13. Change Orders
The Purchasing Office will review all change orders and adjust encumbrances as applicable. Change
orders will be processed to correct the account distribution, quantity, addition/deletion of line items,
change in description, and unit price.
If a quoted price is equal to or less than $5,000, the Department Head will approve. If a requisition for
change order is received in over $5,000 but the total procurement remains less than $50,000, the
requisition will be sent to the City Treasurer and City Manager for approval. Any requisition with a
change order where the total procurement equals more than $50,000 requires Mayor/City Council
approval. The department cannot use the change order process to circumvent the Purchasing
Ordinance. Additionally, an available appropriation must exist for all change order amounts prior to
approval occurring.
VII. PAYMENT REQUESTS
Payment Request Forms are designed to streamline procedures for initiating routine payments of the
types outlined below:
A. Utility Bills.
B. Insurance Premiums and Bond Payments.
C. Postage Expenses.
D. Conferences, Training and Meeting Pre-paid Expenses.
E. Reimbursements as shown on a valid, approved Travel Expense Report.
F. Professional Services.
G. Court Fees.
H. Instructors or Speakers for Recreation Programs.
The above list is not all-inclusive; questions should be directed to the Finance Director or Purchasing
Agent. The use of the Payment Request Forms in no way implies that proper procedures outlined in
paragraph IV, B, 2 need not be adhered to. The Payment Request procedures are merely a means of
expediting payment.
APPENDIX A
NIGP CODE OF ETHICS
The Institute believes, and it is a condition of membership, that the following ethical principles should govern
the conduct of every person employed by a public sector procurement or materials management
organization.
Seeks or accepts a position as head (or employee) only when fully in accord with the professional principles
applicable thereto and when confident of possessing the qualifications to serve under those principles to the
advantage of the employing organization.
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Believes in the dignity and worth of the service rendered by the organization, and the societal responsibilities
assumed as a trusted public servant.
Is governed by the highest ideals of honor and integrity in all public and personal relationships in order to
merit the respect and inspire the confidence of the organization and the public being served.
Believes that personal aggrandizement or personal profit obtained through misuse of public or personal
relationships is dishonest and not tolerable.
Identifies and eliminates participation of any individual in operational situations where a conflict of interest
may be involved.
Believes that members of the Institute and its staff should at no time, or under any circumstances, accept
directly or indirectly, gifts, gratuities, or other things of value from suppliers, which might influence or appear
to influence purchasing decisions.
Keeps the governmental organization informed, through appropriate channels, on problems and progress of
applicable operations by emphasizing the importance of the facts.
Resists encroachment on control of personnel in order to preserve integrity as a professional manager.
Handles all personnel matters on a merit basis, and in compliance with applicable laws prohibiting
discrimination in employment on the basis of politics, religion, color, national origin, disability, gender, age,
pregnancy and other protected characteristics.
Seeks or dispenses no personal favors. Handles each administrative problem objectively and empathetically,
without discrimination.
Subscribes to and supports the professional aims and objectives of the National Institute of Governmental
Purchasing, Inc.
GUIDELINES TO THE NIGP CODE OF ETHICS
I. RESPONSIBILITY TO YOUR EMPLOYER
Follow the lawful instructions or laws of the employer.
Understand the authority granted by the employer.
Avoid activities, which would compromise or give the perception of compromising the best interest of the
employer.
Reduce the potential for any charges of preferential treatment by actively promoting the concept of
competition.
Obtain the maximum benefit for funds spent as agents for the employer.
II. CONFLICT OF INTEREST
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Avoid any private or professional activity that would create a conflict between your personal interest and the
interests of your employer.
Avoid engaging in personal business with any company that is a supplier to your employer.
Avoid lending money to or borrowing money from any supplier.
III. PERCEPTION
Avoid the appearance of unethical or compromising practices in relationships, actions and communications.
Avoid business relationships with personal friends. Request a reassignment if the situation arises.
Avoid noticeable displays of affection, which may give an impression of impropriety.
Avoid holding business meetings with suppliers outside the office.
When such meetings do occur, the meeting location should be carefully chosen so as not to be perceived as
inappropriate by other persons in the business community or your peers.
IV. GRATUITIES
Never solicit or accept money, loans, credits or prejudicial discounts, gifts, entertainment, favors or services
from your present or potential suppliers which might influence or appear to influence purchasing decisions.
Never solicit gratuities in any form for yourself or your employer.
Items of nominal value offered by suppliers for public relations purposes are acceptable when the value of
such items has been established by your employer and would not be perceived by the offeror, receiver or
others as posing an ethical breach.
Gifts offered exceeding nominal value should be returned with an explanation or if perishable either returned
or donated to a charity in the name of the supplier.
In the case of any gift, care should be taken to evaluate the intent and perception of acceptance to ensure
that it is legal, that it will not influence your buying decisions, and that it will not be perceived by your peers
and others as unethical.
V. BUSINESS MEALS
There are times when during the course of business it may be appropriate to conduct business during meals.
In such instances, the meal should be for a specific business purpose.
Avoid frequent meals with the same supplier.
The purchasing professional should be able to pay for meals as frequently as the supplier. Budgeted funds
should be available for such purposes.
VI. CONFIDENTIAL INFORMATION
Keep bidders’ proprietary information confidential.
Develop a formal policy on the handling of confidential information.
VII. RELATIONSHIP WITH THE SUPPLIER
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Maintain and practice, to the highest degree possible, business ethics, professional courtesy, and
competence in all transactions.
Association with suppliers at lunches, dinners, or business organization meetings is an acceptable
professional practice enabling the buyer to establish better business relations provided that the buyer keeps
free of obligation. Accordingly, it is strongly recommended that if a seller pays for an activity that the buyer
reciprocate.
Purchase without prejudice, striving to obtain the maximum value for each dollar of expenditure.
Preclude from showing favoritism or be influenced by suppliers through the acceptance of gifts, gratuities,
loans or favors. Gifts of a nominal value that display the name of a firm which is intended for advertisement
may or may not be accepted in accordance with the recipient’s own conscience or jurisdictional rules.
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FINANCIAL MANAGEMENT PROGRAM
RECORD RETENTION
POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
On __________________, 2006.
City of Milton
georgia
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RECORDS RETENTION
In concurrence with State Law, the City of Milton shall comply with the Georgia Records Act, as presented in
O.C.G.A. 58-90-19 et seq. for public entities.
A. PURPOSE – STATEMENT OF POLICY
The City of Milton recognizes that its citizens have a right to expect, and the City has an obligation to
maintain, an efficient and cost-effective Records Management Program and it further recognizes the
importance of City records in the lives of its citizens. The City of Milton has a responsibility to its citizens to
manage, protect, preserve and make available City records.
It is the policy of the City of Milton to provide for efficient, economical, and effective controls over the
creation, distribution, organization, maintenance, use, retention, and disposition of all records of the City of
Milton. This policy will be implemented through a comprehensive system of integrated procedures for the
management of records from their creation to their ultimate disposition, consistent with the requirements of
the Georgia Open Records Act and accepted records management practice.
The decision to adopt Milton’s Records Management Program is a commitment to improving the City’s
overall record keeping system. The City acknowledges that, while the utilization of retention schedules and
micrographics may in fact delay the inevitable chaos that results from records mismanagement or non-
management, long-term benefits can be realized only through the introduction of a well-conceived,
preplanned, comprehensive program that emphasizes the design, creation, use, maintenance and
disposition of records.
All City records must be created, maintained, and disposed of in accordance with this chapter and all
requirements, policies and procedures established pursuant to this chapter, and in no other manner.
B. DEFINITIONS.
“APPROVED RECORD’S RETENTION AND DISPOSITION SCHEDULE” - a record’s retention and
disposition schedule that has been approved by the City Manager, the Records Management Officer, and
the Georgia Secretary of State Records Management Office and adopted by the City Council by ordinance
through this policy.
“CITY RECORD” - every document, paper, letter, record, book, map, drawing, photograph, tape (sound or
video recording), and all copies, duplicates, photographs, including microfilm, or other reproductions
thereof, or any other documentary materials, regardless of physical form or characteristics, including
information contained in electronic data processing equipment and on floppy disks, optical disks, and
compact disks, regardless of physical form or characteristic and regardless of whether public access to it is
open or restricted under State law, that is created or received by the City of Milton or any of its officers or
employees pursuant to law or in the transaction of public business. A City record does not include library
material acquired solely for reference, exhibit, or display or stocks of publications, advertisements, or other
unsolicited written materials received by the City or any of its officers or employees. The provisions of the
State of Georgia Open Records Act or any successor provisions thereof shall govern with regard to the
status of the records described herein as public records or as exempt from the public records laws.
“DEPARTMENT” - any department, division, commission, authority, committee, task force, or similar entity
of the City.
“DIRECTOR/DIVISION/HEAD” - the person who is in charge of a department of the City that creates or
receives City records.
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“ESSENTIAL RECORD” - any City record necessary to resume or continue operations of the City in an
emergency or disaster; recreate the legal and financial status of the City; or to protect and fulfill obligations
to the citizens of the City.
“FORM” - A document on which captions are pre-printed for entering variable data and which is used to
transmit information from one point to another. Forms are generally used to cause some action, establish a
memory and/or give a report. This includes stationery, envelopes, memo pads, checks, etc.
“OPEN RECORDS LAW” - O.C.G.A. 50-14-1 through 50-18-76, also known as the Georgia Open Records
Act and the Sunshine Law.
“PERMANENT RECORD” - any City record for which the retention period on Records Retention and
Disposition Schedule is given as permanent.
“RECORDS CENTER” - the facility used to provide centralized and secure storage for non-current and
permanent City records.
“RECORDS DISPOSITION” - the removal or destruction of a City record from a department or from a non-
current records storage center and for a City record that has passed its minimum legal retention period and
no longer has value to the City, or for a permanent City record, transfer of the record to Records Center for
archival accession.
“RECORDS INVENTORY” - the process of locating, identifying, and describing in detail the records of a
department.
“RECORDS LIAISON” - a person designated by each Director/Division/Head to implement the Records
Management Program in their department.
“RECORDS MANAGEMENT” - the creation and implementation of systematic controls for City records from
the point where they are created or received through final disposition or archival retention, including
distribution, use, maintenance, storage, retrieval, protection, preservation and disposal, for the purpose of
achieving adequate and proper documentation of the policies and transactions of City government and
reducing costs and improving the efficiency of record keeping. The term includes: development of Records
Retention and Disposition Schedules; management of filing and information retrieval systems; protection of
essential and permanent records; economical and space-effective storage of non-current records; control
over the creation and distribution of forms, reports, and correspondence; management of manual,
micrographic, electronic, and other records storage systems; and identification of functional record keeping
requirements that ensure City records are created to adequately document the City's business transactions.
“RECORDS MANAGEMENT OFFICER” - the person appointed by the City Manager, primarily the City
Clerk, to administer the City's Records Management Program.
“RECORDS MANAGEMENT PROGRAM” - the requirements, policies, and procedures developed by this
document.
“RECORDS RETENTION AND DISPOSITION SCHEDULE” - a document prepared by or under the
authority of the Records Management Officer that describes recurring records or records series on a
continuing basis, indicating for each record series the length of time it is to be maintained in a department or
in Records Center; when and if the record or records series may be destroyed or otherwise disposed of;
and other records disposition information that the Records Management Program may require.
“RETENTION PERIOD” - the minimum time that must pass after the creation, recording, or receipt of a City
record, or after the fulfillment of certain actions associated with a City record before the record is eligible for
disposition.
C. OWNERSHIP AND CUSTODY OF CITY RECORDS
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Every City record is the property of the City of Milton. No City officer or employee has any personal or
property right to a City record even though they may have developed or compiled the record. The
unauthorized alteration, destruction, deletion, removal, or use of a City record is prohibited. A City record
exempted from public disclosure under State or federal law is not made subject to disclosure by its designation
as City property under this section.
A City record may not be sold, loaned, given away, destroyed, or otherwise alienated from the City's custody
unless in accordance with this chapter. This subsection does not apply to a City record that is temporarily
transferred to a contractor for purposes of microfilming, duplication, and conversion to electronic media,
restoration, or a similar records management and preservation procedure if the transfer is authorized by the
Records Management Officer.
Except when a City record is transferred into the archival custody of a records center, legal custody of a City
record created or received by a department during the course of business remains with the
Director/Division/Head. The legal custodian, as guardian of the record, does not relinquish responsibility for
the care, preservation, or legal disposition of the record even though physical custody of the record for
maintenance and preservation purposes may be held by another department or agency. The physical
custodian of the record is also responsible for complying with all Records Management Program requirements,
policies, and procedures. An original City record may not leave the custody of the department concerned when
it is being used by a member of the public.
Every official or employee shall deliver to any successor all City records pertaining to the office held by the
City officer or employee. The legal and physical custody of a City record that has continuing historical value
to the City may be transferred to the Records Center upon agreement between the Director/Division/Head and
the Records Management Officer. Records Center’s custody of the record subsequently will be known as
archival custody, and ownership of the record remains with the City. The records center shall have legal and
physical custody of all City records belonging to any defunct department that does not have a named
successor.
D. PASSWORD PROTECTED ELECTRONIC RECORDS PROHIBITED.
Because all City records, including all electronic records, are public records, electronic records may not be
password protected unless it is a record specifically exempt from the Open Records Law. Only confidential
documents as specified in the Open Records Law may be password protected as long as the creator of the
document provides his/her supervisor with the password. Written confirmation from the supervisor shall be
forwarded to the Records Management Officer confirming the record is confidential. Such confirmation shall
note the specific law that exempts the record from being an Open Record.
E. RECORDS INVOLVED IN PUBLIC INFORMATION REQUESTS, REQUESTS BY MEDIA,
AND RECORDS PENDING LITIGATION, OR PENDING AUDITS.
The destruction of a City record involved in a pending request under the Public Information Act, pending
litigation, or a pending audit is prohibited, even if the destruction of the record is authorized by an approved
Records Retention and Disposition Schedule. Retrieval and release of all records to the public or media shall
be in accordance to rules and regulations of the Open Records Act and City of Milton Open Records Policy.
All retrieval and release of records for litigation or media purposes shall ALSO be in accordance to the
advice and consent of the City of Milton Legal Department and City Clerk’s Office.
F. RECORDS MANAGEMENT OFFICER - DUTIES AND RESPONSIBILITIES.
In addition to other duties assigned by this chapter and State law, the Records Management Officer shall:
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(1) Administer the City's Records Management Program and provide advice and assistance to
Directors/Divisions/Heads in its implementation;
(2) Prepare the requirements, policies and procedures for the City's Records Management Program;
(3) Review and approve the Records Retention and Disposition Schedules for all departments;
(4) In cooperation with Directors/Divisions/Heads, identify essential records and establish a records disaster
and recovery plan for each department to ensure maximum availability of the records in order to
re-establish operations quickly and with minimum disruption and expense;
(5) Monitor retention/disposition schedules and administrative rules issued by the Georgia Secretary of
State to determine if the Records Management Program and the City's Records Retention and
Disposition Schedules are in compliance with State regulations;
(6) Disseminate information concerning State laws and administrative rules relating to City records to the
Directors/Divisions/Heads;
(7) Instruct or train Records Liaison Officers and other personnel in the Records Management Program;
(8) Direct Records Liaison Officers and other personnel in the conduct of records inventories (of file types,
not individual files) in preparation for the development of Records Retention and Disposition Schedules;
(9) Ensure that the creation, maintenance, preservation, microfilming, electronic storage, destruction, and
other disposition of City records are carried out in accordance with the requirements, policies, and
procedures of the Records Management Program, this chapter and State law;
(10) Bring to the attention of the City Manager any noncompliance by a Director/Division/Head or other
personnel with the requirements, policies, and procedures of the Records Management Program, this
chapter, or State law;
(11) Develop procedures to ensure the permanent preservation of the historically valuable records of the
City;
(12) Conduct periodic reviews of departmental record keeping practices and Records Retention and
Disposition Schedules to ensure that the schedules are kept current;
(13) Provide uniform standards and efficient controls over the identification, appraisal, maintenance,
protection, preservation, transfer, retention, and disposition of City records;
(14) Review City-wide and departmental policies to ensure compliance with the Records
Management Program, this chapter, and State law;
(15) In cooperation with Directors/Divisions/Heads, incorporate records management
policies, objectives, responsibilities, and authorities in pertinent departmental
directives;
(16) Review user requirements, cost feasibility studies, systems requirements, systems
specifications, and other systems design documents to ensure that record keeping
requirements and public access requirements are incorporated into electronic record
keeping systems at the design phase;
(17) Establish procedures for the use of approved general retention and disposition
schedules by City departments; and
(18) Serve as the City's liaison to the Georgia Secretary of State for Records Management
Program requirements.
G. DIRECTORS /DIVISIONS/HEADS - DUTIES AND RESPONSIBILITIES
Every Director and Division Head shall:
(1) Cooperate with the Records Management Officer in carrying out the policies,
procedures, and requirements of the Records Management Program, this chapter,
and State law;
(2) Maintain City records in their custody and carry out the preservation, microfilming,
electronic storage, destruction, and other disposition of those records only in
accordance with the Records Management Program, this chapter, and State law;
(3) Review and approve Records Retention and Disposition Schedules and requests to
dispose of City records that are prepared and submitted by or under the direction of
the Records Management Officer;
(4) Notify the Records Management Officer within 24 hours of the discovery of any loss,
theft, or damage to a City record;
(5) Ensure the ability to access records regardless of form or medium;
(6) Notify the Records Management Officer of proposed electronic record keeping
systems to ensure compliance with electronic record keeping requirements
established by the Records Management Program, this chapter, and State law;
(7) Under the direction of the Manager of Information Systems, ensure electronic records
in the director's custody are migrated forward as technology changes, for as long as
the records are determined to have value, and to ensure that requests for funding for
new systems or systems enhancements address requirements for backup, recopying,
disaster recovery, security, public access, audit trails, and other record keeping
requirements in accordance with the Records Management Program, this chapter,
and State law;
(8) Appoint a department Records Liaison Officer in accordance with this program;
(9) Incorporate the Records Management Program requirements in pertinent
departmental policies and procedures;
(10) In cooperation with the Records Management Officer, identify essential records of the
department and establish a Records Disaster Recovery Plan to ensure maximum
availability of the records to reestablish operations quickly and with minimum
disruption and expense;
H. RECORDS LIAISON OFFICERS – DUTIES AND RESPONSIBILITIES
Each Director/Division/Head shall designate in writing to the Records Management Officer a
member of the Director/Division/Head's staff to serve as the Records Liaison Officer for the
implementation of the Records Management Program for each division. If the Records
Management Officer determines that more than one Records Liaison Officer should be
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designated for a department, the Director/Division/Head shall designate the number of
Records Liaison Officers specified by the Records Management Officer. The
Director/Division/Head may serve as Records Liaison Officer for a department.
A person designated as a Records Liaison Officer shall be thoroughly familiar with
departmental policies and activities and have full knowledge of and access to all City
records created and maintained by the Division and by all officers and employees of the
department.
If a person designated as a Records Liaison Officer resigns, retires, or is removed by action
of the Director/Division/Head, the Director/Division/Head shall promptly designate another
person to fill the vacancy.
In addition to other duties assigned in this chapter or by State law, a Records Liaison Officer
shall:
(1) In cooperation with the Records Management Officer, coordinate and implement the
requirements, policies, and procedures of the Records Management Program in the
department;
(2) Disseminate information to department staff concerning the Records Management
Program;
(3) In cooperation with the Records Management Officer, coordinate the records
inventory of the department (inventory of file types, not individual files);
(4) Verify the accuracy, content and completeness of the records inventory prior to
submission to the Records Management Officer;
(5) Review departmental record keeping practices for compliance with the Records
Management Program and, in consultation with the Records Management Officer,
identify practices that require improvement for the purposes of increasing efficiency or
implementing corrective action for program compliance;
(6) Report any noncompliance with the Records Management Program to the
Director/Division/Head in writing and correct and re-submit to the Records
Management Officer any records inventory that is incomplete or inaccurate; and
(7) Periodically inventory records in department or division and give report to the Records
Management
Officer.
I. RECORDS RETENTION AND DISPOSITION SCHEDULES
The Records Management Officer, in cooperation with Directors/Divisions/Heads and
Records Liaison Officers, shall prepare Records Retention and Disposition Schedules on a
department-by-department basis that describe and establish the retention periods for all City
records created or received by each department. The schedule should list the periods of
time that the records are to remain in the original department, the records center, as well as
the ultimate disposition. (Microfilm, scan, or transfer to archives, or destroy.)
Any Records Retention and Disposition Schedule, amendment to a schedule, or request for
destruction of a record that contains general terms such as "miscellaneous" and "various" to
describe any record identified in such a document may not be submitted to the Records
Management Officer for consideration.
Each Records Retention and Disposition Schedule must be monitored and amended as
needed by the Records Management Officer on a regular basis to ensure that the schedule
is in compliance with Records Retention and Disposition Schedules issued by the State and
City of Milton Financial Management Program
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that the schedule continues to reflect the record keeping procedures and needs of the
department and the Records Management Program of the City.
Records may not be destroyed prior to the time periods stated, however, they may be
retained for longer periods for sufficient reason.
The Georgia Department of Archives and History publishes a Retention Schedule for Local
Government Records. The City shall comply with the retention timelines as outlined within
this schedule. A copy of the entire retention schedule is included within this policy for
reference purposes.
http://www.sos.state.ga.us/archives/retsched/EntireResults.asp
J. IMPLEMENTATION
The Director/Division/Head and Records Liaison Officer of a department for which a
Records Retention and Disposition Schedule has been approved shall implement the
schedule in accordance with the requirements, policies, and procedures of the Records
Management Program, this chapter, and State law.
A City record whose retention period has expired on an approved Records Retention and
Disposition Schedule must be destroyed unless an Open Records Request is pending on
the record; the subject matter of the record is pertinent to pending litigation or a pending
audit; the Director/Division/Head requests to the Records Management Officer in writing that
the record be retained for an additional period, which request must clearly state the reason
for the continued retention; or the Records Management Officer sends written notification to
a Director/Division/Head that the records must be held pending review for historical
appraisal.
K. DESTRUCTION OF RECORDS
The Records Management Officer shall approve City records proposed for destruction on a
regularly scheduled basis, according to the maximum retention and records disposition
guidelines provided in the manual. No original record shall be destroyed without the review
and concurrence of the Records Management Officer and the appropriate
Director/Division/Head. The Records Management Officer is directed to supervise the
destruction of records approved for final disposition on a regularly scheduled basis. Any
City record, the subject matter of which is in litigation, shall not be destroyed until such
litigation is final.
Destruction Of Original Records That Have Been Duplicated - Original paper records
that have been duplicated on microfilm, microfiche, data processing, or word processing
equipment may be destroyed prior to the retention period specified in the records schedule
without further approval provided the following three conditions are met:
(1) The duplicate copy of the information contained in the original record is maintained for
the specified time.
(2) The original paper record has not been scheduled for permanent preservation.
(3) The Records Management Officer has agreed to the destruction of the original paper
record and the destruction is recorded.
Unscheduled Records - A City record that is obsolete or that has not been identified on an
approved Records Retention and Disposition Schedule may be destroyed if its destruction
City of Milton Financial Management Program
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has been approved in the same manner required by this chapter, and the Records Retention
Officer has approved a request for destruction authorization.
L. RECORDS CENTERS
The Records Centers serve as centralized records storage facilities for all departments for
the storage of non-current City records and is under the direct control and supervision of the
Records Management Officer. The Records Management Officer shall establish policies and
procedures regulating the operations and use by City departments. The City Hall Records
Center (Archive Room), shall serve as the repository for current-permanent City records that
are transferred to the Records Management Officer by all departments. Additional off-site
locations are designated by the City Manager for storage of records of less importance.
Fireproof storage systems shall be utilized and serve as repository for current records of the
City Treasurer’s Office and permanent and historical records of the City Clerk only.
M. MICROFILMING/DIGITAL STORAGE OF CITY RECORDS
City records may be microfilmed, scanned, or digitally stored in accordance with the Records
Management Program. Every Director/Division/Head shall coordinate the microfilming,
scanning, or digital storage of a City record with the Records Management Officer. The
Records Management Officer shall periodically review each department's electronic storage
programs as to cost-effectiveness, administrative efficiency, and compliance with the Record
Management Program.
N. ELECTRONIC RECORDS - STORAGE AND DESTRUCTION
The creation, maintenance, preservation, electronic document imaging, and storage of the
electronic records of the City must comply with the Records Management Program, this
chapter, and State law. All operational procedures of document imaging and electronic
systems are under the supervision of the Manager of Information Systems.
Destruction of Data Processing Records - Computer printouts and other data processing
input/output may be destroyed without specific authorization and recording provided the
following conditions apply:
(1) The information is retained on magnetic media (e.g., magnetic tape, diskettes, etc.),
and the media is scheduled in a Records Retention and Disposition Schedule.
(2) The output copy is not specifically listed and scheduled in this Records Retention and
Disposition Schedule.
O. ELECTRONIC MAIL
The City of Milton provides E-mail services to help its employees conduct business
effectively. E-mail is a public record and should be used for City business. It is intended to
expedite communications, reduce paperwork, and automate routine office tasks; thereby
increasing productivity and reducing costs. The same discretion should be used in
maintaining and storing E-mail messages as you would maintain any other city produced
record. The policies and procedures for E-Mail are further explained in other publications of
the City of Milton.
City of Milton Financial Management Program
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P. GENERAL GUIDELINES AND PROCEDURES FOR STORAGE IN RECORD
CENTERS
A. The Department’s Record Liaison, appointed by and under the direction of the
Director/Division/Head, will be responsible for the coordination of the
Department/Division’s records storage in conjunction with the guidelines and procedures
outlined in the Records Management Policy. The Records Management Officer (City
Clerk) will witness receipt and approve all record storage deposits into the Records
Center (Archive Room).
B. The Record Liaison for each department will be responsible for inventory and
coordination of filing and records management in their department’s storage and filing
facility in conjunction with the rules and regulations of this policy and State of Georgia
records retention requirements.
C. Type of Storage Box – All records must be stored in one cubic foot size boxes
(10”x12”x15 ¼”). Any larger boxes are hard to handle and dangerous! Large boxes will
not be accepted in the Records Centers.
D. Packing of Box - Records must be categorized by date and item description.
Disposition of records will be by year and type record. Please store records in similar
categories and dates (years).
E. Packing of Box - Leave room equivalent to “one hand’s width” (about ½ inch) in each
box when packing. Do not over pack the box.
F. Paperwork submittal – An entry form must be completed with record descriptions and
signed by Department/Division Head and Record Liaison.
G. Receipt of Records - All boxes of records for deposit in the records center (Archive
Room) must be inventoried, reviewed for retention schedule assignments, and logged in
through the City Clerk’s Office by appointment.
H. Entry into Record Center – All employees must sign in and receive a key prior to
entering the ground floor records center. The key and sign in sheet are available in the
City Clerk’s Office. The Records Center should be locked at all times.
I. Record Disposition - A Disposition notice in compliance to the retention schedule will be
sent to the Department/Division Head and Records Liaison prior to any destruction of
records.
J. Disposition of records must be approved by Department/Division Head and Records
Management Officer (City Clerk) and in compliance with State Records Retention
Regulations.
K. Any Permanent Records converted to computer based scanning programs must also be
saved in microfilm format or as paper.
L. Surplus items or unused office items are not allowed in Records Centers. These centers
are for records only.
M. Finance Department Record Center – This center is for the City Treasurer’s Office and
City Clerk’s use only. The City Treasurer’s Office Records Liaison appointed and under
the direction of the City Treasurer, will be responsible for the coordination of the City
Treasurer’s Office Record Center.
N. Permanent Records (e.g. deeds and minutes), located in the Records Center must be
stored in a locked file cabinet at all times. Access to these records require the signing
out of a key and supervision of the Records Manager Officer (City Clerk).
O. The doors of all Records Centers must be closed at all times. All entries into this
Records Center, other than authorized employees, must have permission and/or
supervision from the City Clerk before entering.
FINANCIAL MANAGEMENT PROGRAM
REVENUE ADMINISTRATION
POLICIES
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
On ________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 3
REVENUE ADMINISTRATION
The City levies, collects and records certain taxes, license and permit fees, intergovernmental
revenues, charges for service, investment income, fines and forfeitures, and other miscellaneous
revenues and financing sources. This policy provides direction in the application, acceptance and
administration of revenues the City receives.
A. DIVERSIFICATION AND STABILITY
All revenues have particular characteristics in terms of stability, growth, sensitivity to
inflation or business cycle effects, and impact on the tax and ratepayers. A diversity of
revenue sources can improve a City’s ability to handle fluctuations in revenues and
potentially help to better distribute the cost of providing services.
The City shall strive to maintain a diversified and stable revenue structure to shelter it
from short-term fluctuations in any primary revenue source. When possible, the revenue
mix shall combine elastic and inelastic revenue sources to minimize the effect of
economic downturns.
The City will work towards diversifying its revenue base in order to reduce its
dependence upon property taxes.
B. CONSERVATIVE REVENUE ESTIMATES
As part of the annual budget process, an objective analytical process will estimate
revenues realistically and prudently. The City will estimate revenues of a volatile nature
conservatively.
C. USER BASED FEES AND CHARGES (Exchange Revenue)
The level of user fee cost recovery should consider the community-wide versus special
service nature of the program or activity. The use of general-purpose revenues is
appropriate for community-wide services, while user fees are appropriate for services that
are of special benefit to easily identified individuals or groups.
The City will strive to keep a simple revenue system that will result in a decrease of
compliance costs for the taxpayer or service recipient and a corresponding decrease in
avoidance to pay.
The City’s revenue system will strive to maintain equity in its structure. That is, the City
will seek to minimize or eliminate all forms for subsidization between entities, funds,
services, utilities, and customers. However, it is recognized that public policy decisions
may lead to subsidies in certain circumstances (e.g., senior citizen partial tax abatement).
Fees will be reviewed and updated on an ongoing basis to ensure that they keep pace
with changes in the cost-of-living as well as changes in methods or levels of service
delivery.
For services associated with a user fee or charge, a fee shall offset the costs of that
service, where possible. Costs of services include direct and indirect costs such as
operating and maintenance costs, administrative costs, and charges for the use of capital
(e.g., depreciation and/or debt service).
City of Milton Financial Management Program
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D. ALTERNATIVE REVENUE SOURCES
The City shall seek alternative funding sources whenever possible to reduce the required
revenue from non-exchange transactions (e.g., property taxes). Such alternative sources
include private and public grants, federal or state assistance, and public and private
contributions.
E. REVENUE COLLECTION
The City will follow an aggressive policy of collecting revenues, consistent with state and
federal laws. This policy includes charging of penalties and interest, revoking City
licenses, and providing for the transferring and assignment of tax executions.
F. RATES AND CHARGES
The City Council shall approve all revenue rates, charges, and processes in association
with receipted funds that are deposited by the City in conjunction with the annual financial
plan, (fiscal year budget) and revenue handbook (see below).
G. REVENUE HANDBOOK
A revenue handbook will be established and updated annually as part of the budget
process. This handbook will be utilized to adjust all fees, user charges, and applicable
taxes or other revenue sources. The handbook will include at least the following
information:
• The revenue source
• Legal authorization
• Method of collection
• Department responsible for collection
• Rate or charge history
• Total revenue history
FINANCIAL MANAGEMENT PROGRAM
TRAVEL AND MEAL
EXPENDITURE POLICY
Developed under the Authority
of the City Council by the
City Manager’s Office, and
approved by ordinance
On ___________________, 2006.
City of Milton
georgia
City of Milton Financial Management Program
Page 2 of 5
TRAVEL AND MEAL EXPENDITURE POLICIES
This section provides guidance on authorized expenditures for all departments under the
authority of the City Manager, Mayor and City Council. This section shall cover those costs
incurred for travel and meal expenses by any elected official, City employee, or board member
who travels on City related business. Operating guidelines and procedures for procuring travel
and meal expenses shall be issued under separate cover(s) as they do not constitute nor
necessitate City Council approval.
A. APPROPRIATION
In conjunction with the annual budget process, the City Council shall authorize
department appropriations for travel and meal expenses consistent with the annual
adopted operating budgets. Departments shall not incur travel expenditures unless an
appropriation is available, or budget amendment has been completed.
B. EXPENDITURE APPROVAL
All expenditures relating to travel and meals shall be processed consistent with
procurement/purchasing guidelines. Once the City Treasurer’s Office receives the proper
documentation from the incurring departments, the execution of payment shall occur.
The City Treasurer’s Office shall only process transactions for payment based upon the
proper approval for the dollar amount of the expenditure, including adequate
documentation, received either electronically or in writing.
C. SETTLEMENT OF DISPUTED REIMBURSEMENT CLAIMS
The City Treasurer’s Office shall review expenditure documents for compliance and
appropriateness with all City policies and procedures. Expenditure reimbursement
requests that are not in compliance with these policies and procedures shall be returned
to the originating department with recommendations for changes (e.g., travel issues,
cellular phone use). In the event the department does not agree with the
recommendations, the City Manager shall make the final decision regarding whether to
authorize the reimbursement.
D. TRAVEL EXPENSES
The City shall reimburse/pay expenses incurred by elected officials and employees for
travel relating to official City business. Official business shall be deemed that which has
been approved prior to the expenditure being incurred on a City of Milton Travel
Authorization form. Travel authorization forms are required for any travel exceeding 50
miles of the employee’s place of work.
1. Lodging: hotel/motel charges shall qualify for reimbursement when they
exceed a 50 mile radius of the employee’s place of work. All traveling
personnel shall minimize the expense associated with hotel/motel costs by
procuring a government rate for qualified stays. Lodging expense shall be
benchmarked against the U.S. General Services Administration (GSA)
approved per-diem rate of reimbursement. When the GSA rate is exceeded
by 20% or more, additional justification shall be required from the traveler.
When traveling in the State of Georgia, all travelers must use the hotel/motel
tax-exempt status form. Sales and occupancy taxes charged for lodging
City of Milton Financial Management Program
Page 3 of 5
within the State of Georgia do not qualify as eligible reimbursable travel
expenses under this policy. Per diem rates can be found at
http://policyworks.gov/org/main/mt/homepage/mtt/perdiem/perd03d.html.
Hotel accommodations for travel less than a 50 mile radius from Milton must
be approved by the employee’s department head.
Elected officials, the City Manager, Department Directors, and Management
of the City shall be allowed hotel accommodations for travel less than a 50
mile radius from Milton, based upon meeting schedules and attendance
needs.
2. Transportation: approved modes of transportation include vehicle, air, rail, or
taxi and public transportation. The method selected by the traveler shall be
subject to the most economically feasible, taking into consideration the value
of time. If a City vehicle is available, it should be used in lieu of a personal
vehicle. Generally, the City will not reimburse for the use of a personal
vehicle within 10 miles of an employees official headquarters and/or
residence.
i. Mileage: miles traveled in personal vehicles shall be reimbursed at
the rate designed by the Internal Revenue Service. Mileage shall be
calculated using the employee’s place of work as the origination
point, so long as the employee reported to work prior to departing to
the destination. In the event the employee does not report to work
prior to traveling to the destination, mileage shall be reimbursed from
the employee’s origin, less their normal commute to the workplace.
Expenses associated with employee’s vehicles such as fuel, oil,
tires, etc. (deemed normal wear and tear) shall not be subject to
reimbursement and will be the responsibility of the traveler. Miles
traveled in City owned vehicles shall not be subject to
reimbursement to the traveler. However, expenses associated with
the travel in City vehicles such as fuel, oil, tires, etc. shall be the
responsibility of the City, and necessary purchases should follow
normal purchasing guidelines and processes.
ii. Rental Cars: Expenses associated with rental cars, i.e. rental
expense and fuel will be paid at cost, with receipts provided.
Employees shall rent mid-size or smaller vehicles, or an appropriate
vehicle size based upon the number of employees needing
transportation. Expenses associated with exceeding this car class
will be the responsibility of the traveler. Employees should decline
additional insurance coverage offered by rental car companies since
the City’s insurance coverage is applicable to car rentals.
iii. Air/Rail: transportation provided by major airlines or railroads shall
be paid at cost to the traveler. Travel will be limited to
coach/economy classes of service. In the event the traveler chooses
a class higher than coach/economy (business or first class) or to
extend the trip and change departure or arrival dates, the difference
of the expense shall be the responsibility of the traveler. Any
reduction in the expense associated with transportation costs as a
result of extended or modified travel dates for personal benefit shall
not be provided back to the traveler.
iv. Taxi/Shuttle: expenses associated with local transportation will be
deemed eligible expenses as long as receipts are provided with point
to point explanations for this mode of transportation. Such
documentation should accompany receipts.
City of Milton Financial Management Program
Page 4 of 5
2. Meals/incidentals: expenses associated with meals (breakfast, lunch and
dinner) and incidentals (snacks, tips, miscellaneous) shall be administered
on a per diem basis by city. Per diem amounts will be derived from the U.S.
General Services Administration (GSA), which can be found at
http://policyworks.gov/org/main/mt/homepage/mtt/perdiem. Per diem will be
advanced to the employee prior to travel. Receipts will not be required on
incidental or meal expenses. Overages of meal expenses will be the
responsibility of the employee, while any savings may be retained by the
employee.
Alcoholic beverages are not allowable reimbursable expenses, and will not
be reimbursed pursuant to the City’s Personnel Policies. Expenses incurred
for meals when travel has not included overnight stay shall be reimbursed
under Section E of this policy.
3. Program/Seminar/Conference Fees: charges relating to the traveler’s
attendance to the particular event (training, conference, seminar, etc) shall
be paid by the corresponding department, subject to the provisions identified
for expenditures in the City’s Expenditure and Purchasing Policies.
4. Telephone/Long Distance: telephone, fax, long-distance, Internet, and
communication expenses (including postage) shall be reimbursed when
relating to the traveler’s employment. Expenses for business communication
shall be limited to $10.00 per day.
5. Laundry/Dry Cleaning: when travel is scheduled for more than five
consecutive days, reimbursement for laundry and dry cleaning expenses will
be allowed. Expenses shall be paid at the cost of the services provided.
Each traveler shall pay for expenses associated with travel on a personal credit
card, with the exception of meals or incidental expenses. Travel advances for
meal/incidental expenses shall be provided to the employee prior to travel by the
City Treasurer’s Office.
Dependents/spouses accompanying employees on official business shall not be
eligible for reimbursed expenses by the City. If a dependent or spouse
accompanies an employee on an authorized business trip, only those expenses
that can be directly attributed to the employee will be reimbursed. Per diem used
for expenses other than those directly attributable to the employee will be
allowed; however, the per diem amount will not be increased because of
dependent/spouse travel.
The Mayor, City Council, City Manager, Department Directors and management
of the City shall be allowed to conduct official City business while on travel. The
submission of expenses related to such official business will be required in order
to receive reimbursement. Such items may include expenses associated with
meetings or business meals outside of the scope of the purpose of travel.
Employees on official business shall follow the City’s workers’ compensation
policies in the event of any on-the-job injury.
E. NON-TRAVEL MEALS
Expenses related to the furnishing of meals, snacks, or food should be limited to the
following circumstances:
City of Milton Financial Management Program
Page 5 of 5
1. Meetings hosted by the City Council or City Manager;
2. A meeting during regularly scheduled business hours required by law or
authorized by a department director which is anticipated to last more
than four (4) hours and which, is scheduled through normal meal times;
3. A business meal with someone other than another City official or
employee in order to discuss a specific item of City business; and
4. Meals that are an integral part of a scheduled meeting at which the
individual is required to attend.
Receipts provided for meals within this category should detail the nature of the meeting
and the people who were present for discussion.
F. SUBMISSION OF EXPENSES
All expenses relating to travel shall be submitted to the City Treasurer’s Office no later
than 10 days after return from the trip. Non-travel meals shall be submitted no later than
7 days from the date of occurrence.
G. EMPLOYEE BREAK ROOMS
City facilities equipped with break rooms shall be furnished with potable water, coffee,
tea, hot cocoa, creamer, sugar, and cups/stirrers at the expense of the City. Vending
machines will also be available for the use of elected officials and staff.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Tom Wilson, Acting Community Development Director
Date: October 10, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of an Ordinance Establishing Zoning Procedures Consistent with
Zoning Procedures Act of the State of Georgia
CMO (City Manager’s Office) Recommendation:
To adopt the attached ordinance providing for zoning procedures consistent with state
mandated procedures.
Background:
All jurisdictions performing zoning practices must do so in a manner consistent with The Zoning
Procedures Act of the State of Georgia. Without following these procedures any resulting zoning
could be considered null and void.
Discussion:
Adoption of this ordinance will provide the Community Development Department with
procedures for advertising of properties subject to zoning actions by the City Council in a
manner consistent with state law. It includes the following procedures:
• Advertise in a paper of general circulation a minimum of 15 but no more than 45 days
prior to the City Council’s hearing.
• Applicant or agent will post a free standing sign (not attached to a tree or utility poll)
issued by the Planning and Zoning division on each property frontage no latter than
8:30 am 20 days prior to the Planning Commission hearing.
• If the Planning Commission or City Council defers the petition for more than 20 days,
the petitioner is required to post an updated sign.
• The Planning and Zoning Division will give notice by regular mail to all property owners
within 300 feet of the boundaries of the subject property15 days prior to the hearing.
• Published and mailed notices will include the time, place, and purpose of the hearing,
the location of the property, and the present and proposed zoning classifications and/or
requested use permit. The posted sign will include all of the items required in the
published notice except the location of the property.
Alternatives:
There are no reasonable alternatives and it is necessary to approve this ordinance.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
Page 1 of 2
ORDINANCE NO. 2006-
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE OF THE CITY OF MILTON’S MAYOR
AND CITY COUNCIL TO ADOPT ZONING PROCEDURES
CONSISTENT WITH THE ZONING PROCEDURES ACT
OF THE STATE OF GEORGIA
The Council of the City of Milton hereby ordains while in special session on
November 14, 2006 at 6:00 p.m. as follows:
SECTION 1. That before adopting any change to the Zoning Maps or text of the
Zoning Ordinance, the Mayor and City Council shall hold a public hearing
following the public hearing by the Planning Commission where a
recommendation was made on the petition.
SECTION 2. That notice of the Planning Commission and the Mayor and City
Council hearings shall be given simultaneously at least fifteen (15) days but not
more than forty-five (45) days prior to the date of the Mayor and City Council’s
public hearing and shall be published in a newspaper of general circulation. Re-
notification is not required when a petition is deferred by the Mayor and City
Council.
SECTION 3. That the applicant or agent shall post a free standing sign, not
attached to any tree or utility pole, as issued by the Planning and Zoning Division
in a conspicuous location on each public street frontage of the subject property
not later than 8:30 a.m. on the twentieth (20th) calendar day prior to the Planning
Commission hearing.
SECTION 4. That the sign shall be mounted and posted as specified by the
Planning and Zoning Division. Property that is not posted on the twentieth (20th)
calendar day before the scheduled first hearing date will be administratively
removed from the agenda.
SECTION 5. That when the Planning Commission or the Mayor and City
Council defers a petition, the applicant is required to post an updated sign with
new hearing dates twenty (20) calendar days prior to the next scheduled hearing
date. When a petition is deferred by the Mayor and City Council for less than
twenty (20) calendar days, posting an updated sign is not required.
Page 2 of 2
SECTION 6. That the Planning and Zoning Division shall give notice by regular
mail to all property owners within three hundred (300) feet of the boundaries of
the subject property who appear on the tax records of Fulton County as retrieved
by the City’s Geographic Information System. The notices shall be mailed a
minimum of fifteen (15) days prior to the hearing date. Re-notification by mail is
not required when a petition is deferred by the Mayor and City Council.
SECTION 7. That the published and mailed notices shall contain the time, place,
and purpose of the hearing, the location of the property, and the present and
proposed zoning classifications and/or requested use permit. The posted sign shall
include all of the items required in the published notice except the location of the
property. Notice shall not be considered inadequate if the mail is not delivered.
SECTION 8. That the First Reading of this ordinance was on November 14th,
2006.
SECTION 9. That this Resolution shall become effective December 1, 2006.
ORDAINED this the ____ day of November, 2006.
Approved:
_______________________
Mayor
Attest:
_______________________________
City Clerk
(seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: October 21, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: An Ordinance Adopting Chapter 1, General Provisions, of the City of Milton Code of
Ordinances
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting Chapter 1, General Provisions, of the City of Milton Code of
Ordinances.
Background:
The City’s Code of Ordinances, combined with the City’s Charter (House Bill 1470) become the
backbone of policy for the government. In adopting the code of ordinances, eighteen (18) chapters have
been initially designated. All chapters will be codified through a publication process, anticipated in the
second fiscal year of operation. Included within the codification process is the publication of the charter
and code of ordinances on the City’s website.
Discussion:
Chapter 1, as most initial chapters of larger documents, represents the introductory section to the Code of
Ordinances in totality. This chapter includes four (4) sections which were developed when looking at the
total scope of the code. The sections include the following:
Article 1 – Code Established – establishes the code of ordinances;
Article 2 – Definitions – provides for common definitions found throughout the entire code;
Article 3 – Violations – outlines “default” violations if not specified further in any chapter; and
Article 4 – Miscellaneous Provisions – generally details the administration of the code by the City Clerk’s
office.
This chapter was formulated through the review of industry best practices, and through surrounding
jurisdictions.
Alternatives: N/A
Concurrent Review: N/A
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 1, GENERAL PROVISIONS,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 1 (GENERAL PROVISIONS) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to General Provisions is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 1 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. This Ordinance is effective _________________ and,
SECTION 4. That this Ordinance shall become effective on December 1, 2006.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 7
Chapter 1: General Provisions
Article 1: Code Established
Section 1: City Ordinance Defined
The Ordinances embraced in the following chapters, articles and sections shall constitute
and be designated “Code of Ordinances of the City of Milton, Georgia” and may be so cited.
Article 2: Definitions
Section 1: Terms Defined
As consistent with the Charter, definitions shall be construed liberally in favor of the City.
Code: The word “Code” refers to the Code of Ordinances of the City of Milton, Georgia.
Council: The word “Council” refers to the six Council members and the Mayor.
Council Member: The words “Council Member” refers to the individual members of the City
Council, including the Mayor.
County: the word “county” shall mean Fulton County, Georgia
City: The word “City” refers to the City of Milton, Georgia.
City Clerk. The term “city clerk” refers to that employee of the City of Milton charged with keeping
the minute book of the city.
Charter: The word “Charter” refers to the enabling legislation creating a municipal charter
for the City of Milton, enacted as HB 1470 during the General Session of the 2006 General
Assembly.
Fire Department: The term “Fire Department” shall refer to the Fulton County Fire
Department or the City of Milton Fire Department, whichever provides services to the City of
Milton.
Gender: A word importing one (1) gender shall extend and be applied to the other genders,
except where inappropriate.
Governing body. Whenever the words "governing body" are used, they shall mean the mayor and
council of the city, and/or board and commission members.
Keeper, proprietor. The terms “keeper” and “proprietor” shall mean and include persons as
the term “person” is defined herein, whether acting by themselves or through an agent or
employee.
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Month. The word “month” shall mean a calendar month.
Number. A word importing only the singular number may extend and be applied to several
persons or things as well as to one (1) person or thing.
Oath. The word “oath” shall include an affirmation in all cases in which by law an
affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn”
shall be equivalent to the words “affirm” and “affirmed.”
Officials: The name or title of any officer or department shall be read as though the words
“of the City of Milton” were added thereto.
O.C.G.A.: The abbreviation “O.C.G.A.” refers to the Official Code of Georgia Annotated.
Owner. The word “owner” applied to a building or land shall include any part owner, joint
owner, tenant in common, tenant in partnership, joint tenant or person in possession under a bond
for title.
Person: The word “person” shall extend and be applied to firms, partnerships, associations,
organizations, and bodies political and corporate, or any combination thereof, as well as to
individuals.
Personal property. The words “personal property” shall include every species of property
except real property, as herein defined.
Police: The term “Police” shall refer to the Police Department or Police Chief of Fulton
County or of the City of Milton, whichever is serving as the police force for the City.
Preceding, following. The words “preceding” and “following” shall mean next before and
next after respectively.
Property. The word “property” shall include real and personal property.
Public place: The term “public place” shall mean any park, cemetery, shopping center,
schoolyard, or open space adjacent thereto, or any area available and/or accessible to the public,
regardless of whether privately or publicly owned.
Real Property. The words “real property” shall include lands, tenements, and hereditaments.
Shall, may. The term “shall” is mandatory; the term “may” is permissive.
Sidewalk. The word “sidewalk” shall mean any portion of a street between the curb line and
the adjacent property line, intended for the use of pedestrians, excluding parkways.
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Signature or subscription: The terms “signature” and “subscription” include a mark when the
person cannot write.
State: The words “the State” or “this State” shall mean the State of Georgia.
Street: The word “street” shall mean and include any public way, road, highway, street,
avenue, boulevard, parkway, alley, lane, viaduct, bridge, and the approaches thereto and area
owned or dedicated as public right of way, within the City.
Tenant, occupant. The terms “tenant” and “occupant,” applied to a building or land, shall
include any person holding a written or oral lease of, or who occupies the whole or a part of,
such 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.
Title of officer or official. Whenever the title of an officer is given, it shall be construed as
though the words “of the City of Milton” were added.
Week. The word “week” shall mean seven (7) calendar days unless otherwise specified.
Written, in writing. The terms “written” and “in writing” shall be construed to include any
representation of words, letters, or figures, whether by printing or otherwise.
Year. The word “year” shall mean a calendar year.
Section 2: Non-exclusivity
Terms not defined by this section may be defined elsewhere in the Code.
Article 3: Violations
Section 1: Punishment
(a) Unless specified elsewhere in the Code, any violation of this Code shall be punishable up to
a maximum penalty allowed by State law.
(b) All fines shall be paid into the City Treasury.
(c) Community service may be substituted for the fine with the rate of hourly work set to that of
the Federal Minimum Wage.
(d) If it is deemed by a court of competent jurisdiction that a punishment imposed under this
section conflicts with the laws of Georgia, then State law applies to that particular punishment.
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(e) In addition to the penalties provided in subsection (a), any condition caused or permitted to
exist in violation of any of the provisions of this Code shall be deemed a public nuisance and
may be abated by the City, as provided by law, and each day that such condition continues shall
be regarded as a new and separate offense.
Article 4: Miscellaneous Provisions
Section 1: Exercise of Powers
The powers of the City may be exercised, as provided by the charter, by the City, and by
the parties with whom the City contracts for municipal services.
Section 2: Severability
It is declared to be the intention of the Council that 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 by the valid judgment or decree of any
court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs, and sections of this Code.
Section 3: Catchlines of Sections
The catchlines of the several sections and subsections of this Code are intended as mere
catchwords to indicate the contents of the section and shall not be deemed or taken to be titles of
such sections or subsections, nor as any part of the section or subsection, nor unless expressly so
provided shall they be so deemed when any of such sections or subsections, including the
catchlines, are amended or reenacted.
Section 4: Effect of Repeal of Ordinances
(a) The repeal of an ordinance shall not revive any ordinances in force before or at the time the
ordinance repeal took effect.
(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the
repeal took effect.
Section 5: Amendments to Code; effect of new ordinances; amendatory language
(a) All ordinances passed subsequent to the passage of the ordinances originally included
herein, which amend, repeal or in any way affect this Code, may be numbered in accordance
with the numbering system of this Code and added hereto. 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.
(b) Amendments to any of the provisions of this Code may be made by amending such
provisions by specific reference to the section number of this Code in the following language:
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“The Council of the City of Milton Hereby Ordain That section ________ of The Code of the
City of Milton, Georgia is hereby amended to read as follows: _________.” The new provision
may then be set out in full as desired.
(c) In the event a new section not theretofore existing in the Code is to be added, the following
language may be used: “The Council of the City of Milton Hereby Ordain That The Code of the
City of Milton, Georgia is hereby amended by adding a section (or article or chapter) to be
numbered ________, which said section (or article or chapter) reads as follows: _________.”
The new section (or article or chapter) may then be set out in full as desired.
(d) All sections, articles, chapters, or provisions desired to be repealed shall be specifically
repealed by section, article or chapter number, as the case may be.
Section 6: Supplementation of Code
(a) By contract or by city personnel, supplements to this Code shall be prepared and printed
whenever authorized or directed by the council. A supplement to the Code shall include all
substantive, permanent and general parts of ordinances passed by the council or adopted by
initiative and referendum 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. 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.
Charter amendments may be included in like manner.
(b) In the preparation of 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 codifier (meaning the person, agency or
organization authorized to prepare the supplement) may make formal, nonsubstantive 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 codifier 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;
(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 ________ through ________”
(inserting section numbers to indicate the sections of the Code which embody the substantive
sections of the ordinance incorporated into the Code); and
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(5) Make other nonsubstantive changes necessary to preserve the original meaning of
ordinance sections inserted into the Code; but, in no case shall the codifier make any change in
the meaning or effect of ordinance material included in the supplement or already embodied in
the Code.
Section 7: Provisions Considered as Continuation of Existing Ordinances
The provisions appearing in this Code, so far as they are substantially the same as
ordinances existing at the time of the effective date of this Code, shall be considered
continuations thereof and not as new enactments.
Section 8: Altering Code, Ordinance or Other Public Document
(a) It shall be unlawful for any person in the city to change or amend by additions or deletions,
any part of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with
such Code in any manner whatsoever which will cause the law of the city to be misrepresented
thereby.
(b) It shall be unlawful for any person to deface, mutilate, or in any other manner alter any
ordinance book or minute book, or any notice posted by the city for the benefit of the public, or
any other document or record of the municipal government of the city.
Section 9: Certain Ordinances Not Affected by Code
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or
otherwise affect the validity of any of the following:
(a) Any rates, fees or charges consistent with this Code;
(b) Any ordinance promising or guaranteeing the payment of money for the city, or authorizing
the issuance of any bonds for the city or any evidence of the city’s indebtedness, or any contract
or obligation assumed by the city;
(c) Any ordinance consistent with this Code prescribing traffic regulations for specific locations,
such as prescribing through streets, parking limitations, parking prohibitions, one-way traffic or
limitations on loads of vehicles or loading zones;
(d) Any ordinance consistent with this Code fixing salaries of, or providing policies and
programs for, providing retirement, disability or death benefits for, officials, officers or
employees of the city;
(e) Any budget ordinance or appropriation ordinance; any ordinance levying any tax;
(f) Any right or franchise granted by any ordinance or resolution;
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(g) Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing,
paving, widening or vacating any street or public way in the city;
(h) Any ordinance establishing and prescribing the street grades of any street in the city;
(i) Any ordinance providing for local improvements or assessing taxes therefor;
(j) Any ordinance dedicating or accepting any plat or subdivision in the city;
(k) Any ordinance establishing or changing the boundary of the city;
(l) Any zoning ordinance or any ordinance regulating subdivisions or any ordinance regulating
signs or any ordinance regulating building design standards;
(m) Any resolution of the city not in conflict with this Code;
All such ordinances are hereby recognized as continuing in full force and effect to the same
extent as if set out at length in this Code.
Section 10: Effect of References to Prior Code Sections
References in city forms, documents, citations and regulations to the chapters and
sections of the former city code shall be constructed to apply to the corresponding
provisions contained within this Code.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: October 21, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: An Ordinance Adopting Chapter 2, Administration, of the City of Milton Code of
Ordinances
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting Chapter 2, Administration, of the City of Milton Code of
Ordinances.
Background:
The City’s Code of Ordinances, combined with the City’s Charter (House Bill 1470) become the
backbone of policy for the government. In adopting the code of ordinances, eighteen (18) chapters have
been initially designated. All chapters will be codified through a publication process, anticipated in the
second fiscal year of operation. Included within the codification process is the publication of the charter
and code of ordinances on the City’s website.
Discussion:
Chapter 2, Administration, pertains largely to administrative guidelines and functions of the organization.
Although much of this information is present in the City’s charter, Chapter 2 is designed to further define
the information presented in the charter, or to add clarification and/or further definition. This chapter
includes four (4) sections which were developed to compliment the charter. The sections include the
following:
Article 1 – General Provisions – includes the definition of meeting times as the first and third
Thursdays of the month at 5:30 p.m., the City’s compliance with state law, i.e. Open Records and the
Public Meetings Act, and allows the Mayor and City Council to issue subpoenas when necessary;
Article 2 – Personnel – prescribes that a personnel manual/employee handbook will be completed and
approved by the Mayor and City Council. Specifically this document is to include the categorization of
employees, job descriptions, benefits, and employee records;
Article 3 – Boards, Commissions, and Authorities – provides further clarification and definition of Article
IV, Administrative Affairs, Section 4.11, Boards of the City’s charter; and
Article 4 – City Departments – establishes seven (7) primary City departments including the following:
Mayor and City Council; City Manager’s Office; City Treasurer’s Office and Department of Operations;
City Clerk’s Office and Municipal Court; Community Development; Community Services; and Public
Safety.
This chapter was formulated through the review of industry best practices, and through surrounding
jurisdictions.
Alternatives: N/A
Concurrent Review: N/A
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 2, ADMINISTRATION, AND
PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 2 (ADMINISTRATION) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Administration is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 2 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective on December 1, 2006.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 5
Chapter 2: Administration
Article 1: General Provisions
Section 1: Meeting Times
(a) As described in the City of Milton Charter, Article III, Organization of Government,
General Authority and Ordinances, Section 3.13, Meetings, the Council shall meet on the first
and third Thursday of the month at 5:30 p.m. The Council may designate alternative meeting
times and days so long as the time is published either electronically on the City website or
through other means, including posting at the building designated as City Hall at least 24 hours
before the meeting.
(b) If the regular meeting falls on a City observed holiday, the Council may reschedule the
meeting to the next Thursday, or any day which is conducive to a meeting, and publish the time
change as described in subsection (a) of this section.
(c) Special meetings may be called in accordance with the Charter, Article III, Organization of
Government, General Authority and Ordinances, Section 3.13, Meetings.
(d) Any meeting of the Council may be continued or adjourned from day to day, or for more
than 1 day, but no adjournment shall be for a longer period than until the next regular meeting
thereafter.
(e) The initial meeting of the Council shall occur on November 14, 2006.
Section 2: Compliance with State Law
(a) All meetings shall be held in accordance with the Georgia Open and Public Meetings Act
codified at O.C.G.A. § 50-14-1 et seq.
(b) All City records subject to the Georgia Open Records Act, codified at O.C.G.A. 50-18-70
et seq, shall be available to the public. The City Clerk shall comply with any valid requests
under the Georgia Open Records Act and prepare any materials requested.
Section 3: Document Retention
Pursuant to the Georgia Records Act, O.C.G.A. § 50-18-90 et seq, and the Record
Retention Policy within the Financial Management Program, the City of Milton adopts the
records management plan and record retention schedules recommended by the Georgia
Secretary of State as amended from time to time by future ordinances of the Mayor and Council
of the City of Milton. Pursuant to the Record Retention Policy within the Financial
Management Program, the City Clerk shall coordinate all records management for the City
including storage, archiving, and destruction of records. Records shall be maintained according
to approved retention schedules. All requests made under the Georgia Open Records Act,
O.C.G.A. § 50-18-70 et seq, excepting standardized routine requests of the City of Milton
Police Department, the City of Milton Fire Department, and the City of Milton Municipal Court
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shall be made to the City Clerk. No record shall be destroyed except as provided in the
approved Record Retention Policy; provided, however, a written record may be destroyed if it
is otherwise preserved by means of microfiche, scanning, or other reliable photographic or
digital means as permitted by law.
Section 4: Fees
The City Clerk shall charge the full amount permitted by Georgia law to copy the
records subject to the Georgia Open Records Act. If compilation and replication of such
documents takes more than fifteen (15) minutes, the City Clerk may charge an additional
reasonable administrative charge.
Section 5: Subpoenas
(a) The Council, when sitting as a judicial or quasi-judicial body pursuant to public law, its
charter, or its ordinances, shall compel the attendance of witnesses by subpoena under the same
rules as prevail in the superior courts, and any witness who shall fail to respond to the
subpoena, or who shall refuse to testify under oath, shall be guilty of contempt.
(b) The subpoenas as authorized in the preceding section shall bear witness in the name of the
Mayor; shall be issued by the City Clerk; and shall be served by the Chief of Police, any police
officer, or by such other person as the Mayor may designate.
(c) Should any person fail to respond to a subpoena of the Council, after having been lawfully
served, without good cause, or should the person refuse to testify under oath, then the Council
shall hold the person in contempt, and, in their discretion, punish the person by the imposition
of a fine according to the maximum allowed by state law. Each of the failures or refusals herein
described shall constitute a separate contempt.
Section 6: Reimbursement and Travel
(a) The Mayor and Council Members shall be reimbursed for their own reasonable expenses
consistent with the Elected Officials Expenditure Policy within the Financial Management
Program.
(b) The City shall reimburse the Mayor or Council members for travel expenses consistent
with the Elected Officials Expenditure, Travel and Meal Expenditure, and Expense/Expenditure
Policies of the Financial Management Program.
Article 2: Personnel
Section 1: Personnel Manual
The City Manager shall establish a personnel manual for all municipal employees. In
addition to sections deemed necessary by the City Manager, the manual shall include policies
regarding equal employment opportunity, nondiscrimination, and sexual harassment. The
manual will be updated from time to time as required by federal and state laws.
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Section 2: Employees
(a) In general, municipal employees shall be categorized as full-time, part-time or by terms
decided by contract with the City. Employees will be paid on a schedule consistent with the
operating cycle of the organization.
(b) The City Manager shall have the authority to enter into contractual employment
relationships between the City and third parties. The terms of these third party contracts will be
established by the contract at the time of hiring. Procurement of such relationships shall be
made in accordance with the City’s Purchasing Policies within the Financial Management
Program.
Section 3: Job Descriptions
The City shall maintain a job specification for each position held by a Municipal
Employee. The City may provide a job specification for contracted positions. Such
specification shall describe the duties of the position, the qualifications necessary, licenses
required, to whom such employee reports, expected salary range, and such other information as
is necessary to recruit for such position effectively. Such specifications may be amended from
time to time by the City Manager.
Section 4: Benefits
It shall be the policy of the City of Milton to attract and retain a qualified workforce
through the provision of a comprehensive package of benefits. To that end, the City shall be
authorized to contract with benefits providers for the purpose of providing insurance,
retirement, pension plans and other benefits deemed necessary by the Council upon approval of
the Personnel Policies by the City Council. Eligibility for benefits shall be specified in the
Personnel Manual. The cost of benefits to employees shall be specified in the annual financial
plan, as adopted by ordinance for the City.
Section 5: Records
The City shall keep such records and make such reports as may be required by
applicable state or federal laws or regulations.
Article 3: City Advisory Boards, Commissions, and Authorities
Section 1: Authorization
The Council may establish boards, commissions, and authorities pursuant to the City’s
Charter, Article IV, Administrative Affairs, Section 4.11, Boards. The City Manager or a
designee shall oversee the meetings of each board, commission, or authority and is an ex-
officio, non-voting, member of each.
Section 2: Duties
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(a) Each board, commission, or authority shall, from time to time, propose policies and
ordinances to the Council in the subjects germane to the board, commission, or authority.
(b) This section shall not be interpreted to require Committee approval for a measure to be
heard before the Council.
(c) Members must attend two-thirds of meetings in a calendar year. Failure to do so warrants
removal from the Committee by the Council.
Section 3: Membership
(a) Except as provided in subsection (b) below, the Council shall establish qualifications for
members of each board, commission, or authority. Each member of a board, commission, or
authority, other than members of the Council, shall be nominated in accordance with Article
IV, Administrative Affairs, Section 4.11, Boards.
(b) Each board, commission, or authority member must be a resident of the City of Milton.
Should the Committee member move out of the City, he or she may remain active until the
Mayor and Council appoint his or her replacement.
Section 4: Terms
(a) Each board, commission, or authority member shall serve a specified term pursuant to
Article IV, Administrative Affairs, Section 4.11, Boards. Should no term specification be
provided during the creation of a board, commission, or authority, no member shall serve for
more than four (4) years. Consecutive terms are permissible.
Section 5: Compensation
Board, commission, or authority members shall be compensated in accordance with
Article IV, Administrative Affairs, Section 4.11. Should no compensation be provided during
the creation of a board, commission, or authority, members of such boards, commissions, or
authorities shall serve without compensation.
Section 6: Quorum
A majority of actual Committee members establishes a quorum. Any action taken
requires a majority of affirmative votes of the quorum present.
Section 7: Procedure
(a) Each of the boards, commissions, or authorities shall make its own rules of procedure and
determine its time of meetings. The date and time of each meeting as well as agenda items to be
considered shall be publicized in the same manner as meetings of the Mayor and Council.
(b) All meetings at which official action is taken shall be open to the public and all records
maintained by the board, commission, or authority shall be public records unless expressly
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excepted by a provision of the Georgia Open Records Act. The boards, commissions, and
authorities shall keep minutes of their formal proceedings, showing the vote of each member
upon each question; and records of their examinations and other official actions, all of which
shall be filed in the office of the City Clerk. Copies of the minutes shall be made available to
the Mayor and each member of the City Council. The minutes of the meetings shall be a public
record. This section shall not be construed as prohibiting closed sessions when permitted by the
Georgia Open Meetings and Open Records Acts.
(c) Expenditures of boards, commissions, or authorities, if any, shall be within the amounts
appropriated for the purpose intended by the Mayor and Council during the annual budgeting
process.
Section 8: Training
The Council may establish a mandatory training program for members of any board,
commission, or authority.
Article 4: City Departments
Section 1: Authorization
The following departments are hereby established by the Council:
(a) Mayor and City Council;
(b) City Manager’s Office;
(c) City Treasurer’s Office and Department of Operations;
(d) City Clerk’s Office and Municipal Court;
(e) Community Development;
(f) Community Services; and
(g) Public Safety.
Section 2: Right of Contract
The City may contract with third parties to provide all or portions of the functions of
any municipal department.
Section 3: Oversight
(a) At the election of the City manager each department shall have a Department Head or its
equivalent. That Department Head shall be responsible for the day-to-day management of each
department and shall report and make recommendations to the City Manager from time to time.
(b) The City Manager or his designate shall supervise each department.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk/Clerk of Court
Date: October 24, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: An Ordinance Adopting Chapter 3, Elections, of the City of Milton Code of Ordinances
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting Chapter 3, Elections, of the City of Milton Code of Ordinances.
Background:
The City’s Code of Ordinances, combined with the City’s Charter (House Bill 1470) become the
backbone of policy for the government. In adopting the code of ordinances, eighteen (18) chapters have
been initially designated. All chapters will be codified through a publication process, anticipated in the
second fiscal year of operation. Included within the codification process is the publication of the charter
and code of ordinances on the City’s website.
Discussion:
Chapter 3, Elections
Elections, Article 1 General Provisions, includes five (5) sections:
Article 1 - General Provisions provides for compliance with State Law, Georgia Election Code codified.
General Elections and Special Elections shall be held according to the City Charter, Article
II, Government Structure. The City Manager shall appoint the Municipal Superintendent in
accordance with State Law. The City of Milton shall coordinate all elections with the Fulton
County Board of Elections.
Elections, Article 2, Candidate Qualifications, includes four (4) sections:
Article 2- Candidate Qualifications and filing of the Notice of Candidacy shall meet the requirements
outlined in the City Charter, Article II, Governments Structure, Section 2.11, Elections and
shall be in compliance of State Law. This section also covers fees, which is 3% of the total
salary of the office sought deposited into the City Treasury, and provisions for a pauper’s
affidavit and withdrawal.
Elections, Article 3, Voting, includes two (2) sections:
Article 3 - The City Council shall provide by contract for the use of the County voter registration list of
eligible voters in accordance to O.C.G.A. § 21-2-227. Absentee Ballots will be in a method
consistent with Georgia law.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
Elections, Article 4 - Voting Records, includes one (1) section:
Article 4 - Voting records and documents shall be made available in accordance with Georgia law.
This chapter was formulated through the review of industry best practices, and through surrounding
jurisdictions.
Alternatives: N/A
Concurrent Review: N/A
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 3, ELECTIONS, AND
PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 3 (ELECTIONS) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Elections is hereby adopted and approved; and
is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 3 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective December 1, 2006.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 2
Chapter 3: Elections
Article 1: General Provisions.
Section 1: Compliance with State Law.
All elections and challenges thereto shall be in compliance with the Georgia Election Code
codified at O.C.G.A. Chapter Two, Title Twenty-One.
Section 2: General Elections.
In accordance with Article II, Government Structure, Election, and Removal, Section 2.11
Elections, of the Charter, general municipal elections shall be held on the Tuesday next
following the first Monday in November.
Section 3: Special Elections:
Special elections shall held as needed according to the City Charter Article II, Government
Structure, Election, and Removal, Section 2.11, Elections, and Title 21 of the Official Code
of Georgia Annotated.
Section 4: Superintendents.
The City Manager shall appoint the Municipal Superintendent in accordance with O.C.G.A. §
21-2-70.1. The Council shall provide for the Superintendent in accordance with O.C.G.A. §
21-2-71.
Section 5: Conducting Elections.
The City of Milton shall coordinate all elections with the Fulton County Board of Elections
and Registration. The City may contract or otherwise decide by agreement with the Fulton
County Board of Elections and Registration for that Board to coordinate and conduct all
elections in the City of Milton.
Article 2: Candidate Qualifications.
Section 1: Candidate Requirements.
Candidates for Mayor and City Council shall meet the requirements as outlined in the City
Charter, Article II, Government Structure, Election, and Removal, Section 2.11, Elections.
Section 2: Notice of Candidacy.
Filing of notice of candidacy for municipal office shall be conducted in accordance with
O.C.G.A. § 21-2-132 as amended, and the City’s Charter, Article II, Government Structure,
Election, and Removal, Section 2.11, Elections. The qualifying period shall commence no
Page 2 of 2
earlier than 8:30 a.m. on the last Monday in August immediately preceding the general
election and shall end no later than 4:30 p.m. on the following Friday. In special elections,
the qualifying period shall commence no earlier than the date of the call and shall end no
later than 25 days prior to the election.
Section 3: Fees.
(a) Except as provided in subsection (b) below, each candidate shall pay a fee of 3
percent of the total salary of the office sought. Such fee shall be deposited into the
City Treasury.
(b) A pauper’s affidavit may be filed in lieu of the qualifying fee in accordance with
O.C.G.A. § 21-2-132.
Section 4: Withdrawal.
Any candidate may withdraw his name as a candidate prior to October 15th of the election
year. No refund will be made to any candidate for the fee remitted to qualify for office.
Article 3: Voting.
Section 1: Electors To Be Registered By County.
The City Council shall provide by contract for the use of the County voter registration list.
Any person who is a resident of the City and who is registered as an elector with the County
shall be eligible to vote in any municipal primary or election, in accordance with O.C.G.A. §
21-2-227.
Section 2: Absentee Ballots.
Voting by absentee ballots in a method consistent with Georgia law shall be permitted in
municipal elections, in accordance with O.C.G.A. § 21-2-380.
Article 4: Voting Records.
To the extent required by O.C.G.A. § 21-2-72, voting records and documents shall be made
available in accordance with that statute. The maintenance of said records shall be kept in
compliance with O.C.G.A. § 21-2-73.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk/Clerk of Court
Date: October 24, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: An Ordinance Adopting Chapter 4, Municipal Court, of the City of Milton Code of
Ordinances
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting Chapter 4, Municipal Court, of the City of Milton Code of
Ordinances.
Background:
The City’s Code of Ordinances, combined with the City’s Charter (House Bill 1470) become the
backbone of policy for the government. In adopting the code of ordinances, eighteen (18) chapters have
been initially designated. All chapters will be codified through a publication process, anticipated in the
second fiscal year of operation. Included within the codification process is the publication of the charter
and code of ordinances on the City’s website.
Discussion:
Chapter 4, Municipal Court
Municipal Court, Article 1 General Provisions, includes six (6) sections:
Article 1 - General Provisions is in accordance with Article V, Judicial Branch, Section 5.10, Municipal
Court of the City Charter creating the Municipal Court. Section 5.11 outlines the provisions
for municipal court judges. This article provides for additional personnel such as the Clerk of
the Court, execution of warrants and other writs in furtherance of the court’s jurisdiction and
orders. Other personnel are a bailiff, solicitor, indigent defense, and translator. Court
sessions shall be determined by the Clerk of the Court, as court administrator, to keep the
dockets current. Court fees are in accordance with Article V, Judicial Branch, of the
Charter. The Council shall set City fines for violations of City ordinances.
Municipal Court, Article 2, Trials and Judgments, includes five (5) sections:
Article 2 - The Municipal Court Judges shall adopt specific rules of procedure which must be approved
by the Mayor and City Council and shall not be inconsistent with the laws of Georgia or the
Constitution of the United States. The Court may find persons in contempt of court in
accordance Section 5.13 of the Charter. Fines will be collected as provided by law. The
Municipal Court shall have the discretion to enter fines consistent with the Code of
Ordinances and Georgia and federal law. Persons charged with traffic violations or other
offenses may, prior to the time of their court appearance, plead guilty in writing and pay to
the City their fine the amount set as the appearance bond for the offense charged. Persons
under the influence of alcohol or drugs and other serious offenses, as determined by the
Municipal Court Judge, shall be required in all cases to appear before the court for
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
disposition of the case. The Municipal Court may impose sentence of confinement,
compulsory work, or both; suspend the execution of the sentence in whole or in part; place
the defendant on probation; or defer the execution of the sentence or any portion or portions
thereof to one or more fixed dates in the future. The court may punish for violations within
its jurisdiction not exceeding a fine allowable by State law or imprisonment for not exceeding
State law, or both; except as otherwise provided by this Code of Ordinances or State law. All
appeals from Municipal Court decisions, by right of certiorari, to the Superior Court of
Fulton County under the laws of Georgia regulating the granting and issuance of writs of
certiorari.
Municipal Court, Article 3, Bail, includes four (4) sections:
Article 3 - Bail and bond considerations must be consistent with Article V of the Charter and laws of the
State of Georgia. Minor traffic offenses shall be released in lieu of bail pursuant to
O.C.G.A. § 17-6-11 and does not apply to any charge of driving under the influence or other
serious offenses. Persons charged with parking violations shall be released on their own
recognizance. No professional bondsman shall be accepted as surety on a bail bond unless
he holds a current business license in the City, is approved by the Chief of Police, and has
fully complied with other City requirements for bonding companies. If the accused or a
witness shall fail or refuse to give the bond and security the person so failing or refusing may
be confined or kept under guard so as to be present to abide the trial or to testify as the case
may be.
Municipal Court, Article 4, Court Procedures, includes five (5) sections:
Article 4 - Any member of the department of police, the solicitor, or assistant solicitor of the municipal
court, in all cases where a complaint is made or information is obtained of any violation of
any provision of this Code or other laws or ordinances of the City, shall issue a summons,
directed to the accused, requiring the accused to appear before the municipal court to answer
this charge. It shall be unlawful for any defendant lawfully summoned to answer charges in
the municipal court to either fail, neglect, or refuse to appear at the time and place specified
in the summons or fail to provide a satisfactory explanation for this absence. The trial may
be continued and court shall issue an order requiring the police chief or other members of the
department to arrest the defendant and bring the defendant before the court. The Clerk of
the Municipal shall issue subpoenas whenever the attendance of any witness may be required.
If any person lawfully summoned as a witness before the court shall fail, neglect, or refuse to
attend the trial or fail to provide a satisfactory explanation for this absence, the person may
be cited for contempt and be fined in a sum not to exceed the maximum amount allowed by
State law. Any person who, during a sitting of the municipal court, shall be guilty of
contempt of court or who refuses to abide by any order of the court or sentence may be
punished as provided by Article V, Section 5.13 of the Charter.
This chapter was formulated through the review of industry best practices, and through surrounding
jurisdictions.
Alternatives: N/A
Concurrent Review: N/A
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 4, MUNICIPAL COURT, AND
PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 4 (MUNICIPAL COURT) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Municipal Court is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 4 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective on December 1, 2006.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 5
Chapter 4: Municipal Court
Article 1: General Provisions
Section 1: Creation of the Court
In accordance with Article V, Judicial Branch, Section 5.10, Municipal Court of the
Charter, the City hereby creates the Municipal Court of the City of Milton. The powers and
jurisdiction of said Court are described in Article V, Judicial Branch of the Charter.
Section 2: Judges
(a) In accordance with Article V, Judicial Branch, Section 5.11, Judges, the Council shall
appoint a chief judge and such part-time, full-time, or stand-by judges as needed by ordinance.
Compensation shall be fixed by the Council.
(b) The Municipal Court Chief Judge shall serve a term of four (4) years, coincident with the
term of the mayor and may be reappointed to consecutive terms thereafter.
(d) Judges appointed for the Municipal Court may be removed from office in accordance with
Article V, Judicial Branch, Section 5.11, Judges by a vote of five members of the city council or
upon action taken by the Judicial Qualification Commission.
(e) Municipal Court Judges, in addition to the powers conferred upon them by the Charter, shall
have the powers as conferred upon Magistrates by O.C.G.A. 15-10-2 and O.C.G.A.36-32-3.
Section 3: Additional Personnel
(a) Clerk of the Court. The City Manager shall appoint the Municipal Court Clerk, who shall
serve at the pleasure of the City Manager. The Clerk of the Court shall also serve as
Administrator of the Court.
(b) Police Officers of the City of Milton Police Department, the Fulton County Police
Department, or the Fulton County Sheriff’s Department or any other law enforcement officer
may execute warrants and other writs in furtherance of the Court’s jurisdiction and orders.
(c) Bailiff. At least one Police Department Officer or Officer from the Fulton County Sheriff’s
Department will serve as a Bailiff whenever the Municipal Court is in session.
(d) Solicitor. In accordance with Section 4.12 of the Charter, the City Attorney may be the
prosecuting officer or solicitor in the Municipal Court. The City Council may also, from time to
time, appoint and contract with other attorneys who are members of the State Bar of Georgia to
serve as a prosecuting attorney in Municipal Court. The compensation of said attorney or
attorneys shall be determined by the Council.
Page 2 of 5
Section 4: Additional support
(a) Indigent Defense. The City of Milton shall provide indigent defendants with counsel as
provided by state law.
(b) Translator. The City of Milton may provide translation services as required by state law.
Section 5: Court Sessions
The Court shall be in session at such times and dates as determined by the Clerk of the
Court, as court administrator, to keep the dockets current.
Section 6: Court Fees
(a) In accordance with Article V, Judicial Branch, of the Charter, the council has authority to
establish a schedule of reasonable fees to defray the cost of operation of the municipal court.
(b) The Council shall set City fines for violations of City ordinances.
Article 2: Trials and Judgments
Section 1: Rules
The Municipal Court Judges shall adopt specific rules of procedure which must be
approved by the Mayor and City Council. No rules shall be inconsistent with the laws of Georgia
or the Constitution of the United States. Such rules shall be made available on the City website
or by other means determined by the Council.
Section 2: Contempt of Court
The Court may find persons in contempt of court and punish said persons in accordance
with Section 5.13 of the Charter.
Section 3: Fines
(a) For fines that may be due by any defendant, execution may be issued by the Court Clerk and
collected as provided by law. The Municipal Court shall have the discretion to enter fines
consistent with this Code of Ordinances, Georgia and federal law.
(b) Persons charged with traffic violations or other offenses as specified by the judge may, prior
to the time for their court appearance, plead guilty in writing and pay to the City as their fine the
amount set as the appearance bond for the offense charged. Those persons charged with driving
under the influence of alcohol or drugs and other serious offenses, as determined by the
Municipal Court Judge, shall be required in all cases to appear before the court for disposition of
the case.
Page 3 of 5
Section 4: Sentences
In addition to any applicable fines, and upon a judgment or plea of guilty or pre-trial
diversion, the Municipal Court Judge may impose sentence of confinement, compulsory work, or
both; commit the defendant to confinement, compulsory work or both; suspend the execution of
the sentence in whole or in part; place the defendant on probation; or defer the execution of the
sentence or any portion or portions thereof to one or more fixed dates in the future. The court
may punish for violations within its jurisdiction not exceeding a fine allowable by state law or
imprisonment for not exceeding state law, or both; except as otherwise provided by this Code of
Ordinances or State Law.
Section 5: Appeals
Unless specified elsewhere in the Code or Charter, all appeals from decisions of the
Municipal Court shall be appealable, by right of certiorari, to the Superior Court of Fulton
County under the laws of Georgia regulating the granting and issuance of writs of certiorari.
Article 3: Bail
Section 1: General Provisions
Bail and bond considerations must be consistent with Article V, Judicial Branch, of the
Charter and laws of the State of Georgia.
Section 2: Minor Traffic Offenses
(a) Pursuant to O.C.G.A. § 17-6-11 any person cited for a traffic offense shall be released in
lieu of bail upon showing his or her drivers license. This provision does not apply to any charge
of driving under the influence or other serious offenses designated by the municipal judge.
(b) All persons arrested or notified by citation or ticket of parking violations shall be released
on their own recognizance.
Section 3: Professional Bondsmen
No professional bondsman shall be accepted as surety on a bail bond unless he
holds a current business license in the City, is approved by the Chief of Police, and has fully
complied with all other City requirements for bonding companies.
Section 4: Failure or Refusal to Give Bond
If the accused or a witness shall fail or refuse to give the bond and security as
required under this Article, the person so failing or refusing may be confined or kept under
guard, so as to be present to abide the trial or to testify as the case may be.
Page 4 of 5
Article 4: Court Procedures
Section 1: Issuance of summons
Any member of the department of police, the solicitor or assistant solicitor of the municipal
court, in all cases where a complaint is made or information is obtained of any violation of any
provision of this Code or other laws or ordinances of the city, shall issue a summons, directed to the
accused, requiring the accused to appear before the municipal court to answer this charge. The
summons shall designate the time and place of trial and shall be signed by the member of the
department of police, solicitor, or assistant solicitor issuing it, and a copy thereof shall be served
upon the accused either personally or by leaving the copy at the accused's place of residence.
Section 2: Failing to appear to answer summons
It shall be unlawful for any defendant lawfully summoned to answer charges in the municipal
court to either fail, neglect, or refuse to appear at the time and place specified in the summons or fail
to provide a satisfactory explanation for this absence. The trial may be continued to such time as the
municipal court may direct, and the court shall issue an order requiring the police chief or other
members of the department of police to arrest the defendant and bring the defendant before the court
to answer both the initial charges and the charge for failing to appear at trial. The chief of
corrections shall keep the defendant in custody until the defendant is brought before the court, unless
the defendant posts bond for appearance, as provided by law.
Section 3: Issuance of subpoenas
Whenever the attendance of any witness may be required before the municipal court to
establish any fact, the clerk of the municipal court shall issue a subpoena directed to the witness,
stating the time and place of trial and the parties to the case, which shall be served as other process
by the police chief or other police officers.
Section 4: Witness failing or refusing to obey subpoena.
If any person lawfully summoned as a witness before the municipal court shall fail, neglect,
or refuse to attend the trial for which the person has been summoned or fail to provide a satisfactory
explanation for this absence, the person may be cited for contempt and be fined in a sum not to
exceed the maximum amount allowed by state law. If the cause is continued because of the absence
of this person, the court may issue attachment against the person requiring the person to show cause
on the day appointed for trial why the person should not be cited for contempt. The police chief or
other police officer shall, by virtue of the attachment, arrest the person and keep the person in
custody until the person is brought before the court, unless the person posts bond for appearance, as
provided by law.
Section 5: Contempt
Page 5 of 5
Any person who, during a sitting of the municipal court, shall be guilty of contempt of court
or who refuses to abide by an order of the court or sentence, may be punished as provided in Article
V, Judicial Branch, Section 5.13, Powers of the Charter.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: October 21, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: An Ordinance Adopting Chapter 5, Animal Control, of the City of Milton Code of
Ordinances
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting Chapter 5, Animal Control, of the City of Milton Code of
Ordinances.
Background:
The City’s Code of Ordinances, combined with the City’s Charter (House Bill 1470) become the
backbone of policy for the government. In adopting the code of ordinances, eighteen (18) chapters have
been initially designated. All chapters will be codified through a publication process, anticipated in the
second fiscal year of operation. Included within the codification process is the publication of the charter
and code of ordinances on the City’s website.
Discussion:
Chapter 5, Animal Control, pertains, as its title indicates, to the oversight and governance of animals.
This chapter of the City’s code is expected to be administered by Fulton County, as traditionally the
County manages a contract which outsources this service across all municipalities and unincorporated
areas. At the request of the county, the intergovernmental agreement for such service has been held. This
chapter includes four (4) sections which were developed to compliment the charter. The sections include
the following:
Article 1 – Generally – includes the definition of terms, words, and items found throughout this particular
chapter as well as requiring licenses for animals within the jurisdiction;
Article 2 – Rabies Control - prescribes the guidelines and management of owners responsibilities
pertaining to rabies;
Article 3 – Vicious animals and dangerous or potentially dangerous dogs – provides further clarification
and definition of the state law, O.C.G.A. 4-8-20 on the owning of vicious animals or dangerous dogs; and
Article 4 – Impoundment and redemption – establishes the ability to impound animals running at large,
and for owners to redeem such animals.
This chapter was formulated through the review of industry best practices, and through surrounding
jurisdictions.
Alternatives: N/A
Concurrent Review: N/A
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 5, ANIMAL CONTROL AND
PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 5 (ANIMAL CONTROL) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Animal Control is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 2 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective December 1, 2006.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 16
Chapter 5: Animal Control
Article 1: Generally
The City of Milton may provide and administer the enforcement and oversight of this
Chapter directly by the government, or entered into an intergovernmental agreement with Fulton
County or other neighboring jurisdiction authorizing that government to provide administration,
enforcement and oversight of this Animal Control Ordinance.
Section 1: Definitions
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:
Animal control officer means "dog control officer" and shall refer to an individual employed by
the health department or its designee to perform and execute the provisions of this article, and his
office shall have the power to issue citations in violation of this article, and as deputized by the
Fulton County Police Chief.
Animal control shelter means the facilities operated by the health department or its designee for
the confining of dogs, cats, or other animals impounded under the provisions of this article.
Cat means cat, or any domesticated feline, of either sex, whether vaccinated against rabies or not.
Commercial guard/security dog means any dog that is purchased, leased, or rented and that is
trained to guard, protect, patrol, or defend any commercial property, public or private, upon and
within which it is located.
Current vaccination/license tag means a vaccination/license tag bearing a number which shows
the license is valid for a one- or three-year period. The licensing period runs concurrently with the
vaccination period.
Custodian means any person which has been entrusted with the responsibility and care of a dog,
cat, or other animal by its owner.
Dangerous dog means any dog that according to the records of any appropriate authority:
(1) Inflicts a severe injury on a human without provocation on public or private
property; or
(2) Aggressively bites, attacks, or endangers the safety of humans without provocation
after the dog has been classified as a potentially dangerous dog and after the owner
has been notified of such classification.
Exception: A dog is not considered potentially dangerous or dangerous if it bites a
human:
(1) When being used by a law enforcement officer.
(2) When its owner is being attacked.
(3) Who is a willful trespasser on the property of the owner or who is
committing another tort or crime.
(4) Who has tormented or abused it or who in the past has been observed or
reported to have tormented or abused it.
Page 2 of 16
Dog means dog, or any domesticated canine, of either sex, whether vaccinated against rabies or
not.
Domestic animal/fowl means any animal/fowl domesticated by humans so as to live and breed in
a tame condition for the advantage of humans. Pen raised skunks are categorized as those skunks
acceptable by the State of Georgia and may be kept in Georgia as pets.
Exception means an animal is not considered vicious if it attacks, bites, or menaces:
(1) When being used by a law enforcement officer.
(2) Anyone attacking the owner.
(3) Unlawful trespassers on the property of the owner.
(4) Any person or animal that has tormented or abused it.
(5) If it is defending its young or other animal.
Exotic animal means any animal of any kind which is not indigenous to the State of Georgia, but
not included in the definition of a domestic animal, but shall include any hybrid animal which is
part exotic animal.
Harborer means any person which has provided sustenance and/or shelter to a dog, cat, or other
animal for a period of more than seven days.
Health department means the Commissioner of Health of Fulton County, or his authorized
representatives, which shall include officers or employees of the Atlanta Humane Society so long
as such corporation is under contract with Fulton County.
Livestock means horses, mules, cows, sheep, goats, hogs, and all other animals used or suitable
for either food or labor.
Nuisance means whatever is dangerous or detrimental to human life or health and whatever
renders or tends to render the soil, air, water, or food impure or unwholesome, or unreasonably
offends or impairs the senses of smell, sight, and hearing.
Person means person, firm, corporation, municipality, society, or association.
Potentially dangerous dog means any dog that, without provocation, bites a human on public or
private property at any time.
Records means records of any state, county, or municipal law enforcement agency; records of any
county board of health; records of any federal, state, or local court; or records of an animal
control officer.
Single Premise means A tract of land with the buildings thereon, a building or part of a building
with its appurtenances (as grounds).
Vaccinate means intermuscular injection, by a veterinarian, of a specified dose of anti-rabies
vaccine to an animal, such vaccine having the U.S. government license number of approval
stamped on the label of the vaccine container and having been approved by the state department
of human resources. Vaccine used for vaccination of dogs, cats, or other animals against rabies
shall be refrigerated and kept under proper conditions and shall show no signs of spoilage or
otherwise be unfit for producing immunity against rabies.
Page 3 of 16
Vaccination certificate means a certificate provided by the Georgia Department of Human
Resources and issued at the time of vaccination of the dog, cat, or other animal and bearing
thereon the signature of the vaccinator; the name, color, breed, age, and sex of the dog, cat, or
other animal; the name and address of the owner; the date of expiration of the vaccination; and
the spay or neuter status, if known.
Vaccination/license tag means a metal tag bearing a number which is issued to the animal owner
after showing proof of vaccination for the animal and paying, when required, the license fee. By
virtue of the intergovernmental agreement, this tag is issued on behalf of the City by the health
department or its designee and is provided by the Georgia Department of Human Resources.
Veterinarian means any person who holds a license to practice the profession of veterinary
medicine in the State of Georgia; the veterinary license number shall be the same as that recorded
by the Georgia Board of Veterinary Examiners.
Vicious animal means any animal which, because of temperament, conditioning, or training, has a
known propensity, tendency, or disposition to attack, bite, or injure humans or other animals
without provocation; or an animal which has on one or more occasion caused physical injury to
humans or other animals without provocation, whether on public or private property.
Wildlife/fowl means any animal/fowl of any kind which is indigenous to the State of Georgia, but
not included in the definition of a domestic animal/fowl, and shall include any hybrid animal/fowl
which is part wild animal/fowl.
Section 2: Penalties for violation of article.
(a) Any person who violates the provisions of this article shall be guilty of a misdemeanor and
subject to a fine up to the maximum amount provided for by state law and/or imprisonment in jail
for a period not to exceed the maximum amount provided for by state law, or both. Each and
every violation of the provisions of this article constitutes a separate offense.
(b) Any person who violates the provisions of this article as it pertains to a potentially
dangerous dog will be fined not less than $150.00 for a second conviction, and not less than
$300.00 for a third conviction and/or imprisonment in jail for a period not to exceed six (6)
months, or both.
(c) Any person who violates the provisions of this article as it pertains to a dangerous dog shall
be guilty of a misdemeanor of a high and aggravated nature and will be fined not less than
$500.00 for a second conviction, and not less than $750.00 for a third conviction and/or
imprisonment in jail for a period not to exceed six (6) months or both.
(d) If the owner of a dangerous or potentially dangerous dog fails to comply with Article 3,
Section 1 of this chapter and his/her dog attacks or bites a human, he/she shall be guilty of a
felony and will be subject to a fine of not less than $1,000.00 and/or imprisonment for not less
than one year.
(e) If the owner of a dangerous or potentially dangerous dog knowingly and willfully fails to
comply with Article 3, Section 1 of this chapter and his/her dog aggressively attacks and causes
severe injury to or the death of a human, he/she shall be guilty of a felony. Conviction under these
circumstances will subject the owner to a fine of not less than $5,000.00, and/or imprisonment for
not less than one (1) year.
Page 4 of 16
(f) In addition to subsections (d) and (e) of this section, the animal control officer shall
immediately confiscate the dog and place it in quarantine for a period of time as provided by the
health department and thereafter humanely destroyed.
State law references: Punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum
punishments which may be imposed for violations of City or County ordinances, O.C.G.A. § 36-
1-20(b).
Section 3: Severability.
If any section, subsection, sentence, clause, or provision of this article shall be held
invalid, such part shall be deemed severable, and the invalidity thereof shall not affect the
remaining parts of this article.
Section 4: Courts.
The City of Milton Municipal Court or the courts having general jurisdiction wherein the
City has a contractual agreement for providing animal control services shall hear cases and assess
fines for violations of this article.
Section 5: Enforcement of article.
The Fulton County Health Department, Fulton County Police Department or its designee
shall enforce this article by means of impoundment and court citations.
Section 6: Dog/cat license required.
(a) It shall be the duty of each owner, custodian, or harborer of any dog or cat over four (4)
months of age kept, maintained, or harbored within the territorial boundaries of the City to obtain
a dog/cat license for such dog or cat.
(b) It shall be the duty of all persons owning or having custody of any dog or cat over four
months of age brought into the territorial boundaries of the City to obtain a dog or cat license for
such dog or cat within fourteen (14) days from the date of entry.
Section 7: Vaccination/license tag required.
(a) In order to maintain a centrally located record of all vaccinated dogs, cats, or other animals
kept, maintained, or harbored in the territorial boundaries of the City, the owner, custodian, or
harborer of such dog, cat, or other animal is required to apply to the Fulton County Animal
Control for a vaccination/license tag.
(b) A vaccination/license tag shall be issued upon presentation of a certificate showing that the
dog, cat, or other animal for which the tag is issued has been vaccinated against rabies as
prescribed by this article, provided that the owner, custodian, or harborer of any dog or cat in the
City designated in Section 6 of this Article also make payment of a license fee to be set by the
City Manager. The vaccination/license tag will be available to the public throughout the year and
is issued on behalf of the City by the health department or its designee. The tag shall be valid for
the same period as the time specified by the vaccination.
(c) It shall be the duty of the owner, custodian, or harborer of any dog within the City to affix
such vaccination/license tag to a collar worn by the dog at all times, except that the wearing of a
Page 5 of 16
vaccination/license tag is not required for show dogs where the wearing of such tag could damage
the coat, and except when dogs are boarded in kennels or veterinary clinics, or in an area zoned
for agricultural purposes where the owner or custodian of the dog in question is using the dog for
hunting purposes, and has on his/her person a valid hunting license. In the latter case, the owner,
custodian, or harborer shall have the tag or vaccination certificate in his/her possession where it
may be shown on demand by any duly constituted authority.
(d) Should the vaccination/license tag become lost, misplaced, or stolen, it shall be the duty of
the owner, custodian, or harborer of the dog or cat to obtain a replacement tag at a cost set by the
City Manager.
(e) It shall be unlawful for any person to attach a vaccination/license tag to the collar of any
animal for which it was not issued, or to remove a vaccination/license tag from any animal
without the consent of the owner or custodian.
Section 8: Special permits.
(a) Each premises where there are four (4) or more dogs over the age of four months kept,
maintained or harbored for a period of fourteen (14) days or longer, shall be deemed to constitute
a kennel. The owner or person in possession of the premises where the kennel is located shall be
required to apply to the Fulton County Animal Control for a special permit. Other permits as may
be required by the Milton Zoning Ordinance, Article 19.3.19 and 19.4.24 relating to kennels must
also be obtained before operating a kennel.
(b) A special permit will be issued upon payment of an annual fee set by the City Manager and
proof that the premises and dogs covered by the special permit meet the requirements set out in
this article.
(c) The special permit will be valid for one (1) year from the date of issue, provided it is not
revoked during the year for violations of this article. Application to renew a special permit must
be made at least fourteen (14) days prior to the expiration of the existing permit.
(d) Individual license tags will be issued for each dog located in such a kennel, and a separate
tag fee over and above the annual special permit fee will not be required.
(e) All commercial kennels which are subject to a business license fee shall be exempt from the
annual special permit fee.
Section 9: Cruelty to animals.
(a) It shall be unlawful for any person to overload, poison, cruelly treat, maim, tease, bruise,
deprive of necessary sustenance or medical attention, improperly use, deprive of shade and
shelter, or in any manner whatsoever, torture, kill, or abuse any animal.
(b) No person shall abandon any animal on any property, public or private, or keep an animal
under unsanitary conditions.
(c) It shall be unlawful to transport any dog in an open bed truck except when safely confined
in a portable kennel or safely restrained by a harness or tether.
State law references: Dogfighting, O.C.G.A. § 16-12-37; cruelty to animals, O.C.G.A. § 16-12-
4.
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Section 10: Running at large.
(a) Generally. Within the territorial boundaries of the City, the running at large of dogs,
domestic animals, livestock, owned wildlife, exotic animals, dangerous, or potentially dangerous
dogs is prohibited, with the exception of cats. Owners of wildlife or exotic animals must have the
necessary state and/or federal permits on their person when transporting their animals.
(b) Dogs.
(1) It shall be unlawful for the owner, custodian or harborer of any dog to allow or
permit such dog to leave the premises of the owner or other person having custody of the dog
unless such dog is securely under leash; said leash being not more than six-feet long, and under
the control of a competent person. Dogs must be confined to the premises of the owner or other
person having custody of the dog and shall be restrained by means of a fence or wall or other
enclosure, or restrained individually by a leash or chain. Excluded are those dogs participating in
or training for obedience trials, field trials, dog shows, tracking work, or law enforcement. Also,
the requirements of this subsection shall not apply in any area zoned for agriculture where the
owner or person having custody of the dog is at the time in question using the dog for hunting
purposes, and has on his/her person a valid hunting license and proof of vaccination.
(2) An electronic confinement system shall be considered an acceptable enclosure
when the equipment is properly maintained and in continuous working order, and the animal to be
contained within wears the appropriate electronic collar when within the system perimeters.
(3) In cases where an animal has been deemed dangerous by the court, or has been
trained to be a guard dog, an electronic animal confinement system may not be used as either the
primary or secondary enclosure.
(4) Individuals who contain an animal by means of an electronic animal confinement
system and are found to be in violation of this section or have been deemed as restraining a
dangerous animal shall thereafter restrain the animal by means of a fence, wall or other enclosure,
or such animal shall be restrained individually by a leash or chain.
(c) Restraint of domestic animals, livestock, owned wildlife and exotic animals. It shall be
unlawful for the owner, custodian, or harborer of any domestic animal, livestock, wildlife, or
exotic animal, to allow or permit such animal to leave the premises of the owner or other person
having custody of such unless securely under leash, in a carrying case, or restrained by some
other means and under the control of a competent person, with the exception of cats.
(d) Confinement of domestic animals, livestock, owned wildlife, exotic animals, and dangerous
or potentially dangerous dogs. Domestic animals, livestock, owned wildlife, exotic animals, and
dangerous or potentially dangerous dogs shall be securely confined to the premises of the owner
or other person having custody of such by means set forth under the provisions of this article, or
approved by the health department or its designee and/or as required by state or federal
regulations, with the exception of cats.
Section 11: Commercial guard/security dogs.
(a) It shall be the duty of all persons who keep, use, or maintain any guard/security dog to have
signs conspicuously posted on the premises where the guard/security dog is located to warn of the
presence of the dog. This warning shall consist of a warning sign placed at each entrance and exit
Page 7 of 16
to the premises and in a position to be legible from the sidewalk or ground level adjacent to the
sign (eye level). If the premises is not enclosed by a wall or fence, a sign shall be placed at every
entrance and exit to each structure on the premises in which a guard/security dog is located. Each
sign shall measure at least ten inches by fourteen (14) inches and shall contain block lettering
stating "warning, guard dog on duty." In addition, for dogs rented or leased, the sign shall set
forth the name, address, and phone number of the responsible person or persons, to be notified
during any hour of the day or night.
(b) It shall be the duty of any person who keeps, uses, or maintains a guard/security dog to
ensure the dog is vaccinated against rabies and licensed as required by Section 7(b). The dog also
must have the current vaccination tag affixed to a collar worn by the dog at all times as required
by Section 7(c).
(c) It shall be the duty of any person that sells, leases, and/or rents any guard/security dog to be
used within the City to notify the Fulton County Animal Control, of the location and number of
guard/security dogs in use, kept, or maintained at a particular location. The animal control office
shall maintain a record of the location, number of guard/security dogs, and current rabies
vaccination and licensure of all guard/security dogs utilized within the City. The person that sells,
leases, and/or rents a guard/security dog to be used in the City shall furnish the following
information to the Fulton County Animal Control Office:
(1) Name, address, and telephone number of the location where a guard dog is located.
(2) Name, breed, sex, and current license tag information of each guard dog at any
location in the City.
(d) It shall be unlawful to transport any guard/security dog in an open bed truck, and the
vehicle transporting guard dogs shall be identified as to the business owner. It shall be unlawful
to transport any guard dog in the City except under the following conditions:
(1) Each dog shall be placed in separate holding bins.
(2) Each holding bin shall be enclosed and measure forty-eight (48) inches long by
eighteen (18) inches wide by thirty (30) inches high.
(3) Each holding bin will be adequately ventilated.
(e) No guard/security dog shall be chained, tethered, or otherwise tied to any inanimate objects
such as a tree, post, or building, outside of its own enclosure.
(f) A guard/security dog shall be confined by the owner/custodian/harborer within a building or
secure enclosure out of which it cannot climb, dig, jump, or otherwise escape of its own volition.
Section 12: Confinement of female dogs in heat.
It shall be the duty of any owner, custodian, or harborer of any female dog in heat within
the areas designated in Section 6(a), when she is left unattended, to securely confine such dog so
as to prevent contact with another dog except for planned breeding.
State law references: Permitting dogs in heat to run at large, O.C.G.A. § 4-8-6.
Section 13: Skunks and foxes.
(a) All skunks, except pen raised skunks, and all foxes from whatever geographic region
including Alaska and Canada are forbidden to be purchased, sold, owned, possessed, or harbored.
Pen raised skunks and foxes in possession as of July 1, 1987, are grandfathered.
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(b) Pen raised skunks, other than black and white skunks, may be purchased and kept as pets
after securing a permit from the Fulton County Animal Control. The Fulton County Animal
Control is responsible for ensuring that purchasers of pen raised skunks are made knowledgeable
of the proper care, handling, and confinement. No pet store shall allow the purchase of pen raised
skunks without being first presented with the permit issued by the Fulton County Animal Control.
Section 14: Wildlife or exotic animal.
Each owner, custodian, or harborer of any wildlife or exotic animal must obtain all
necessary state and/or federal permits and/or meet all state and/or federal requirements for
keeping such an animal.
Section 15: Nuisances.
(a) Any vicious animal shall be deemed a nuisance. A vicious dog will be exempt as a nuisance
upon classification as a dangerous or potentially dangerous dog as prescribed in Article 3, Section
2 of this chapter.
(b) It shall be unlawful for any person to keep any domestic animal or livestock except under
the following conditions:
(1) Any housing or enclosure used by any domestic animal or livestock 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
department officer or his designee.
(2) A domestic animal or livestock shall be kept at the following minimum distances
from any occupied building except the dwelling unit of the owner. (Exceptions: licensed
veterinary hospitals, commercial kennels, grooming parlors and public or commercial horse
facilities):
TABLE INSET:
Animal Distance (in feet)
Horses, mules, asses, cows, sheep or goats 150
Hogs 900
Dogs (three or more) 25
Rabbits, guinea pigs, hamsters 25
Chickens, turkeys, geese, ducks, pigeons, or similar fowl 25
(3) Except in an area zoned for agriculture, each domestic animal or livestock shall be provided
with the following average minimum floor or ground area in the enclosure or housing in which it
is kept. (Exceptions: licensed veterinary hospitals, commercial kennels, grooming parlors and
public and commercial horse facilities):
Page 9 of 16
TABLE INSET:
Animal Area per Animal
(in square feet)
Horses, mules, asses, cows, sheep, or goats 150
Hogs 150
Dogs 100
Rabbits, guinea pigs, hamsters 4
Chickens, turkeys, geese, ducks, pigeons, or similar fowl 4
(4) Except in the areas zoned for agriculture, the maximum number of domestic animals or
livestock that may be kept on any single premises shall not exceed the following. (Exceptions:
licensed veterinary hospitals, commercial kennels, grooming parlors, and public and commercial
horse facilities):
TABLE INSET:
Animal Maximum Number
Horses, mules, asses, cows 5
Sheep, goats 10
Hogs 10
Dogs, cats 10
Rabbits, guinea pigs, hamsters 75
Chickens, turkeys, geese, ducks, pigeons or similar fowl 75
Section 16: Animals as prizes.
It shall be unlawful to offer as a prize or gift any animal in any contest, raffle, or lottery,
or as an enticement for fundraising or for entry into any place of business.
Article 2. Rabies Control*
*State law references: Control of rabies, O.C.G.A. § 31-19-1 et seq.
__________
Section 1: Vaccination required.
(a) The owner, custodian, or harborer of each dog or cat over four (4) months of age, kept,
maintained, or harbored in any area of the City is required to maintain a current rabies
vaccination on such dog or cat.
(b) It shall be the duty of all persons owning or having custody of any dog or cat over four (4)
months of age brought into the City from outside the City to have such dog or cat vaccinated
within fourteen (14) days from the date of entry, provided that when the owner or person having
custody of the dog or cat produces evidence satisfactory to the health department through its
designee that such dog or cat has a current vaccination, as prescribed by this article, such dog or
cat will not be required to be vaccinated again until the expiration date of the current vaccination.
Page 10 of 16
(c) Only a licensed veterinarian shall be entitled in connection with his/her practice, on the
request of any owner of a dog, cat, or other animal, to vaccinate such dog, cat, or other animal
against rabies, with a vaccine as set forth in the definition of vaccinate in Article 1, Section 1,
provided that at the time of vaccination he furnishes two copies of the vaccination certificate to
the owner, forwards one copy to the Fulton County Animal Control, and maintains one copy for
his/her files.
State law references: Inoculation of dogs and cats against rabies, O.C.G.A. § 31-19-6.
Section 2: Rabies cases to be reported.
It shall be the duty of any person knowing of a rabid animal, or of any animal showing
symptoms of rabies, to immediately report such animal to the health department or its designee
and give as much pertinent information as possible. Any bite by an animal shall be reported to the
health department or its designee. The animal control office, in order to maintain an effective
epidemiological surveillance and control program, shall maintain a record of its rabies related
activities, including investigation and confirmation of rabies in animals in the manner and
frequency stipulated by the health department.
Section 3: Quarantine.
(a) In the event a dog or cat has bitten a human, such animal shall be immediately confined at
the animal control shelter, veterinary hospital, or other such premises deemed acceptable by the
health department or its designee for a period of ten (10) days from the date of the bite to be
observed for symptoms of rabies.
(b) In the event a warmblooded animal other than a dog or cat has bitten a human or other
warmblooded animal, or in the event a warmblooded animal has been bitten by another
warmblooded animal, the recommendations contained in the Rabies Control Manual compiled by
the Georgia Department of Human Resources shall be followed.
(c) All expenses incurred for boarding an animal for the quarantine period as well as other
applicable fees shall be paid by the owner or custodian of the biting animal.
(d) It shall be unlawful for any person, custodian, or harborer to fail to surrender a dog, cat, or
other animal which has bitten a human, upon the sworn statement of the person bitten. Such
animal will be placed under quarantine or submitted for laboratory examination at the discretion
of the health department or its designee. The provisions of this division shall apply, regardless of
whether or not such animal has a current rabies vaccination and tag.
(e) When rabies has been found to exist in any warmblooded animal, or where its existence is
suspected, the health department or its designee may designate a geographical area within which
quarantine of all owned warmblooded animals shall be maintained. Such animals shall be
immediately confined to the premises designated and in a manner approved by the health
department or its designee, whether or not such animals have been vaccinated against rabies.
(f) No warmblooded animal shall be brought into or removed from a quarantined area or
premises without written approval of the health department or its designee.
(g) Quarantine ordered by the health department or its designee shall be maintained for such
period as deemed necessary to protect the public health.
Page 11 of 16
(h) Quarantined areas or premises where rabid animals or animals suspected of having rabies
remain at large, may be posted by the health department or its designee with signs which read as
follows: "Rabies suspected" or "rabies--keep away from animals." Such signs shall be
conspicuously displayed in a place designated by the health department or its designee and shall
not be removed except by the health department or its designee. Such signs shall not be defaced.
(i) The owner, custodian, or harborer of each animal subject to a quarantine invoked by the
health department or its designee under the terms of this article shall be notified of the quarantine,
the particular animals subject thereto, and shall be given such other information as the health
department or its designee deems necessary.
(j) Every animal showing clinical signs of rabies, as determined by the health department or its
designee, shall be immediately destroyed; and/or the heads of all animals suspected of having had
rabies at the time of death shall be submitted to the Epidemiology Office, Department of Human
Resources, for examination by the Department of Human Resources Laboratory.
Article 3: Vicious animals and dangerous or potentially dangerous dogs
*State law references: Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et seq.
Section 1: Precautions to be taken by owners.
(a) No person owning or having custody or control of any dog or other animal known by such
person to be vicious, dangerous, or potentially dangerous shall permit it to run at large, or permit
it to run loose on or within the premises of such person in such a manner as to endanger the life or
limb of any person lawfully entering such premises.
(b) It shall be the duty of every owner of any vicious animal or dangerous or potentially
dangerous dog, or anyone having any such animal in his/her possession or custody, to ensure that
the vicious animal or dangerous or potentially dangerous dog is kept under restraint, as prescribed
in subsections (d), (e), and (f) of this section and that reasonable care and precautions are taken to
prevent the vicious animal or dangerous or potentially dangerous dog from leaving, while
unattended, the real property limits of its owner, custodian, or harborer, and it is securely and
humanely enclosed within a house, building, fence, locked pen, or other enclosure out of which it
cannot climb, dig, jump, or otherwise escape on its own volition. Such enclosure must be securely
locked at any time the animal is left unattended so that children are prevented from entry and to
prevent the vicious animal or dangerous or potentially dangerous dog from escaping.
(c) For owners of a vicious animal or dangerous or potentially dangerous dog whose animal
lives out-of-doors, a portion of their property should be fenced with a perimeter or area fence.
Within this perimeter fence, the vicious animal or dangerous or potentially dangerous dog must
be humanely confined inside a locked 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, a secure top attached to all sides, the sides must be securely set into the ground or onto a
concrete pad, or securely attached to a wire bottom. The gate to the kennel must be locked when
the animal is unattended. This enclosure shall provide protection from the elements.
(d) A vicious animal or dangerous or potentially dangerous dog shall not be upon any street or
public place except when securely restrained by leash not more than six (6) feet in length and
humanely muzzled when appropriate, as determined by the animal control officer, and in the
charge of a competent person.
Page 12 of 16
(e) Whenever outside of its enclosure, as provided for in subsections (b) and (c) of this section,
but on the owner's property, a vicious animal or dangerous or potentially dangerous dog must be
attended by the owner or custodian and restrained by a secure collar, muzzled when appropriate,
as determined by the animal control officer, and on a leash of sufficient strength to prevent
escape.
(f) No vicious animal or dangerous or potentially dangerous dog shall be chained, tethered, or
otherwise tied while unattended by the owner or custodian to any inanimate object such as a tree,
post, or building, outside of its primary enclosure.
(g) A warning sign (i.e., beware of dog) shall be conspicuously posted denoting a vicious
animal or dangerous or potentially dangerous dog on the premises. These signs are exempt from
building permit requirements.
(h) Failure to keep any vicious animal or dangerous or potentially dangerous dog confined or
under restraint as provided for in this section shall be unlawful and shall be punishable as
hereinafter provided.
Section 2: Notice to dangerous or potentially dangerous dog owners.
(a) When an animal control officer classifies a dog as a dangerous or potentially dangerous dog
or reclassifies a potentially dangerous dog as a dangerous dog, the animal control officer shall
notify the dog's owner. The notice shall meet the following requirements:
(1) The notice shall be in writing and mailed by certified mail to the owner's last
known address;
(2) The notice shall include a summary of the animal control officer's findings that
formed the basis for the dog's classification as a dangerous or potentially dangerous dog;
(3) The notice shall be dated and shall state that the owner, within fifteen (15) days
after the date shown on the notice, has the right to request a hearing on the animal control
officer's determination that the dog is a dangerous or potentially dangerous dog;
(4) The notice shall state that the hearing, if requested, shall be before the animal
control hearing board;
(5) The notice shall state that if a hearing is not requested, the animal control officer's
determination that the dog is a dangerous or potentially dangerous dog will become effective for
all purposes on a date specified in the notice, which shall be after the last day on which the owner
has a right to request a hearing; and
(6) The notice shall include a form to request a hearing before the animal control
hearing board and shall provide specific instructions on mailing or delivering such request to the
board.
(b) When the animal control hearing board receives a request for a hearing, as provided in this
section, it shall schedule such hearing within thirty (30) days after receiving the request. The
hearing board will notify the dog owner in writing by certified mail of the date, time, and place of
the hearing, and such notice shall be mailed to the dog owner at least ten days prior to the date of
the hearing. At the hearing, the owner of the dog shall be given the opportunity to testify and
present evidence, and, in addition thereto, the hearing board shall receive such other evidence and
hear such other testimony as the hearing board may find reasonably necessary to make a
determination either to sustain, modify, or overrule the animal control officer's classification of
the dog.
(c) Within ten (10) days after the date of the hearing, the animal control hearing board shall
notify the dog owner in writing by certified mail of its determination on the matter. If such
Page 13 of 16
determination is that the dog is a dangerous or potentially dangerous dog, the notice shall specify
the date upon which that determination is effective.
(d) A certificate of registration to the effect that the dog owner has a dangerous or potentially
dangerous dog shall also be issued by the animal control officer, and is contingent upon the
dog owner presenting to the animal control officer evidence of:
(1) An enclosure as prescribed in Article 3, Section 1(b), (c) for confinement of a
potentially dangerous or dangerous dog;
(2) The proper posting of the premises as prescribed in Article 3, Section 1(g); and
(3) An insurance policy or surety bond in the amount of $15,000.00, insuring the owner
against liability for any personal injuries inflicted by a dangerous dog. This shall
apply to dogs classified as dangerous, only.
(e) An annual fee of one hundred dollars ($100.00) will be charged in addition to regular dog
licensing fees, to register dangerous and potentially dangerous dogs. This registration fee is
subject to change as dictated by the Mayor and City Council. Certificates of registration shall be
renewed on an annual basis. At the time of the annual renewal of a certificate of registration, an
animal control officer shall require evidence from the owner or make such investigation as may
be necessary to verify that the dangerous or potentially dangerous dog is continuing to be
confined in a proper enclosure and that the owner is continuing to comply with other provisions
of this division.
(f) Issuance of a certificate of registration or the renewal of a certificate of registration by the
animal control officer does not warrant or guarantee that the requirements specified in Article 3,
Section 1 are maintained by the owner of a dangerous or potentially dangerous dog on a
continuous basis following the date of the issuance of the initial certificate of registration, or
following the date of any renewal of such certificate.
(g) The owner of a dangerous or potentially dangerous dog shall notify the animal control
officer within twenty-four (24) hours if the dog is on the loose, is unconfined, has attacked a
human, has died, or been sold, stolen or donated. If the dog is sold or donated, the owner shall
also provide the name, address and telephone number of the new owner. If sold or donated to
another resident of the City, the new owner has ten (10) days after taking possession of the dog to
register the dog with the Fulton County Animal Control. If the owner moves with the dog from
one jurisdiction to another within the State of Georgia, the owner shall register the dangerous or
potentially dangerous dog in the new jurisdiction within ten (10) days after becoming a resident.
(h) The owner of a dangerous or potentially dangerous dog who is a new resident of the State
of Georgia shall register the dog as required in this article within thirty (30) days after becoming a
resident.
Article 4: Impoundment and redemption
Section 1: Impoundment of dogs, domestic animals, livestock, owned wildlife, and exotic animals.
(a) Any citizen may pick up and impound any animal running at large in the City, provided
said animal is promptly surrendered to the Fulton County Animal Control to allow the person
having the right of possession an opportunity to reclaim their animal.
(b) Dogs, domestic animals, livestock, owned wildlife, and exotic animals within any of the
following classes may be captured and impounded from the areas noted in Article 1, Section 6(a).
(1) Dogs or cats without a current rabies vaccination.
Page 14 of 16
(2) Dogs or cats without a current City of Milton license.
(3) Dogs not wearing a current vaccination/license tag. This shall include dogs wearing
a tag that was not issued for said dog.
(4) Warmblooded animals which have bitten a human or another warmblooded animal
and warmblooded animals which have been bitten by another warmblooded animal suspected of
having rabies.
(5) Warmblooded animals suspected of having rabies.
(6) Unconfined warmblooded animals in quarantine areas.
(7) Animals whose safety, health, or life is in immediate danger.
(8) Animals whose ownership is unknown.
(9) Dogs, domestic animals, livestock, owned wildlife, or exotic animals roaming at
large, with the exception of cats.
(10) Vicious animals or dangerous or potentially dangerous dogs not properly confined
or restrained as defined in Article 3, Section 1.
(11) Commercial guard/security dogs not properly confined or restrained as defined in
Article 1, Section 11.
(12) Dogs in heat not properly confined as defined in Article 1, Section 12.
(c) No animal shall be exempt from the provisions of this article by virtue of a vaccination, tag,
or certificate.
(d) Any animal control officer empowered to perform any duty under this article is hereby
authorized to go upon any premises to seize for impounding a dog or other animal which the
officer is in immediate pursuit of with the exception of any occupied building into which the dog
or other animal may enter. In the latter case, if the occupant or owner of the premises gives
permission to the animal control officer to enter the premises, the officer may remove said dog or
other animal.
(e) It shall be unlawful for any person to, in any manner, interfere with, hinder, resist, obstruct,
or molest the animal control officer in the performance of his/her duties, or for any person to
remove any animal from the animal control vehicle or animal control shelter without the
permission of the animal control officer.
(f) When the owner of the dog or other animal impounded under the provisions of this article,
can be readily identified and located, the health department or its designee shall notify the owner
of the impoundment. A reasonable attempt to contact the owner shall be satisfied by a telephone
call to the owner's residence, when possible, or a postcard sent to the owner's residence through
the U.S. Postal System.
(g) A dangerous dog shall be immediately impounded by any animal control officer, or by a
law enforcement officer if:
(1) The owner of the dangerous dog does not secure the liability insurance or surety
bond required by Article 3, Section 2(c);
(2) The dangerous dog is not validly registered as required by Article 3, Section 2(c);
or
(3) The dangerous dog is not maintained in a proper enclosure as specified in Article 3,
Section 1(b) or (c).
Any dangerous dog impounded under the provisions of this section shall be returned to its owner
upon the owner's compliance with the provisions of this section, and upon payment of reasonable
impoundment costs. In the event the owner has not complied with the provisions of this section
within twenty (20) days of the date the dog was impounded, said dog shall be destroyed in an
expeditious and humane manner.
Page 15 of 16
Section 2: Disposition of impounded animals.
(a) Every animal impounded under the provisions of this article which is found upon arrival at
the animal control shelter to be diseased or injured, and whose ownership is unknown or is
relinquished in writing, shall, at the discretion of the health department or its designee, be
immediately destroyed if not accepted by an organization approved by the health department or
its designee, and provided such organization signs a receipt for the animal. In the event an owner
cannot be contacted and the severity of the injury or disease of the animal dictates that euthanasia
is a humane course of action, the animal will be destroyed and the owner, if known, notified as
soon as possible.
(b) If, in the opinion of the health department or its designee, the release of an impounded
animal will impair the safety of the public, such animal will be held pending a court order
disposition.
(c) Any animal impounded under the provisions of this article shall be held a minimum of three
(3) days from the day of impoundment or such longer period of time as deemed reasonable by the
director of animal control. Animals under observation for rabies symptoms shall remain in the
animal control shelter for such period of time as the health department or its designee may deem
necessary to protect the public health. Exception: Livestock shall be held a minimum of fourteen
(14) days.
(d) Impounded animals not claimed within three (3) days of the day of impoundment or at the
end of the quarantine period shall be disposed of (euthanized) in a humane manner as approved
by the health department or its designee. No animal impounded under the provisions of this
article shall be released to any person or organization for the purpose of live animal
experimentation.
(e) Before the release of any impounded animal, the owner shall pay the following:
(1) A vaccination fee on any unvaccinated animal when a vaccination is required by
this article.
(2) A license fee for any unlicensed dog or cat in an area covered by this article.
(3) An impoundment fee.
(4) A daily boarding fee.
(f) The City Manager shall establish reasonable vaccination, license, impoundment, and
boarding fees. In some instances the amount of impoundment and boarding fees will be on a cost-
incurred basis.
(g) Proceeds from license, impoundment, and boarding fees shall be applied to the annual
operating budget of the Fulton County Animal Control for animal and rabies control, enforcement
activity, and operation of the animal facility.
(h) The health department or its designee shall exercise every reasonable care to prevent injury,
illness, death, escape, or pilfering of any animal with which it deals but shall not be responsible
for any such occurrence.
Section 3: Adoption of impounded animals.
Page 16 of 16
(a) The Fulton County Animal Control as a designee of the Fulton County Health Department
shall cooperate with the Atlanta Humane Society and any other approved organization by offering
for adoption or placement cats and/or dogs not claimed by the person having the right of
possession or any cat and/or dog that may be designated as a stray.
(b) Organizations with a continuing interest in adopting animals from the animal control shelter
must register with the Fulton County Animal Control on the forms provided and be designated as
an approved adoption organization.
(c) All animals housed at the animal control shelter shall be under the authority of the animal
control director or his/her designee. No animal will be released for adoption or placement prior to
the holding period required by Article 4, Section 2(c) and with the written approval of the animal
control director or his/her designee.
(d) The animal control director may confer ownership (permit adoption) of any animal which
has become the property of the animal control shelter to an approved organization, subject to
conditions prescribed by the animal control director including, but not limited to, the following:
(1) Payment of any vaccination, licensing, or veterinary costs shall be the
responsibility of the receiving organization;
(2) Evidence satisfactory to the animal control director that the animal has been, or will
be, examined by a veterinarian and vaccinations against rabies and other diseases administered;
and
(3) Evidence satisfactory to the animal control director that the animal has been, or will
be, neutered or spayed.
(e) The Atlanta Humane Society will have the right of first refusal on adoptable animals at the
animal control shelter. Other approved organizations interested in the adoption of a cat and/or dog
may call the animal control shelter on Monday and Thursday morning to question the availability
of adoptable animals. The animal control director may also contact an approved organization if an
animal is available for adoption. No animal shall be held more than twenty-four (24) hours past
the time of notification.
(f) The Fulton County Health Department or its designee shall be held harmless and free from
liability for any animal adopted to or placed with an approved adoption organization.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: October 21, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: An Ordinance Adopting Chapter 6, Ethics and Standards of Conduct, of the City of
Milton Code of Ordinances
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance adopting Chapter 6, Ethics and Standards of Conduct, of the City of
Milton Code of Ordinances.
Background:
The City’s Code of Ordinances, combined with the City’s Charter (House Bill 1470) becomes the
backbone of policy for the government. In adopting the code of ordinances, eighteen (18) chapters have
been initially designated. All chapters will be codified through a publication process, anticipated in the
second fiscal year of operation. Included within the codification process is the publication of the charter
and code of ordinances on the City’s website.
Discussion:
Chapter 6 may be one of the most crucial chapters within the City’s code, as it pertains to the actions of
any public servant. As most organizations have, the Ethics and Standards of Conduct Chapter outlines
the behavior expected from a moral and conscious basis, separate from the City’s Personnel
Manual/Employee Handbook. This chapter includes twenty-seven (27) sections plus an appendix of
definitions which were developed when looking at the total scope of the chapter. The sections include the
following:
Section 1. Declaration of Policy
Section 2. Purposes of Ordinance
Section 3. Exemptions
Section 4. Who is Covered
Section 5. Duties
Section 6. Conflict of Interests and Personal Benefits Prohibited
Section 7. Duty to Leave Meeting
Section 8. Public Contracts
Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest
Section 10. Unauthorized Outside Employment
Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position
Section 12. Board of Ethics
Section 13. Duties and Powers of the Board
Section 14. Custodian of Records
Section 15. Who May Request Board Action
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
Section 16. Limitations on Board’s Power
Section 17. Procedures for Hearing Complaints
Section 18. Those Subject to Removal Only by the Governing Body
Section 19. Ex Parte Communications
Section 20. Confidentiality of Board Information
Section 21. Waiver of Confidentiality
Section 22. Statute of Limitations
Section 23. Penalties
Section 24. Penalties Cumulative
Section 25. Liberal Construction of Ordinance
Section 26. Severability
Section 27. Effective Date
This chapter was formulated through the review of industry best practices, and through surrounding
jurisdictions.
Alternatives: N/A
Concurrent Review: N/A
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 6, ETHICS AND STANDARDS
OF CONDUCT, AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE
CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED
IN THE FUTURE AS CHAPTER 6 (ETHICS AND STANDARDS OF CONDUCT) AS
ATTACHED HERETO AND INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Ethics and Standards of Conduct is hereby
adopted and approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 6 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective on December 1, 2006.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Chapter 6: Code of Ethics and Standards of Conduct
Section 1. Declaration of Policy
Section 2. Purposes of Ordinance
Section 3. Exemptions
Section 4. Who is Covered
Section 5. Duties
Section 6. Conflict of Interests and Personal Benefits Prohibited
Section 7. Duty to Leave Meeting
Section 8. Public Contracts
Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest
Section 10. Unauthorized Outside Employment
Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position
Section 12. Board of Ethics
Section 13. Duties and Powers of the Board
Section 14. Custodian of Records
Section 15. Who May Request Board Action
Section 16. Limitations on Board’s Power
Section 17. Procedures for Hearing Complaints
Section 18. Those Subject to Removal Only by the Governing Body
Section 19. Ex Parte Communications
Section 20. Confidentiality of Board Information
Section 21. Waiver of Confidentiality
Section 22. Statute of Limitations
Section 23. Penalties
Section 24. Penalties Cumulative
Section 25. Liberal Construction of Ordinance
Section 26. Severability
Section 27. Effective Date
APPENDIX OF DEFINITIONS
Page 2 of 30
Section 1. Declaration of Policy
(a) The City of Milton government is a representative democracy. Those who
are elected, appointed, hired, volunteer or campaign to serve the public as representatives
accept a public trust, which they share with those whom they elect, appoint, hire or
otherwise enlist to help them serve the public. Public trust requires that acts which are
contrary to the public interest be defined and prohibited; that there be an orderly
procedure for raising and addressing ethical questions; that ethical behavior be
encouraged and suitably rewarded; and that unethical behavior be discouraged and
suitably disciplined through a process which is fundamentally fair.
(b) It is the responsibility of each public servant to act in a manner which
contributes to cultivating public trust in the integrity of government and avoiding even
lawful activity when the appearance of impropriety would lessen the public’s confidence.
(c) In adopting this Ordinance, the City recognizes that:
(1) public servants are also members of society and, therefore, share
the same general personal and economic interests in the decisions and policies of
government as all members of the community; and
(2) public servants retain their rights to publicly express their views on
matters of general public interest, and to express their opinions on the effect of public
actions on their personal or economic interests or rights; and
(3) it is sound public policy for standards of ethical conduct for public
servants to distinguish between those minor and inconsequential conflicts that are
unavoidable in a free society, and those conflicts which are personal, material and
avoidable; and
(4) public servants are entitled to engage in employment, professional
or business activities, other than official duties, in order to support themselves and their
families and to maintain a continuity of professional or business activity, and are entitled
to maintain investments; and
(d) This Ordinance provides the minimum standards below which a public
servant’s conduct cannot fall without the risk of penalty. The principal policy which
forms the foundation of this Ordinance is to encourage internal commitment by
establishing and maintaining a work environment which supports integrity with pride and
enthusiasm.
A work environment which supports integrity includes public servants who:
(1) recognize with gratitude that the primary reason they hold a public
position is to serve the public; and
Page 3 of 30
(2) are motivated and committed to pursue ethical ideals which always
exceed minimum standards and often achieve the highest standards; and
(3) encourage ethical practices which protect, advance and promote
the public interest; and
(4) recognize that the most effective way to eradicate unethical
practices is to consistently act ethically themselves, and to consistently react
appropriately with respect to the ethical decisions of others; and
(5) when they observe serious unethical practices, there is a
responsibility to promptly disclose them to appropriate authorities, and encourage others
to do the same; and
(6) insure that those for whom they are responsible are aware of
minimum standards of ethics below which their conduct cannot fall without the risk of
disciplinary consequences; and
(7) when circumstances warrant, appropriately discipline those who
are proven to have engaged in unethical behavior.
Section 2. Purposes of Ordinance
This Ordinance, along with the attached Appendix of Definitions incorporated
herein by reference, is adopted to:
(a) identify the minimum standards of ethical conduct which public servants
must meet; and
(b) adequately educate public servants, and any subordinates, in the principles
of ethics,
(c) encourage public servants to pursue the highest ethical ideals which they
can achieve; and
(d) provide a process by which public servants may identify and resolve
ethical issues; and
(e) provide a process to ensure the prompt disclosure by public servants of
serious unethical practices, and encourage others to do the same; and
(f) provide a fair and impartial process by which alleged violations of this
Ordinance may be heard; and
(g) provide for a just and reasonable balance among the rights of all
individuals who are directly affected by the operation of this Ordinance; and
Page 4 of 30
(h) establish penalties, as appropriate, for public servants who violate the
public trust.
Section 3. Exemptions
(a) This Ordinance does not prevent any public servant from accepting other
employment or following any pursuit which in no way interferes with the full and faithful
discharge of his or her public duties, provided that the public servant complies with all
applicable City requirements, including any requirements imposed by this Ordinance.
(b) No public servant shall be deemed to have a conflict of interest by virtue
of carrying out any contract pursuant to which the public servant directly or indirectly
received income or benefits in the form of compensation for the performance of official
duties.
(c) A former public servant is not prohibited from entering into a contract to
represent the City in any matter.
(d) No public servant shall be deemed to have a conflict of interest by virtue
of sharing, directly or indirectly, in the benefit of a lawful City action when the benefit to
the public servant is substantially the same as the benefit to the public at large or to a
segment of the public to whom the benefit is provided in a nondiscriminatory manner.
(e) This Ordinance does not prohibit any public servant from taking any
action to approve the lawful payment of salaries, employee benefits, reimbursements of
actual and necessary expenses, or other lawful payments which are authorized in
accordance with City policies.
(f) This Ordinance does not prohibit public servants from taking any official
action properly within the scope of their duties with respect to any proposal to enact or
modify law or public policy.
(g) This Ordinance does not prohibit an elected official or other public
servants (other than City employees) from raising campaign contributions in any manner
which is otherwise permitted by law.
(h) This Ordinance does not prohibit communication between an individual or
organization and a candidate regarding the candidate’s views, record or plans for future
action regarding an issue or measure in an attempt to determine a candidate’s viewpoints
or how the candidate plans to act in the future, if such communication results in an
endorsement of the candidate, a decision not to endorse the candidate, or a contribution or
expenditure required to be recorded or reported under a state statute.
(i) Actions which might otherwise be alleged to constitute a conflict of
interest shall be deemed to comply with this Ordinance and not to be a conflict of interest
if:
Page 5 of 30
(1) before acting, the public servant requested and received a written
opinion from the City Attorney or a formal ethics opinion or a confidential advisory
opinion from the Board in accordance with the procedures established in this Ordinance;
and
(2) the material facts, as stated in the request for an opinion, are true
and complete; and
(3) the actions taken were consistent with the opinion.
Section 4. Who is Covered
This Ordinance applies to all public servants, as the term is defined in this
Ordinance, except that it shall not apply to a municipal judge when the judge is acting in
a judicial capacity.
Section 5. Duties
(a) No public servant or former public servant shall divulge any confidential
information to any person who is not authorized to have it nor divulge to any
unauthorized person confidential information acquired in the course of holding his or her
position in advance of the time prescribed by the governing body, administrators, or other
applicable law for its release to the public.
(b) All public servants shall respond fully and truthfully to any inquiries by
the City Attorney or the Board in connection with the investigation of an alleged or
potential violation of this Ordinance. All public servants shall cooperate fully in any
investigation by the City Attorney or the Board, and shall locate, compile and produce for
them such information as they may request, unless the information requested is exempt
from disclosure under this Ordinance or other applicable law.
(c) All public servants must report a violation of this Ordinance of which they
have knowledge to the City Clerk or the Mayor, who shall forward such report to the
Board.
(d) In addition to being a violation of other laws, it is also a violation of this
Ordinance for any public servant to:
(1) be convicted of any felony or misdemeanor involving moral
turpitude; or
(2) be found liable of violating any federal, state or city law
prohibiting discrimination or sexual harassment; or
(3) be found liable of violating any federal, state or city laws
prohibiting retaliation against public servants who assert a lawful claim of any nature or
otherwise engage in lawfully protected activity; or
Page 6 of 30
(4) be found liable of violating any state laws governing lobbying
activities or regulating political activity.
Section 6. Conflict of Interests and Personal Benefits Prohibited
(a) Except as otherwise permitted under applicable federal, state and city laws
and policies, including the City’s procurement policies, no public servant shall have a
personal interest in any official action.
(b) No public servant shall accept or receive, directly or indirectly, from any
person, including one whose identity is unknown to the public servant, any personal
benefit under circumstances in which it can reasonably be inferred that the benefit is
intended to influence the public servant or as a reward for any official action of the public
servant.
(c) No person, including any vendor, contractor, business, or board of the
City, shall offer or give any personal benefit to any public servant or any partner-in-
interest of the public servant.
(d) No public servant nor partner in interest of that public servant shall solicit
from any person, directly or indirectly, any personal benefit, regardless of value, or the
promise of receiving a personal benefit in the future, for the public servant.
(e) No current or former public servant shall intentionally use or disclose
information gained in the course of, or by reason of, his or her official position or
activities in any way that could result in the receipt of any personal benefit for the public
servant, for a partner in interest of that public servant, or for any other person. This
provision shall not:
(1) prohibit the disclosure of public information; or
(2) prohibit the disclosure of information the public servant has been
authorized to disclose; or
(3) prohibit the disclosure of any such information to incumbent
public servants to whom the information may be pertinent; or
(4) prevent the disclosure of violations of this Ordinance or other
illegal acts to the proper authorities; or
(5) prohibit the disclosure of any such information the disclosure of
which is required by law.
Page 7 of 30
Section 7. Duty to Leave Meeting
To avoid the appearance of impropriety, after any public servant or a partner in
interest is determined to have a conflict of interest or a potential conflict of interest in any
matter, and once all questions relating to the conflict of interest have been answered to
the satisfaction of the decision maker, the public servant shall immediately leave the
meeting room, except that if the matter is being considered at a public meeting, the public
servant may remain in the area of the room occupied by the general public.
Nothing herein shall require members of voting bodies to leave their seats while
action is taken regarding any item contained on a “consent agenda” on which there is no
deliberation, the public servant’s conflict has been disclosed, and the public servant
abstains from voting on the item.
Section 8. Public Contracts
(a) The City is prohibited from entering into any contract with a business in
which a public servant or a public servant’s partner in interest has a controlling interest
involving services or property of a value in excess of $2,500.
(b) Any public servant who has or may have a personal interest in any
contract shall disclose such interest prior to the first of any of the following events: the
solicitation of a contract; the bidding of a contract; the negotiation of a contract; or the
approval of a contract by the governing body.
(c) Any contract entered into in violation of this Section may be voided by the
City in an action commenced within three (3) years of the date on which the Board, or the
department or officer acting for the City in regard to the allocation of funds from which
such payment is derived, knew or should have known that a violation of this section
occurred. This section does not affect the application of any state statute.
(d) Mandatory Provision in Volunteer Agreements.
Volunteers share in receiving the public’s trust and in the responsibility to
contribute to creating and maintaining an ethical work environment. Volunteers serve
without the expectation of receiving any compensation from the City, and it is improper
for any Volunteer to seek any compensation. Volunteers, unless expressly authorized by
a public servant empowered to grant such authorization, are prohibited from acting as
Volunteers in any matter in which they have a conflict of interest or a potential or alleged
conflict of interest; or in any matter in which they hope to receive any personal benefit.
Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest
(a) A governing body member who has or may have, a conflict of interest in a
matter which requires an official action by any decision maker, shall, before the matter is
decided, disclose the conflict of interest or the potential or alleged conflict of interest; if
the member of the governing body believes that no conflict of interest exists, or that
Page 8 of 30
despite any alleged or potential special interest, such governing body member is
nevertheless able to vote and otherwise participate fairly, objectively and in a manner
consistent with the public interest, then the member shall so state in the written
disclosure.
(b) If any member of the Board has or may have a conflict of interest in any
matter before the Board, such member shall not appear before the Board, discuss, debate,
deliberate about, act upon, vote upon or otherwise participate in or influence the
decision-making process pertaining to the matter in which the member has a conflict of
interest.
(c) If the City Attorney has or may have a conflict of interest in any matter
before the Board, or if any attorney who is responsible for performing any functions on
behalf of the Board is precluded from doing so because of a legal conflict of interest
which cannot be resolved by the City Attorney’s Office internally by screening or some
other method, the City Attorney shall disclose the personal interest, or the nature of the
conflict, to the Board. If the Board determines that the City Attorney has a personal
interest in the matter, or if the City Attorney determines that the City Attorney’s Office
cannot resolve the conflict in a manner which will allow the City Attorney’s Office to
perform its duties properly, then the Board may engage outside counsel upon terms and
conditions approved by the governing body.
(d) Any public servant who has or may have a conflict of interest shall
disclose it. After receiving a disclosure, the City Clerk shall:
(1) maintain a record of such disclosure; and
(2) promptly forward copies of the disclosure to any person named in
the disclosure, the Board and the City Attorney.
(e) Any public servant who believes that any other public servant has a
conflict of interest in any agenda item before a governmental body shall disclose such
interest to the City Clerk, and the City Clerk shall forward copies of such disclosure to
the person alleged to have a conflict of interest, the Board and the City Attorney.
(f) A public servant, in addition to disqualifying himself or herself from
participation in any decision regarding the pecuniary or employment interest of a partner
in interest, shall make known the existence of the relationship and the interest by filing,
with the City Clerk a written disclosure of the relationship and the nature and extent of
the conflict of interest involved.
Section 10. Unauthorized Outside Employment
(a) The purposes of the policies governing unauthorized outside employment
are to prevent conflicts of interest and conflicts of loyalty; to prevent abuses regarding
dual compensation, payment for work not done, or unlawful gifts of public funds; and to
prevent excessive loss of efficiency in the performance of public service.
Page 9 of 30
(b) A public servant shall not accept any employment, nor enter into any
contract, nor perform any service for compensation that results in a financial conflict of
interest or a conflict of loyalties which would affect the performance of the public
servant’ s official duties.
(c) Employees.
(1) An employee of the City may be self-employed or may take
occasional or part-time jobs if, in the opinion of his or her department head, there is no
conflict with working hours, the employee's efficiency in his or her City work, or other
interests of the City.
(2) Before engaging in outside employment, employees shall have the
written approval of their department heads.
(3) Public servants who hold management level positions shall notify
the City Manager prior to creating, contracting with, or being employed by any business
other than the City. The City Manager shall provide written approval or disapproval of
the notification within a reasonable time. Any action undertaken by the City Manager
shall require prior approval by the City Council.
(4) All requests for approval of outside employment shall state the
type and place of employment, the hours of work and the employer's name and address.
(5) City employment shall remain the employee’s first priority, and if
at any time the outside employment interferes with an employee's job requirements or
performance for the City, the employee shall be required to modify the conditions of the
outside employment or terminate either the outside employment or the City employment.
(d) City Attorney.
The City Attorney nor any Assistant City Attorney shall not engage in any
unauthorized private practice of law for compensation during the period in which they
hold office. To the extent they may be authorized to engage in the private practice of
law, they shall comply with the state laws governing the professional conduct of lawyers,
and any violation of those laws while they are acting as attorneys for the City shall also
be deemed to be a violation of this Ordinance.
Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position
(a) Public servants of the City shall treat all citizens with courtesy,
impartiality, fairness, and equality under the law, and shall avoid both actual and
potential conflicts between their private self-interest and the public interest. Prohibited
conduct of each such public servant shall include, but not be limited to, the following:
Page 10 of 30
(1) granting or making available to any person any special
consideration, treatment, advantage, or favor beyond that which it is the general
practice to grant or make available to the public at large;
(2) requesting, using or permitting the use of any publicly-owned or
publicly-supported property, vehicle, equipment, labor, or service for the personal
convenience or the private advantage of oneself or any other person, except as
otherwise allowed by law;
(3) participating in the deliberation of or voting on any matter
involving personal financial or personal interest;
(4) engaging in private employment with, or rendering services for,
any private person who has business transactions with the City, unless employee
has made full public disclosure of such employment or services;
(5) appearing on behalf of any private person, other than oneself,
before any public body in the City;
(6) accepting any gift, whether in the form of money, thing, favor,
loan, or promise, that would not be offered or given to the employee if the
individual were not an official or employee;
(7) disclosing any confidential information concerning any official or
employee, or any other person, or any property or governmental affairs of the
City, without prior formal authorization of the governing body;
(8) using or permitting the use of confidential information to advance
the financial or personal interest of the individual or any other person;
(9) ordering any goods and services for the City without prior official
authorization for such an expenditure.
(10) use his or her superior position to request or require an employee
to:
(i) do clerical work on behalf of the member's family,
business, social, church or fraternal interest when such work is not
furthering a City interest; or
(ii) perform any work outside the employee's normal course of
municipal employment; or
(iii) purchase goods and services for personal, business, or
political purposes; or
Page 11 of 30
(iv) work for him or her personally without offering just
compensation.
(11) A City Council Member shall not draw per diem or expense
monies from the City to attend a seminar, convention, or conference and then fail
to attend the seminar, convention, or conference without refunding the pro-rata
unused per diem or expense monies to the City.
(b) No public servant shall hold any other office, elected or appointed, in any
other governmental entity, when the duties of such office are incompatible with the
proper discharge of the public servant’s duties with the City. For purposes of this
Ordinance, the holding of any office, elective or appointive, with any other governmental
entity by any member of the governing body or of a board is hereby prohibited in any one
of the following circumstances: where one office is subordinate to the other; where one
office carries the power of removal of the other; or where the occupancy of both offices is
prohibited by the City Charter or other law.
(c) No public servant shall falsely represent his or her personal opinion to be
the official position of the City, and no public servant shall falsely represent his or her
personal opinion to be the official position of any board or City administrators. This
subsection shall not apply to statements of elected officials made in the course of
fulfilling the responsibilities of their offices or in running for election to office, nor shall
it apply to the professional opinions of City officers or employees rendered in the course
of performing their duties, provided that such opinions are clearly identified as
professional opinions.
(d) All public servants have a fiduciary duty to use City fiscal and human
resources in a manner which advances the public interest, and to refrain from using City
resources for their personal benefit; therefore, public servants are prohibited from using
City resources in any manner which violates any applicable law or policy, and are
expressly prohibited from using any City resource to obtain any personal benefit.
(e) No public servant shall use his or her official authority or position to
influence or interfere with or affect the results of any election, nor to solicit or receive
contributions from City employees in connection with any City election.
(f) No public servant shall suppress any public document, record, report or
any other public information available to the general public because it might tend to
unfavorably affect their private financial, personal, or political interest.
(g) When a public servant, in the course of carrying out his or her duties, has
been offered or is discussing future employment with a business that is presently dealing
with the City concerning matters within the public servant's current official duties, that
person shall disclose such possible future employment to the City Manager. The City
Manager shall disclose such possible future employment to the City Council.
(h) No member of the governing body having a personal interest in a matter
shall represent himself or herself or any other person before the governing body in
Page 12 of 30
connection with that matter, nor in connection with any matter in which a partner in
interest has a personal interest, except in cases where a legal right to self-representation
exists.
(i) No member of a board having a conflict of interest shall represent himself
or herself or any other person before that board in connection with that matter, nor in
connection with any matter in which a member of his or her immediate family or a
business with which he or she, or a member of his or her immediate family, is associated
has a prohibited interest, except in cases where a legal right to self-representation exists.
(j) No member of a board who is prohibited by this provision from
representing himself or herself before that board shall represent himself or herself in the
appeal of any decision of that board to any decision maker.
Section 12. Board of Ethics
(a) There is created a Board of Ethics consisting of five (5) members, and two
(2) alternate members. Each member of the Board of Ethics shall have been a resident of
the City for at least one (1) year immediately preceding the date of taking office and shall
remain a resident of the City while serving as a member of the Board of Ethics.
(b) Members of the Board shall not be elected officials, persons appointed to
elective office, full-time appointed officials (whether exempt or nonexempt), or City
employees, and shall hold no elected public office nor any other City office or
employment.
(c) Members of the Board shall be appointed and confirmed by the Mayor and
the City Council. An appointment to fill a vacancy on the Board shall be made by the
Mayor and approved by the City Council.
(d) The Board shall elect one (1) of its members to serve as chairperson of the
Board.
(e) Board members shall serve staggered terms of no more than three (3)
years. A member shall hold office until a member’s successor is appointed.
(f) No person may serve more than two (2) consecutive terms as a Board
member.
(g) The Board's deliberations and actions upon requests shall be open to the
public.
(h) Members of the Board are Volunteers and shall serve without
compensation. The governing body shall provide meeting space for the Board of Ethics.
Subject to budgetary procedures and requirements of the City, the City shall provide the
Board of Ethics with such supplies and equipment as may be reasonably necessary to
perform its duties and responsibilities.
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(i) The governing body shall provide such staff support for the Board as the
governing body determines to be necessary for the Board to fulfill its duties and
responsibilities. The City Attorney is designated to be the legal advisor for the Board,
except that the City Attorney is not authorized to represent the Board in any legal action
if doing so would create a conflict which would prevent the City Attorney from also
representing the Mayor, the City Manager, or City Council. The City Clerk shall serve as
Recording Secretary to the Board.
Section 13. Duties and Powers of the Board
(a) The Board shall, in addition to its other duties:
(1) develop and adopt written procedural rules, which rules shall be
subject to the approval of the Mayor and City Council, and filed with the City Clerk; and
(2) be authorized to administer oaths; and
(3) conduct hearings as needed to hear and decide specific cases in
which a violation of this Ordinance is alleged, whether such cases arise from a complaint
or are brought on the Board’s own motion; and
(4) no later than December 1st of each year, submit an annual report to
the Mayor and City Council concerning its action, if any, in the preceding year, which
shall contain a summary of its decisions and opinions; the Board shall make any
alterations in the summaries necessary to prevent disclosure of any confidential
information pertaining to any individual or organization; and
(5) establish a process for evaluating all significant aspects of the
administration and implementation of this Ordinance; and
(6) prescribe and make available necessary forms for use under this
Ordinance; and
(7) when necessary, request assistance from the City Attorney in
compelling the production of documents and witnesses to assist in any investigation; and
(8) when necessary, retain outside legal counsel and other experts as
needed after solicitation of recommendations from the City Attorney (unless the need to
retain outside counsel is caused by a conflict involving the City Attorney’s Office), and
upon approval by the governing body of a contract for services approved as to form by
the City Attorney.
(b) The Board may:
(1) conduct meetings and hearings as the Board determines necessary
or appropriate:
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(i) to ascertain public opinions and to gather information from
the general public, employees, or others regarding any aspect of the City’s ethics policies
or practices; and
(ii) for any other purpose for which the Board is authorized to
conduct hearings; and
(2) respond, as it deems appropriate, to requests for confidential
advisory opinions; the Board may decline to render an opinion in response to any request
for an advisory opinion; and
(3) render and publish written formal opinions on any matter within
the scope of the Board’s authority; the Board may initiate opinions on its own motion or
upon request; and
(4) at the request of a person, the City Attorney may render an
informal opinion with respect to the prospective conduct of such person. Nothing in this
Ordinance shall be construed to prohibit a request for an informal opinion by any public
servant from the City Attorney regarding a potential conflict of interest. If the City
Attorney elects to render an informal opinion, the City Attorney shall, within a
reasonable time, submit a written summary of the opinion to the Board for the Board’s
information; if the City Attorney declines to render an informal opinion, nothing shall
preclude the person requesting the opinion from requesting the Board for an opinion; and
(5) prepare and publish special reports, technical studies, and
recommendations to further the purposes of this Ordinance; and
(6) make recommendations to the Mayor and City Council of
legislative or administrative actions regarding the City’s policies and practices which the
Board believes could enhance the ethical environment in which public servants work; and
(7) make recommendations to the City Manager and City Attorney
with respect to the development of an educational program for public servants subject to
this Ordinance, new Board members, and the public about their rights, duties and
responsibilities hereunder.
Section 14. Custodian of Records
The City Clerk shall serve as legal custodian of the Board’s records, and accept,
file, maintain and administer, in accordance with all applicable laws, any information
related to the purposes of this Ordinance.
Section 15. Who May Request Board Action
(a) Any person may file a request for Board action with the City Clerk, either
personally or on behalf of an organization or governmental body, and may request of the
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Board an ethics opinion, whether a formal opinion or a confidential advisory opinion,
regarding the propriety of any matter or matters to which the person is or may become a
party; and any decision maker, with the consent of a prospective appointee, may request
of the Board an ethics opinion regarding the propriety of any matter to which the public
servant, prospective public servant or former public servant is or may become a party.
(b) Any request for Board action shall be in writing, and shall be signed by
the person making the request.
Section 16. Limitations on Board’s Power
The Board does not have the authority to reverse or otherwise modify a prior
action of the Mayor, governing body, or an officer or employee of the City. If the Board
finds a prior action of the Mayor, the governing body, officer or employee to have been
ethically improper, the Board may advise the appropriate party or parties that the action
should be reconsidered. Upon such advice by the Board, the action shall be reconsidered
by the appropriate person or public body. If the Board determines an existing City
contract to be ethically improper, after such determination and advice from the Board, the
City may void or seek termination of the contract if legally permissible. The Board may
refer a matter to the City Attorney for review and consideration for appropriate action.
Upon completion of review and consideration, the City Attorney’s Office shall report its
findings to the Board.
Section 17. Procedures for Hearing Complaints
(a) Any person may file a written complaint, signed and sworn in the presence
of a notary, with the City Clerk alleging a violation of this Ordinance.
(b) A complaint shall specify the provisions of this Ordinance alleged to have
been violated and facts alleged to constitute the violation.
(c) Upon receipt of such a complaint, but in any event not later than five (5)
working days after receipt, the City Clerk shall acknowledge receipt to the
complainant(s), and forward the complaint simultaneously to the Board, the person who
is complained against and the City Attorney.
(d) The City Attorney shall provide the Board with a preliminary written
analysis of the complaint no later than thirty (30) days from the date the complaint is filed
with the City Clerk.
(e) During any investigation and during any hearing which is conducted to
determine whether a violation of this Ordinance has occurred
(1) the person under investigation or the accused may be represented
by counsel of his or her own choosing; and
(2) the accused or his or her representative, if any, shall have an
opportunity to
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(i) challenge the sufficiency of any complaint which has been
filed against him or her; and
(ii) examine all documents and records obtained or prepared by
the Board in connection with the matter heard; and
(iii) bring witnesses; and
(iv) establish all pertinent facts and circumstances; and
(v) question or refute testimony or evidence, including the
opportunity to confront and cross-examine adverse witnesses; and
(vi) exercise, to the extent the Board, in its discretion,
determines to be just and reasonable, any pretrial discovery procedure usually available
in civil actions.
(f) The following principles shall apply regarding evidence in connection
with hearings conducted by the Board:
(1) The Board shall not be bound to adhere to statutory Rules of
Evidence, but shall be fundamentally fair and reasonable in its administration of
evidence; and
(2) All evidence including certified copies of records which the Board
considers shall be fully offered and made a part of the record in the proceedings; and
(3) The accused or any other person under investigation shall be
afforded adequate opportunity to rebut or offer countervailing evidence; and
(4) The Board shall inform the accused or his or her counsel of
exculpatory evidence in its possession; and
(5) The standard of evidence sufficient to prove a violation in hearings conducted
under this Ordinance shall be by a preponderance of the evidence admitted at the hearing.
(g) The Board, in addition to its other duties and powers, may:
(1) appoint a hearing officer to conduct hearings under this Ordinance;
and
(2) with the approval of the governing body, retain outside legal
counsel and other experts as needed with respect to hearings in accordance with its
policies. The selection of a hearing officer and outside counsel and other experts and any
contract for such persons shall be made after solicitation of recommendations from the
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City Attorney and upon approval by the governing body of a contract for services
approved as to form by the City Attorney; and
(3) order testimony to be taken by deposition before any individual
who is designated by the Board and, in such instances, to compel testimony and the
production of evidence to the extent it is otherwise lawfully authorized to do so; and
(4) require any person to submit in writing such reports and answers to
questions relevant to the proceedings as the Board may prescribe, such submission to be
made within such period and under oath or otherwise as the Board may determine; and
(5) request and obtain copies of state income tax returns and access to
other appropriate information as permitted under state law regarding all persons who are
the subject of such investigation.
(h) The person complained against shall have thirty (30) days from the date of
receipt of the complaint from the City Clerk to submit a written response prior to the
Board deciding whether to hold a hearing.
(i) Any person whose name is mentioned or who is otherwise identified
during a hearing and who, in the opinion of the Board, may be adversely affected thereby,
may, upon request of the person or a representative of the person, or upon the request of
any member of the Board, appear at the hearing to testify on his or her own behalf or
have a representative appear to so testify, and the Board may permit any other person to
appear and to testify at a hearing.
(j) Upon request of the accused, on its own motion, or upon request of the
City Attorney, the Board shall be authorized to issue subpoenas to compel the attendance
of necessary witnesses.
(k) Within thirty (30) days, following receipt of the City Attorney’s analysis,
the Board shall review and consider the complaint and the City Attorney’s analysis, and,
if a hearing is to be held, shall set a date certain for the hearing to take place within thirty
(30) days of said review by the Board, unless the accused petitions for and the Board
consents to a later date.
(l) As soon as practicable after giving due consideration to a complaint, or, if
a hearing was held, after the hearing, the Board shall take any action or combination of
actions which it deems appropriate and which it is lawfully empowered to take,
including, but not limited to the following:
(1) dismiss the complaint based on any of the following grounds:
(i) the complaint does not allege facts sufficient to constitute a
violation of this Ordinance; or
(ii) the Board has no jurisdiction over the matter; or
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(iii) failure of the complainant to cooperate in the Board’s
review and consideration of the complaint; or
(iv) the complaint is defective in a manner which results in the
Board being unable to make any sound determination; and
(2) determine that no violation of this Ordinance has occurred; or
(3) determine that the complaint alleges facts sufficient to constitute a
violation of this Ordinance and that the Board will conduct a hearing, in which case the
Board shall promptly send written notice of such determination to the accused and to the
complainant; or
(4) determine that further information is required to determine whether
the complaint alleges facts sufficient to constitute a violation of the Ordinance; and
(i) conduct its own investigation of any alleged violation; or
(ii) request the City Attorney to investigate the complaint and
report all findings back to the Board; or
(iii) schedule the complaint for further review and consideration
at a future time certain, in which case the Board shall promptly send written notice of
such determination to the accused and to the party who made the complaint; or
(iv) refer the complaint for criminal investigation or
prosecution; or
(v) refer the complaint, along with the Board’s findings and
conclusions, to any appropriate administrative authority for disciplinary action or other
suitable remedial action; the Board, although it has no independent administrative
authority, may make any recommendation to any City administrator at any level of
supervision, if the Board finds that the recommendation will advance the objectives of
this Ordinance.
(5) After it has made its final determination, the Board shall issue its
written findings of fact and conclusions, and may issue any additional reports, opinions
and recommendations as it deems necessary. All such reports shall be in compliance
with all state and city laws governing confidentiality, open government, and torts. All
such reports shall be reviewed by the City Attorney prior to issuance.
Section 18. Those Subject to Removal Only by the Governing Body
(a) If findings relative to an elected or appointed official are filed by the
Board with the governing body, the matter shall be referred to the appropriate standing
committee of the governing body for a report, or the governing body may appoint a
special committee and proceed in accordance with any other applicable state or local
laws.
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(b) The committee, in reporting the matter to the governing body, may
recommend a dismissal of the charges, a reprimand, or a hearing before the governing
body to determine whether removal from office is warranted under the applicable
provisions of the state and local laws. Failure of an official to file the required financial
disclosure statement may constitute grounds for removal from office.
(c) Any hearing by the governing body or by a special or standing committee
as designated by the governing body, shall be conducted in accordance with the following
provisions:
(1) The accused official must be given at least thirty (30) days notice
of the hearing date.
(2) The rules of evidence of the Official Code of Georgia shall apply
to the hearing. All evidence, including certified copies of records and documents which
the governing body considers shall be fully offered and made part of the record in the
case.
(3) Each party shall be afforded adequate opportunity to rebut or offer
countervailing evidence, and to examine and cross-examine witnesses.
(4) During the entire hearing conducted under the provisions of this
Ordinance, the official or any person whose activities are under investigation shall be
entitled to be represented by counsel of his or her choosing. The governing body shall
immediately disclose and forward to the official or his or her counsel any and all
exculpatory evidence.
(5) The accused official or his or her representative shall have an
adequate opportunity to examine all documents and records to be used at the hearing at a
reasonable time before the date of the hearing as well as during the hearing, to bring
witnesses, and to question or refute any testimony or evidence, including the opportunity
to confront and cross-examine adverse witnesses.
(6) The governing body shall have the power to compel the attendance
of witnesses and to issue subpoenas for books, records, documents or papers therein to be
designated under the authority granted to it by state law.
(7) The governing body may request income tax returns of the official
whose conduct or activities are under consideration by the governing body. The
examination of the official’s income tax returns shall be in accordance with state law.
(d) Governing body action. The governing body shall make a determination
in regard to the recommendation of the committee. Dismissal of the findings of the
Board as referred to the governing body, or reprimand by the governing body shall be by
a majority vote. Removal from office shall be in accordance with all applicable state and
local laws.
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Section 19. Ex Parte Communications
After a complaint has been filed and during the pendency of a complaint before
the Board, no member of the Board may communicate directly or indirectly with any
party or other person about any issue of fact or law regarding the complaint, except that:
(a) the members of the Board may obtain legal advice from the City Attorney
and may discuss the complaint with the Board; and
(b) the members of the Board may discuss the complaint at a lawfully
conducted meeting.
If any person attempts to communicate with a Board member regarding the
pending complaint, the Board member shall report the substance of the communication to
the Board on the public record at the next meeting or hearing of the Board.
Section 20. Confidentiality of Board Information
No member of the Board nor any public servant who has access to any
confidential information related to the functions or activities of the Board shall divulge
that information to any person not authorized to have it. The identity of a person who
requests a confidential advisory ethics opinion is confidential, as is information
describing or pertaining to any organization mentioned if the disclosure of the
information could lead to the disclosure of the identity of the person requesting the
confidential advisory opinion.
Section 21. Waiver of Confidentiality
A person who makes or purports to make public the substance of or any portion of
an advisory opinion requested by or on behalf of that person is deemed to have waived
the confidentiality of the request for an advisory opinion and of any records obtained or
prepared by the Board in connection with the request.
Section 22. Statute of Limitations
No action may be taken on any complaint which is filed later than one (1) year
after a violation of this Ordinance is alleged to have occurred, and a complaint alleging a
violation must be filed within six (6) months from the date the complainant(s) knew or
should have known of the action alleged to be a violation.
Section 23. Penalties
Any violations of this Ordinance shall be punishable to the maximum extent
permitted by law. Any disciplinary action shall be carried out in accordance with the
provisions of this Ordinance, as well as any other applicable laws, policies and
procedures applicable to the position of the offender and the gravity of the offense. The
Board is permitted to take any action which it is otherwise lawfully permitted to take,
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including, but not limited to, any one or combination of the following which the Board
deems appropriate under the circumstances: public admonition by the Board; public
reprimand by the Board; and recommendation to the City Council for suspension,
demotion, forfeiture of office or removal from office, and/or termination from
employment, as allowed by applicable law.
Section 24. Penalties Cumulative
The penalties prescribed in this Ordinance shall be cumulative and not exclusive
of each other or of any other penalties which may be imposed pursuant to any other laws
or policies.
Section 25. Liberal Construction of Ordinance
The provisions of this Ordinance are to be construed liberally, to the end that the
public interest be fully protected, and shall be construed in a manner consistent with all
applicable federal and state laws and applicable provisions of the City Charter.
Section 26. Severability
If any provision of this Ordinance is deemed invalid by any court or by any
federal or state agency of competent jurisdiction, or is held by such court or agency to be
modified in any way in order to conform to the requirements of any such provision, the
conflicting provision of this Ordinance shall be considered a separate, distinct and
independent part of this Ordinance, and such holding shall not affect the validity and
enforceability of this Ordinance, or any part other than the part declared to be invalid.
Section 27. Effective Date
This Ordinance shall be effective on December 1, 2006.
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APPENDIX OF DEFINITIONS
For purposes of this Ordinance, the following terms, phrases, words and their
derivatives shall have the meanings given herein.
(1) Appointing authority means the Mayor, City Council, City Manager or any
other person who appoints a person to a public position.
(2) Associated, when used with reference to a business or an organization,
includes any business or organization in which a public servant or a public servant’s
partner in interest is a director, officer or trustee, or owns or controls, directly or
indirectly, and severally or in the aggregate, at least 5% of the outstanding equity, or any
business or organization in which a public servant or a partner in interest has a personal
interest.
(3) Benefit means
(a) anything having a monetary value in excess of $100; or
(b) anything, regardless of its monetary value, perceived or intended
by either the one who offers it or the one to whom it is offered to be sufficient in value to
influence a public servant in the performance or non-performance of an official action; or
(c) anything, regardless of its monetary value, which, under the
circumstances, a reasonably prudent person in the position of the public servant to whom
the thing is or may be offered, would recognize as being likely to be intended to influence
the public servant in the performance or non-performance of an official action; and
(d) the term “benefit” includes, but is not limited to, a valuable act,
advance, award, contract, compensation, contribution, deposit, emolument, employment,
favor, fee, forbearance, fringe benefit, gift, gratuity, honorarium, loan, offer, payment,
perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise
that any of these things will be conferred in the future.
(4) Board means the Board of Ethics established by the City to operate under
the provisions of this Ordinance, unless the context clearly indicates otherwise; used
generically, “board” may mean any voting body
(a) which is established to participate as a body in some manner in the
conduct of the City government, including participation which is merely advisory,
whether established by state law, city charter, ordinance, contract, executive action or any
other lawful means; and
(b) any part of whose membership is appointed by the Mayor, City
Council or governing body acting on behalf of the City; but the term “board” does not
include a board, commission or committee which is the governing body of a separate
political subdivision of the State, or whose membership, after appointment, is not subject
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to any regulation by the governing body; nor does it include any City administrative
agency, bureau, department, division or office which is administered by individuals rather
than by a body.
(5) Business means an activity, association, commercial entity, corporation,
enterprise, firm, franchise, holding company, joint stock company, organization,
partnership, receivership, self-employed individual, sole proprietorship, trust or other
legal entity established to earn or otherwise obtain money, whether for profit or non-
profit, excluding a municipal corporation or governmental entity.
(6) Business with which a public servant is associated means a business in
which any of the following applies:
(a) The public servant is an owner, partner, director, officer, employee
or independent contractor in relation to the business; or
(b) A public servant’s partner in interest is an owner, partner, director
or officer; or
(c) The public servant or a partner in interest is a stockholder of close
corporation stock which is worth at least $1,000 dollars at fair market value or which
represents more than a 5% percent equity interest; or
(d) The public servant or a partner in interest is a stockholder of
publicly traded stock which is worth at least $5,000 at fair market value or which
represents more than 5% percent equity interest, other than publicly traded stock under a
trading account if the public servant reports the name and address of the stockholder; or
(e) Any business, regardless of ownership or value, by whom or for
whose benefit a decision maker is influenced to act in the hope or expectation of
obtaining a personal benefit for the public servant or for a partner in interest of the public
servant.
(7) Candidate means an individual who is a candidate for an elective office in
the City, as defined in the City Charter, or an applicant for City employment or for an
appointive City position.
(8) Child means a son or daughter, whether or not the son or daughter is the
biological offspring of the legal parent or parents and whether or not the son or daughter
is financially dependent on the parent or parents.
(9) Confidential information means information which has been obtained in
the course of holding public office, employment, an independent contract or otherwise
acting as a public servant, and which information is not available to members of the
public under The Georgia Open Records Act or other law or regulation and which the
public servant is not authorized to disclose, including:
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(a) any written information that could lawfully be excepted from
disclosure pursuant to state law, unless the public servant disclosing it is authorized to do
so by state law, or pursuant to some other pertinent law, policy or procedure; and
(b) any non-written information which, if it were written, could be
excepted from disclosure under state law, unless the public servant disclosing it is
authorized to do so by the state law, or pursuant to some other pertinent law, policy or
procedure; and
(c) information which was obtained in the course of or by means of a
record or oral report of a lawful executive or closed session, whether or not the disclosure
of the information would violate state law, unless the public servant disclosing it is
authorized by state law to do so, or unless the public servant disclosing it has been
properly authorized to disclose it pursuant to an applicable law, policy or procedure;
however, when such information is also available through channels which are open to the
public, this provision does not prohibit public servants from disclosing the availability of
those channels.
(10) Compensation means any benefit conferred upon or received by any
person in return for services rendered or to be rendered.
(11) Conflict of interest means not only a personal interest, as defined in this
Ordinance, but also a professional or non-pecuniary interest, such as arises when the City
Attorney is precluded from representing one public servant because of the City
Attorney’s preexisting attorney-client relationship with another public servant.
(12) Controlled or illegal substance means any drug or other substance, the use
of which is regulated by federal or state law, except that within the meaning of this
Ordinance the term does not include any drug or substance which has been lawfully
prescribed by an authorized person for the use of a public servant, and which is used by
the public servant in accordance with the prescription.
(13) Decision maker means any public servant or group of public servants
empowered to act in a discretionary manner on behalf of the City in any capacity
whatsoever, including the making of recommendations. Decision maker includes, but is
not limited to, any City agency, bureau, department, division, office, administrator or
person who is charged with implementing and administering particular legislation or
executive or administrative decisions, and, to the extent this Ordinance is applicable to
them, any volunteer or independent contractor who is empowered to exercise any
discretionary power which could influence a public servant in the performance or
nonperformance of an official action. In this Ordinance, the term “decision maker” is
used to represent any and every public servant who could take any discretionary action
regarding a matter in which a public servant or a partner in interest has or may have a
conflict of interest, or as a result of which a public servant might receive a personal
benefit.
(14) Decision making means the exercise of any discretionary public power in
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any capacity whatsoever, including the making of recommendations, by any public
servant whose action pertains to a matter in which a public servant or a public servant’s
partner in interest has or may have a conflict of interest, or as a result of which a public
servant might receive a personal benefit.
(15) Disclose means, unless the context of this Ordinance indicates otherwise,
to provide the City Clerk with written notice of a conflict of interest or a potential conflict
of interest, and any other pertinent information, including the nature and extent of the
public servant’s conflict of interest, the decision maker(s) who may act on the matter, and
the name and address of any person alleged to have a conflict of interest or a potential
conflict of interest. Unless this Ordinance or a law which supersedes it requires or
permits another procedure, information shall be deemed disclosed if any public servant
within a reasonable time before any official action is to be taken by the decision maker,
provides the City Clerk with written notice disclosing the conflict or potential conflict.
For purposes of this provision, “within a reasonable time” means within adequate time to
allow the City Clerk, acting within the City’s normal schedule and procedures for
transmitting written documents, to forward the disclosure to the decision maker(s) before
whom the matter is pending or may be brought, and within adequate time to allow the
decision maker(s) to review the disclosure before taking any official action.
(16) Employee means a person, other than an elected public officer, employed
and paid a salary to work for the City, whether under civil service or not, whether full-
time, part-time, or on a contract basis, and including those officially selected but not yet
serving; and, for purposes of establishing ethical obligations under this Ordinance and for
no other purpose, the term “employee” includes volunteers, notwithstanding the fact that
they are unpaid.
(17) Gift means any benefit or thing or act of monetary value which is
conveyed to or performed for the benefit of a public servant or a partner in interest,
including any advance, award, contract, contribution, deposit, employment, favor,
forbearance, gift, gratuity, honorarium, loan, payment, service, subscription, or the
promise that any of these things or acts of value will be conferred in the future, if such
thing or act of value is conferred or performed without the lawful exchange of
consideration which is at least equal in value to the thing or act conferred or performed.
(18) Governing body means the elected officials who comprise the legislative
body of the City, as defined by the City Charter.
(19) Immediate family means:
(a) a public servant's spouse, children, grandchildren, parents, parents-
in-law, grandparent, grandparents-in-law, sisters, sisters-in-law, brothers, brothers-in-law,
sons-in-law, daughters-in-law, nieces, nephews, aunts, uncles (whether by marriage,
lineal descent or adoption ); and
(b) a public servant's relative by marriage, lineal descent or adoption
who receives, directly or indirectly, more than one-half of his or her support from the
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public servant or from whom the public servant receives, directly or indirectly, more than
one-half of his or her support; and
(c) an individual claimed by the public servant or the public servant’s
spouse as a dependent under the United States Internal Revenue Code.
(20) Interest means any personal benefit accruing to a public servant or the
public servant’s partner in interest, whether in the public servant's own name or the name
of any person or business from which the public servant is entitled to receive any
personal benefit, as a result of a matter which is or which is expected to become the
subject of an official action by or with the City.
(21) Loan means a transfer of money, property or anything else of ascertainable
monetary value in exchange for an obligation, conditional or not, to repay in whole or in
part.
(22) Matter means, unless the context of this Ordinance indicates otherwise,
any act, action, agenda item, allegation, application, amendment, auction, bill, business,
case, charge, claim, consideration, contract, controversy, decree, deed, deliberation,
discussion, hearing, issue, lease, license, measure, offer, order, ordinance, permit,
personnel action, petition, policy, presentation, procedure, privilege, proceeding, project,
proposal, proposition, purchase, recommendation, regulation, rental, request, resolution,
sale, subject, transaction, use, variance or other discretionary choice pending before a
City decision maker when a public servant or a partner in interest has a personal interest
in the outcome of the decision, or the decision may result in a personal benefit to a public
servant or a partner in interest.
(23) Ministerial action means a simple and definite action or function imposed
by law where no exercise of discretion or judgment is required.
(24) Negotiating concerning prospective employment means one or more
discussions between a public servant and a potential employer other than the City
concerning the possibility of the public servant or a partner in interest considering or
accepting employment with the employer, in which discussion(s) the public servant
responds in a positive way.
(25) Office means any of the following:
(a) An elective position within the government of the City; or
(b) A City Attorney; or
(c) An appointive City position in which a public servant serves for a
specified term, except a position limited to the exercise of ministerial functions or a
position filled by an independent contractor; or
(d) An appointive City position which is filled by the governing body
Page 27 of 30
or the executive or administrative head of the City, and in which the incumbent serves at
the pleasure of the appointing authority, except a clerical position, a position limited to
the exercise of ministerial functions or a position filled by an independent contractor.
(26) Officer means any person elected or appointed to hold an office, as
defined in the charter of the City.
(27) Official action means any act, action, approval, decision, denial, directive,
disapproval, inaction, order, performance, nonperformance, recommendation, vote, or
other direct result of a public servant’s exercise of discretionary authority in connection
with the public servant’s public position.
(28) Official duty means any official action or ministerial action which a public
servant is obligated or authorized to perform by virtue of being a public servant.
(29) Official records means any minutes, papers, documents, completed forms,
or other records maintained by a public agent for the purpose of fulfilling the disclosure
requirements of this Ordinance.
(30) Organization means, unless the context indicates otherwise, any non-profit
business other than an individual or governmental agency.
(31) Partner in interest means, when used in this Ordinance in connection with
a public servant, as in the phrase “a public servant or a partner in interest” any and all of
the following:
(a) a member of the public servant's immediate family; or
(b) a business with which the public servant or a member of the public
servant’s immediate family is associated; or
(c) any other person with whom the public servant or a member of his
immediate family is in business, or is negotiating or has an agreement concerning future
employment or the future conferring of any personal benefit, whether in the public
servant's own name or the name of any business or person from whom the public servant
is entitled, or expects to become entitled, to receive any personal benefit, as a result of a
contract or transaction which is, or which is expected to become, the subject of an official
action by or with the City. The term partner in interest does not imply or require any
form of legal partnership or formal agreement.
(d) When used in the phrase “a public servant or a partner in interest,”
the term “partner in interest” refers only to a partner in interest of the public servant to
whom reference is being made, and not to any other person’s partner in interest.
(32) Reasonable means fair, proper, equitable and just under the circumstances.
(33) Personal benefit means any benefit which is offered or received, or
Page 28 of 30
perceived to be offered or received, primarily for the purpose of influencing the manner
in which a public servant performs or refrains from performing an official action, so that
an attempt is made to induce the public servant, or the public servant is induced, to act in
favor of some interest other than the public interest on the basis of an expectation or hope
that the public servant or a partner in interest of the public servant will obtain some
private gain by acting against the public interest; provided, however, that the term
“personal benefit” within the meaning of this Ordinance does not include any of the
following, which, although they may benefit individual public servants, are deemed to be
primarily public benefits rather than personal benefits:
(a) payment by the City of salaries, compensation or employee
benefits; or payment by an employer or business other than the City of salaries,
compensation, employee benefits or pursuant to a contract, when the payment is
unrelated to a public servant’s status as a public servant and is not made for the purpose
of influencing, directly or indirectly, the vote, official action or decision of a public
servant; or
(b) fees, expenses, or income, including those resulting from outside
employment, which are permitted and reported in accordance with the policies of the
City; or
(c) authorized reimbursement of actual and necessary expenses; or
(d) admission, regardless of value, to events to which public servants
are invited in their official, representative capacity as public servants; or
(e) campaign or political contributions which are made and reported in
accordance with state law; or
(f) reasonable hosting, including travel and expenses, entertainment,
meals or refreshments furnished in connection with public events, appearances or
ceremonies related to official City business, if furnished by the sponsor of such public
event; or in connection with speaking engagements, teaching or rendering other public
assistance to an organization or another governmental entity; this provision applies only
if the City does not also pay the person for the same activity; or
(g) awards publicly presented in recognition of public service, acts of
heroism or for solving crimes; or
(h) anything of value, regardless of the value, when the thing of value
is offered to the City, is accepted on behalf of the City, and is to remain the property of
the City; or
(i) commercially reasonable loans made in the ordinary course of the
lender's business in accordance with prevailing rates and terms, and which do not
discriminate against or in favor of an individual who is a public servant because of such
individual’s status as a public servant; or
Page 29 of 30
(j) complimentary copies of trade publications; or
(k) any unsolicited benefit conferred by any one person or business if
the economic value totals less than $250.00 per calendar year, and if there is no express
or implied understanding or agreement that a vote, official action or decision of a public
servant will be influenced; or
(l) reasonable compensation for a published work which did not
involve the use of the City’s time, equipment, facilities, supplies, staff or other resources,
if the payment is arranged or paid by the publisher of the work; or
(m) reasonable compensation for a published work which did involve
the use of the City’s time, equipment, facilities, supplies, staff or other resources, if the
payment of the compensation to the public servant is lawfully authorized by a
representative of the City who is empowered to authorize such compensation; or
(n) anything of value, if the payment, gift, or other transfer of value is
unrelated to and does not arise from the recipient's holding or having held a public
position, and if the activity or occasion for which it is given does not involve the use of
the City’s time, equipment, facilities, supplies, staff or other resources which is not
available to the general public; or
(o) anything of value received as a devise, bequest or inheritance; or
(p) a gift received from a relative within the third degree of
consanguinity, under the civil law computation method, to the public servant, or the
spouse of such a relative; or
(q) a gift received from a spouse of a public servant, or a spouse’s
relative within the third degree of consanguinity to the spouse, under the civil law
computation method.
(34) Personal interest means a direct or indirect interest having value peculiar
to a particular individual or group, whether the value is pecuniary or non-pecuniary,
which value may accrue to such individual or group or result in such individual or group
deriving or potentially deriving a personal benefit as a result of the approval or denial of
any ordinance, resolution, order or other official action, or the performance or
nonperformance thereof, by a public servant, and which interest is not shared by the
general public.
(35) Public servant means any member of the governing body or of any City
agency, board, commission, committee, or other voting body, and any agent, department
head, employee, official, supervisor, volunteer, or other person, whether elected or
appointed, or legally authorized by contract or in any other manner to act in any capacity
under the authority of the City.
Page 30 of 30
(36) Relative means a person who is related to an official or employee (whether
by marriage, lineal descent or adoption) as spouse, parent, child, brother, sister, aunt,
uncle, niece, nephew, grandparent, grandchild, parents-in-law, son-in-law,
daughter-in-law, , brother-in-law or sister-in-law.
(37) Volunteer means an individual who is permitted by the City, or by a
person authorized to act on behalf of the City, to assist public servants in performing any
kind of official duty or action without any expectation of receiving compensation.
(38) Voting body means the governing body and any other City authority,
board, commission, committee, council or group, regardless of whether its function is
legislative, administrative, quasi-administrative or quasi-judicial or any combination
thereof, which must act as a body on the basis of a vote of some or all of its members.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 3
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, City Treasurer/Director of Operations
Date: October 24, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of an Ordinance Approving and Adopting Chapter 7, Alcoholic
Beverages.
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance approving Chapter 7 relating to Alcoholic Beverage and direct
staff to document processes and procedures in alignment with the provisions of Chapter 7. This
agenda item was presented during the October 24, 2006 Governor’s Commission Meeting.
Background:
The City’s Charter (House Bill 1470) outlines in Article I, Incorporation and Powers, Section
1.12, Municipal Powers, the following:
“(5) Business regulation and taxation. To levy and provide for the collection of license
fees and taxes on privileges, occupations, trades, and professions; to license and
regulate the same; to provide for the manner and method of payment of such licenses
and taxes; and to revoke such licenses after due process for the failure to pay any city
taxes or fees.”
Discussion:
The regulation of alcohol beverage activities in the City include licensing of businesses that
serve alcohol beverages, the regulation of sales of malt beverages, wine, and distilled spirits
sold by the drink and by the package, and excise taxation. Staff will have documented
processes and procedures for each of these areas addressed in the chapter.
Licensing of Businesses That Sell/Serve Alcohol Beverages:
The Alcohol Beverage license is an authorization granted by the City to operate as a
retail consumption dealer, retail package dealer or wholesale dealer. The license is a
privilege to carry on the sale of alcohol beverages during the license period and subject
to all terms and conditions imposed by law. Any holder of a City Alcohol Beverage
license is required to apply for and obtain an alcohol beverage license from the state
before any sales commence. The chapter provides for penalties for those businesses
that sell or possess for the purpose of sale any alcohol beverage without a license by
the City.
Applications for new alcohol beverage licenses will be required to be submitted in
person via the City Treasurer’s office using the prescribed form which will be designed
to gather the required information in order for staff to review and evaluate the applicant’s
compliance with the chapter provisions. All applicants are required to swear via affidavit
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 3
to the information submitted and must agree to a background check as part of the
application process. A separate application must be made and separate license issued
for each location of sales of alcohol beverages.
The chapter provides for specific qualifications a licensee must possess in order to
obtain an alcohol beverage license, including citizenship, criminal history, distance
requirements, character, and financial requirements. The process will include staff
review of all the qualifications before a determination is made to issue or deny a license.
Once the staff determination has been reached, the required advertising will take place
and the license recommendation will come before the City Council for approval.
All licenses issued are for a calendar year period. Before a license is issued, all
provisions in the chapter must be met and the requisite fee remitted to the City. License
fees will be submitted to the Council each fiscal year as an attachment to the annual
budget transmittal and approved upon adoption of the budget. The chapter provides for
penalties for late or non-payment of fees.
Each year, staff will issue re-licensing packets to all holders of alcohol beverage
licenses during early October with a submittal and fee remittance deadline of November
15. Licenses for the ensuing year will be issued by the City on or before December 31.
Regulation of Sales of Malt Beverages, Wine, and Distilled Spirits Sold by the Drink and
by the Package:
The chapter provides specific provisions to be adhered to by all licensees. Provisions
are included in this article for violation of the article and inspections for health, fire,
building code, and legal compliance by the appropriate authorities. The regulatory
provisions include:
License display
Types of sales
Hours of operation
Advertising and signage
Retailer purchase requirements
Retail consumption inventory requirements
Poured alcohol transportation
Responsibility for violations
Employment responsibilities
Identification verification responsibilities
Sales to underage persons
Open area and patio sales
Specification of premises
Solicitation
Noise
Inspections
Types of entertainment
Contents of bottles
Indication of prices
Employment of minors
Fingerprinting of employees
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 3 of 3
Sales to minors and incapacitated persons
Prohibition of happy hour
Audit provisions
Expiration and re-licensing
Suspension, revocation, forfeiture
Excise Taxation:
The City will collect excise tax on distilled spirits by the package, first sale or use of wine by
the package, and first sale and use of malt beverages at the wholesale level. Wholesalers
are responsible for collecting this tax and remitting the tax to the City using the prescribed
form and process.
An excise tax is levied on every sale of distilled spirits purchased by the drink at the retail
level. The retailer/brewpub is responsible for the collection and remittance of the tax to the
City using the prescribed form and process. The prescribed process will include penalty and
interest computations and other remedies for late or non-payment.
Alternatives:
None identified.
Concurrent Review:
Aaron Bovos, CGFM, CTP, City Manager
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 7, ALCOHOLIC BEVERAGES,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 7 (ALCOHOLIC BEVERAGES) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Alcoholic Beverages is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 7 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective December 1, 2006.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 41
Chapter 7: Alcoholic Beverages
ARTICLE 1: General Provisions
Section 1: Sale in city; license a privilege
(a) Alcoholic beverages may be sold in the City under a license granted by the Mayor and City
Council upon the terms and conditions provided in this section.
(b) All licenses in this chapter 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 this Code and state law.
(c) All licenses pursuant to this chapter shall have printed on the front these words: "This
license is a mere privilege subject to be revoked and annulled, and is subject to any further
ordinances which may be enacted."
(d) Any holder of a license issued pursuant to this chapter is required to apply for and obtain an
alcoholic beverage license from the state before any sales commence. Additionally, City
licensees are required to abide by all applicable state regulations and laws.
State law references: Permit or license from governing authority required for wholesale or retail
sales of alcoholic beverages; due process guidelines; fingerprints, O.C.G.A. § 3-3-2.
Section 2: Definitions
The following words, terms and phrases, when used in this chapter, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a different
meaning:
(a) “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever
source or by whatever process produced.
(b) “Alcoholic beverage” means and includes all alcohol, distilled spirits, beer, malt beverage,
wine or fortified wine as defined in this section.
(c) “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. Also included are beverages known
as "non-alcoholic" beer," which is made by fermentation of any infusion or decoction of barley,
malt, hops, or other products, and containing less than three percent, but more than one-tenth
percent (0.1%) alcohol by volume. The term "malt beverage" does not include sake, known as
Japanese rice wine.
(d) “Bottle house” means any place of business open to the public or any private club which
allows guests, patrons or members to bring in and consume the guest’s, patron’s or member’s
alcoholic beverages on the premises.
Page 2 of 41
(e) “Brewpub” means any eating establishment in which beer or malt beverages are
manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-
5-36 for retail consumption on the premises and solely in draft form. As used in this article, the
term “eating establishment” means an establishment which is licensed to sell distilled spirits,
malt beverages, or wines and which derives at least fifty (50) percent of its annual gross food and
beverage sales from the sale of prepared meals or food.
(f) “Distilled spirits or spirituous liquor” means any alcoholic beverage obtained by distillation
or containing more than 21 percent alcohol by volume including, but not limited to, all fortified
wines.
(g) “Eating establishment” means any public place, including a place available for rental by the
public, selling prepared food for consumption by the public on the premises with a full service
kitchen. A full service kitchen will consist of a three-compartment pot sink, a stove or grill
permanently installed, and refrigerator all of which must be approved by the health and fire
departments. An eating establishment will be prepared to serve food every hour they are open
and will derive as least fifty percent (50%) of its annual gross food and beverage sales from the
sale of prepared meals or food.
(h) “Fortified wine” means any alcoholic beverage containing more than twenty-one percent
(21%) 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.
(i) “Governing authority” means the Mayor and City Council of Milton, Georgia.
(j) “Hotel” means any building or other structure providing sleeping accommodations for hire to
the general public, either transient, permanent, or residential. Such hotels shall maintain a
minimum of fifty (50) rooms available for hire and have one or more public dining rooms with
an adequate kitchen. Motels meeting the qualifications set out in this definition for hotels shall be
classified in the same category as hotels. Hotels shall have the privilege of granting franchises
for the operation of any licensed establishment described in this chapter and the holder of such
franchise shall be included in the definition of a hotel pursuant to this definition.
(k) “License” means an authorization granted by the City to operate as a retail consumption
dealer, retail package dealer or wholesale dealer.
(l) “Licensee” means the individual to whom a license is issued or, in the case of a partnership or
corporation, all partners, officers, and directors of the partnership or corporation.
(m) “Liter” means metric measurement currently used by the United States.
(n) “Manufacturer” means any maker, producer, or bottler of an alcoholic beverage.
Manufacturer also means: in the case of distilled spirits, any person engaged in distilling,
rectifying, or blending any distilled spirits; in the case of malt beverage, any brewer; in the case
of wine, any vinter.
Page 3 of 41
(o) “Package” means a bottle, can, keg, barrel, or other original consumer container. Retail
package alcoholic beverages shall include all alcoholic beverages in their original container, sold
at retail to the final consumer, and not for resale.
(p) “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.
(q) “Pouring permit” means an authorization granted by the City to dispense, sell, serve, take
orders, or mix alcoholic beverages in establishments licensed as a retail consumption dealer.
(r) “Retail consumption dealer” means any person who sells alcoholic beverages for
consumption on the premises, at retail, only to consumers and not for resale.
(s) “Retail package dealer” means any person who sells unbroken packages, at retail, only to
consumers and not for resale.
(t) “Wholesaler or wholesale dealer” means any person who sells alcoholic beverages to other
wholesale dealers, to retail dealers, or to retail consumption dealers.
(u) “Wine” means any alcoholic beverage containing not more than twenty-one percent (21%)
alcohol made from fruits, berries, or grapes either by natural fermentation or by natural
fermentation with brandy added. Wine 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 "wine" 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 the point in the manufacturing process when it conforms to the definition
of wine contained in this section.
Section 3: Penalties for Violations of Chapter
Any person who violates any provisions of the sections in this chapter may, upon
conviction, be punished by a fine of not less than three hundred dollars ($300.00) for each
offense and/or up to thirty (30) days in the City Jail, unless a different penalty is set out in
specific sections of this chapter.
Section 4: Sale or possession for sale without license or beyond boundaries of premises covered
by license
It shall be unlawful for any person to sell or possess for the purpose of sale any alcoholic
beverage where the person does not have a license granted by the City to sell or possess for sale
these alcoholic beverages, or to sell or make deliveries beyond the boundaries of the premises
covered by the license. Violations of this section shall result in a fine of not less than three
hundred dollars ($300.00) and/or thirty (30) days in jail.
Page 4 of 41
Section 5: Distance requirements
(a) No person may sell or offer to sell any distilled spirit in or within one hundred (100) yards
of a church building or within two hundred (200) yards of any school building, educational
building, school grounds, or college campus.
(b) No person may sell or offer to sell any wine or malt beverage within one hundred (100)
yards of any school building, school grounds, or college campus.
(c) As used in this section, the term "school building" or "educational building" shall apply only
to state, county, city, or church school buildings and to such buildings at such other schools in
which are taught subjects commonly taught in the common schools and colleges of this state and
which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term
"school building" includes only those structures in which instruction is offered.
(d) The term "church building" as used in this section shall mean the main structure used by any
religious organization for purposes of worship.
(e) For purposes of this section, distance shall be measured by the most direct route of travel on
the ground and shall be measured in the following manner:
(1) From the main entrance of the establishment from which alcoholic beverages are sold
or offered for sale;
(2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by
the nearest route;
(3) Along such public sidewalk, walkway, street, road or highway by the nearest route;
(4) To the main entrance of the church building, or to the nearest portion of the school
grounds.
(f) No location which is licensed to sell alcoholic beverages on the effective date of the
ordinance from which this section derives shall be denied continued operation under an existing
license, nor shall any new owner of the location be denied a new license based upon the
measurements set forth in this Section 5.
(g) As to any location licensed in the future, if the distance requirements in this section are met
at the time of issuance of any license, the subsequent opening and operation of a church or
school within the distance prohibited in this section shall not prevent the continuance of an
existing license or the issuance of a new license to any subsequent owner of such property.
Provided, however, that the distance requirements herein shall not apply at any location for
which a new license is applied for if the sale of alcoholic beverages was lawful at such location
at any time during the 12 months immediately preceding such application.
State law references: Sales of alcoholic beverages near churches, schools or college campus,
O.C.G.A. § 3-3-21.
Page 5 of 41
Section 6: Temporary licenses for the sale of alcoholic beverages
(a) The City Manager is hereby authorized to issue temporary licenses for the sale of alcoholic
beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth
in this section.
(b) Temporary licenses may be issued for such period as may be determined by the City
Manager, not to exceed sixty (60) days. No such license shall be issued unless:
(1) A written application for the same is filed with the City Manager.
(2) An application for a permanent license, together with payment in full fee thereof, has
been deposited with the City Manager.
(3) The City Manager is satisfied that the location for the proposed license substantially
complies with the provisions of the ordinance authorizing such license in Milton.
(4) The denial of a temporary license would create undue hardship upon the applicant,
such as the closing of an existing business or delaying of the opening of a new
business.
(5) There is payment of the fees prescribed by this section.
(6) There is an agreement by the applicant that the temporary license may be revoked,
with or without cause, by the City Manager at any time.
(c) The fee for issuance of a temporary license under this section shall be set by Resolution of the
City Council, and shall remain in effect from year to year, until modified or amended by
subsequent Resolution adopted by the City Council.
(d) The grant or denial of a temporary license under the provisions of this section shall not affect
or have any bearing upon the grant or denial of a permanent license.
State law references: Local license required for wholesale or retail sales of wine, O.C.G.A. § 3-6-
40.
Section 7: Separate application and separate license for each location of sale
Separate applications must be made for each location and separate licenses must be
issued.
Section 8: Application forms
(a) All persons desiring to sell alcoholic beverages shall make application on the form
prescribed by the City Manager.
(b) The application shall include but shall not be limited to the name and address of the
applicant; the proposed business to be carried on; if a partnership, the names and residence
address of the partners; if a corporation, the names of the officers; the names and address of the
registered agent for service of process; the name of the manager(s); and the name of all
shareholders holding more than 20 percent of any class of corporate stock, or any other entity
having a financial interest in each entity which is to own or operate the establishment for which a
license is sought. If the manager changes, the applicant must furnish the business license director
Page 6 of 41
and police department the name and address of the new manager and other information as
requested within ten days of such change.
(c) All applicants shall furnish data, fingerprints, financial responsibility and other records as
required by the City Manager and to ensure compliance with the provisions of this chapter.
Failure to furnish data pursuant to such request shall automatically serve to dismiss the
application with prejudice.
(d) All applications shall be sworn to by the applicant before a notary public or other officer
empowered by law to administer oaths.
(e) In all instances in which an application is denied under the provisions of this chapter the
applicant may not reapply for a license for at least one year from the final date of such denial.
(f) The City Manager shall provide written notice to any applicant whose application is denied
under the provisions of this chapter. Such written notification shall set forth in reasonable detail
the reasons for such denial and shall advise the applicant of the right to appeal under the
provisions of this chapter.
Section 9: Withdrawal of application
Any license application made pursuant to this chapter may be withdrawn by the applicant
at any time. If the application is withdrawn before the license is issued, any sums deposited as
license fees will be refunded less applicable processing fees. After issuance of the license, no
refunds will be made. No refunds shall be made under any circumstances for investigative and
administrative expenses required in this chapter.
Section 10: Licensing qualifications
(a) No license for the sale of alcoholic beverages shall be granted to any person who is not a
citizen of the United States or an alien lawfully admitted for permanent residence.
(b) Where the applicant is a partnership or corporation, the provisions of this section shall apply
to all its partners, officers and majority stockholders. In the case of a corporation the license shall
be issued jointly to the corporation and the majority stockholder, if an individual. Where the
majority stockholder is not an individual, the license shall be issued jointly to the corporation and
its agent registered under the provisions of this chapter. In the case of a partnership, the license
will be issued to all the partners owning at least twenty percent (20%) of the partnership; or if no
partner owns 20 percent of the partnership, then the general partner, managing partner or the
partner with the greatest ownership will be licensed.
(c) No person shall be granted any alcoholic beverage license unless it shall appear to the
satisfaction of the City Manager or his designee that such person, partners in the firm, officers
and directors of the corporation have not 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 illegal possession or sale of controlled substances or the illegal
Page 7 of 41
possession or sale 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 sexual related crime within a period of ten
years immediately prior to the filing of such application. At the time an application is submitted
for any alcoholic beverage license, the applicant shall, by a duly sworn affidavit, certify that
neither the applicant, nor any of the other owners of the establishment, has been convicted or has
pleaded 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 illegal possession or sale of
controlled substances or the illegal possession or sale 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
sexual related crime within a period of ten years immediately prior to the filing of such
application. An applicant's first time conviction for illegal possession of alcohol as a
misdemeanor or violation of a City ordinance shall not, by itself, make an applicant ineligible for
an alcohol license. Should any applicant, partner, or officer used in the sale or dispensing of any
alcoholic beverage, after a license has been granted, be convicted or plead guilty or nolo
contendere to a crime involving moral turpitude, illegal gambling or illegal possession or sale of
controlled substances or the illegal possession or sale of alcoholic beverages, including the sale
or transfer of alcoholic beverages, including 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 sexual related crime, the license shall be immediately
revoked and canceled.
(d) No license for the sale of alcoholic beverages shall be granted to any person convicted under
any federal, state or local law of any felony, within ten years prior to the filing of application for
such license.
(e) It shall be unlawful for any City employee directly involved in the issuance of alcoholic
beverage licenses under this chapter to have any whole, partial or beneficial interest in any
license to sell alcoholic beverages in the city.
(f) No license for the sale of alcoholic beverages shall be granted to any person who has had
any license issued under the police powers of any jurisdiction within the State of Georgia
previously revoked within two years prior to the filing of the application.
(g) The City Manager may decline to issue a license when any person having any ownership
interest in the operation of such place of business or control over such place of business does not
meet the same character requirements as set forth in this section for the licensee.
(h) All licensed establishments must have and continuously maintain in Fulton County, Georgia
a registered agent upon whom any process, notice or demand required or permitted by law or
under this chapter to be served upon the licensee or owner may be served. This person must be a
resident of the county. The licensee shall file the name of such agent, along with the written
consent of such agent, with the City Manager and shall be in such form as he may prescribe.
Page 8 of 41
(i) All applicants for any alcoholic beverage license must be of good character, and all
operators, managers, clerks, or other employees shall be of like character. Corporate or firm
applicants shall be of good business reputation.
(j) A license application may be denied to any applicant for any alcoholic beverage license
where it appears that the applicant would not have adequate financial participation in the
proposed business to direct and manage its affairs, or where it appears that the application is
intended to be a mere surrogate for a person or persons who would not otherwise qualify for a
license for any reason whatsoever.
(k) The City Manager, in his discretion, may consider any extenuating circumstances which
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 of the license would not be in
the best interest of the general public, such circumstances may be grounds for denying the
application.
(l) For purposes of this chapter, a conviction or plea of guilty of nolo contendere shall be
ignored as to any offense for which a defendant who was allowed to avail themselves of the
Georgia First Offender Act (1968 Ga. Laws, page 324), as amended. Except, however, that any
such offense shall not be ignored where the defendant violated any term of probation imposed by
the court granting first offender treatment 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.
State law references: Governing authority shall set forth ascertainable standards pertaining to the
granting, refusal, suspension or revocation of alcoholic beverage permits or licenses, O.C.G.A. §
3-3-2.
Section 11: License fee scale
Before a license may be granted, the applicant therefore shall comply with all rules and
regulations adopted by the Mayor and City Council regulating the sale of alcoholic beverages
and each applicant shall pay a license fee in accordance with the scale fixed, from time to time,
by the Mayor and City Council contained in section 12 and kept on file in the office of the City
Treasurer.
Section 12: Fees enumerated
License fees for the privilege of selling any alcoholic beverage, either retail or wholesale,
shall be set by Resolution of the City Council, and shall remain in effect from year to year, until
modified or amended by subsequent Resolution adopted by the City Council. The license fees so
established shall be in addition to any excise tax lawfully imposed.
State law references: Maximum license fee, O.C.G.A. § 3-4-50.
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Section 13: Collection of fees or taxes sums due
If any person shall fail to pay the sum due under this chapter, the City Manager or his/her
designee shall issue an execution against the person so delinquent and his property, for the
amount of the delinquent fee or tax.
Section 14: Transferability of license
(a) No license for the sale of alcoholic beverages shall be transferable, except as otherwise
provided in this section.
(b) In case of the death of a licensee, the establishment shall be allowed to continue to sell
alcoholic beverages for a period of forty-five (45) days from the date of death or until expiration
of the license or until approval of a new licensee, whichever shall first occur, provided that no
sale of alcoholic beverages shall be allowed until such time as a personal representative of the
estate, appointed by a probate court of competent jurisdiction, shall make application for
authorization with the City Manager.
(c) If a license is surrendered or a licensee severs his association with a licensed establishment,
the establishment may continue to sell alcoholic beverages for a period of forty-five (45) days
from the date of surrender, or from the date determined by the City Manager to be the date of
severance, provided no such sale shall be authorized until such time as a new application for a
license is made. The application shall indicate that no change of ownership has occurred, except
as excepted in this section. Upon issuance of a new license, the authorization to sell under the
previous license shall be revoked by operation of law. No additional license fees shall be
required during the period for which the original license was issued.
(d) Nothing in this section, however, shall prohibit one or more of the partnership holding a
license to withdraw from the partnership in favor of one or more of the partners who were
partners at the time of the issuance of the license. This section shall not prohibit transfer of stock
between persons who held stock in the corporation at the time of issuance of the license nor shall
it prohibit transfers of stock which do not result in any person increasing his stock holdings to a
total of ten percent or more of any class of stock.
(e) Except as provided in subsections (a) through (d) of this section, any change in the
ownership of any entity owning a licensed establishment shall cancel and revoke any license
pursuant to this chapter automatically, without the necessity of any hearing.
(f) Violation of this section shall result in revocation of the license being used and a fine on the
new ownership and the old ownership of not less than three hundred dollars ($300.00) and/or
thirty (30) days in jail. No license will be issued to the old or the new owner in the county for
one year from the date of the violation.
(g) Should a licensee make application to the City Manager for a transfer of location and should
such a transfer of a location be approved, with no change of ownership of the business, the
license fee paid for the previous license shall be applied to the new location. Each applicant for
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a transfer of location shall pay a transfer fee as set by Resolution of the City Council, and shall
remain in effect from year to year, until modified or amended by subsequent Resolution adopted
by the City Council (see Exhibit B – Fee Schedule). The license fees so established shall be in
addition to any excise tax lawfully imposed.
.
Section 15: Display of license at place of business
The City alcoholic beverage license shall at all times be kept plainly exposed to view to
the public at the place of the business of the licensee.
Section 16: Expiration and renewal of license
(a) All licenses granted under this chapter shall expire on December 31, each year. Licensees
shall be required to file a renewal application (with the requisite fee enumerated in Exhibit B –
Fee Schedule) with the City Manager on the form provided for a new or renewal license for the
ensuing year. 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. Alcoholic Beverage Licenses
renewal applications and payments are due on or before November 15 of each year. Renewal
applications and payments received between November 16 and December 15 are subject to ten
percent (10%) late filing fee. Businesses failing to renew their alcoholic licenses prior to
December 15 must reapply for an alcoholic beverage license. Investigative and administrative
costs will be assessed as may be prescribed from time to time by the Mayor and City Council.
(b) All licenses granted under this chapter shall be for the calendar year, and the full license fee
must be paid for a license application filed prior to July 1 of the license year. One-half of a full
license fee shall be paid for any license application filed after July 1 of the license year except
for applications for temporary licenses under Section 6.
(c) Any person applying for a new license issued under this chapter who shall pay the required
fee, or any portion thereof, after January 1, shall, in addition to the annual fee and late charges,
pay simple interest of one percent (1%) per month on the delinquent balance.
Section 17: Automatic license forfeiture for nonuse
Any holder of any license under this chapter who shall for a period of three consecutive
months after the license has been issued cease to operate the business and sale of the product or
products authorized shall, after the three-month period, automatically forfeit the license without
the necessity of any further action.
Section 18: Suspension or revocation of license
The City Manager shall impose a suspension of a license, or revoke a license, upon
receiving information of occurrence of any one of the following events:
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(a) A license may be denied, or immediately suspended or revoked where the licensee furnishes
fraudulent or untruthful information in the application for a license and for failure to pay all fees,
taxes or other charges imposed under the provisions of this chapter and state law.
(b) Whenever the state shall revoke any permit or license to sell alcoholic beverages the City
license shall thereupon be automatically revoked. The chief of police, upon receiving notice of
the state revocation, shall take the necessary steps to see that signs are removed and that all
alcoholic beverage sales cease.
(c) Any licensed establishment that is found to be in violation of the provisions of this ordinance
shall be subject to immediate license revocation.
(d) The license shall be revoked of any licensee whose license has been suspended three or more
times in any consecutive twelve (12) month period.
(e) The license shall be revoked of a licensee of any premises where alcoholic beverages have
been sold or distributed during a period of suspension.
(f) The license may be suspended or revoked of any establishment which does not meet the
licensing qualifications set forth in this chapter at any time such knowledge becomes known to
the City officials.
(g) An act or omission of a licensee, owner of more than twenty percent (20%) interest in the
licensed establishment, or employee of the licensee or licensed establishment willingly or
knowingly performed, which constitutes a violation of federal or state law or of any provision of
this chapter will subject the licensee to suspension or revocation of its license in accordance with
the provisions of this chapter, regardless of whether any criminal prosecution or conviction
ensues; provided, however, in the case of an employee, it shall be established 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 where the licensee has not established practices or
procedures to prevent the violation from occurring.
(h) Whenever it can be shown that a license under this chapter no longer maintains adequate
financial responsibility upon which issuance of the license was conditioned, or whenever the
licensee has defaulted in any obligation of any kind whatsoever, lawfully owing to the City.
(i) Whenever this chapter permits suspension of any license, but does not mandate the period of
suspension, the following guidelines shall apply:
(1) First suspension in a twelve (12) month period shall not exceed thirty (30) days.
(2) Second suspension in a twelve (12) month period shall not exceed sixty (60) days.
(3) Third suspension in a twelve (12) month period shall cause a revocation of license
and result in the inability of licensee to obtain a license from the City for a term of
three (3) years from the date of revocation.
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Section 19: License Review Board: Hearings
(a) There is hereby established a License Review Board (“Board”) consisting of five (5)
members appointed by the Mayor and Council. Each member shall serve a term of four (4) years.
(b) The Board shall have the following duties:
(1) To hear deferred applications or appeals from administrative decisions by the City
Manager with regard to issuance of licenses, transfers, renewals, change of
ownership or other matters affecting such licenses.
(2) To hear appeals with regard to issuance or renewal of employee work permits.
(3) To hear any matter involving revocation or suspension of a license or other
disciplinary action against a licensee, or employee under a work permit.
(4) To consider and act upon any other matter specifically delegated to the Board by
City ordinance, resolution or action of the Council.
(c) Applicants or licensees shall be given written notice of the date, time and place when the
Board will consider the respective matter. The applicant and interested parties shall be afforded
the opportunity to be heard by the Board and present evidence to the Board prior to making its
decision. No alcoholic beverage license having been issued shall be suspended or revoked
except for due cause as defined in this section, after a hearing and upon written notice to the
holder of such license of the time, place and purpose of the hearing and a statement of the charge
or charges upon which the hearing shall be held. Ten (10) days notice shall be deemed
reasonable, but shorter or longer periods of notice shall be authorized as the Board may deem the
circumstances to justify. Due cause for the suspension or revocation of a license shall consist of
the violation of any laws or ordinances regulating the business or for the violation of any state or
federal law; or any reason which would authorize the City to refuse the issuance of a license; or
any violation of this chapter. Further, the police department shall notify the City Manager of a
licensee or anyone in the employ of a licensee (A) being charged with or arrested for selling
alcoholic beverages (B) to an underage person or persons or (C) being convicted of selling
alcoholic beverages to an intoxicated persons pursuant to O.C.G.A. § 3-3-22 during the current
license year. Once the City Manager becomes aware of such, charge(s), arrest(s) or conviction(s)
he/she shall place the matter before the Board for hearing. The Board, at said hearing and after
receiving evidence may order the license to sell or serve alcoholic beverages be suspended or
revoked if the evidence so warrants. All decisions of the Board shall be in writing, and a copy
furnished to the applicant or licensee.
(d) The Board shall have the authority to hear or determine any matter set forth in this chapter
unless specifically prohibited therefrom.
(e) The decision of the Board shall be final unless appealed by applicant or licensee to the
Council within ten (10) days of the date of its written decision. The appeal shall be in writing and
filed with the City Clerk. The Council shall conduct a de novo hearing at a regularly scheduled
meeting within thirty (30) days of the filing of the appeal to hear evidence and, at conclusion of
such hearing render a decision to uphold the decision made by the Board, reverse the decision
made by the Board, or in its discretion, modify the decision made by the Board. The decision of
the Council shall be rendered not later than its next regularly scheduled meeting.
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(f) The decision of the Council as rendered on an appeal under this article shall be final unless
licensee applies to the Superior Court of Fulton County by filing a Petition for Writ of Certiorari
within thirty (30) days of the decision rendered by the Council.
(g) The Board shall meet at such times as necessary as determined by the Board and shall render
decisions within a reasonable time. Three members of the Board shall constitute a quorum, and
all decisions of the Board shall require a majority vote of the quorum. Such meeting shall not be
scheduled later than thirty (30) days from the time a matter is filed for hearing or appealed to the
Board.
(h) The Board shall select one of its members to serve as chair and one member to serve as
secretary to serve at the pleasure of the Board. Minutes and records of all proceedings shall be
kept and maintained in the office of the City Manager.
Section 20: Notice
For the purpose of this chapter, notice shall be deemed delivered personally, or served by
certified mail within three days after the date of deposit in the United States mail.
Section 21: Advertising; location requirements; signs
(a) No outdoor advertising or signs with respect to the promotions of the sale of alcoholic
beverages, or the prices of such beverages, shall be permitted on the exterior of any retail
package outlet, on the premises consumption dealer or in the windows of any such establishment
that may be viewed from outside.
(b) No signs shall be erected anywhere in the City advertising or promoting the sale of alcoholic
beverages, except that a store displaying its merchandise may, in the same manner as such other
merchandise is displayed, erect a sign or signs indicating the counter on which the merchandise
is displayed provided the lettering of such signs does not exceed in size the lettering of such
signs on other counters where other products are sold. The name, brand or type of alcoholic
beverage served and the price per serving may be provided to customers on a regular printed
menu.
(c) Sign limitations. Retail package licensees shall indicate plainly by tags or labels on the
bottles or containers or on the shelf immediately below where the containers are placed, the price
of an alcoholic beverage exposed or offered for sale. No other sign may be exposed prominently
within or without the retail establishment showing prices or indicating that alcoholic beverages
are for sale on the premises.
(d) Alcoholic beverages may not be priced on signs, menus or any place else allowed by this
Code except as to single units or unbroken package quantities.
Page 14 of 41
Section 22: Audits of licensees
(a) If the City Manager deems it necessary to conduct an audit of the records and books of the
licensee, he shall notify the licensee of the date, time and place of the audit. The City Manager
may designate the city's internal auditor or other designated person to perform any audit
authorized in this Code. The licensee shall cooperate with the audit or forfeit any license(s)
issued under this chapter.
(b) All licensed establishments must maintain the following records for a three-year period and
make them available for audit at the licensed premises:
(1) Monthly income or operating statements.
(2) Daily sales receipts showing liquor, beer, wine and food sales separately (this
requirement does not apply to package beer and wine licensees).
(3) Daily cash register receipts such as Z tapes or guest tickets.
(4) Monthly state sales and use tax reports.
(5) Federal income tax return with all Form 1099's.
The City Manager can waive all or some of the requirements of the foregoing sentence if the
City Manager finds that no such records exist and it is not financially practical based on the net
income of the licensed establishment to require them to keep such records.
Section 23: Retailer to purchase from licensed wholesaler only
(a) No retailer shall purchase alcoholic beverages from any person other than a wholesaler
licensed under this chapter. No wholesaler shall sell any alcoholic beverage to anyone other than
a retailer licensed under this chapter; 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.
(b) The City Manager or his/her designee may request, from time to time, information
concerning purchases and sales of alcoholic beverages from retailers and wholesalers.
Section 24: Retail consumption dealers to store inventory only on premises
No retail consumption dealer licensed under this chapter shall keep any beer or malt
beverage or wine or other alcoholic beverages at any place except the licensed place of business.
No retail consumption dealer shall be permitted to enter into any type of arrangement whereby
distilled spirits ordered by a licensee are stored by a licensed wholesaler.
Section 25: Addition to contents of alcoholic beverages prohibited
No one shall add to or permit the adding to any alcoholic beverage or refill any alcoholic
beverage manufacturer's container in any manner.
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Section 26: Poured alcohol to be transported by employees
Poured alcoholic beverages will be transported from point of dispensing to the customer
by permitted employees only.
Section 27: Licensees to maintain a copy of this chapter; employees to be familiar with terms;
licensee responsible for violations
Each alcoholic beverage dealer licensed under this chapter shall keep a copy of this
chapter in the licensed premises and shall instruct any person working there with respect to the
terms of this chapter; and each licensee, the licensee's agents and employees selling alcoholic
beverages shall at all times be familiar with the terms of this chapter.
Section 28: Employment of underage persons prohibited; exceptions
(a) No person shall allow or require a person in his/her employment under eighteen (18) years
of age to dispense, serve, sell, or take orders for any alcoholic beverage.
(b) The provisions of this section shall not prohibit persons under eighteen (18) years of age
who are employed in supermarkets or convenience stores from selling or handling alcoholic
beverages which are sold for consumption off the premises.
(c) It is unlawful for any person under the age of eighteen (18) years of age to work as an
entertainer in any establishment licensed under this chapter without written consent from parents
or guardian.
Section 29: Failure to require and properly check identification
It shall be a violation not to require and properly check identification to ensure that an
underage person is not sold, served, or does not have in his possession alcoholic beverages while
in a licensed establishment. Identification in this section shall mean any document issued by a
governmental agency containing a description of the person, such person's photograph and
giving such person's date of birth and shall include, without being limited to, a passport, military
ID card, driver's license or state department of public safety ID card.
Section 30: Sales to underage persons prohibited
No holder or employee of the holder of a license authorizing the sale of alcoholic
beverages, shall do any of the following upon the licensed premises:
(a) Sell or offer to sell any distilled spirits, wines, beer or malt beverages, or any other alcoholic
beverage to any person under the age of twenty-one (21) years.
(b) The prohibition in subsection (a) of this section shall not apply with respect to the sale of
distilled spirits to a person when such person has furnished proper identification showing that the
person to whom the distilled spirits are being sold is twenty-one (21) years of age or older. For
Page 16 of 41
the purposes of this subsection proper identification means any document issued by a
government agency containing a description of the person, such person's photograph, or both,
and giving such person's date of birth, including but not limited to, a passport, military
identification card, driver's license, or identification card authorized under an act to require the
department of public safety to issue identification cards to persons who do not have a motor
vehicle driver's license. Proper identification shall not include a birth certificate.
(c) Sell or offer to sell any alcoholic beverages to any person who is noticeably intoxicated,
who is of unsound mind, or who is a habitual drunkard whose intemperate habits are known to
the licensee or his employees.
(d) Sell alcoholic beverages upon the licensed premises or permit alcoholic beverages to be
consumed thereon, on any day or at any time when the sale or consumption is prohibited by law.
(e) No person who holds a license to sell alcoholic beverages by the drink shall allow any
minors to be in, frequent or loiter about the licensed premises of the establishment or lounge
unless such minors are accompanied by a parent, legal guardian, or custodian; provided,
however, that such minors shall be permitted in eating establishments, indoor commercial
recreational establishments, or private clubs as defined in this chapter without being
accompanied by a parent, legal guardian, or custodian and provided further that this section shall
not apply to minors who are employees under the terms of this chapter.
(f) The penalty for violation of this section by an individual shall be as follows:
(1) For the first offense, a minimum fine of two hundred dollars ($250.00).
(2) For the second offense and subsequent violations within one year, a minimum fine of
five hundred dollars ($500.00).
(g) Any licensed establishment where three or more violations of this section, or Section 3-3-23
of the Georgia Alcoholic Beverage Laws and Regulations, have occurred within any thirty-six
(36) month period shall be punished as follows:
(1) For the third offense within any thirty-six (36) month period, suspension of license(s)
for a period not to exceed 90 days.
(2) For the fourth and any subsequent violation within any thirty-six (36) month period,
suspension of license(s) for a period not to exceed one year. As to the penalties in
subsection (g), if there is a change in a majority of the licensed establishments'
owners, partners or shareholders, the violations under the old ownership shall not
count against the new owners; however, a different corporation, partnership or other
association will be charged with the violations of its predecessor(s) if a majority of
the owners, partners or shareholders are the same.
State law references: Furnishing to, purchase of, or possession by persons under twenty-one (21)
years of age of alcoholic beverages; use of false identification; proper identification for sale of
alcoholic beverages; dispensing, serving, etc., of alcoholic beverages by persons under twenty-
one (21) years of age in the course of employment; seller's duty to request proper identification,
O.C.G.A. § 3-3-23.
Page 17 of 41
Section 31: Purchase or possession of alcoholic beverages by underage persons
(a) No person under the age of twenty-one (21) years of age shall purchase or possess any
alcoholic beverage.
(b) No person under the age of twenty-one (21) years of age shall attempt to purchase any
alcoholic beverage or misrepresent his/her age in any manner whatever for the purpose of
obtaining alcoholic beverages.
Section 32: Regulations as to employees and manager
The following regulations shall apply to all establishments holding a license for
consumption of alcoholic beverages on the premises:
(a) No person shall be employed to dispense, sell, serve, take orders, mix alcoholic beverages,
or serve in any managerial position, by an establishment holding a license under this chapter
until such person has been fingerprinted or cleared by the chief of police or his designee,
indicating that the person is eligible for such employment.
(b) This section shall not be construed to include volunteer groups with non-profit tax exempt
status from the Internal Revenue Service whose volunteer efforts financially benefit a non-profit
organization with no direct financial benefit, either by wages, tips or donations, to the individual
volunteer. No volunteer under the age of eighteen (18) shall be allowed to dispense, sell, serve,
take orders or mix alcoholic beverages. Employees of a licensed establishment whose duties are
limited solely to those of busboy(s), cook(s), or dishwasher(s) shall also be excluded from this
section.
(c) No permit shall be issued until such time as a signed application has been filed with the
police department, chief of police or designee, and upon paying a fee which shall be established
by the Mayor and City Council, and a search of the criminal record of the applicant completed.
The application shall include, but shall not be limited to, the name, date of birth, and prior arrest
record of the person, though the fact of an arrest record shall be used for investigative purposes
only, and shall give rise to no 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 without a court order.
(d) The chief of police or his designee shall have a complete and exhaustive search made
relative to any police record of the person fingerprinted or cleared. If there is no record of a
violation of this chapter, the chief of police or his designee shall issue a permit to the person, by
mail, stating that the person is eligible for employment. If it is found that the person is not
eligible for employment, the chief of police or his designee shall notify the person, in writing,
that they are not eligible for employment, the cause of such denial and their right to appeal.
(e) No person shall be granted a pouring permit unless it appears to the satisfaction of the chief
of police or his designee, that such person has not been convicted or pled guilty or entered a plea
of nolo contendere to any crime involving moral turpitude, illegal gambling, or illegal possession
Page 18 of 41
or sale of controlled substances or the 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, solicitation of sodomy, or any sexual related crime within a period of five years
of the date of conviction and has been released from parole or probation. A person's first time
conviction for illegal possession of alcohol as a misdemeanor or violation of a City ordinance
shall not, by itself, make a person ineligible for an alcohol pouring permit.
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 for any felony within five years of the
date of conviction and has not been released from parole or probation prior to the filing for
application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo
contendere shall be ignored as to any offense for which defendant who was allowed to avail
themselves of the Georgia First Offender Act (Ga. Laws 1968, p. 324) as amended. Except,
however, that any such offense shall not be ignored where the defendant violated any term 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.
(f) An alcohol pouring permit shall be issued for a period of one calendar year from the date of
the original application. As noted in subsection (k) below, the alcohol pouring permit must be in
the possession of the employee while the employee is working at the licensed establishment.
This permit must be in the possession of the employee while the pouring permit holder is
working and available for inspection by members of the police department or the City Manager's
staff. All persons employed to dispense, sell, serve, take orders, mix alcoholic beverages or serve
in any managerial position in any establishment licensed under this chapter shall be required to
complete an alcohol awareness training program to become a certified Alcohol Awareness
Server, as defined in Section 43 of this Article, as a condition to the privilege of continuing to
maintain a valid alcohol pouring permit.
(g) No person shall be issued a 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 to the
police department for an alcoholic beverage pouring permit under this section. If it is determined
that a person is in violation of this subsection and a permit is denied for this reason, then thirty
(30) calendar days must elapse from the date of notification per certified mailing before a new
application and fee may be resubmitted.
(h) All permits issued through administrative error can be terminated and seized by the chief of
police or his/her designee, or the City Manager or his/her designee.
(i) Replacement permit(s) will be issued within thirty (30) days of original date, upon paying
one-half of the fee(s) charged for alcohol pouring permits. After thirty (30) days of original
application date, a new application and fee must be submitted.
(j) All permits issued under this chapter remain the property of the City of Milton and shall be
produced for inspection upon demand of any City of Milton police or designee(s) or code
enforcement officer.
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(k) No licensee shall allow any employee or manager required to hold a permit to work on the
premises unless the employee or manager has in their possession a current valid city pouring
permit. For new employees, a receipt issued by the city police permit unit may be used for a
maximum of 30 days from the date of its issue. Licensees are required by this chapter to inspect
and verify that each employee is required to have in his/her possession a valid city alcohol
pouring permit.
(l) It shall be the duty of all person(s) holding any license(s) to sell alcoholic beverages to file
with the chief of police or his/her designee, the name of the establishment, the license number
and a list of all employees, with their home addresses and home telephone numbers, twice
annually during the month of June and again during the month of December.
(m) The licensee is required to maintain the exterior of the licensed premises, parking lot and all
parts of premises abutting public right-of-ways during all hours the business is open and to do an
inspection of the premises within three (3) hours after closing. The term “maintain” is defined as
keeping the defined areas free of bottles, cans, cups, trash and other litter.
Any person(s) convicted of any violation(s) of this section shall receive a fine in an amount not
to exceed state law.
Section 33: Open area and patio sales
(a) Alcoholic beverage sales can be made by a licensed consumption on-premises establishment
in a patio/open area type environment if the establishment has been approved to do so by the
City Manager.
(b) The requirement for approval is that the patio/open area be enclosed by some structure
providing for public ingress/egress only through the main licensed premises. The purpose of this
requirement is to prevent a customer from leaving the outside sales area with an open drink
without the licensee's knowledge.
(c) The height of such structure shall be a minimum of three feet above ground level. It does not
have to be solid nor does it have to restrict visibility into or out of the patio/open sales area. It
must be permitted and approved by the city's building inspection department and the city's fire
department as required by their governing regulations or codes.
(d) The only exit from this type area is to be through the licensed establishment's main premises
and through an approved fire exit, not for general public use unless an emergency exists. The fire
exit should be of the type that sounds an alarm so that the establishment will be alerted in the
event of unauthorized use when no emergency exists.
(e) If a licensee desires a patio/open sales area inside an existing structure, plans will be
reviewed and approved on an individual basis by the City Manager. Interior type patio/open sales
areas must also meet the requirements of the city's development and fire codes.
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(f) Nothing contained in this section shall prohibit a hotel or motel with a consumption on the
premises license from making sales and allowing consumption of alcoholic beverages in
ballrooms, meeting rooms, reception rooms, or patio areas of such hotel or motel, provided such
functions are catered in connection with a meeting, conference, convention or similar type
gathering at such hotel or motel. "Patio areas," as that term is used in this subsection, do not have
to conform to the standards in this section.
Section 34: No consumption outside premises
(a) It is prohibited for customers to leave the premises with open alcoholic beverages, and it is
the licensee's responsibility to ensure that no open beverages are sold and carried out. However,
nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages
for consumption at a publicly owned or privately owned golf course.
(b) It is prohibited for customers to gather outside an alcoholic beverage establishment and
consume alcoholic beverages.
(c) It is prohibited for the manager or any employee to allow persons to gather outside an
alcoholic beverage establishment and consume alcoholic beverages.
Section 35: Specifications of premises
No alcoholic beverage license shall be issued to any person unless the building in which
the business will be located is complete and detailed plans of the 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. The completed building or the
proposed building shall comply with ordinances of the city, regulations of the state revenue
commissioner and the state. The proposed building shall also be subject to final inspection and
approval when completed by the building inspector. Each building in which the business will 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. Each applicant for an
alcoholic beverage 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
applicant is a franchisee, then such applicant shall attach a copy of the franchise agreement or
contract with the application. All premises for which an alcoholic beverage license shall be
issued shall afford therein adequate sanitary toilet facilities and shall be adequately illuminated
so that all hallways, passage ways and open areas may be clearly seen by the customers therein.
Section 36: Solicitation prohibited
No retail consumption dealers licensed under this chapter shall require, permit, suffer,
encourage, or induce any employee or person to solicit in the licensed premises for
herself/himself, or for any person other than the patron and guest of the patron, the purchase by
the patron of any drink, whether alcoholic beverage or nonalcoholic beverage or money with
which to purchase the beverage; nor shall any licensee pay a commission or any other
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compensation to any person frequenting his establishment or to his agent or manager to solicit
for herself/himself or for the others, the purchase by the patron of any drink, whether alcoholic
beverage or nonalcoholic beverage or money with which to purchase the beverage.
Section 37: Noise from establishments prohibited
It shall be unlawful for any establishment licensed under this chapter to make or cause to
be made any loud, unnecessary or unusual sound or noise which unreasonably annoys, disturbs,
injures or endangers the comfort, repose, health, peace, or safety of others in the city, and which
is audible to a person of normal hearing ability from the nearest property line of the business in
question. In no event, however, shall any such loud, unnecessary or unusual sound or noise be
made by an establishment licensed under this chapter between the hours of 10:00 p.m. and 8:00
a.m.
Section 38: Inspection of licensed establishments by the police department
Sworn officers of the police department shall have the authority to inspect establishments
licensed under the alcoholic beverages ordinances of the City 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 chapter and state law. This section is not intended to
limit the authority of any other City officer to conduct inspections authorized by other provisions
of this Code.
Section 39: Establishment can be closed in cases of emergency
The chief of police, or his designee, may immediately close an establishment licensed
under this chapter in case of emergency, for the safety of the public or to investigate a crime, for
a period of time not to exceed twenty-four (24) hours.
Section 40: Sale on election days
(a) Pursuant to the delegation of authority granted to this governing authority by Act No. 750
(House Bill No. 247) approved April 10, 1985, amending O.C.G.A. § 3-3-20(b)(2)(B), the sale of
wholesale and retail of alcoholic beverages, to wit: distilled spirits, wine and malt beverages,
shall be lawful during the polling hours of any election; provided, however, nothing herein shall
authorize the sale of alcoholic beverages within two hundred fifty (250) feet of a polling place
during such time as the polls are open.
(b) All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed.
State law references: Local governing authority may authorize the sale of alcoholic beverages on
election days, O.C.G.A. § 3-3-20.
Section 41. Bring your own bottle (brown bagging) prohibited
It is prohibited for any person to bring in his own alcoholic beverage (brown bag) in any
establishment either licensed or unlicensed to serve alcoholic beverages.
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Section 42: Types of entertainment, attire and conduct prohibited
Pursuant to The Constitution of the State of Georgia Article 3, Section 6, Paragraph VII:
(a) No person shall perform on a premise licensed hereunder acts of or acts which constitute or
simulate:
(1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or
any sexual acts which are prohibited by law;
(2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or
(3) The displaying of any portion of the female breast below the top of the areola or the
displaying of any portion of any person’s pubic hair, anus, cleft of the buttocks,
vulva, or genitals.
(b) No person shall use on licensed premises artificial devices or inanimate objects to perform,
simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this
section.
(c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any
film, still picture, electronic reproduction, or any other visual reproduction or image of any act or
conduct described in subsection (a) or (b) of the section.
Section 43: Alcoholic Awareness Training
(a) Any person to whom an alcohol pouring permit is issued, and all licensee’s managerial staff,
shall be required to complete an alcohol awareness training program within thirty (30) days from
date the person is issued an alcohol pouring permit.
(b) All persons employed within the City as of the enactment of the ordinance, holding a valid
alcohol pouring permit, shall have through December 31, 2006, in which to complete an alcohol
awareness training program.
(c) The City Manager shall maintain a list of schools, training facilities and trade associations
(Training Facilities) located in Fulton County, Georgia that are authorized and approved by the
City Manager to conduct alcohol awareness programs for the purpose of training servers of
alcohol in intervention procedures when customers become intoxicated.
(d) The Training Facilities shall issue, upon completion of the course, a certificate which shows
the individual has fulfilled the requirement for the course and is certified as an Alcohol
Awareness Server. The cost of the course will be the responsibility of the licensed establishment
that employs such server.
(e) The establishment employing individual(s) required to complete an alcohol awareness
program shall obtain the certificate(s) stating the employee(s) has successfully completed the
course and have the same delivered to the Revenue Division of the City to be kept with the
record(s) of the employee(s) having an alcohol pouring permit.
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(f) The privilege of a person to continue having a valid alcohol pouring permit is conditioned
upon completing an alcohol awareness program and having a certificate of course completion
provided to the City in a timely manner. Failure to do so is cause for suspension of the person’s
alcoholic pouring permit.
Article 2: Retail Sales of Distilled Spirits for Consumption on the Premises
Section 1: Definitions
For the purpose of this article, the following definitions shall apply:
(a) “Applicant” means the person, partner, firm or corporation, as owner, or other entity
authorized to represent the business making application for the license.
(b) “Bottle house” means any place of business open to the public or any private club which
allows guests, patrons, or members to bring in and consume the guest’s, patron’s, or member’s
alcoholic beverages on the premises.
(c) “Distilled spirits,” as defined in this article, means any alcoholic beverage obtained by
distillation or containing more than twenty-one percent (21%) alcohol by volume including, but
not limited to, all fortified wine, as defined in O.C.G.A. § 3-1-2(9), as amended.
(d) “Golf club” means a golf facility consisting of a clubhouse or a professional golf shop and a
regulation or executive length golf course of at least nine holes, as recognized by the United
States Golf Association, the Professional Golfers Association of America, and the Georgia State
Golf Association.
(e) “License” means the authorization by the Mayor and City Council to engage in the sale of
distilled spirits by the drink for consumption only on the premises.
(f) “Licensee” means any person, partner, firm, or corporation, as owner, holding a license to
engage in the sale of distilled spirits by the drink for consumption only on the premises.
(g) “Owner” means any person, corporation, or partnership or any other entity having a financial
interest in the income of the business. "Owner" shall also include any person, corporation or
partnership operating a business under a management contract.
(h) “Premises” means the definite closed or partitioned-in locality, whether room, shop, or
building wherein distilled spirits are dispensed for consumption on the premises by the drink.
Section 2: Violations of article; misdemeanor
(a) A violation of any section of this article shall be unlawful, the penalty shall be as provided
by law for misdemeanors. In addition, the license of any licensee contributing thereto shall be
subject to suspension or revocation in accordance with this article.
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(b) Any such violation may be tried in the Municipal Court of Milton if no jury trial is
demanded, otherwise trial shall be in the State Court of Fulton County.
State law references: Punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum
punishments which may be imposed for violations of city/county ordinances, O.C.G.A. § 36-1-
20(b).
Section 3: Condition of premises; restrictive acts
(a) The licensed premises shall be kept clean and shall be in full compliance with all regulations
of Milton governing the conditions of premises.
(b) The Fulton County Health Department shall regularly inspect such licensed premises to
determine that such licensed premises are in compliance with all Fulton County and state health
rules and regulations and report any violations to the City Manager or designee(s).
(c) The Milton or Fulton County Fire Department shall regularly inspect the premises to see
that they are in compliance with all Milton, Fulton County, and state fire regulations and report
any violation to the City Manager or designee(s).
(d) The Milton Community Development Department shall regularly inspect the licensed
premise(s) to determine if the premise(s) are in compliance with all technical code(s) of Milton
and Fulton County and report any violation to the City Manager or designee(s).
(e) The Milton or Fulton County Police Department shall periodically inspect the premise(s) to
determine if the licensed premise(s) are in compliance with all provisions of this article and
report any violation to the City Manager or designee(s).
Section 4: Days allowed for sale
The sale of alcoholic beverages on election day is limited to provision of state law, pursuant to
O.C.G.A. § 3-3-20.
The sale of alcoholic beverages on Sunday and holidays is limited to provision of state law,
pursuant to O.C.G.A. § 3-3-20 and O.C.G.A. § 3-3-7.
Section 5: Hours
The sale of distilled spirits by the drink for consumption on premises shall be permitted
only during the following hours and days of the week, as indicated:
(a) Monday through Saturday, from 9:00 am. until 2:00 am. of the following day.
(b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed
establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total
annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 (j)(l)].
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(c) All licensed premises shall close their premises to the public and clear the premises of patrons
within thirty (30) minutes after the time set in this section for discontinuance of the sale of
alcoholic beverages on the premises.
(d) The sale of alcoholic beverages shall not be permitted within two hundred fifty (250) feet of
any polling place on primary or election days
(e) The sale of alcoholic beverages shall not be permitted on Christmas day [see O.C.G.A. § 3-3-
20]
(f) In addition to other requirements under this ordinance, a licensed premise for the sale of
distilled spirits by the drink shall comply with the following:
(1) The licensed business shall open its business each day it is open by not later than 5:00
pm.
(2) The licensed business shall offer to its patrons prepared food and meals during all
hours it is open.
(3) The licensed business shall have a fully equipped kitchen, including cooking range,
oven, refrigeration, food preparation area, sink and other items necessary for
preparation of food and meals to be served on the premises.
(4) Comply with all requirements of Article 1: General Provisions; Section 3, relating to
the manner by which premises shall be maintained.
(g) This section shall not apply to private clubs.
Section 6: Conditions for a licensee's operation
(a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a
bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or
brand name of any alcoholic beverage.
(b) Indication of prices. All licensees hereunder, except private clubs, shall display in
prominent places or on their menus, their current prices of alcoholic beverages by the drink. The
licensee shall furnish to any customer that so desires an itemized bill of charges which shall not
exceed the established price list. The City Manager or the City Manager’s designee shall
regularly inspect the records of all sales of alcoholic beverages for consumption on the premises
and total sales to determine that the licensee is in compliance with this article.
(c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall advertise in
any news media or by any other means the fact that alcoholic beverages by the drink may be
purchased at such establishment; provided, however, that the licensees hereunder shall be
permitted to use the words "your favorite beverages served."
(d) Sale; location of. It shall be unlawful for any sales to be made outside of the building,
premises, or place of business licensed for such sale except as permitted herein.
(e) Opened original packages on licensed premises prohibited. It shall be unlawful for any
person except a licensee, his/her manager, or agent in charge of licensed premises, to carry into
or have in his possession on any licensed premises, any alcoholic beverages in the original
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package the seal of which has been broken or the original package opened, provided that this
section shall not apply to private clubs.
(f) Fingerprinting of employees. No person may be employed by an establishment holding a
license hereunder until such person has been fingerprinted by the police department and has been
issued a letter of clearance by the police department indicating the person has not violated any
law defined by this article. Then a letter of compliance shall be issued by the police department
indicating the person is eligible for such employment. This shall include performers, entertainers,
bartenders, barmaids, bouncers, and musicians engaged in temporary work, as well as regular
employees.
(1) All persons subject to the provisions of this section shall, within forty-eight (48)
hours after the date of their first work in an establishment holding a permit to sell
alcoholic beverages by the drink to be consumed on the premises, report to the Milton
Police Department for purposes of being fingerprinted.
(2) The police department shall have a complete and exhaustive search made relative to
any police record of the person fingerprinted. In the event there is a violation of laws
as defined in this article, the police department shall issue a letter to the person
fingerprinted stating that the person is eligible for employment.
(3) Excluded from the provisions of this section are employees whose duties are not in
any way involved with the preparation of or service of alcoholic beverages; musicians
and entertainers, however, are not excluded.
(4) Any letter of eligibility for employment issued hereunder shall expire twelve (12)
months from the date of issue. The Mayor and City Council may prescribe reasonable
fees for certifying the eligibility of employment.
Section 7: No sales to minors or physically or mentally incapacitated persons
No licensee shall sell or permit to be sold alcoholic beverages to a minor, as defined in O.C.G.A.
§ 3-3-23, as amended, which reads as follows:
(a) Except as otherwise authorized by law:
(1) No person knowingly, by himself or through another, shall sell, cause to be furnished,
or permit any person in his employ to sell or furnish any alcoholic beverage to any
person under twenty-one (21) years of age.
(2) No person under twenty-one (21) years of age shall purchase or knowingly possess
any alcoholic beverage.
(3) No person under twenty-one (21) years of age shall misrepresent his age in any
manner whatsoever 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 twenty-one (21) years of age.
(b) The prohibitions contained in paragraphs (a)(1), (a)(2), and (a)(4) of this section shall not
apply to the sale, purchase, or 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.
(2) At a religious ceremony.
Page 27 of 41
(3) In the home with parental consent.
(c) The prohibition contained in paragraph (a)(1) of this section shall not apply with respect to
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 twenty-one (21)
years of age or older. For purposes of this subsection, `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 proper identification includes,
without being limited to, a passport, military identification card, driver's license, or an
identification card authorized under O.C.G.A. tit. 40, ch. 5, art. 100(O.C.G.A. § 40-5-100),
requiring the department of public safety to issue identification cards to handicapped persons
who do not have a motor vehicle driver's license. `Proper identification' shall not include a birth
certificate.
(d) No licensee shall allow or require a person in his or her employment under eighteen (18)
years of age to dispense, serve, sell or take orders for any alcoholic beverage. This section shall
not prohibit persons under 18 years of age who are employed in supermarkets, convenience
stores, or drugstores from selling or handling alcoholic beverages which are sold for
consumption off the premises.
(e) Testimony by any person(s) under twenty-one (21) years of age, when given in an
administrative or judicial proceeding against another person(s) for violation of any provision of
this section, shall not be used in any administrative or judicial proceeding brought against such
testifying person(s) under twenty-one (21) years of age.
(f) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. title 15,
ch. 11 (O.C.G.A. § 15-11-1 et seq.) (pertaining to juvenile proceedings); or to any person(s) who
is physically or mentally incapacitated due to the consumption of alcoholic beverage(s). Nor
shall any licensee violate O.C.G.A. § 3-3-22, as amended, which provides as follows: `No
alcoholic beverage shall be sold, bartered, exchanged, given, provided, or furnished to any
person who is in a state of noticeable intoxication.' A violation of this section shall be cause for
suspending or revoking such license in accordance with provisions of this article.
Section 8: Minors prohibited on licensed premises unless accompanied by parent, guardian, or
custodian
No person who holds a license to sell distilled spirits by the drink shall allow any minors
to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such
minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such
minors shall be permitted in eating establishments or private clubs without being accompanied
by a parent, legal guardian, or custodian, and, provided further, that this section shall not apply to
minors who are employees under the terms of this article.
Page 28 of 41
Section 9: Employment of minor
No licensee hereunder shall allow any minor employed by a licensee to sell or otherwise handle
alcoholic beverages who is under 18 years of age.
Section 10: Minors misrepresenting age
It shall be unlawful for any minor to falsely misrepresent his age in any manner
whatsoever where said minor's purpose is to acquire and possess alcoholic beverages.
Section 11: Happy hour prohibited
No holder of any license to sell distilled spirits for consumption on the premises shall
engage in any one of the following practices in connection with the sale or other disposition of
distilled spirits:
(a) The sale of distilled spirits during any special period of the day at prices lower than
customarily charged at the premises for distilled spirits during the remainder of the day.
(b) The giving away of any distilled spirits in conjunction with the sale of any other distilled
spirits.
(c) The sale of two or more distilled spirits for a single price, including the sale of all distilled
spirits a customer can or desires to drink at a single price.
(d) The sale or serving of two or more distilled spirits at substantially the same price
customarily charged for one such wine or malt beverage.
(e) Requiring or encouraging the purchase of a second distilled spirit at the same time another
distilled spirit is purchased or before the first such beverage has been consumed.
(f) The sponsoring, conducting or allowing of contests or other promotions on the premises
which have as their primary purpose the increasing of the consumption of distilled spirits on the
premises.
(g) Allowing distilled spirits purchased on the premises to be removed from the premises
without having been consumed.
(h) Selling distilled spirits in pitchers or in jumbo or extra-large containers for less than the
normal retail price charged for an equivalent volume of distilled spirits in a normal size glass or
pitcher.
(i) This section shall not apply to private functions not open to the public. "Private function not
open to the public" shall mean any function wherein the licensee has agreed to the use of the
licensee's establishment by a person, firm or organization for a set period of time for valuable
consideration.
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It is the intent of this section to prohibit activities typically associated with promotions
referred to as "happy hour."
Section 12: Conflicting interests
No financial aid or assistance to any licensee hereunder from any wholesaler or
manufacturer of wine or malt beverages or other alcoholic beverages shall be permitted.
Article 3: Retail Sales of Beer or Malt Beverages and Wine for Consumption On the
Premises.
Section 1: Type of retail establishment where permitted
No beer or malt beverages or wine shall be sold for consumption on the premises where
sold except:
(a) In eating establishments having a full service kitchen (a full service kitchen will consist of a
three-compartment sink, a stove or grill permanently installed, a refrigerator, all of which must
be approved by the health and fire departments), prepared to serve food every hour they are
open;
(b) At a publicly owned golf course.
These eating establishments must be located in a zoning district which permits restaurants
and drive-in restaurants as conforming uses or where these eating establishments are incidental
to a hotel or motel.
Section 2: License fee and amount to defray investigative and administrative costs to accompany
application
Each application for a license under this article shall be accompanied by a certified check
for the full amount of the license fee, together with a separate check or cash in the amount as set
by resolution of the City Council to defray investigative and administrative costs. If the
application is denied and the license refused, or if the applicant withdraws his application prior to
being issued, the license fee shall be refunded, but the amount paid for investigation shall be
retained. However, any person applying for more than one license shall pay only one fee to
defray investigative and administrative expenses, which fee shall be the largest of the
investigative and administrative fees authorized under this Code. Any applicant for a license
under this article who has in existence at the time of making the new application an existing
license under this article shall pay no investigative and administrative costs.
Section 3: Hours and days of sale
The sale of beer or malt beverages and/or wine by the drink for consumption on premises
shall be permitted only during the following hours and days of the week, as indicated:
Page 30 of 41
(a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day.
(b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed
establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total
annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 (j)(l)].
(c) All licensed premises shall close their premises to the public and clear the premises of patrons
within thirty (30) minutes after the time set in this section for discontinuance of the sale of
alcoholic beverages on the premises.
(d) The sale of beer or malt beverages and/or wine shall not be permitted within 250 feet of any
polling place on primary or election days.
(e) The sale of beer or malt beverages and/or wine shall not be permitted on Christmas day [see
O.C.G.A. § 3-3-20].
(f) In addition to other requirements under this ordinance, a licensed premise for the sale of beer
or malt beverages and/or wine by the drink shall comply with the following:
(1) The licensed business shall open its business each day it is open by not later than 5:00
pm.
(2) The licensed business shall offer to its patrons prepared food and meals during all
hours it is open.
(3) The licensed business shall have a fully equipped kitchen, including cooking range,
oven, refrigeration, food preparation area, sink and other items necessary for
preparation of food and meals to be served on the premises.
(4) Comply with all requirements of Article 1: General Provisions; Section 3, relating to
the manner by which premises shall be maintained.
(g) This section shall not apply to private clubs.
Article 4: Retail Package Sales of Malt Beverages and Wine
State law references: License from county or municipality required for wholesale or retail sales
of wine, O.C.G.A. § 3-6-40.
Section 1: Type of retail establishment where permitted
No beer or malt beverage and/or wine shall be sold at retail except in establishments
maintaining fifty (50) percent of the floor space and storage area in a manner which is devoted
principally to the retail sale of grocery products and located in zoning districts in which these
establishments are permitted as a conforming use or in districts where an existing establishment
exists as a nonconforming use.
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Section 2: Hours and days of sale
(a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine
except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday. The hours
within which business may be carried on shall be determined by the standard time in force at the
time of the sale of beer or malt beverages and/or wine.
(b) Retail package beer and/or wine shall not be sold at any time in violation of any local
ordinance or regulation or of any special order of the governing authority.
(c) No retail package alcoholic beverages shall be sold on Sunday.
Section 3: Use of tags or labels to indicate prices
Retailers shall indicate plainly by tags or labels on the bottles or containers or on the shelf
immediately below where the containers are placed the prices of all beer and wine exposed or
offered for sale.
Section 4: Quantity sale requirements
Single cans or bottles or other containers of alcoholic beverages may be sold.
Section 5: License fee and amount to defray investigative and administrative costs to accompany
application
Each application for a license under this article shall be accompanied by a certified check
for the full amount of the license fee, together with a separate check or cash in the amount set by
resolution of the City Council to defray investigative and administrative costs. If the application
is denied and the license refused, or if the applicant withdraws his application prior to its being
issued, the license fee shall be refunded; but the amount paid for investigation and administrative
cost shall be retained. However, any person applying for more than one license shall pay only
one fee to defray investigative and administrative expenses, which fee shall be the largest of the
investigative and administrative fees authorized under this Code. As to any applicant for a
license under this article who has in existence at the time of making the new application an
existing license under this article, there shall be no investigative and administrative fee.
Article 5: Retail Package Sales of Distilled Spirits
State law references: Regulation by county or municipality required of package sales of distilled
sprits, O.C.G.A. § 3-4-49
No retail package liquor licensed place of business shall be licensed to operate within five
hundred (5000 yards of any other business licensed to sell package liquor at retail, as measured
by the most direct route of travel on the ground; provided, however, that this limitation shall not
apply to any hotel licensed under this chapter.
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Article 6: Wholesalers
Section 1: Special provisions applicable to wholesale purchases
(a) Any person desiring to sell at wholesale any alcoholic beverages in the City shall make
application to the City Manager for a license to do so, which application shall be in writing on
the prescribed forms, and pay any license as set by the Mayor and City Council.
(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 chapter; 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.
Section 2: Hours and days of sale
Wholesalers shall not engage in the sale of alcoholic beverages except between 7:00 a.m.
and 6:00 p.m. Monday through Saturday. There shall be no sales of alcoholic beverages on
Sunday.
Section 3: Audit and penalties
(a) If the City Manager deems it necessary to conduct an audit of the records and books of the
licensee, he shall notify the licensee of the date, time and place of the audit.
(b) Any licensee who violates any provisions of this article may, upon conviction, be punished
by a fine of not less than three hundred dollars ($300.00) for each offense and/or thirty (30) days
in the common jail of the city, and the license may be suspended or revoked.
Article 7: Private Clubs
State law references: Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et seq.
Section 1: Definitions
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:
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(a) “Fixed salary” means the amount of compensation paid any member, officer, agent, or
employee of a bona fide private club as may be fixed for him by its members at a prior annual
meeting or by the governing body out of the general revenue of the club and shall not include a
commission on any profits from the sale of alcoholic beverages. For the purpose of this
definition, tips or gratuities which are added to the bills under club regulation shall not be
considered as profits from the sale of alcoholic beverages.
(b) “Private club” means any nonprofit association organized under the laws of this state which:
(1) Has been in existence at least one year prior to the filing of its application for a
license to be issued pursuant to this article;
(2) Has at least seventy-five (75) regular dues paying members;
(3) Owns, hires or leases a building or space within a building for the reasonable use of
its members with:
a. Suitable kitchen and dining room space and equipment;
b. A sufficient number of employees for cooking, preparing and serving meals
for its members and guests; and
c. Has no member, officer, agent or employee directly or indirectly receiving in
the form of salary or other compensation, any profits from the sale of
alcoholic beverages beyond a fixed salary.
(c) “Sports club” means an association or corporation organized and existing under the laws of
the state, organized and operated primarily to provide a location for the patrons thereof to engage
in sporting events. To qualify for an alcoholic beverage consumption dealer's license, a sports
club must have been actively in operation within the City at least two years prior to an
application for license under this chapter. Provided, however, the two-year operational
requirement shall not apply to golf club associations or golf club corporations where the selling
or the serving of alcoholic beverages is to take place on the golf course premises. A sports club
organized or operated primarily for serving of alcoholic beverages shall not qualify for licensing
under this article, and accordingly shall not be permitted to serve alcoholic beverages at any
time. Unless otherwise indicated, a sports club licensee shall comply with all other requirements
imposed upon retail consumption dealers.
Section 2: Regulation of sale of alcoholic beverages
Private clubs may sell and dispense alcoholic beverages upon compliance with all
applicable ordinances and regulations of the City governing the sale of such beverages and upon
payment of such license fees and taxes as may be required by the existing ordinances, rules and
regulations of the city.
Section 3: Certain organizations exempt from food establishment requirements
Veterans’ organizations, fraternal organizations, and other nonprofit organizations
currently having tax exempt status under either the United States Internal Revenue Code or the
state income tax law shall not be required to operate a food establishment serving prepared food.
However, any such organization selling or dispensing alcoholic beverages shall be subject to all
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ordinance regulations dealing with general licensing and consumption on the premises
establishments.
Section 4: Investigative and administrative costs
Each application for a license under this article shall be accompanied by a certified check
for the full amount of the license fee, together with a separate check or cash in the amount set by
resolution of the City Council for distilled spirits and/or beer and/or wine to defray investigative
and administrative costs. If the application is denied and the license refused, or if the applicant is
denied a state license, the deposit representing the license fee shall be refunded, but the amount
paid for investigation and administrative cost shall be retained. However, any person applying
for more than one license shall pay only one fee to defray investigative and administrative
expenses, which fee shall be the largest of the investigative and administrative fees authorized
under this Code. Any applicant for a license under this article who has in existence at the time of
making the new application an existing license under this article shall pay no investigative and
administrative costs.
Section 5: Hours and days of sale
(a) No alcoholic beverages shall be sold for consumption on the premises except between the
hours of 9:00 a.m. and 4 a.m. Monday through Saturday.
(b) Alcoholic beverages shall not be sold for consumption at any time in violation of any local
ordinance or regulation or of any special order of the governing authority.
(c) The sale of beer and/or wine for consumption on the premises is permitted on Sundays from
12:30 p.m. until 12:00 midnight in: (i) any licensed establishment which derives at least fifty
percent (50%) of its total annual gross sales from the sale of prepared meals or foods in all of the
combined retail outlets of the individual establishment where food is served; (ii) any licensed
establishment which derives at least fifty percent (50%) of its total annual gross income from the
rental of rooms for overnight lodging.
(d) Alcoholic beverages may be sold for consumption on the premises from 12:00 midnight to
2:00 a.m. on any Monday which is New Year's Day, January 1, of any year.
Section 6: Eligibility for issuance of a temporary special event license
(a) A temporary license may be issued to any person, firm or corporation, for a period not to
exceed ten days in any one year, for an approved special event. The person, firm or corporation
must make application and pay the fee that may be required by the ordinances and shall be
required to comply with all the general ordinances and the licensing and regulations for a
consumption on the premises establishment with the exception of the full service kitchen
requirement.
(b) The special event must meet the following criterion prior to the issuance of a license to sell
alcoholic beverages:
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(1) The special event must be associated with and benefit the cause of a charitable or
civic organization.
(2) The special event must receive approval from the City police department on crowd
control and security measures.
(3) The special event must receive approval from the City department of transportation,
traffic operations section, on traffic control measures.
(4) The location at which the special event is to take place must be properly zoned and
approved by the City planning and development department.
(5) The premises at which the special event is to take place must be approved by the City
Manager.
(c) Any employee or volunteer of the special event licensee, working the special event in any
position dispensing, selling, serving, taking orders or mixing alcoholic beverages shall not be
required to obtain a pouring permit for the special event.
(d) The chief of police or his designee may immediately revoke any temporary license for a
special event if it is determined continued alcohol sales may endanger the health, welfare or
safety of the public.
(e) As a condition on the issuance of a temporary special event license, the licensee shall
indemnify and hold the City harmless from claims, demand or cause of action which may arise
from activities associated with the special event.
Article 8: Hotel-Motel In-Room Service
Section 1: License
(a) In-room service means the provision of a cabinet or other facility located in a hotel-motel
guestroom which contains beer and/or wine only, which is provided upon written request of the
guest and which is accessible by lock and key only to the guest and for which the sale of the beer
and/or wine contained therein is final at the time requested except for a credit which may be
given to the guest for any unused portion.
(b) Any hotel-motel that acquires this in-room service shall also be required to obtain a
consumption on the premises license and meet all of the requirements of this chapter.
(c) No hotel-motel shall be authorized to provide in-room service until it has been issued a
special license to do so. A license fee as set forth by resolution of the City Council be imposed to
provide only beer and/or wine by "in-room service."
(d) The sale of beer and/or wine by in-room service shall be subject to all restrictions and
limitations relative to the retail sale of any alcoholic beverages, except as provided otherwise in
this article.
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(e) Keys for in-room service shall only be sold to guest between the hours of 7:00 a.m.
until12:00 midnight Monday through Saturday and between the hours of 12:30 p.m. until
midnight on Sunday.
Article 9: Happy Hour
Section 1: Promotions and sales
(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 two alcoholic beverages to one person at a time, however, nothing
herein shall prohibit a brewpub from offering a sampler of malt beverages in
containers not exceeding four ounces. Each sampler shall not exceed four different
types of malt beverages.
(3) Sell, offer to sell, or deliver to any person or group of persons any alcoholic
beverage at a price less than the price regularly charged for such alcoholic 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 group of persons an unlimited number
of alcoholic beverages during any set period of time for a fixed price, except at
private functions not open to the public.
(5) Sell, offer to sell, or deliver alcoholic 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 alcoholic beverages, including malt beverages, in any
container which holds more than thirty-two (32) fluid ounces (.947 liters), 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 price charged for all alcoholic beverages to be
served and consumed on the licensed premises or in any 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 the 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.
(d) No provision of this section shall be construed to prohibit licensees from offering free food
or entertainment at any time, to prohibit licensees from including an alcoholic beverage as part of
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a meal package, or to prohibit the sale or delivery of wine by the bottle or carafe when sold with
meals or to more than one person.
(e) It is the intent of this section to prohibit activities typically associated with promotions
referred to as happy hour or similarly designated promotions.
(f) The police department shall have responsibility for the enforcement of this article.
(g) No licensee may require the purchase of any alcoholic beverage as a part of or prerequisite
to the purchase of any other product or service. If alcoholic beverages are included as part of a
package of other goods and/or services, the alcoholic beverages must be priced separately and all
customers must be allowed to purchase the remaining goods and services without the alcoholic
beverages at a price from which the full price of the alcoholic beverages has been deducted.
(h) Any person deemed guilty of violating this section may be punished by a fine not to exceed
the maximum amount allowed by state law and/or by imprisonment not to exceed thirty (30)
days in the common jail of the city. Licensees may further be subject to revocation proceedings.
Article 10: Excise Taxes
*State law references: Levy of tax on sale of distilled spirits by the package authorized, O.C.G.A.
§ 3-4-80; authorization to levy tax on wine, O.C.G.A. § 3-6-60.
Section 1: Bottled Distilled Spirits by the Package and Wine by the Package; Rate
(a) An excise tax is levied on the sale of distilled spirits by the package, at the wholesale level,
and is set at the rate set forth by resolution of the City Council.
(b) An excise tax is levied on the first sale or use of wine by the package at the wholesale level
and is set at the rate set forth by resolution of the City Council.
(c) The excise tax(s) imposed shall be collected by all wholesalers selling wines and alcoholic
beverages to persons holding retail licenses for sale to the same, in the City of Milton. Said
excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such
beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the
Revenue Division of the City of Milton, on or before the 15th day of each month, for the
preceding calendar month. This remittance shall be submitted on forms as prescribed or
authorized by the Revenue Division of the City of Milton. Remittances shall be accompanied by
a statement under oath from a responsible person employed by the wholesaler showing the total
sales of each type of wine and alcoholic beverage, by volume and price, disclosing for the
preceding calendar month the exact quantities of wine and alcoholic beverages, by size and type
of container, constituting a beginning and ending inventory for the month, sold to every person
holding a retail license for the sale of wine and alcoholic beverages in the City of Milton. Failure
to file such a statement, or to remit the tax collected on or before the 15th day of each month,
shall be grounds for suspension or revocation of the license provided for by this chapter.
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Section 2: Levy of Excise Tax on Sale of Malt Beverages; Reporting of Sales; Payment of Tax.
(a) An excise tax is levied on the first sale and use of malt beverages at the wholesale level and is
set at the rate set forth by resolution of the City Council (b) The excise taxes imposed shall be
collected by all wholesalers selling alcoholic beverages to persons holding retail licenses for sale
to the same, in the City of Milton. Said excise taxes shall be collected by the wholesalers at the
time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the
proceeds so collected to the Revenue Division of the City of Milton, on or before the 15th day of
each month, for the preceding calendar month. This remittance shall be submitted on forms as
prescribed or authorized by the Revenue Division of the City of Milton. Remittances shall be
accompanied by a statement under oath from a responsible person employed by the wholesaler
showing the total sales of each type of malt beverage, by volume and price, disclosing for the
preceding calendar month the exact quantities of malt beverages, by size and type of container,
constituting a beginning and ending inventory for the month, sold to every person holding a retail
license for the sale of malt beverages in the City of Milton. Failure to file such a statement, or to
remit the tax collected on or before the 15th day of each month, shall be grounds for suspension
or revocation of the license provided for by this chapter.
Section 3: Sales of Distilled Spirits by the Drink
(a) An excise tax is levied upon every sale of alcoholic beverages containing distilled spirits
purchased by the drink at the retail level and is set at the rate set forth by resolution of the City
Council.
(b) Every licensee for the sale of distilled spirits by the drink operating a place of business in the
City of Milton shall, at the time of sale for food and drinks served, itemize separately the price of
each sale of alcoholic beverages containing distilled spirits.
(c) Every licensee is required to pay the tax imposed herein for sale of alcoholic beverages
containing distilled spirits by the drink within the licensed premises. Such licensee shall furnish
all information as may be requested by the City to facilitate the collection of this tax. Any
licensee who shall neglect, fail, or refuse to pay the tax herein provided, upon all retail sales
made by licensee of alcoholic beverages containing distilled spirits by the drink shall be liable
for and pay the tax himself.
(d) Due dates, returns and collection fees.
(1) All taxes collected by any licensee by this section shall be due and payable to the
Revenue Division of the City of Milton monthly on or before the twentieth (20th) day
of every month next succeeding each respective monthly period.
(2) The return for the preceding monthly period shall be filed with the City of Milton in
such form as the City may prescribe or authorize and signed by the licensee liable
for the payment of tax hereunder.
(3) Returns shall show the gross receipts from the sale of food, if applicable, alcoholic
beverages containing distilled spirits, indicating the number sold, by the drink,
amount of tax collected or authorized due for the related period, and such other
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information as may be required by the City, on forms prescribed or authorized by the
City.
(4) The licensee shall deliver the return, together with the remittance of the net amount
of tax due to the Revenue Division of the City of Milton.
(5) Licensees collecting the tax shall be allowed three percent (3%) of the first three
thousand dollars ($3,000.00) of tax due and one-half percent (1/2%) of the amount in
excess of three thousand dollars ($3,000.00) as a vendor’s credit under this section
and shall be reimbursed in the form of a deduction in submitting, reporting and
paying the amount due, if said amount is not delinquent at the time of payment. The
rate of the deduction shall be the same rate authorized for deductions from state law
as now or hereafter amended.
Section 4: Deficiency Determinations.
(a) If the City of Milton is not satisfied with the return or returns of the tax or the amount of the
tax required to be paid to the City of Milton by a party, the City may compute and determine the
amount required to be paid upon the basis of any information within its possession or that may
come into its possession. One, or more, deficiency determinations may be made of the amount
due for any monthly period.
(b) The amount determined to be deficient shall bear interest at the rate of one percent (1%) per
month, or fraction thereof, from the fifteenth (15th) day of the month after the close of the period
for wholesale tax due, or from the twentieth (20th) day after the close of the period for retail tax
due, which the amount or any portion thereof should have been returned until paid, in addition to
any other penalties which may be imposed.
(c) For any deficiency which is determined to be made due to fraud, or an intent to evade any
provisions of this ordinance, a penalty of twenty-five percent (25%) of the deficiency shall be
added thereto.
(d) The City shall give to the licensee written notice of the determination. The notice may be
served personally or by mail; if by mail such service shall be addressed to the licensee at his
address as it appears in the records of the City. In the case of service by mail of any notice
required by this Article, the service is complete at the time of deposit in the United States Post
Office.
(e) Except in the case of fraud, intent to evade this ordinance, or failure to make a return, every
notice of deficiency determination shall be mailed within three (3) years after the twentieth (20th)
of the calendar month following the monthly period for which the amount is proposed to be
determined, or within three (3) years after the return is filed, whichever period should last expire.
Section 5: Determination of Tax if no Return Made.
(a) If any licensee fails to make a return, the City of Milton shall make an estimate of the
amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total
sales in the City which are subject to the tax. The estimate shall be made for the period or periods
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in respect to which the licensee failed to make the return and shall be based upon any
information which is or may come into the possession of the City. Upon the basis of this
estimate, the City shall compute and determine the amount required to be paid the City. One or
more determinations may be made for each period.
(b) If the failure of any person to file a return is due to fraud or an intent to evade this ordinance,
a penalty of twenty-five percent (25%) of the amount required to be paid by the party shall be
added thereto in addition to any other penalties which are imposed under this ordinance.
(c) The City shall promptly give to the party written notice of the deficiency.
Section 6: Interest and Penalties for Failure to Pay Tax.
(a) Any party who fails to pay the tax herein imposed by the City of Milton or fails to pay any
amount of such tax required to be paid by the party, shall in addition to the tax, pay an interest on
the outstanding tax obligation at the rate of one percent (1%) per month, or fraction thereof, from
the date the tax payment was last due until payment is made.
(b) Any party who fails to pay the tax herein imposed to the City or fails to file any required tax
return to the City, within the time required shall pay a penalty of fifteen percent (15) of the tax,
or amount of the tax and interest, due the City.
Section 7: Failure to Pay; Grounds for Suspension or Revocation of Retail License.
Failure to pay the taxes imposed by this article or file the required return shall be grounds for
suspension or revocation of any retail license to sell alcoholic beverages in the City of Milton. In
the event that any person holding a retail license shall fail to file the required return or to pay the
taxes imposed by this article, it shall be grounds for suspension or revocation of any retail license
to sell alcoholic beverages in the City. In the event that any person holding a retail license shall
fail or refuse to pay to the wholesaler selling to him alcoholic beverages the tax imposed by the
City, the wholesaler shall immediately report such failure to pay to the business license division
of the City and shall make no further sales of any alcoholic beverages whatsoever to said retailer
until receipt of written notification to do so from the City. In such event, the tax may be collected
by the City by an action at law against the retailer.
Article 11: Brewpubs
Section 1: Definition; licensing; excise tax; administration
(a) License required. No person, firm or corporation shall be issued a brewpub license without
first obtaining a retail consumption license.
(b) Authorization of license holder. A brewpub license authorizes the holder of such license to
manufacture on the licensed premises not more than fifteen hundred (1,500) barrels of beer in a
calendar year solely for retail sale on the premises and solely in draft form.
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(c) Distribution. Distribution of any malt beverages produced by a brewpub licensed under this
article to any wholesaler is prohibited.
(d) Excise tax. There is hereby levied an excise tax on all beer and malt beverage produced by
a brewpub at the rate set forth by resolution of the City Council. Such tax shall be paid to the
Revenue Division no later than the twentieth (20th) day of each month for the preceding month's
production. A late payment penalty not to exceed ten percent (10%) of the tax otherwise due
shall be added to the amount due for any payment not received by the due date.
(e) Administration.
(1) The City Treasurer, or his/her designee, is authorized to establish procedures for
administering all provisions of this article to include, but not limited to, reporting
forms and requirements, or establishing procedures and schedules for conducting
financial audits or inspections of the books or records of any establishment licensed
under this article.
(2) Every brewpub located within the City shall file a monthly report with the Revenue
Division, no later than the twentieth (20th) day of each month, on such forms as the
Revenue Division may prescribe, setting forth all malt beverages produced during
such preceding calendar month, to include beginning and ending inventories. Such
report shall also indicate the total production of malt beverages during the report
period and the proper tax remittance for such production. Failure to properly
complete or submit the required reports shall subject the licensee to a late filing
penalty set forth by resolution of the City Council.
Section 2: Severability
If any section, provision or clause of any part of this article shall be declared invalid or
unconstitutional, or if the provisions of any part of this article as applied to any particular
situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity
shall not be construed to affect the portions of this article not so held to be invalid, or the
application of this article to other circumstances not so held to be invalid. It is hereby declared as
the intent that this article would have been adopted had such invalid portion not been included
herein.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, City Treasurer/Director of Operations
Date: October 24, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of an Ordinance Approving and Adopting Chapter 10, Taxation
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance approving Chapter 10 relating to Taxation and direct staff to
document processes and procedures in alignment with the provisions of Chapter 10. This
agenda item was presented during the October 24, 2006 Governor’s Commission Meeting.
Background:
The City’s Charter (House Bill 1470) outlines in Article I, Incorporation and Powers, Section
1.12, Municipal Powers, the following:
“(5) Business regulation and taxation. To levy and provide for the collection of license fees
and taxes on privileges, occupations, trades, and professions; to license and regulate the
same; to provide for the manner and method of payment of such licenses and taxes; and to
revoke such licenses after due process for the failure to pay any city taxes or fees.”
Discussion:
Chapter 10 outlines the areas of taxation to be levied by the City of Milton. Chapter 10
addresses all taxation not addressed in other chapters. Those are as follows:
Real and Personal Property:
Property valuation and assessment remains the responsibility of the Fulton County
Board of Tax Assessors. The City Council will adopt the assessment and valuations
made by the Board of Tax Assessors and will set the millage rate for ad valorem taxes
for all real property within the City for ad valorem tax purpose on or before September
30 of each year.
Ad valorem taxes for the City of Milton become due and payable between September 1
and October 31 of each year. Staff will have a prescribed process in place to bill ad
valorem taxes on or before September 1 each year, using the Fulton County tax digest
and applying all City of Milton homestead exemptions.
The chapter provides for penalty and interest for delinquent tax payments as well as the
procedure for issuing levies of execution as allowed by state law. The chapter also
provides for the process regarding assessment appeals to Fulton County and any
refunds due by the City upon the outcome of the appeal process.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
Hotel/Motel Occupancy Tax:
The City has the right to impose and collect a 3% excise tax on the rent for every
occupancy of a guest room in a hotel in the City. The chapter outlines exceptions to the
tax and the process for remittance of the occupancy tax. The chapter also outlines
penalties for non-payment and non-compliance with the chapter provisions.
All hotels in the City are required to register with the City Treasurer’s office via the
prescribed form and are responsible for monthly remittance of the excise tax. Upon
registration, the City issues the hotel/motel a certificate of authority to collect the tax
from the occupant.
Rental Motor Vehicle Excise Tax:
The City has the right to impose and collect a 3% excise tax on rental motor vehicles.
This excise tax is levied on rental vehicle transactions that generate a sales tax charge.
The rental vehicle business operator is responsible for the collection and remittance of
the excise tax to the City.
The revenue received from this excise tax is specifically for use in public safety facilities,
including but not limited to, public sidewalks, traffic light installation, public street
lighting, and maintenance of such items.
The chapter outlines exceptions and the process for remittance of the rental vehicle
excise tax. The chapter also outlines penalties for non-payment and non-compliance
with the chapter provisions.
Alternatives:
None identified.
Concurrent Review:
Aaron Bovos, CGFM, CTP, City Manager
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 10, TAXATION, AND
PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 10 (TAXATION) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Taxation is hereby adopted and approved; and
is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 10 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 9
Chapter 10: Taxes
Article 1: Ad Valorem Taxes.
Section 1: Annually Set.
On or before September 30 of each year the Council shall set the millage rate for ad valorem
taxes for all real property within the City for ad valorem tax purpose.
Section 2: Due Date.
The ad valorem taxes due the City shall become due and payable between September 1 and
October 31 of each year, any said taxes not paid in full by the last day specified shall, not
withstanding any existing law, be in default, and shall bear interest and penalties, now or
hereafter, as provided by law for taxes which are delinquent or in default, and executions shall be
issued therefore, at such time the City has met the legal requirements of all state and local laws.
Section 3: Fines for Delinquent Payment.
(a) Any person failing to return his/her real property, for tax purposes, on or before the 31st
day of October of each year shall be assessed a penalty of 10 percent of the amount of
taxes due the City. Said penalty shall be in addition to the amount of ad valorem taxes
due the City and also in addition any costs and interest and interest permitted by law.
(b) Partial payments shall be accepted. Interest and penalties will be computed on
outstanding balances as of the delinquent date.
Section 4: Collection of Delinquent Taxes.
(a) The duty to collect by levy and sale, or otherwise, for delinquent taxes is hereby imposed
upon the City Treasurer or his/her designee as issuing officer and the Sheriff of Fulton
County as execution officer. All levies of execution for delinquent taxes shall be in the
name of the City. This duty may be contracted by the City Council to a third party.
(b) It shall be the duty of the City Treasurer or his/her designee, to comply with all provisions
of Georgia law applicable to the provision for issuing, sale and transfer of tax executions
and laws governing judicial sales and to:
(i) Keep a file of all newspapers in which an official advertisement appears;
(ii) Keep an execution docket in which shall be entered a full description of
all executions;
(iii) Maintain a book of all sales;
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(iv) Maintain an index to the sales and executions.
(c) The City Treasurer shall sign all levies, notices, advertisements, and the like in his/her
name for the City.
(d) Execution issued in the name of the City for delinquent ad valorem taxes shall be directed
and delivered to the Sheriff of Fulton County, who shall enter the execution upon the
docket to be kept in his/her office and he shall proceed to enforce the collection of the
execution in the manner prescribed by law.
(e) The City Treasurer will issue all fi. fas. for delinquent taxes and the Sheriff of Fulton
County shall execute such fi. fas. under the same procedures provided by law governing
execution of such process from the superior court, or by the use of any other available
legal process and remedies.
Section 5: Assessment of Property for Ad Valorem Taxes.
(a) The Fulton County Board of Tax Assessors is hereby designated to have the responsibility
for assessment and valuation of property within the City limits. The City Council shall
adopt the assessment and valuations made by the Board of Tax Assesses of Fulton
County for all property located within the City limits, as may be established from year to
year by the Fulton County Board of Tax Assessors.
(b) The City Council does authorize the Tax Commissioner of Fulton County to make such
adjustments in the collection of individual items of tax, and to make such refunds as may
be proper and necessary, by adding to or deducting from the distribution due the City at
the next period of accounting, along with stated explanation of the correction.
Article 2: Hotel and Motel Tax.
Section 1: Definitions:
(a) Guest room means a room, lodging, or accommodation occupied or intended for
occupancy by one or more occupants but does not mean a meeting room which is
intended, designed, or used for meetings.
(b) Hotel means a structure or any portion of a structure, including but not limited to,
rooming or lodging houses, inns, motels, motor hotels and courts, hotels, cabins, public or
private clubs, and tourist camps, which contain guest rooms which are regularly furnished
for value to the public.
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(c) Occupancy means the use or possession or the right to the use or possession of any guest
room in a hotel or the right to the use or possession of the furnishing of services or
accommodations which accompany the use or possession of a guest room in a hotel.
(d) Occupant means any person who for a consideration uses or possesses or has the right to
use or possess a guest room in a hotel under any lease, concession, contract, permit, right
of access, license, or other agreement.
(e) Operator means any person operating a hotel in the City, including the owner, proprietor,
lessee, sub-lessee, licensee, or other entity operating the premises.
(f) Person means any individual, firm, partnership, association, corporation, organization,
company, estate, trust, receiver, trustee, syndicate, or other group, combination, or entity.
(g) Rent means the consideration received for the occupancy of a guest room in a hotel
whether received in money, property, services, or credits.
(h) Tax means the tax imposed by this Article.
Section 2: Tax Imposed; Exceptions.
(a) There is imposed, assessed, and levied, and there shall be paid an excise tax of three
percent (3%) of the rent for every occupancy of a guest room in a hotel in the City. The
tax shall be paid on any occupancy after December 1, 2006 within the city limits.
(b) The tax imposed by this Article shall not apply to:
(i) Any charges for any rooms, lodgings, or accommodations provided to any persons
who certify that they are occupying such accommodations as a result of the
destruction of their home by fire or other casualty;
(ii) Any charges for continuous occupancy after the initial 10 days of continuous
occupancy; or
(iii) Any rent for a guest room in a hotel which is occupied by a Georgia state or local
government official or employee who is traveling on official business.
Section 3: Liability for Payment.
Every person occupying a guest room in a hotel in the City is liable for the tax imposed by this
Article. The liability for the tax is not extinguished until the tax has been paid to the City;
however, the occupant is relieved from further liability upon the payment of the rent to the
operator. Additionally, any operator who neglects, fails, or refuses to collect the tax from the
occupant shall be liable for and shall pay the tax and any interest and penalties assessed.
Page 4 of 9
Section 4: Operator registration; certificate of authority.
(a) Every person engaged in or about to engage in the operating as an operator of a hotel in
the City shall register at City Hall on a form provided by the City. Persons engaged in the
business must so register not later than December 31, 2006, but the failure to register
shall not relieve any person from the obligation of payment or collection of the tax.
(b) The registration shall set forth the name under which the person transacts business or
intends to transact business, the location of his/her place or places or business, and other
information which would facilitate the collection of the tax as the City may require. The
registration shall be signed by the owner if a natural person; in case of ownership by an
association or partnership, by a member or a partner; in the case of ownership by a
corporation, by an executive officer or some person specifically authorized by the
corporation to sign the registration.
(c) The City shall, after the registration, issue without charge a certificate of authority to each
operator to collect the tax from the occupant. A separate registration shall be required for
each place of business of an operator. Each certificate shall state the name and location of
the business to which it is applicable and shall be prominently displayed therein so as to
be seen and to come readily to the notice of all occupants and persons seeking occupancy.
(d) The certificates shall be non-assignable and nontransferable and shall be returned
immediately to the City Manager or his/her or her designee, upon the cessation of
business at the location named or upon the sale or transfer of the business at that location.
Section 5: Filing Return; Payment; Collector Reimbursement.
(a) The tax shall become due and payable from the occupant at the time of occupancy of a
guest room in a hotel in the City. All such taxes collected by the operator shall be due and
payable to the City of Milton on or before the 20th day of every month next succeeding
the month in which the occupancy occurs.
(b) On or before the 20th day of every month, a return for the preceding month shall be filed
with the City of Milton by every operator liable for the collection and payment of the tax
imposed by this Article. The return shall be in such form as the City shall prescribe, and
shall show the gross rent, the taxable rent, the amount of tax collected or otherwise due
for such month, and such other information as the City may require.
(c) The person required to file the return shall deliver the return and the remittance of the net
amount of the tax due to the City of Milton.
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(d) If the amount of the tax due is not delinquent at the time of payment to the City, the
operator may deduct three percent (3%) of the amount of the tax due as reimbursement
for collecting the tax.
Section 6: Disposition of Revenue.
All revenue collected by the City pursuant to this Article shall be expended in a manner
consistent with Georgia law codified at O.C.G.A. § 48-13-50 et seq.
Section 7: Delinquent Penalty.
Any operator who fails to pay the tax to the City on or before the due date shall pay a penalty
of 10 percent of the tax not paid plus interest on the unpaid tax at the rate of 1 percent
per month.
Section 8: Enforcement and Administration.
(a) The City Treasurer shall administer and enforce the provisions of this Article.
(b) The City Treasurer shall have the power and authority to make reasonable rules and
regulations not inconsistent with this Article or other laws or ordinances for the
administration and enforcement of the provisions of the Article and the collection of the
tax.
(c) Every operator renting guest rooms in a hotel in the City shall keep such records, receipts,
invoices, and other pertinent papers in such form as the City Manager or his/her or her
designee, may require.
(d) The City Treasurer or any person authorized in writing by the City Manager may examine
the books, papers, records, financial reports, and facilities of any operator renting guest
rooms and any operator liable for the tax in order to verify the accuracy of and return
made or to ascertain and determine the amount of tax which should be paid.
(e) In administering this Article, the City Treasurer may require the filing by operators of
reports relating to the rental of guest rooms.
Section 9: Penalties
Any operator or person who violates any provision of this Article shall be guilty of a
misdemeanor and upon conviction shall be punished as provided in this Code.
Page 6 of 9
Article 3: Rental Motor Vehicle Excise Tax
The City Council does exercise its authority as granted by Georgia law (O.C.G.A. § 48-13-90 et
seq.) to levy an excise tax on rental motor vehicles to be used for the purposes provided by
Georgia law.
Section 1: Definitions:
(a) Motor vehicle means a motor vehicle designed to carry ten or fewer passengers and used
primarily for the transportation of persons that is rented or leased without a driver
regardless of whether such vehicle is licensed in the State of Georgia.
(b) Rental motor vehicle concern means a person or legal entity which owns or leased five or
more rental motor vehicles and which regularly rents of leases such vehicles to the public
for value.
(c) Month or monthly period shall mean the calendar months of any year.
(d) Rental charge means the total value received by a rental motor vehicle concern for the
rental or lease of 31 or fewer consecutive days of a rental motor vehicle, including the
total cash and non-monetary consideration for the rental or lease including, but not
limited to, charges based on time or mileage and charges for insurance coverage or
collision damage waiver but excluding all charges for motor fuel taxes or sales taxes.
(e) Tax, Excise tax or taxes shall mean the tax imposed by this article
Section 2: Authority and Records
(a) The City Treasurer shall administer and enforce this article for the levy and collection of
the tax.
(b) Every rental motor vehicle concern subject to this article shall keep such records, receipts,
invoices and other pertinent papers in such form as the City Treasurer may require.
Section 3: Excise Tax Levied
(a) There is hereby assessed and levied an excise tax upon each rental charge collected by
any rental motor vehicle concern when such charge constitutes a taxable event for the
purposes of the sales and use tax as provided for under O.C.G.A. chapter 8 article 1, as
amended on any motor vehicle rental charge made in the City of Milton after December
1, 2006. The tax levied pursuant to this article shall be in the amount of three percent of
the rental charge as defined herein. The tax levied pursuant to this article shall be
imposed only at the time when and the place where a customer pay sales tax with respect
to the rental charge. The customer who pays a rental charge that is subject to the tax levy
Page 7 of 9
as provided in this article shall be liable for the tax. The tax shall be paid by the customer
to the rental motor vehicle concern. The tax shall be a debt of the customer to the rental
motor vehicle concern until it is paid and shall be recoverable at law in the same manner
as authorized for the recover for other debts.
(b) The rental motor vehicle concern collecting the tax shall remit the tax to the City of
Milton and the tax thus remitted shall be a credit against the tax imposed by this article on
the rental motor vehicle concern. Every rental motor vehicle concern subject to the tax
levied by this article shall be liable for the tax at the rate of three percent (3%) upon the
rental charges, actually collected or the amount of taxes collected from the customers,
whichever, is greater.
(c) The Council declares that the proceeds received from the excise tax levied by this article
are to be expedited for use in public safety facilities, including pedestrian sidewalks,
installation of traffic lights, street lighting for public safety purposes, and for the
maintenance of such systems of traffic lights and streets lights within the territorial city
limits.
Section 4: Exceptions
No tax shall be imposed pursuant to this article on the rental charge associated with the
rental or lease of a rental motor vehicle if either:
(i) The customer picks up the rental motor vehicle outside the State of Georgia and
returns it within the State of Georgia;
(ii) The customer picks up the rental motor vehicle in the State of Georgia and returns it
outside the State of Georgia.
Section 5: Amount of tax allowed to be retained for expenses
Each rental motor vehicle concern collecting the tax imposed by this article shall be
allowed to retain three percent of the tax due and collected and may retain that amount in the
form of a deduction for expenses incurred in submitting, reporting and paying the amount of
taxes due, if the amounts due are not delinquent at the time of payment.
Section 6: Statement required showing gross rental charges and taxes
(a) On or before the 20th day of each month following the month of December 2006, the
motor vehicle concern liable for the tax provided for herein shall transmit to the City of Milton, a
statement showing the gross rental charges and gross taxes collected through authority of this
article for each preceding calendar month. Along with said statement, the motor vehicle concern
shall submit the net taxes due for each particular month.
Page 8 of 9
(b) Failure to remit taxes by the due date shall subject the rental motor vehicle concern to a
penalty of five percent (5%) of the tax then due and in addition to such penalty, interest thereon
the unpaid principal amount due, computed at the rate of one percent per month.
Section 7: Records
In order to aid in the administration and enforcement of the provisions of this article and
collect all the tax imposed, all rental motor vehicle concerns are hereby required to keep a record
rental charges for rental motor vehicles and taxes collected which are related thereto. Said
records shall be open for inspection and copying by the City Manager, or his/her designee, during
business hours.
Section 8: Deficiency determinations
(a) If the City Treasurer is not satisfied with the return or returns of the excise provided for
herein, or the amount of the tax required to be paid to the city by any rental vehicle concern
he/she may compute and determine the amount required to be paid (upon use of any information
within his/her possession or that may come into his/her possession). Deficiency determinations
may be made of the amount due for one or more monthly periods.
(b) The amount of the determination made by the City Treasurer shall bear interest at the rate
of one percent per month or fraction thereof from the due date of the taxes found due by him/her.
(c) The City Treasurer or his/her or her designee shall give to the rental vehicle concern a
written notice of any such determination. The notice may be made personally or by mail and if by
mail the service shall be addressed to the operator or the of the rental motor vehicle concern at
the address as the same appears in the records of the City Treasurer as provided to him/her by
each rental motor vehicle concern. Service shall be complete when delivered by certified mail
with a receipt signed by an addressee or agent addressee.
(d) Except in cases of failure to make a return, every notice of deficiency determination shall
be mailed within three years after the 20th day of the calendar month following the period in
which the amount proposed to be determined or within three years after the return was filed,
whichever period shall expire last.
Section 9: Audit authority
Duly authorized employees of the city upon exhibition of identification and during
regular business hours may examine and copy the books, papers, records, financial reports
equipment and other facilities if necessary of any rental motor vehicle concern in order to verify
the accuracy of any return made pursuant to this article, or if no return is made by the rental
motor vehicle concern, to ascertain or determine the amount of tax required to be paid.
Page 9 of 9
Section 10: Withholding tax on sale of business
(a) If any rental motor vehicle concern liable for any amount under this article transfers or
sells its business or quits the business, its successors or assigns shall withhold sufficient amounts
from the purchase price to cover the amount required to be paid pursuant to this article until the
former owner or operator of the rental motor vehicle concern produces a receipt from the City
Treasurer or his/her designee showing that the indebtedness has been paid or a certificate stating
that no amount is due.
(b) If the purchaser of a business or rental motor vehicle concern fails to withhold from the
purchase price as required herein such purchaser shall be personally liable for the payment of the
amount of the outstanding tax required to be withheld by him to the extent of such purchase
price.
Section 11: Penalty for violation
(a) In addition to the interest charges and delinquent penalties specified in this article any
person violating any provision of this article shall be deemed guilty of a misdemeanor and
upon conviction thereof shall be punished as provided in this Code. Such persons shall be
guilty of a separate offense for each and every day during which any violation of any
provision of this article is committed, continued, or permitted by that person and shall be
punished accordingly.
(b) The tax levied by this article shall be effective on the first day of December 2006 and
shall continue until its permissible existence shall expire as provided by law.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 2
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, City Treasurer/Director of Operations
Date: October 24, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of an Ordinance Approving and Adopting Chapter 11, Business
Occupational Tax, Licenses, and Regulations
CMO (City Manager’s Office) Recommendation:
Adopt the attached ordinance approving Chapter 11 relating to Business Occupational Tax,
Licenses, and Regulations and direct staff to document processes and procedures in alignment
with the provisions of Chapter 11. This agenda item was presented during the October 24,
2006 Governor’s Commission Meeting.
Background:
The City’s Charter (House Bill 1470) outlines in Article I, Incorporation and Powers, Section
1.12, Municipal Powers, the following:
“(5) Business regulation and taxation. To levy and provide for the collection of license fees
and taxes on privileges, occupations, trades, and professions; to license and regulate the
same; to provide for the manner and method of payment of such licenses and taxes; and to
revoke such licenses after due process for the failure to pay any city taxes or fees.”
Discussion:
The regulation of business occupation includes the levying of a tax on persons, partnerships,
corporations, or other entities engaging in an occupation, profession, or business. Upon
payment, the City issues an Occupational Tax Certificate, permitting the business to lawfully
operate within the City limits.
Licensing of Businesses and Occupations:
All persons, firms, companies, or corporations operating a business in the City of Milton,
are required to register their business or office, obtain an occupation tax certificate for
their business or office, and pay the applicable fee. Stock or manufacturing companies
or other companies, subsidiaries, agencies, district offices, branch offices, corporations
or individuals, having either their business proper or their general branch offices located
within the City of Milton are also required to their business or office, obtain an
occupation tax certificate for their business or office, and pay the applicable fee. The
chapter provides for penalties for those businesses that operate without an
Occupational Tax Certificate.
The issued occupation tax certificate serves as a business license. All licenses granted
under this chapter expire on December 31 of each year. Licensees are required to file
an application for re-licensing in each ensuing year. Staff will send all current
occupational tax certificate holders a renewal application in early December with
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 2 of 2
submittal and fee remittance due back to the City by January 30th. Staff will issue
licenses for the ensuing year by February 28th.
Calculation of the Business Occupation Tax:
Business and practitioners subject to this chapter pay a tax based on the gross receipts
of the business. The fee class table ranges from $0.50 to $2.20 per thousand dollars of
gross revenue based on the North American Industry Classification System (NAICS)
code of the business. An administrative fee will also be assessed for each business
occupation application. The chapter provides for penalties for late or non-payment of
fees.
The chapter provides for the occupational tax for “professional practitioners.” These are
practitioners of law, medicine, chiropractic, podiatry, dentistry, accounting, engineering,
architecture, social work, and professional counseling (not an exhaustive list).
Professional practitioners are assessed a flat fee per practitioner for their occupational
tax certificate.
There are provisions in the chapter outlining the occupational tax for insurers. The rate
of taxation is dependant upon the type of insurance written and is provided for in the
Official Code of Georgia.
The chapter and prescribed process addresses the computation and regulation of the
following:
Insurance premium tax
Financial institution tax
Pawn shops/brokers
Door-to-door sales
Panhandling
Taxi cab operation
Pro ration
Multiple types of service
Multiple locations
Dispute resolution
Real estate broker transactions
Inspection of records
Surrender of Occupational Tax Certificate upon cease of business
Before an Occupational Tax Certificate is issued, all provisions in the chapter must be met
and the requisite fee remitted to the City. The occupational license administrative fee
schedule will be submitted to the Council each fiscal year as an attachment to the annual
budget transmittal and approved upon adoption of the budget.
Alternatives:
None identified.
Concurrent Review:
Aaron Bovos, CGFM, CTP, City Manager
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 11, BUSINESS REGULATIONS,
AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF
ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED IN THE
FUTURE AS CHAPTER 11 (BUSINESS REGULATIONS) AS ATTACHED HERETO AND
INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Business Regulations is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 11 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 29
Chapter 11: Business Occupation Tax, Licenses, and Regulation
Article 1: Business and Occupation Taxes.
*State law reference(s) Business and occupation taxes, O.C.G.A. §48-13-5 et seq.
Section 1: Definitions
Unless specifically defined elsewhere, as used in this Article, the term:
(a) “Administrative fee” means a component of an occupation tax that approximates the
reasonable cost of handling and processing the occupation tax.
(b) Except as otherwise provided in subparagraph (i) of this paragraph, “Employee” means
an individual whose work is performed under the direction and supervision of the
employer and whose employer withholds FICA, federal income tax, or state income tax
from such individual’s compensation or whose employer issues to such individual for
purposes of documenting compensation a form W-2, but not a form I.R.S. 1099.
(c) “Gross receipts”
(i) “Gross receipts” means total revenue of the business or practitioner for the period,
including without being limited to the following:
(A) Total income without deduction for the cost of goods sold or
expenses incurred;
(B) Gain from trading in stocks, bonds, capital assets, or instruments
of indebtedness;
(C) Proceeds from commissions on the sale of property, goods, or services;
(D) Proceeds from fees charged for services rendered; and
(E) Proceeds from rent, interest, royalty, or dividend income.
(ii) Gross receipts shall not include the following:
(A) Sales, use, or excise taxes;
(B) Sales returns, allowances, and discounts:
(C) Inter-organizational sales or transfers between or among the units of
a parent subsidiary controlled group of corporations, as defined by
26 U.S.C. Section § 1563(a)(2), or between or among wholly owned
partnerships or other wholly owned entities;
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(D) Payments made to a subcontractor or an independent agent for services
which contributed to the gross receipts in issue;
(E) 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 eighty percent (80%)or more of the
organization’s receipts and
(F) Proceeds from sales of goods or services which are delivered to or
received by customers who are outside the state at the time of delivery
or receipt.
(d) “License” shall mean a permit or certificate issued by the City Treasurer that allows an
entity to operate lawfully in the City of Milton. A license does not create any rights to
operate in violation of any provision of this Code of Ordinances and it may be revoked by
the Mayor and City Council at any time. This definition applies to any license issued
pursuant to this Chapter.
(e) “Location or office” shall include 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 or 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 other business, profession, or occupation at such site.
(f) “Occupation tax” means a tax levied on persons, partnerships, corporations, or other
entities for engaging in an occupation, profession, or business.
(g) “Practitioner of professions and occupants” shall not include a practitioner who is an
employee of a business, if the business pays an occupation tax.
(h) “Regulatory fees” means payments, whether designated as license fees, permit fees, or by
another name, which are required by the City of Milton as an exercise of its municipal
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 of Milton. A regulatory fee does not include an
Page 3 of 29
administrative or registration fee. Regulatory fees do not include required occupation
taxes for businesses and professions located in the City of Milton.
State law reference(s) - Define generally, O.C.G.A. §48-13-5
Section 2: Business License Required.
(a) All persons, firms, companies, or corporations, including limited liability companies and
professional corporations, now or hereafter operating a business in the City of Milton, are
hereby required to register their business or office, obtain an occupation tax certificate for
their business or office, and pay the amount now or hereafter fixed as taxes and fees
thereon as authorized under the provisions of Chapter 13 of Title 48 of the Official Code
of Georgia, Annotated, as amended by Ga. L. 1993, p. 1292.
(b) The occupation tax certificate shall serve as a business license. Additional business
licenses may be required as established in this Chapter.
(c) Stock or manufacturing companies or other companies, subsidiaries, agencies, district
offices, branch offices, corporations or individuals, having either their business proper or
their general branch offices located within the City of Milton, and either represented by
the officers of the company, or any agent, for the purpose of soliciting patronage for the
same, or for the transaction of any business pertaining thereto, shall be required to obtain
an occupation tax certificate.
(d) All licenses granted under this Article shall expire on December 31 of each year.
Licensee(s) shall be required to file an application in each ensuing year. The applicant
shall be required to comply with all rules and regulations for the issuance of license(s) as
if no previous license(s) had been held.
State law reference(s) - Levy of occupation tax, O.C.G.A. § 48-13-6.
Section 3: Fee; basis.
(a) Except as otherwise provided in this Article, every business and practitioner subject to
this Article shall pay a tax based on the gross receipts of such business (the “occupation
tax”).
(b) The gross receipts fee schedule (see Exhibit B-Fee Schedule) shall be followed in the
calculation of the occupational tax. The fees shall be based on the North American
Industry Classification System (NAICS) code of the business.
(c) Home based business (limit of one employee) shall pay a flat rate fee (see Exhibit B-Fee
Schedule).
Page 4 of 29
(c) The fees described in this section are adopted for the calendar year 2007 and shall
continue in full force and effect until modified by action of the Mayor and City Council.
(d) All businesses and occupations, other than those practitioners, listed in Section 9 of this
Article shall be assessed a nonrefundable administrative fee for handling and processing
business occupation tax registrations, which is a component of the occupation tax for new
and existing businesses and is separately identified in the registration process.
Section 4: Application for Registration
(a) It shall be the duty of each person, firm or corporation subject to this Article, to file with
the City of Milton Treasurer’s Office on or before January 31 of each calendar year an
application for registration under this Article setting forth all activities of each business,
its NAICS code and/or its revenue code, its estimated gross receipts for the calendar year
of the registration, computation of the amount of tax due including the administrative fee
and per employee tax, a copy of the profit and loss statement, a copy of its Georgia
Income Tax Return, and such other information as may be required by the City of Milton
Treasurer’s Office to properly administer this Article, including the information specified
in Section 6 of this Article.
For businesses or practitioners with more than one type of service or product, including
businesses or practitioners listed under and subject to O.C.G.A. 48-13-1 et seq., the entire gross
receipts shall be classified according to the dominant service or product based upon the
information provided under subsection (a) hereof.
(b) Each business or practitioner with a location or office situated in more than one
jurisdiction, including businesses or practitioners with one or more location or office in
Georgia and one or more location outside the state, the City of Milton shall allocate the
gross receipts as follows for occupation tax purposes in accordance with
the following:
(i) Where the business or practitioner can reasonably allocate the dollar amount of
gross receipts of the business or practitioner to one or more of the locations or
offices on the basis of product manufactured in that location or office or the sales
or other serviced provided in that location or office, the City of Milton shall tax
the gross receipts generated by the location or office within the State of Georgia;
or
(ii) Where the business or practitioner cannot reasonably allocate the dollar amount of
gross receipts among multiple locations or offices, the business or practitioner
shall divide the gross receipts reported to all local governments in this state by the
number of locations or offices of the business or practitioner which contributed to
the gross receipts reported to any local government in this state, and shall allocate
an equal percentage of such gross receipts of the business or practitioner to each
location or office.
Page 5 of 29
(iii) In no instance shall the sum of the portions of the total gross receipts of a business
or practitioner taxed by all local governments exceed 100 percent of the total
gross receipts of the business or practitioner.
(iv) In the event of a dispute between the business or practitioner and Milton as to the
allocation under this code section, the business or practitioner shall have the
burden of proof as to the reasonableness of this allocation.
(v) Upon request, businesses or practitioners with a location or office situated in more
than one jurisdiction shall provide to the City of Milton the following:
(A) Financial information necessary to allocate the gross receipts of the
business or practitioner, and
(B) Information relating to the allocation of the business’s or practitioner’s
gross receipts by other local governments.
(C) When the City of Milton levies an occupation tax on a business or
practitioner which has locations encompassed by other jurisdictions and
the other jurisdictions use different criteria for taxation, the City of Milton
shall not tax any greater proportion of the gross receipts than authorized
by the law.
(D) For each business and practitioner with no location or office within the
State of Georgia, but which:
(1) Has one or more employees or agents who exert substantial efforts
within the City of Milton 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 in the City of Milton, gross receipts of such business or
practitioner for purposes of this section shall include only those
gross receipts reasonably attributable to sales or services in the
State of Georgia. If such business or practitioner provides to the
City of Milton Treasurer’s Office proof of payment of a local
business or occupation tax in another state which purports to tax
the business’s or practitioner’s sales or services in the State of
Georgia, the business or practitioner shall be exempt from this
Article.
(c) Real estate brokers transacting business within the corporate boundaries of the City of
Milton are subject to this article. Real estate brokers shall be liable for tax only on gross
receipts arising from transactions involving real estate located within the corporate
boundaries of the City of Milton. Real estate brokers shall be liable for such taxes without
regard to their having a location or office in the City.
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(d) The provisions of this section may be amended from time to time by ordinance of the
Mayor and City Council for the purpose of providing for exceptions to business and
occupation taxes as provided under O.C.G.A. §48-13-10(f).
State law reference(s) - Code 1981, § 4843-14, enacted by Ga. L. 1993, p. 1292, § 7; Ga. L.
1995, p. 419, § 1; Ga. L. 1999, o. 749, § 5.
Section 5: Payment of fee; separate locations; refunds.
(a) Following the filing of the application as provided for in Section 4 of this Article, each
business or professional practitioner subject to this code shall remit payment in full for all
taxes and fees due not later than January 31 of the year in which the application is filed.
Each person, firm or corporation operating under various trade names must secure a
separate occupation tax certificate for each trade name issued. In addition, a separate
occupation tax certificate must be secured for each business location.
(b) Certificate applicants for trade names and for separate business locations shall pay the
nonrefundable administrative fee imposed hereby, in addition to the tax imposed by
Section 3 of this Article. In the event a business ceases to operate after the issuance of an
occupation tax certificate, no refund of the fee or tax shall be granted.
(c) Except as provided in subsection (b), the refund of the occupation tax levied herein is
governed by O.C.G.A. § 48-5-380.
State law reference(s) - O.C.G.A. § 48-5-380.
Section 6: Inspection of Records.
(a) It shall be the duty of all businesses subject to the tax and administrative fee imposed by
Section 3 of this Article with the exception of those businesses and practitioners electing to
proceed under Section 9 of this Article, to maintain and to provide as a part of their business
occupation tax registration such records as will establish gross receipts as herein defined,
including but not limited to, profit and loss statements prepared on a calendar year basis, and
method of allocation of revenue for businesses and practitioners maintaining locations in other
counties and municipalities, if applicable. Such businesses and practitioners shall also make
available for inspection by representatives of the City of Milton Treasurers’ Office all reports
submitted to the sales tax unit of the Georgia Department of Revenue showing sales taking place
in Georgia and other tax returns showing gross receipts.
(b) Lending institutions and any other organization engaged in the lending of money at
interest and/or for a fee or commission and otherwise subject to the requirements of this
Article shall provide, for each lending transaction, a loan term sheet or other summary
showing the amount of such loan, the interest rate thereon, and total fees, interest and/or
commissions to be charged on such loan, assuming payment in the normal course of
business.
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Section 7: Termination of Business.
It shall be the duty of each business and practitioner subject to fees and occupation taxes under
this Article when it shall cease to do business or practice to return its current occupation tax
certificate, together with a statement as to the date of termination of doing business or practice to
the City of Milton Treasurer’s Office.
Section 8: Commencement of business after January 1
Businesses and practitioners which do not commence operation by January 1, of any year, shall
pay the amount of administrative fees and occupation taxes set forth in this Article based on
anticipated revenue for the balance of the calendar year as provided in Section 4 of this Article.
Such payments shall be due and payable thirty (30) days following the commencement of the
business.
Section 9: Professional occupation tax.
Notwithstanding any other provision of this Article there is hereby imposed upon practitioners of
law, medicine, osteopathy, chiropractic, podiatry dentistry, optometry, applied psychology,
veterinary, landscape architecture, land surveying, massage therapy and physiotherapy, public
accounting, embalming, funeral directing, civil mechanical, hydraulic and electrical engineering,
architecture, marriage and family therapists, social workers, and professional counselors, as their
entire occupation tax one of the following, at the practitioner’s election:
(a) The occupation tax resulting from application of the other provisions of this Article; or
(b) The practitioner shall elect to pay a flat fee for each year for the year 2006 and
subsequent years, but a practitioner paying according to this shall not be required to
provide information relating to the gross receipts of such practitioner. For the purposes of
this section, a “practitioner” shall include any individual holding license to practice any
of the professions specified herein regardless of whether such individual shall practice as
a professional corporation or professional association.
Section 10: Transfer, suspension, revocation.
(a) Transfer.
No certificate issued hereunder may be transferred. Any new business or
practitioner shall apply and register for a new certificate within thirty (30) days
after the commencement of business.
(b) Revocation.
(i) Each certificate granted hereunder shall be subject to suspension or revocation for
violation of any current or future rule or regulation of this Code, the Code of
Ordinances for Fulton County, or state or federal law.
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(ii) Notice
(A) Whenever, in the opinion of the City of Milton, there is cause to suspend
or revoke this certificate, a written notice of intention to suspend or revoke
the certificate shall be furnished to the holder thereof. A hearing will be
scheduled wherein the certificate holder may present his/her case before
the Mayor and City Council or such board as the Mayor and City Council
may designate.
(B) After the hearing the Mayor and City Council or its designate may
suspend or revoke this certificate if the grounds set forth below in
subsection (C) exist or in the Mayor and City Council’s discretion if the
establishment is a threat or nuisance to public health, safety or welfare.
(C) The decision to suspend or revoke a certificate issued under this Article
shall be solely within the discretion of the Mayor and City Council or such
board as the Mayor and City Council may designate. An occupation tax
certificate may be suspended or revoked upon one or more of the
following grounds, but is not limited to:
(1) The certificate holder is guilty of fraud in the business or
occupation he/she practices, or fraud or deceit in being licensed to
practice in that area;
(2) The certificate holder is engaged in his/her business or occupation
under a false or assumed name, or is impersonating another
practitioner of a like or different name;
(3) The certificate holder is addicted to the habitual use of intoxicating
liquors, narcotics, or stimulants to such an extent as to incapacitate
such person to the extent that he/she is unable to perform his/her
duties;
(4) The certificate holder is guilty of fraudulent, false, misleading, or
deceptive advertising or practices;
(5) The certificate holder has been convicted of or has pled guilty or
nolo contendere to any sexual offense as set out in Title 16,
Chapter 6 of the Official Code of Georgia Annotated, or to any
offense involving the lottery, illegal possession or sale of narcotics
or alcoholic beverages or possession or receiving of stolen
property, for a period of five (5) years immediately prior to the
filing of the application. If after having been granted a certificate,
the applicant is found not to be of good moral character, or pleads
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guilty or enters a plea of nolo contendere to any of the above
offenses, said certificate shall be subject to suspension and/or
revocation;
(6) The application contains materially false information, or the
applicant has deliberately sought to falsify information contained
therein; or
(7) The establishment is a threat or nuisance to public health, safety or
welfare; or
(8) any other violation of this Ordinance.
Section 11: Payment; penalty for late payment; issuance of executions against
delinquent taxpayers
(a) Any occupation tax with its associated administrative fees hereunder, shall be due and
payable by January 31 of each calendar year. If the business or practice was not in
operation on January 1, the occupation tax with its associated administrative fees shall be
due and payable 30 days following the commencement of business pursuant to Section 8
of this Article. The City shall assess a penalty in the amount of ten percent (10%) of the
amount owed for each calendar year or portion thereof for:
(i) Failure to pay occupation taxes and administrative fees when due;
(ii) Failure to file an application by January 31 of any calendar year, when the
business or practitioner was in operation the preceding calendar year, and/or
(iii) Failure to register and obtain an occupation tax certificate within thirty (30) days
of the commencement of business.
(b) Delinquent taxes and fees are subject to interest at a rate of one and one-half percent
(1.5%) per month. Payments required by the Article herein may be collected in any suit at
law or in equity, or the City may cause executions to issue against the person, firm or
corporation liable for the payment. Executions shall be levied and sold together with all
costs thereof, by the City, or City’s designee, as ex-officio sheriff of the county. In
addition, any person whose duty it is to register any business or practice and obtain any
occupation tax certificate and fails to do so, or who fails to pay the occupation tax or
administrative fee required by this Article, or who makes any deliberate or substantial
and material false statement on an application or provides materially false information in
support of an application, shall be denied an occupation tax certificate, shall be required
to surrender any existing such occupation tax certificate and be deemed to have no such
occupation tax certificate for purposes hereof, and shall be subject to a civil fine
according to the maximum amount allowable under state law.
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(c) No business and/or practitioner subject to this Article shall collect any gross receipts as
defined herein unless such business and/or practitioner shall have applied for a business
tax certificate and/or license as required hereunder. Upon application for a business tax
certificate, any such business and/or practitioner may thereupon collect gross receipts,
including those incurred but not collected during the period prior to the application, but
such business and/or practitioner shall be subject to the penalties of subsection (a) of this
section. If the taxes and fees remain unpaid after the due date, the business and/or
practitioner shall not collect any gross receipts as defined herein. The provisions of this
subsection (c) may be enforced by appropriate injunctive or other relief upon the
application of the City to the Superior Court of Fulton County.
(d) Practitioners of law may collect gross receipts as defined herein without applying for and
obtaining a business tax certificate. However, practitioners of law must pay the
occupation tax levied herein. Delinquent taxes and fees are subject to interest at a rate of
one and one-half percent (1.5%) per month. Any occupation tax with its associated
administrative fees hereunder, shall be due and payable by January 31 of each calendar
year. If the business or practice was not in operation on January l, the occupation tax with
its associated administrative fees shall be due and payable thirty (30) days following the
commencement of business pursuant to Section 8. The City shall assess a penalty in the
amount of ten percent (10%) of the amount owed for each calendar year or portion
thereof for failure to pay the occupation tax required by the Article herein may be
collected in any suit at law or in equity, or the City may cause executions to issue against
the person, firm or corporation liable for the payment. Executions shall be levied and sold
together with all costs thereof, by the City or its designee, as ex-officio sheriff of the
county. In addition, failure to pay the occupation tax required by this Article shall subject
the person, firm, or corporation to a civil fine of five hundred dollars ($500.00) as
provided by law of this state.
State law reference(s) - Time for payment of occupation tax, O.C.G.A. § 48-13-20; penalty for
late payment, O.C.G.A. § 48-13-21; issuance of executions against delinquent taxpayers,
O.C.G.A. § 48-13-26; Sexton v. Johnson, 267 Ga.571 (1997).
Section 12: Effective Date.
(a) This Article shall become effective December 1, 2006.
(b) Annual registration and payment shall be conducted in accordance with the terms of this
Article.
Section 13: Proration of fee.
No license fee shall be prorated.
State law reference(s) O.C.G.A. § 48-13-22.
Section 14: Repealer, exceptions
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All ordinances providing for occupation taxes and administrative fees in conflict with this Article
are hereby repealed, provided, however, that nothing herein shall affect with any ordinance
providing for regulation of taxicabs or shall affect any resolution providing for the regulation of
the sale of any forth of alcoholic beverages and taxes imposed thereon, or any mixed drink tax or
any hotel-motel tax, such taxes being due and payable in addition to the taxes and fees imposed
hereby.
Section 15: Intent of Article.
It is the intent of the Article to impose the taxes set forth in this Article upon all businesses and
practitioners operating in the City of Milton consistent with the requirements of the Constitution
and laws of the State of Georgia. In the event that the fees imposed hereby shall not be
authorized on any business and practitioner or taxes and fees shall be in excess of the maximum
amount authorized by law, such taxes and fees shall be imposed only to the extent authorized by
law.
Section 16: Severability.
The invalidity of any part of this Article shall not affect the validity of the remaining portion
hereof. In the event that this Article may not be enforced against any class of business mentioned
herein, such inability to enforce the same shall not affect its validity against the other business
specified herein.
Section 17: Amendment of article.
This Article may be amended so as to increase the occupation tax on any business or practitioner
only after the conduct of at least one public hearing pertaining thereto, but this provision shall
not be applicable to the repeal of any resolution promulgated pursuant to Section 4 of this
Article.
Article 2: License Fees on Insurers.
Section 1: Intent
The Mayor and City Council hereby expresses its intent to impose license fees on insurers
conducting business in the City of Milton, to impose a gross premium tax on insurers operating
within the State of Georgia, to provide an effective date, and for other purposes related to this
Article.
Section 2: Definitions
For the purposes of this Article, the following definitions apply.
(a) “Gross Direct Premiums” shall mean gross direct premiums as used in O.C.G.A.
§ 33-8-4, which provides:
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“(i) All foreign, alien, and domestic insurance companies doing business in this state
shall pay a tax of 2 ¼ percent upon the gross direct premiums received by them
on and after July 1, 1955. The tax shall be levied upon persons, property, or risks
in Georgia, from January 1 to December 31, both inclusive, of each year without
regard to business ceded to or assumed from other companies. The tax shall be
imposed upon gross premiums received from direct writings without any
deductions allowed for premium abatements of any kind or character or for
reinsurance or for cash surrender values paid, or for losses or expenses of any
kind; provided, however, deductions shall be allowed for premiums returned on
change of rate or canceled policies; provided, further, that deductions may be
permitted for return premiums or assessments, including all policy dividends,
refunds, or other similar returns paid or credited to policyholders and not
reapplied as premium for additional or extended life insurance. The term ‘gross
direct premiums’ shall not include annuity considerations.
(ii) For purposes of this Chapter, annuity considerations received by nonprofit
corporations licensed to do business in this state issuing annuities to fund
retirement benefits for teachers and staff personnel of private secondary schools
and colleges and universities shall not be considered gross direct premium.”
(b) “Insurer” means a company which is authorized to transact business in any classes of
insurance designated in O.C.G.A. § 33-3-5.
Section 3: Insurers License Fees
There is hereby levied for the year 2006 and for each year thereafter an annual license fee upon
each insurer doing business within the City of Milton. For each separate business location in
excess of one not covered by Section 4 of this Article, which is operating on behalf of such
insurers within the City of Milton, there is hereby levied an additional license fee per location.
Section 4: License Fees 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 per location for the year 2006 and for each year
thereafter.
Section 5: Gross Premiums Tax Imposed on Life Insurers.
(a) There is hereby levied for the year 2007 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 of Georgia in an amount equal to one percent (1%) of the gross
direct premiums received during the preceding calendar year in accordance with
O.C.G.A. § 33-8-8.1.
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(b) The premium tax levied by this section is in addition to the license fees imposed by
Section 3 of this Article.
Section 6: Gross Premiums Tax, All Other Insurers.
(a) There is hereby levied for the year 2007 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 subsection 1 of O.C.G.A. § 33-3-5, doing
business within the State of Georgia in an amount equal to two and one-half percent
(2.5%) of the gross direct premium received during the preceding calendar year in
accordance with O.C.G.A. § 33-8-8.2. –see note above
(b) The premium tax levied by this section is in addition to the license fees imposed by
Section 3 of this Article.
Section 7: Due Date for License Fees
License Fees imposed by Sections 3 and 4 of this Article shall be due and payable on the first
day of January and on the first date of each subsequent year.
Section 8: Administrative Proceedings.
The City Clerk is hereby directed to forward a duly certified copy of this Article to the Insurance
Commissioner of the State of Georgia within forty-five (45) days of its enactment.
Section 9: Effective Date.
This Article shall become effective on December 1, 2006.
Section 10: Severability.
In the event that any portion of this Article shall be declared or adjudged invalid or
unconstitutional, it is the intention of the Mayor and City Council that such adjudication shall in
no manner affect the other sections, sentences, clauses or phrases of this Article which shall
remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause, or
phrase were not originally part of the ordinance.
Article 3: Pawn Shops, Pawn Brokers
Section 1: Applicability of article provisions.
Every person, whether a licensed junk dealer or pawnbroker, or any other secondhand dealer,
who, exclusively or as incidental to or in connection with other business, purchases, sells or
acquires in trade used or secondhand jewelry, flat silver, gold, and silver objects of every kind
and description, including watches and clocks, any of which is made in whole or in part of gold,
silver, platinum, or other precious metals; diamonds, emeralds, rubies, or other precious stones;
Page 14 of 29
pistols or guns; musical instruments, bicycles or accessories shall, for the purpose of this Article,
be a secondhand dealer. Any person who shall purchase any Article of the kinds herein described
from any person other than a bona fide dealer in those Articles shall, for the purpose of making
the reports required herein, also be a secondhand dealer and subject to all the provisions of this
Article relating to those records and reports.
Section 2: Recordkeeping.
(a) Contents of record book. All secondhand dealers shall keep a book wherein shall be
entered an accurate description of all property of the kinds specified in Section 1 of this
Article which they acquire by purchase of trade, and the name, address, estimated age,
weight, and height of the person from whom purchased or acquired and the date and hour
of the purchase. These entries shall be made as soon as possible after the transaction is
had, in no case more than one (1) hour thereafter.
(b) Inspection. This record shall at all times be subject to inspection and examination by the
Police Department.
Section 3: Entries in Record Book to be Numbered Serially; Property to be Tagged with
Corresponding Number.
Every entry required to be made in the secondhand dealer’s book required by Section 2 of this
Article shall be numbered serially, and the property described in the entry shall have attached to
it a tag bearing the same serial number.
Section 4: Acquiring Articles With Serial Number Mutilated or Altered.
It shall be unlawful for any secondhand dealer to purchase or acquire in trade any watch, clock,
pistol, gun, automobile tire, or battery, or any other Article commonly branded with a serial
number, upon which the number has been mutilated or altered.
Section 5: Daily Reports to Police; Form and Contents.
Every secondhand dealer identified in Section 1 of this Article shall make a daily report in
writing to the Chief of Police in such form as may be prescribed by him, of all property
purchased or acquired by him during the twenty-four (24) hours ending at 12:00 midnight on the
date of the report.
Section 6: Examination and Inspection of Articles by Police; Segregation of Suspicious Articles.
All property purchased or acquired by a secondhand dealer shall at all times be subject to
examination and inspection by the Police Department. If, upon the inspection, a police officer
shall have reasonable cause to believe that any of the property is stolen, he shall segregate it. It
shall thereafter be unlawful for the person in possession of the property to dispose of it, or in any
manner mutilate, melt, or disfigure it, until fifteen (15) days have elapsed from the date of the
inspection.
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Section 7: Property Not to be Disposed of for Fifteen (15) Days After Acquisition.
All property purchased or acquired by a secondhand dealer shall be held for not less than
fifteen (15) days.
Section 8: Dealing with Minors.
It shall be unlawful for any secondhand dealer to buy or receive any property of the kinds
described in Section 1 of this Article from any person under the age of eighteen (18) years,
provided that any secondhand dealer taking from the seller a statement in writing that the seller is
of age will not be held subject to the provisions of this section, if the appearance of the seller is
such as to make it uncertain that he is not eighteen (18) years of age.
Article 4: Financial Institutions.
Section 1: Definitions.
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:
(a) “Bank” means any financial institution chartered under the laws of any state or under the
laws of the United States which is authorized to receive deposits in this state and which
has a corporate structure authorizing the issuance of capital stock.
(b) “Depository Financial Institution” means a bank or a savings and loan association.
(c) “Gross Receipts” shall mean gross receipts as defined in O.C.G.A. § 48-6-93.
(d) “Savings and Loan Association” means any financial institution, other than a credit
union, chartered under the laws of any state or under the laws of the United States which
is authorized to receive deposits in this state and which has a mutual corporate form.
Cross references: Definitions generally, § 1-2.
Section 2: Tax levied; Rate.
In accordance with O.C.G.A. § 48-6-93, there is hereby levied for the year 2006 and for each
year thereafter an annual business license tax upon all depository financial institutions located
within the City of Milton at a rate of one-quarter percent (1/4%) of the gross receipts of said
depository financial institutions.
Section 3. Minimum Business License Tax.
The minimum annual amount of business license tax due from any depository financial
institution pursuant to O.C.G.A. § 48-6-93(a) shall be one thousand dollars ($1,000.00).
Page 16 of 29
Section 4: Filing of Return.
Pursuant to O.C.G.A. § 48-6-93(a), each depository financial institution subject to the tax levied
by this Article shall file a return of the gross receipts with the City of Milton Treasurer’s Office
on or before March 1 of the year following the year in which such gross receipts are measured.
Said return shall be in the manner and the form prescribed by the commissioner of the Georgia
Department of Revenue, based on the allocation method set forth in O.C.G.A. § 48-6-93(d). The
return shall provide the information necessary to determine the portion of the taxpayer’s Georgia
gross receipts to be allocated to each taxing jurisdiction in which such institution has an office.
The City of Milton Treasurer’s Office shall assess and collect the tax levied pursuant to this
Article based upon the information provided in said return.
Section 5: Due Date of Taxes.
Taxes levied pursuant to this Article shall be paid to the City of Milton Treasurer’s Office at the
time of filing the return.
Section 6: Administrative Provisions.
The Milton Treasurer’s Office is hereby authorized and directed to forward a copy of this Article
to each depository financial institution located in the City of Milton and to the home office of
each such depository financial institution that does business in the City if located outside the
county.
Section 7: Relation of Tax to Other Business Licenses.
The tax imposed by this Article shall be in lieu of any other business license upon depository
financial institutions.
Article 5: Door to Door Salesmen.
Section 1: Definitions.
For the purpose of this Chapter, the following words as used herein shall be considered to have
the meaning herein ascribed thereto:
(a) “Soliciting” shall mean and include any one or more of the following activities:
(i) Seeking to obtain orders for the purchase of goods, wares, merchandise,
foodstuffs, services, of any kind, character or description whatever, for any kind
of consideration whatever; or
(ii) Seeking to obtain prospective customers for application or purchase of insurance
of any type, kind or publication; or
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(iii) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and
every other type or kind of publication.
(b) “Residence” shall mean and include every separate living unit occupied for residential
purposes by one or more persons, contained within any type of building or structure.
(c) “Licensed solicitor” shall mean and include any person who has obtained a valid permit
as hereinafter provided, which permit is in the possession of the solicitor on his or her
person while engaged in soliciting.
Section 2: Permit Required.
(a) It shall be unlawful for any person, firm or corporation to engage in the business of
soliciting, calling on residences door-to-door without first having obtained a permit in
accordance with the provisions contained in this chapter.
(b) The requirement of Subsection (a) above is meant to apply to door-to-door solicitations
for commercial transactions for profit only.
(i) It is not meant to regulate solicitation for charitable, political, or other nonprofit
purposes provided that all sales proceeds are the property of and used by the
nonprofit organization.
(ii) It does not apply to officers or employees of the city, county, state, or federal
government, or any subdivision thereof, when on official business.
(c) Each person shall at all times while soliciting in the City of Milton carry upon his or her
person the permit so issued and the same shall be exhibited by such solicitor whenever he
is requested to do so by any police officer or by any person solicited.
(d) Each permit issued shall contain the name of the solicitor, the name and address of the
person, firm or corporation or association whom the solicitor is employed by or
represents, a photograph of the solicitor, and physical description. Such photograph shall
be provided by the solicitor and shall be at least two (2) inches by two (2) inches in size.
(e) The permit shall state the expiration date thereof. In no event shall a permit be valid for
more than six (6) months.
Section 3: Permit Applications.
(a) Application for a permit shall be made upon a form provided by the City. The
City of Milton Treasurer’s Office shall have applications available on request. The
applicant shall truthfully state in full the information requested on the application, to wit:
(i) Name and address of present place of residence and length of residence at such
address; also business address if other than present address;
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(ii) Address of place of residence during the past three (3) years if other than present
address;
(iii) Age of applicant;
(iv) Physical description of the applicant;
(v) Name and address of the person, firm, or corporation or association whom the
applicant is employed by or represents; and the length of time of such
employment or representation;
(vi) Name and address of employer during the past three (3) years if other than the
present employer;
(vii) Description sufficient for identification of the subject matter of the soliciting in
which the applicant will engage;
(viii) Period of time for which the certificate is applied;
(ix) Proposed route, including streets to be included on each day, which applicant
intends to follow;
(x) The date, or approximate date, of the latest previous application for permit under
this chapter, if any;
(xi) Whether the applicant has ever been convicted of a felony, a crime of moral
turpitude, or any other violation of any state or federal law;
(xii) Names of magazines, books, or journals to be sold;
(xiii) Names of the three (3) most recent communities where the applicant has solicited
house to house;
(xiv) Proposed method of operation;
(xv) Description and license plate number of vehicle(s) intended to be operated
by applicant;
(xvi) Signature of applicant; and
(xvii) Social security number of applicant.
(b) All statements made by the applicant upon the application or in connection therewith
shall be under oath.
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(c) The applicant shall submit to fingerprinting by the City Police Department in connection
with the application for the permit.
(d) The City Manager shall cause to be kept in his/her office an accurate record of every
application received and acted upon together with all other information and data
pertaining thereto and all permits issued under the provisions of this chapter, and of the
denial of applications. Applications for permits shall be numbered in consecutive order as
filed, and every permit issued shall be identified with the duplicate number of the
application upon which it was issued.
(e) No permit shall be issued to any person who has been convicted of a felony or crime of
moral turpitude within five (5) years of the date of the application; nor to any person who
has been convicted of a violation of any of the provisions of this chapter; nor to any
person whose permit issued hereunder has previously been revoked as herein provided.
(f) The fee for a permit shall be valid for a six (6) month period.
Section 4: Permit Revocation
(a) Any permit issued hereunder shall be revoked by the City Manager if the holder of the
permit is convicted of a violation of any of the provisions of this chapter or has made a
false material statement in the application, or otherwise becomes disqualified for the
issuance of a permit under the terms of this chapter.
(b) Immediately upon such revocation, written notice thereof shall be given to the holder of
the permit in person or by certified United States mail addressed to his or her residence
address set forth in the application.
(c) Immediately upon the giving of such notice the permit shall become null and void and
must be turned in to the City Manager’s office.
Section 5: Routes.
To the extent practical, each solicitor shall identify the streets and routes which he will follow on
each day he is engaged in the business of soliciting. If changes in routes are made, then such
changes must be immediately reported to the City Manager’s office.
Section 6: Prohibitions
(a) Any licensed solicitor who shall be guilty of any fraud, cheating, or misrepresentation,
whether himself or through an employee, while acting as a solicitor in the City, shall be
deemed guilty of a violation of this chapter.
(b) It is hereby declared to be unlawful and shall constitute a nuisance for any person to go
upon any premises and ring the doorbell upon or near any door, or create any sound in
any other manner calculated to attract the attention of the occupant of such residence, for
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the purpose of securing an audience with the occupant thereof and engage in soliciting as
herein defined if the occupant of said residence has made it clear, by written sign or
otherwise, that solicitors are not invited.
(c) Any solicitor who has gained entrance to any residence, whether invited or not, shall
immediately and peacefully depart from the premises when requested to do so by
the occupant.
(d) Times Allowed.
(i) It is hereby declared to be unlawful and shall constitute a nuisance for any person,
whether licensed under this chapter or not, to go upon any premises and ring the
doorbell upon or near any door of a residence located thereon, or rap or knock
upon any door or create any sound in any other manner calculated to attract the
attention of the occupant of such residence, for the purpose of securing an
audience with the occupant thereof and engage in soliciting as herein defined,
prior to 10:00 a.m. or after 6:30 p.m., Eastern Standard Time, or before 10:00 a.m.
or after 7:00 p.m. Eastern Daylight Saving Time, Monday through Saturday, or at
any time on Sunday, or on a state or national holiday.
(ii) Solicitations for political purposes shall not occur prior to 10:00 a.m. or after
7:00 p.m., Eastern Standard Time, or before 10:00 a.m. or after 7:00 p.m.
Eastern Daylight Saving Time.
Section 7: Penalties.
Any person violating any of the provisions of this chapter shall, upon conviction thereof,
be subject to a fine not to exceed the maximum fine allowed by state law for each offense; and a
separate offense shall be deemed committed on each day during or on which a violation occurs
or continues.
Article 6: Charitable Solicitation.
Section 1: Definitions.
As used in this Article:
Solicit shall mean to request an immediate donation of money or other thing of value from
another person including employment, business or contributions or to request the sale of goods
or services.
Public area shall mean an area to which the public or a substantial group of persons has access,
including but not limited to alleys, bridges, buildings, driveways, parking lots, parks, play
grounds, plazas, sidewalks, and streets that are open to the general public.
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Charitable Organization shall mean those entities defined and registered as provided in
O.C.G.A. § 43-17 et seq.
Section 2: Permit Required.
It shall be unlawful for any person, firm, organization or corporation to solicit within any
public right-of-way in the City of Milton, provided, however, recognized charitable
organizations as defined herein and governmental entities may solicit within the public right-of-
way provided they first obtain a permit in accordance with Article 5, Sections 3 and 4 of this
Chapter.
Section 3: Applicability.
This chapter regulates the time, place and manner of solicitations and shall not apply to any
persons exercising their clearly established constitutional right to picket, protest or engage in
other constitutionally protected activity.
Article 7: Panhandling.
Section 1: Definitions
As used in this Article:
(a) “Solicit” shall mean to request an immediate donation of money or other thing of value
from another person, regardless of the solicitor’s purpose or intended use of the money or
other thing of value, including employment, business or contributions or to request the
sale of goods or services. The solicitation may be, without limitation, by the spoken,
written, or printed word, or by other means of communication.
(b) “Public area” shall mean an area to which the public or a substantial group of persons
has access, including but not limited to alleys, bridges, buildings, driveways, parking lots,
parks, play grounds, plazas, sidewalks, and streets that are open to the general public.
(c) “Aggressive Panhandling” shall mean and include:
(i) Intentionally or recklessly making any physical contact with or touching another
person or his vehicle in the course of the solicitation without the person’s consent;
(ii) Following the person being solicited, if that conduct is intended to or is likely to
cause a reasonable person to fear imminent bodily harm or the commission of a
criminal act upon property in the person’s possession, or is intended to, or is
reasonably likely to intimidate the person being solicited into responding
affirmatively to the solicitation;
(iii) Continuing to solicit within five (5) feet of the person being solicited after the
person has made a negative response, if continuing the solicitation is intended to
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or is likely to cause a reasonable person to fear imminent bodily harm or the
commission of a criminal act upon property in the person’s possession, or is
intended to, or is reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
(iv) Intentionally or recklessly blocking the safe or free passage of the person being
solicited or requiring the person, or the driver of a vehicle, to take evasive action
to avoid physical contact with the person making the solicitation. Acts authorized
as an exercise of one’s constitutional right to picket or legally protest, and acts
authorized by a permit issued pursuant to Article 5, Sections 5 of this Chapter
shall not constitute obstruction of pedestrian or vehicular traffic;
(v) Intentionally or recklessly using obscene or abusive language or gestures intended
to or likely to cause a reasonable person to fear imminent bodily harm or the
commission of a criminal act upon property in the person’s possession, or words
intended to, or reasonably likely to intimidate the person being solicited into
responding affirmatively to the solicitation;
(vi) Approaching the person being solicited in a manner that is intended to or is likely
to cause a reasonable person to fear imminent bodily harm or the commission of a
criminal act upon property in the person’s possession, or is intended to, or is
reasonably likely to intimidate the person being solicited into responding
affirmatively to the solicitation.
Section 2: Prohibitions.
(a) It shall be unlawful for any person, firm, organization, or corporation to aggressively
panhandle or solicit funds for the sole benefit of the solicitor within any public area in the
City of Milton or:
(i) In any public transportation vehicle, or public transportation station or stop;
(ii) Within fifteen (15) feet of any entrance or exit of any bank or check cashing
business or within fifteen (15) feet of any automated teller machine during the
hours of operation of such bank, automated teller machine or check cashing
business without the consent of the owner or other person legally in possession of
such facilities. Provided, however, that when an automated teller machine is
located within an automated teller machine facility, such distance shall be
measured from the entrance or exit of the automated teller machine facility;
(iii) On private property if the owner, tenant, or lawful occupant has asked the person
not to solicit on the property, or has posted a sign clearly indicating that
solicitations are not welcome on the property; or
(iv) From any operator of a motor vehicle that is in traffic on a public street, whether
in exchange for cleaning the vehicle’s windows, or for blocking, occupying, or
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reserving a public parking space; provided, however, that this paragraph shall not
apply to services rendered in connection with emergency repairs requested by the
operator or passengers of such vehicle.
(b) Unauthorized solicitation shall constitute a misdemeanor.
(c) Aggressive panhandling shall constitute an aggravated misdemeanor.
Section 3: Applicability
This chapter regulates the time, place and manner of solicitations and shall not apply to any
persons exercising their clearly established constitutional right to picket, protest or engage in
other constitutionally protected activity.
Article 8: Taxicabs.
Section 1: Operation of taxicab to be in compliance with article.
No person, firm, or corporation shall operate a taxicab in the City except in accordance with the
terms and provisions of this Article.
Section 2: Definitions.
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:
(a) “Operator” means any person, firm, or corporation in the business of transporting
passengers in taxicabs.
(b) “Taxicab” means any passenger-carrying vehicle used in the business of transporting
passengers for hire which does not have fixed termini, including but not limited to, any
unmarked automobiles used in the business of transporting passengers for hire by
contract or requested special services that do not have fixed termini.
(c) “Taximeter” means a device that automatically calculates, at a predetermined rate, and
indicates the charge for hire of a vehicle. Taxicabs operating with non-electronic
taximeters shall be furnished with a sign, approved by the City of Milton Code
Enforcement Division, immediately adjacent to the taximeter which explains the way the
fare shall be calculated if the taximeter reaches its highest fare before the passengers
destination is reached. This sign shall be pointed out to the passenger by the driver at the
beginning of the trip.
(d) “Line Jumping” Taxicabs shall be placed on stands only from the rear and shall be
moved forward and to the front of the stand immediately as space becomes available by
the departure or movement of preceding taxicabs. Violations of this rule constitutes line
jumping and shall be grounds for suspension of a taxi drivers permit.
Page 24 of 29
Section 3: Operations deemed to be doing business in the City.
A taxicab shall be deemed to be doing business in the county when its original terminus, that is
to say, the place from which it operated and is subject to calls, shall be located in the City.
Section 4: License fees for annual operation and driver’s permit.
License fees are hereby levied per annum for each taxicab maintained or operated, and per
annum for each driver’s permit. The license fees are established from time to time by Resolution
of the Mayor and City Council. The business occupation tax shall be in accordance with the
current business occupation tax ordinance. The following criteria must be met to maintain a taxi
cab license:
1. Establishment and maintenance of an office in a commercially zoned area of the
corporate boundaries of the City of Milton.
2. Submission of a copy of current lease or proof of ownership of office space.
3. Establishment and maintenance of a publicly listed telephone number.
4. Maintain the name and home address of each driver affiliated with the company.
5. Maintain off-street parking lot capable of accommodating all company vehicles.
6. Maintain a file for each vehicle containing proof of current instruments.
7. Possess a valid six (6) month auto insurance policy.
Section 5: Permits for operation.
(a) Required. No person, firm, or corporation shall operate a taxicab or conduct the business
of operating taxicabs in the City of Milton until the person, firm, or corporation has first
applied for and obtained an occupation tax certificate and a taxicab license. The
applications for the occupation tax certificate and license shall be made to the City of
Milton Treasurer’s Office upon forms provided for that purpose. The license for vehicles
shall be issued by the City of Milton Treasurer’s Office. Permits for drivers will be issued
by the City of Milton Police Department.
No person shall operate a taxicab in the corporate boundaries of the City of Milton until
the person has first applied for and obtained a driver’s permit. Permits for drivers will be
issued by the City of Milton Police Department.
(b) Description of business. The application shall contain, among other things, a detailed
description of the equipment to be used in the business and the name of the operators
thereof, the point of original terminus of the business, and the address and telephone
number of the office or call station from which the business is operated.
(c) Indemnity insurance. No taxicab license to operate taxicabs shall be issued or continued
in operation unless the holder thereof shall file with the business tax division a policy of
indemnity insurance in some indemnity insurance company authorized to do business in
this state, which policy shall have limits equal to or in excess of the following sums for
each taxicab operated:
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(i) For bodily injury to each person, fifty thousand dollars ($50,000.00);
(ii) For bodily injury to all persons sustained in any one accident, fifty thousand
dollars ($50,000.00); and
(iii) For property damage and liability for baggage of passengers, twenty-five
thousand dollars ($25,000.00).
The policy shall be conditioned to protect the public against injury or damage proximately
caused by the negligence of the holder of such permit. Additional drivers or new drivers hired
after issuance of the occupation tax certificate shall be covered by a rider to the policy prior to
the issuance of a driver’s permit.
(d) Ages of Vehicles. The operator is responsible for ensuring that each taxicab used in
active business is no more than six (6) years old. By December of each year,
automobiles of a model year seven (7) years prior to that year must be replaced.
(e) Annual renewal. All fees for taxicab licenses and taxi drivers’ permits are due no later
than June 30 of each year.
Section 6: Certificate of inspection.
(a) A certificate of inspection completed on forms provided by the City of Milton
Treasurer’s Office and issued by an ASE Certified mechanic and shall be located inside
the taxicab at all times certifying that the taxicab and equipment therein are safe and in
compliance with applicable law. This certificate must be renewed every ninety (90) days,
and the operator of any taxicab business shall be required to keep his/her taxicab and
equipment therein in safe condition conforming to all laws under penalty of having
his/her permit to conduct a taxicab business suspended or revoked.
(b) Each taxicab must produce proof of taximeter inspection and calibration for issuance and
renewal of taxi decal.
(c) The City of Milton Police Department may conduct random inspections to ensure the
safety and welfare of the public.
Section 7: Additional Equipment.
The operator of a taxi business shall register with the City of Milton Treasurer’s Office each
additional piece of equipment put in use, and same shall be subject to inspection and registration
as herein provided.
Section 8: Drivers; Qualifications.
It shall be the duty of all operators to file with the City of Milton Treasurer’s Office the names
and addresses, age and physical description of the persons employed as drivers. All drivers shall
hold licenses from the State Department of Public Safety as drivers of vehicles for hire, and
drivers’ permits issued by the county Police Department. No person shall be employed or shall
Page 26 of 29
drive a taxicab who has, within the past five (5) years, been convicted of or has pled guilty or
nolo contendere to any sexual offense as set out in Title 16, Chapter 6 of the Official Code of
Georgia Annotated, or to the offense of driving under the influence of drugs and/or alcohol, or to
any open container violations, or to any offense involving the lottery, illegal possession or sale of
narcotics or alcoholic beverages or possession or receiving of stolen property, violence, or the
violation of a spirituous, vinous, or malt beverage statute or if the driver has been convicted of an
offense of causing death by vehicle. No driver can be issued a taxi driver’s permit if the driver
has received three (3) or more moving violations in the preceding twelve (12) month period.
Section 9: Taxi Stands; Parking.
Operators and drivers of taxicabs shall not park taxicabs in any congested area as defined by
the regulations of the county commissioners at any place other than the place or places
designated as “taxi stand”. The parking of taxicabs shall be subject at all times to the direction of
police officers should such direction be necessary or desirable for the relief of an emergency
traffic condition.
Section 10: Information to be displayed.
(a) Information to be displayed inside the taxicab at all times:
The operator is responsible for ensuring that each taxicab used in active business shall have
posted in a conspicuous place, on the inside thereof, a map or street guide of the City of Milton,
the name and photograph of the driver of the taxicab, and a schedule of fares. Each taxicab used
in active business shall also bear on the outside thereof a numbered decal to be furnished by the
business tax division of the office of the City of Milton Treasurer’s Office.
(b) Information to be displayed outside the taxicab at all times:
The operator is responsible for ensuring that each taxicab used in active business bears on the
outside thereof a numbered decal to be furnished by the Treasurer’s Office, the name of the
company and business telephone number which must be permanently affixed to the taxicab, a
dome light on the roof which must be at least six (6) inches in height permanently affixed to the
roof and bear the term “taxi” or the company name.
Section 11: Operators responsible for violations by drivers.
To the extent provided by law, operators are responsible for violations of this Article by their
taxicab drivers whether such drivers are direct employees or independent contractors.
Section 12: Notice of denial of license.
In the event that an application is denied, the City of Milton Treasurer’s Office shall provide the
applicant with written notice of the denial of the taxicab license. The notice of denial shall
include the grounds for denial.
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Section 13: Suspension or revocation of license.
(a) No license issued hereunder may be transferred.
(b) Each license granted hereunder shall be subject to suspension or revocation for violation
of any rule or regulation of the county now in force or hereafter adopted.
(c) Whenever the City of Milton Treasurer’s Office determines there is cause to suspend or
revoke the license issued hereunder, the City of Milton Treasurer’s Office shall give the
licensee ten (10) day written notice of intention to suspend or revoke the license. A
hearing will be scheduled wherein the licensee may present a defense to the suspension or
revocation before the Milton City Council or such board as the Milton City Council may
designate. The ten (10) day written notice shall include the time, place, and purpose of
such hearing, and a statement of the charges upon which such hearing will be held. After
the hearing, the Council or designated Board may suspend or revoke the license issued
hereunder if any of the grounds set forth below exist. A license issued under this Article
may be suspended or revoked by the City Council or their designee and a driver’s permit
may be suspended or revoked by the City of Milton Police Department upon one or more
of the following grounds:
(i) The original application contains materially false information, or the applicant has
deliberately sought to falsify information contained therein;
(ii) For failure to pay all fees, taxes or other charges imposed by the provisions of
this Article;
(iii) For failure to maintain all of the general qualifications applicable to the initial
issuance of a license or permit under this Article;
(iv) Having four or more moving traffic violations in any twelve (12) month period;
(v) Refusing to accept a client solely on the basis of race, color, national origin,
religious belief, or sex. Operators and drivers shall not refuse to accept a client
unless the client is obviously intoxicated or dangerous;
(vi) Allowing the required insurance coverage to lapse or allowing a driver to operate
in the City in violation of the provisions of this Article;
(vii) The establishment or driver is a threat or nuisance to public health, safety or
welfare; or
(viii) Not taking the most direct route.
(ix) For violation of any part of this Article.
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(d) After the City Manager makes a recommendation to the Mayor and City Council to
suspend or revoke a license issued hereunder, the Mayor and City Council, or such board
as the Mayor and City Council may designate, will conduct a hearing to hear evidence
relevant to the alleged violation.
(i) At the hearing, the City Manager or his designate proceeds first and presents all
evidence and argument in support of the recommendation to suspend or revoke
the license issued hereunder.
(ii) The Mayor and the City Council members or their designates will have the right
to ask questions at any time.
(iii) After the City Manager makes his presentation, the licensee or the licensee’s legal
counsel, will present evidence and argument as to why the license issued
hereunder should not be suspended or revoked. The Mayor and City Council
members or their designates will have the right to ask questions at any time.
(iv) After hearing all of the evidence and arguments of the parties, the Mayor and City
Council will render a decision. The suspension or revocation of a taxicab license
is final unless the licensee files a petition for writ of certiorari to the Superior
Court of Fulton County within thirty (30) days of the date of the decision.
Section 14: No proration of license fee.
No license fees shall be prorated. Taxi driver’s permit fees shall not be prorated.
(Res. No. 01-0373, § 1, 3-21-01)
Section 15: Repealer; exceptions.
All resolutions providing for taxicab license fees and drivers permits in conflict with this Article
are hereby repealed, provided, however, that nothing herein shall affect any resolution providing
for occupation or business taxes.
Section 16: Intent of Article; severability.
It is the intent of this Article to regulate the operation of taxicab businesses as set forth in this
Article upon all businesses operating in the corporate boundaries of the City of Milton consistent
with the requirements of the Constitution and laws of the State of Georgia. In the event that the
regulations and/or fees imposed hereby shall not be authorized on any business and practitioner
or regulation and/or fee shall be in excess of the maximum amount authorized by law, such
regulation and/or fee shall be imposed only to the extent authorized by law. The invalidity of any
part of this Article shall not affect the validity of the remaining portion hereof. In the event that
this Article may not be enforced against any class of business mentioned herein, such inability to
enforce the same shall not affect its validity against the other business specified herein.
Page 29 of 29
Section 17: Effective date.
This Article shall become effective December 1, 2006. Annual registration and payment shall be
conducted in accordance with the terms of this Article.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: October 20, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of an Offenses and Violations Ordinance
City Attorney Recommendation:
Adopt the attached ordinance providing for local offenses and violations. This agenda item was
presented during the October 24, 2006 Governor’s Commission Meeting.
Background:
The City needs a comprehensive local criminal code.
Discussion:
This ordinance is based largely on the similar ordinance adopted by the City of Sandy Springs,
with some adaptations from Roswell. It proscribes and defines: disorderly conduct, offenses
against public morals, alcohol related offenses, vandalism, graffiti, urban camping, loitering,
false alarms, public nuisances, animal-cruelty and related violations, air pollution and open
burning and miscellaneous offenses.
Alternatives:
Adopt the Fulton County analogous ordinance.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
Page 1 of 1
ORDINANCE NO. 2006-______
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 12, OFFENSES AND
VIOLATIONS, AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE
CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFERENCED
IN THE FUTURE AS CHAPTER 12 (OFFENSES AND VIOLATIONS) AS ATTACHED
HERETO AND INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the ______
day of ___________, 2006 at _____ pm. as follows:
SECTION 1. That the Ordinance relating to Offenses and Violations is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. That this Ordinance shall be designated as Chapter 12 of the Code of
Ordinances of the City of Milton, Georgia; and,
SECTION 3. This Ordinance was first read on November 14, 2006 and
SECTION 4. That this Ordinance shall become effective upon its adoption.
ORDAINED this the _____ day of ________________, 2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 26
Chapter 12: Offenses and Violations
Article 1: General Prohibitions.
Section 1: Disorderly Conduct.
(a) It shall be unlawful for any person to disturb or endanger the public peace or decency
by any disorderly conduct.
(b) The following acts, among others, are declared to be disorderly conduct:
(i) Act in a violent or tumultuous manner toward another whereby any person is
placed in fear of the safety of such person’s life limb or health;
(ii) Act in a violent or tumultuous manner toward another whereby the property of
any person is placed in danger of being damaged or destroyed;
(iii) Cause, provoke or engage in any fight, brawl or riotous conduct so as to
endanger the life, limb, health or property of another;
(iv) Assemble or congregate with another or others for the purpose of gaming;
(v) Be in or about any place, alone or with others, with the purpose of or intent to
engage in any fraudulent scheme, trick or device to obtain any money or
valuable thing’ or to aid or abet any person doing so;
(vi) Be in or about any place where gaming or illegal sale or possession of
alcoholic beverages or narcotics or dangerous drugs are practiced, allowed or
tolerated, for the purpose of or intent to engage in gaming or the purchase,
use, possession or consumption of such illegal drugs, narcotics or alcohol;
(vii) Direct fighting words toward another, that is, words which by their very
nature tend to incite an immediate breach of the peace;
(viii) Interfere, by acts of physical obstruction, with another’s pursuit of a lawful
occupation;
(ix) Congregate with another or others in or on any public way so as to halt the
flow of vehicular or pedestrian traffic, and to fail to clear that public way after
being ordered to do so by a city police officer or other lawful authority;
(x) Stand or remain in or about any street, sidewalk, overpass, or public way so as
to impede the flow of vehicular or pedestrian traffic, and to fail to clear such
street, sidewalk, overpass or public way after being ordered to do so by a
police officer or other lawful authority;
(xi) Disrupt by actions which tend to cause an immediate breach of the peace the
undisturbed activities of any house of worship, hospital, or home for the
elderly; or
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(xii) Throw bottles, paper, cans, glass sticks, stones, missiles, or any other debris
on public property.
Section 2: Offenses against public morals
(a) House of ill fame.
(i) A person, having or exercising control over the use of any place or
conveyance within the city which would offer seclusion or shelter for the
practice of prostitution, commits the offense of keeping a place of prostitution
when such person knowingly grants or permits the use of such place for the
purpose of prostitution;
(ii) Those places or conveyances which have been adjudged to be places of
prostitution as provided in this code may be abated as also provided in this
code.
(b) Solicitation for an illicit sexual act.
(i) It shall be unlawful for any person, while in any place open to the public and
whether as a pedestrian or in a motor vehicle, to offer or consent to perform
any illicit sexual act for money or any other thing of value. Furthermore, it
shall be unlawful for any person while in a place open to the public and
whether a pedestrian or in a motor vehicle, to attempt to induce, entice, solicit,
pander, purchase or procure another to commit any illicit sexual act for money
or other things of value. An illicit sexual act is defined as one or more of the
following:
(1) Prostitution
(2) Sodomy for hire
(3) Masturbation for hire
Any person engaging in violation of this Code section shall be guilty of the
offense of Idling and loitering for the purposes of committing an illicit sexual
act.
(ii) For purposes of sub section (i), any person shall include solicitors of illicit
sexual acts or panderers, who solicit, procure or purchase another to perform
any illicit sexual act in exchange for money or other things of value, and who
are commonly referred to as “johns” or “tricks”.
(c) Criminal impersonation
(i) Definitions. The following words, terms and phrases, when used in this
section, shall have the meanings ascribed to them in this subsection, except
where the context clearly indicates a different meaning:
Page 3 of 26
Intent to defraud means the use of deception with the intention to injure another’s interest
which has economic value.
(ii) Intent. A person is guilty of criminal impersonation if such person:
(1) Assumes a false identity and does not act in such person’s assumed
character with the intent to defraud another; or
(2) Pretends to be a representative of some person or organization and
does an act in such person’s pretended capacity with the intent to
defraud another.
(d) Indecency. It shall be unlawful for any person to perform any of the following acts in
a public place:
(i) An act, or simulated act of sexual intercourse;
(ii) An exposure of one’s genitals, or of one’s breasts, if female;
(iii) The touching, caressing or fondling of the genitals, or the breast, of a female.
(e) Defecating or urinating on public property or in public areas. It shall be unlawful to
defecate or urinate on the streets or sidewalks, or in the halls or elevator of public or
commercial buildings, or on any property open to public view in the city.
(f) Spitting. It shall be unlawful for any person to spit upon sidewalks, or upon the floors
of places of worship, buses, public halls, theaters or other public places.
Section 3: Alcohol related offenses.
(a) Alcohol consumption near package stores. It shall be unlawful for any person to open
or to consume all or any part of any type of alcoholic beverage within one hundred
(100) feet of any retail store where alcoholic beverages are sold in package form or
within the boundary lines of the property on which such retail store is located,
whichever constitutes the greater distance.
(b) Drinking in public. It shall be unlawful for any person to drink any vinous, malt or
other alcoholic beverage while on any streets, sidewalks, alleyways, parking areas or
other open areas operated and controlled by the city, or while in or on the grounds
of any MARTA station. Further it shall be unlawful for any person to drink any
vinous, malt or other alcoholic beverage while in any city park.
A licensee may prepare and serve alcoholic beverages to be consumed within an
outdoor dining area as part of the operation of a sidewalk café. Open containers of
alcoholic beverages shall only be transported into or out of outdoor dining areas by
the licensee’s working employees as part of their work duties.
(c) Disorderly Conduct while under the influence.
(i) Acts constituting violation. It shall be unlawful for any person within the
corporate limits of the city to be disorderly while under the influence on the
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streets sidewalks or other public places. The following acts are declared to be
in violation of this section:
(1) Any person who acts in a reckless manner so as to create an unreasonable
risk to himself/herself, to others or to property in the vicinity while under
the influence of alcohol or drugs.
(2) Any person who shall defecate or urinate on the streets or sidewalks or in
the halls or elevators of public or commercial buildings, or on any
property open to public view in the city while under the influence of
alcohol or drugs.
(3) Any person who, without provocation, uses to or of another, in such
person’s presence fighting words, or who shall panhandle under the
influence of alcohol or drugs.
(4) Any person who shall act in a tumultuous manner toward another so as to
endanger the life limb, health or property of another while under the
influence of alcohol or drugs.
(5) Any person who shall lie down or otherwise obstruct, block or impede
pedestrian or vehicular traffic on any sidewalk, street, or entrance or exit
to any public way, house of worship, business, public hall, theater, public
conveyance or other public place and who shall refuse to remove
themselves when ordered to do so by a city police officer or other lawful
authority while under the influence of alcohol or drugs.
(6) Any person who shall act in a boisterous, turbulent, or agitated manner, or
who shall use profane, vulgar, loud or unbecoming language while under
the influence of alcohol or drugs while on the city streets sidewalks, or
other public places within the corporate limits of the city.
(ii) Duty of peace officer. Any peace officer, in accordance with standards set out
in standard operating procedures promulgated by the police chief, may take or
send an individual under the influence of alcohol or drugs to such person’s
home or to a treatment facility in lieu of incarcerating such person for
violations of this section or when such person is unresponsive to the officer’s
communications. Any peace officer so acting shall be considered as carrying
out such peace officer’s official duty. The standard operating procedures shall
set out the circumstances under which a peace officer may send an individual
home or to treatment facility without formally rendering charges against a
person.
(d) Furnishing to, purchasing of, or possession by person under 21 years of age of
alcoholic beverages.
(i) Except as otherwise authorized by law:
(1) No person 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, drink or knowingly
possess any alcoholic beverages;
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(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;
(5) No person under 21 years of age shall misrepresent such person’s identity
or use any false identification for the purpose of purchasing or obtaining
any alcoholic beverages; or
(6) No person shall keep or maintain a place where persons under 21 years of
age are allowed and permitted to come and purchase, drink or possess any
alcoholic beverage.
(ii) The prohibitions contained in subsections (1), (2) and (4) of this subsection
shall not apply with respect to the sale, purchase or possession of alcohol
beverages for consumption:
a. For medical purposes pursuant to a prescription of a physician duly
authorized to practice medicine in this state; or
b. At a religious ceremony.
(iii) The prohibition contained in subsection (1) of subsection (i) of this section
shall not apply with respect to 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 twenty-one (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 under O.C.G.A. §§ 40-5-100 through 40-5-104. “Proper
identification” shall not include a birth certificate.
(iv) If such conduct is not otherwise prohibited pursuant to O.C.G.A. § 3-3-24,
nothing contained in this section shall be construed to prohibit any person
under twenty-one (21) years of age from:
a. Dispensing, serving, selling or handling alcoholic beverages as a part of
employment in any licensed establishments;
b. Being employed in any establishment in which alcoholic beverages are
distilled or manufactured; or
c. Taking orders for and having possession of alcoholic beverages as a part
of employment in a licensed establishment.
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(v) Testimony by any person under twenty-one (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 as an admission in any
administrative or judicial proceedings brought against such testifying person
under twenty-one (21) years of age.
(vi) Nothing in this section shall be construed to modify, amend or supersede
O.C.G.A tit. 15, ch. 11 (O.C.G.A. § 15-11-1 et seq.).
(vii) Any person convicted of violating any prohibition contained in subsection (i)
of this section shall be punished by a fine not to exceed the maximum allowed
by state law; except that any person convicted of violating subsection (i)(2) of
this section shall be punished by not more than thirty (30) days imprisonment
or a fine of not more than three hundred dollars ($300.00) or both. Any
defendant charged under this section shall be entitled upon request to have the
case against such defendant transferred to the court having general
misdemeanor jurisdiction in the county in which the alleged offense occurred.
Any person charged with a second or subsequent offense under this section
shall be punished as for a misdemeanor of a high and aggravated nature in the
court having general misdemeanor jurisdiction in the county in which the
alleged offense occurred.
(viii) Whenever any person who has not been previously convicted or any offense
under this section or under any other law of the United States or this or any
other state relating to alcoholic beverages pleads guilty to or is found guilty of
a violation of subsection (i)(2) or (i)(3) of this section, the court, without
entering a judgment of guilt and with the consent of such person, may defer
further proceedings and place such person on probation upon such reasonable
terms and conditions as the court may require. The terms of probation shall
preferably be such as require the person to undergo a comprehensive
rehabilitation program, including, if necessary, medical treatment, not to
exceed three years, designed to acquaint such person with the ill effects of
alcohol abuse and to provide such person with knowledge of the gains and
benefits which can be achieved by being a good member of society. Upon
violation of a term or condition of probation, the court may enter an
adjudication of guilt and proceed accordingly. Upon fulfillment of the terms
and conditions of probation, the court shall discharge such person and dismiss
the proceedings against such person. Discharge and dismissal under this
subsection shall be without court adjudication of guilt and shall not be deemed
a conviction for purposes of this subsection or for purposes of
disqualifications or disabilities imposed by law upon conviction of a crime.
Discharge and dismissal under this subsection may occur only once with
respect to any person.
(ix) Unless the officer has reasonable cause to believe such person is intoxicated, a
law enforcement officer may arrest by issuance of a citation a person accused
of violating only subsection (i)(2) of this section. The citation shall enumerate
the specific charges against the person and either the date upon which the
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person is to appear and answer the charges or a notation that the person will
be later notified of the date upon which the person is to appear and answer the
charges. If the person charged shall fail to appear as required, the judge,
having jurisdiction of the offense may issue a warrant or other order directing
the apprehension of such person and commanding that such person be brought
before the court to answer the charges contained within the citation and the
charge of such person’s failure to appear as required. Nothing in this
subsection shall be construed to invalidate an otherwise valid arrest by citation
of a person who is intoxicated.
Section 5: Vandalism.
(a) Public Property
(i) It is unlawful for any person to vandalize, deface, or in any way alter the
appearance or operation of any public property or park in the City.
(ii) No person shall spit on the floors, walls, or other parts of any public building
in the City.
(b) Private Property
(i) It is unlawful for any person to vandalize, deface, or in any way alter the
appearance or operation of any private property without the consent of the
owner.
(ii) This subsection shall not be construed as affecting any remedy the private
property owner may have at law.
Section 6: Graffiti.
(a) Purpose and Intent.
(i) Graffiti promotes blight in the neighborhoods in which it occurs and
encourages similar acts of vandalism. Without prompt removal of graffiti,
other properties become the target of graffiti and entire neighborhoods are
affected and become less desirable places in which to live and work.
(ii) The Council members of the City of Milton, in the interest of public health,
safety, and welfare further find and declare that to be truly effective in the
deterrence, eradication, and removal of graffiti, it is necessary to implement a
comprehensive anti-graffiti ordinance.
(b) Definition. “Graffiti” means the defacing, altering, modifying, changing, drawing,
damaging, or destroying by spraying or use of paint, or marking of ink, dye, or any
other similar substances on public and/or private buildings, structures, and places, an
inscription, slogan, drawing, or modification.
(c) Prohibited Acts.
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(i) It shall be unlawful for any person(s) to deface, alter, modify, change, draw,
damage, or destroy by spraying or use of paint, or marking of ink, dye, or any
other similar substance on public and/or private buildings, structures and
places, an inscription, slogan, drawing, or modification, or otherwise damage
private or public property in contradiction of other City ordinances, by or
through the application of “graffiti” as defined herein.
(ii) It shall be unlawful for any person owning or otherwise being in control of
any real property within the City to maintain, permit, or allow any graffiti to
be placed upon any structure located on such property when the graffiti is
visible from the street or other public or private property after notice, in
writing, has been given to such person in control of said property.
(d) Graffiti Notice of Removal. It shall be unlawful for any person, firm, or utility
owner, or acting as a manager, tenant, or agent for the owner of the property, to
permit the application of or fail to remove graffiti within ten (10) business days after
written notice is given.
(e) Graffiti Notice Procedure.
(i) Whenever the City becomes aware of the existence of graffiti or other
unsightly conditions on any property, including structures or improvements
within the City, a police officer or code enforcement officer shall give or
cause to be given, written notice to the property owner, and/or owner’s agent,
tenant, or manager to remove such graffiti or other unsightly condition there
from.
(ii) The notice required by this section may be served in any one of the
following manners:
(1) By personal service or registered or certified mail addressed to the
owner or the last known address of said owner. If this address is
unknown, the notice will be sent to the property address. Such notice
shall allow ten (10) days from the date of notice for removal of
identified graffiti.
(2) In the event that the City has attempted to notify the proper person
under (A), above, and is unable to do so, then the City is authorized to
post the above notice on the main entrance of the building.
(iii) For the purposes of giving the notice to the owner of the property, the person
shown as the owner of said property on the ad valorem tax records of the City
or Fulton County shall be sent such notice at the address shown thereon unless
the City receives actual notice that another person owns said property. In
addition, the owner may notify the City that the tenant, pursuant to a written
lease, has control of the property or has control of that portion of the building
which is the subject matter of this ordinance and, in the event the City
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receives such notice, the City shall notify the tenant of the notice of removal
as provided in this ordinance and proceed against the tenant and not the
owner.
(f) Accepted Graffiti Removal Products.
(i) The Planning and Zoning Department shall maintain a list of substances
designated as acceptable products to remove specific types of graffiti from
specific surfaces (unpainted brick, concrete, stone, etc.). This list shall include
detailed information on the appropriate use of such designated substances.
Appropriate use of said substances by property owners shall constitute
compliance with the requirement to remove graffiti contained herein.
(ii) Use of any of these items or any other items are at the risk of the user. The
City does not recommend the products. Use may discolor or damage the finish
of the surface the products are used on.
(g) City Cost Declared Lien. If the person, agent, firm, manager, or owner of the property
fails to remove the graffiti by the end of the ten (10) day notification period, the City
Manager may cause the graffiti to be removed and charge to the property owner the
expenses incurred. Upon the completion of removal by the City, the City shall
provide the proper party written notice consistent with subsections (d) and (e), above,
of the total cost of removal and shall give the proper party thirty (30) days to pay the
total cost incurred by the City. If the expenses of the removal remain unpaid for a
period of sixty (60) days, the City may place a lien against the property upon which
said nuisance existed and from which the graffiti was removed.
(h) Graffiti Penalty. Any person who is convicted of violating this Article shall be
punished in a manner consistent with Chapter 1, General Provisions, Article 3,
Violations, Section 1 of this Code of Ordinances. The Municipal Court may suspend
or probate a portion or all of its sentence upon such conditions to include but not be
limited to the restoring of the property so defaced, damaged, or destroyed, or other
remedial action.
Section 7: Tampering with Utilities.
It is unlawful for any person to disturb, tamper with, or remove any guy wires from
any electric power pole, utility pole, or telephone pole located within the City.
Section 8: Urban Camping
(a) Definitions. For purposes of this section,
(1) “Camp” shall mean residing in or using a public street, sidewalk, or park for
private primary living accommodations, such as erecting tents or other
temporary structures or objects providing shelter; sleeping in a single place for
any substantial prolonged period of time; regularly cooking or preparing
meals; or other similar activities.
Page 10 of 26
(2) “Storing personal property” shall mean leaving one’s personal effects, such as,
but not limited to, clothing, bedrolls, cookware, sleeping bags, luggage,
knapsacks, or backpacks, unattended for any substantial prolonged length of
time. This term shall not include parking a bicycle or other mode of
transportation.
(3) “Public park” includes all municipal parks, public playgrounds, public plazas,
attractions, and monuments.
(4) “Public street” includes all public streets and highways, public sidewalks,
public benches, public parking lots, and medians.
(b) Public parks. It shall be unlawful to camp or to store personal property in any park, as
defined above, owned by the City.
(c) Public streets. It shall be unlawful to camp, to sleep, to store personal property, to sit
or to lie down on any public street, as defined above.
(d) Other public property—blocking ingress and egress. It shall be unlawful to camp, to
sleep, to store personal property, to sit or to lie down on any public property so as to interfere
with ingress or egress from buildings.
(e) Warning. No person may be arrested for violating this code section until he or she has
received an oral or written warning to cease the unlawful conduct. If the violator fails to
comply with the warning issued, he or she is subject to arrest for urban camping.
(f) Exceptions. This code section shall not be construed to prohibit the following
behavior:
(1) Persons sitting or lying down as a result of a medical emergency;
(2) Persons in wheelchairs sitting on sidewalks;
(3) Persons sitting down while attending parades;
(4) Persons sitting down while patronizing sidewalk cafes;
(5) Persons lying down or napping while attending performances, festivals,
concerts, fireworks, or other special events;
(6) Persons sitting on chairs or benches supplied by a public agency or abutting
private property owner;
(7) Persons sitting on seats in bus zones occupied by people waiting for the bus;
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(8) Persons sitting or lying down while waiting in an orderly line outside a box
office to purchase tickets to any sporting event, concert, performance, or other
special event;
(9) Persons sitting or lying down while waiting in an orderly line awaiting entry
to any building, including shelters, or awaiting social services, such as
provision of meals; or
(10) Children sleeping while being carried by an accompanying person or while
sitting or lying in a stroller or baby carriage.
Section 9: Loitering
(a) A person may not loiter, loaf, wander, stand or remain idle either alone or in consort
with others in a public place in a manner so as to:
(1) Obstruct any public street, public highway, public sidewalk or any
other public place or building by hindering or impeding or tending to
hinder or impede the free and uninterrupted passage of vehicles, traffic
or pedestrians;
(2) Commit in or upon any public street, public highway, public sidewalk
or any other public place or building any act or thing which is an
obstruction or interference to the free and uninterrupted use of
property or with any business lawfully conducted by anyone in or
upon or facing or fronting on any public street, public highway, public
sidewalk or any other public place or building, all of which prevents
free and uninterrupted ingress, egress and regress.
(b) No person shall congregate with another or others in or on any public way so as to
halt or impede the flow of vehicular or pedestrian traffic after having been directed to
clear such public way or place when ordered by the police of the City of Milton
and/or any other authorized law enforcement official.
(c) No person shall congregate with another or others in or on any public way so as to
halt or impede the flow of vehicular or pedestrian traffic after having been directed to
clear such public way or place when ordered by the police of the City of Milton
and/or any other authorized law enforcement official.
(d) A person shall not sit, lie or sleep in or upon any public highway, alley, sidewalk or
crosswalk or other place open for pedestrian travel, except when necessitated by
physical disability of such person.
Section 10: Loitering by Minors.
(a) It is unlawful for a minor as defined herein, to loiter in any public place within the
city between the hours of 11:00 p.m. and 5:00 a.m. of the following day, subject to
the definitions and exceptions contained in this section.
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(b) Definitions. For the purposes of this chapter, the following words and phrases shall
be construed as follows:
(1) "Emergency" means an unforeseen combination of circumstances that calls for
immediate action. The term includes, but is not limited to, a fire, a natural
disaster, an automobile accident, or any situation requiring immediate action
to prevent serious bodily injury or loss of life.
(2) “Loiter" means to stand idly about or linger aimlessly.
(3) "Youth" means any person under the age of eighteen (18) and is synonymous
with the terms "juvenile" or “minor” for the purposes of this chapter.
(4) “Public place" means any place to which the public or a substantial group of
the public has access and includes, but is not limited to, streets, sidewalks,
driveways, highways, private residences left open to the public without the
presence of adult supervisors and the common areas of schools, hospitals,
apartments, malls, parking lots, office buildings, playgrounds, vacant lots and
transportation facilities.
(c) This chapter shall not apply under the following circumstances to minors:
(1) Emancipated pursuant to the provisions of O.C.G.A. § 19-7-1 et. seq.
or similar statutes of another state;
(2) Accompanied by a parent, guardian or other adult having legal care or
custody of said minor;
(3) Upon a specific, legitimate errand at the direction of a parent or
guardian having the care or custody of a minor, while such minor is
actually and directly carrying out such errand;
(4) Going directly to or coming directly from a place of public
amusement, school function, or place of employment, with the
knowledge and consent of the minor's parent or guardian;
(5) Present in a public place because of an emergency, as defined herein,
while actually dealing with or responding to such emergency.
Section 11: Penalties
(a) When any person causes or commits any of the conditions enumerated in Sections 9
or 10 of this Article, a police officer or any law enforcement officer shall order that
person to stop causing or committing the conditions and to move on or disperse. Any
person who fails or refuses to obey the orders violates this section.
(b) A person who violates this Article is guilty of a misdemeanor and is subject to a fine
or imprisonment not exceeding ninety (90) days, or both, consistent with Chapter 1,
General Provisions, Article 3, Violations, Section 1 of this Code of Ordinances.
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Article 2: False Alarms.
Section 1: Definitions
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:
(a) “Burglar alarm system” means any assembly of equipment or device, whether
mechanical or electrical, arranged or designed to signal by any means the occurrence
of an illegal entry into the premises or any other activity requiring urgent police
attention and to which the Police Department may reasonably be expected to respond;
provided, however, that this definition does not include alarm systems installed
exclusively for the purpose of signaling an ongoing robbery, fire or medical
emergency, and does not include any alarm system installed in a motor vehicle.
(b) “Burglar alarm user” means the person or other entity which owns, leases, rents,
manages, possesses, or has primary control over the premises in which a burglar
alarm system is installed or maintained.
(c) “Chief of Police” means the Chief of the Fulton County Police or the Chief of Police
of the City of Milton Police Department if such department is established or his
designee.
(d) “False alarm” means the activation of a signal from a burglar or fire alarm system
which elicits a response from the Police or Fire and Rescue Department when there is
in fact no emergency or actual or threatened criminal activity necessitating such a
response. This definition includes, without being limited to, any burglar alarm system
signal activated as a result of weather, negligence, accident, mechanical failure,
electrical failure, electrical surge, signals activated intentionally in nonemergency
situations, and signals activated where the actual cause of such activation is unknown.
There is a rebuttable presumption that an activated burglar or fire alarm system signal
is a false alarm if the responding personnel, after following normal procedures in their
response and investigation, find no evidence of unauthorized entry, criminal activity
or other emergency. An activated alarm system signal shall not be considered a false
alarm if:
(i) The Police or Fire and Rescue Department is notified to cancel its response by
the alarm user or the alarm user’s monitoring agent prior to the time
emergency personnel arrive at the premises;
(ii) The burglar or fire alarm system signal was intentionally activated by an
individual based upon a reasonable belief that an emergency or actual or
threatened criminal activity requiring immediate response existed;
(iii) The burglar or fire alarm system signal was activated by lightening or other
act of nature resulting in an electrical surge which causes physical damage to
the alarm system and which damage is evidenced by the written report of a
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licensed alarm system contractor who conducted an inspection of the system
at the premises and personally observed such physical damage.
(e) “Fire alarm” means any assembly of equipment or device, whether mechanical or
electrical, arranged or designed to signal by any means the occurrence of a fire at
the premises.
(f) “Police Department” means the City of Milton Police Department.
(g) “Premises” means the building or structure or any portion of a building or structure in
which there is installed or maintained a burglar alarm system.
Section 2: Purpose and Intent.
Based on the experiences of surrounding municipalities and communities and their law
enforcement officers, the Council finds that emergency response to false alarms creates
additional risks to public safety by diverting limited public safety resources away from both
real emergencies and normal patrol activities intended and designed to prevent criminal acts.
Therefore, the purpose of this Article is to promote public safety by making burglar and fire
alarm users in the City of Milton directly responsible for preventing false alarms.
Section 3: Registration Required.
(a) No later than five (5) business days following the installation of any burglar or fire
alarm system, the alarm user or monitoring company shall provide the following
information to the Chief of Police:
(i) The complete name, address, and phone number of the alarm user;
(ii) The names of all persons authorized to enter the premises and deactivate the
alarm system signal as well as all phone numbers at which such persons can
be reached;
(iii) The name and telephone number of the alarm user’s monitoring agent, if any;
and
(iv) If known, the name and telephone number of the person or entity which
installed the alarm system.
(v) A twenty-five dollar ($25.00) alarm registration processing fee;
(b) Any changes in the information set forth in subsection (a) of this section must be
reported to the Chief of Police within five (5) business days. Burglar or fire alarm
users utilizing alarm systems installed prior to the effective date of this Article shall
provide the information set forth in subsection (a) of this section to the Chief of
Police no later than sixty (60) days following such effective date, unless sooner
requested in writing by the Chief of Police.
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(c) All alarm systems installed before incorporation of the City of Milton shall be
registered with the Chief of Police within six (6) months after the effective date of
this Article. The City may authorize the City Manager to obtain the registration
information from Police Chief of Fulton County, Georgia.
Section 4: Deactivation Mechanism Required.
No burglar or fire alarm system installed after the effective date of this Article shall be used
unless such system is equipped with a mechanism or device that automatically deactivates
the alarm system signal no later than thirty (30) minutes after activation.
Section 5: Monitoring and Enforcement.
The Chief of Police shall receive and maintain all information required to implement the
terms of this Article and shall be responsible for its enforcement. This Article shall be
enforced by the issuance of a citation and prosecution in the City Municipal Court, or other
court of competent jurisdiction.
Section 6: Prohibitions.
(a) It shall be a violation of this Article for any burglar or fire alarm user to cause, allow
or permit three or more false alarms in any calendar year. It shall also be a violation
of this Article for any burglar or fire alarm user to fail or otherwise refuse to comply
with the registration or equipment requirements set forth in Sections 3 of this Article.
(b) No person shall intentionally make, turn in, or report a false alarm of fire or false
request for police or ambulance assistance, or aid or abet in the commission of such
an act.
Section 7: Penalties.
Upon conviction, violations of this Article shall be punished as follows:
(a) For the second and each subsequent false alarm that occurs at the same premises
within any twelve-month period, a fine shall be assessed in the amount of one
hundred fifty dollars ($150.00); provided, however, that no burglar alarm user shall
be assessed fines in excess of six hundred dollars ($600.00) for false alarms that
occur at the same premises in any twenty-four (24) hour period.
(b) For all other violations of this Article, not including false alarms, a fine shall be
assessed in the amount of one hundred dollars ($100.00) and, in addition thereto, the
violator may be enjoined by the Municipal Court Judge from continuing the violation.
(c) Each violation shall constitute a separate offense.
(d) False alarms shall not be counted for purposes of assessing the penalties provided for
in subsection (a) of this section so long as such false alarms occur within ten (10)
days following the installation of the burglar or fire alarm system.
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Article 3: Nuisances.
Section 1: Definitions.
(a) The following conditions being maintained or located on an owner’s property may be
declared to be nuisances when any one of them endangers the health, welfare, or good
of other persons or the good order of the community:
(i) Stagnant water on premises;
(ii) Any dead or decaying matter; weeds; vegetation; or any fruit, vegetable,
animal, or rodent, upon premises which is odorous or capable of causing
disease or annoyance to the inhabitants of the City;
(iii) The generation of smoke or fumes in sufficient amounts to cause odor or
annoyance to the inhabitants of the City;
(iv) The pollution of public water or the injection of matter into the sewerage
system which would be damaging thereto;
(v) Maintaining a dangerous or diseased animal or fowl;
(vi) Obstruction of a public street, highway, or sidewalk without a permit;
(vii) 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 areas;
(viii) All walls, trees, and buildings that may endanger persons or property;
(ix) 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 the activities;
(x) Unused iceboxes, refrigerators, and the like, unless the doors, latches or locks
thereof are removed; and
(xi) Any other condition constituting a nuisance under state law or this Code.
(b) This section shall not be construed to be the exclusive definition of nuisance within
this Code.
Section 2: Complaint of nuisance.
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(a) Any official or inhabitant of the City may direct a complaint of nuisance to the City
Police Department, or the City Manager or his designate. Any complaint of nuisance
shall be investigated by the Police Department and may be placed on the Municipal
Court docket for a hearing upon the basis of the investigation.
(b) The Municipal Court, after 5 days’ notice 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 of, 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.
(c) County animal control officers or City building and license inspectors of the City may
also receive complaints, investigate the same, and place on the court docket such
complaints in the same manner as police officers.
Section 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 Municipal Court Judge, that it
must be immediately abated, the judge may issue an order to the Chief of Police
directing the nuisance to be abated.
(b) The Chief of Police, in such case, shall keep a record of the expenses and cost of
abating same, and the costs shall be billed against the owner, agent, or tenant for
collection as for City revenues generally and shall become a lien on the property of
such persons.
(c) Other City departments shall assist the Chief of Police as is necessary in abating
nuisances hereunder.
Section 4: Nuisance per se; exception; summary abatement.
Nothing contained in this Chapter shall prevent the Municipal Court Judge 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.
Section 5: Demolition of unsafe buildings or structures.
(a) Whenever the City Building Inspector determines that there exists an unsafe building
or structure within the City, the City housing inspector or appropriate municipal
official shall serve or cause to be served upon the record owner of such structure or
building at the address shown on the City’s current ad valorem tax records, and upon
any other person or entity known to have a vested interest in such building or
structure, a written notice containing the following:
Page 18 of 26
(1) The street address or legal description of the building, structure, or premises
upon which the same is located;
(2) A statement indicating that the building or structure has been declared unsafe
by the City Building Inspector, specifying the conditions determined to have
rendered the building or structure unsafe;
(3) Said statement shall further specify the section or sections of the building
code, gas code, mechanical code, plumbing code, electrical code, housing
code, comprehensive development code, or other code or ordinance alleged to
be violated by such building or structure; and
(4) Notification that a hearing will be held before the City Council of the City of
Milton to consider whether such building or structure constitutes an unsafe
building or structure and the remedial action which shall be required of the
owner to render such building or structure safe, including the demolition and
removal of such building or structure. The owner and any other parties known
to have a vested interest in such building or structure shall be advised that they
may be represented by counsel at such hearing and shall be permitted to
present any relevant evidence and will be given an opportunity to cross
examine all witnesses.
(b) The notice specified in subsection (a) of this section, shall be mailed to such owner
and any other persons known to have a vested interest in such building or structure at
least fifteen (15) days prior to such hearing and shall be posted in a conspicuous place
on the premises to which it relates.
(c) At such hearing, the Council shall determine whether such building or structure is
unsafe, and if so, the Mayor shall enter an order setting forth:
(1) The specific conditions and deficiencies rendering such building or
structure unsafe.
(2) If the Council determines that such building or structure can be repaired and
restored to a safe condition within a reasonable period of time, such order
shall also state the specific conditions and deficiencies to be corrected and the
period of time during which such corrections are to be made and that if such
conditions and deficiencies are not corrected during said period of time and
the owner has not demolished and removed such building or structure within
such period of time, the City will demolish and remove such building or
structure, at the owner’s expense.
(3) If the Council determines that such building or structure cannot be repaired
and restored to a safe condition within a reasonable period of time, such order
shall state that the owner shall demolish and remove such building or structure
within ten (10) days thereafter, and upon the failure of the owner to do so, the
City will demolish and remove such building or structure, at the owner’s
expense.
Page 19 of 26
(d) If the City demolishes and removes any such building or structure pursuant to
subsection (c) of this section, then the City shall bill the owner of such building or
structure for the reasonable cost thereof, and such cost shall constitute a lien on the
real property upon which such building or structure was located, and the City
Treasurer shall issue execution for the lien. Such execution shall be made in the same
manner as execution for delinquent taxes.
(e) The term “unsafe buildings or structures” shall apply to buildings or structures or
portions thereof, existing or hereafter erected, as follows:
(1) Those deemed structurally unsafe; unstable; unsanitary; constituting a hazard
to life because of inadequate exit facilities or otherwise; constituting a fire
hazard; unsuitable or improper for the use or occupancy to which it is put;
constituting a hazard to health or safety because of inadequate maintenance,
dilapidation, obsolescence, or abandonment; or otherwise dangerous to life or
property; or
(2) Vacant building or structures or portions thereof deemed to constitute a hazard
to health, safety, or property or deemed to constitute a nuisance.
(f) When a building or structure or portion thereof is in an unsafe condition so that life is
in imminent danger, the City housing inspector shall order and require the occupants
thereof to vacate the same forthwith or as soon as practicable. The Building Inspector
shall, when necessary for the public safety, temporarily close sidewalks, streets,
buildings, structures, and places adjacent to such buildings or structures, and prohibit
the same from being used.
Section 6: Offense; penalty.
(a) It is declared to be an offense for any owner, agent, or tenant to maintain a nuisance.
Each day a nuisance is continued shall constitute a separate offense. Following five
(5) days after receipt of certified written notice to the property owner, agent, or
tenant, a citation may be issued by the City.
(b) Penalties for the first violation of this code section shall be a minimum fine of one
hundred dollars ($100.00). The penalty for second violations of the same provisions
of this code section by the same owner or tenant shall be a minimum fine of five
hundred dollars ($500.00). Third or repeat violations of the same provisions of this
code section by the same owner or tenant shall be a minimum fine of one thousand
dollars ($1,000.00).
(c) Unless otherwise specified, no penalty issued for a violation of this Article shall be
inconsistent with the provisions set forth in Chapter 1, General Provisions, Article 3,
Violations, Section 1 of this Code of Ordinances.
Page 20 of 26
Article 4: Animals.
Section 1: Cruel Treatment of Animals Prohibited.
(a) No person shall willfully place within reach of any domestic animals, any substance
that is poisonous or harmful to the animal.
(b) No person shall willfully and unjustifiably kill or injure any domestic animal other
than livestock maintained for food purposes.
Section 2: Disposal of Deceased Animals.
No person shall place any dead animal upon his or her premises or upon the premises of any
other person or allow any dead animal to remain upon his or her premises or any dead animal
belonging to the person to remain upon the premises of another without disposing of same or
causing the animal to be properly removed or disposed of within 24 hours.
Section 3: Removal of canine fecal matter.
(a) It is unlawful for any person owning, possessing, harboring, or having care, charge,
control, or custody of any dog not to remove any feces left by that dog on any
sidewalk, gutter, street, lot, public park, or other public area or public property.
(b) Dog waste shall be immediately removed by placing said matter in a closed or sealed
container and thereafter disposing of it in a trash receptacle, sanitary disposal unit, or
other closed or sealed refuse container.
(c) Each and every violation of this code section shall be punishable to the extent
provided by Chapter 1, General Provisions, Article 3, Violations, Section 1 of this
Code of Ordinances.
(d) This section shall not apply to visually impaired persons who have the charge,
control, or use of a guide dog.
Article 5: Air Pollution Control.
Section 1: Authority.
This article is hereby established in conformance with the federal "Air Quality Act of 1967"
(P.L. 90-148) and with the Georgia Air Quality Act (O.C.G.A. §12-9-1) and by the authority
vested in the city council by law.
Section 2: Purpose.
The purpose of this article is to provide minimum standards or regulations in conjunction
with state and federal law to safeguard life, health, property and the public welfare of the
citizens of the city and others from the effects of air pollution and air contamination.
Page 21 of 26
Section 3: Open Burning
(a) When permitted. Open burning is prohibited in all zoning districts other than
agricultural districts except under the following circumstances and conditions:
(1) Open burning in a reasonable fashion for the purpose of cooking food for
immediate human consumption is allowed; and
(2) Bonfires, recreation fires or fires used for promoting an outdoor event are
allowed, provided fires in excess of three feet across are subject to permitting
by the fire department; and
(3) Warming fires in barrels of fifty-five gallon capacity or less are allowed at
construction sites, provided that the outside temperature is fifty (50) degrees
Fahrenheit or less and the fire does not produce dense smoke or obnoxious
odors. Untreated wood or lumber shall be the only material or substance
allowed in a warming fire. Warming fires must be attended and are
authorized only at sites where no certificate of occupancy has been issued. It
is specifically declared the responsibility of all city building inspectors and
other enforcement personnel to assist the fire marshal in the regulation and
enforcement of these warming fire provisions; and
(4) Fires set for purposes of training firefighting personnel of the city are allowed.
(b) Burning under hazardous conditions. The fire marshal may prohibit any open burning
when atmospheric conditions or local circumstances make such burning hazardous.
(c) Liability of applicant. Nothing herein shall be construed to limit the liability of the
landowner/applicant for any damages caused as a result of fire.
Section 4: Prohibited Acts.
No person shall discharge, or cause to be discharged, from any source whatsoever such
quantities of air contaminants or other materials which cause injury, detriment, nuisance, or
annoyance to any considerable number of persons or to the public, or which endanger the
comfort, repose, health, or safety of any such person or the public, or which cause, or have a
natural tendency to cause, injury or damage to humans or property.
Section 5: Materials Handling; Construction and Demolition.
(a) Any material which may create air pollution as the result of dispersal during transport
shall be so treated prior to transport or so enclosed during transport, as to effectively
prevent air pollution during transport.
(b) Effective measures shall be employed to prevent air pollution resulting from the
dispersal of materials from premises, from stockpiles or from accumulations incidental
to manufacture, handling or storage.
Page 22 of 26
(c) Effective measures shall be applied to prevent air pollution resulting from the
demolition of buildings or equipment, the clearing of land, the preparation of sites for
construction or from the construction of buildings or the installation of equipment.
Section 6: Notice of Violation.
Should a code enforcement officer, building inspector or other authorized person find the
violation of any provision of this regulation to exist, he shall give notice of the violation in
writing to the person responsible, specifying the nature of the violation and a reasonable time
for correcting it. Delivery of the notice may be effected by mail or by personal delivery.
Section 7: Violations.
Any person who shall violate any of the provisions of, or who fails to perform any
duty imposed by, this article shall be punished as prescribed in section 1-1-3 and, in
addition thereto, may be enjoined from continuing the violation. Each day a violation
occurs shall constitute a separate offense
Article 6 Miscellaneous Offenses.
Section 1: Unauthorized persons entering school buildings.
No person shall enter or remain in any public, private or parochial school building between
the hours of 7:30 a.m. and 6:00 p.m. on days that school is in session, or until 10:00 p.m. at
those schools which have extended sessions, who is not a regularly-enrolled student, teacher
or employee at that school, unless the person shall have first and immediately proceeded to
the administrative offices and been identified to the principal or the principal’s agent and
received written permission to remain on the premises.
Section 2: Unauthorized persons not to remain in school buildings when requested to leave.
It shall be unlawful for any person to enter and remain in any public, private or parochial
school or on surrounding school grounds after being directed to leave by the principal of the
school or designated agent.
Section 3: Creating a disturbance at schools.
It shall be unlawful for any person to create a disturbance in any private, public or parochial
school or on the surrounding school grounds or on the fields or grounds lawfully used for
school activities while such recreational areas are in use or other activities within the school
or school activities on the school grounds or fields while such activities are in progress
thereon.
Page 23 of 26
Section 4: Begging and soliciting alms by accosting or forcing oneself upon the company of
another.
(a) Definitions: The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Accosting means approaching or speaking to someone in such a manner as would
cause a reasonable person to fear imminent bodily harm or the commission of a
criminal act upon his/her person, or upon the property in his/her immediate
possession.
Ask, beg or solicit means and includes, without limitation, the spoken, written or
printed word or such other acts as are conducted in furtherance of the purpose of
obtaining alms.
Forcing oneself upon the company of another means continuing to request, beg or
solicit alms from a person after that person has made a negative response, blocking
the passage or the individual addressed or otherwise engaging in conduct which could
reasonably be construed as intended to compel or force a person to accede to
demands.
(b) Exceptions: Except when performed in the manner set forth in subsections (d)(1) or
(d)(2) of this section, or in any of the locations set forth in subsections (c)(1), (c)(2),
(c)(3), (c)(4), (c)(5), (c)(6), (c)(7), (c)(8) or (c)(9) of this section, it shall not be
unlawful to ask, beg or solicit money or other things of value.
(c) Location: It shall be unlawful for any person to solicit money or other things of
value:
(1) On private property if the owner, tenant, or lawful occupant has asked the
person not to solicit on the property, or has posted a sign clearly indicating
that solicitations are not welcome on the property;
(2) Within fifteen (15) feet of the entrance to or exit from any public toilet
facility;
(3) Within fifteen (15) feet of an automatic teller machine, provided that when
an automated teller machine is located within an automated teller machine
facility, such distance shall be measured from the entrance or exit of the
automated teller machine facility;
(4) Within fifteen (15) feet of any pay telephone, provided that when a pay
telephone is located within a telephone booth or other facility, such
distance shall be measured from the entrance or exit of the telephone
booth or facility;
Page 24 of 26
(5) In any public transportation vehicle, or in any bus or subway station, or
within fifteen (15) feet of any bus stop or taxi stand;
(6) From any operator of a motor vehicle that is in traffic on a public street;
provided, however, that this paragraph shall not apply to services rendered
in connection with emergency repairs requested by the owner or
passengers of such vehicle;
(7) Within fifteen (15) feet of any valid vendor location as defined in Chapter
12 of the City Code;
(8) From any person(s) who are waiting in line for entry to any building,
public or private, including, but not limited to, any residence, business or
athletic facility;
(9) Within fifteen (15) feet of the entrance or exit from a building, public or
private, including, but not limited to, any residence, business, or athletic
facility.
(d) Manner: It shall be unlawful for any person to solicit money or other things of value:
(1) By accosting another; or
(2) By forcing oneself upon the company of another.
(e) Who may press charges: Persons who may press charges under this Code section
include not only the victim of the prohibited solicitation, but also any person who
witnesses such conducted, including, but not limited to, police officers, security
officers, hotel personnel, and bystanders. Evidence to support conviction for
violation of this Code section may include, but is not limited to, the testimony of such
witness or witnesses, videotape evidence of the violation, and/or other admissible
evidence.
Section 5: Treasure hunts.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context
clearly indicates a different meaning:
Treasure hunts means advertising campaigns conducted for the purpose of promoting
the sale of any merchandise, commodity or service of any business or profession
conducted for private or corporate gain, whereby some article, thing or token is
hidden within the corporate limits of the city and clues as to the locations of such
article, thing or token are given by any form of advertising, either by newspaper,
radio or television or in any other manner, but shall not include private social parties
involving no element or commerce or gain.
Page 25 of 26
(b) It shall be unlawful for any person to conduct or aid and abet in the conducting of any
treasure hunt as defined in this section, within the corporate limits of the city.
Section 6: Moving household goods at night.
It shall be unlawful for any person to move or transport household goods and furnishings
from one place of residence to another between the hours of sunset and sunrise without first
having obtained a permit to do so from the police chief. All applications for permits shall be
filed more than twenty-four (24) hours prior to the time of actual moving.
Section 7: Residential picketing.
(a) Definitions. The following words, terms and phrases, when used in this section, shall
have the meanings ascribed to them in this subsection, except where the context clearly
indicates a different meaning:
Picket or picketing shall refer to the following types of activity:
(1) To patrol or station oneself at a residence, bearing some insignia or sign
designed to persuade or protest;
(2) Staging a public or private protest of any kind;
(3) Obstructing passage to or from a residence; or
(4) Promoting a strike or a boycott at an individual residence.
(b) It shall be unlawful for any person to picket or engage in picketing upon, before or
about the private residence or home of any individual.
(c) Any person who is found guilty of violating this section shall be penalized as
provided in the General Penalties.
Section 8: False representations to police or any city department.
It shall be unlawful for any person, knowingly and willfully and with intent thereby to
mislead, either in such person’s own behalf or in behalf of others, as principal or as agent, to
make or file orally or in writing any false representations of fact to any police officer of the
city or to any department of the city government.
Section 9: Day Labor Prohibitions.
It shall be unlawful for any person to:
(a) pick up or hire day laborers on private property without the permission of the
property owner; or
Page 26 of 26
(b) assemble on private property for the purpose of soliciting work as a day laborer
without the permission of the property owner and after having been directed to cease
such action by the property owner or other lawful authority.
Section 10: Fines and Punishment
Except as otherwise provided for herein, any person found guilty of violating any provision
of this Article shall be punished in a manner consistent with Chapter 1, General Provisions,
Article 3, Violations, Section 1 of this Code of Ordinances.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: October 24, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of a Resolution to Ratify the Actions of the Governor’s Commission
City Attorney Recommendation:
Adopt the attached resolution ratifying the actions of the Governor’s Commission. This item
was presented this agenda item during the October 24, 2006 Governor’s Commission Meeting.
Background:
The Governor’s Commission passed ten resolutions during its tenure. These included the
appointment of interim staff with recommendation that they be retained on a permanent basis,
the recommendation of CH2M-Hill as service provider, authorized the then-Interim City Manager
and Attorney to negotiate intergovernmental agreements with Fulton County for water, sewer,
fire, police, 911, animal control and other necessary services, authorized the then-Interim City
Manager to negotiate franchise fee agreements with refuse service companies, and to initiate
requests for proposal for external auditing and banking services, and to begin discussions with
financial institutions and legal counsel on the issuance of a Tax Anticipation Note.
Discussion:
The agenda includes separate resolutions appointing the staff and ratifying the services contract
with CH2M-Hill. Accordingly, this resolution may actually be redundant in regard to those
resolutions. However, as of this writing, the IGA’s have yet to be concluded and resolution of
the other issues remains with the City Manager to complete. It is probably simplest to just ratify
the actions of the commission. A report containing the Commission’s resolutions and executive
summary is attached.
Alternatives:
N/A
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
Page 1 of 1
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ____
A RESOLUTION TO ACCEPT THE REPORT AND
RATIFY THE RECOMMENDATIONS OF
THE GOVERNOR’S COMMISSION
The Council of the City of Milton hereby resolves while in special session on the 14th day of
November, 2006 at _____ pm.:
SECTION 1. That the Report of the Governor’s Commission is hereby accepted; and,
SECTION 2. That the recommendations of the Governor’s Commission are hereby
accepted and ratified as actions by the City Council effective November 14, 2006 and,
SECTION 3. That this Resolution shall become effective upon its adoption.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this ____ day of November,
2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-01
It is hereby resolved by the City of Milton Interim Government Commission that
Aaron Bovos is appointed as Interim City Manager and the Commission does hereby
recommend to the Mayor and City Council that he be appointed City Manager once the
Council is seated.
FOR THE COMMISSION:
Ronald Wallace, Chairman
This 29'1' day of August, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-02
It is hereby resolved by the City of Milton Interim Government Commission that
the Commission will enter into formal negotiations with CH2M Hill -OMI for the
provision of a municipal services contract for the City of Milton.
FOR THE COMMISSION:
Ronald Wallace, Chairman
This 29"' day of August, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-03
It is hereby resolved by the City of Milton Interim Government Commission that
the Commission hereby delegates to Interim City Manager Aaron Bovos the authority to
initiate a Request for Proposal for banking services for the City of Milton.
FOR THE COMMISSION:
I k2 -
Ronald Wallace, Chairman
This 29th day of August, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-04
It is Hereby resolved by the City of Milton Interim Government Commission that
the Commission hereby delegates to Interim City Manager Aaron Bovos the authority to
initiate a Request for Proposal for external auditing services as required by Georgia State
Law.
FOR THE COMMISSION:
K:�2'-CA k " ) --e e,
na d Wallace, Chainnan
This 29`s day of August, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-05
It is hereby resoled by the City of Milton Interim Government Commission that
the Commission hereby delegates to Interim City Manager Aaron Bovos the authority to
begin discussions with financial institutions and legal counsel on the issuance of a Tax
Anticipation Note, providing a funding mechanism for the operation of the City of Milton
beginning on or about December 1, 2006
FOR THE COMMISSION:
Ronald Wallace, Chairman
This 29`h day of August, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-06
It is hereby resolved by the City of Milton Interim Government Commission that
the Commission hereby authorizes Commission Attorney Mark E. Scott and Interim City
Manager Aaron Bovos to negotiate on behalf of the commission, intergovernmental
agreements with Fulton County for water, sewer, fire, police, 411, animal control and
other necessary services within the City of Milton.
FOE COMMISSION:
ona d Wallace, Chairman
This 12th day of September, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-07
It is hereby resolved by the City of Milton Interim Government Commission that
the Commission hereby delegates to Interim City Manager Aaron Bovos the authority to
negotiate franchise fee agreements with refuse service companies operating within the
City of Milton.
FOR THE COMMISSION:
Ronald Wallace, Chairman
This 12th day of September, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-08
It is hereby resolved by the City of Milton Interim Government Commission that Jeanette
Marchiafava is hereby appointed Interim City Cleric and the Commission does hereby
recommend to the Mayor and City Council that she be appointed City Clerk once the
Council is seated.
,FO:TII,E COMMISSION:
c4L—el
Ronald Wallace, Chairman
This 10"' day of October, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-09
It is hereby resolved by the City of Milton Interim Government Commission that Carol
Wolfe is hereby appointed Interim City Treasurer and the Commission does hereby
recommend to the Mayor and City Council that she be appointed City Treasurer once the
Council is seated.
FOR THE COMMISSION:
(::�a2�:a �,
Ronald Wallace, Chairman
This 10`x' day of October, 2006
CITY OF MILTON INTERIM GOVERNMENT COMMISSION
RESOLUTION 2006-10
It is hereby resolved by the City of Milton Interim Government Commission that Marls E.
Scott, Esquire is hereby appointed Interim City Attorney and the Commission does
hereby recommend to the Mayor and City Council that he be appointed City Attorney
once the Council is seated.
FOR THE COMMISSION:
Ronald Wallace, Chairman
This 10'x' day of October, 2006
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Mayor and City Council Members, City of Milton
From: Governor’s Commission for the City of Milton
Date: November 14, 2006
Re: Final Report and Recommendations of Commission
The Governor’s Commission for the City of Milton is pleased to present our final report to
the Mayor and Council of the City of Milton and to congratulate you on your election.
Throughout our tenure, it has been our consistent goal and mission to provide you with
the means to have as close to a turn-key start to the new City as possible.
Attached to this report are the resolutions that we have passed which reflect the actions
we have taken and the specific recommendations we are making regarding actions which we
recommend that you take starting with your first meeting.
We are perhaps most pleased with our first resolution, 2006-01 and the results thereof,
the appointment of Aaron J. Bovos as Interim City Manager. You are certainly all aware of the
outstanding quality and volume of work and time which he has contributed in this capacity. We
urge you, as one of your first actions, to make his appointment permanent by acclamation.
We feel equally strongly about our second resolution, 2006-02 the recommendation that
the City retain CH2M-Hill OMI as city services provider, and urge the ratification of their contract
as another action to be taken at your first meeting.
Resolutions 2006-03 through 2006-07 delegate to the City Manager and City Attorney
the authority to enter into negotiations for needed services. Some, if not all of these
negotiations are ongoing, and we accordingly request that you ratify these Resolutions in order
to ensure the provision of these services.
Resolutions 2006-08 through 2006-10 appoint the City Clerk, City Treasurer and City
Attorney on an interim basis and recommend that you ratify these appointments as permanent
once you are seated. These individuals have already performed extensive services for the City
and the Commission in advance of your election and inauguration, some on a volunteer basis
and at the expense of great amounts of professional and personal time. We strongly urge the
ratification of these staff recommendations.
We are proud to have served as members of the Governor’s Commission for the City of
Milton and earnestly hope that we have assisted you and our entire community in an orderly
transition from unincorporated status to a vibrant and effective City Government.
Ronald G. Wallace, Chairman
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Jeanette Marchiafava, City Clerk/Clerk of Court
Date: October 24, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: A Resolution to Approve the City Seal
CMO (City Manager’s Office) Recommendation:
Approve the Resolution adopting the City Seal for the City of Milton, Georgia.
Background:
The City Seal is the official emblem of the City of Milton, Georgia.
Discussion:
The City Seal is used to identify the City of Milton on all official documents and papers. The
City Clerk shall be the custodian of the City Seal.
Alternatives:
Choose another official emblem as the City Seal.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
Page 1 of 1
STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION NO. ____
A RESOLUTION TO APPROVE THE CITY SEAL
The Council of the City of Milton hereby resolves while in special session on the 14th day of
November, 2006 at 6:00 pm.:
SECTION 1. That the City Seal is hereby approved as attached hereto; and,
SECTION 2. That this approval be effective November 14, 2006.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this ____ day of November,
2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
Page 1 of 1
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
Page 1 of 1
To: Honorable Mayor and City Council Members
From: Mark E. Scott, City Attorney
Date: October 20, 2006 for Submission onto the November 14, 2006 City Council
Meeting
Agenda Item: Approval of Resolution Appointing Legal Organ
City Attorney Recommendation:
Adopt the attached resolution appointing the legal organ of the City of Milton as the Milton
Herald. This item was presented this agenda item during the October 24, 2006 Governor’s
Commission Meeting.
Background:
Georgia statute requires that the City designate a legal organ or official newspaper of record in
which official notices of action to be taken by the City Council are published.
Discussion:
Appen Newspapers, publishers of the Alpharetta-Roswell Review and News, the Forsyth Herald
and the Johns Creek Herald, provide comprehensive weekly coverage of local news, and have
created the new Milton Herald edition to provide coverage of our new city. We should support
this local company which supported the effort to incorporate the City of Milton and designate the
Milton Herald as the legal organ of the City of Milton.
Alternatives:
Appoint another newspaper as legal organ.
Concurrent Review:
Aaron J. Bovos, CGFM, CTP, City Manager
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STATE OF GEORGIA
COUNTY OF FULTON RESOLUTION # ____
A RESOLUTION TO DESIGNATE MILTON HERALD AS THE NEWSPAPER
FOR OFFICIAL PUBLICATION AND NOTICES (LEGAL ORGAN)
The Council of the City of Milton hereby resolves while in special session on the 14th day of
November, 2006 at 6:00 pm.:
SECTION 1. That the Milton Herald is hereby designated as the newspaper for official
publications and notices (Legal Organ).
SECTION 2. That the Milton Herald is a weekly publication that is free to most residents
of the City of Milton and can be purchased by all others for a moderate fee at select
locations.
SECTION 3. That this Resolution shall become effective upon its adoption.
RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 14th day of November,
2006.
Approved:
____________________________
Mayor
Attest:
_____________________________
City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
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To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: October 23, 2006 For Submission onto the November 14, 2006 City Council Meeting
Agenda Item: A Resolution Establishing the Deployment of Operational Services by the City of Milton
CMO (City Manager’s Office) Recommendation:
Approve the attached resolution establishing the deployment of operational services by the City of Milton
and Directing the City Manager to Formally Notify Fulton County of Such Schedule, and for other
purposes.
Background:
Section 7.16 of the City’s Charter (House Bill 1470) defines the transition period for the creation of the
City as December 1, 2006 through November 30, 2008. This twenty-four (24) month transition period is
intended to provide the City with a sufficient amount of time to provide municipal services. Further, this
section of the charter reads as follows:
During such transition period, Fulton County shall continue to provide within the territorial limits of
Milton all government services and functions which Fulton County provided in that area during 2005
and at the same actual cost, except to the extent otherwise provided in this section; provided,
however, that upon at least 30 dayś prior written notice to Fulton County by the City of Milton,
responsibility for any such service or function shall be transferred to the City of Milton. Beginning
December 1, 2006, the City of Milton shall collect taxes, fees, assessments, fines and forfeitures, and
other moneys within the territorial limits of Milton in the same manner as authorized immediately
prior to the effective date of this section; provided, however, that upon at least 30 dayś prior written
notice to Fulton County by the City of Milton, the authority to collect any tax, fee, assessment, fine
or forfeiture, or other moneys shall remain with Fulton County after December 1, 2006, until such
time as Fulton County receives subsequent notice from the City of Milton that such authority shall
be transferred to the City of Milton.
Discussion:
The attached resolution outlines the staff recommended deployment of municipal services. Specifically,
they are discussed as follows:
Finance – November 14, 2006. The Finance function includes the traditional
finance/accounting/budgeting functions, including revenue administration. This function allows the City
to become financially independent of the County immediately, as well as provide the internal support
functions necessary to deploy any other municipal service.
Human Resources, Information Technology, Geographic Information Systems, City Clerk, Municipal
Court for non-public safety code infractions, Communications, Administration, and Operations –
November 14, 2006. The majority of functions are traditionally viewed as “internal support” operations
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
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of the government. Through partial deployment of each of these functions on December 1, it allows the
organizational structure to develop. Non-support functions include Municipal Court, which will become
operational for code infractions relating to non-public safety violations. Public Safety violations will
remain at Fulton County until the Public Safety functions are assumed.
Community Development – December 22, 2006. This department performs the regulatory and oversight
functions for planning, zoning, permitting, inspections, and land use. Because of an anticipated back-log
in building permits, we are working through ways in which builders and developers will not have to wait
for permits.
Public Works – January 1, 2007. At the recommendation of Fulton County, the City will be assuming the
public works responsibilities on January 1, 2007. This responsibility includes maintenance of public
transportation routes, transportation planning, capital projects, right-of-way maintenance, and public
facilities maintenance.
Public Safety – on or about May 1, 2007 after formal notice confirming this date is provided to the
County. Public safety includes the functions of police, fire, municipal court for public safety violations
and tickets issued from Milton Police Officers, and the housing of inmates detained by the Milton Police.
Although this deployment is much quicker than originally anticipated, it has become essential due to the
cost savings and available services of the City performing this function.
Recreation and Parks – January 1, 2007. This includes the maintenance of existing facilities and the
oversight and administration of youth association agreements, programs, and services. The assumption of
these services on January 1 does not include Providence Park.
Alternatives:
The only alternatives that exist for the City is to delay deployment of one or more of the functions
detailed above. To date, the budget has mirrored the deployment outlined above.
Concurrent Review:
Carol Wolfe, CGFM, SPHR, City Treasurer and Director of Operations
Jeanette Marchiafava, City Clerk and Municipal Court Clerk
Rick Hirsekorn, Vice President, CH2M Hill
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RESOLUTION NO. _______________
STATE OF GEORGIA
COUNTY OF FULTON
A RESOLUTION ESTABLISHING THE DEPLOYMENT OF OPERATIONAL SERVICES BY
THE CITY OF MILTON AND DIRECTING THE CITY MANAGER TO FORMALLY NOTIFY
FULTON COUNTY OF SUCH SCHEDULE; AND FOR OTHER PURPOSES
WHEREAS, the City of Milton was created by House Bill 1470, passed in the Georgia General
Assembly during the 2006 session and subsequently confirmed by referendum; and
WHEREAS, as part of House Bill 1470, the City is required to give a thirty (30) day notice to Fulton
County on the deployment of services with the exception of Community Development operations; and
WHEREAS, City staff in conjunction with CH2M Hill have been working diligently to have Milton
operational as quickly as possible; and
WHEREAS, the following schedule outlines the recommended deployment of municipal operations by
the City:
1. Finance, including collection of all available taxes, charges for service, licenses and permits,
grants, intergovernmental revenues, donations and contributions, fines and forfeitures not relating
to public safety violations, and any other revenues available to a municipal government –
December 1, 2006;
2. Human Resources, Information Technology, Geographic Information Systems, City Clerk,
Municipal Court for non-public safety code infractions, Communications, Administration, and
Operations – December 1, 2006;
3. Community Development including planning, zoning, permitting, inspections, and land use –
December 22, 2006;
4. Public Works including maintenance of public transportation routes, transportation planning,
capital projects, right-of-way maintenance, and public facilities maintenance – January 1, 2007;
5. Public Safety including police and fire operations, municipal court for public safety violations,
and the housing of inmates detained by the City of Milton personnel – on or about May 1, 2007
and after a thirty (30) day notice confirming the start date is provided to the County; and
6. Recreation and Parks (excluding Providence Park) including facility maintenance, administration
of youth association agreements, and programs and services – January 1, 2007.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL.
By passage of this resolution, the City of Milton Mayor and City Council support the deployment of
municipal services and operations as outlined above. Further, the Mayor and City Council authorize the
City Manager to file a formal notification to Fulton County on the deployment of municipal services by
the City of Milton. This resolution shall be effective immediately upon its adoption.
RESOLVED this 14th day of November, 2006.
Approved:
____________________________
Mayor
Attest:
___________________________
City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
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To: Honorable Mayor and City Council Members
From: Aaron J. Bovos, City Manager
Date: October 23, 2006 for Submission onto the November 14, 2006 City Council Meeting
Agenda Item: A Resolution Directing the City Manager to Formally Request the Georgia Department of
Revenue Certify the City of Milton as a Qualified Municipality and to Begin Distribution of Local Option
Sales Tax Proceeds; and for Other Purposes.
CMO (City Manager’s Office) Recommendation:
Approve the attached resolution directing the City Manager to formally request the Georgia Department
of Revenue certify the City of Milton as a Qualified Municipality and to Begin Distribution of Local
Option Sales Tax Proceeds.
Background:
A significant revenue source for the City is Local Option Sales Tax. This tax is collected at the point of
sale throughout Fulton County and distributed to the municipalities based upon an agreement filed with
the Georgia Department of Revenue every ten (10) years. Newly created governments were previously
unable to receive this revenue outside the ten year distribution agreement until the passing of House Bill
36 in the 2005 legislative session of the Georgia General Assembly. This revenue is administered state-
wide by the Georgia Department of Revenue.
Discussion:
Pursuant to O.C.G.A. 48-8-80, the City must qualify for distribution of LOST revenue. Such
qualification occurs in the city providing three of six services outlined within this code section. They are
as follows:
WATER/WASTEWATER (sewer): Fulton County currently owns the water production and distribution
system north of the Chattahoochee River. As a result, the City will enter into an agreement allowing
Fulton County to remain within the City’s rights of way and to maintain the production and distribution to
serve Milton constituents.
GARBAGE: The City has taken the initial approach to provide an open and competitive market for solid
waste providers. This service will be regulated through a non-exclusive ordinance, similar to a franchise,
whereby providers must maintain a minimum level of service to constituents throughout the City. This
ordinance requires service providers to register with the City, provide information on the recyclables and
non-recyclables, as well as provide insurance information.
POLICE PROTECTION: House Bill 1470 requires Fulton County to provide services at 2005 costs
through the twenty four (24) month transition period. Such transition period is defined as December 1,
2006 through November 30, 2008. As a result, a default intergovernmental agreement exists through this
House Bill. Fulton County will provide the service, and the City will provide reimbursement for such
services.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
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FIRE PROTECTION: House Bill 1470 requires Fulton County to provide services at 2005 costs through
the twenty four (24) month transition period. Such transition period is defined as December 1, 2006
through November 30, 2008. As a result, a default intergovernmental agreement exists through this
House Bill. Fulton County will provide the service, and the City will provide reimbursement for such
services.
The attached resolution outlines qualification through garbage, police protection, and fire protection.
Through certification to the Georgia Department of Revenue, a determination will be made as to the
status of the City to receive tax distribution. Additionally, the resolution requests the GDOR to send
letters beginning their process on or before November 30, 2006.
Alternatives:
None recommended by staff.
Concurrent Review:
Carol Wolfe, CGFM, SPHR, City Treasurer and Director of Operations
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STATE OF GEORGIA RESOLUTION NO. _______________
COUNTY OF FULTON
A RESOLUTION DIRECTING THE CITY MANAGER TO FORMALLY REQUEST THE
GEORGIA DEPARTMENT OF REVENUE CERTIFY THE CITY OF MILTON AS A
QUALIFIED MUNICIPALITY AND TO BEGIN DISTRIBUTION OF
LOCAL OPTION SALES TAX PROCEEDS; AND FOR OTHER PURPOSES
WHEREAS, the City of Milton was created by House Bill 1470, passed in the Georgia General
Assembly during the 2006 session; and
WHEREAS, the voters of Milton unanimously passed the referendum creating the City; and
WHEREAS, as part of House Bill 36 passed during the 2005 session of the Georgia Assembly, an
amendment was made to Article 2, Chapter 8, of Title 48 of the Official Code Of Georgia Annotated; and
WHEREAS, the City is able to qualify for Local Option Sales Tax by providing the following services as
required by O.C.G.A. 48-8-80:
Water – required through House Bill 1470 to be provided by the County until the termination of
the transition period (November 30, 2008). Fulton County currently owns the water production and
distribution system north of the Chattahoochee River. As a result, the City will enter into an
agreement allowing Fulton County to remain within the City’s rights of way and to maintain the
production and distribution to serve Milton constituents;
Sewage – required through House Bill 1470 to be provided by the County until the termination of
the transition period (November 30, 2008). Fulton County currently owns the water production and
distribution system north of the Chattahoochee River. As a result, the City will enter into an
agreement allowing Fulton County to remain within the City’s rights of way and to maintain the
production and distribution to serve Milton constituents;
Garbage collection – provided by the City of Milton through a non-exclusive ordinance
regulating solid waste providers; The City has taken the initial approach to provide an open and
competitive market for solid waste providers. This service will be regulated through a non-
exclusive ordinance, similar to a franchise, whereby providers must maintain a minimum level of
service to constituents throughout the City. This ordinance requires service providers to register
with the City, provide information on the recyclables and non-recyclables, as well as provide
insurance information;
Police protection – required through House Bill 1470 to be provided by the County until the
termination of the transition period (November 30, 2008). Fulton County to provide services at 2005
costs through the twenty four (24) month transition period. Such transition period is defined as
December 1, 2006 through November 30, 2008. As a result, a default intergovernmental
agreement exists through this House Bill. Fulton County will provide the service, and the City
will provide reimbursement for such services; and
Fire protection - required through House Bill 1470 to be provided by the County until the
termination of the transition period (November 30, 2008). Fulton County is to provide services at
2005 costs through the twenty four (24) month transition period. Such transition period is
defined as December 1, 2006 through November 30, 2008. As a result, a default
intergovernmental agreement exists through this House Bill. Fulton County will provide the
service, and the City will provide reimbursement for such services.
NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON,
GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL.
By passage of this resolution, the City of Milton Mayor and City Council authorize the City Manager to
file a formal application with the Georgia Department of Revenue for distribution of local option sales tax
proceeds. The City further requests that such notice as required by O.C.G.A. 48-8-89.1, Subsection F,
whereby the Georgia Department of Revenue notifies the municipalities of Fulton County, and Fulton
County itself of the City of Milton’s existence and qualification for local option sales tax distribution
occur prior to November 30, 2006.
This resolution shall be effective immediately upon its adoption.
RESOLVED this 14th day of November, 2006.
Approved:
____________________________
Mayor
Attest:
___________________________
Jeanette R. Marchiafava, City Clerk
(Seal)
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
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To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, City Treasurer/Director of Operations
Date: November 21, 2006 City Council Meeting
Agenda Item: Approval of a Resolution Authorizing Membership in the Georgia Interlocal
Risk Management Agency
CMO (City Manager’s Office) Recommendation:
Adopt the attached resolution authorizing membership in the Georgia Interlocal Risk
Management Agency (GIRMA) and direct staff to execute the contract to bind property and
casualty coverage for the City of Milton employees, facilities, and other assets.
Background:
As any entity, the City of Milton has inherent risks in conducting business operations, employing
personnel and in owning assets. In order to mitigate these risks, insurance coverage must be
procured to cover general liability, property and vehicle damage, and elected official, law
enforcement and employee liability. Because vendors are required and contractually bound to
carry the appropriate insurance for City-related activities, the procured coverage discussed in
this agenda item and attached resolution applies only to City-owned property and employees
paid by the City.
Discussion:
An effort was made in contacting several insurance brokers/firms in order to compare coverage
quotes and services. Due to the timeframe in which the City has to bind coverage combined
with the unique underwriting circumstances, only one vendor was able to provide a proposal for
coverage.
The Georgia Interlocal Risk Management Agency (GIRMA) is an affiliate agency of the Georgia
Municipal Association and was established in 1987 as an entity to provide municipalities and
opportunity to participate in a risk-sharing self-insurance fund. Currently, GIRMA is the largest
insurer of Georgia municipalities with 350 members and over $30,000,000 in contribution
volume. Member contributions are pooled to pay for and provide insurance, claim defense,
claim losses, safety and loss control, and administrative expenses. GIRMA is governed by a
nine-member board of trustees who monitor the established policies and procedures and ensure
member involvement in risk management decisions.
The staff recommendation is to enter into a contract with GIRMA for the City’s insurance
coverage. The required contract period is two years, which will facilitate coverage for the City
as business operations are put into place as well as give the City a period to establish claims
history for future insurance pricing. GIRMA will also provide a six month window for the City to
make full payment for insurance coverage.
City of Milton
115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346
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Services provided to the City by GIRMA
Insurance Coverage
General Liability $35,579
Automobile Liability & Damage $35,779
Property $ 3,958
Boiler & Machinery $ 582
Public Official’s Liability $54,672
Law Enforcement Liability (May deployment $ 7,606
Fidelity Coverage, including bonds $ 439
Worker’s Compensation $ 2,041
Total Annual Premium $140,656
Services provided by GIRMA as part of the insurance package include:
• Claims management
• Litigation management
• Legal consultation prior to decisions regarding employment issues
• Account services, such as issuance of certificates, auto ID cards, web access to account
management,
• Loss control consultation and prevention program design
• Training opportunities, such as public safety driver training program
• Materials library for research and communication of safety and loss issues
• Access to safety grant program
• Administration support
Alternatives:
Due to the unique circumstances in time frame and lack of loss history, there are currently no
vendor alternatives. Staff anticipates issuing a competitive bid for insurance coverage upon
expiration of the GIRMA contract. At that time, City operations will be established and loss
history will be evident, which will create a more conducive set of circumstances in order for the
market to compete for the City’s insurance business.
Concurrent Review:
Aaron Bovos, CGFM, CTP, City Manager
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A RESOLUTION AUTHORIZING MEMBERSHIP IN THE
GEORGIA INTERLOCAL RISK MANAGEMENT AGENCY
_____________________________________________________________________________________
WHEREAS, Article 9, Section 3, Paragraph 1 of the Constitution of Georgia authorizes municipalities and other political
subdivisions to contract with each other for activities which the contracting parties are authorized by law to undertake; and,
WHEREAS, Chapter 85 of Title 36 of the Official Code of Georgia Annotated authorizes public entity to execute
intergovernmental contracts to form and become members of an interlocal risk management agency for the purpose of sharing
liability, motor vehicle and property damage risks in whole or in part with those of other public entities; and,
WHEREAS, municipalities within Georgia have found it increasingly difficult to obtain commercial insurance protection, and
have found the costs of such protection often exceeds the ability of a public entity to pay; and,
WHEREAS, public entities in Georgia need a stable method for managing their risks to avoid the unpredictable and cyclical
nature of the commercial insurance market; and,
WHEREAS, many Georgia public entities do not have sufficient resources to self-insure their risks on an individual basis; and,
WHEREAS, the Georgia Municipal Association has studied the possibility of creating an intergovernmental risk management
agency so that Georgia public entities may self-insure their risks and has concluded that such an agency is economically
feasible; and,
WHEREAS, the City of Milton, Georgia is desirous of becoming a Member of the Georgia Interlocal Risk Management Agency
(hereafter GIRMA), an interlocal risk management agency formed pursuant to Chapter 85 of Title 36 of the Official Code of
Georgia Annotated; and,
WHEREAS, the governing authority of the City of Milton, Georgia has reviewed the intergovernmental contract and the bylaws
of GIRMA and finds that the goals of GIRMA and the obligations imposed upon this public entity are in accordance with the
philosophy and public policy objectives of this community; and;
WHEREAS, the governing authority of the City of Milton, Georgia finds that it is in the best interest of its citizens to become a
member of GIRMA,
NOT, THEREFORE BE IT RESOLVED by the Public Officials of the City of Milton, Georgia:
Section 1: That the City Manager of the City of Milton, Georgia is authorized to execute on behalf of the Public Entity
the intergovernmental contract to become a Member of GIRMA. A copy of the contract and bylaws of
GIRMA are attached to and made part of this resolution as Appendix 1.
Section 2: The powers of GIRMA, unless the contract and bylaws are amended, shall be limited to those contained in
the documents attached as Appendix 1, those authorized by Chapter 85 of Title 36 of the Official Code of
Georgia Annotated and the rules and regulations of the Insurance Commissioner of the State of Georgia.
Section 3: The commencement of operations and the continuing operations of GIRMA and the obligation of this
Public Entity to fully participate in such operations shall be effectuated in accordance with the contract and
bylaws.
Section 4: The City Treasurer is designated as ’s representative to GIRMA. The Public Entity may change its
representative by informing GIRMA of the change in writing.
Section 5: This resolution shall be effective upon its passage and approval.
Adopted this __________ day of _______________ of 20_____.
____________________________________________________
(Name of Public Entity)
____________________________________________________
(Mayor or Executive Director)
_____________________________________________________
Witness/title
(Imprint Entity Seal)