Loading...
HomeMy WebLinkAboutPacket-01-18-2007 CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman - District 1 Julie Zahner Bailey - District 2 Bill Lusk - District 3 Neal O’Brien - District 4 Tina D’Aversa-Williams - District 5 Rick Mohrig - District 6 Thursday, January 18, 2007 Regular Council Meeting Agenda 5:30 PM 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 07-154) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 5) PUBLIC COMMENT 6) REPORTS AND PRESENTATIONS 7) CONSENT AGENDA (none at this time) 8) ZONING AGENDA (none at this time) 9) FIRST PRESENTATION (Agenda Item No. 07-155) 1. Approval of an Ordinance Regulating Sexually-Oriented Businesses and Related Ordinances. (Presented by Mark Scott, City Attorney) 10) UNFINISHED BUSINESS (Agenda Item No. 06-139) 1. Approval of an Ordinance Establishing Noise Control within the City of Milton, Georgia. (Presented by Aaron Bovos, City Manager) (Second Reading) Page 1 of 2 Milton City Hall 13000 Deerfield Parkway, Building 100 Alpharetta, GA 30004 MILTON CITY COUNCIL REGULAR MEETING AGENDA JANUARY 18, 2007 – 5:30 PM Page 2 of 2 Milton City Hall 13000 Deerfield Parkway Alpharetta, GA 30004 (Agenda Item No. 06-140) 2. Approval of an Ordinance to Adopt and Approve Chapter 8, Parks and Recreation, and providing for inclusion and identification in the future developed Code of Ordinances for the City of Milton, Georgia. (Second Reading) (Presented by Greg Wilson, Community Services Manager) (Agenda Item No. 06-131) 3. Approval of an Ordinance Adopting Amended Rules and Procedures for the City Council Meetings and Public Hearings for the City of Milton, Georgia. (Second Reading) (Presented by Aaron Bovos, City Manager) 11) NEW BUSINESS 12) MAYOR AND COUNCIL REPORTS 13) STAFF REPORTS (Agenda Item No. 07-156) 14) ADJOURNMENT THE ORDINANCE REGULATING SEXUALLY-ORIENTED BUSINESSES WILL BE DISTRIBUTED ELECTRONICALLY City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: December 28, 2006 for January 11, 2007 City Council Meeting - First Reading and January 18, 2007 City Council Meeting - Second Reading Agenda Item: An Ordinance Establishing Noise Control within the City of Milton, Georgia CMO (City Manager’s Office) Recommendation: Approve the attached ordinance establishing noise control within the City of Milton, providing for enforcement, and for other purposes. Background: The attached ordinance establishes noise control within the corporate city limits of Milton, and is intended to regulate, control and abate noises which unreasonably annoy, disturb, injure or endanger the company, repose, health, peace, safety and welfare of the residents of our community. Absent this ordinance, Milton officials have a difficult time responding to noise complaints and holding responsible the parties creating such disturbances. Municipalities have two methodologies which can be utilized in establishing noise ordinances – the measurement of noise by decibels and a perceived perception of a noise violation. The City Attorney recommended the latter approach in the development of the attached document due to enforcement and potential legal issues with decibel related ordinances. Staff concurred with this recommendation and the attached ordinance represents this approach. Discussion: The ordinance itself has several sections which provide the foundation for establishing and regulating noise control. Specifically, the sections are as follows: • Section 1 – Definitions; • Section 2 – Unreasonable Noises Prohibited; • Section 3 – Specific Noises Prohibited; • Section 4 – General Exceptions; • Section 5 – Application for Variance; • Section 6 – Article Provisions not Exclusive; and • Section 7 – Each Incident Deemed Separate Violation. Once drafted, the ordinance was circulated to the departments which must administer the legislation, including the City Attorney’s Office, Public Safety (Police), Community Development (Code Enforcement), and the Municipal Court. Alternatives: N/A Concurrent Review: Chris Lagerbloom, Director of Public Safety Mark Scott, City Attorney Page 1 of 6 STATE OF GEORGIA COUNTY OF FULTON ORDINANCE NO. 07-01-_____ AN ORDINANCE ESTABLISHING NOISE CONTROL WITHIN THE CITY OF MILTON, GEORGIA. WHEREAS, it is in the interest of the City and its’ citizens to regulate, control and abate noises which unreasonably annoy, disturb, injure or endanger the company, repose, health, peace, safety and welfare of the people of the city. This ordinance shall be construed to effectuate that purpose. NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS: Section 1. Definitions 1.0 For the purpose of this ordinance, whenever inconsistent with context, words used in the present tense include the future tense, words in the plural include the singular, words in the singular include the plural, and the use of any gender shall be applicable to all genders whenever the sense requires. The words “shall” and “will” are mandatory and the word “may” is permissive. Words not defined in this Section 1 or otherwise in this ordinance shall be given their common and ordinary meaning. The following words, term, phrases and their derivations shall, in this ordinance, have the meaning given in this section. 1.1 “City” means the City of Milton, Georgia, an incorporated municipal government in Fulton County, State of Georgia. Boundaries defining the City limits may be changed via ordinances approved by the City Council, for which any new boundary created shall be subject to this contract. 1.2 “Chief of Police” means the City of Milton Director of Public Safety or their designee. 1.3 “Community Event” means any event the City of Milton has approved prior to its occurrence and that is sponsored or attended by a local organization or group of people. 1.4 “Domestic Power Tool” means a mechanically powered saw, sander, drill, grinder, pneumatic nail gun, lawn mower, weed eater or edger, lawn or garden tool, snow blower, leaf blower and all other similar devices that are used in residential areas for work that is typically done by or for residential occupants. Page 2 of 6 1.5 “Construction”, “Street Work”, “Street Repair”, “Drilling” or “Demolition Tools” or “Equipment” means machine or mechanically powered items that are typically used on commercial construction projects and involve more than routine repairs or work on residential property for residential occupants. 1.6 “Noise-sensitive Unit” means any building, structure, or portion thereof that has the doors and windows closed and that is used as a church, day care center, hospital, nursing care center or school, or place of overnight accommodation, including, but not limited to, individual homes, apartment and mobile homes. 1.7 “Outdoor activity” means an athletic, entertainment or similar activity. 1.8 “Permit”, “Permitting” or “Permission” means to allow, consent to, or expressly assent or agree to the doing of an act. 1.9 “Person” means an individual person, association, trust, partnership, firm or corporation. 1.10 “Plainly Audible” means any sound, the content of which can be clearly heard by a listener of ordinary hearing capabilities. Section 2. Unreasonable Noises Prohibited. No person shall make, assist in making, permit or allow to continue any unreasonable noise in the City of Milton. A noise is unreasonable when three or more of the following circumstances exist: 2.1 The noise is made between the hours of 10:00 p.m. and 7:00 a.m. 2.2 The noise is plainly audible within a noise-sensitive unit that is not the source of the noise. 2.3 The noise is amplified by a machine or object. 2.4 The tone of the noise is abnormally high or low according to the perception of a listener with normal hearing capabilities. 2.5 The noise remains constant for at least five minutes, or the noise is repeated at least three times during a thirty minute period. Section 3. Specific Noises Prohibited The following acts are presumed unreasonable noises in violation of this article. Page 3 of 6 3.1 The use, operation or playing or any radio, television, phonograph, compact disc player, tape player, loudspeaker, musical instrument, or other similar machine or device that is used for the production of noise between the hours of 10:00 p.m. and 7:00 a.m. when the noise is plainly audible within a noise-sensitive unit that is not the source of the noise. 3.2 The loading, unloading, opening, closing or other handling of boxes, crates, containers, building materials or similar objects between the hours of 10:00 p.m. and 7:00 a.m. when the noise is plainly audible within a noise-sensitive unit that is not the source of the noise 3.3 The sounding of any horn or signaling device on any automobile, motorcycle or other kind of vehicle, except as a sign of danger. 3.4 The use of any automobile, motorcycle or other kind of vehicle in a manner that creates loud grating, grinding, revving, rattling or other similar noise. 3.5 The use of exhaust breaks, except when used in an emergency to stop or slow a vehicle so as to avoid a collision. 3.6 The discharging of exhaust from any steam engine, stationary internal combustion engine, motor boat, motorcycle or motor vehicle except through a muffler of other device which will effectively prevent loud or explosive noises. 3.7 The making of, or assisting with the making of noise in a public park when the noise is plainly audible within a noise-sensitive unit that is not the source of the noise. 3.8 Noise created by the operation of construction equipment, street work, street repair, drilling or demolition tools activity: Monday through Friday before 7:00 a.m. or after 10:00 p.m., Saturdays before 8:00 a.m. or after 9:00 p.m. Noise created by the operation of construction equipment, street work, street repair, drilling or demolition tools or noise generated by construction activity is prohibited on Sundays. 3.9 The use of domestic power tools during the hours of 10:00 p.m. and 7:00 a.m. 3.10 Noise created by animals when it violates the standards adopted in the Fulton County animal control ordinance. Enforcement of this subsection shall be the responsibility of the Milton Police department and the Fulton County Animal Control, unless otherwise designated by the council. Section 4. General Exceptions. The following acts are exceptions to the prohibition in this chapter. Deleted: The use of construction, street work, street repair, drilling or demolition tools or equipment during the follow hours: Monday through Friday before 7:00 a.m. or after 10:00 p.m., Saturdays before 8:00 a.m. or after 7:00 p.m. and Sunday before 10:00 a.m. or after 7:00 p.m. Page 4 of 6 4.1 Noise emanating from aircraft and aircraft operations, railway locomotives and nonstationary farming equipment. Noise created by the operation of construction equipment, street work, street repair, drilling or demolition tools or noise generated by construction activity, provided the construction, street work, street repair, drilling or demolition work occurs during the following hours: Monday through Friday 7:00 a.m. to 10:00 p.m., Saturday 8:00 a.m. to 9:00 p.m. 4.3 Noise created by the operation of any domestic power tool, provided that operation of the domestic power tool occurs during the hours of 7:00 a.m. and 10:00 p.m. 4.4 Noise created by an animal that does not violate this article. 4.5 Noise that constitutes constitutionally protected speech when the noise occurs during the hours of 7:00 a.m. and 10:00 p.m. and is not so loud that it is plainly audible within a noise sensitive unit that is not the source of the sound. 4.6 It shall be a defense to violation of this article that at the time of the violation there exists an emergency that compels the person to cause the noise of sound in question. Section 5. Application for Variance Provisions of this article are subject to a variance in accordance with the following: 5.1 The City Manager, or his/her designee, shall decide whether to approve, approve with conditions, or deny an application for a variance. 5.2 The application for a variance shall be in writing on a form provided by the city and shall include an application fee in the amount determined by the City Manager. The applicant shall submit information regarding the date, time and location of the activity or event that will generate the noise for which a variance is being sought, the reason the variance is being requested and any other information requested by the City Manager, or his/her designee. The application shall not be received until all the requested information and application fee has been submitted. 5.3 No more than five (5) business days after the date of the application, the City Manager shall make a decision to approve or deny the application. The decision shall be based on the information provided in the application and the results of the City Manager’s investigation, if any. If no decision shall be made on the application within the five (5) day period, the variance shall be deemed to be approved. The variance application shall be approved if the City Manager finds that the following standards are met: Deleted: Noise created by the normal operation of construction, street work, street repair, drilling or demolition tools or equipment, provided the construction, street work, street repair, drilling or demotion work occurs during the following hours: Monday through Friday 7:00 a.m. to 10:00 p.m., Saturday 8:00 a.m. to 7:00 p.m. or Sunday 10:00 a.m. to 7:00 p.m. Deleted: ¶ Page 5 of 6 5.3.1 The benefits of allowing activity or event that will cause unreasonable noise outweigh the disruption or harm caused by the unreasonable noise. 5.3.2 The duration and volume of the noise is the minimum amount necessary to achieve the purpose of engaging the activity or event that will cause the noise. 5.3.3 The application will minimize the noise that is produced between the hours of 10:00 p.m. and 7:00 a.m. 5.4 The City Manager shall mail a copy of the decision to the applicant. 5.5 An applicant, or any other individual affected by the proposed variance, may appeal the City Manager’s decision to the city council. The appeal must be in writing and filed with the City Manager no more than three (3) business days after the date the decision was mailed. Any party filing a writing appeal shall: 5.5.1 Identify themselves as the applicant or interested person. 5.5.2 Include a copy of the decision that is being appealed and the application or written comments they submitted. 5.5.3 State with specificity the reasons why the decision is being appealed. 5.5.4 Explain why they believe the decision is inconsistent with the standards in this section. 5.6 Upon receipt of a timely and complete appeal, the City Manager shall place the appeal on the next possible city council meeting agenda and shall mail written notice to appellant, informing them of the date the city council will consider the appeal. 5.7 At the appeal hearing, the city council shall review the application, written comments, and written appeal and decide whether to affirm, reverse or modify the City Manager’s decision. The city council’s decision shall be reduced to writing and mailing to the appellant. Section 6. Article Provisions not exclusive. This article shall not affect the validity or enforceability of any other state law or city of Milton ordinance, which is or may in the future be in effect and which related to the activities regulated by this article. Page 6 of 6 Section 7. Each Incident Deemed Separate Violation. Upon citation for violation of this article, the failure of the person to abate the noise shall result in the issuance of further citation. Section 8. Ordinances in Conflict. Any ordinance, policy, or part of an ordinance in conflict with this ordinance shall be hereby repealed. THIS ORDINANCE PASSED AND APPROVED on the ___________ day of __________________________, 2007. Approved: ______________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) Approved as to Form and Content: _____________________________ Mark E. Scott, City Attorney City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Victor C. Jones, PE, Acting Community Services Manager Date: December 27, 2006 for Submission onto the January 11, 2007 City Council Meeting Agenda Item: Approval of Ordinance Regulating Processes associated with Recreation and Parks, Chapter 8, Recreation and Parks City Attorney Recommendation: Adopt the attached ordinance providing for regulation of processes associated with recreation and parks. Background: The City must adopt an ordinance regulating the allowable uses of public parks and the definition of the roles and responsibilities of the Recreation and Parks Director and the City Manager with respect to items associated with the allowable uses of public parks. Discussion: The Ordinance deals with the roles and responsibilities of the Recreation and Parks Director, allowable and prohibited activities for public parks, violations and enforcement, and the processes associated with Special Events. Alternatives: There are no reasonable alternatives to adoption of this ordinance. Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager ORDINANCE NO. 07______ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ADOPT AND APPROVE CHAPTER 8, RECREATION AND PARKS, 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 8 (RECREATION AND PARKS) AS ATTACHED HERETO AND INCORPORATED HEREIN; AND FOR OTHER PURPOSES The Council of the City of Milton hereby ordains while in regular session on the 11th day of January, 2007 at 5:30 pm as follows: SECTION 1. That the Ordinance relating to Recreation and Parks 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 8 of the Code of Ordinances of the City of Milton, Georgia; and, SECTION 3. That this Ordinance shall become effective on ______________. ORDAINED on this _____ day of January, 2007. Approved: ______________________________________ Joe Lockwood, Mayor Attest: ____________________________________ Jeanette R. Marchiafava, City Clerk (Seal) Formatted: Superscript Comment [CH1]: w number? Deleted: 6-12-72 Comment [CH2]: Please confirm time and date Deleted: 4 Deleted: January 11, 2007 Deleted: is Deleted: 11t Deleted: ______ Deleted: h Deleted: __ Deleted: day Page 1 of 8 Formatted: Font: 12 pt Chapter 8: Recreation and Parks Article 1: Regulation of Public Parks. Section 1: Applicability. This section shall apply to all designated municipal public parks, which are defined for purposes of this article as any park, playground, green space, or place limits of the City to which the general public has access and a right to frequent, for business, entertainment, or for other lawful purposes, and which has been either deeded to or dedicated to public use or ownership. Municipal public parks shall also include the sidewalks abutting any park, playground, or place above described. Section 2: Recreation and Parks Director. (Should this be “Manager,” contemplated under Community Serrvices? (a) The City Manager may appoint a Recreation and Parks Director, or the City may contract with a third party to perform the duties of a Recreation and Parks Director. (b) Recreation and Parks (Director’s) Duties. The Recreation and Parks Director shall: (i) Implement and support the policies of the Mayor, City Council, and City Manager; (ii) Develop, direct, and implement the Recreation and Parks Master Plan at the direction of the City; (iii) Determine, prioritize, establish, conduct, construct, and maintain a recreation and parks system for the City that meets the leisure needs of the citizens, including but not limited to parks, playgrounds, trails, indoor recreation centers, programs, activities, and the maintenance and repair of such facilities and grounds as required (iv) Recommend the setting aside, leasing, or acquisition of land, buildings and facilities within the City limits for use as parks, playgrounds, recreation centers, or for other recreational purposes, and to provide for the maintenance and improvement of these areas; (v) Otherwise assist in the operation and enforcement of this Chapter Section 3: Permitted Park Activities. (a) The City Manager may recommend a permit application policy and procedure to the Mayor and Council for non city-sponsored events. Formatted: Not Different first page Formatted: Highlight Formatted: Highlight Page 2 of 8 Formatted: Font: 12 pt (b) The City Manager shall establish guidelines regarding permitted uses of municipal parks and related facilities for city-sponsored activities and private events. (c) The Recreation and Parks Director shall implement those guidelines. (d) The Milton Recreation and Parks Department shall schedule the use of all city parks and facilities for organized activities, programs, assemblages, gatherings, games and similar activities. No individual or group shall erect any booth or stand or sell any article or services within the limits of any city park without the written consent of the director of recreation and parks or his authorized representative. Such consent may also be given by the City Manager, provided the Recreation and Parks Department is made aware of the proposed use and it does not conflict with other scheduled activities. Section 4: Prohibited Acts in Public Parks. (a) Alcoholic beverages. It shall be unlawful for any person to possess and/or consume any alcoholic beverage, or be under the influence of alcoholic, malt and/or vinous beverage, within any public park and/or within any building or facility under the supervision of the Milton Recreation and Parks Department unless such usage is expressly permitted by signage or published rules of the particular park or recreation building. (b) Firearms. It shall be unlawful for any person to possess any firearm, air gun or any explosive substance (including fireworks) in any of the City parks, unless written permission for such has been authorized by the Mayor and City Council. (c) Injuring public property. It shall be unlawful for any person to cut, break, mutilate, deface, or in any other manner destroy or injure any public property, real or personal, belonging to, owned by, or leased or used by the City. (Arborist Question: Should we identify land disturbance, vegetation as part of public property?) (d) Killing wildlife. It shall be unlawful for any person to hunt, trap, shoot, maim or kill any animal or wildlife, or attempt to do any of the above to any animal or wildlife within any of the City parks without the written permission of the City Manager. (e) Motor vehicles. It shall be unlawful for any person to drive, operate, and/or park any motor vehicle, mini-bike, or motorcycle within any City park, except in areas designated for such use. This section does not apply to City employees or agents of the city when municipal duties require them to drive over said park and/or to park their vehicles or equipment at such locations in order to perform City business. (f) Noises. It shall be unlawful for any person to make any unnecessary, loud noises, engage in noisy disputes or conversation, engage in any indecent or loud acts of behavior, or in any other manner disturb the public peace, quiet, and order in any of the City parks, according to the City’s Noise Ordinance. Formatted: Highlight Formatted: Highlight Formatted: Highlight Comment [CH1]: ewd?? Deleted: loud Page 3 of 8 Formatted: Font: 12 pt (g) Park hours. All City parks shall be closed, and no person shall be authorized to be on the premises or property of any City park, between the hours of 12:00 midnight and 6:00 a.m., except authorized City employees or persons engaged in activities authorized by the Recreation and Parks Director, or the City Manager. (h) Pets. All pets must be on a leash and the owner is responsible for disposal of pet waste. All pets are prohibited on athletic fields, unless written permission for such has been authorized by the City Manager or the Recreation and Parks Director. (i) Permit required. It shall be unlawful for any person to engage in any activity in City parks which requires a permit and/or a ticket without first obtaining such permit and/or ticket. (j) Polluting water in parks. It shall be unlawful for any person to pollute or disturb any spring, branch, pond, fountain, or other water owned by or leased to the City. (k) Posting signs. It shall be unlawful for any person to affix any bill, sign, or notice on any tree, building, or fixture in any of the parks. (l) ? Public Waste(?). It shall be unlawful for any person to place any paper, books, refuse, or trash of any kind in any of the public parks, except in containers provided for such. (Should we also cite oil/petroleum products, etc.?) (l) Skateboards. It shall be unlawful for any person to operate a skateboard on any street, lane, way, road, and/or any parking lot in any park in the City unless otherwise designated by signage or published rules. (m) Smoking. It shall be unlawful for a minor to smoke in the park. (n) Speed limit. It shall be unlawful for any person to operate a motorized vehicle upon any road within a park in the City at a greater speed than fifteen (15) miles per hour. (o) Swimming in lakes. It shall be unlawful for any person to swim in or enter any lake at any park in the City for the purpose of swimming or wading unless a permit for such has been issued by the Milton Recreation and Parks Department or an authorized representative, or such person or persons are conducting Recreation Department business. (p) Urban camping. It shall be unlawful to reside or to store personal property in any park owned by the City. Furthermore, it shall be unlawful to use any public place, including City parks, for permanent living accommodations purposes or camping, except in areas specifically designated for such use or specifically authorized by permit. Section 5: Enforcement. Formatted: Highlight Formatted: Font: Times New Roman Formatted: Font: Times New Roman, 12 pt Formatted: Font: Times New Roman Formatted: Font: Times New Roman, Highlight Formatted: Font: Times New Roman Formatted: Font: Italic Formatted: Font: 12 pt Formatted: Highlight Formatted: Font: Times New Roman, 12 pt Comment [CH2]: Provisions for special permits? Page 4 of 8 Formatted: Font: 12 pt (a) The Milton Police Department shall have jurisdiction to enforce municipal and state laws in City parks. Section 6: Violations. Any person violating any provision of this section and/or concealing a violation of, or harboring, assisting or protecting a person charged with or convicted of a violation of this section shall be punished by a fine not to exceed the maximum allowed by State law, including fines and imprisonment, or work on the streets, parks, or public works, in the discretion of the Municipal Court Judge. Article 2: Special Events. Section 1: Special Events Defined. “Special event”, as used in this Article, means: (a) Any activity which occurs upon private or public property that will significantly affect the ordinary use of parks, facilities or sidewalks, or access roads. (b) Special events include, but are not limited to fairs, tours, grand opening celebrations, arts festivals, concerts and holiday celebrations. (c) Private social gatherings which will make no use of City streets other than for lawful access and parking are not included. “Garage sales,” “lawn sales,” “rummage sales,” or any similar casual sale of tangible personal property are not included. Section 2: Permit Required. No person or organization shall conduct a special event without first having obtained a special event permit from the City of Milton. The Mayor and City Council may issue permits for special events, which events would otherwise constitute a public nuisance without such permit. (Why???) Shouldn’t this role belong to the staff? Section 3: Zoning Compliance Permits shall be issued in compliance with the Zoning Ordinances and Standards of the City of Milton. Section 4: Permit Application. (a) An application for a special event permit shall be submitted to the Recreation and Parks Director with a nonrefundable payment of Two-Hundred Fifty Dollars ($250.00) no later than sixty (60) days prior to the proposed event. Formatted: Highlight Deleted: ¶ ¶ Deleted: $1000.00, by sentence of imprisonment not exceeding twelve (12) months, and to community service for a period not exceeding ninety (90) days Deleted: either or both of such Comment [CH3]: Punctuation Deleted: ; Deleted: , Deleted: , Comment [CH4]: Punctuation Deleted: s, . Deleted: Deleted: Recreation and Parks Director Deleted: $100.00 Page 5 of 8 Formatted: Font: 12 pt (b) Upon written request and submittal of appropriate documentation, the City Manager may waive or reduce the permit application fee for fundraising for charitable events if he or/she determines that such fee is overly burdensome to the requestor or does not promote the general welfare of the City. (c) The following information shall be provided on any permit: (Are the highlighted items may be too specific? (i) Purpose of the special event; (ii) Name, address, and telephone number of sponsoring organization and the individual who is responsible for supervising and directing their proposed event; (iii) Proposed date, location, and hours of operation; (iv) Schedule of proposed events; (v) Projected attendance at the event, plan for parking, plan for restroom facilities and sanitation concerns; and (vi) Any other such information as the Community Services Department or another City department deems reasonably necessary to determine that the permit meets the requirements of this Article. (d) The permit shall not waive the requirements of complying with other sections of this Code, including, but not limited to, regulations on alcoholic beverages, business licenses, fire safety, zoning, signs and waste removal. (e) Waiver of Time Limit. (i) The sixty (60) day time requirement of subsection (a) of this section may be waived by the City Manager upon written request and submittal of appropriate documentation that shows clear and compelling need of immediate action. Among other reasons, ignorance of the permit requirement shall not establish clear and convincing need. (ii) Unless expressly provided elsewhere in this Article, no permit shall be issued for applications submitted less than three (3) days before an event. Section 5: Denying and Revoking Permits. (a) Reasons for denial of a special event permit include, but are not limited to the following: Formatted: Highlight Deleted: $100.00 payment Deleted: and Deleted: thirty Deleted: 3 Page 6 of 8 Formatted: Font: 12 pt (i) The event will require the diversion of so many public employees that allowing the event would unreasonably deny service to the remainder of the City; (ii) The application contains incomplete or false information; (iii) The applicant fails to comply with all terms of this Article including failure to remit all fees and deposits or failure to provide proof of insurance, bonds, and a save harmless agreement to the City; (iv) The event will last longer than three (3) days. (v) All permits issued pursuant to this Article shall be temporary and do not vest any permanent rights. Reasons for revocation of a special events permit include: (A) Application contained incomplete or false information; (B) Applicant does not comply with all terms and conditions of permit; (C) Applicant fails to arrange for or adequately remit all fees, deposits, insurance, or bonds to the City; (D) Disaster, public calamity, change in applicable law, riot, or other emergency exists. (b) Revocation and denial of permits may be appealed as provided in this Article. Section 6: Cost Assessments. The Recreation and Parks Director shall send copies of special event applications to affected departments. Each departmental activity required for the special event shall be itemized, showing hourly rate and total cost. The Operations Department shall determine and calculate the fee. All costs shall be assessed to the permit applicant in addition to the permit fee. Section 7: Costs. (a) Performance Bond. (i) A performance deposit of One-Hundred Fifty Percent (150%) of the total estimated costs of the special event to the City shall be remitted to the City before the special event permit is issued. (ii) The requirement in subsection (a)(i) above may be waived by the City Manager, based on specific factual findings, that the performance deposit Formatted: Highlight Deleted: Unless a permit is issued pursuant to Section 4(e), t Deleted: Community Services Deleted: percent Page 7 of 8 Formatted: Font: 12 pt would be unduly burdensome or unnecessary given the size of the event or past history. (b) Insurance. At the City’s request, the applicant may be required to obtain and present evidence of a surety indemnity bond or comprehensive liability insurance naming the City as an additional insured. The insurance requirement is a minimum of $300,000.00 personal injury per occurrence, and $100,000.00 property damage per occurrence against all claims arising from permits issued pursuant to this Article. If the event poses higher risks than covered by such insurance, the applicant shall be responsible for assessing the risks of the event and obtaining additional insurance coverage. (c) Save Harmless Agreement. The applicant is required to provide a save harmless agreement in which the applicant agrees to defend, pay, and save harmless the City, its officers, and employees, from any and all claims or lawsuits for personal injury or property damage arising from or in any way connected to the special event; excepting any claims arising solely out of the negligent acts of the City, its officers, and employees. (d) Cleanup. A special event permit may be issued only after adequate waste disposal facilities, including, where necessary, portable toilets, have been identified and obtained by the applicant. The applicant will clean public property of rubbish and debris, returning it to its pre-event condition, within twenty-four (24) hours of the conclusion of the event. If the applicant fails to clean up such refuse, such clean up shall be arranged by the City and the costs charged to the applicant. (e) Waivers. Upon written request and submittal of appropriate documentation, the City Manager may waive the bond requirement if he or she determines that such fee is overly burdensome, unlawfully burdens speech, or does not promote the general welfare of the City. (f) Immunities. (i) This section shall not be construed as a waiver of any immunity to which the City is entitled. (ii) This Article shall not be construed as imposing upon the City or its officials or employees or agents any liability or responsibility for any injury or damage to any person in any way connected to the use for which permit has been issued. The City and its officials and employees and agents shall not be deemed to have assumed any liability or responsibility by reasons of inspections performed, the issuance of any permit, or the approval of any use of public property. Section 9: Violations. Page 8 of 8 Formatted: Font: 12 pt Violations of this Article shall be punishable in accordance with Chapter 1, Article 3, Section 1 of this Article. City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: December 27, 2006 for January 11, 2007 City Council Meeting Agenda Item: An Ordinance Adopting Amended Rules and Procedures for the City Council Meetings and Public Hearings for the City of Milton, Georgia CMO (City Manager’s Office) Recommendation: Approve the attached ordinance adopting the Rules and Procedures of public meetings held by the City of Milton, providing for an orderly process of conducting business, and for other purposes. Background: Governments traditionally adopt Rules of Procedure, or operation standards and protocol which facilitate the orderly conduct of public meetings. Such documents outline how meetings will be conducted and stand as the backbone for staff and elected officials to refer to in one of the most critical functions of any government – soliciting public input and conducting public meetings. The attached Rules of Procedure were drafted after consulting with Title 50, Chapter 14 of the Official Code of Georgia Annotated as well as the City’s Charter – House Bill 1470. The rules and procedures were first adopted and put into place by Milton on November 21, 2006, after the second reading of the ordinance occurred. Discussion: Amendments to the originally approved rules and procedures are recommended and annotated in Section 12, Meetings Other Than Regular Meetings. Specifically, sub paragraph (d), Work Sessions, was added, which reads as follows: (d) Work Sessions. Meetings to discuss City business where no formal votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work Sessions shall be held at 5:30 p.m. on the second Thursday of each month. All work session meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input at work sessions will not be allowed unless specifically requested by the Mayor. The addition of sub paragraph (d) will facilitate the scheduling of monthly work sessions. At these work sessions elected officials and staff will have the ability to have interactions on items of interest or high priority for the government. These items will not require a vote and therefore no public input will be taken, unless specifically requested by the Mayor. Such items include discussions on comprehensive plans, goals and objectives for specific city activities, updates on functional areas of the organization, etc. If approved, staff will begin to formulate a comprehensive list of topics which need to be scheduled for upcoming work sessions. Such list will be prioritized and meetings will be scheduled accordingly. Alternatives: N/A Concurrent Review: N/A STATE OF GEORGIA ORDINANCE NO. 07-______ COUNTY OF FULTON A ORDINANCE ADOPTING AND AMENDING RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC HEARINGS FOR THE CITY OF MILTON, GEORGIA; AND FOR OTHER PURPOSES The Council of the City of Milton hereby ordains while in regular session on the ______day of January, 2007 at 5:30 p.m.: SECTION 1. That the Rules of Procedures for the City Council Meetings and Public Hearings adopted on November 21, 2006 are amended and attached hereto as if fully set forth herein; and, SECTION 2. That the first presentation of this Ordinance was on January 11, 2007; and SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the ____ day of January, 2006. Approved: _________________________________ Joe Lockwood, Mayor Attest: ___________________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 RULES AND PROCEDURES FOR THE CITY COUNCIL MEETINGS AND PUBLIC HEARINGS Section 1. Open Meetings. All meetings of the Mayor and City Council shall be held in accordance with the provisions of Title 50, Chapter 14 of the Official Code of Georgia Annotated. The public shall at all times be afforded access to all meetings other than executive sessions. Section 2. Executive Sessions. Executive sessions of the council may be held for the purpose of discussing topics exempted from public access requirements by Title 50, Chapter 14 of the Official Code of Georgia Annotated. Any portion of the meeting not subject to any such exemptions shall be open to the public. (a) Non-Exempt Topics. If a council member attempts to discuss a non-exempt topic during an executive session, the mayor, city manager, or city clerk shall immediately rule that council member out of order and such discussion shall cease. If the council member persists in discussing the non-exempt topic, the mayor shall adjourn the meeting immediately. (b) Procedure For Entering Into Executive Sessions. No executive session shall be held except pursuant to a majority affirmative vote of the city council taken in a public meeting. The minutes of the public meeting shall reflect the names of the council members present, those voting for the executive session, and the specific reasons for the executive session. All votes taken on items discussed in executive session shall be taken in an open meeting. (c) Executive Session Minutes. (1) Executive Sessions Discussing Real Estate Acquisition. Minutes of an executive session in which the acquisition of real estate is discussed shall be taken in the same manner as minutes of an open meeting (Section 21 of this document) and available for public inspection except that any portion of the minutes identifying the real estate shall be redacted until such time as the action for acquisition of the real estate is taken, or decision is reached that the proposed acquisition is to be terminated, abandoned or until court actions are to be initiated through the use of condemnation proceedings. (2) Other Executive Sessions. Minutes of executive sessions devoted to any topic other than land acquisition may be maintained by the clerk at the direction of the mayor. Any such minutes shall be maintained in a confidential file and shall not be subject to disclosure, except that disclosure of such portions of minutes identifying real estate to be acquired by the city council may only be delayed until such time as X:\City Clerk\Master Agendas 2007\January 18\Rules of Procedures Document - Amended.doc City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 the acquisition of the real estate has been completed, terminated, or abandoned or court proceedings have been initiated. (d) Mayor or Presiding Officer Affidavit. The mayor or other presiding officer shall execute an affidavit stating, under oath, that the executive session was devoted to topics exempt from the public access requirements. The affidavit shall include the specific exemption to the open meetings law. The affidavit shall be notarized and filed with the minutes of the open meeting. [Cross Reference: O.C.G.A. §§ 50-14-2, 5-14-3 and 50-14-4] Section 3. Visual and Sound Recordings. Visual, sound, and visual and sound recordings shall be permitted for all public hearings. [Cross-reference: O.C.G.A. § 50-14-1(c)] Section 4. Quorum. A quorum must be present for conducting meetings of the city council. A quorum is four (4) members of the city council, including the Mayor. It is the duty of the mayor or presiding officer to enforce this rule. Any council member may raise a point of order directed to the mayor or presiding officer if he or she believes that a quorum is not present. If, during the course of a meeting, a council member or council members leave and a quorum no longer exists, the meeting may not continue. If a quorum is not attained within thirty minutes, the meeting may be rescheduled by the mayor or presiding officer with the approval of the council members present. Section 5. Mayor. The presiding officer of the city council shall be the mayor. As presiding officer, he or she is responsible for the orderly conduct of the meeting. In order to fulfill this duty, the mayor shall enforce the rules of procedure that are adopted by the city council. The mayor shall be impartial and conduct the meetings in a fair manner. The mayor may introduce motions and second motions, including a motion or second to go into executive session as authorized by Section 2 of this ordinance. The mayor shall be a voting member of the elected body. Section 6. Mayor Pro-Tempore. The council shall select a mayor pro-tempore consistent with the process outlined in the City of Milton Charter, sections 3.29 and 3.30. from the council members at the first meeting of the calendar year following each election, provided no runoff election is required. In the event a runoff election is required, a mayor pro-tempore shall be selected at the first meeting after a full mayor and city council are seated. The mayor pro-tem shall fulfill the duties of the mayor if the mayor is not in attendance. Section 7. Presiding Officer. If the mayor and the mayor pro-tem are absent or otherwise unable to serve as presiding officer at a meeting and a quorum of council members are present, the remaining council members shall select a council member to serve as presiding officer of the meeting until either the mayor or mayor pro-tem is present at the meeting. X:\City Clerk\Master Agendas 2007\January 18\Rules of Procedures Document - Amended.doc City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 Section 8. Parliamentarian. The city attorney shall serve as the parliamentarian for city council meetings. Section 9. Amendments to the Rules. Any amendments to the rules of order shall be submitted by a council member in writing to the city manager three business days before a regular meeting of the city council. The proposed amendment shall be included in the agenda for that meeting and distributed to all council members. All amendments require a majority vote of the council to be adopted. Section 10. Suspending the Rules of Order. Rules of order may be suspended in the case of an emergency. A motion to suspend the rules requires a second, is debatable, and requires unamious approval of the council. Rules governing quorums (Section 4), voting methods and requirements (Section 17 and Section 18), the notification to council members of meetings (Section 12(a) and (b)) and rules necessary for compliance with state law may not be suspended; provided, however, that, in the event that a state of emergency is declared by the Governor or other authorized state official, the city council may waive time-consuming procedures and formalities imposed by state law. [Cross-reference: O.C.G.A. § 38-3-54] Section 11. Regular Meetings. Regular meetings of the city council shall be held at 5:30 p.m. on the first and third Thursday of each month. All regular meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. [Cross-reference: O.C.G. A. § 50-14-1(d)] Section 12. Meetings Other Than Regular Meetings. The city council may meet at times and locations other than those regularly scheduled meetings. (a) Special Meetings and Rescheduled Regular Meetings. A regular meeting may be canceled, rescheduled, recessed or moved to a new location within the city site by the mayor and city council for any reason. Other special meetings may be scheduled by the mayor or at the request of at least three (4) council members. Whenever a rescheduled regular meeting or any other special meeting is to be held at a time or place other than the regularly scheduled time or place, written notice of the change shall be posted for at least 24 hours at the regular meeting place. In addition, written or oral notice shall be given by the clerk at least 24 hours in advance of the meeting to the legal organ of the city, as well as to each member of the city governing authority. [Cross-reference: O.C.G.A. § 50-14-1(d)] (b) Meetings With Less Than 24 Hours Notice. When emergency circumstances occur, the city council may hold a meeting with less than 24 hours notice to the public. When such meetings are to be held, the clerk shall provide notice to the legal organ of the city and to each member of the city governing authority as soon as possible. The notice shall X:\City Clerk\Master Agendas 2007\January 18\Rules of Procedures Document - Amended.doc City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 include the subjects expected to be considered at the meeting. In addition, the minutes shall reflect the reason for the emergency meeting and the nature of the notice given to the media. [Cross-reference: O.C.G.A. § 50-14-1-(d)] (c) Meetings During a State of Emergency. When it is imprudent, inexpedient or impossible to hold city council meetings at the regular meeting place due to emergency or disaster resulting from manmade or natural causes, as declared by the Governor or other authorized state official, the city council may meet anywhere within or outside of the city. Such a meeting may be called by the mayor or by any three (3) council members. At the meeting, the council members shall establish and designate emergency temporary meeting locations where public business may be transacted during the emergency. Any action taken in such meetings shall have the same effect as if performed at the regular meeting site. [Cross reference: O.C.G.A. §§ 50-14-1(d), 38-3-54, 38-3-55] (d) Work Sessions. Meetings to discuss City business where no formal votes are taken shall be scheduled in regular intervals to facilitate discussion on important topics. Work Sessions shall be held at 5:30 p.m. on the second Thursday of each month. All work session meetings shall be held at City Hall in the Mayor and Council meeting room. A notice containing the foregoing information shall be posted and maintained in a conspicuous place available to the general public at the regular meeting place of the city council. Public input at work sessions will not be allowed unless specifically requested by the Mayor. Section 13. Order of Business. All regular city council meetings shall substantially follow an established order of business. The order shall be as follows: 1. Call to Order 2. Roll Call 4. Pledge of Allegiance 5. Approval of Meeting Agenda 6. Consent Agenda 7. Reports and Presentations 8. Zoning Agenda 9. First Presentation 10. Unfinished Business 11. New Business 12. Mayor and Council Reports 13. Staff Reports 14. Public Comment 15. Adjournment X:\City Clerk\Master Agendas 2007\January 18\Rules of Procedures Document - Amended.doc City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 Section 14. Agenda. The city manager and city clerk shall prepare an agenda of subjects to be acted on for each meeting. Work session topics and council agenda items shall be submitted consistent with the attached process. The agenda shall be made available to the city council at least one business day before every city council meeting. (a) Requests For Agenda Items. Members of the public may request that a particular subject be placed on the agenda for a meeting. To be considered, this request shall be submitted in writing to the city manager or city clerk. (b) Changing The Agenda. The order of the agenda may be changed during a meeting by a majority vote of the city council. A new item may be added to the agenda by a majority vote of the city council only if it becomes necessary to address the item during the meeting. An existing item may be removed from the agenda by the majority vote of the city council. (c) Agenda Must Be Made Public. The agenda of all matters to come before the city council shall be made available to the public upon request and shall be posted at the meeting site as far in advance as reasonably possible, but not more than two weeks prior to the meeting. Not less than 24 hours prior to the start of the meeting. [Cross-reference: O.C.G.A. §§ 50-14-1(e)(1) and 36-66-4] Section 15. Consent Agenda. A consent agenda may be prepared by the city manager for the city council to adopt motions on routine items. Any items of business that are expected to receive unanimous approval without debate may be placed on a consent agenda. At the appropriate time of the meeting, all of the items on the consent agenda shall be read into public record. If a council member objects to an item being on the consent agenda, the council member shall direct the move of that particular item to the regular agenda through a motion, second, and majority vote. Following the reading of the consent agenda, the mayor may ask for approval of the items on the consent agenda. If there are no objections, all the items on the consent agenda shall be approved by a majority vote of the city council. Section 16. Decorum. All council members shall conduct themselves in a professional and respectful manner. Personal remarks are inappropriate and may be ruled out of order. A council member may not speak at a meeting until he or she has been recognized by the mayor. All comments made by a council member shall address the motion that is being discussed. The mayor shall enforce these rules of decorum. If a council member believes that a rule has been broken, he or she may raise a point of order. A second is not required. The mayor may rule on the question or may allow the city council to debate the issue and decide by majority vote. Section 17. Voting. Passage of a motion shall require the affirmative vote of a majority of those voting at which a quorum is present. Unless otherwise specified in the charter as it pertains to voting by the Mayor, a majority shall mean at least four of the council members present (including mayor). X:\City Clerk\Master Agendas 2007\January 18\Rules of Procedures Document - Amended.doc City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 Section 18. Abstentions. A council member shall vote on all motions unless he or she has a conflict of interest preventing him or her from making a decision in a fair and legal manner. If a conflict of interest does exist, the council member shall explain for the record his or her decision to abstain on any vote. Section 19. Public Participation. Public participation in meetings of the city council shall be permitted in accordance with the provisions of this section. (a) Public Comments. The final agenda item of the meeting shall be reserved for comments from the public. All members of the public wishing to address the city council shall submit their name and the topic of their comments to the city clerk prior to the start of any meeting held by the city council; provided, however, that if the applicants of rezoning actions or individual who wish to oppose a rezoning action has contributed more than $250 to the campaign of a council member who will consider the application, the individual shall file a campaign disclosure form as required by O.C.G.A. § 36-67A- 3(c) at least five calendar days prior to the first hearing by the city council. Individuals may be allotted five minutes to make their comments and those comments shall be limited to their chosen topic. These limits may be waived by a majority vote of the city council. [Cross-reference: O.C.G.A. § 36-67A-3] (b) Public Participation on Agenda Items. The city council may allow public comment on an agenda item at the time the item is being considered by the city council. These comments shall be limited to the subject that is being debated. Members of the public may speak for five minutes and may speak only once. These limits may be waived by a majority vote of the city council. Anyone wishing to speak at any city council meeting must be recognized by the mayor before addressing the city council. (c) Decorum. Members of the public shall not make inappropriate or offensive comments at a city council meeting and are expected to comply with the rules of decorum that are established for council members. Individuals violating any rules of the city council may be ruled out of order by the mayor or on a point of order made by a council member. A majority vote of the city council shall rule on the point of order. An individual violating the rules of decorum may be removed from the meeting at the direction of the mayor. (d) Public Hearings. The city council may schedule public hearings for the purpose of soliciting public comment on any subject of interest to the city council. Hearings may be held immediately prior to, during or following a meeting of the city council or at such other places and times as the city council may determine. Hearings require at least 10 minutes per side. These limits may be waived by a majority vote of the City Council. No official action shall be taken at any such public hearing. Hearings on zoning decisions shall be governed in accordance with the zoning policies and procedures. [Cross-reference: O.C.G.A. §§ 36-66-4 and 36-66-5] X:\City Clerk\Master Agendas 2007\January 18\Rules of Procedures Document - Amended.doc City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 Section 20. Meeting Summary. A summary of the subjects acted upon in a meeting and the names of the council members present at a meeting shall be written and made available to the public for inspection within two business days of the adjournment of the meeting. [Cross-reference: O.C.G.A. § 50-14-1(e)(2)] Section 21. Minutes. The clerk of the city council shall promptly record the minutes for each city council meeting. The minutes shall specify the names of council members present at the meeting, a description of each motion or other proposal made at the meeting, the name of the council member who proposed each motion, the name of the council member who seconded each motion, and a record of all votes (the name of each council member voting for or against a proposal shall be recorded). More detailed information may be included in the minutes at the request of the city council. The city council shall approve the minutes before they may be considered as an official record of the city council. The minutes shall be open for public inspection once approved as official by the city council but in no case later than immediately following the next regular meeting of the city council. A copy of the minutes from the previous meeting shall be distributed to the city council at least one business day before the following meeting. The minutes of the previous meeting shall be corrected, if necessary, and approved by the city council at the beginning of each meeting. A majority vote is required for approval. Conflicts regarding the content of the minutes shall be decided by a majority vote. Upon being approved, the minutes shall be signed by the mayor and attested to by the clerk of the city council. [Cross-reference: O.C.G.A. § 50-14-1(e)(2)] Section 22. Roberts Rules of Order. This document shall serve as the rules and procedures of the Mayor and City Council. In the absence of applicable rules and procedures which may from time to time be encountered during the public meetings, Roberts Rules of Order shall be followed. X:\City Clerk\Master Agendas 2007\January 18\Rules of Procedures Document - Amended.doc