HomeMy WebLinkAboutORDINANCE NO. 07-04-23ORDINANCE NO. 07-04-23
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 12, ARTICLE 2, OFFENSES AND
VIOLATIONS, FALSE ALARMS, OF THE CITY OF MILTON
CODE OF ORDINANCES
BE IT ORDAINED by the City Council of the City of Milton, Georgia while in a Regular called
Council meeting on the 19th day of April, 2007 at 7:00 p.m. as follows:
SECTION 1. That the Ordinance relating to amending Chapter 12, Article 2, Offenses
and Violations, False Alarms of the City of Milton Code of Ordinances, is hereby adopted and
approved; and is attached hereto as if fully set forth herein; and,
SECTION 2. All Ordinances, parts of ordinances, or regulations in conflict herewith are
hereby repealed.
SECTION 3. That this Ordinance shall become effective upon its adoption.
ORDAINED this the 19th day of April, 2007.
Attest: ,
Jcg�ette R. Marchiafava, City Clerk
(Seal)
Joe Lockwco Vlayor
Chanter 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
'ORW 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
Page 1 of 27
IN
(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 2 of 27
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 cafe. 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
%.,r
Page 3 of 27
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.
PI
(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;
Page 4 of 27
,�.•• (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.
M
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.
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 (2 1) 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.
Page 5 of 27
•. (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
err 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
I'kfto
Page 6 of 27
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
r 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.
Ask. (c) Prohibited Acts.
Page 7 of 27
(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
Page 8 of 27
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
'low meals; or other similar activities.
%W11
Page 9 of 27
(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.
e
(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;
Page 10 of 27
(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.
Page 11 of 27
(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.
Page 12 of 27
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) "filar Monitored 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 or 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 and to which the Public Safety 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) "Bw#ar Montitored alarm user" means the person or other entity which owns,
leases, rents, manages, possesses, or has primary control over the premises in which a
bufg1af monitored alarm system is installed or maintained.
(d) "False alarm " means the activation of a signal from a monitored alarm system which
elicits a response from the Public Safety 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 bufgla monitored alarm
system signal activated as a result of weather, negligence, accident, mechanical
failure, electrical failure, electrical surge, signals activated intentionally in non-
emergency situations, and signals activated where the actual cause of such activation
is unknown. There is a rebuttable presumption that an activated monitored
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 Public Safety 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--htr-glar monitored 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 monitored 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
Page 13 of 27
licensed alarm system contractor who conducted an inspection of the system
at the premises and personally observed such physical damage.
(f) "Public Safety Department" means City of Milton Police or Fire personnel.
(g) "Premises " means the building or structure or any portion of a building or structure in
which there is installed or maintained a burg! monitored 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 ber-glar
monitored 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 bxfglar
monitored alarm system, the alarm user or monitoring company shall provide the
following information to the Chic' of n„City Treasurer's office using the
prescribed registration form.
(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) An alarm registration fee set by resolution of the Ci!y Council }ty-€tee
(b) Any changes in the information set forth in subsection (a) of this section must be
reported to the Chief e f Pei .o City Treasurer's office within five (5) business days.
bur-glafMonitored 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 Pei .e City Treasurer's office no later than sixty (60) days
following such effective date.
Page 14 of 27
^* (c) All alarm systems installed before incorporation of the City of Milton shall be
registered with the Chief e f P li City Treasurer's office within six (6) months after
the effective date of this Article.
Section 4: Deactivation Mechanism Required.
No bu glar monitored 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 Public Safety Department shall be responsible for the enforcement of this Article. 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 lurglamonitored 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 bumiar monitored 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 assist9ance, 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 bar-gla monitored 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)
000- days following the installation of the bufglaf monitored alarm system.
Page 15 of 27
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.
,. (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
Page 16 of 27
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:
(1) The street address or legal description of the building, structure, or premises
upon which the same is located;
Page 17 of 27
(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 18 of 27
(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: penaLtE.
(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.
Article 4: Animals.
Page 19 of 27
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: Dis op sal 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
w. 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.
err° Section 3: Open Burning
Page 20 of 27
M
(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 fres 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 S: 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 21 of 27
0%. (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.
IM
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 22 of 27
Section 4: Begging and soliciting alms by accosting or,forcing oneself y on 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),
%W,.. (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 23 of 27
IN
(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 24 of 27
IM
(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 nim
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 25 of 27
.400, (b) assemble on private property for the purpose of soliciting work as a day laborer
'w✓ 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: Obscenity and Related Offenses
(a) A person commits the offense of distributing obscene material when he or she sells,
lends, rents, leases, gives, advertises, publishes, exhibits, or otherwise disseminates to any
person any obscene material of any description, knowing the obscene nature thereof, or
offers to do so, or possesses such material with the intent to do so, provided that the word
'knowing,' as used in this section, shall be deemed to be either actual or constructive
knowledge of the obscene contents of the subject matter; and a person has constructive
knowledge of the obscene contents if he or she has knowledge of facts which would put a
reasonable and prudent person on notice as to the suspect nature of the material; provided,
however, that the character and reputation of the individual charged with an offense under
this law, and, if a commercial dissemination of obscene material is involved, the character
and reputation of the business establishment involved may be placed in evidence by the
defendant on the question of intent to violate this law. Undeveloped photographs, molds,
printing plates, and the like shall be deemed obscene notwithstanding that processing or other
acts may be required to make the obscenity patent or to disseminate it.
(b) Material is obscene if -
(1)
£
(1) To the average person, applying contemporary community standards, taken as a
err whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest
in nudity, sex, or excretion;
(2) The material taken as a whole lacks serious literary, artistic, political, or scientific
value; and
(3) The material depicts or describes, in a patently offensive way, sexual conduct
specifically defined in subparagraphs (A) through (E) of this paragraph:
(A) Acts of sexual intercourse, heterosexual or homosexual, normal or
perverted, actual or simulated;
(B) Acts of masturbation;
(C) Acts involving excretory functions or lewd exhibition of the genitals;
(D) Acts of bestiality or the fondling of sex organs of animals; or
(E) Sexual acts of flagellation, torture, or other violence indicating a
sadomasochistic sexual relationship.
(c) Any device designed or marketed as useful primarily for the stimulation of human
genital organs is obscene material under this Code section.
(d) Material not otherwise obscene may be obscene under this Code section if the
distribution thereof, the offer to do so, or the possession with the intent to do so is a
commercial exploitation of erotica solely for the sake of their prurient appeal.
(e) It is an affirmative defense under this Code section that selling, lending, renting,
,rtew leasing, giving, advertising, publishing, exhibiting, or otherwise disseminating the material
was restricted to:
Page 26 of 27
low
(1) A person associated with an institution of higher learning, either as a member of
the faculty or a matriculated student, teaching or pursuing a course of study related to such
material; or
14
(2) A person whose receipt of such material was authorized in writing by a licensed
medical practitioner or psychiatrist.
Section 11: 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.
Page 27 of 27