HomeMy WebLinkAboutORDINANCE NO. 06-11-60ORDINANCE NO. 06-11-60
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 15, HEALTH AND PUBLIC
SAFETY ORDINANCE 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 15 (HEALTH AND PUBLIC SAFETY)
AS ATTACHED HERETO AND INCORPORATED HEREIN
The Council of the City of Milton hereby ordains while in special session on the 30th day of
November, 2006 at a.m. as follows:
SECTION 1. That the Health and Public Safety Ordinance 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 15 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 30th day of November, 2006.
Approved:
Joe Lo wood ayor
Attest:
V.-IRE�Marchkiafavha, City Clerk
Chapter 15: Health and Public Safety
Article 1: Overall Purpose
The purpose of this chapter is to provide for the health and safety of the citizens of the
City of Milton.
Article 2: Emergency Management Services
Section 1: Purpose
The purposes of this section are to:
(a) Reduce vulnerability of people and the community to damage, injury and loss of life
(b) and property resulting from natural or manmade catastrophes, riots or hostile
military or paramilitary action.
(c) Prepare for prompt and efficient rescue, care and treatment of persons victimized or
threatened by disaster.
(d) Provide a setting conducive to the rapid and orderly start of restoration and
a^ rehabilitation of persons and property affected by disasters.
taw (e) Clarify and strengthen the roles of the mayor, city council, city manager and city
departments in prevention of, preparation for, response to and recovery from
disasters.
(f) Authorize and provide for cooperation of activities relating to disaster prevention,
preparedness, response and recovery.
(g) Authorize and provide for coordination of activities relating to disaster prevention,
preparedness, response and recovery by departments and officers of the city,
agencies of the private sector and similar activities in which the federal government,
the state and its political subdivisions may participate.
(h) Provide a disaster management system embodying all aspects of pre -disaster
(i) preparedness and post -disaster response.
Section 2: Emergency Defined
As used in this Article, " emergency" shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the city
caused by such conditions as air pollution, disease, fire, flood, storm, epidemic, riot, or
rwo
earthquake, or other conditions, including conditions resulting from war or the imminent threat
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.w-. of war. Such term shall not include conditions resulting from a labor controversy, which
conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and
facilities of the city, requiring the combined forces of other political subdivisions to combat.
Section 3: Director of Emergency Manggement Services.
The director of emergency management services shall be the City's Director of Public
Safety. The director's duties shall be as follows:
(a) to represent the city on all matters pertaining to emergency management;
(b) to coordinate the development of community -wide emergency preparedness;
(c) to develop an emergency and disaster operations plan for effective mobilization of all
the resources of the city, both private and public;
(d) to prepare and recommend for approval by the city council mutual aid programs and
agreements between other local governments and the city;
(e) to prepare and effectuate legal action for continuity of government in the event of
emergency;
(f) to coordinate and advise government departments in development and
implementation of the emergency and disaster operations plan and other required
agencies or groups;
(g) during periods of emergency to obtain vital supplies and equipment lacking, needed
*MWO for the protection of life and property of people and bind the city for the value thereof
and if required immediately, requisition same.
IN" (h) to procure federal and state assistance through emergency management channels and
through federal assistance programs in such areas as law enforcement, highway
safety, ambulance procurement, or emergency medical services and others.
In addition to the above duties, the director of emergency management services shall be
responsible during an emergency to advise the city manager and mayor in operational situations,
public information and privileged information implementation of the emergency plan, to direct
and coordinate the activities of the emergency operation center staff, and to assist the city
manager and mayor in assuring the execution of operations plans and procedures required by the
emergency.
Section 4: Disaster Plan.
The director shall prepare a comprehensive disaster basic plan which shall be adopted and
maintained by resolution of the council upon the recommendations of the director. Incorporated
into such plan and expressly made a part thereof, shall be a crisis communications plan. In the
preparation of this plan as it pertains to city organization, it is the intent that the services,
equipment, facilities and personnel of all existing departments and agencies be used to the fullest
extent. The disaster plan shall be considered supplementary to this ordinance and have the effect
of law whenever emergencies have been proclaimed.
State law Reference O.C.G.A. § 49-5-233
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Section 5: Emergency; Special Powers.
In the event of man-made or natural disaster, mass electrical failure, rioting, actual enemy
attack upon the United States or any other emergency which may affect the lives and property,
the mayor may declare that a state of emergency exists by written proclamation setting out the
circumstances of the emergency and thereafter the city manager, or in his/her absence, the city
treasurer, shall have and may exercise for any period as this state of emergency exists or
continues, the following emergency powers:
(a) to enforce all rules, laws and regulations relating to emergency management and to
assume direct operational control over all emergency management resources;
(b) to seize, take for temporary use, or condemn any property for the protection of the
public;
(c) to sell, lend, give or distribute all or any property or supplies among the inhabitants of
the city; to maintain a strict accounting of property or supplies distributed and for
funds received for the property or supplies;
(d) to declare a limited or general curfew as may be needed to restore public order;
(e) ordering the closing of any business;
(f) closing to public access any public building, street or other public place;
(g) to prohibit or regulate the possession, sale or use of explosives, gasoline or other
flammable liquids, firearms, ammunition, or dangerous weapons of any kind; and
(h) to perform and exercise any other functions and duties and take any emergency
actions as may be necessary to promote and secure the safety, protection and well
being of the inhabitants of the city.
Section 6: Mutual Aid.
In periods of local emergency, the city is granted full power to provide mutual aid to any
affected area in accordance with local laws, ordinances, resolutions, emergency plans or
agreements therefor. The city may request from state agencies mutual aid, including personnel,
equipment and other available resources to assist the city during the local emergency plans or at
the directions of the governor.
Section 7: Civil Liabilities.
(a) The city shall not be liable for any claim based upon the exercise or performance, or
the failure to exercise or perform, a discretionary function or duty on the part of the
city or any employee of the city excepting willful misconduct, gross negligence or
bad faith of any such employee, in carrying out emergency services as defined in
Section 2 above.
(b) The immunities from liability, exemptions from laws, ordinances and rules, all
pensions, relief, disability workers' compensation and other benefits which apply to
the activity of officers, agents or employees of the city when performing their
respective functions within the territorial limits of the city shall apply to them to the
same degree and extent while engaged in the performance of any of their functions
and duties extra territorially under the provisions of this chapter, excepting willful
misconduct, gross negligence, or bad faith.
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,pp.% (c) Volunteers duly enrolled or registered with the city in a local emergency, a state of
emergency, or a war emergency, or unregistered persons placed into service during a
state of war emergency, in carrying out, complying with, or attempting to comply
Now with any order or regulation issued pursuant to the provisions of this chapter or
performing any of their authorized functions or duties or training for the
performance of their authorized functions or duties, shall have the same degree of
responsibility for their actions and enjoy the same immunities as officers and
employees of the city performing similar work.
Article 3: Fire Code
Section 1: Fire Chief and Fire Marshall
The City Manager shall appoint the Fire Chief and the Fire Marshal.
Section 2: Fire Prevention duties.
(a) The fire prevention code shall be enforced by personnel in the city fire department,
which is established and which shall be operated under the supervision of the fire
chief.
(b) The fire chief may detail members of the fire department as inspectors. If necessary
pow these inspectors may be reassigned to the fire fighting force at the discretion of the
fire chief.
Section 3: Fire limits of city; storage of gMlosives, flammable liquids and liquefied petroleum
gases.
Districts within the city where storage of explosives, flammable liquids or liquefied
petroleum gases are restricted or permitted under the fire prevention code shall be legally
described in a map entitled City of Milton Fire District.
Maps shall be maintained in the office of the city clerk, for inspection by the public.
Section 4: Modifications
The fire chief or fire marshal shall have power to modify any of the provisions of the fire
prevention code upon application in writing by the owner or lessee, or a duly authorized agent,
when there are serious difficulties in carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and substantial justice done. The
particulars of such modification, when granted or allowed, and the decision of the fire chief or
fire marshal thereon shall be entered upon the records of the fire department and a signed copy
shall be furnished to the applicant.
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Section 5: Appeals
a. Any person aggrieved by an action of the fire chief, the fire marshal or other city
official or employee of the City of Milton fire department, including but not limited
to disapproval of an application, refusal to grant a permit, a determination that the fire
code or city ordinances does not apply or has been misconstrued, but excluding those
actions or violations which are within the purview of the state fire marshal or code
violations which are subject to the jurisdiction of municipal, state or federal court,
may appeal and be heard by the city's construction board of appeals.
b. All appears, pursuant to this section, must be filed in writing with the City of Milton
public works department within thirty (30) days from the date of the decision or
action from which the aggrieved party appeals. All appeals must be filed on forms
which can be obtained at the City of Milton public works department.
c. Any person aggrieved by an action of the city board of appeals for construction may
appeal within thirty (30) days to the Superior Court of Fulton County, Georgia by
writ of certiorari.
Section 6: New Materials, processes or occupancies which may require permits
The City Manager, the fire chief and the fire marshal shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies, which shall require permits in addition to those now
enumerated in the fire prevention code. The fire chief shall post the list, if any, in a conspicuous
place in his or her office, and distribute copies thereof to interested persons. The list shall be a
rule and regulation of the fire department and shall be adopted by the mayor and city council and
become effective upon approval, unless otherwise specified.
Section 7: Penalties
a. Any person who shall violate any of the provisions of the fire prevention and
protection code or fail to comply therewith or who shall violate or fail to comply with
any order made thereunder or who shall build in violation of any detailed statements,
specifications, plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken within the time affixed
herein may be prosecuted for violations by the city after the person has been issued a
citation by a duly authorized officer of the fire department of the City of Milton or an
authorized law enforcement officer of the police department of the City of Milton, or
an authorized code enforcement officer of the Community Development Department
of the City of Milton. Upon conviction, the person shall be punished by a fine or
imprisonment in accordance with the City Code, as now or hereafter amended. The
imposition of one penalty for any violation shall not excuse the violation or permit it
to continue, and all such persons shall be required to correct or remedy the violations
or defects within thirty (30) days. Each day's continuing violation shall be treated as
a separate offense.
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b. In addition to all other provisions of this section, any violation of this chapter is
deemed to be a continuing nuisance and may be abated by an application of
injunction in the Superior Court of Fulton County or any other court of competent
jurisdiction.
Section 8: Authority at ares.
a. The fire chief or fire officers under his or her direction shall have full control over all
fire apparatus of the fire department in service at any fire. It shall be the duty of the
fire chief or his or her designee to superintend the fire department while performing
any public duty in fighting a fire; to give general and specific directions as to the
manner of fighting fires, the use of hose and apparatus, and the specific duties and
assignments of the various members of the fire department in attendance at a fire.
The fire chief may immediately suspend any member of the fire department for
insubordination at any fire.
b. Officers of the fire department, when at the scene of a fire, may direct or assist the
city police department in directing traffic in the immediate vicinity.
Section 9: Obstruction of or tampering with fire hydrants and apparatus prohibited.
a. It is unlawful for any person to place ashes, cinders, dirt, rubbish, building material or
any other material around or in close proximity to any fire hydrant so as to cause
hindrance or delay in access thereto, or prevent the free use thereof by the fire
department. No person shall, in any way, interfere with or tamper with any fire
hydrant or attempt to take water therefrom without special authority from the fire
chief or his or her designee. Any person who violates this section shall upon
conviction be punished in accordance with this Code, as now or hereafter amended.
b. Without the consent of the fire chief, no person not an active member of the fire
department shall at any time ride upon any of the fire apparatus of the fire
department, nor shall any person make use of any fire apparatus, hose, or other
equipment of the fire department, other than for the purpose for which the equipment
was intended, without the consent of the fire chief.
Section 10: Certain acts interfering withtre f ghting activities.
No person, except an active member of the fire department, shall at any time, enter within
the territory or vicinity of any fire, when the area is roped off or access is denied by the city
police, or interfere with or attempt to operate any of the apparatus or equipment of the fire
department or any fire hydrant, or interfere by giving orders to any individual, unless requested
to do so by the fire chief or fire officers under his or her direction; any police officer or other law
enforcement officer; the owner or occupant of the property, and the city manager or any other
persons as may be specifically authorized by the fire chief or his or her designate, may enter the
restricted areas.
Page 6 of 15
Section 11: Open burning.
Open burning is prohibited, with certain exemptions, in the city, as set forth in the code
ordinances. The provisions of Section 391-3-1.02(5) of the regulations promulgated by the
Georgia Environmental Protection Department under the Georgia Air Quality Act, as amended
from time to time are adopted and incorporated herein by reference. A copy of said regulation
shall be kept on file by the city clerk for inspection by the public.
Section 12: Posting of addresses.
a. All owners and occupants of improved real property lying within the city are required
to post the address of such real property owned or occupied by them with the street
address assigned to such property by the City of Milton, in such manner that said
address is clearly visible and legible from the street on which the improvement on
such property fronts. The obligation hereby imposed shall be the joint duty of all
owners and occupants of improved real property lying within the city. All owners
and occupants of improved real property lying within the city will have a grace period
of six (6) months from the effective date of this subsection to come into compliance.
b. All owners of apartment complexes lying within the city are required to post the
building identified for each apartment building within the complex, whether the
identifier be a number or letter or a combination thereof, in such manner that said
building identifier is clearly visible and legible from the street or private drive on
which each building fronts. The identifier for each building within apartment
complexes lying within the city will be a minimum of one foot in height, will contrast
with the building itself so as to be highly visible, will be reflective so as to be seen
easily in darkness and will not be obstructed at any time by natural or man-made
objects. All owners of apartment complexes lying within the city will have a grace
period of six (6) months from the effective date of this subsection to come into
compliance.
c. All persons who violate this section shall be subject to a fine in an amount set by
resolution of the City Council. If the person does not remedy the violation, every
thirty (30) days shall be deemed a separate offense.
Section 13: Sprinkler protection required.
a. As used in this section, the following terms shall have the meanings set forth herein:
1. "Commercial" refers to a business involved in the exchange of services,
productions, or property of any kind; the buying, selling and exchange of
articles.
2. "Multifamily residential structures" refers to a structure with a maximum
of four stories in height, except duplex and free standing single family
residences. A story is defined as that portion of a building included
Page 7 of 15
between the upper surface of the floor and the upper surface of the floor or
roof next above.
3. "New," for the purposes of this section, shall include any additions to
existing buildings, whether vertically or horizontally, or any existing
building or structure which shall be deemed to be a new building in the
event such building or structure is subject to substantial renovation or a
fire or other hazard of serious consequence. For purposes of this
subsection, the term "substantial renovation" shall mean any construction
project involving exits or internal features of such building or structure
costing more than the building's or structure's gross assessed value
according to county tax records at the time of such renovation.
4. "Approved system-commercial/residential," for commercial buildings
over 5,000 square feet, or residential structures, or those structures
required to be sprinkled by some other code, means a sprinkler system
designed in accordance with National Fire Protection Association
Standards and referenced publications.
5. Approved system -commercial areas less than 5,000 square feet, for light
hazard areas, i.e. offices and shipping areas, of commercial buildings less
than 5,000 square feet a modified sprinkler system may be used. This
system may be used upon appeal to the fire marshal's office by the owner
of the building.
6. "Modified sprinkler system" is a combination sprinkler system operating
off the domestic water supply designed in accordance with specifications
on file in the fire marshal's office.
b. All new commercial buildings shall be protected throughout with an approved
automatic fire protection system.
1. For buildings less than 15,000 square feet constructed mainly for the
storage of products with limited life loss potential some flexibility may be
allowed. The owner may petition to the fire marshal for exception to
sprinklers in the storage areas. The fire marshal will give consideration to
such things as building construction, products stored, arrangement of
storage, number of employees in the area, access to the building, and any
other fire protection features provided. This exception will not be allowed
for additions to existing sprinkled buildings.
For buildings storing materials that are water reactive or may be damaged
by water fighting a fire, than by a fire, the fire marshal's office shall use
the same considerations.
2. Additions to existing unprotected buildings where the addition totals
less than 1,000 square feet; provided, however, the addition must be
,p,,,, separated by fire rated construction in accordance with the City of Milton
Building Code and is not required to be protected by some other
UWW applicable code.
Page 8 of 15
c. All new multifamily residential structures shall be protected throughout with an
approved automatic fire protection system.
d. All new one -family and two-family dwellings built closer than 20 feet from another
structure or closer than ten feet to the property line must be sprinkled with an
approved system.
e. There shall be early fire detection systems in all sections of multifamily occupancies.
Existing buildings may have an approved battery operated smoke detector. The
bureau of fire prevention may require a hard -wire detection system if battery operated
detectors are not maintained according to manufacturer's recommendation.
f. The owner is responsible for the inspection and testing of the sprinkler system in
accordance with the rules of the Georgia Safety Fire Commissioner.
g. If this code section in any way conflicts with the provisions in the Standard Building
Code, the Fire Prevention Code, or the Life Safety Code, the more restrictive shall
apply.
Section 14: Application of building and fire related codes to existing buildinss.
WW" a. O.C.G.A. § 8-2-200 et seq., and all subsequent amendments thereto, is adopted and
incorporated by reference and shall be controlling in the corporate limits of the city. A copy will
+N" be on file in the office of the city clerk for inspection by the public.
b. Any other provision(s) of the city Code of Ordinances which does not adopt state law by
reference and which is more restrictive than the rules of the Georgia Safety Fire Commissioner
shall be controlling over the rules of the Georgia Safety Fire Commissioner.
C. All amendments, deletions, additions or supplements to O.C.G.A. § 8-2-200 et seq. may
be adopted by an ordinance of council, and thereby incorporated herein; provided, that any
changes in the standard text shall be made available to the public for inspection in the office of
the city clerk.
Article 4. Fire Lanes
Section]: Purpose and Scope.
It is the declared purpose of this article to provide for the designation and identification
of the lanes; for the manner, method and language for the posting of signs; to establish the
penalty for violation of this chapter; to identify and designate the persons who have authority to
enforce the chapter and the limits of such authority; to prohibit parking in fire lanes; to provide
wpm" for the method of submitting properties to this chapter; to repeal all ordinances in conflict
herewith; and for other purposes.
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Section 2: De tuitions.
The words used in this chapter shall have their normal accepted meanings except as set
forth below:
a.
"Authorized emergency vehicle" means a motor vehicle belonging to a public utility
corporation and designated as an emergency vehicle by the department of public
safety; a motor vehicle belonging to a fire department or a certified private vehicle
belonging to a volunteer fireman or a firefighting association, partnership, or
corporation; an ambulance; or a motor vehicle belonging to a federal, state, or local
law enforcement agency, provided such vehicle is in use as an emergency vehicle by
one authorized to use it for that purpose.
b.
"Enforcement officer(s)' shall refer to any duly authorized law enforcement officer
employed by the city.
c.
"Fire lane(s)" are areas designated by the fire official providing access for fire
department vehicles to buildings, fire department connections and fire hydrants. This
includes all alleys, driveways or lanes, devoted to public use, where the parking of
motor vehicles or other obstructions can interfere with the ingress or egress of fire
department vehicles for the protection of persons and properties including, but not
limited to, shopping centers, theaters, hospitals, bowling lanes, churches, multi -family
housing, and high-rise buildings.
d.
"Fire official" means the fire officer or other designated authority, or their duly
authorized representative, charged with the administration and enforcement of the fire
prevention code.
e.
"Master plats" means all original plats drawn in accordance with this chapter; all
copies distributed shall be from this original drawing.
f.
"New building(s)" means any commercial structure or public facility whose
certificate of occupancy was issued after the effective date of December 1, 2006.
g.
"Plats" shall refer to maps created by the building owner and approved by the fire
marshal which depict the location and boundaries of land and all existing fire lanes in
accordance with this chapter. Such maps shall be drawn to scale.
h.
"Property owner(s)" shall refer to each person, firm, corporation, or entity possessing
any estate, or leasehold right in the property being designated as fire lane(s).
i.
"Ticket" shall mean an order issued out of court by an enforcement officer of the city
directing a violator of this chapter to comply with all civil fines as set forth.
Section 3: Identification.
A. Every existing building and all new buildings shall be accessible to fire department
apparatus by way of designated fire lanes with an all-weather driving surface of not
less than twenty (20) feet of unobstructed width. There shall be a minimum roadway
turning radius of thirty-five (35) feet. There shall be a minimum vertical clearance of
thirteen (13) feet, six inches. The minimum hard surface subbase paving
specification shall be at least one and one-half (1 %2 ) inches of asphalted topping on
at least six inches of bound crushed stone, or the equivalent, capable of supporting the
gross vehicle weight of fire apparatus. During construction, when combustibles are
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brought onto the site in such quantities as deemed hazardous by the fire official,
access roads and a suitable temporary supply of water acceptable to the fire
department shall be provided and maintained.
a. Where fire protection systems approved by the fire official are provided, the
above required clearances may be modified by the fire official.
b. The fire official shall have the authority to require an increase in the minimum
access widths where they are inadequate for fire or rescue operations.
c. The creation, deletion, or modification of a fire lane shall be done in the best
professional judgment of the fire official.
B. Any owner of a building aggrieved by the decision of the fire official under this
section may appeal from the decision of the fire official to the city manager within
thirty (30) days from the date of the fire official's decision. All appeals to the city
manager shall be in writing setting forth the reasons for the appeal. The city manager
shall issue a written decision to the owner within thirty (30) days from the receipt of
the written appeal from the owner.
C. The areas designated as fire lanes shall have signs posted meeting the following
criteria:
1. Signs to read "No Parking Fire Lane."
2. Letters shall not be less than two inches in height.
3. One sign shall be posted at the beginning of the fire lane and one at the end of
the fire lane; each sign shall be erected not more than fifty (50) feet apart.
4. Signs posted shall not be more than four feet from the edge of the curb and
shall be visible from both direction of the driving surface.
D. The fire official may order curbs to be painted yellow or other distinctive colors.
Section 4: Approval; subsequent maintenance.
All fire lanes shall be approved by the fire official pursuant to these regulations, and
thereafter these fire lanes shall be maintained by the property owner. Designated fire lanes or
roads deemed necessary for fire department access by the fire official shall be maintained in a
passable condition.
A. Private property owners or their representatives shall be responsible for keeping
all fire lanes on their property free from obstructions.
B. Public property owners, the City of Milton, or their representatives shall be
responsible for keeping all fire lanes within the city's jurisdiction free of
obstructions.
Section S: Erection of signs.
No person or property owner shall place, erect or maintain any sign for control of parking
or traffic which includes the words "Fire Lane" unless such location has been designated a fire
lane by the fire official. Any failure to meet the applicable requirements specified in the Milton
City Code shall be subject to a fine of one hundred and fifty dollars ($150.00) for each violation,
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provided, however, that the fine will be waived if the required specifications are made within
fourteen (14) days from the date of citation. If that private or public property owner fails or
refuses to meet said requirements on his property within such fourteen (14) days he shall, on the
15'h day after receiving the citation, be subject to the one hundred and fifty dollar ($150.00) fine
for each violation and an additional ten dollar ($10.00) fine for each violation for each day that
the owner fails to comply with the provisions of this section until the area is properly designated
and constructed. Each additional day shall be construed as an additional violation. All fines
assessed under this section shall be paid into the treasury of the city.
Section 6: Violations.
No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided,
however, this section shall not apply to the parking of an authorized emergency vehicle on
official business.
A. Enforcement of this section shall be through a civil action in municipal court by
the issuance of a ticket which shall be either left with the vehicle or delivered to
the person in possession thereof. For purposes of such civil action, it shall be
presumed that the registered owner of said vehicle is in control or possession
thereof.
1. The first violation of parking in a fire lane within any thirty (30) day
period shall be punished by a twenty-five dollar ($25.00) civil fine;
provided, however, the second violation within any 30 -day period shall be
punishable by a civil fine of forty dollars ($40.00); and a civil fine of fifty
dollars ($50.00) may be levied for each violation thereafter occurring
within any thirty (30) day period.
2. The person receiving a ticket for violation of this section may pay the civil
fine(s) by return mail to the municipal court of the city or his designated
receiver within forty-eight (48) hours of the issuance of the ticket or may
request a hearing within forty-eight (48) hours to contest the issuance of
the ticket. In the event the civil fine is not paid within forty-eight (48)
hours, the municipal court may issue a citation for contempt requiring the
offender to show cause why he failed to pay the fine within the time frame
allowed by this section. Upon conviction thereof, the municipal court may
impose a fine as provided by law.
B. Upon any person to whom a ticket has been issued under this section, a uniform
traffic citation may be obtained with a hearing date thereon from the police officer
or uniformed fire inspector whereupon it shall be returnable to the municipal
court.
Violation of this section shall be enforced through a civil action. The burden of proof
shall be on the city. The standard of proof shall be by a preponderance of the evidence;
provided, however, the aforementioned presumption in subsection (A) of this section
shall apply.
Page 12 of 15'
Section 7: Enforcement Authority.
A duly authorized law enforcement officer employed by the city and uniformed fire
inspectors shall have the authority for enforcement of fire lanes.
Section 8: EmergencyAuthority
In addition to all powers authorized by state law, as amended, in the event of any fire,
explosion, bomb threat, or similar emergency, the fire department in the city shall be authorized
to prevent the blocking of any public or private street, road or alley, way or driveway, or
emergency lane, during any such emergency or remove any vehicles or obstructions necessary.
The officers, members, agents or employees of the fire department of the city shall not be liable
at law for any act or acts done while actually fighting a fire or performing duties at the scene of
an emergency.
Section 9: Liability for enforcement of article pertaining to maintenance and clearing
The City of Milton assumes no liability for any damages, injuries, or deaths resulting
from enforcement or lack of enforcement of the laws pertaining to maintenance and clearing of
the fire lanes. The City has the authority to issue individual tickets or citations for fire lane
violations, but the property owner has the ultimate responsibility to clear the fire lanes.
Section 10: Enforceabilib� ofproperlXplaced signs.
The disregard or disobedience of the instruction of any sign placed in accordance with the
provisions of this chapter by the driver of a vehicle shall be deemed prima facie evidence of a
violation of law, without requiring proof by whom and by what authority such sign has been
erected.
Section 11: Petition requestingpplication of chapter to properties.
Properties may become subject to this chapter by submitting a petition from the property
owner or fully authorized agent of the property owner requesting this chapter to apply. The
petition shall be submitted to the fire official and, upon approval, the property shall become
subject to this chapter and its subsequent revisions.
Section 12: Descriptions for. are official.
Property which falls within the jurisdiction of the City of Milton shall have all fire
delineations visually depicted on a plat. These plats shall be designed by the owner and
submitted to the City of Milton Fire Department and copies shall be maintained with the city
clerk. Each visual depiction shall identify all building exterior walls, traffic and parking lanes,
and sidewalks. The area(s) to be designated as fire lane(s) shall be delineated in red ink. The
plat shall state a scale of measurement and shall be on paper or a series of pages of 8 '/2 by 11
inches. The plat identification shall specify the name of the property, a brief legal description of
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the property, and the length and width of the fire lane(s), as approved by the fire official, with
whom all master plats will be filed.
Article 5: Police Department.
Section 1: Composition and Purpose
The police department shall be composed of the chief of police and any police officers or
other employees as may be necessary. Its purpose is to enforce City of Milton ordinances, and
county, state and federal law within its jurisdiction so as to maintain the peace, good order and
tranquility of the city. Enforcement powers shall include the arrest and prosecution for any
violation of such laws. The police department may be assisted by others as may be authorized by
mayor and council, or as provided in any duly executed intergovernmental contract or mutual aid
agreement.
Section 2: Chief of Police; Acting Chief.
Under the general direction of the city manager, the chief of police will direct the
administration and operation of all services of the City of Milton police department and shall
establish the policies, directives, rules and regulations for the administration and operations of
the department. The chief is the executive officer of the department and shall ensure that all
laws, both state and federal, ordinances and regulations are enforced and that life and property
are protected. The chief shall monitor the daily functions of all divisions including
Administration, Uniform Patrol, Criminal Investigation, and Support Services. His/her
responsibilities shall include overseeing accreditation and training, supervising operations, and
reviewing decisions related to hiring, disciplining, and evaluation of department personnel.
In the chief's absence from the city or when for any reason the chief of police is unable to
attend to the duties of his office, he shall designate a person to be acting chief and such
designated person shall assume the duties of the chief of police for such designated time.
Section 3: Operations Manual.
The Police Department shall be operated in accordance with The Milton Police
Department Employee Manual. The Milton Police Department Employee Manual as amended is
hereby incorporated herein by reference.
Section 4: Patrol Powers.
(a) The police officers of the city shall have the authority to patrol over any street, alley,
path sidewalk, or park in and around any stores, cafes, taverns restaurants, dance halls,
service stations or any other establishment in the city.
(b) An officer while on duty for the city shall have authority to enter any type of business
while open to the public and check to see if everything is being carried on in a lawful
manner. After business hours and while closed to the public, an officer for the city has
WON authority to check places of business, to see if the doors and windows are safely locked.
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(c) An officer for the city shall have the authority to check and investigate, enter and patrol
any park, business, residence or public place within the city limits if the officer has
probable cause or sufficient reason to believe some act is being committed which would
to"" involve the violation of a law or a city ordinance; a personal injury or damage to property;
or if any of the above appear to be imminent.
(d) No police officer shall enter a private dwelling without a search or arrest warrant
unless he has the voluntary consent of the owner or occupant or he is in pursuit of a
fugitive who the officer has personal knowledge or probable cause to believe has
committed or attempted to commit a felony.
Section S: Compensation for Testi &ink
Any law enforcement officer subpoenaed by the Municipal Court of the City of Milton
will be entitled to compensation from the City of Milton for his or her appearance at a court
session when such officer attends in an off-duty status.
Section 6: Abuse of Position.
(a) No police officer shall use his official position or official identification cards or badges:
(1) for personal or financial gain;
(2) for obtaining privileges not otherwise available to the officer except in the
performance of duty; or
(3) for avoiding consequences of illegal acts.
(b) Police officers may not lend their identification cards or badges to another person, or
permit them to be photographed or reproduced without the approval of the chief.
Section 7: Endorsements and Referrals.
Police officers shall not recommend or suggest in any manner, except in the transaction of
personal business, the employment or procurement of a particular product, professional service
or commercial service such as an attorney, ambulance, towing service, bondsman, mortician or
the like. In the case of ambulance or towing service, when such service is necessary and the
person needing the services is unable or unwilling to procure it or requests assistance, officers
shall proceed in accordance with established departmental procedures.
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