HomeMy WebLinkAboutORDINANCE NO. 06-11-07m
ORDINANCE NO. 06-11-07
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 21" day of
November, 2006 at 4:30 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. That this Ordinance shall become effective on December 1, 2006.
ORDAINED this the 21" day of November, 2006.
Attest:
Ugmiette R. Marchiafava, City Clerk
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Approved:
Joe Lockwod, or
Chanter 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.
qw� County: the word "county" shall mean Fulton County, Georgia
lft,�A 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
s..,. 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
Now 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 o 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 (teal 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.
vw" (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 o 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;
0) Any ordinance dedicating or accepting any plat or subdivision in the city;
(k) Any ordinance establishing or changing the boundary of the city;
(1) 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
no-" 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
40" provisions contained within this Code.
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