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Packet-04-12-2007
Page 1 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of the Council meetings, please call 678-242-2500. CITY OF MILTON, GEORGIA Joe Lockwood, Mayor CITY COUNCIL Karen Thurman Julie Zahner Bailey Bill Lusk Neal O’Brien Tina D’Aversa-Williams Rick Mohrig Thursday, April 12, 2007 Regular Council Meeting Agenda 7:00 PM INVOCATION - Pastor John Wolfe, Birmingham United Methodist Church 1) CALL TO ORDER 2) ROLL CALL 3) PLEDGE OF ALLEGIANCE (Led by the Mayor) (Agenda Item No. 07-216) 4) APPROVAL OF MEETING AGENDA (add or remove items from agenda) 5) PUBLIC COMMENT 6) REPORTS AND PRESENTATIONS 1. Georgia Cities Week Proclamation. (Presented by Mayor Joe Lockwood) 2. Special Presentation from Waste Management. (Presented by Bill Doughty, Communications Manager) 3. Introduction of Babs Abubakari, Georgia Department of Transportation, State Consultant Design Engineer. 7) CONSENT AGENDA (Agenda Item No. 07-176) 1. Approval of the January 11, 2007 Special Called Meeting Minutes. MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 12, 2007 - 7:00 PM Page 2 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of the Council meetings, please call 678-242-2500. (Agenda Item No. 07-218) 2. Approval of the February 8, 2007 Work Session Minutes. (Agenda Item No. 07-219) 3. Approval of the February 21, 2007 Special Called Work Session Minutes. (Agenda Item No. 07-220) 4. Approval of the March 1, 2007 Regular Meeting Minutes. 8) ZONING AGENDA (none at this time) 9) FIRST PRESENTATION (Agenda Item No. 07-221) 1. Approval of an Ordinance Amending Chapter 12, Offenses and Violations, Article 2, False Alarms, of the Code of Ordinances of the City of Milton, Georgia. (Presented by Carol Wolfe, City Treasurer) (Agenda Item No. 07-222) 2. Approval of an Ordinance Amending Chapter 7, Alcoholic Beverages of the Code of Ordinances of the City of Milton, Georgia. (Presented by Carol Wolfe, City Treasurer) (Agenda Item No. 07-223) 3. Approval of an Ordinance Amending Chapter 10, Taxation, Article 2 of the Code of Ordinances of the City of Milton, Georgia. (Presented by Carol Wolfe, City Treasurer) (Agenda Item No. 07-224) 4. An Ordinance Amending Chapter 6, Ethics and Standards of Conduct, of the City of Milton Code of Ordinances (Presented by Aaron Bovos, City Manager) (Agenda Item No. 07-225) 5. An Ordinance Establishing Noise Control within the City of Milton, Georgia. (Presented by Chris Lagerbloom, Public Safety Director) (Agenda Item No. 07-226) 6. An Ordinance creating the Comprehensive Land Use Plan Task Force. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-227) 7. Zoning Case No. RZ07-002, Text Amendments to the City of Milton Zoning Ordinance, Chapter 33, Signs; Chapter 12G, State Route 9 Overlay District; Chapter 12H(1).2, Crabapple Crossroads of the NW Fulton Overlay District; Chapter 12H, NW Fulton Overlay District. (Presented by Tom Wilson, Community Development Director) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 12, 2007 - 7:00 PM Page 3 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of the Council meetings, please call 678-242-2500. 10) UNFINISHED BUSINESS (Agenda Item No. 07-199) 1. Approval of an Ordinance to Adopt the Bond Schedule for Municipal Court and State Law Violations. (Second Reading) (Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 07-200) 2. Approval of an Ordinance to adopt the Uniform Rules of the City of Milton Municipal Court, Code of Conduct for Non-Judicial Court Employees, and Indigent Defense Plan. (Second Reading) (Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 07-201) 3. Approval of an Ordinance to Amend Chapter 4, Municipal Court of the City of Milton Code of Ordinances. (Second Reading) (Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court) (Agenda Item No. 07-202) 4. Approval of an Ordinance Amending Chapter 11, Business Licensing of the Code of Ordinances to Adopt Regulations for Licensing of Bail Bondsmen. (Second Reading) (Presented by Jeanette Marchiafava, City Clerk and Clerk of the Court) 11) NEW BUSINESS (Agenda Item No. 07-228) 1. Consideration of an abandonment of Right-of-Way for the Manor Subdivision Phase 2E and Long Street. (Presented by Abbie Jones, Transportation Engineer) (Agenda Item No. 07-229) 2. Approval of a Resolution Appointing Mark E. Scott of Jarrard and Davis as City Attorney for the City of Milton, Georgia. (Presented by Joe Lockwood, Mayor) (Agenda Item No. 07-230) 3. Approval of a Resolution Amending Resolution No. 07-02-015, Appointing Members to the City of Milton Construction Board of Adjustment and Appeals for Districts 2, 4, and 6. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-231) 4. Approval of a Resolution Approving the Fiscal Year 2007 Work Plan for the City of Milton, Georgia, As Amended. (Presented by Aaron Bovos, City Manager) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 12, 2007 - 7:00 PM Page 4 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of the Council meetings, please call 678-242-2500. (Agenda Item No. 07-232) 5. Approval of a Resolution Amending the Boards and Commissions Schedules. (Presented by Tom Wilson, Community Development Director) (Agenda Item No. 07-233) 6. Approval of an Intergovernmental Agreement (IGA) between the City of Milton and the City of Alpharetta for custodial services of property and evidence. (Presented by Chris Lagerbloom, Public Safety Director) (Agenda Item No. 07-234) 7. Approval of an Intergovernmental Agreement (IGA) between the City of Milton and the City of Alpharetta for GCIC services. (Presented by Chris Lagerbloom, Public Safety Director) (Agenda Item No. 07-235) 8. Approval of a Resolution regarding meetings times. (Rick Mohrig, Councilmember) (Agenda Item No. 07-236) 9. Approval of a Resolution for a Fireman’s fund grant application. (Presented by Carol Wolfe, City Treasurer) (Agenda Item No. 07-237) 10. Consideration of a Resolution approving a Change Order to the CH2M Hill Contract to add Information Technology and Human Resources Support for the City of Milton Public Safety Department. (Presented by Carol Wolfe, City Treasurer) (Agenda Item No. 07-212) 11. Approval of Monthly Invoice for Legal Fees for February 2007. (Presented by Carol Wolfe, City Treasurer) 12) MAYOR AND COUNCIL REPORTS 1. Discussion of an Ordinance Creating City Council Committees. (Joe Lockwood, Mayor) 2. Discussion on Mast Arms at Kings Ridge School. (Tina D’Aversa-Williams, Councilmember) 3. Annexation Update. (Karen Thurman, Councilmember) 13) STAFF REPORTS 1) Inter-Basin Transfer of Sewer for Dennis Potts. (Tom Wilson) MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 12, 2007 - 7:00 PM Page 5 of 5 Milton City Hall City Council Chambers 13000 Deerfield Parkway, Building 100 Milton, GA 30004 If you need the City to provide special accommodations in order to participate in any of the Council meetings, please call 678-242-2500. 2) Retreat Update (Carol Haag) 3) Update on the FY 2007 Work Plan and Comprehensive Land Use Plan (Tom Wilson) 4) Georgia Municipal Association (GMA) Georgia Cities Week Update (Linda Blow) 5) Discussion of Fulton County Pritchard Mountain Water Tower (Greg Wilson and Chris Browning, Fulton County) (Agenda Item No. 07-238) 14) ADJOURNMENT WHEREAS, city government is the closest to most citizens, and the one with the most direct daily impact upon its residents; and WHEREAS, city government is administered for and by its citizens, and is dependent upon public commitment to and understanding of its many responsibilities; and WHEREAS, city government officials and employees share the responsibility to pass along their understanding of public services and their benefits; and WHEREAS, Georgia Cities Week is a very important time to recognize the important role played by city government in our lives; and WHEREAS, this week offers an important opportunity to spread the word to all the citizens of Georgia and they can shape and influence this branch of government which is closest to the people; and WHEREAS, the Georgia Municipal Association and its members cities have joined together to teach students and other citizens about municipal government through a variety of different projects and information; and WHEREAS, Georgia Cities Week offers an important opportunity to convey to all the citizens of Georgia that they can shape and influence government through their civic involvement. NOW, THEREFORE, we, the Mayor and Council hereby recognize and proclaim April 22 – 28, 2007, as GEORGIA CITIES WEEK in the City of Milton and encourage all citizens, city government officials and employees to recognize this week and celebrate it accordingly. Given under my hand and the Seal of the City of Milton, Georgia on this 12th day of April, 2007. _____________________________ Joe Lockwood, Mayor (Seal) MINUTES WILL BE PROVIDED ELECTRONICALLY MINUTES WILL BE PROVIDED ELECTRONICALLY MINUTES WILL BE PROVIDED ELECTRONICALLY MINUTES WILL BE PROVIDED ELECTRONICALLY City of Milton ,= A� 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 n� TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: An Ordin nce Amending Chapter 12, Article 1, Offenses and Violations, False Alarms of the Code of Ordinances for the City of Milton, Georgia MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: {Attach additional pages if necessary} See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED (} NOT APPROVED CI TY A TTORNE Y APPROVAL REQUIRED: 4M YES ()NO APPROVAL BY CI TY A TTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS: L- 12, 2,W-7 City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on March 9 for April 12, 2007 City Council Meeting Agenda Item: Approval Revisions to Chapter 12, Article 2 Code of Ordinances – Offenses and Violations, False Alarms. CMO (City Manager’s Office) Recommendation: Approve the recommended revisions to the ordinance governing Offenses and Violations, specifically Article 2 regarding false alarms. Background: City of Milton Ordinance Chapter 12, Article 2 allows for the registration, implementation and enforcement of monitored alarm systems. The original ordinance was approved by the City Council on November 21, 2006. Subsequent to that approval, the Department of Operations and Public Safety Department have put into place business processes and procedures to effectively register alarm systems and prepare for monitoring and enforcement of the Article upon deployment of public safety services. During the implementation of the ordinance provisions, staff has realized that sections of the ordinance require revision. Discussion: The major changes reflected in the revision to Chapter 12 include: 1) The clarification of an alarm system. Throughout the ordinance, a “burglar” alarm has been changed to a “monitored” alarm system to allow for the enforcement of false alarms for both criminal and fire emergency calls. 2) Clarification of the registration process and fee schedule. Concurrent Review: Aaron Bovos, City Manager Chris Lagerbloom, Public Safety Director ORDINANCE NO. 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 _____ 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 ____day of April, 2007. __________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) Page 1 of 27 Chapter 12: Offenses and Violations Article 1: General Prohibitions. Section 1: Disorderly Conduct. (a) It shall be unlawful for any person to disturb or endanger the public peace or decency by any disorderly conduct. (b) The following acts, among others, are declared to be disorderly conduct: (i) Act in a violent or tumultuous manner toward another whereby any person is placed in fear of the safety of such person’s life limb or health; (ii) Act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged or destroyed; (iii) Cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another; (iv) Assemble or congregate with another or others for the purpose of gaming; (v) Be in or about any place, alone or with others, with the purpose of or intent to engage in any fraudulent scheme, trick or device to obtain any money or valuable thing’ or to aid or abet any person doing so; (vi) Be in or about any place where gaming or illegal sale or possession of alcoholic beverages or narcotics or dangerous drugs are practiced, allowed or tolerated, for the purpose of or intent to engage in gaming or the purchase, use, possession or consumption of such illegal drugs, narcotics or alcohol; (vii) Direct fighting words toward another, that is, words which by their very nature tend to incite an immediate breach of the peace; (viii) Interfere, by acts of physical obstruction, with another’s pursuit of a lawful occupation; (ix) Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic, and to fail to clear that public way after being ordered to do so by a city police officer or other lawful authority; (x) Stand or remain in or about any street, sidewalk, overpass, or public way so as to impede the flow of vehicular or pedestrian traffic, and to fail to clear such street, sidewalk, overpass or public way after being ordered to do so by a police officer or other lawful authority; (xi) Disrupt by actions which tend to cause an immediate breach of the peace the undisturbed activities of any house of worship, hospital, or home for the elderly; or Page 2 of 27 (xii) Throw bottles, paper, cans, glass sticks, stones, missiles, or any other debris on public property. Section 2: Offenses against public morals (a) House of ill fame. (i) A person, having or exercising control over the use of any place or conveyance within the city which would offer seclusion or shelter for the practice of prostitution, commits the offense of keeping a place of prostitution when such person knowingly grants or permits the use of such place for the purpose of prostitution; (ii) Those places or conveyances which have been adjudged to be places of prostitution as provided in this code may be abated as also provided in this code. (b) Solicitation for an illicit sexual act. (i) It shall be unlawful for any person, while in any place open to the public and whether as a pedestrian or in a motor vehicle, to offer or consent to perform any illicit sexual act for money or any other thing of value. Furthermore, it shall be unlawful for any person while in a place open to the public and whether a pedestrian or in a motor vehicle, to attempt to induce, entice, solicit, pander, purchase or procure another to commit any illicit sexual act for money or other things of value. An illicit sexual act is defined as one or more of the following: (1) Prostitution (2) Sodomy for hire (3) Masturbation for hire Any person engaging in violation of this Code section shall be guilty of the offense of Idling and loitering for the purposes of committing an illicit sexual act. (ii) For purposes of sub section (i), any person shall include solicitors of illicit sexual acts or panderers, who solicit, procure or purchase another to perform any illicit sexual act in exchange for money or other things of value, and who are commonly referred to as “johns” or “tricks”. (c) Criminal impersonation (i) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Page 3 of 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 café. Open containers of alcoholic beverages shall only be transported into or out of outdoor dining areas by the licensee’s working employees as part of their work duties. (c) Disorderly Conduct while under the influence. (i) Acts constituting violation. It shall be unlawful for any person within the corporate limits of the city to be disorderly while under the influence on the Page 4 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. (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 5 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. (ii) The prohibitions contained in subsections (1), (2) and (4) of this subsection shall not apply with respect to the sale, purchase or possession of alcohol beverages for consumption: a. For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state; or b. At a religious ceremony. (iii) The prohibition contained in subsection (1) of subsection (i) of this section shall not apply with respect to sale of alcoholic beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcoholic beverage is sold is twenty-one (21) years of age or older. For purposes of this subsection, the term “proper identification” means any document issued by a governmental agency containing a description of the person, such person’s photograph, or both, and giving such person’s date of birth and includes, without being limited to, a passport, military identification card, driver’s license, or an identification card authorized under O.C.G.A. §§ 40-5-100 through 40-5-104. “Proper identification” shall not include a birth certificate. (iv) If such conduct is not otherwise prohibited pursuant to O.C.G.A. § 3-3-24, nothing contained in this section shall be construed to prohibit any person under twenty-one (21) years of age from: a. Dispensing, serving, selling or handling alcoholic beverages as a part of employment in any licensed establishments; b. Being employed in any establishment in which alcoholic beverages are distilled or manufactured; or c. Taking orders for and having possession of alcoholic beverages as a part of employment in a licensed establishment. Page 6 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 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 Page 7 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 charges. If the person charged shall fail to appear as required, the judge, having jurisdiction of the offense may issue a warrant or other order directing the apprehension of such person and commanding that such person be brought before the court to answer the charges contained within the citation and the charge of such person’s failure to appear as required. Nothing in this subsection shall be construed to invalidate an otherwise valid arrest by citation of a person who is intoxicated. Section 5: Vandalism. (a) Public Property (i) It is unlawful for any person to vandalize, deface, or in any way alter the appearance or operation of any public property or park in the City. (ii) No person shall spit on the floors, walls, or other parts of any public building in the City. (b) Private Property (i) It is unlawful for any person to vandalize, deface, or in any way alter the appearance or operation of any private property without the consent of the owner. (ii) This subsection shall not be construed as affecting any remedy the private property owner may have at law. Section 6: Graffiti. (a) Purpose and Intent. (i) Graffiti promotes blight in the neighborhoods in which it occurs and encourages similar acts of vandalism. Without prompt removal of graffiti, other properties become the target of graffiti and entire neighborhoods are affected and become less desirable places in which to live and work. (ii) The Council members of the City of Milton, in the interest of public health, safety, and welfare further find and declare that to be truly effective in the deterrence, eradication, and removal of graffiti, it is necessary to implement a comprehensive anti-graffiti ordinance. (b) Definition. “Graffiti” means the defacing, altering, modifying, changing, drawing, damaging, or destroying by spraying or use of paint, or marking of ink, dye, or any other similar substances on public and/or private buildings, structures, and places, an inscription, slogan, drawing, or modification. (c) Prohibited Acts. Page 8 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 9 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 meals; or other similar activities. Page 10 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. (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 11 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 12 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 13 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) “Burglar 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) “Burglar 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 burglar 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 burglar 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 burgular 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 burglar 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 14 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 burglar 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 burglar 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 burglar monitored alarm system, the alarm user or monitoring company shall provide the following information to the Chief of Police 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 City Council. twenty-five dollar ($25.00) alarm registration processing fee; (b) Any changes in the information set forth in subsection (a) of this section must be reported to the Chief of Police City Treasurer’s office within five (5) business days. burglarMonitored alarm users utilizing alarm systems installed prior to the effective date of this Article shall provide the information set forth in subsection (a) of this section to the Chief of Police City Treasurer’s office no later than sixty (60) days following such effective date. Page 15 of 27 (c) All alarm systems installed before incorporation of the City of Milton shall be registered with the Chief of Police City Treasurer’s office within six (6) months after the effective date of this Article. Section 4: Deactivation Mechanism Required. No burglar 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 burglar monitored alarm user to cause, allow or permit three or more false alarms in any calendar year. It shall also be a violation of this Article for any burglar 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 burglar 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) days following the installation of the burglar monitored alarm system. Page 16 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 17 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 18 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 19 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; penalty. (a) It is declared to be an offense for any owner, agent, or tenant to maintain a nuisance. Each day a nuisance is continued shall constitute a separate offense. Following five (5) days after receipt of certified written notice to the property owner, agent, or tenant, a citation may be issued by the City. (b) Penalties for the first violation of this code section shall be a minimum fine of one hundred dollars ($100.00). The penalty for second violations of the same provisions of this code section by the same owner or tenant shall be a minimum fine of five hundred dollars ($500.00). Third or repeat violations of the same provisions of this code section by the same owner or tenant shall be a minimum fine of one thousand dollars ($1,000.00). (c) Unless otherwise specified, no penalty issued for a violation of this Article shall be inconsistent with the provisions set forth in Chapter 1, General Provisions, Article 3, Violations, Section 1 of this Code of Ordinances. Article 4: Animals. Page 20 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: Disposal of Deceased Animals. No person shall place any dead animal upon his or her premises or upon the premises of any other person or allow any dead animal to remain upon his or her premises or any dead animal belonging to the person to remain upon the premises of another without disposing of same or causing the animal to be properly removed or disposed of within 24 hours. Section 3: Removal of canine fecal matter. (a) It is unlawful for any person owning, possessing, harboring, or having care, charge, control, or custody of any dog not to remove any feces left by that dog on any sidewalk, gutter, street, lot, public park, or other public area or public property. (b) Dog waste shall be immediately removed by placing said matter in a closed or sealed container and thereafter disposing of it in a trash receptacle, sanitary disposal unit, or other closed or sealed refuse container. (c) Each and every violation of this code section shall be punishable to the extent provided by Chapter 1, General Provisions, Article 3, Violations, Section 1 of this Code of Ordinances. (d) This section shall not apply to visually impaired persons who have the charge, control, or use of a guide dog. Article 5: Air Pollution Control. Section 1: Authority. This article is hereby established in conformance with the federal "Air Quality Act of 1967" (P.L. 90-148) and with the Georgia Air Quality Act (O.C.G.A. §12-9-1) and by the authority vested in the city council by law. Section 2: Purpose. The purpose of this article is to provide minimum standards or regulations in conjunction with state and federal law to safeguard life, health, property and the public welfare of the citizens of the city and others from the effects of air pollution and air contamination. Section 3: Open Burning Page 21 of 27 (a) When permitted. Open burning is prohibited in all zoning districts other than agricultural districts except under the following circumstances and conditions: (1) Open burning in a reasonable fashion for the purpose of cooking food for immediate human consumption is allowed; and (2) Bonfires, recreation fires or fires used for promoting an outdoor event are allowed, provided fires in excess of three feet across are subject to permitting by the fire department; and (3) Warming fires in barrels of fifty-five gallon capacity or less are allowed at construction sites, provided that the outside temperature is fifty (50) degrees Fahrenheit or less and the fire does not produce dense smoke or obnoxious odors. Untreated wood or lumber shall be the only material or substance allowed in a warming fire. Warming fires must be attended and are authorized only at sites where no certificate of occupancy has been issued. It is specifically declared the responsibility of all city building inspectors and other enforcement personnel to assist the fire marshal in the regulation and enforcement of these warming fire provisions; and (4) Fires set for purposes of training firefighting personnel of the city are allowed. (b) Burning under hazardous conditions. The fire marshal may prohibit any open burning when atmospheric conditions or local circumstances make such burning hazardous. (c) Liability of applicant. Nothing herein shall be construed to limit the liability of the landowner/applicant for any damages caused as a result of fire. Section 4: Prohibited Acts. No person shall discharge, or cause to be discharged, from any source whatsoever such quantities of air contaminants or other materials which cause injury, detriment, nuisance, or annoyance to any considerable number of persons or to the public, or which endanger the comfort, repose, health, or safety of any such person or the public, or which cause, or have a natural tendency to cause, injury or damage to humans or property. Section 5: Materials Handling; Construction and Demolition. (a) Any material which may create air pollution as the result of dispersal during transport shall be so treated prior to transport or so enclosed during transport, as to effectively prevent air pollution during transport. (b) Effective measures shall be employed to prevent air pollution resulting from the dispersal of materials from premises, from stockpiles or from accumulations incidental to manufacture, handling or storage. Page 22 of 27 (c) Effective measures shall be applied to prevent air pollution resulting from the demolition of buildings or equipment, the clearing of land, the preparation of sites for construction or from the construction of buildings or the installation of equipment. Section 6: Notice of Violation. Should a code enforcement officer, building inspector or other authorized person find the violation of any provision of this regulation to exist, he shall give notice of the violation in writing to the person responsible, specifying the nature of the violation and a reasonable time for correcting it. Delivery of the notice may be effected by mail or by personal delivery. Section 7: Violations. Any person who shall violate any of the provisions of, or who fails to perform any duty imposed by, this article shall be punished as prescribed in section 1-1-3 and, in addition thereto, may be enjoined from continuing the violation. Each day a violation occurs shall constitute a separate offense Article 6 Miscellaneous Offenses. Section 1: Unauthorized persons entering school buildings. No person shall enter or remain in any public, private or parochial school building between the hours of 7:30 a.m. and 6:00 p.m. on days that school is in session, or until 10:00 p.m. at those schools which have extended sessions, who is not a regularly-enrolled student, teacher or employee at that school, unless the person shall have first and immediately proceeded to the administrative offices and been identified to the principal or the principal’s agent and received written permission to remain on the premises. Section 2: Unauthorized persons not to remain in school buildings when requested to leave. It shall be unlawful for any person to enter and remain in any public, private or parochial school or on surrounding school grounds after being directed to leave by the principal of the school or designated agent. Section 3: Creating a disturbance at schools. It shall be unlawful for any person to create a disturbance in any private, public or parochial school or on the surrounding school grounds or on the fields or grounds lawfully used for school activities while such recreational areas are in use or other activities within the school or school activities on the school grounds or fields while such activities are in progress thereon. Page 23 of 27 Section 4: Begging and soliciting alms by accosting or forcing oneself upon the company of another. (a) Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Accosting means approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his/her person, or upon the property in his/her immediate possession. Ask, beg or solicit means and includes, without limitation, the spoken, written or printed word or such other acts as are conducted in furtherance of the purpose of obtaining alms. Forcing oneself upon the company of another means continuing to request, beg or solicit alms from a person after that person has made a negative response, blocking the passage or the individual addressed or otherwise engaging in conduct which could reasonably be construed as intended to compel or force a person to accede to demands. (b) Exceptions: Except when performed in the manner set forth in subsections (d)(1) or (d)(2) of this section, or in any of the locations set forth in subsections (c)(1), (c)(2), (c)(3), (c)(4), (c)(5), (c)(6), (c)(7), (c)(8) or (c)(9) of this section, it shall not be unlawful to ask, beg or solicit money or other things of value. (c) Location: It shall be unlawful for any person to solicit money or other things of value: (1) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; (2) Within fifteen (15) feet of the entrance to or exit from any public toilet facility; (3) Within fifteen (15) feet of an automatic teller machine, provided that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; (4) Within fifteen (15) feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility; Page 24 of 27 (5) In any public transportation vehicle, or in any bus or subway station, or within fifteen (15) feet of any bus stop or taxi stand; (6) From any operator of a motor vehicle that is in traffic on a public street; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the owner or passengers of such vehicle; (7) Within fifteen (15) feet of any valid vendor location as defined in Chapter 12 of the City Code; (8) From any person(s) who are waiting in line for entry to any building, public or private, including, but not limited to, any residence, business or athletic facility; (9) Within fifteen (15) feet of the entrance or exit from a building, public or private, including, but not limited to, any residence, business, or athletic facility. (d) Manner: It shall be unlawful for any person to solicit money or other things of value: (1) By accosting another; or (2) By forcing oneself upon the company of another. (e) Who may press charges: Persons who may press charges under this Code section include not only the victim of the prohibited solicitation, but also any person who witnesses such conducted, including, but not limited to, police officers, security officers, hotel personnel, and bystanders. Evidence to support conviction for violation of this Code section may include, but is not limited to, the testimony of such witness or witnesses, videotape evidence of the violation, and/or other admissible evidence. Section 5: Treasure hunts. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Treasure hunts means advertising campaigns conducted for the purpose of promoting the sale of any merchandise, commodity or service of any business or profession conducted for private or corporate gain, whereby some article, thing or token is hidden within the corporate limits of the city and clues as to the locations of such article, thing or token are given by any form of advertising, either by newspaper, radio or television or in any other manner, but shall not include private social parties involving no element or commerce or gain. Page 25 of 27 (b) It shall be unlawful for any person to conduct or aid and abet in the conducting of any treasure hunt as defined in this section, within the corporate limits of the city. Section 6: Moving household goods at night. It shall be unlawful for any person to move or transport household goods and furnishings from one place of residence to another between the hours of sunset and sunrise without first having obtained a permit to do so from the police chief. All applications for permits shall be filed more than twenty-four (24) hours prior to the time of actual moving. Section 7: Residential picketing. (a) Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: Picket or picketing shall refer to the following types of activity: (1) To patrol or station oneself at a residence, bearing some insignia or sign designed to persuade or protest; (2) Staging a public or private protest of any kind; (3) Obstructing passage to or from a residence; or (4) Promoting a strike or a boycott at an individual residence. (b) It shall be unlawful for any person to picket or engage in picketing upon, before or about the private residence or home of any individual. (c) Any person who is found guilty of violating this section shall be penalized as provided in the General Penalties. Section 8: False representations to police or any city department. It shall be unlawful for any person, knowingly and willfully and with intent thereby to mislead, either in such person’s own behalf or in behalf of others, as principal or as agent, to make or file orally or in writing any false representations of fact to any police officer of the city or to any department of the city government. Section 9: Day Labor Prohibitions. It shall be unlawful for any person to: (a) pick up or hire day laborers on private property without the permission of the property owner; or Page 26 of 27 (b) assemble on private property for the purpose of soliciting work as a day laborer without the permission of the property owner and after having been directed to cease such action by the property owner or other lawful authority. Section 10: 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) To the average person, applying contemporary community standards, taken as a 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, leasing, giving, advertising, publishing, exhibiting, or otherwise disseminating the material was restricted to: Page 27 of 27 (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 (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. City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: An Ordinance Amending Chapter 7, Alcoholic Beverages of the Code of Ordinances for the City of Milton, Georgia MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: (V APPROVED CITY ATTORNEY APPReVA REQUIRED: ( YES APPROVAL BY CITY ATTORNEY ()APPROVED PLACED ON AGENDA FOR: n 4j(— 'Z7 REMARKS: � () NOT APPROVED () NO () NOT APPROVED City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on March 9 for April 12, 2007 City Council Meeting Agenda Item: Approval Revisions to Chapter 7 Code of Ordinances – Alcohol Beverage Licenses CMO (City Manager’s Office) Recommendation: Approve the recommended revisions to the ordinance governing Alcohol Beverage Licensing. Background: City of Milton Ordinance Chapter 7 allows for the issuance of Alcohol Beverage Licenses to businesses that properly submit application for and meet all the legal requirements to hold such license. The original ordinance was approved by the City Council on November 21, 2006. Subsequent to that approval, the Department of Operations put into place business processes and procedures to effectively issue Alcohol Beverage Licenses in compliance with the ordinance. During the implementation of the ordinance provisions, staff has realized that sections of the ordinance require revision and in several areas, additions to ordinance are also recommended. Discussion: The major changes reflected in the revision to Chapter 7 include: 1) Addition of the advertising requirements as part of the new license application process 2) Deletion of the appointment of an Alcohol License Review Board and the addition of the recognition of the Mayor and Council as the review board and deleting all reference to board member expiration 3) Deletion of all reference to fingerprint requirements as part of new applications, renewal applications and pouring permits 4) Deletion of all reference to noise prohibitions – this item is covered in the City’s separate noise ordinance 5) Minor clarifications to the pouring permit application process 6) Clarification regarding the issuance of a temporary pouring permit for a special event Concurrent Review: Aaron Bovos, City Manager Chris Lagerbloom, Public Safety Director Page 1 of 42 Chapter 7: Alcohol Beverages ARTICLE 1: General Provisions Section 1: Sale in city; license a privilege (a) Alcohol beverages may be sold in the City under a license granted by the Mayor and City Council upon the terms and conditions provided in this section. (b) All licenses in this chapter shall be a mere grant of privilege to carry on the business during the term of the license, subject to all terms and conditions imposed by this Code and state law. (c) All licenses pursuant to this chapter shall have printed on the front these words: "This license is a mere privilege subject to be revoked and annulled, and is subject to any further ordinances which may be enacted." (d) Any holder of a license issued pursuant to this chapter is required to apply for and obtain an alcohol beverage license from the state before any sales commence. Additionally, City licensees are required to abide by all applicable state regulations and laws. State law references: Permit or license from governing authority required for wholesale or retail sales of alcohol beverages; due process guidelines; fingerprints, O.C.G.A. § 3-3-2. Section 2: Definitions The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) “Alcohol” means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. (b) “Alcohol beverage” means and includes all alcohol, distilled spirits, beer, malt beverage, wine or fortified wine as defined in this section. (c) “Beer or malt beverage” means any alcohol beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other product, or any combination of such products in water containing not more than six percent alcohol by volume, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. Also included are beverages known as "non-alcohol" beer," which is made by fermentation of any infusion or decoction of barley, malt, hops, or other products, and containing less than three percent, but more than one-tenth percent (0.1%) alcohol by volume. The term "malt beverage" does not include sake, known as Japanese rice wine. (d) “Bottle house” means any place of business open to the public or any private club which allows guests, patrons or members to bring in and consume the guest’s, patron’s or member’s alcohol beverages on the premises. Page 2 of 42 (e) “Brewpub” means any eating establishment in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3- 5-36 for retail consumption on the premises and solely in draft form. As used in this article, the term “eating establishment” means an establishment which is licensed to sell distilled spirits, malt beverages, or wines and which derives at least fifty (50) percent of its annual gross food and beverage sales from the sale of prepared meals or food. (f) “Distilled spirits or spirituous liquor” means any alcohol beverage obtained by distillation or containing more than 21 percent alcohol by volume including, but not limited to, all fortified wines. (g) “Eating establishment” means any public place, including a place available for rental by the public, selling prepared food for consumption by the public on the premises with a full service kitchen. A full service kitchen will consist of a three-compartment pot sink, a stove or grill permanently installed, and refrigerator all of which must be approved by the health and fire departments. An eating establishment will be prepared to serve food every hour they are open and will derive as least fifty percent (50%) of its annual gross food and beverage sales from the sale of prepared meals or food. (h) “Fortified wine” means any alcohol beverage containing more than twenty-one percent (21%) alcohol by volume made from fruits, berries, or grapes, either by natural fermentation or by natural fermentation with brandy added. Fortified wine includes, but is not limited to, brandy. (i) “Governing authority” means the Mayor and City Council of Milton, Georgia. (j) “Hotel” means any building or other structure providing sleeping accommodations for hire to the general public, either transient, permanent, or residential. Such hotels shall maintain a minimum of fifty (50) rooms available for hire and have one or more public dining rooms with an adequate kitchen. Motels meeting the qualifications set out in this definition for hotels shall be classified in the same category as hotels. Hotels shall have the privilege of granting franchises for the operation of any licensed establishment described in this chapter and the holder of such franchise shall be included in the definition of a hotel pursuant to this definition. (k) “License” means an authorization granted by the City to operate as a retail consumption dealer, retail package dealer or wholesale dealer. (l) “Licensee” means the individual to whom a license is issued or, in the case of a partnership or corporation, all partners, officers, and directors of the partnership or corporation. (m) “Liter” means metric measurement currently used by the United States. (n) “Manufacturer” means any maker, producer, or bottler of an alcohol beverage. Manufacturer also means: in the case of distilled spirits, any person engaged in distilling, rectifying, or blending any distilled spirits; in the case of malt beverage, any brewer; in the case of wine, any vintner. Page 3 of 42 (o) “Package” means a bottle, can, keg, barrel, or other original consumer container. Retail package alcohol beverages shall include all alcohol beverages in their original container, sold at retail to the final consumer, and not for resale. (p) “Person” means any individual, firm, partnership, cooperative, nonprofit membership corporation, joint venture, association, company, corporation, agency, syndicate, estate, trust, business trust, receiver, fiduciary, or other group or combination acting as a unit, body politic, or political subdivision, whether public, private, or quasi-public. (q) “Pouring permit” means an authorization granted by the City to dispense, sell, serve, take orders, or mix alcohol beverages in establishments licensed as a retail consumption dealer. (r) “Retail consumption dealer” means any person who sells alcohol beverages for consumption on the premises, at retail, only to consumers and not for resale. (s) “Retail package dealer” means any person who sells unbroken packages, at retail, only to consumers and not for resale. (t) “Wholesaler or wholesale dealer” means any person who sells alcohol beverages to other wholesale dealers, to retail dealers, or to retail consumption dealers. (u) “Wine” means any alcohol beverage containing not more than twenty-one percent (21%) alcohol made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with brandy added. Wine includes, but is not limited to, all sparkling wines, champagnes, combinations of such beverages, vermouths, special natural wines, rectified wines, and like products. The term "wine" does not include cooking wine mixed with salt or other ingredients so as to render it unfit for human consumption as a beverage. A liquid shall first be deemed to be a wine at the point in the manufacturing process when it conforms to the definition of wine contained in this section. Section 3: Penalties for Violations of Chapter Any person who violates any provisions of the sections in this chapter may, upon conviction, be punished by a fine of not less than three hundred dollars ($300.00) for each offense and/or up to thirty (30) days in the City Jail, unless a different penalty is set out in specific sections of this chapter. Section 4: Sale or possession for sale without license or beyond boundaries of premises covered by license It shall be unlawful for any person to sell or possess for the purpose of sale any alcohol beverage where the person does not have a license granted by the City to sell or possess for sale these alcohol beverages, or to sell or make deliveries beyond the boundaries of the premises covered by the license. Violations of this section shall result in a fine of not less than three hundred dollars ($300.00) and/or thirty (30) days in jail. Page 4 of 42 Section 5: Distance requirements (a) No person may sell or offer to sell any distilled spirit in or within one hundred (100) yards of a church building or within two hundred (200) yards of any school building, educational building, school grounds, or college campus. (b) No person may sell or offer to sell any wine or malt beverage within one hundred (100) yards of any school building, school grounds, or college campus. (c) As used in this section, the term "school building" or "educational building" shall apply only to state, county, city, or church school buildings and to such buildings at such other schools in which are taught subjects commonly taught in the common schools and colleges of this state and which are public schools and private schools as defined in O.C.G.A. § 20-2-690(b). The term "school building" includes only those structures in which instruction is offered. (d) The term "church building" as used in this section shall mean the main structure used by any religious organization for purposes of worship. (e) For purposes of this section, distance shall be measured by the most direct route of travel on the ground and shall be measured in the following manner: (1) From the main entrance of the establishment from which alcohol beverages are sold or offered for sale; (2) In a straight line to the nearest public sidewalk, walkway, street, road or highway by the nearest route; (3) Along such public sidewalk, walkway, street, road or highway by the nearest route; (4) To the main entrance of the church building, or to the nearest portion of the school grounds. (f) No location which is licensed to sell alcohol beverages on the effective date of the ordinance from which this section derives shall be denied continued operation under an existing license, nor shall any new owner of the location be denied a new license based upon the measurements set forth in this Section 5. (g) As to any location licensed in the future, if the distance requirements in this section are met at the time of issuance of any license, the subsequent opening and operation of a church or school within the distance prohibited in this section shall not prevent the continuance of an existing license or the issuance of a new license to any subsequent owner of such property. Provided, however, that the distance requirements herein shall not apply at any location for which a new license is applied for if the sale of alcohol beverages was lawful at such location at any time during the 12 months immediately preceding such application. State law references: Sales of alcohol beverages near churches, schools or college campus, O.C.G.A. § 3-3-21. Page 5 of 42 Section 6: Temporary licenses for the sale of alcohol beverages (a) The City Manager is hereby authorized to issue temporary licenses for the sale of alcohol beverages, either malt beverages and wine or distilled spirits, subject to the conditions set forth in this section. (b) Temporary licenses may be issued for such period as may be determined by the City Manager, not to exceed sixty (60) days. No such license shall be issued unless: (1) A written application for the same is filed with the City Manager. (2) An application for a permanent license, together with payment in full fee thereof, has been deposited with the City Manager. (3) The City Manager is satisfied that the location for the proposed license substantially complies with the provisions of the ordinance authorizing such license in Milton. (4) The denial of a temporary license would create undue hardship upon the applicant, such as the closing of an existing business or delaying of the opening of a new business. (5) There is payment of the fees prescribed by this section. (6) There is an agreement by the applicant that the temporary license may be revoked, with or without cause, by the City Manager at any time. (c) The fee for issuance of a temporary license under this section shall be set by Resolution of the City Council, and shall remain in effect from year to year, until modified or amended by subsequent Resolution adopted by the City Council. (d) The grant or denial of a temporary license under the provisions of this section shall not affect or have any bearing upon the grant or denial of a permanent license. State law references: Local license required for wholesale or retail sales of wine, O.C.G.A. § 3-6- 40. Section 7: Separate application and separate license for each location of sale Separate applications must be made for each location and separate licenses must be issued. Section 8: Application forms (a) All persons desiring to sell alcohol beverages shall make application on the form prescribed by the City Manager. (b) The application shall include but shall not be limited to the name and address of the applicant; the proposed business to be carried on; if a partnership, the names and residence address of the partners; if a corporation, the names of the officers; the names and address of the registered agent for service of process; the name of the manager(s); and the name of all shareholders holding more than 20 percent of any class of corporate stock, or any other entity having a financial interest in each entity which is to own or operate the establishment for which a license is sought. If the manager changes, the applicant must furnish the City Treasurer’s office Page 6 of 42 the name and address of the new manager and other information as requested within ten days of such change. (c) All applicants shall furnish data, fingerprints, financial responsibility and other records as required by the City Manager and to ensure compliance with the provisions of this chapter. Failure to furnish data pursuant to such request shall automatically serve to dismiss the application with prejudice. (d) All applications shall be sworn to by the applicant before a notary public or other officer empowered by law to administer oaths. (e) In all instances in which an application is denied under the provisions of this chapter the applicant may not reapply for a license for at least one year from the final date of such denial. (f) The City Manager shall provide written notice to any applicant whose application is denied under the provisions of this chapter. Such written notification shall set forth in reasonable detail the reasons for such denial and shall advise the applicant of the right to appeal under the provisions of this chapter. Section 9: Withdrawal of application Any license application made pursuant to this chapter may be withdrawn by the applicant at any time. If the application is withdrawn before the license is issued, any sums deposited as license fees will be refunded less applicable processing fees. After issuance of the license, no refunds will be made. No refunds shall be made under any circumstances for investigative and administrative expenses required in this chapter. Section 10: Licensing qualifications (a) No license for the sale of alcohol beverages shall be granted to any person who is not a citizen of the United States or an alien lawfully admitted for permanent residence. (b) Where the applicant is a partnership or corporation, the provisions of this section shall apply to all its partners, officers and majority stockholders. In the case of a corporation the license shall be issued jointly to the corporation and the majority stockholder, if an individual. Where the majority stockholder is not an individual, the license shall be issued jointly to the corporation and its agent registered under the provisions of this chapter. In the case of a partnership, the license will be issued to all the partners owning at least twenty percent (20%) of the partnership; or if no partner owns 20 percent of the partnership, then the general partner, managing partner or the partner with the greatest ownership will be licensed. (c) No person shall be granted any alcohol beverage license unless it shall appear to the satisfaction of the City Manager or his designee that such person, partners in the firm, officers and directors of the corporation have not been convicted or plead guilty or entered a plea of nolo contendere, and has been released from parole or probation, to any crime involving moral turpitude, illegal gambling or illegal possession or sale of controlled substances or the illegal Page 7 of 42 possession or sale of alcohol beverages, including the sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime within a period of ten years immediately prior to the filing of such application. At the time an application is submitted for any alcohol beverage license, the applicant shall, by a duly sworn affidavit, certify that neither the applicant, nor any of the other owners of the establishment, has been convicted or has pleaded guilty or entered a plea of nolo contendere and has been released from parole or probation to any crime involving moral turpitude, illegal gambling or illegal possession or sale of controlled substances or the illegal possession or sale of alcohol beverages, including the sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime within a period of ten years immediately prior to the filing of such application. An applicant's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a City ordinance shall not, by itself, make an applicant ineligible for an alcohol license. Should any applicant, partner, or officer used in the sale or dispensing of any alcohol beverage, after a license has been granted, be convicted or plead guilty or nolo contendere to a crime involving moral turpitude, illegal gambling or illegal possession or sale of controlled substances or the illegal possession or sale of alcohol beverages, including the sale or transfer of alcohol beverages, including sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of prostitution, pandering, pimping, public indecency, prostitution, solicitation of sodomy, or any sexual related crime, the license shall be immediately revoked and canceled. (d) No license for the sale of alcohol beverages shall be granted to any person convicted under any federal, state or local law of any felony, within ten years prior to the filing of application for such license. (e) It shall be unlawful for any City employee directly involved in the issuance of alcohol beverage licenses under this chapter to have any whole, partial or beneficial interest in any license to sell alcohol beverages in the city. (f) No license for the sale of alcohol beverages shall be granted to any person who has had any license issued under the police powers of any jurisdiction within the State of Georgia previously revoked within two years prior to the filing of the application. (g) The City Manager may decline to issue a license when any person having any ownership interest in the operation of such place of business or control over such place of business does not meet the same character requirements as set forth in this section for the licensee. (h) All licensed establishments must have and continuously maintain in Fulton County, Georgia a registered agent upon whom any process, notice or demand required or permitted by law or under this chapter to be served upon the licensee or owner may be served. This person must be a resident of the county. The licensee shall file the name of such agent, along with the written consent of such agent, with the City Manager and shall be in such form as he may prescribe. Page 8 of 42 (i) All applicants for any alcohol beverage license must be of good character, and all operators, managers, clerks, or other employees shall be of like character. Corporate or firm applicants shall be of good business reputation. (j) A license application may be denied to any applicant for any alcohol beverage license where it appears that the applicant would not have adequate financial participation in the proposed business to direct and manage its affairs, or where it appears that the application is intended to be a mere surrogate for a person or persons who would not otherwise qualify for a license for any reason whatsoever. (k) The City Manager, in his discretion, may consider any extenuating circumstances which may reflect favorably or unfavorably on the applicant, application or the proposed location of the business. If in his judgment circumstances are such that granting of the license would not be in the best interest of the general public, such circumstances may be grounds for denying the application. (l) For purposes of this chapter, a conviction or plea of guilty of nolo contendere shall be ignored as to any offense for which a defendant who was allowed to avail themselves of the Georgia First Offender Act (1968 Ga. Laws, page 324), as amended. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and the sentencing court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (m) All applications for alcohol beverage permits shall be approved via ordinance by the City Council. License applicants shall be required to meet all public hearing advertising notice requirements as follows: (1) The applicant for an original license shall, at his own expense, post a notice on the premises to be licensed. The notice shall be posted for at least fifteen (15) days prior to the date of the hearing. The notice shall be on a sign having a surface of not less than twelve (12) square feet. The notice shall be painted or printed in black letters at least three inches in height against a white background. The notice shall state: (1) That an application for a license to sell alcoholic beverages on the premises has been filed with the City of Milton; (2) The type of license applied for; (3) The time and place of the public hearing to be held on such license application; and (4) The names in which the license is to be issued. The advertisement shall be placed with the base of the sign not more than three (3) feet from the ground on the most conspicuous part of the premises, facing the most frequently traveled road, street or highway abutting same, and not more than ten (10) feet there from. The City Treasurer shall prepare and cause to be published a notice of each pending application, which notice shall include the date the application will be considered by the City Council, the Page 9 of 42 location or street number of the premises where the applicant proposes to conduct activities permitted by this chapter and the name of the applicant. The applicant shall pay the publication costs. The notice shall be published in a newspaper of general circulation within the city, and shall appear once a week for two (2) weeks immediately preceding consideration of the application by the City Council. The license shall be issued following approval by the City Council. State law references: Governing authority shall set forth ascertainable standards pertaining to the granting, refusal, suspension or revocation of alcohol beverage permits or licenses, O.C.G.A. § 3-3-2. Section 11: License fee scale Before a license may be granted, the applicant therefore shall comply with all rules and regulations adopted by the Mayor and City Council regulating the sale of alcohol beverages and each applicant shall pay a license fee in accordance with the scale fixed from time to time, by the Mayor and City Council contained in section 12 and kept on file in the office of the City Treasurer. Section 12: Fees enumerated License fees for the privilege of selling any alcohol beverage, either retail or wholesale, shall be set by Resolution of the City Council, and shall remain in effect from year to year, until modified or amended by subsequent Resolution adopted by the City Council. The license fees so established shall be in addition to any excise tax lawfully imposed. State law references: Maximum license fee, O.C.G.A. § 3-4-50. Section 13: Collection of fees or taxes sums due If any person shall fail to pay the sum due under this chapter, the City Manager or his/her designee shall issue an execution against the person so delinquent and his property, for the amount of the delinquent fee or tax. Section 14: Transferability of license (a) No license for the sale of alcohol beverages shall be transferable, except as otherwise provided in this section. (b) In case of the death of a licensee, the establishment shall be allowed to continue to sell alcohol beverages for a period of forty-five (45) days from the date of death or until expiration of the license or until approval of a new licensee, whichever shall first occur, provided that no sale of alcohol beverages shall be allowed until such time as a personal representative of the estate, Page 10 of 42 appointed by a probate court of competent jurisdiction, shall make application for authorization with the City Manager. (c) If a license is surrendered or a licensee severs his association with a licensed establishment, the establishment may continue to sell alcohol beverages for a period of forty-five (45) days from the date of surrender, or from the date determined by the City Manager to be the date of severance, provided no such sale shall be authorized until such time as a new application for a license is made. The application shall indicate that no change of ownership has occurred, except as excepted in this section. Upon issuance of a new license, the authorization to sell under the previous license shall be revoked by operation of law. No additional license fees shall be required during the period for which the original license was issued. (d) Nothing in this section, however, shall prohibit one or more of the partnership holding a license to withdraw from the partnership in favor of one or more of the partners who were partners at the time of the issuance of the license. This section shall not prohibit transfer of stock between persons who held stock in the corporation at the time of issuance of the license nor shall it prohibit transfers of stock which do not result in any person increasing his stock holdings to a total of ten percent or more of any class of stock. (e) Except as provided in subsections (a) through (d) of this section, any change in the ownership of any entity owning a licensed establishment shall cancel and revoke any license pursuant to this chapter automatically, without the necessity of any hearing. (f) Violation of this section shall result in revocation of the license being used and a fine on the new ownership and the old ownership of not less than three hundred dollars ($300.00) and/or thirty (30) days in jail. No license will be issued to the old or the new owner in the county for one year from the date of the violation. (g) Should a licensee make application to the City Manager for a transfer of location and should such a transfer of a location be approved, with no change of ownership of the business, the license fee paid for the previous license shall be applied to the new location. Each applicant for a transfer of location shall pay a transfer fee as set by Resolution of the City Council, and shall remain in effect from year to year, until modified or amended by subsequent Resolution adopted by the City Council (see Exhibit B – Fee Schedule). The license fees so established shall be in addition to any excise tax lawfully imposed. . Section 15: Display of license at place of business The City alcohol beverage license shall at all times be kept plainly exposed to view to the public at the place of the business of the licensee. Section 16: Expiration and renewal of license (a) All licenses granted under this chapter shall expire on December 31, each year. Licensees shall be required to file a renewal application (with the requisite fee enumerated in Exhibit B – Fee Schedule) with the City Manager on the form provided for a new or renewal license for the Page 11 of 42 ensuing year. The applicant shall be required to comply with all rules and regulations for the granting of licenses each year, including the submittal of the required data in order to meet criminal investigative compliance each renewal year. as if no previous license had been held. Alcohol Beverage Licenses renewal applications and payments are due on or before November 15 of each year. Renewal applications and payments received between November 16 and December 15 are subject to a ten percent (10%) late fee and a 1 percent (1%) per month simple interest charge on the delinquent balance. Businesses failing to renew their alcohol licenses prior to December 15 must reapply for an alcohol beverage license in which the application will be treated as if no previous license had been held, including the requirement of investigative, zoning, and distance requirements will be reviewed. Investigative and administrative costs will be assessed as may be prescribed from time to time by the Mayor and City Council. (b) All licenses granted under this chapter shall be for the calendar year, and the full license fee must be paid for a license application filed prior to July 1 of the license year. One-half of a full license fee shall be paid for any license application filed after July 1 of the license year except for applications for temporary licenses under Section 6. (c) Any person applying for a new license issued under this chapter who shall pay the required fee, or any portion thereof, after January 1, shall, in addition to the annual fee and late charges, pay simple interest of one percent (1%) per month on the delinquent balance. Section 17: Automatic license forfeiture for nonuse Any holder of any license under this chapter who shall for a period of three consecutive months after the license has been issued cease to operate the business and sale of the product or products authorized shall, after the three-month period, automatically forfeit the license without the necessity of any further action. Section 18: Suspension or revocation of license The City Manager shall impose a suspension of a license, or revoke a license, upon receiving information of occurrence of any one of the following events: (a) A license may be denied, or immediately suspended or revoked where the licensee furnishes fraudulent or untruthful information in the application for a license and for failure to pay all fees, taxes or other charges imposed under the provisions of this chapter and state law. (b) Whenever the state shall revoke any permit or license to sell alcohol beverages the City license shall thereupon be automatically revoked. The public safety director, upon receiving notice of the state revocation, shall take the necessary steps to see that signs are removed and that all alcohol beverage sales cease. (c) Any licensed establishment that is found to be in violation of the provisions of this ordinance shall be subject to immediate license revocation. Page 12 of 42 (d) The license shall be revoked of any licensee whose license has been suspended three or more times in any consecutive twelve (12) month period. (e) The license shall be revoked of a licensee of any premises where alcohol beverages have been sold or distributed during a period of suspension. (f) The license may be suspended or revoked of any establishment which does not meet the licensing qualifications set forth in this chapter at any time such knowledge becomes known to the City officials. (g) An act or omission of a licensee, owner of more than twenty percent (20%) interest in the licensed establishment, or employee of the licensee or licensed establishment willingly or knowingly performed, which constitutes a violation of federal or state law or of any provision of this chapter will subject the licensee to suspension or revocation of its license in accordance with the provisions of this chapter, regardless of whether any criminal prosecution or conviction ensues; provided, however, in the case of an employee, it shall be established that the acts of the employee were known to or under reasonable circumstances should have been known to the licensee, were condoned by the licensee, or where the licensee has not established practices or procedures to prevent the violation from occurring. (h) Whenever it can be shown that a license under this chapter no longer maintains adequate financial responsibility upon which issuance of the license was conditioned, or whenever the licensee has defaulted in any obligation of any kind whatsoever, lawfully owing to the City. (i) Whenever this chapter permits suspension of any license, but does not mandate the period of suspension, the following guidelines shall apply: (1) First suspension in a twelve (12) month period shall not exceed thirty (30) days. (2) Second suspension in a twelve (12) month period shall not exceed sixty (60) days. (3) Third suspension in a twelve (12) month period shall cause a revocation of license and result in the inability of licensee to obtain a license from the City for a term of three (3) years from the date of revocation. Section 19: License Review Board: Hearings (a) There is hereby established a License Review Board (“Board”) consisting of the currently seated Mayor and six council members. five (5) members appointed by the Mayor and Council. Each member shall serve a term of four (4) years. (b) The Board shall have the following duties: (1) To hear deferred applications or appeals from administrative decisions by the City Manager with regard to issuance of licenses, transfers, renewals, change of ownership or other matters affecting such licenses. (2) To hear appeals with regard to issuance or renewal of employee pouring permits. (3) To hear any matter involving revocation or suspension of a license or other disciplinary action against a licensee, or employee under a work permit. (4) To consider and act upon any other matter specifically delegated to the Board by City ordinance, resolution or action of the Council. Page 13 of 42 (c) Applicants or licensees shall be given written notice of the date, time and place when the Board will consider the respective matter. The applicant and interested parties shall be afforded the opportunity to be heard by the Board and present evidence to the Board prior to making its decision. No alcohol beverage license having been issued shall be suspended or revoked except for due cause as defined in this section, after a hearing and upon written notice to the holder of such license of the time, place and purpose of the hearing and a statement of the charge or charges upon which the hearing shall be held. Ten (10) days notice shall be deemed reasonable, but shorter or longer periods of notice shall be authorized as the Board may deem the circumstances to justify. Due cause for the suspension or revocation of a license shall consist of the violation of any laws or ordinances regulating the business or for the violation of any state or federal law; or any reason which would authorize the City to refuse the issuance of a license; or any violation of this chapter. Further, the public safety department shall notify the City Manager of a licensee or anyone in the employ of a licensee (A) being charged with or arrested for selling alcohol beverages (B) to an underage person or persons or (C) being convicted of selling alcohol beverages to an intoxicated persons pursuant to O.C.G.A. § 3-3-22 during the current license year. Once the City Manager becomes aware of such, charge(s), arrest(s) or conviction(s) he/she shall place the matter before the Board for hearing. The Board, at said hearing and after receiving evidence may order the license to sell or serve alcohol beverages be suspended or revoked if the evidence so warrants. All decisions of the Board shall be in writing, and a copy furnished to the applicant or licensee. (d) The Board shall have the authority to hear or determine any matter set forth in this chapter unless specifically prohibited there from. (e) The decision of the Board shall be final unless appealed by applicant or licensee to the Council within ten (10) days of the date of its written decision. The appeal shall be in writing and filed with the City Clerk. The Council shall conduct a de novo hearing at a regularly scheduled meeting within thirty (30) days of the filing of the appeal to hear evidence and, at conclusion of such hearing render a decision to uphold the decision made by the Board, reverse the decision made by the Board, or in its discretion, modify the decision made by the Board. The decision of the Council shall be rendered not later than its next regularly scheduled meeting. (f) The decision of the Council as rendered on an appeal under this article shall be final unless licensee applies to the Superior Court of Fulton County by filing a Petition for Writ of Certiorari within thirty (30) days of the decision rendered by the Council. (g) The Board shall meet at such times as necessary as determined by the Board and shall render decisions within a reasonable time. Three Four members of the Board shall constitute a quorum, and all decisions of the Board shall require a majority vote of the quorum. Such meeting shall not be scheduled later than thirty (30) days from the time a matter is filed for hearing or appealed to the Board. (h) The Mayor Board shall select one of its members to serve as chair and one member to serve as secretary to serve at the pleasure of the Board. minutes and records of all proceedings shall be recorded by the City Clerk and kept and maintained in the office of the City Clerk. Page 14 of 42 Section 20: Notice For the purpose of this chapter, notice shall be deemed delivered personally, or served by certified mail within three days after the date of deposit in the United States mail. Section 21: Advertising; location requirements; signs (a) No outdoor advertising or signs with respect to the promotions of the sale of alcohol beverages, or the prices of such beverages, shall be permitted on the exterior of any retail package outlet, on the premises consumption dealer or in the windows of any such establishment that may be viewed from outside. (b) No signs shall be erected anywhere in the City advertising or promoting the sale of alcohol beverages, except that a store displaying its merchandise may, in the same manner as such other merchandise is displayed, erect a sign or signs indicating the counter on which the merchandise is displayed provided the lettering of such signs does not exceed in size the lettering of such signs on other counters where other products are sold. The name, brand or type of alcohol beverage served and the price per serving may be provided to customers on a regular printed menu. (c) Sign limitations. Retail package licensees shall indicate plainly by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed, the price of an alcohol beverage exposed or offered for sale. No other sign may be exposed prominently within or without the retail establishment showing prices or indicating that alcohol beverages are for sale on the premises. (d) Alcohol beverages may not be priced on signs, menus or any place else allowed by this Code except as to single units or unbroken package quantities. Section 22: Audits of licensees (a) If the City Manager deems it necessary to conduct an audit of the records and books of the licensee, he shall notify the licensee of the date, time and place of the audit. The City Manager may designate the city's internal auditor or other designated person to perform any audit authorized in this Code. The licensee shall cooperate with the audit or forfeit any license(s) issued under this chapter. (b) All licensed establishments must maintain the following records for a three-year period and make them available for audit at the licensed premises: (1) Monthly income or operating statements. (2) Daily sales receipts showing liquor, beer, wine and food sales separately (this requirement does not apply to package beer and wine licensees). (3) Daily cash register receipts such as Z tapes or guest tickets. (4) Monthly state sales and use tax reports. Page 15 of 42 (5) Federal income tax return with all Form 1099's. The City Manager can waive all or some of the requirements of the foregoing sentence if the City Manager finds that no such records exist and it is not financially practical based on the net income of the licensed establishment to require them to keep such records. Section 23: Retailer to purchase from licensed wholesaler only (a) No retailer shall purchase alcohol beverages from any person other than a wholesaler licensed under this chapter. No wholesaler shall sell any alcohol beverage to anyone other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (b) The City Manager or his/her designee may request, from time to time, information concerning purchases and sales of alcohol beverages from retailers and wholesalers. Section 24: Retail consumption dealers to store inventory only on premises No retail consumption dealer licensed under this chapter shall keep any beer or malt beverage or wine or other alcohol beverages at any place except the licensed place of business. No retail consumption dealer shall be permitted to enter into any type of arrangement whereby distilled spirits ordered by a licensee are stored by a licensed wholesaler. Section 25: Addition to contents of alcohol beverages prohibited No one shall add to or permit the adding to any alcohol beverage or refill any alcohol beverage manufacturer's container in any manner. Section 26: Poured alcohol to be transported by employees Poured alcohol beverages will be transported from point of dispensing to the customer by permitted employees only. Section 27: Licensees to maintain a copy of this chapter; employees to be familiar with terms; licensee responsible for violations Each alcohol beverage dealer licensed under this chapter shall keep a copy of this chapter in the licensed premises and shall instruct any person working there with respect to the terms of this chapter; and each licensee, the licensee's agents and employees selling alcohol beverages shall at all times be familiar with the terms of this chapter. Section 28: Employment of underage persons prohibited; exceptions (a) No person shall allow or require a person in his/her employment under eighteen (18) years of age to dispense, serve, sell, or take orders for any alcohol beverage. Page 16 of 42 (b) The provisions of this section shall not prohibit persons under eighteen (18) years of age who are employed in supermarkets or convenience stores from selling or handling alcohol beverages which are sold for consumption off the premises. (c) It is unlawful for any person under the age of eighteen (18) years of age to work as an entertainer in any establishment licensed under this chapter without written consent from parents or guardian. Section 29: Failure to require and properly check identification It shall be a violation not to require and properly check identification to ensure that an underage person is not sold, served, or does not have in his possession alcohol beverages while in a licensed establishment. Identification in this section shall mean any document issued by a governmental agency containing a description of the person, such person's photograph and giving such person's date of birth and shall include, without being limited to, a passport, military ID card, driver's license or state department of public safety ID card. Section 30: Sales to underage persons prohibited No holder or employee of the holder of a license authorizing the sale of alcohol beverages, shall do any of the following upon the licensed premises: (a) Sell or offer to sell any distilled spirits, wines, beer or malt beverages, or any other alcohol beverage to any person under the age of twenty-one (21) years. (b) The prohibition in subsection (a) of this section shall not apply with respect to the sale of distilled spirits to a person when such person has furnished proper identification showing that the person to whom the distilled spirits are being sold is twenty-one (21) years of age or older. For the purposes of this subsection proper identification means any document issued by a government agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth, including but not limited to, a passport, military identification card, driver's license, or identification card authorized under an act to require the department of public safety to issue identification cards to persons who do not have a motor vehicle driver's license. Proper identification shall not include a birth certificate. (c) Sell or offer to sell any alcohol beverages to any person who is noticeably intoxicated, who is of unsound mind, or who is a habitual drunkard whose intemperate habits are known to the licensee or his employees. (d) Sell alcohol beverages upon the licensed premises or permit alcohol beverages to be consumed thereon, on any day or at any time when the sale or consumption is prohibited by law. (e) No person who holds a license to sell alcohol beverages by the drink shall allow any minors to be in, frequent or loiter about the licensed premises of the establishment or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such Page 17 of 42 minors shall be permitted in eating establishments, indoor commercial recreational establishments, or private clubs as defined in this chapter without being accompanied by a parent, legal guardian, or custodian and provided further that this section shall not apply to minors who are employees under the terms of this chapter. (f) The penalty for violation of this section by an individual shall be as follows: (1) For the first offense, a minimum fine of two hundred dollars ($250.00). (2) For the second offense and subsequent violations within one year, a minimum fine of five hundred dollars ($500.00). (g) Any licensed establishment where three or more violations of this section, or Section 3-3-23 of the Georgia Alcohol Beverage Laws and Regulations, have occurred within any thirty-six (36) month period shall be punished as follows: (1) For the third offense within any thirty-six (36) month period, suspension of license(s) for a period not to exceed 90 days. (2) For the fourth and any subsequent violation within any thirty-six (36) month period, suspension of license(s) for a period not to exceed one year. As to the penalties in subsection (g), if there is a change in a majority of the licensed establishments' owners, partners or shareholders, the violations under the old ownership shall not count against the new owners; however, a different corporation, partnership or other association will be charged with the violations of its predecessor(s) if a majority of the owners, partners or shareholders are the same. State law references: Furnishing to, purchase of, or possession by persons under twenty-one (21) years of age of alcohol beverages; use of false identification; proper identification for sale of alcohol beverages; dispensing, serving, etc., of alcohol beverages by persons under twenty-one (21) years of age in the course of employment; seller's duty to request proper identification, O.C.G.A. § 3-3-23. Section 31: Purchase or possession of alcohol beverages by underage persons (a) No person under the age of twenty-one (21) years of age shall purchase or possess any alcohol beverage. (b) No person under the age of twenty-one (21) years of age shall attempt to purchase any alcohol beverage or misrepresent his/her age in any manner whatever for the purpose of obtaining alcohol beverages. Section 32: Regulations as to employees and manager The following regulations shall apply to all establishments holding a license for consumption of alcohol beverages on the premises: (a) No person shall be employed to dispense, sell, serve, take orders, mix alcohol beverages, or serve in any managerial position, by an establishment holding a license under this chapter until such person has been fingerprinted or cleared by the public safety director or his designee, indicating that the person is eligible for such employment. Page 18 of 42 (b) This section shall not be construed to include volunteer groups with non-profit tax exempt status from the Internal Revenue Service whose volunteer efforts financially benefit a non-profit organization with no direct financial benefit, either by wages, tips or donations, to the individual volunteer. No volunteer under the age of eighteen (18) shall be allowed to dispense, sell, serve, take orders or mix alcohol beverages. Employees of a licensed establishment whose duties are limited solely to those of busboy(s), cook(s), or dishwasher(s) shall also be excluded from this section. (c) No pouring permit shall be issued until such time as a signed application has been filed with the City Manager police department, chief of police or designee, and upon paying a fee which shall be established by the Mayor and City Council, and a search of the criminal record of the applicant completed. The application shall include, but shall not be limited to, the name, date of birth, and social security number. and prior arrest record of the person, though the fact of an arrest record shall be used for investigative purposes only, and shall give rise to no presumption or inference of guilt. Due to the inclusion of arrest information, These applications and the resulting criminal investigative report shall be regarded as confidential and shall not be produced for public inspection without a court order. (d) The public safety director or his designee shall have a complete and exhaustive search made relative to any police record of the applicant. person fingerprinted or cleared. If there is no record of a violation of this chapter, the public safety director or his designee shall approve the issuance of a permit to the person, by mail, stating that the person is eligible for employment. If it is found that the person is not eligible for employment, the public safety director or his designee shall notify the person, in writing, that they are not eligible for employment, the cause of such denial and their right to appeal. (e) No person shall be granted a pouring permit unless it appears to the satisfaction of the public safety director or his designee, that such person has not been convicted or pled guilty or entered a plea of nolo contendere to any crime involving moral turpitude, illegal gambling, or illegal possession or sale of controlled substances or the illegal sale or possession of alcohol beverages, including the sale or transfer of alcohol beverages to minors in a manner contrary to law, keeping a place of prostitution, solicitation of sodomy, or any sexual related crime within a period of five years of the date of conviction and has been released from parole or probation. A person's first time conviction for illegal possession of alcohol as a misdemeanor or violation of a City ordinance shall not, by itself, make a person ineligible for an alcohol pouring permit. No person shall be granted a pouring permit who has been convicted, plead guilty or entered a plea of nolo contendere to any federal, state, or local law for any felony within five years of the date of conviction and has not been released from parole or probation prior to the filing for application for such permit. For purposes of this chapter, a conviction or plea of guilt or nolo contendere shall be ignored as to any offense for which defendant who was allowed to avail themselves of the Georgia First Offender Act (Ga. Laws 1968, p. 324) as amended. Except, however, that any such offense shall not be ignored where the defendant violated any term of probation imposed by the court granting first offender treatment or committed another crime and Page 19 of 42 the sentence in court entered an adjudication of guilt as to the crime for which the defendant had previously been sentenced as a first offender. (f) An alcohol pouring permit shall be issued for a period of one calendar year from the date of the original application. As noted in subsection (k) below, the alcohol pouring permit must be in the possession of the employee while the employee is working at the licensed establishment. This permit must be in the possession of the employee while the pouring permit holder is working and available for inspection by members of the public safety department or the City Manager's staff. All persons employed to dispense, sell, serve, take orders, mix alcohol beverages or serve in any managerial position in any establishment licensed under this chapter shall be required to complete an alcohol awareness training program to become a certified Alcohol Awareness Server, as defined in Section 43 of this Article, as a condition to the privilege of continuing to maintain a valid alcohol pouring permit. (g) No person shall be issued a permit if it is determined that the person falsified, concealed or covered up any material fact by any device, trick or scheme while making application to the City police department for an alcohol beverage pouring permit under this section. If it is determined that a person is in violation of this subsection and a permit is denied for this reason, then thirty (30) calendar days must elapse from the date of notification per certified mailing before a new application and fee may be resubmitted. (h) All permits issued through administrative error can be terminated and seized by the public safety director or his/her designee or the City Manager or his/her designee. (i) Replacement permit(s) will be issued within thirty (30) days of original date, upon paying one-half of the fee(s) charged for an original alcohol pouring permit. After thirty (30) days of original application date, a new application and fee must be submitted. (j) All permits issued under this chapter remain the property of the City of Milton and shall be produced for inspection upon demand of any City of Milton police officer or designee(s) or code enforcement officer. (k) No licensee shall allow any employee or manager required to hold a permit to work on the premises unless the employee or manager has in their possession a current valid city pouring permit. For new employees, application for a permit must be made within five (5) calendar days of date of initial employment. receipt issued by the city police permit unit may be used for a maximum of 30 days from the date of its issue. Licensees are required by this chapter to inspect and verify that each employee has is required to have in his/her possession a valid City of Milton alcohol pouring permit. (l) It shall be the duty of all person(s) holding any license(s) to sell alcohol beverages to file with the City chief of police or his/her designee, the name of the establishment, the license number and a list of all employees, with their home addresses and home telephone numbers, twice annually during the month of June and again during the month of December. Page 20 of 42 (m) The licensee is required to maintain the exterior of the licensed premises, parking lot and all parts of premises abutting public right-of-ways during all hours the business is open and to do an inspection of the premises within three (3) hours after closing. The term “maintain” is defined as keeping the defined areas free of bottles, cans, cups, trash and other litter. Any person(s) convicted of any violation(s) of this section shall receive a fine in an amount not to exceed state law. Section 33: Open area and patio sales (a) Alcohol beverage sales can be made by a licensed consumption on-premises establishment in a patio/open area type environment if the establishment has been approved to do so by the City Manager. (b) The requirement for approval is that the patio/open area be enclosed by some structure providing for public ingress/egress only through the main licensed premises. The purpose of this requirement is to prevent a customer from leaving the outside sales area with an open drink without the licensee's knowledge. (c) The height of such structure shall be a minimum of three feet above ground level. It does not have to be solid nor does it have to restrict visibility into or out of the patio/open sales area. It must be permitted and approved by the city's building inspection department and the city's fire department as required by their governing regulations or codes. (d) The only exit from this type area is to be through the licensed establishment's main premises and through an approved fire exit, not for general public use unless an emergency exists. The fire exit should be of the type that sounds an alarm so that the establishment will be alerted in the event of unauthorized use when no emergency exists. (e) If a licensee desires a patio/open sales area inside an existing structure, plans will be reviewed and approved on an individual basis by the City Manager Community Development Department. Interior type patio/open sales areas must meet the requirements of the city's development and fire codes. (f) Nothing contained in this section shall prohibit a hotel or motel with a consumption on the premises license from making sales and allowing consumption of alcohol beverages in ballrooms, meeting rooms, reception rooms, or patio areas of such hotel or motel, provided such functions are catered in connection with a meeting, conference, convention or similar type gathering at such hotel or motel. "Patio areas," as that term is used in this subsection, do not have to conform to the standards in this section. Section 34: No consumption outside premises (a) It is prohibited for customers to leave the premises with open alcohol beverages, and it is the licensee's responsibility to ensure that no open beverages are sold and carried out. However, Page 21 of 42 nothing in this section shall be construed to prohibit the carrying out of wine or malt beverages for consumption at a publicly owned or privately owned golf course. (b) It is prohibited for customers to gather outside an alcohol beverage establishment and consume alcohol beverages. (c) It is prohibited for the manager or any employee to allow persons to gather outside an alcohol beverage establishment and consume alcohol beverages. Section 35: Specifications of premises No alcohol beverage license shall be issued to any person unless the building in which the business will be located is complete and detailed plans of the building and outside premises are attached to the application, or unless proposed plans and specifications and a building permit of a proposed building to be built are attached to the application. The completed building or the proposed building shall comply with ordinances of the city, regulations of the state revenue commissioner and the state. The proposed building shall also be subject to final inspection and approval when completed by the building inspector. Each building in which the business will be located shall contain sufficient lighting so that the building itself and the premises on all sides of the building are readily visible at all times from the front of the street on which the building is located so as to reveal all of the outside premises of such building. Each applicant for an alcohol beverage license shall attach to the application evidence of ownership of the building or proposed building, or a copy of the lease if the applicant is leasing the building. If the applicant is a franchisee, then such applicant shall attach a copy of the franchise agreement or contract with the application. All premises for which an alcohol beverage license shall be issued shall afford therein adequate sanitary toilet facilities and shall be adequately illuminated so that all hallways, passage ways and open areas may be clearly seen by the customers therein. Section 36: Solicitation prohibited No retail consumption dealers licensed under this chapter shall require, permit, suffer, encourage, or induce any employee or person to solicit in the licensed premises for herself/himself, or for any person other than the patron and guest of the patron, the purchase by the patron of any drink, whether alcohol beverage or non-alcohol beverage or money with which to purchase the beverage; nor shall any licensee pay a commission or any other compensation to any person frequenting his establishment or to his agent or manager to solicit for herself/himself or for the others, the purchase by the patron of any drink, whether alcohol beverage or non- alcohol beverage or money with which to purchase the beverage. Section 37: Noise from establishments prohibited It shall be unlawful for any establishment licensed under this chapter to make or cause to be made any loud, unnecessary or unusual sound or noise which unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace, or safety of others in the city, and which is audible to a person of normal hearing ability from the nearest property line of the business in question. In no event, however, shall any such loud, unnecessary or unusual sound or noise be Page 22 of 42 made by an establishment licensed under this chapter between the hours of 10:00 p.m. and 8:00 a.m. Section 38: Inspection of licensed establishments by the public safety department Sworn officers of the public safety department shall have the authority to inspect establishments licensed under the alcohol beverages ordinances of the City during the hours in which the premises are open for business. These inspections shall be made for the purpose of verifying compliance with the requirements of this chapter and state law. This section is not intended to limit the authority of any other City officer to conduct inspections authorized by other provisions of this Code. Section 39: Establishment can be closed in cases of emergency The public safety director, or his designee, may immediately close an establishment licensed under this chapter in case of emergency, for the safety of the public or to investigate a crime, for a period of time not to exceed twenty-four (24) hours. Section 40: Sale on election days (a) Pursuant to the delegation of authority granted to this governing authority by Act No. 750 (House Bill No. 247) approved April 10, 1985, amending O.C.G.A. § 3-3-20(b)(2)(B), the sale of wholesale and retail of alcohol beverages, to wit: distilled spirits, wine and malt beverages, shall be lawful during the polling hours of any election; provided, however, nothing herein shall authorize the sale of alcohol beverages within two hundred fifty (250) feet of a polling place during such time as the polls are open. (b) All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed. State law references: Local governing authority may authorize the sale of alcohol beverages on election days, O.C.G.A. § 3-3-20. Section 41. Bring your own bottle (brown bagging) prohibited It is prohibited for any person to bring in his own alcohol beverage (brown bag) in any establishment either licensed or unlicensed to serve alcohol beverages. Section 42: Types of entertainment, attire and conduct prohibited Pursuant to The Constitution of the State of Georgia Article 3, Section 6, Paragraph VII: (a) No person shall perform on a premise licensed hereunder acts of or acts which constitute or simulate: (1) Sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or any sexual acts which are prohibited by law; (2) The touching, caressing, or fondling of the breast, buttocks, anus, or genitals; or Page 23 of 42 (3) The displaying of any portion of the female breast below the top of the areola or the displaying of any portion of any person’s pubic hair, anus, cleft of the buttocks, vulva, or genitals. (b) No person shall use on licensed premises artificial devices or inanimate objects to perform, simulate, or depict any of the prohibited conduct or activities described in subsection (a) of this section. (c) It shall be unlawful for any person to show, display, or exhibit, on licensed premises, any film, still picture, electronic reproduction, or any other visual reproduction or image of any act or conduct described in subsection (a) or (b) of the section. Section 43: Alcohol Awareness Training (a) Any person to whom an alcohol pouring permit is issued and all licensee’s managerial staff shall be required to complete an alcohol awareness training program within thirty (30) days from date the person is issued an alcohol pouring permit. (b) All persons employed within the City as of the enactment of the ordinance, holding a valid alcohol pouring permit, shall have through December 31, 2006 2007, in which to complete an alcohol awareness training program. (c) The City Treasurer shall maintain a list of schools, training facilities and trade associations located in Fulton County, Georgia that are authorized and approved by the City Manager to conduct alcohol awareness programs for the purpose of training servers of alcohol in intervention procedures when customers become intoxicated. (d) The training facilities shall issue, upon completion of the course, a certificate which shows the individual has fulfilled the requirement for the course and is certified as an Alcohol Awareness Server. The cost of the course will be the responsibility of the licensed establishment that employs such server. (e) The establishment employing individual(s) required to complete an alcohol awareness program shall obtain the certificate(s) stating the employee(s) has successfully completed the course and have the same delivered to the City Treasurer to be kept with the record(s) of the employee(s) having an alcohol pouring permit. (f) The privilege of a person to continue having a valid alcohol pouring permit is conditioned upon completing an alcohol awareness program and having a certificate of course completion provided to the City in a timely manner. Failure to do so is cause for suspension of the person’s alcohol pouring permit. Article 2: Retail Sales of Distilled Spirits for Consumption on the Premises Section 1: Definitions Page 24 of 42 For the purpose of this article, the following definitions shall apply: (a) “Applicant” means the person, partner, firm or corporation, as owner, or other entity authorized to represent the business making application for the license. (b) “Bottle house” means any place of business open to the public or any private club which allows guests, patrons, or members to bring in and consume the guest’s, patron’s, or member’s alcohol beverages on the premises. (c) “Distilled spirits,” as defined in this article, means any alcohol beverage obtained by distillation or containing more than twenty-one percent (21%) alcohol by volume including, but not limited to, all fortified wine, as defined in O.C.G.A. § 3-1-2(9), as amended. (d) “Golf club” means a golf facility consisting of a clubhouse or a professional golf shop and a regulation or executive length golf course of at least nine holes, as recognized by the United States Golf Association, the Professional Golfers Association of America, and the Georgia State Golf Association. (e) “License” means the authorization by the Mayor and City Council to engage in the sale of distilled spirits by the drink for consumption only on the premises. (f) “Licensee” means any person, partner, firm, or corporation, as owner, holding a license to engage in the sale of distilled spirits by the drink for consumption only on the premises. (g) “Owner” means any person, corporation, or partnership or any other entity having a financial interest in the income of the business. "Owner" shall also include any person, corporation or partnership operating a business under a management contract. (h) “Premises” means the definite closed or partitioned-in locality, whether room, shop, or building wherein distilled spirits are dispensed for consumption on the premises by the drink. Section 2: Violations of article; misdemeanor (a) A violation of any section of this article shall be unlawful, the penalty shall be as provided by law for misdemeanors. In addition, the license of any licensee contributing thereto shall be subject to suspension or revocation in accordance with this article. (b) Any such violation may be tried in the Municipal Court of Milton if no jury trial is demanded, otherwise trial shall be in the State Court of Fulton County. State law references: Punishment for misdemeanors generally, O.C.G.A. § 17-10-3; maximum punishments which may be imposed for violations of city/county ordinances, O.C.G.A. § 36-1- 20(b). Section 3: Condition of premises; restrictive acts Page 25 of 42 (a) The licensed premises shall be kept clean and shall be in full compliance with all regulations of Milton governing the conditions of premises. (b) The Fulton County Health Department shall regularly inspect such licensed premises to determine that such licensed premises are in compliance with all Fulton County and state health rules and regulations and report any violations to the City Manager or designee(s). (c) Milton fire personnel or Fulton County fire personnel shall regularly inspect the premises to see that they are in compliance with all Milton, Fulton County and state fire regulations and report any violation to the City Manager or designee(s). (d) The Milton Community Development Department shall regularly inspect the licensed premise(s) to determine if the premise(s) are in compliance with all technical code(s) of Milton and Fulton County and report any violation to the City Manager or designee(s). (e) Milton police personnel or Fulton County police personnel shall periodically inspect the premise(s) to determine if the licensed premise(s) are in compliance with all provisions of this article and report any violation to the City Manager or designee(s). Section 4: Days allowed for sale The sale of alcohol beverages on election day is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20. The sale of alcohol beverages on Sunday and holidays is limited to provision of state law, pursuant to O.C.G.A. § 3-3-20 and O.C.G.A. § 3-3-7. Section 5: Hours The sale of distilled spirits by the drink for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a) Monday through Saturday, from 9:00 am. until 2:00 am. of the following day. (b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 (j)(l)]. (c) All licensed premises shall close their premises to the public and clear the premises of patrons within thirty (30) minutes after the time set in this section for discontinuance of the sale of alcohol beverages on the premises. (d) The sale of alcohol beverages shall not be permitted within two hundred fifty (250) feet of any polling place on primary or election days (e) The sale of alcohol beverages shall not be permitted on Christmas day [see O.C.G.A. § 3- 3-20] (f) In addition to other requirements under this ordinance, a licensed premise for the sale of distilled spirits by the drink shall comply with the following: Page 26 of 42 (1) The licensed business shall open its business each day it is open by not later than 5:00 pm. (2) The licensed business shall offer to its patrons prepared food and meals during all hours it is open. (3) The licensed business shall have a fully equipped kitchen, including cooking range, oven, refrigeration, food preparation area, sink and other items necessary for preparation of food and meals to be served on the premises. (4) Comply with all requirements of Article 1: General Provisions; Section 3, relating to the manner by which premises shall be maintained. (g) This section shall not apply to private clubs. Section 6: Conditions for a licensee's operation (a) Contents of bottles. It shall be unlawful for licensees hereunder to add to the contents of a bottle or to refill empty bottles or in any other manner to misrepresent the quantity, quality or brand name of any alcohol beverage. (b) Indication of prices. All licensees hereunder, except private clubs, shall display in prominent places or on their menus, their current prices of alcohol beverages by the drink. The licensee shall furnish to any customer that so desires an itemized bill of charges which shall not exceed the established price list. The City Manager or the City Manager’s designee shall regularly inspect the records of all sales of alcohol beverages for consumption on the premises and total sales to determine that the licensee is in compliance with this article. (c) Distilled spirits by drink; advertising prohibited. No licensee hereunder shall advertise in any news media or by any other means the fact that alcohol beverages by the drink may be purchased at such establishment; provided, however, that the licensees hereunder shall be permitted to use the words "your favorite beverages served." (d) Sale; location of. It shall be unlawful for any sales to be made outside of the building, premises, or place of business licensed for such sale except as permitted herein. (e) Opened original packages on licensed premises prohibited. It shall be unlawful for any person except a licensee, his/her manager, or agent in charge of licensed premises, to carry into or have in his possession on any licensed premises, any alcohol beverages in the original package the seal of which has been broken or the original package opened, provided that this section shall not apply to private clubs. (f) Fingerprinting of employees. No person may be employed by an establishment holding a license hereunder until such person has been fingerprinted by the public safety department and has been issued a letter of clearance by the public safety department indicating the person has not violated any law defined by this article. Then a letter of compliance has been issued by the public safty department indicating the person has not violated any law defined by this article and is eligible for such employment . This shall include performers, entertainers, bartenders, barmaids, bouncers, and musicians engaged in temporary work, as well as regular employees. Page 27 of 42 (1) All persons subject to the provisions of this section shall, within five (5) days after the date of their first work in an establishment holding a permit to sell alcohol beverages by the drink to be consumed on the premises, submit an application to the City for an alcohol pouring permit. (2) The public safety department shall have a complete and exhaustive search made relative to any police record of the applicant person fingerprinted. In the event there is a violation of laws as defined in this article, the public safety department shall issue a letter to the person fingerprinted applicant stating that the person is not eligible for employment. (3) Excluded from the provisions of this section are employees whose duties are not in any way involved with the preparation of or service of alcohol beverages; musicians and entertainers, however, are not excluded. (4) Any letter of eligibility for employment issued hereunder shall expire twelve (12) months from the date of issue. The Mayor and City Council may prescribe reasonable fees for certifying the eligibility of employment. Section 7: No sales to minors or physically or mentally incapacitated persons No licensee shall sell or permit to be sold alcohol beverages to a minor, as defined in O.C.G.A. § 3-3-23, as amended, which reads as follows: (a) Except as otherwise authorized by law: (1) No person knowingly, by himself or through another, shall sell, cause to be furnished, or permit any person in his employ to sell or furnish any alcohol beverage to any person under twenty-one (21) years of age. (2) No person under twenty-one (21) years of age shall purchase or knowingly possess any alcohol beverage. (3) No person under twenty-one (21) years of age shall misrepresent his age in any manner whatsoever for the purpose of obtaining illegally any alcohol beverage. (4) No person knowingly or intentionally shall act as an agent to purchase or acquire any alcohol beverage for or on behalf of a person under twenty-one (21) years of age. (b) The prohibitions contained in paragraphs (a)(1), (a)(2), and (a)(4) of this section shall not apply to the sale, purchase, or possession of alcohol beverages for consumption: (1) For medical purposes pursuant to a prescription of a physician duly authorized to practice medicine in this state. (2) At a religious ceremony. (3) In the home with parental consent. (c) The prohibition contained in paragraph (a)(1) of this section shall not apply with respect to sale of alcohol beverages by a person when such person has been furnished with proper identification showing that the person to whom the alcohol beverage is sold is twenty-one (21) years of age or older. For purposes of this subsection, proper identification' means any document issued by a governmental agency containing a description of the person, such person's photograph, or both, and giving such person's date of birth and proper identification includes, without being limited to, a passport, military identification card, driver's license, or an Page 28 of 42 identification card authorized under O.C.G.A. tit. 40, ch. 5, art. 100(O.C.G.A. § 40-5-100), requiring the department of public safety to issue identification cards to handicapped persons who do not have a motor vehicle driver's license. `Proper identification' shall not include a birth certificate. (d) No licensee shall allow or require a person in his or her employment under eighteen (18) years of age to dispense, serve, sell or take orders for any alcohol beverage. This section shall not prohibit persons under 18 years of age who are employed in supermarkets, convenience stores, or drugstores from selling or handling alcohol beverages which are sold for consumption off the premises. (e) Testimony by any person(s) under twenty-one (21) years of age, when given in an administrative or judicial proceeding against another person(s) for violation of any provision of this section, shall not be used in any administrative or judicial proceeding brought against such testifying person(s) under twenty-one (21) years of age. (f) Nothing in this section shall be construed to modify, amend, or supersede O.C.G.A. title 15, ch. 11 (O.C.G.A. § 15-11-1 et seq.) (pertaining to juvenile proceedings); or to any person(s) who is physically or mentally incapacitated due to the consumption of alcohol beverage(s). Nor shall any licensee violate O.C.G.A. § 3-3-22, as amended, which provides as follows: `No alcohol beverage shall be sold, bartered, exchanged, given, provided, or furnished to any person who is in a state of noticeable intoxication.' A violation of this section shall be cause for suspending or revoking such license in accordance with provisions of this article. Section 8: Minors prohibited on licensed premises unless accompanied by parent, guardian, or custodian No person who holds a license to sell distilled spirits by the drink shall allow any minors to be in, frequent, or loiter about the licensed premises of the nightclub or lounge unless such minors are accompanied by a parent, legal guardian, or custodian; provided, however, that such minors shall be permitted in eating establishments or private clubs without being accompanied by a parent, legal guardian, or custodian, and, provided further, that this section shall not apply to minors who are employees under the terms of this article. Section 9: Employment of minor No licensee hereunder shall allow any minor employed by a licensee to sell or otherwise handle alcohol beverages who is under 18 years of age. Section 10: Minors misrepresenting age It shall be unlawful for any minor to falsely misrepresent his age in any manner whatsoever where said minor's purpose is to acquire and possess alcohol beverages. Section 11: Happy hour prohibited Page 29 of 42 No holder of any license to sell distilled spirits for consumption on the premises shall engage in any one of the following practices in connection with the sale or other disposition of distilled spirits: (a) The sale of distilled spirits during any special period of the day at prices lower than customarily charged at the premises for distilled spirits during the remainder of the day. (b) The giving away of any distilled spirits in conjunction with the sale of any other distilled spirits. (c) The sale of two or more distilled spirits for a single price, including the sale of all distilled spirits a customer can or desires to drink at a single price. (d) The sale or serving of two or more distilled spirits at substantially the same price customarily charged for one such wine or malt beverage. (e) Requiring or encouraging the purchase of a second distilled spirit at the same time another distilled spirit is purchased or before the first such beverage has been consumed. (f) The sponsoring, conducting or allowing of contests or other promotions on the premises which have as their primary purpose the increasing of the consumption of distilled spirits on the premises. (g) Allowing distilled spirits purchased on the premises to be removed from the premises without having been consumed. (h) Selling distilled spirits in pitchers or in jumbo or extra-large containers for less than the normal retail price charged for an equivalent volume of distilled spirits in a normal size glass or pitcher. (i) This section shall not apply to private functions not open to the public. "Private function not open to the public" shall mean any function wherein the licensee has agreed to the use of the licensee's establishment by a person, firm or organization for a set period of time for valuable consideration. It is the intent of this section to prohibit activities typically associated with promotions referred to as "happy hour." Section 12: Conflicting interests No financial aid or assistance to any licensee hereunder from any wholesaler or manufacturer of wine or malt beverages or other alcohol beverages shall be permitted. Article 3: Retail Sales of Beer or Malt Beverages and Wine for Consumption On the Premises. Page 30 of 42 Section 1: Type of retail establishment where permitted No beer or malt beverages or wine shall be sold for consumption on the premises where sold except: (a) In eating establishments having a full service kitchen (a full service kitchen will consist of a three-compartment sink, a stove or grill permanently installed, a refrigerator, all of which must be approved by the health and fire departments), prepared to serve food every hour they are open; (b) At a publicly owned golf course. These eating establishments must be located in a zoning district which permits restaurants and drive-in restaurants as conforming uses or where these eating establishments are incidental to a hotel or motel. Section 2: License fee and amount to defray investigative and administrative costs to accompany application Each application for a license under this article shall be accompanied by payment a certified check for the full amount as set by resolution of the City Council to defray investigative and administrative costs. Upon issuance of the license, the applicant shall make payment of the license fee. If the application is denied and the license refused, or if the applicant withdraws his application prior to being issued, the license fee shall be refunded, but the amount paid for investigation shall be retained. However, any person applying for more than one license shall pay only one fee to defray investigative and administrative expenses, which fee shall be the largest of the investigative and administrative fees authorized under this Code. Any applicant for a license under this article who has in existence at the time of making the new application an existing license under this article shall pay no investigative and administrative costs. Section 3: Hours and days of sale The sale of beer or malt beverages and/or wine by the drink for consumption on premises shall be permitted only during the following hours and days of the week, as indicated: (a) Monday through Saturday, from 9:00 a.m. until 2:00 a.m. of the following day. (b) Sunday from 12:30 pm. until 2:00 am. of the following day; provided, however, any licensed establishment which serves alcohol on Sunday shall derive at least fifty percent (50%) of its total annual gross sales from the sale of prepared food or meals [see O.C.G.A. § 3-3-7 (j)(l)]. (c) All licensed premises shall close their premises to the public and clear the premises of patrons within thirty (30) minutes after the time set in this section for discontinuance of the sale of alcohol beverages on the premises. Page 31 of 42 (d) The sale of beer or malt beverages and/or wine shall not be permitted within 250 feet of any polling place on primary or election days. (e) The sale of beer or malt beverages and/or wine shall not be permitted on Christmas day [see O.C.G.A. § 3-3-20]. (f) In addition to other requirements under this ordinance, a licensed premise for the sale of beer or malt beverages and/or wine by the drink shall comply with the following: (1) The licensed business shall open its business each day it is open by not later than 5:00 pm. (2) The licensed business shall offer to its patrons prepared food and meals during all hours it is open. (3) The licensed business shall have a fully equipped kitchen, including cooking range, oven, refrigeration, food preparation area, sink and other items necessary for preparation of food and meals to be served on the premises. (4) Comply with all requirements of Article 1: General Provisions; Section 3, relating to the manner by which premises shall be maintained. (g) This section shall not apply to private clubs. Article 4: Retail Package Sales of Malt Beverages and Wine State law references: License from county or municipality required for wholesale or retail sales of wine, O.C.G.A. § 3-6-40. Section 1: Type of retail establishment where permitted No beer or malt beverage and/or wine shall be sold at retail except in establishments maintaining fifty (50) percent of the floor space and storage area in a manner which is devoted principally to the retail sale of grocery products and located in zoning districts in which these establishments are permitted as a conforming use or in districts where an existing establishment exists as a nonconforming use. Section 2: Hours and days of sale (a) Retail package licensees shall not engage in the sale of beer or malt beverages and/or wine except between the hours of 7:00 a.m. and 12:00 midnight Monday through Saturday. The hours within which business may be carried on shall be determined by the standard time in force at the time of the sale of beer or malt beverages and/or wine. (b) Retail package beer and/or wine shall not be sold at any time in violation of any local ordinance or regulation or of any special order of the governing authority. (c) No retail package alcohol beverages shall be sold on Sunday. Section 3: Use of tags or labels to indicate prices Page 32 of 42 Retailers shall indicate plainly by tags or labels on the bottles or containers or on the shelf immediately below where the containers are placed the prices of all beer and wine exposed or offered for sale. Section 4: Quantity sale requirements Single cans or bottles or other containers of alcohol beverages may be sold. Section 5: License fee and amount to defray investigative and administrative costs to accompany application Each application for a license under this article shall be accompanied by payment a certified check for the full amount as set by resolution of the City Council to defray investigative and administrative costs. Upon issuance of the license, the applicant shall make payment of the license fee. If the application is denied and the license refused, or if the applicant withdraws his application prior to being issued, the license fee shall be refunded, but the amount paid for investigation shall be retained. However, any person applying for more than one license shall pay only one fee to defray investigative and administrative expenses, which fee shall be the largest of the investigative and administrative fees authorized under this Code. As to any applicant for a license under this article who has in existence at the time of making the new application an existing license under this article, there shall be no investigative and administrative fee. Article 5: Retail Package Sales of Distilled Spirits State law references: Regulation by county or municipality required of package sales of distilled sprits, O.C.G.A. § 3-4-49 No retail package liquor licensed place of business shall be licensed to operate within five hundred (5000 yards of any other business licensed to sell package liquor at retail, as measured by the most direct route of travel on the ground; provided, however, that this limitation shall not apply to any hotel licensed under this chapter. Article 6: Wholesalers Section 1: Special provisions applicable to wholesale purchases (a) Any person desiring to sell at wholesale any alcohol beverages in the City shall make application to the City Manager for a license to do so, which application shall be in writing on the prescribed forms, and pay any license as set by the Mayor and City Council. (b) No person who has any direct financial interest in any license for the retail sale of any alcohol beverages in the City shall be allowed to have any interest or ownership in any wholesale alcohol beverage license issued by the city. Page 33 of 42 (c) No retailer shall purchase any alcohol beverage from any person other than a wholesaler licensed under this article. No wholesaler shall sell any alcohol beverage to any person other than a retailer licensed under this chapter; provided, however, that this section shall not prohibit the purchase by one retailer of another retailer's entire stock in a bona fide purchase of an ongoing business. (d) No alcohol beverage shall be delivered to any retail sales outlet in the City except by a duly licensed wholesaler. The name of the wholesale distributor shall be clearly marked on the delivery vehicle. Section 2: Hours and days of sale Wholesalers shall not engage in the sale of alcohol beverages except between 7:00 a.m. and 6:00 p.m. Monday through Saturday. There shall be no sales of alcohol beverages on Sunday. Section 3: Audit and penalties (a) If the City Manager deems it necessary to conduct an audit of the records and books of the licensee, he shall notify the licensee of the date, time and place of the audit. (b) Any licensee who violates any provisions of this article may, upon conviction, be punished by a fine of not less than three hundred dollars ($300.00) for each offense and/or thirty (30) days in the common jail of the city, and the license may be suspended or revoked. Article 7: Private Clubs State law references: Sale of distilled spirits by private clubs, O.C.G.A. § 3-7-1 et seq. Section 1: Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) “Fixed salary” means the amount of compensation paid any member, officer, agent, or employee of a bona fide private club as may be fixed for him by its members at a prior annual meeting or by the governing body out of the general revenue of the club and shall not include a commission on any profits from the sale of alcohol beverages. For the purpose of this definition, tips or gratuities which are added to the bills under club regulation shall not be considered as profits from the sale of alcohol beverages. (b) “Private club” means any nonprofit association organized under the laws of this state which: (1) Has been in existence at least one year prior to the filing of its application for a license to be issued pursuant to this article; (2) Has at least seventy-five (75) regular dues paying members; Page 34 of 42 (3) Owns, hires or leases a building or space within a building for the reasonable use of its members with: a. Suitable kitchen and dining room space and equipment; b. A sufficient number of employees for cooking, preparing and serving meals for its members and guests; and c. Has no member, officer, agent or employee directly or indirectly receiving in the form of salary or other compensation, any profits from the sale of alcohol beverages beyond a fixed salary. (c) “Sports club” means an association or corporation organized and existing under the laws of the state, organized and operated primarily to provide a location for the patrons thereof to engage in sporting events. To qualify for an alcohol beverage consumption dealer's license, a sports club must have been actively in operation within the City at least two years prior to an application for license under this chapter. Provided, however, the two-year operational requirement shall not apply to golf club associations or golf club corporations where the selling or the serving of alcohol beverages is to take place on the golf course premises. A sports club organized or operated primarily for serving of alcohol beverages shall not qualify for licensing under this article, and accordingly shall not be permitted to serve alcohol beverages at any time. Unless otherwise indicated, a sports club licensee shall comply with all other requirements imposed upon retail consumption dealers. Section 2: Regulation of sale of alcohol beverages Private clubs may sell and dispense alcohol beverages upon compliance with all applicable ordinances and regulations of the City governing the sale of such beverages and upon payment of such license fees and taxes as may be required by the existing ordinances, rules and regulations of the city. Section 3: Certain organizations exempt from food establishment requirements Veterans’ organizations, fraternal organizations, and other nonprofit organizations currently having tax exempt status under either the United States Internal Revenue Code or the state income tax law shall not be required to operate a food establishment serving prepared food. However, any such organization selling or dispensing alcohol beverages shall be subject to all ordinance regulations dealing with general licensing and consumption on the premises establishments. Section 4: Investigative and administrative costs Each application for a license under this article shall be accompanied by payment a certified check for the full amount as set by resolution of the City Council to defray investigative and administrative costs. Upon issuance of the license, the applicant shall make payment of the license fee. If the application is denied and the license refused, or if the applicant withdraws his application prior to being issued, the license fee shall be refunded, but the amount paid for investigation shall be retained. However, any person applying for more than one license shall pay only one fee to defray investigative and administrative expenses, which fee shall be the Page 35 of 42 largest of the investigative and administrative fees authorized under this Code. Any applicant for a license under this article who has in existence at the time of making the new application an existing license under this article shall pay no investigative and administrative costs. Section 5: Hours and days of sale (a) No alcohol beverages shall be sold for consumption on the premises except between the hours of 9:00 a.m. and 4 a.m. Monday through Saturday. (b) Alcohol beverages shall not be sold for consumption at any time in violation of any local ordinance or regulation or of any special order of the governing authority. (c) The sale of beer and/or wine for consumption on the premises is permitted on Sundays from 12:30 p.m. until 12:00 midnight in: (i) any licensed establishment which derives at least fifty percent (50%) of its total annual gross sales from the sale of prepared meals or foods in all of the combined retail outlets of the individual establishment where food is served; (ii) any licensed establishment which derives at least fifty percent (50%) of its total annual gross income from the rental of rooms for overnight lodging. (d) Alcohol beverages may be sold for consumption on the premises from 12:00 midnight to 2:00 a.m. on any Monday which is New Year's Day, January 1, of any year. Section 6: Eligibility for issuance of a temporary special event license (a) A temporary pouring permit license may be issued to any person, firm or corporation, for a period not to exceed ten days in any one year, for an approved special event. The person, firm or corporation must make application and pay the fee that may be required by the ordinances and shall be required to comply with all the general ordinances and the licensing and regulations for a consumption on the premises establishment with the exception of the full service kitchen requirement. (b) The special event must meet the following criterion prior to the issuance of a license to sell alcohol beverages: (1) The event must have been permitted as an approved Special Event through the City’s Community Development Department prior to issuance of a temporary pouring permit. (2) The special event must be associated with and benefit the cause of a charitable or civic organization. (3) The special event must receive approval from the City public safety department on crowd control and security measures. (4) The special event must receive approval from the City department of transportation, traffic operations section, on traffic control measures. (5) The location at which the special event is to take place must be properly zoned and approved by the City planning and development department. (6) The premises at which the special event is to take place must be approved by the City Manager. Page 36 of 42 (c) Any employee or volunteer of the special event licensee, working the special event in any position dispensing, selling, serving, taking orders or mixing alcohol beverages shall not be required to obtain a pouring permit for the special event. (d) The public safety director or his designee may immediately revoke any temporary license for a special event if it is determined continued alcohol sales may endanger the health, welfare or safety of the public. (e) As a condition on the issuance of a temporary special event license, the licensee shall indemnify and hold the City harmless from claims, demand or cause of action which may arise from activities associated with the special event. Article 8: Hotel-Motel In-Room Service Section 1: License (a) In-room service means the provision of a cabinet or other facility located in a hotel-motel guestroom which contains beer and/or wine only, which is provided upon written request of the guest and which is accessible by lock and key only to the guest and for which the sale of the beer and/or wine contained therein is final at the time requested except for a credit which may be given to the guest for any unused portion. (b) Any hotel-motel that acquires this in-room service shall also be required to obtain a consumption on the premises license and meet all of the requirements of this chapter. (c) No hotel-motel shall be authorized to provide in-room service until it has been issued a special license to do so. A license fee as set forth by resolution of the City Council be imposed to provide only beer and/or wine by "in-room service." (d) The sale of beer and/or wine by in-room service shall be subject to all restrictions and limitations relative to the retail sale of any alcohol beverages, except as provided otherwise in this article. (e) Keys for in-room service shall only be sold to guest between the hours of 7:00 a.m. until12:00 midnight Monday through Saturday and between the hours of 12:30 p.m. until midnight on Sunday. Article 9: Happy Hour Section 1: Promotions and sales (a) No licensee or employee or agent of a licensee, in connection with the sale or other disposition of alcohol beverages for consumption on the premises, shall: (1) Offer or deliver any free alcohol beverage to any person or group of persons. Page 37 of 42 (2) Deliver more than two alcohol beverages to one person at a time, however, nothing herein shall prohibit a brewpub from offering a sampler of malt beverages in containers not exceeding four ounces. Each sampler shall not exceed four different types of malt beverages. (3) Sell, offer to sell, or deliver to any person or group of persons any alcohol beverage at a price less than the price regularly charged for such alcohol beverage during the same calendar week, except at private functions not opened to the public. (4) Sell, offer to sell, or deliver to any person or group of persons an unlimited number of alcohol beverages during any set period of time for a fixed price, except at private functions not open to the public. (5) Sell, offer to sell, or deliver alcohol beverages to any person or group of persons on any one day at prices less than those charged the general public on that day, except at private functions not opened to the public. (6) Sell, offer to sell, or deliver alcohol beverages, including malt beverages, in any container which holds more than thirty-two (32) fluid ounces (.947 liters), except to two or more persons at any one time. (7) Increase the volume of alcohol contained in a drink without increasing proportionately the price regularly charged for such alcohol beverage during the same calendar week. (8) Encourage or permit on the licensed premises any game or contest which involves the drinking of alcohol beverages or the awarding of alcohol beverages as a prize. (b) Each licensee shall maintain a schedule of the price charged for all alcohol beverages to be served and consumed on the licensed premises or in any room or part thereof. The licensee shall not vary the schedule of prices from day to day or from hour to hour within a single day. The schedule of prices shall be posted in a conspicuous manner so as to be in view of the paying public, and the schedule shall be effective for not less than one calendar week. (c) No licensee shall advertise or promote in any way, whether within or without the licensed premises, any of the practices prohibited under subsection (a) of this section. (d) No provision of this section shall be construed to prohibit licensees from offering free food or entertainment at any time, to prohibit licensees from including an alcohol beverage as part of a meal package, or to prohibit the sale or delivery of wine by the bottle or carafe when sold with meals or to more than one person. (e) It is the intent of this section to prohibit activities typically associated with promotions referred to as happy hour or similarly designated promotions. (f) The public safety department shall have responsibility for the enforcement of this article. (g) No licensee may require the purchase of any alcohol beverage as a part of or prerequisite to the purchase of any other product or service. If alcohol beverages are included as part of a package of other goods and/or services, the alcohol beverages must be priced separately and all customers must be allowed to purchase the remaining goods and services without the alcohol beverages at a price from which the full price of the alcohol beverages has been deducted. Page 38 of 42 (h) Any person deemed guilty of violating this section may be punished by a fine not to exceed the maximum amount allowed by state law and/or by imprisonment not to exceed thirty (30) days in the common jail of the city. Licensees may further be subject to revocation proceedings. Article 10: Excise Taxes *State law references: Levy of tax on sale of distilled spirits by the package authorized, O.C.G.A. § 3-4-80; authorization to levy tax on wine, O.C.G.A. § 3-6-60. Section 1: Bottled Distilled Spirits by the Package and Wine by the Package; Rate (a) An excise tax is levied on the sale of distilled spirits by the package, at the wholesale level, and is set at the rate set forth by resolution of the City Council. (b) An excise tax is levied on the first sale or use of wine by the package at the wholesale level and is set at the rate set forth by resolution of the City Council. (c) The excise tax(s) imposed shall be collected by all wholesalers selling wines and alcohol beverages to persons holding retail licenses for sale to the same, in the City of Milton. Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the Revenue Division of the City of Milton, on or before the 15th day of each month, for the preceding calendar month. This remittance shall be submitted on forms as prescribed or authorized by the Revenue Division of the City of Milton. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of wine and alcohol beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of wine and alcohol beverages, by size and type of container, constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of wine and alcohol beverages in the City of Milton. Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. Section 2: Levy of Excise Tax on Sale of Malt Beverages; Reporting of Sales; Payment of Tax. (a) An excise tax is levied on the first sale and use of malt beverages at the wholesale level and is set at the rate set forth by resolution of the City Council (b) The excise taxes imposed shall be collected by all wholesalers selling alcohol beverages to persons holding retail licenses for sale to the same, in the City of Milton. Said excise taxes shall be collected by the wholesalers at the time of the wholesale sale of such beverages. It shall be the duty of each wholesaler to remit the proceeds so collected to the Revenue Division of the City of Milton, on or before the 15th day of each month, for the preceding calendar month. This remittance shall be submitted on forms as prescribed or authorized by the Revenue Division of the City of Milton. Remittances shall be accompanied by a statement under oath from a responsible person employed by the wholesaler showing the total sales of each type of malt beverage, by volume and price, disclosing for the preceding calendar month the exact quantities of malt beverages, by size and type of container, Page 39 of 42 constituting a beginning and ending inventory for the month, sold to every person holding a retail license for the sale of malt beverages in the City of Milton. Failure to file such a statement, or to remit the tax collected on or before the 15th day of each month, shall be grounds for suspension or revocation of the license provided for by this chapter. Section 3: Sales of Distilled Spirits by the Drink (a) An excise tax is levied upon every sale of alcohol beverages containing distilled spirits purchased by the drink at the retail level and is set at the rate set forth by resolution of the City Council. (b) Every licensee for the sale of distilled spirits by the drink operating a place of business in the City of Milton shall, at the time of sale for food and drinks served, itemize separately the price of each sale of alcohol beverages containing distilled spirits. (c) Every licensee is required to pay the tax imposed herein for sale of alcohol beverages containing distilled spirits by the drink within the licensed premises. Such licensee shall furnish all information as may be requested by the City to facilitate the collection of this tax. Any licensee who shall neglect, fail, or refuse to pay the tax herein provided, upon all retail sales made by licensee of alcohol beverages containing distilled spirits by the drink shall be liable for and pay the tax himself. (d) Due dates, returns and collection fees. (1) All taxes collected by any licensee by this section shall be due and payable to the City Treasurer monthly on or before the twentieth (20th) day of every month next succeeding each respective monthly period. (2) The return for the preceding monthly period shall be filed with the City of Milton in such form as the City may prescribe or authorize and signed by the licensee liable for the payment of tax hereunder. (3) Returns shall show the gross receipts from the sale of food, if applicable, alcohol beverages containing distilled spirits, indicating the number sold, by the drink, amount of tax collected or authorized due for the related period, and such other information as may be required by the City, on forms prescribed or authorized by the City. (4) The licensee shall deliver the return, together with the remittance of the net amount of tax due to the City Treasurer. (5) Licensees collecting the tax shall be allowed three percent (3%) of the first three thousand dollars ($3,000.00) of tax due and one-half percent (1/2%) of the amount in excess of three thousand dollars ($3,000.00) as a vendor’s credit under this section and shall be reimbursed in the form of a deduction in submitting, reporting and paying the amount due, if said amount is not delinquent at the time of payment. The rate of the deduction shall be the same rate authorized for deductions from state law as now or hereafter amended. Section 4: Deficiency Determinations. Page 40 of 42 (a) If the City of Milton is not satisfied with the return or returns of the tax or the amount of the tax required to be paid to the City of Milton by a party, the City may compute and determine the amount required to be paid upon the basis of any information within its possession or that may come into its possession. One, or more, deficiency determinations may be made of the amount due for any monthly period. (b) The amount determined to be deficient shall bear interest at the rate of one percent (1%) per month, or fraction thereof, from the fifteenth (15th) day of the month after the close of the period for wholesale tax due, or from the twentieth (20th) day after the close of the period for retail tax due, which the amount or any portion thereof should have been returned until paid, in addition to any other penalties which may be imposed. (c) For any deficiency which is determined to be made due to fraud, or an intent to evade any provisions of this ordinance, a penalty of twenty-five percent (25%) of the deficiency shall be added thereto. (d) The City shall give to the licensee written notice of the determination. The notice may be served personally or by mail; if by mail such service shall be addressed to the licensee at his address as it appears in the records of the City. In the case of service by mail of any notice required by this Article, the service is complete at the time of deposit in the United States Post Office. (e) Except in the case of fraud, intent to evade this ordinance, or failure to make a return, every notice of deficiency determination shall be mailed within three (3) years after the twentieth (20th) of the calendar month following the monthly period for which the amount is proposed to be determined, or within three (3) years after the return is filed, whichever period should last expire. Section 5: Determination of Tax if no Return Made. (a) If any licensee fails to make a return, the City of Milton shall make an estimate of the amounts of the gross receipts of the licensee, or as the case may be, of the amount of the total sales in the City which are subject to the tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any information which is or may come into the possession of the City. Upon the basis of this estimate, the City shall compute and determine the amount required to be paid the City. One or more determinations may be made for each period. (b) If the failure of any person to file a return is due to fraud or an intent to evade this ordinance, a penalty of twenty-five percent (25%) of the amount required to be paid by the party shall be added thereto in addition to any other penalties which are imposed under this ordinance. (c) The City shall promptly give to the party written notice of the deficiency. Section 6: Interest and Penalties for Failure to Pay Tax. Page 41 of 42 (a) Any party who fails to pay the tax herein imposed by the City of Milton or fails to pay any amount of such tax required to be paid by the party, shall in addition to the tax, pay an interest on the outstanding tax obligation at the rate of one percent (1%) per month, or fraction thereof, from the date the tax payment was last due until payment is made. (b) Any party who fails to pay the tax herein imposed to the City or fails to file any required tax return to the City, within the time required shall pay a penalty of fifteen percent (15) of the tax, or amount of the tax and interest, due the City. Section 7: Failure to Pay; Grounds for Suspension or Revocation of Retail License. Failure to pay the taxes imposed by this article or file the required return shall be grounds for suspension or revocation of any retail license to sell alcohol beverages in the City of Milton. In the event that any person holding a retail license shall fail to file the required return or to pay the taxes imposed by this article, it shall be grounds for suspension or revocation of any retail license to sell alcohol beverages in the City. In the event that any person holding a retail license shall fail or refuse to pay to the wholesaler selling to him alcohol beverages the tax imposed by the City, the wholesaler shall immediately report such failure to pay to the business license division of the City and shall make no further sales of any alcohol beverages whatsoever to said retailer until receipt of written notification to do so from the City. In such event, the tax may be collected by the City by an action at law against the retailer. Article 11: Brewpubs Section 1: Definition; licensing; excise tax; administration (a) License required. No person, firm or corporation shall be issued a brewpub license without first obtaining a retail consumption license. (b) Authorization of license holder. A brewpub license authorizes the holder of such license to manufacture on the licensed premises not more than fifteen hundred (1,500) barrels of beer in a calendar year solely for retail sale on the premises and solely in draft form. (c) Distribution. Distribution of any malt beverages produced by a brewpub licensed under this article to any wholesaler is prohibited. (d) Excise tax. There is hereby levied an excise tax on all beer and malt beverage produced by a brewpub at the rate set forth by resolution of the City Council. Such tax shall be paid to the Revenue Division no later than the twentieth (20th) day of each month for the preceding month's production. A late payment penalty not to exceed ten percent (10%) of the tax otherwise due shall be added to the amount due for any payment not received by the due date. (e) Administration. (1) The City Treasurer, or his/her designee, is authorized to establish procedures for administering all provisions of this article to include, but not limited to, reporting Page 42 of 42 forms and requirements, or establishing procedures and schedules for conducting financial audits or inspections of the books or records of any establishment licensed under this article. (2) Every brewpub located within the City shall file a monthly report with the Revenue Division, no later than the twentieth (20th) day of each month, on such forms as the Revenue Division may prescribe, setting forth all malt beverages produced during such preceding calendar month, to include beginning and ending inventories. Such report shall also indicate the total production of malt beverages during the report period and the proper tax remittance for such production. Failure to properly complete or submit the required reports shall subject the licensee to a late filing penalty set forth by resolution of the City Council. Section 2: Severability If any section, provision or clause of any part of this article shall be declared invalid or unconstitutional, or if the provisions of any part of this article as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this article not so held to be invalid, or the application of this article to other circumstances not so held to be invalid. It is hereby declared as the intent that this article would have been adopted had such invalid portion not been included herein. City of Milton ... ...... .... ... ........... ..�......................._. 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval f an Ordinance Amending Chapter 10, Taxation, Article 2 of the Code of Ordinances for the City of Milton MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: k APPROVED {) NOTAPPROVED CITY ATTORNEY �A REQUIRED: Oy YES (} NO APPROVAL BY CITY ATTORNEY ()APPROVED { } NOT APPROVED PLACED ON AGENDA FOR: REMARKS: City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on March 28 for April 12, 2007 City Council Meeting Agenda Item: Approve Revisions to Chapter 10, Article 2 - Taxation CMO (City Manager’s Office) Recommendation: Approve the recommend revision to the ordinance governing Taxation. Discussion: City of Milton Ordinance Chapter 10, Article 2 governs the area of hotel/motel taxation authority granted to the City of Milton. The revision is a further defined reference to O.C.G.A. statues, adding specific reference to O.C.G.A. § 48-13-51(a)(1) on pages 3 and 5 of the attached annotated ordinance. The state statute reference is specific to the amount of hotel/motel tax collected and the use of the revenue. Concurrent Review: Aaron Bovos, City Manager ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 10, TAXATION, 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 10, Taxation, 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 ____ day of April, 2007. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) Page 1 of 9 Chapter 10: Taxes Article 1: Ad Valorem Taxes. Section 1: Annually Set. On or before September 30 of each year the Council shall set the millage rate for ad valorem taxes for all real property within the City for ad valorem tax purpose. Section 2: Due Date. The ad valorem taxes due the City shall become due and payable between September 1 and October 31 of each year, any said taxes not paid in full by the last day specified shall, not withstanding any existing law, be in default, and shall bear interest and penalties, now or hereafter, as provided by law for taxes which are delinquent or in default, and executions shall be issued therefore, at such time the City has met the legal requirements of all state and local laws. Section 3: Fines for Delinquent Payment. (a) Any person failing to return his/her real property, for tax purposes, on or before the 31st day of October of each year shall be assessed a penalty of 10 percent of the amount of taxes due the City. Said penalty shall be in addition to the amount of ad valorem taxes due the City and also in addition any costs and interest and interest permitted by law. (b) Partial payments shall be accepted. Interest and penalties will be computed on outstanding balances as of the delinquent date. Section 4: Collection of Delinquent Taxes. (a) The duty to collect by levy and sale, or otherwise, for delinquent taxes is hereby imposed upon the City Treasurer or his/her designee as issuing officer and the Sheriff of Fulton County as execution officer. All levies of execution for delinquent taxes shall be in the name of the City. This duty may be contracted by the City Council to a third party. (b) It shall be the duty of the City Treasurer or his/her designee, to comply with all provisions of Georgia law applicable to the provision for issuing, sale and transfer of tax executions and laws governing judicial sales and to: (i) Keep a file of all newspapers in which an official advertisement appears; (ii) Keep an execution docket in which shall be entered a full description of all executions; (iii) Maintain a book of all sales; Page 2 of 9 (iv) Maintain an index to the sales and executions. (c) The City Treasurer shall sign all levies, notices, advertisements, and the like in his/her name for the City. (d) Execution issued in the name of the City for delinquent ad valorem taxes shall be directed and delivered to the Sheriff of Fulton County, who shall enter the execution upon the docket to be kept in his/her office and he shall proceed to enforce the collection of the execution in the manner prescribed by law. (e) The City Treasurer will issue all fi. fas. for delinquent taxes and the Sheriff of Fulton County shall execute such fi. fas. under the same procedures provided by law governing execution of such process from the superior court, or by the use of any other available legal process and remedies. Section 5: Assessment of Property for Ad Valorem Taxes. (a) The Fulton County Board of Tax Assessors is hereby designated to have the responsibility for assessment and valuation of property within the City limits. The City Council shall adopt the assessment and valuations made by the Board of Tax Assesses of Fulton County for all property located within the City limits, as may be established from year to year by the Fulton County Board of Tax Assessors. (b) The City Council does authorize the Tax Commissioner of Fulton County to make such adjustments in the collection of individual items of tax, and to make such refunds as may be proper and necessary, by adding to or deducting from the distribution due the City at the next period of accounting, along with stated explanation of the correction. Article 2: Hotel and Motel Tax. Section 1: Definitions: (a) Guest room means a room, lodging, or accommodation occupied or intended for occupancy by one or more occupants but does not mean a meeting room which is intended, designed, or used for meetings. (b) Hotel means a structure or any portion of a structure, including but not limited to, rooming or lodging houses, inns, motels, motor hotels and courts, hotels, cabins, public or private clubs, and tourist camps, which contain guest rooms which are regularly furnished for value to the public. (c) Occupancy means the use or possession or the right to the use or possession of any guest room in a hotel or the right to the use or possession of the furnishing of services or accommodations which accompany the use or possession of a guest room in a hotel. Page 3 of 9 (d) Occupant means any person who for a consideration uses or possesses or has the right to use or possess a guest room in a hotel under any lease, concession, contract, permit, right of access, license, or other agreement. (e) Operator means any person operating a hotel in the City, including the owner, proprietor, lessee, sub-lessee, licensee, or other entity operating the premises. (f) Person means any individual, firm, partnership, association, corporation, organization, company, estate, trust, receiver, trustee, syndicate, or other group, combination, or entity. (g) Rent means the consideration received for the occupancy of a guest room in a hotel whether received in money, property, services, or credits. (h) Tax means the tax imposed by this Article. Section 2: Tax Imposed; Exceptions. (a) Pursuant to O.C.G.A. § 48-13-51(a)(1), there is imposed, assessed, and levied, and there shall be paid an excise tax of three percent (3%) of the rent for every occupancy of a guest room in a hotel in the City. The tax shall be paid on any occupancy after December 1, 2006 within the city limits. (b) The tax imposed by this Article shall not apply to: (i) Any charges for any rooms, lodgings, or accommodations provided to any persons who certify that they are occupying such accommodations as a result of the destruction of their home by fire or other casualty; (ii) Any charges for continuous occupancy after the initial 10 days of continuous occupancy; or (iii) Any rent for a guest room in a hotel which is occupied by a Georgia state or local government official or employee who is traveling on official business. Section 3: Liability for Payment. Every person occupying a guest room in a hotel in the City is liable for the tax imposed by this Article. The liability for the tax is not extinguished until the tax has been paid to the City; however, the occupant is relieved from further liability upon the payment of the rent to the operator. Additionally, any operator who neglects, fails, or refuses to collect the tax from the occupant shall be liable for and shall pay the tax and any interest and penalties assessed. Section 4: Operator registration; certificate of authority. Page 4 of 9 (a) Every person engaged in or about to engage in the operating as an operator of a hotel in the City shall register at City Hall on a form provided by the City. Persons engaged in the business must so register not later than December 31, 2006, but the failure to register shall not relieve any person from the obligation of payment or collection of the tax. (b) The registration shall set forth the name under which the person transacts business or intends to transact business, the location of his/her place or places or business, and other information which would facilitate the collection of the tax as the City may require. The registration shall be signed by the owner if a natural person; in case of ownership by an association or partnership, by a member or a partner; in the case of ownership by a corporation, by an executive officer or some person specifically authorized by the corporation to sign the registration. (c) The City shall, after the registration, issue without charge a certificate of authority to each operator to collect the tax from the occupant. A separate registration shall be required for each place of business of an operator. Each certificate shall state the name and location of the business to which it is applicable and shall be prominently displayed therein so as to be seen and to come readily to the notice of all occupants and persons seeking occupancy. (d) The certificates shall be non-assignable and nontransferable and shall be returned immediately to the City Manager or his/her or her designee, upon the cessation of business at the location named or upon the sale or transfer of the business at that location. Section 5: Filing Return; Payment; Collector Reimbursement. (a) The tax shall become due and payable from the occupant at the time of occupancy of a guest room in a hotel in the City. All such taxes collected by the operator shall be due and payable to the City of Milton on or before the 20th day of every month next succeeding the month in which the occupancy occurs. (b) On or before the 20th day of every month, a return for the preceding month shall be filed with the City of Milton by every operator liable for the collection and payment of the tax imposed by this Article. The return shall be in such form as the City shall prescribe, and shall show the gross rent, the taxable rent, the amount of tax collected or otherwise due for such month, and such other information as the City may require. (c) The person required to file the return shall deliver the return and the remittance of the net amount of the tax due to the City of Milton. (d) If the amount of the tax due is not delinquent at the time of payment to the City, the operator may deduct three percent (3%) of the amount of the tax due as reimbursement for collecting the tax. Section 6: Disposition of Revenue. Page 5 of 9 All revenue collected by the City pursuant to this Article shall be expended in a manner consistent with Georgia law codified at O.C.G.A. § 48-13-50 et seq. § 48-13-51(a)(1). Section 7: Delinquent Penalty. Any operator who fails to pay the tax to the City on or before the due date shall pay a penalty of 10 percent of the tax not paid plus interest on the unpaid tax at the rate of 1 percent per month. Section 8: Enforcement and Administration. (a) The City Treasurer shall administer and enforce the provisions of this Article. (b) The City Treasurer shall have the power and authority to make reasonable rules and regulations not inconsistent with this Article or other laws or ordinances for the administration and enforcement of the provisions of the Article and the collection of the tax. (c) Every operator renting guest rooms in a hotel in the City shall keep such records, receipts, invoices, and other pertinent papers in such form as the City Manager or his/her or her designee, may require. (d) The City Treasurer or any person authorized in writing by the City Manager may examine the books, papers, records, financial reports, and facilities of any operator renting guest rooms and any operator liable for the tax in order to verify the accuracy of and return made or to ascertain and determine the amount of tax which should be paid. (e) In administering this Article, the City Treasurer may require the filing by operators of reports relating to the rental of guest rooms. Section 9: Penalties Any operator or person who violates any provision of this Article shall be guilty of a misdemeanor and upon conviction shall be punished as provided in this Code. Article 3: Rental Motor Vehicle Excise Tax The City Council does exercise its authority as granted by Georgia law (O.C.G.A. § 48-13-90 et seq.) to levy an excise tax on rental motor vehicles to be used for the purposes provided by Georgia law. Page 6 of 9 Section 1: Definitions: (a) Motor vehicle means a motor vehicle designed to carry ten or fewer passengers and used primarily for the transportation of persons that is rented or leased without a driver regardless of whether such vehicle is licensed in the State of Georgia. (b) Rental motor vehicle concern means a person or legal entity which owns or leased five or more rental motor vehicles and which regularly rents of leases such vehicles to the public for value. (c) Month or monthly period shall mean the calendar months of any year. (d) Rental charge means the total value received by a rental motor vehicle concern for the rental or lease of 31 or fewer consecutive days of a rental motor vehicle, including the total cash and non-monetary consideration for the rental or lease including, but not limited to, charges based on time or mileage and charges for insurance coverage or collision damage waiver but excluding all charges for motor fuel taxes or sales taxes. (e) Tax, Excise tax or taxes shall mean the tax imposed by this article Section 2: Authority and Records (a) The City Treasurer shall administer and enforce this article for the levy and collection of the tax. (b) Every rental motor vehicle concern subject to this article shall keep such records, receipts, invoices and other pertinent papers in such form as the City Treasurer may require. Section 3: Excise Tax Levied (a) There is hereby assessed and levied an excise tax upon each rental charge collected by any rental motor vehicle concern when such charge constitutes a taxable event for the purposes of the sales and use tax as provided for under O.C.G.A. chapter 8 article 1, as amended on any motor vehicle rental charge made in the City of Milton after December 1, 2006. The tax levied pursuant to this article shall be in the amount of three percent of the rental charge as defined herein. The tax levied pursuant to this article shall be imposed only at the time when and the place where a customer pay sales tax with respect to the rental charge. The customer who pays a rental charge that is subject to the tax levy as provided in this article shall be liable for the tax. The tax shall be paid by the customer to the rental motor vehicle concern. The tax shall be a debt of the customer to the rental motor vehicle concern until it is paid and shall be recoverable at law in the same manner as authorized for the recover for other debts. Page 7 of 9 (b) The rental motor vehicle concern collecting the tax shall remit the tax to the City of Milton and the tax thus remitted shall be a credit against the tax imposed by this article on the rental motor vehicle concern. Every rental motor vehicle concern subject to the tax levied by this article shall be liable for the tax at the rate of three percent (3%) upon the rental charges, actually collected or the amount of taxes collected from the customers, whichever, is greater. (c) The Council declares that the proceeds received from the excise tax levied by this article are to be expedited for use in public safety facilities, including pedestrian sidewalks, installation of traffic lights, street lighting for public safety purposes, and for the maintenance of such systems of traffic lights and streets lights within the territorial city limits. Section 4: Exceptions No tax shall be imposed pursuant to this article on the rental charge associated with the rental or lease of a rental motor vehicle if either: (i) The customer picks up the rental motor vehicle outside the State of Georgia and returns it within the State of Georgia; (ii) The customer picks up the rental motor vehicle in the State of Georgia and returns it outside the State of Georgia. Section 5: Amount of tax allowed to be retained for expenses Each rental motor vehicle concern collecting the tax imposed by this article shall be allowed to retain three percent of the tax due and collected and may retain that amount in the form of a deduction for expenses incurred in submitting, reporting and paying the amount of taxes due, if the amounts due are not delinquent at the time of payment. Section 6: Statement required showing gross rental charges and taxes (a) On or before the 20th day of each month following the month of December 2006, the motor vehicle concern liable for the tax provided for herein shall transmit to the City of Milton, a statement showing the gross rental charges and gross taxes collected through authority of this article for each preceding calendar month. Along with said statement, the motor vehicle concern shall submit the net taxes due for each particular month. (b) Failure to remit taxes by the due date shall subject the rental motor vehicle concern to a penalty of five percent (5%) of the tax then due and in addition to such penalty, interest thereon the unpaid principal amount due, computed at the rate of one percent per month. Section 7: Records Page 8 of 9 In order to aid in the administration and enforcement of the provisions of this article and collect all the tax imposed, all rental motor vehicle concerns are hereby required to keep a record rental charges for rental motor vehicles and taxes collected which are related thereto. Said records shall be open for inspection and copying by the City Manager, or his/her designee, during business hours. Section 8: Deficiency determinations (a) If the City Treasurer is not satisfied with the return or returns of the excise provided for herein, or the amount of the tax required to be paid to the city by any rental vehicle concern he/she may compute and determine the amount required to be paid (upon use of any information within his/her possession or that may come into his/her possession). Deficiency determinations may be made of the amount due for one or more monthly periods. (b) The amount of the determination made by the City Treasurer shall bear interest at the rate of one percent per month or fraction thereof from the due date of the taxes found due by him/her. (c) The City Treasurer or his/her or her designee shall give to the rental vehicle concern a written notice of any such determination. The notice may be made personally or by mail and if by mail the service shall be addressed to the operator or the of the rental motor vehicle concern at the address as the same appears in the records of the City Treasurer as provided to him/her by each rental motor vehicle concern. Service shall be complete when delivered by certified mail with a receipt signed by an addressee or agent addressee. (d) Except in cases of failure to make a return, every notice of deficiency determination shall be mailed within three years after the 20th day of the calendar month following the period in which the amount proposed to be determined or within three years after the return was filed, whichever period shall expire last. Section 9: Audit authority Duly authorized employees of the city upon exhibition of identification and during regular business hours may examine and copy the books, papers, records, financial reports equipment and other facilities if necessary of any rental motor vehicle concern in order to verify the accuracy of any return made pursuant to this article, or if no return is made by the rental motor vehicle concern, to ascertain or determine the amount of tax required to be paid. Section 10: Withholding tax on sale of business (a) If any rental motor vehicle concern liable for any amount under this article transfers or sells its business or quits the business, its successors or assigns shall withhold sufficient amounts from the purchase price to cover the amount required to be paid pursuant to this article until the former owner or operator of the rental motor vehicle concern produces a receipt from the City Page 9 of 9 Treasurer or his/her designee showing that the indebtedness has been paid or a certificate stating that no amount is due. (b) If the purchaser of a business or rental motor vehicle concern fails to withhold from the purchase price as required herein such purchaser shall be personally liable for the payment of the amount of the outstanding tax required to be withheld by him to the extent of such purchase price. Section 11: Penalty for violation (a) In addition to the interest charges and delinquent penalties specified in this article any person violating any provision of this article shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in this Code. Such persons shall be guilty of a separate offense for each and every day during which any violation of any provision of this article is committed, continued, or permitted by that person and shall be punished accordingly. (b) The tax levied by this article shall be effective on the first day of December 2006 and shall continue until its permissible existence shall expire as provided by law. City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: An Ordinance Amending Chapter 6, Ethics and Standards of Conduct of the City of Milton Code of Ordinances MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION. (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: kAPPROVED () NOT APPROVED CITY A TTORNEYAPPReVA REQUIRED: 00 YES { j NO MIS APPROVAL B Y CI TY A TTORNEY ()APPROVED {) NOT APPROVED PLACED ON AGENDA FOR REMARKS: N>p -- 12, 2-0-)`7 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: March 12, 2007 for placement on the April 12, 2007 and April 19, 2007 City Council Agendas Agenda Item: An Ordinance Amending Chapter 6, Ethics and Standards of Conduct, of the City of Milton Code of Ordinances CMO (City Manager’s Office) Recommendation: Approve the attached ordinance amending Chapter 6, Ethics and Standards of Conduct, of the City of Milton Code of Ordinances. Background: The City adopted Chapter 6, Ethics and Standards of Conduct, on November 21, 2006 at a specially called meeting. Upon implementation of several of the City’s boards, committees, and commissions, the originally adopted Chapter 6 is not consistent with practical application and is submitted by staff to the Mayor and Council for amendment. Discussion: Section 12 of the ordinance addresses the Board of Ethics. Several changes have been made to this section and are highlighted/annotated on the attached document. Specifically, the following changes were made: • Section (a) - the reference to a five (5) member board, with two alternatives was deleted and a seven (7) member board created. • Section (c) – language was added which required board members to live in the electoral district for which they were nominated. • Section (e) – changed the staggered terms to equal the term of the elected official who nominated the member. Alternatives: N/A Concurrent Review: N/A ORDINANCE NO. 2007-______ STATE OF GEORGIA COUNTY OF FULTON A ORDINANCE AMENDING CHAPTER 6, ETHICS AND STANDARDS OF CONDUCT, AND PROVIDING FOR INCLUSION AND IDENTIFICATION IN THE CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA TO BE REFRENCED IN THE FUTURE AS CHAPTER 6 (ETHICS AND STANDARDS OF CONDUCT) AS ATTACHED HERETO AND INCORPORATED HEREIN WHEREAS, it is in the best interest of the municipality to periodically update ordinances; and WHEREAS, the Mayor and City Council deem it in the best interest to have operations match with respective Ordinances. THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular session on the _____ day of ___________________, 2007 at _________ p.m. as follows: SECTION 1. That the Ordinance relating to Ethics and Standards of Conduct is hereby adopted and approved; and is attached hereto as if fully set forth herein, amending the Ordinance adopted on November 21, 2006; and SECTION 2. That this ordinance shall be designated as Chapter 6 of the Code of Ordinances of the City of Milton, Georgia; and SECTION 3. That this Ordinance shall become effective upon its adoption; and SECTION 4. That any Ordinances or parts of Ordinances in conflict herewith shall be repealed. ORDAINED this ______ day of April, 2006. Approved: _____________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) Chapter 6: Code of Ethics and Standards of Conduct Section 1. Declaration of Policy Section 2. Purposes of Ordinance Section 3. Exemptions Section 4. Who is Covered Section 5. Duties Section 6. Conflict of Interests and Personal Benefits Prohibited Section 7. Duty to Leave Meeting Section 8. Public Contracts Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest Section 10. Unauthorized Outside Employment Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position Section 12. Board of Ethics Section 13. Duties and Powers of the Board Section 14. Custodian of Records Section 15. Who May Request Board Action Section 16. Limitations on Board’s Power Section 17. Procedures for Hearing Complaints Section 18. Those Subject to Removal Only by the Governing Body Section 19. Ex Parte Communications Section 20. Confidentiality of Board Information Section 21. Waiver of Confidentiality Section 22. Statute of Limitations Section 23. Penalties Section 24. Penalties Cumulative Section 25. Liberal Construction of Ordinance Section 26. Severability Section 27. Effective Date APPENDIX OF DEFINITIONS 2 Section 1. Declaration of Policy (a) The City of Milton government is a representative democracy. Those who are elected, appointed, hired, volunteer or campaign to serve the public as representatives accept a public trust, which they share with those whom they elect, appoint, hire or otherwise enlist to help them serve the public. Public trust requires that acts which are contrary to the public interest be defined and prohibited; that there be an orderly procedure for raising and addressing ethical questions; that ethical behavior be encouraged and suitably rewarded; and that unethical behavior be discouraged and suitably disciplined through a process which is fundamentally fair. (b) It is the responsibility of each public servant to act in a manner which contributes to cultivating public trust in the integrity of government and avoiding even lawful activity when the appearance of impropriety would lessen the public’s confidence. (c) In adopting this Ordinance, the City recognizes that: (1) public servants are also members of society and, therefore, share the same general personal and economic interests in the decisions and policies of government as all members of the community; and (2) public servants retain their rights to publicly express their views on matters of general public interest, and to express their opinions on the effect of public actions on their personal or economic interests or rights; and (3) it is sound public policy for standards of ethical conduct for public servants to distinguish between those minor and inconsequential conflicts that are unavoidable in a free society, and those conflicts which are personal, material and avoidable; and (4) public servants are entitled to engage in employment, professional or business activities, other than official duties, in order to support themselves and their families and to maintain a continuity of professional or business activity, and are entitled to maintain investments; and (5) in the City it is possible and reasonable to require public servants to engage in employment, professional or business activities and to maintain investments which do not impede or undermine the integrity of their service to the City. (d) This Ordinance provides the minimum standards below which a public servant’s conduct cannot fall without the risk of penalty. The principal policy which forms the foundation of this Ordinance is to encourage internal commitment by establishing and maintaining a work environment which supports integrity with pride and enthusiasm. A work environment which supports integrity includes public servants who: 3 (1) recognize with gratitude that the primary reason they hold a public position is to serve the public; and (2) are motivated and committed to pursue ethical ideals which always exceed minimum standards and often achieve the highest standards; and (3) encourage ethical practices which protect, advance and promote the public interest; and (4) recognize that the most effective way to eradicate unethical practices is to consistently act ethically themselves, and to consistently react appropriately with respect to the ethical decisions of others; and (5) when they observe serious unethical practices, there is a responsibility to promptly disclose them to appropriate authorities, and encourage others to do the same; and (6) insure that those for whom they are responsible are aware of minimum standards of ethics below which their conduct cannot fall without the risk of disciplinary consequences; and (7) when circumstances warrant, appropriately discipline those who are proven to have engaged in unethical behavior. Section 2. Purposes of Ordinance This Ordinance, along with the attached Appendix of Definitions incorporated herein by reference, is adopted to: (a) identify the minimum standards of ethical conduct which public servants must meet; and (b) adequately educate public servants, and any subordinates, in the principles of ethics, (c) encourage public servants to pursue the highest ethical ideals which they can achieve; and (d) provide a process by which public servants may identify and resolve ethical issues; and (e) provide a process to ensure the prompt disclosure by public servants of serious unethical practices, and encourage others to do the same; and (f) provide a fair and impartial process by which alleged violations of this 4 Ordinance may be heard; and (g) provide for a just and reasonable balance among the rights of all individuals who are directly affected by the operation of this Ordinance; and (h) establish penalties, as appropriate, for public servants who violate the public trust. Section 3. Exemptions (a) This Ordinance does not prevent any public servant from accepting other employment or following any pursuit which in no way interferes with the full and faithful discharge of his or her public duties, provided that the public servant complies with all applicable City requirements, including any requirements imposed by this Ordinance. (b) No public servant shall be deemed to have a conflict of interest by virtue of carrying out any contract pursuant to which the public servant directly or indirectly received income or benefits in the form of compensation for the performance of official duties. (c) A former public servant is not prohibited from entering into a contract to represent the City in any matter. (d) No public servant shall be deemed to have a conflict of interest by virtue of sharing, directly or indirectly, in the benefit of a lawful City action when the benefit to the public servant is substantially the same as the benefit to the public at large or to a segment of the public to whom the benefit is provided in a nondiscriminatory manner. (e) This Ordinance does not prohibit any public servant from taking any action to approve the lawful payment of salaries, employee benefits, reimbursements of actual and necessary expenses, or other lawful payments which are authorized in accordance with City policies. (f) This Ordinance does not prohibit public servants from taking any official action properly within the scope of their duties with respect to any proposal to enact or modify law or public policy. (g) This Ordinance does not prohibit an elected official or other public servants from raising campaign contributions in any manner which is otherwise permitted by law. (h) This Ordinance does not prohibit communication between an individual or organization and a candidate regarding the candidate’s views, record or plans for future action regarding an issue or measure in an attempt to determine a candidate’s viewpoints or how the candidate plans to act in the future, if such communication results in an 5 endorsement of the candidate, a decision not to endorse the candidate, or a contribution or expenditure required to be recorded or reported under a state statute. (i) Actions which might otherwise be alleged to constitute a conflict of interest shall be deemed to comply with this Ordinance and not to be a conflict of interest if: (1) before acting, the public servant requested and received a written opinion from the City Attorney or a formal ethics opinion or a confidential advisory opinion from the Board in accordance with the procedures established in this Ordinance; and (2) the material facts, as stated in the request for an opinion, are true and complete; and (3) the actions taken were consistent with the opinion. Section 4. Who is Covered This Ordinance applies to all public servants, as the term is defined in this Ordinance, except that it shall not apply to a municipal judge when the judge is acting in a judicial capacity. Section 5. Duties (a) No public servant or former public servant shall divulge any confidential information to any person who is not authorized to have it nor divulge to any unauthorized person confidential information acquired in the course of holding his or her position in advance of the time prescribed by the governing body, administrators, or other applicable law for its release to the public. (b) All public servants shall respond fully and truthfully to any inquiries by the City Attorney or the Board in connection with the investigation of an alleged or potential violation of this Ordinance. All public servants shall cooperate fully in any investigation by the City Attorney or the Board, and shall locate, compile and produce for them such information as they may request, unless the information requested is exempt from disclosure under this Ordinance or other applicable law. (c) All public servants must report a violation of this Ordinance of which they have knowledge to the City Clerk or the Mayor, who shall forward such report to the Board. (d) In addition to being a violation of other laws, it is also a violation of this Ordinance for any public servant to: 6 (1) be convicted of any felony or misdemeanor involving moral turpitude; or (2) be found liable of violating any federal, state or city law prohibiting discrimination or sexual harassment; or (3) be found liable of violating any federal, state or city laws prohibiting retaliation against public servants who assert a lawful claim of any nature or otherwise engage in lawfully protected activity; or (4) be found liable of violating any state laws governing lobbying activities or regulating political activity. Section 6. Conflict of Interests and Personal Benefits Prohibited (a) Except as otherwise permitted under applicable federal, state and city laws and policies, including the City’s procurement policies, no public servant shall have a personal interest in any official action. (b) No public servant shall accept or receive, directly or indirectly, from any person, including one whose identity is unknown to the public servant, any personal benefit under circumstances in which it can reasonably be inferred that the benefit is intended to influence the public servant or as a reward for any official action of the public servant. (c) No person, including any vendor, contractor, business, or board of the City, shall offer or give any personal benefit to any public servant or any partner-in- interest of the public servant. (d) No public servant nor partner in interest of that public servant shall solicit from any person, directly or indirectly, any personal benefit, regardless of value, or the promise of receiving a personal benefit in the future, for the public servant. (e) No current or former public servant shall intentionally use or disclose information gained in the course of, or by reason of, his or her official position or activities in any way that could result in the receipt of any personal benefit for the public servant, for a partner in interest of that public servant, or for any other person. This provision shall not: (1) prohibit the disclosure of public information; or (2) prohibit the disclosure of information the public servant has been authorized to disclose; or (3) prohibit the disclosure of any such information to incumbent public servants to whom the information may be pertinent; or 7 (4) prevent the disclosure of violations of this Ordinance or other illegal acts to the proper authorities; or (5) prohibit the disclosure of any such information the disclosure of which is required by law. Section 7. Duty to Leave Meeting To avoid the appearance of impropriety, after any public servant or a partner in interest is determined to have a conflict of interest or a potential conflict of interest in any matter, and once all questions relating to the conflict of interest have been answered to the satisfaction of the decision maker, the public servant shall immediately leave the meeting room, except that if the matter is being considered at a public meeting, the public servant may remain in the area of the room occupied by the general public. Nothing herein shall require members of voting bodies to leave their seats while action is taken regarding any item contained on a “consent agenda” on which there is no deliberation, the public servant’s conflict has been disclosed, and the public servant abstains from voting on the item. Section 8. Public Contracts (a) The City is prohibited from entering into any contract with a business in which a public servant or a public servant’s partner in interest has a controlling interest involving services or property of a value in excess of $2,500. (b) Any public servant who has or may have a personal interest in any contract shall disclose such interest prior to the first of any of the following events: the solicitation of a contract; the bidding of a contract; the negotiation of a contract; or the approval of a contract by the governing body. (c) Any contract entered into in violation of this Section may be voided by the City in an action commenced within three (3) years of the date on which the Board, or the department or officer acting for the City in regard to the allocation of funds from which such payment is derived, knew or should have known that a violation of this section occurred. This section does not affect the application of any state statute. (d) Mandatory Provision in Volunteer Agreements. Volunteers share in receiving the public’s trust and in the responsibility to contribute to creating and maintaining an ethical work environment. Volunteers serve without the expectation of receiving any compensation from the City, and it is improper for any Volunteer to seek any compensation. Volunteers, unless expressly authorized by a public servant empowered to grant such authorization, are prohibited from acting as Volunteers in any matter in which they have a conflict of interest or a potential or alleged 8 conflict of interest; or in any matter in which they hope to receive any personal benefit. Section 9. Disclosure of Conflict of Interest or Potential Conflict of Interest (a) A governing body member who has or may have, a conflict of interest in a matter which requires an official action by any decision maker, shall, before the matter is decided, disclose the conflict of interest or the potential or alleged conflict of interest; if the member of the governing body believes that no conflict of interest exists, or that despite any alleged or potential special interest, such governing body member is nevertheless able to vote and otherwise participate fairly, objectively and in a manner consistent with the public interest, then the member shall so state in the written disclosure. (b) If any member of the Board has or may have a conflict of interest in any matter before the Board, such member shall not appear before the Board, discuss, debate, deliberate about, act upon, vote upon or otherwise participate in or influence the decision-making process pertaining to the matter in which the member has a conflict of interest. (c) If the City Attorney or any Assistant City Attorney has or may have a conflict of interest in any matter before the Board, or if any attorney who is responsible for performing any functions on behalf of the Board is precluded from doing so because of a legal conflict of interest which cannot be resolved by the City Attorney’s Office internally by screening or some other method, the City Attorney shall disclose the personal interest, or the nature of the conflict, to the Board. If the Board determines that the City Attorney has a personal interest in the matter, or if the City Attorney determines that the City Attorney’s Office cannot resolve the conflict in a manner which will allow the City Attorney’s Office to perform its duties properly, then the Board may engage outside counsel upon terms and conditions approved by the governing body. (d) Any public servant who has or may have a conflict of interest shall disclose it. After receiving a disclosure, the City Clerk shall: (1) maintain a record of such disclosure; and (2) promptly forward copies of the disclosure to any person named in the disclosure, the Board and the City Attorney. (e) Any public servant who believes that any other public servant has a conflict of interest in any agenda item before a governmental body shall disclose such interest to the City Clerk, and the City Clerk shall forward copies of such disclosure to the person alleged to have a conflict of interest, the Board and the City Attorney. (f) A public servant, in addition to disqualifying himself or herself from participation in any decision regarding the pecuniary or employment interest of a partner in interest, shall make known the existence of the relationship and the interest by filing, with the City Clerk a written disclosure of the relationship and the nature and extent of 9 the conflict of interest involved. Section 10. Unauthorized Outside Employment (a) The purposes of the policies governing unauthorized outside employment are to prevent conflicts of interest and conflicts of loyalty; to prevent abuses regarding dual compensation, payment for work not done, or unlawful gifts of public funds; and to prevent excessive loss of efficiency in the performance of public service. (b) A public servant shall not accept any employment, nor enter into any contract, nor perform any service for compensation that results in a financial conflict of interest or a conflict of loyalties which would affect the performance of the public servant’ s official duties. (c) Employees. (1) An employee of the City may be self-employed or may take occasional or part-time jobs if, in the opinion of his or her department head, there is no conflict with working hours, the employee's efficiency in his or her City work, or other interests of the City. (2) Before engaging in outside employment, employees shall have the written approval of their department heads. (3) Public servants who hold management level positions shall notify the City Manager prior to creating, contracting with, or being employed by any business other than the City. The City Manager shall provide written approval or disapproval of the notification within a reasonable time. Any action undertaken by the City Manager shall require prior approval by the City Council. (4) All requests for approval of outside employment shall state the type and place of employment, the hours of work and the employer's name and address. (5) City employment shall remain the employee’s first priority, and if at any time the outside employment interferes with an employee's job requirements or performance for the City, the employee shall be required to modify the conditions of the outside employment or terminate either the outside employment or the City employment. (d) City Attorney and Assistants. Neither the City Attorney nor any Assistant City Attorney shall engage in any unauthorized private practice of law for compensation during the period in which they hold office. To the extent they may be authorized to engage in the private practice of law, they shall comply with the state laws governing the professional conduct of lawyers, and any violation of those laws while they are acting as attorneys for the City shall also be deemed to be a violation of this Ordinance. 10 Section 11. Prohibited Conduct, and Other Abuses or Misuses of Position (a) Public servants of the City shall treat all citizens with courtesy, impartiality, fairness, and equality under the law, and shall avoid both actual and potential conflicts between their private self-interest and the public interest. Prohibited conduct of each such public servant shall include, but not be limited to, the following: (1) granting or making available to any person any special consideration, treatment, advantage, or favor beyond that which it is the general practice to grant or make available to the public at large; (2) requesting, using or permitting the use of any publicly-owned or publicly-supported property, vehicle, equipment, labor, or service for the personal convenience or the private advantage of oneself or any other person, except as otherwise allowed by law; (3) participating in the deliberation of or voting on any matter involving personal financial or personal interest; (4) engaging in private employment with, or rendering services for, any private person who has business transactions with the City, unless employee has made full public disclosure of such employment or services; (5) appearing on behalf of any private person, other than oneself, before any public body in the City; (6) accepting any gift, whether in the form of money, thing, favor, loan, or promise, that would not be offered or given to the employee if the individual were not an official or employee; (7) disclosing any confidential information concerning any official or employee, or any other person, or any property or governmental affairs of the City, without prior formal authorization of the governing body; (8) using or permitting the use of confidential information to advance the financial or personal interest of the individual or any other person; (9) ordering any goods and services for the City without prior official authorization for such an expenditure. (10) use his or her superior position to request or require an employee to: 11 (i) do clerical work on behalf of the member's family, business, social, church or fraternal interest when such work is not furthering a City interest; or (ii) perform any work outside the employee's normal course of municipal employment; or (iii) purchase goods and services for personal, business, or political purposes; or (iv) work for him or her personally without offering just compensation. (11) A City Council Member shall not draw per diem or expense monies from the City to attend a seminar, convention, or conference and then fail to attend the seminar, convention, or conference without refunding the pro-rata unused per diem or expense monies to the City. (b) No public servant shall hold any other office, elected or appointed, in any other governmental entity, when the duties of such office are incompatible with the proper discharge of the public servant’s duties with the City. For purposes of this Ordinance, the holding of any office, elective or appointive, with any other governmental entity by any member of the governing body or of a board is hereby prohibited in any one of the following circumstances: where one office is subordinate to the other; where one office carries the power of removal of the other; or where the occupancy of both offices is prohibited by the City Charter or other law. (c) No public servant shall falsely represent his or her personal opinion to be the official position of the City, and no public servant shall falsely represent his or her personal opinion to be the official position of any board or City administrators. This subsection shall not apply to statements of elected officials made in the course of fulfilling the responsibilities of their offices or in running for election to office, nor shall it apply to the professional opinions of City officers or employees rendered in the course of performing their duties, provided that such opinions are clearly identified as professional opinions. (d) All public servants have a fiduciary duty to use City fiscal and human resources in a manner which advances the public interest, and to refrain from using City resources for their personal benefit; therefore, public servants are prohibited from using City resources in any manner which violates any applicable law or policy, and are expressly prohibited from using any City resource to obtain any personal benefit. (e) No public servant shall use his or her official authority or position to influence or interfere with or affect the results of any election, nor to solicit or receive contributions from City employees in connection with any City election. 12 (f) No public servant shall suppress any public document, record, report or any other public information available to the general public because it might tend to unfavorably affect their private financial, personal, or political interest. (g) When a public servant, in the course of carrying out his or her duties, has been offered or is discussing future employment with a business that is presently dealing with the City concerning matters within the public servant's current official duties, that person shall disclose such possible future employment to the City Manager. The City Manager shall disclose such possible future employment to the City Council. (h) No member of the governing body having a personal interest in a matter shall represent himself or herself or any other person before the governing body in connection with that matter, nor in connection with any matter in which a partner in interest has a personal interest, except in cases where a legal right to self-representation exists. (i) No member of a board having a conflict of interest shall represent himself or herself or any other person before that board in connection with that matter, nor in connection with any matter in which a member of his or her immediate family or a business with which he or she, or a member of his or her immediate family, is associated has a prohibited interest, except in cases where a legal right to self-representation exists. (j) No member of a board who is prohibited by this provision from representing himself or herself before that board shall represent himself or herself in the appeal of any decision of that board to any decision maker. Section 12. Board of Ethics (a) There is created a Board of Ethics consisting of seven members five (5) members, and two (2) alternate members. Each member of the Board of Ethics shall have been a resident of the City for at least one (1) year immediately preceding the date of taking office and shall remain a resident of the City while serving as a member of the Board of Ethics. (b) Members of the Board shall not be elected officials, persons appointed to elective office, full-time appointed officials (whether exempt or nonexempt), or City employees, and shall hold no elected public office nor any other City office or employment. (c) Members of the Board shall be appointed by the Mayor and approved by the City Council. Each member appointed to the Board shall be a resident of the electoral district for which they are nominated. An appointment to fill a vacancy on the Board shall be made by the Mayor and approved by the City Council. (d) The Board shall elect one (1) of its members to serve as chairperson of the Board. 13 (e) Board members shall serve staggered terms of no more than three (3) years consistent with the term of the elected official who nominated them to the board. A member shall hold office until a member’s successor is appointed. (f) No person may serve more than two (2) consecutive terms as a Board member. (g) The Board's deliberations and actions upon requests shall be open to the public. (h) Members of the Board are Volunteers and shall serve without compensation. The governing body shall provide meeting space for the Board of Ethics. Subject to budgetary procedures and requirements of the City, the City shall provide the Board of Ethics with such supplies and equipment as may be reasonably necessary to perform its duties and responsibilities. (i) The governing body shall provide such staff support for the Board as the governing body determines to be necessary for the Board to fulfill its duties and responsibilities. The City Attorney is designated to be the legal advisor for the Board, except that the City Attorney is not authorized to represent the Board in any legal action if doing so would create a conflict which would prevent the City Attorney from also representing the Mayor, the City Manager, or City Council. The City Clerk shall serve as Recording Secretary to the Board. Section 13. Duties and Powers of the Board (a) The Board shall, in addition to its other duties: (1) develop and adopt written procedural rules, which rules shall be subject to the approval of the Mayor and City Council, and filed with the City Clerk; and (2) be authorized to administer oaths; and (3) conduct hearings as needed to hear and decide specific cases in which a violation of this Ordinance is alleged, whether such cases arise from a complaint or are brought on the Board’s own motion; and (4) no later than December 1st of each year, submit an annual report to the Mayor and City Council concerning its action, if any, in the preceding year, which shall contain a summary of its decisions and opinions; the Board shall make any alterations in the summaries necessary to prevent disclosure of any confidential information pertaining to any individual or organization; and (5) establish a process for evaluating all significant aspects of the administration and implementation of this Ordinance; and 14 (6) prescribe and make available necessary forms for use under this Ordinance; and (7) when necessary, request assistance from the City Attorney in compelling the production of documents and witnesses to assist in any investigation; and (8) when necessary, retain outside legal counsel and other experts as needed after solicitation of recommendations from the City Attorney (unless the need to retain outside counsel is caused by a conflict involving the City Attorney’s Office), and upon approval by the governing body of a contract for services approved as to form by the City Attorney. (b) The Board may: (1) conduct meetings and hearings as the Board determines necessary or appropriate: (i) to ascertain public opinions and to gather information from the general public, employees, or others regarding any aspect of the City’s ethics policies or practices; and (ii) for any other purpose for which the Board is authorized to conduct hearings; and (2) respond, as it deems appropriate, to requests for confidential advisory opinions; the Board may decline to render an opinion in response to any request for an advisory opinion; and (3) render and publish written formal opinions on any matter within the scope of the Board’s authority; the Board may initiate opinions on its own motion or upon request; and (4) at the request of a person, the City Attorney may render an informal opinion with respect to the prospective conduct of such person. Nothing in this Ordinance shall be construed to prohibit a request for an informal opinion by any public servant from the City Attorney regarding a potential conflict of interest. If the City Attorney elects to render an informal opinion, the City Attorney shall, within a reasonable time, submit a written summary of the opinion to the Board for the Board’s information; if the City Attorney declines to render an informal opinion, nothing shall preclude the person requesting the opinion from requesting the Board for an opinion; and (5) prepare and publish special reports, technical studies, and recommendations to further the purposes of this Ordinance; and (6) make recommendations to the Mayor and City Council of legislative or administrative actions regarding the City’s policies and practices which the 15 Board believes could enhance the ethical environment in which public servants work; and (7) make recommendations to the City Manager and City Attorney with respect to the development of an educational program for public servants subject to this Ordinance, new Board members, and the public about their rights, duties and responsibilities hereunder. Section 14. Custodian of Records The City Clerk shall serve as legal custodian of the Board’s records, and accept, file, maintain and administer, in accordance with all applicable laws, any information related to the purposes of this Ordinance. Section 15. Who May Request Board Action (a) Any person may file a request for Board action with the City Clerk, either personally or on behalf of an organization or governmental body, and may request of the Board an ethics opinion, whether a formal opinion or a confidential advisory opinion, regarding the propriety of any matter or matters to which the person is or may become a party; and any decision maker, with the consent of a prospective appointee, may request of the Board an ethics opinion regarding the propriety of any matter to which the public servant, prospective public servant or former public servant is or may become a party. (b) Any request for Board action shall be in writing, and shall be signed by the person making the request. Section 16. Limitations on Board’s Power The Board does not have the authority to reverse or otherwise modify a prior action of the Mayor, governing body, or an officer or employee of the City. If the Board finds a prior action of the Mayor, the governing body, officer or employee to have been ethically improper, the Board may advise the appropriate party or parties that the action should be reconsidered. Upon such advice by the Board, the action shall be reconsidered by the appropriate person or public body. If the Board determines an existing City contract to be ethically improper, after such determination and advice from the Board, the City may void or seek termination of the contract if legally permissible. The Board may refer a matter to the City Attorney for review and consideration for appropriate action. Upon completion of review and consideration, the City Attorney’s Office shall report its findings to the Board. Section 17. Procedures for Hearing Complaints (a) Any person may file a written complaint, signed and sworn in the presence of a notary, with the City Clerk alleging a violation of this Ordinance. (b) A complaint shall specify the provisions of this Ordinance alleged to have been violated and facts alleged to constitute the violation. 16 (c) Upon receipt of such a complaint, but in any event not later than five (5) working days after receipt, the City Clerk shall acknowledge receipt to the complainant(s), and forward the complaint simultaneously to the Board, the person who is complained against and the City Attorney. (d) The City Attorney shall provide the Board with a preliminary written analysis of the complaint no later than thirty (30) days from the date the complaint is filed with the City Clerk. (e) During any investigation and during any hearing which is conducted to determine whether a violation of this Ordinance has occurred (1) the person under investigation or the accused may be represented by counsel of his or her own choosing; and (2) the accused or his or her representative, if any, shall have an opportunity to (i) challenge the sufficiency of any complaint which has been filed against him or her; and (ii) examine all documents and records obtained or prepared by the Board in connection with the matter heard; and (iii) bring witnesses; and (iv) establish all pertinent facts and circumstances; and (v) question or refute testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses; and (vi) exercise, to the extent the Board, in its discretion, determines to be just and reasonable, any pretrial discovery procedure usually available in civil actions. (f) The following principles shall apply regarding evidence in connection with hearings conducted by the Board: (1) The Board shall not be bound to adhere to statutory Rules of Evidence, but shall be fundamentally fair and reasonable in its administration of evidence; and (2) All evidence including certified copies of records which the Board considers shall be fully offered and made a part of the record in the proceedings; and (3) The accused or any other person under investigation shall be afforded adequate opportunity to rebut or offer countervailing evidence; and 17 (4) The Board shall inform the accused or his or her counsel of exculpatory evidence in its possession; and (5) The standard of evidence sufficient to prove a violation in hearings conducted under this Ordinance shall be by a preponderance of the evidence admitted at the hearing. (g) The Board, in addition to its other duties and powers, may: (1) appoint a hearing officer to conduct hearings under this Ordinance; and (2) with the approval of the governing body, retain outside legal counsel and other experts as needed with respect to hearings in accordance with its policies. The selection of a hearing officer and outside counsel and other experts and any contract for such persons shall be made after solicitation of recommendations from the City Attorney and upon approval by the governing body of a contract for services approved as to form by the City Attorney; and (3) order testimony to be taken by deposition before any individual who is designated by the Board and, in such instances, to compel testimony and the production of evidence to the extent it is otherwise lawfully authorized to do so; and (4) require any person to submit in writing such reports and answers to questions relevant to the proceedings as the Board may prescribe, such submission to be made within such period and under oath or otherwise as the Board may determine; and (5) request and obtain copies of state income tax returns and access to other appropriate information as permitted under state law regarding all persons who are the subject of such investigation. (h) The person complained against shall have thirty (30) days from the date of receipt of the complaint from the City Clerk to submit a written response prior to the Board deciding whether to hold a hearing. (i) Any person whose name is mentioned or who is otherwise identified during a hearing and who, in the opinion of the Board, may be adversely affected thereby, may, upon request of the person or a representative of the person, or upon the request of any member of the Board, appear at the hearing to testify on his or her own behalf or have a representative appear to so testify, and the Board may permit any other person to appear and to testify at a hearing. (j) Upon request of the accused, on its own motion, or upon request of the City Attorney, the Board shall be authorized to issue subpoenas to compel the attendance of necessary witnesses. 18 (k) Within thirty (30) days, following receipt of the City Attorney’s analysis, the Board shall review and consider the complaint and the City Attorney’s analysis, and, if a hearing is to be held, shall set a date certain for the hearing to take place within thirty (30) days of said review by the Board, unless the accused petitions for and the Board consents to a later date. (l) As soon as practicable after giving due consideration to a complaint, or, if a hearing was held, after the hearing, the Board shall take any action or combination of actions which it deems appropriate and which it is lawfully empowered to take, including, but not limited to the following: (1) dismiss the complaint based on any of the following grounds: (i) the complaint does not allege facts sufficient to constitute a violation of this Ordinance; or (ii) the Board has no jurisdiction over the matter; or (iii) failure of the complainant to cooperate in the Board’s review and consideration of the complaint; or (iv) the complaint is defective in a manner which results in the Board being unable to make any sound determination; and (2) determine that no violation of this Ordinance has occurred; or (3) determine that the complaint alleges facts sufficient to constitute a violation of this Ordinance and that the Board will conduct a hearing, in which case the Board shall promptly send written notice of such determination to the accused and to the complainant; or (4) determine that further information is required to determine whether the complaint alleges facts sufficient to constitute a violation of the Ordinance; and (i) conduct its own investigation of any alleged violation; or (ii) request the City Attorney to investigate the complaint and report all findings back to the Board; or (iii) schedule the complaint for further review and consideration at a future time certain, in which case the Board shall promptly send written notice of such determination to the accused and to the party who made the complaint; or (iv) refer the complaint for criminal investigation or prosecution; or 19 (v) refer the complaint, along with the Board’s findings and conclusions, to any appropriate administrative authority for disciplinary action or other suitable remedial action; the Board, although it has no independent administrative authority, may make any recommendation to any City administrator at any level of supervision, if the Board finds that the recommendation will advance the objectives of this Ordinance. (5) After it has made its final determination, the Board shall issue its written findings of fact and conclusions, and may issue any additional reports, opinions and recommendations as it deems necessary. All such reports shall be in compliance with all state and city laws governing confidentiality, open government, and torts. All such reports shall be reviewed by the City Attorney prior to issuance. Section 18. Those Subject to Removal Only by the Governing Body (a) If findings relative to an elected or appointed official are filed by the Board with the governing body, the matter shall be referred to the appropriate standing committee of the governing body for a report, or the governing body may appoint a special committee and proceed in accordance with any other applicable state or local laws. (b) The committee, in reporting the matter to the governing body, may recommend a dismissal of the charges, a reprimand, or a hearing before the governing body to determine whether removal from office is warranted under the applicable provisions of the state and local laws. Failure of an official to file the required financial disclosure statement may constitute grounds for removal from office. (c) Any hearing by the governing body or by a special or standing committee as designated by the governing body, shall be conducted in accordance with the following provisions: (1) The accused official must be given at least thirty (30) days notice of the hearing date. (2) The rules of evidence of the Official Code of Georgia shall apply to the hearing. All evidence, including certified copies of records and documents which the governing body considers shall be fully offered and made part of the record in the case. (3) Each party shall be afforded adequate opportunity to rebut or offer countervailing evidence, and to examine and cross-examine witnesses. (4) During the entire hearing conducted under the provisions of this Ordinance, the official or any person whose activities are under investigation shall be entitled to be represented by counsel of his or her choosing. The governing body shall immediately disclose and forward to the official or his or her counsel any and all exculpatory evidence. 20 (5) The accused official or his or her representative shall have an adequate opportunity to examine all documents and records to be used at the hearing at a reasonable time before the date of the hearing as well as during the hearing, to bring witnesses, and to question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses. (6) The governing body shall have the power to compel the attendance of witnesses and to issue subpoenas for books, records, documents or papers therein to be designated under the authority granted to it by state law. (7) The governing body may request income tax returns of the official whose conduct or activities are under consideration by the governing body. The examination of the official’s income tax returns shall be in accordance with state law. (d) Governing body action. The governing body shall make a determination in regard to the recommendation of the committee. Dismissal of the findings of the Board as referred to the governing body, or reprimand by the governing body shall be by a majority vote. Removal from office shall be in accordance with all applicable state and local laws. Section 19. Ex Parte Communications After a complaint has been filed and during the pendency of a complaint before the Board, no member of the Board may communicate directly or indirectly with any party or other person about any issue of fact or law regarding the complaint, except that (a) the members of the Board may obtain legal advice from the City Attorney and may discuss the complaint with their staff; and (b) the members of the Board may discuss the complaint at a lawfully conducted meeting. If any person attempts to communicate with a Board member regarding the pending complaint, the Board member shall report the substance of the communication to the Board on the public record at the next meeting or hearing of the Board. Section 20. Confidentiality of Board Information No member of the Board nor any public servant who has access to any confidential information related to the functions or activities of the Board shall divulge that information to any person not authorized to have it. The identity of a person who requests a confidential advisory ethics opinion is confidential, as is information describing or pertaining to any organization mentioned if the disclosure of the information could lead to the disclosure of the identity of the person requesting the confidential advisory opinion. 21 Section 21. Waiver of Confidentiality A person who makes or purports to make public the substance of or any portion of an advisory opinion requested by or on behalf of that person is deemed to have waived the confidentiality of the request for an advisory opinion and of any records obtained or prepared by the Board in connection with the request. Section 22. Statute of Limitations No action may be taken on any complaint which is filed later than one (1) year after a violation of this Ordinance is alleged to have occurred, and a complaint alleging a violation must be filed within six (6) months from the date the complainant(s) knew or should have known of the action alleged to be a violation. Section 23. Penalties Any violations of this Ordinance shall be punishable to the maximum extent permitted by law. Any disciplinary action shall be carried out in accordance with the provisions of this Ordinance, as well as any other applicable laws, policies and procedures applicable to the position of the offender and the gravity of the offense. The Board is permitted to take any action which it is otherwise lawfully permitted to take, including, but not limited to, any one or combination of the following which the Board deems appropriate under the circumstances: public admonition by the Board; public reprimand by the Board; and recommendation to the City Council for suspension, demotion, forfeiture of office or removal from office, and/or termination from employment, as allowed by applicable law. Section 24. Penalties Cumulative The penalties prescribed in this Ordinance shall be cumulative and not exclusive of each other or of any other penalties which may be imposed pursuant to any other laws or policies. Section 25. Liberal Construction of Ordinance The provisions of this Ordinance are to be construed liberally, to the end that the public interest be fully protected, and shall be construed in a manner consistent with all applicable federal and state laws and applicable provisions of the City Charter. Section 26. Severability If any provision of this Ordinance is deemed invalid by any court or by any federal or state agency of competent jurisdiction, or is held by such court or agency to be modified in any way in order to conform to the requirements of any such provision, the conflicting provision of this Ordinance shall be considered a separate, distinct and independent part of this Ordinance, and such holding shall not affect the validity and 22 enforceability of this Ordinance, or any part other than the part declared to be invalid. Section 27. Effective Date This Ordinance shall be effective upon the approval and adoption by the governing body of the City. 23 APPENDIX OF DEFINITIONS For purposes of this Ordinance, the following terms, phrases, words and their derivatives shall have the meanings given herein. (1) Appointing authority means the Mayor, City Council, City Manager or any other person who appoints a person to a public position. (2) Associated, when used with reference to a business or an organization, includes any business or organization in which a public servant or a public servant’s partner in interest is a director, officer or trustee, or owns or controls, directly or indirectly, and severally or in the aggregate, at least 5% of the outstanding equity, or any business or organization in which a public servant or a partner in interest has a personal interest. (3) Benefit means (a) anything having a monetary value in excess of $100; or (b) anything, regardless of its monetary value, perceived or intended by either the one who offers it or the one to whom it is offered to be sufficient in value to influence a public servant in the performance or non-performance of an official action; or (c) anything, regardless of its monetary value, which, under the circumstances, a reasonably prudent person in the position of the public servant to whom the thing is or may be offered, would recognize as being likely to be intended to influence the public servant in the performance or non-performance of an official action; and (d) the term “benefit” includes, but is not limited to, a valuable act, advance, award, contract, compensation, contribution, deposit, emolument, employment, favor, fee, forbearance, fringe benefit, gift, gratuity, honorarium, loan, offer, payment, perquisite, privilege, promise, reward, remuneration, service, subscription, or the promise that any of these things will be conferred in the future. (4) Board means the Board of Ethics established by the City to operate under the provisions of this Ordinance, unless the context clearly indicates otherwise; used generically, “board” may mean any voting body (a) which is established to participate as a body in some manner in the conduct of the City government, including participation which is merely advisory, whether established by state law, city charter, ordinance, contract, executive action or any other lawful means; and (b) any part of whose membership is appointed by the Mayor, City Council or governing body acting on behalf of the City; but the term “board” does not include a board, commission or committee which is the governing body of a separate 24 political subdivision of the State, or whose membership, after appointment, is not subject to any regulation by the governing body; nor does it include any City administrative agency, bureau, department, division or office which is administered by individuals rather than by a body. (5) Business means an activity, association, commercial entity, corporation, enterprise, firm, franchise, holding company, joint stock company, organization, partnership, receivership, self-employed individual, sole proprietorship, trust or other legal entity established to earn or otherwise obtain money, whether for profit or non- profit, excluding a municipal corporation or governmental entity. (6) Business with which a public servant is associated means a business in which any of the following applies: (a) The public servant is an owner, partner, director, officer, employee or independent contractor in relation to the business; or (b) A public servant’s partner in interest is an owner, partner, director or officer; or (c) The public servant or a partner in interest is a stockholder of close corporation stock which is worth at least $1,000 dollars at fair market value or which represents more than a 5% percent equity interest; or (d) The public servant or a partner in interest is a stockholder of publicly traded stock which is worth at least $5,000 at fair market value or which represents more than 5% percent equity interest, other than publicly traded stock under a trading account if the public servant reports the name and address of the stockholder; or (e) Any business, regardless of ownership or value, by whom or for whose benefit a decision maker is influenced to act in the hope or expectation of obtaining a personal benefit for the public servant or for a partner in interest of the public servant. (7) Candidate means an individual who is a candidate for an elective office in the City, as defined in the City Charter, or an applicant for City employment or for an appointive City position. (8) Child means a son or daughter, whether or not the son or daughter is the biological offspring of the legal parent or parents and whether or not the son or daughter is financially dependent on the parent or parents. (9) Confidential information means information which has been obtained in the course of holding public office, employment, an independent contract or otherwise acting as a public servant, and which information is not available to members of the public under The Georgia Open Records Act or other law or regulation and which the 25 public servant is not authorized to disclose, including: (a) any written information that could lawfully be excepted from disclosure pursuant to state law, unless the public servant disclosing it is authorized to do so by state law, or pursuant to some other pertinent law, policy or procedure; and (b) any non-written information which, if it were written, could be excepted from disclosure under state law, unless the public servant disclosing it is authorized to do so by the state law, or pursuant to some other pertinent law, policy or procedure; and (c) information which was obtained in the course of or by means of a record or oral report of a lawful executive or closed session, whether or not the disclosure of the information would violate state law, unless the public servant disclosing it is authorized by state law to do so, or unless the public servant disclosing it has been properly authorized to disclose it pursuant to an applicable law, policy or procedure; however, when such information is also available through channels which are open to the public, this provision does not prohibit public servants from disclosing the availability of those channels. (10) Compensation means any benefit conferred upon or received by any person in return for services rendered or to be rendered. (11) Conflict of interest means not only a personal interest, as defined in this Ordinance, but also a professional or non-pecuniary interest, such as arises when the City Attorney is precluded from representing one public servant because of the City Attorney’s preexisting attorney-client relationship with another public servant. (12) Controlled or illegal substance means any drug or other substance, the use of which is regulated by federal or state law, except that within the meaning of this Ordinance the term does not include any drug or substance which has been lawfully prescribed by an authorized person for the use of a public servant, and which is used by the public servant in accordance with the prescription. (13) Decision maker means any public servant or group of public servants empowered to act in a discretionary manner on behalf of the City in any capacity whatsoever, including the making of recommendations. Decision maker includes, but is not limited to, any City agency, bureau, department, division, office, administrator or person who is charged with implementing and administering particular legislation or executive or administrative decisions, and, to the extent this Ordinance is applicable to them, any volunteer or independent contractor who is empowered to exercise any discretionary power which could influence a public servant in the performance or nonperformance of an official action. In this Ordinance, the term “decision maker” is used to represent any and every public servant who could take any discretionary action regarding a matter in which a public servant or a partner in interest has or may have a conflict of interest, or as a result of which a public servant might receive a personal 26 benefit. (14) Decision making means the exercise of any discretionary public power in any capacity whatsoever, including the making of recommendations, by any public servant whose action pertains to a matter in which a public servant or a public servant’s partner in interest has or may have a conflict of interest, or as a result of which a public servant might receive a personal benefit. (15) Disclose means, unless the context of this Ordinance indicates otherwise, to provide the City Clerk with written notice of a conflict of interest or a potential conflict of interest, and any other pertinent information, including the nature and extent of the public servant’s conflict of interest, the decision maker(s) who may act on the matter, and the name and address of any person alleged to have a conflict of interest or a potential conflict of interest. Unless this Ordinance or a law which supersedes it requires or permits another procedure, information shall be deemed disclosed if any public servant within a reasonable time before any official action is to be taken by the decision maker, provides the City Clerk with written notice disclosing the conflict or potential conflict. For purposes of this provision, “within a reasonable time” means within adequate time to allow the City Clerk, acting within the City’s normal schedule and procedures for transmitting written documents, to forward the disclosure to the decision maker(s) before whom the matter is pending or may be brought, and within adequate time to allow the decision maker(s) to review the disclosure before taking any official action. (16) Employee means a person, other than an elected public officer, employed and paid a salary to work for the City, whether under civil service or not, whether full- time, part-time, or on a contract basis, and including those officially selected but not yet serving; and, for purposes of establishing ethical obligations under this Ordinance and for no other purpose, the term “employee” includes volunteers, notwithstanding the fact that they are unpaid. (17) Gift means any benefit or thing or act of monetary value which is conveyed to or performed for the benefit of a public servant or a partner in interest, including any advance, award, contract, contribution, deposit, employment, favor, forbearance, gift, gratuity, honorarium, loan, payment, service, subscription, or the promise that any of these things or acts of value will be conferred in the future, if such thing or act of value is conferred or performed without the lawful exchange of consideration which is at least equal in value to the thing or act conferred or performed. (18) Governing body means the elected officials who comprise the legislative body of the City, as defined by the City Charter. (19) Immediate family means: (a) a public servant's spouse, children, grandchildren, parents, parents- in-law, grandparent, grandparents-in-law, sisters, sisters-in-law, brothers, brothers-in-law, sons-in-law, daughters-in-law, nieces, nephews, aunts, uncles (whether by marriage, 27 lineal descent or adoption ); and (b) a public servant's relative by marriage, lineal descent or adoption who receives, directly or indirectly, more than one-half of his or her support from the public servant or from whom the public servant receives, directly or indirectly, more than one-half of his or her support; and (c) an individual claimed by the public servant or the public servant’s spouse as a dependent under the United States Internal Revenue Code. (20) Interest means any personal benefit accruing to a public servant or the public servant’s partner in interest, whether in the public servant's own name or the name of any person or business from which the public servant is entitled to receive any personal benefit, as a result of a matter which is or which is expected to become the subject of an official action by or with the City. (21) Loan means a transfer of money, property or anything else of ascertainable monetary value in exchange for an obligation, conditional or not, to repay in whole or in part. (22) Matter means, unless the context of this Ordinance indicates otherwise, any act, action, agenda item, allegation, application, amendment, auction, bill, business, case, charge, claim, consideration, contract, controversy, decree, deed, deliberation, discussion, hearing, issue, lease, license, measure, offer, order, ordinance, permit, personnel action, petition, policy, presentation, procedure, privilege, proceeding, project, proposal, proposition, purchase, recommendation, regulation, rental, request, resolution, sale, subject, transaction, use, variance or other discretionary choice pending before a City decision maker when a public servant or a partner in interest has a personal interest in the outcome of the decision, or the decision may result in a personal benefit to a public servant or a partner in interest. (23) Ministerial action means a simple and definite action or function imposed by law where no exercise of discretion or judgment is required. (24) Negotiating concerning prospective employment means one or more discussions between a public servant and a potential employer other than the City concerning the possibility of the public servant or a partner in interest considering or accepting employment with the employer, in which discussion(s) the public servant responds in a positive way. (25) Office means any of the following: (a) An elective position within the government of the City; or (b) A City Attorney; or (c) An appointive City position in which a public servant serves for a 28 specified term, except a position limited to the exercise of ministerial functions or a position filled by an independent contractor; or (d) An appointive City position which is filled by the governing body or the executive or administrative head of the City, and in which the incumbent serves at the pleasure of the appointing authority, except a clerical position, a position limited to the exercise of ministerial functions or a position filled by an independent contractor. (26) Officer means any person elected or appointed to hold an office, as defined in the charter of the City. (27) Official action means any act, action, approval, decision, denial, directive, disapproval, inaction, order, performance, nonperformance, recommendation, vote, or other direct result of a public servant’s exercise of discretionary authority in connection with the public servant’s public position. (28) Official duty means any official action or ministerial action which a public servant is obligated or authorized to perform by virtue of being a public servant. (29) Official records means any minutes, papers, documents, completed forms, or other records maintained by a public agent for the purpose of fulfilling the disclosure requirements of this Ordinance. (30) Organization means, unless the context indicates otherwise, any non-profit business other than an individual or governmental agency. (31) Partner in interest means, when used in this Ordinance in connection with a public servant, as in the phrase “a public servant or a partner in interest” any and all of the following: (a) a member of the public servant's immediate family; or (b) a business with which the public servant or a member of the public servant’s immediate family is associated; or (c) any other person with whom the public servant or a member of his immediate family is in business, or is negotiating or has an agreement concerning future employment or the future conferring of any personal benefit, whether in the public servant's own name or the name of any business or person from whom the public servant is entitled, or expects to become entitled, to receive any personal benefit, as a result of a contract or trans-action which is, or which is expected to become, the subject of an official action by or with the City. The term partner in interest does not imply or require any form of legal partnership or formal agreement. (d) When used in the phrase “a public servant or a partner in interest,” the term “partner in interest” refers only to a partner in interest of the public servant to whom reference is being made, and not to any other person’s partner in interest. 29 (32) Reasonable means fair, proper, equitable and just under the circumstances. (33) Personal benefit means any benefit which is offered or received, or perceived to be offered or received, primarily for the purpose of influencing the manner in which a public servant performs or refrains from performing an official action, so that an attempt is made to induce the public servant, or the public servant is induced, to act in favor of some interest other than the public interest on the basis of an expectation or hope that the public servant or a partner in interest of the public servant will obtain some private gain by acting against the public interest; provided, however, that the term “personal benefit” within the meaning of this Ordinance does not include any of the following, which, although they may benefit individual public servants, are deemed to be primarily public benefits rather than personal benefits: (a) payment by the City of salaries, compensation or employee benefits; or payment by an employer or business other than the City of salaries, compensation, employee benefits or pursuant to a contract, when the payment is unrelated to a public servant’s status as a public servant and is not made for the purpose of influencing, directly or indirectly, the vote, official action or decision of a public servant; or (b) fees, expenses, or income, including those resulting from outside employment, which are permitted and reported in accordance with the policies of the City; or (c) authorized reimbursement of actual and necessary expenses; or (d) admission, regardless of value, to events to which public servants are invited in their official, representative capacity as public servants; or (e) campaign or political contributions which are made and reported in accordance with state law; or (f) reasonable hosting, including travel and expenses, entertainment, meals or refreshments furnished in connection with public events, appearances or ceremonies related to official City business, if furnished by the sponsor of such public event; or in connection with speaking engagements, teaching or rendering other public assistance to an organization or another governmental entity; this provision applies only if the City does not also pay the person for the same activity; or (g) awards publicly presented in recognition of public service, acts of heroism or for solving crimes; or (h) anything of value, regardless of the value, when the thing of value is offered to the City, is accepted on behalf of the City, and is to remain the property of the City; or 30 (i) commercially reasonable loans made in the ordinary course of the lender's business in accordance with prevailing rates and terms, and which do not discriminate against or in favor of an individual who is a public servant because of such individual’s status as a public servant; or (j) complimentary copies of trade publications; or (k) any unsolicited benefit conferred by any one person or business if the economic value totals less than $250.00 per calendar year, and if there is no express or implied understanding or agreement that a vote, official action or decision of a public servant will be influenced; or (l) reasonable compensation for a published work which did not involve the use of the City’s time, equipment, facilities, supplies, staff or other resources, if the payment is arranged or paid by the publisher of the work; or (m) reasonable compensation for a published work which did involve the use of the City’s time, equipment, facilities, supplies, staff or other resources, if the payment of the compensation to the public servant is lawfully authorized by a representative of the City who is empowered to authorize such compensation; or (n) anything of value, if the payment, gift, or other transfer of value is unrelated to and does not arise from the recipient's holding or having held a public position, and if the activity or occasion for which it is given does not involve the use of the City’s time, equipment, facilities, supplies, staff or other resources which is not available to the general public; or (o) anything of value received as a devise, bequest or inheritance; or (p) a gift received from a relative within the third degree of consanguinity, under the civil law computation method, to the public servant, or the spouse of such a relative; or (q) a gift received from a spouse of a public servant, or a spouse’s relative within the third degree of consanguinity to the spouse, under the civil law computation method. (34) Personal interest means a direct or indirect interest having value peculiar to a particular individual or group, whether the value is pecuniary or non-pecuniary, which value may accrue to such individual or group or result in such individual or group deriving or potentially deriving a personal benefit as a result of the approval or denial of any ordinance, resolution, order or other official action, or the performance or nonperformance thereof, by a public servant, and which interest is not shared by the general public.. 31 (35) Public servant means any member of the governing body or of any City agency, board, commission, committee, or other voting body, and any agent, department head, employee, official, supervisor, volunteer, or other person, whether elected or appointed, or legally authorized by contract or in any other manner to act in any capacity under the authority of the City. (36) Relative means a person who is related to an official or employee (whether by marriage, lineal descent or adoption) as spouse, parent, child, brother, sister, aunt, uncle, niece, nephew, grandparent, grandchild, parents-in-law, son-in-law, daughter-in-law, , brother-in-law or sister-in-law. (37) Volunteer means an individual who is permitted by the City, or by a person authorized to act on behalf of the City, to assist public servants in performing any kind of official duty or action without any expectation of receiving compensation. (38) Voting body means the governing body and any other City authority, board, commission, committee, council or group, regardless of whether its function is legislative, administrative, quasi-administrative or quasi-judicial or any combination thereof, which must act as a body on the basis of a vote of some or all of its members. City of Milton IL 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager W AGENDA ITEM: An Ordinance Establishing Noise Control within the City of Milton, Georgia MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: K) APPROVED () NOT APPROVED CITY A 7TORNEY AR42R4 AL REQUIRED: YES () NO Q'N I ar. i APPROVAL BY CITY ATTORNEY () APPROVED (} NOT APPROVED PLACED ON AGENDA FOR: REMARKS: City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Director of Public Safety Date: March 22, 2007 for submission onto the April 12, 2007 City Council Meeting 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, Georgia. Background: It is the policy of the City of Milton to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and general welfare. It is the express intent of the city council to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. This policy was confirmed on the City Council’s adopted work plan. The City Manager gave the responsibility of researching noise control to the Director of Public Safety, the Director of Community Development and the City Attorney. After listening to the discussions of the Mayor and City Council, the citizens and other community leaders in Milton as well as applying collectively what was determined to be best practices, this noise control ordinance is brought forward. Discussion: The ordinance itself has several sections, specifically as follows: • Section 1 – Declaration of Policy • Section 2 – Definitions • Section 3 – Unlawful Sounds • Section 4 – Maximum Permissible Sound Levels • Section 5 – Modification to Maximum Permissible Sound Levels • Section 6 – Exemptions • Section 7 – Sounds Exempt During Daytime Hours • Section 8 – Variances • Section 9 – Public Disturbance Noises • Section 10 – Penalties • Section 11 – Severability A noise control ordinance was brought forward on the January 11, 2007 Council Meeting initially as a first presentation, during unfinished business on the January 18, 2007 Council Meeting, the ordinance was deferred onto the February 8, 2007 Council Work Session. The Mayor and Council, along with members of the public commented and provided feedback during both the February 8, 2007 and March 8, 2007 Council Work Sessions. Because of substantial changes, City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 it is being brought forward as a first presentation again on the April 12, 2007 City Council Meeting. The first noise control ordinance presented was an “apparent” noise ordinance. Simply put, this ordinance left enforcement decisions up to the reasonable officer on whether or not the noise was apparently unreasonable. Different from an “apparent” noise control ordinance is a “measured” noise control ordinance. In this case, simply put, the noise is measured against a decibel scale and is then determined to be legal or not. There is less discretion and greater accountability in a “measured” noise control ordinance. The study committee recognizes that a “measured” noise ordinance is not effective in all cases. In those cases, we feel the most appropriate noise control ordinance is a hybrid of the two different styles. The foundation of the presented ordinance is noise being “measured” and allows for an “apparent” component if for some reason “measuring” noise is not reasonable. This would be determined on a case by case basis and would be the decision of a reasonable police officer or code enforcement officer. Full access to the judicial system would attach to any complaint or charge made against this noise ordinance; including, amongst other things, the same burden of proof. Decibel meters needed to enforce the ordinance must be either type I or type II certified special use meters as defined by American National Standards Institute’s specifications and can be acquired for approximately $200 per unit. The total purchase price for a sufficient number of meters to guarantee availability is less than $1000. Alternatives: None identified Concurrent Review: Aaron Bovos, City Manager Mark Scott, City Attorney Tom Wilson, Director of Community Development Page 1 of 5 COUNTY OF FULTON STATE OF GEORGIA ORDINANCE NO. ____ AN ORDINANCE ESTABLISHING NOISE CONTROL WITHIN THE CITY OF MILTON, GEORGIA. BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council meeting on the ____ day of April, 2007 as follows: Section 1. Declaration of policy. It is hereby declared to be the policy of the city of Milton to minimize the exposure of citizens to the physiological and psychological dangers of excessive noise and to protect, promote and preserve the public health, safety and general welfare. It is the express intent of the city council to control the level of noise in a manner which promotes commerce, the use, value and enjoyment of property, sleep and repose, and the quality of the environment. Section 2. Definitions. As used in this chapter, the following terms shall have the following meanings. All technical terminology used in this chapter and not defined specifically herein shall be interpreted in conformance with American National Standards Institute’s Specifications. A. “dB(A)” means the sound level measured in decibels, using the “A” weighting network on a sound level meter. B. “District” means the land use zone to which the provisions of this chapter are applied. For the purposes of this chapter: 1. “Residential district” includes all “R” classified, AG-1, A, AL, CUP, NUP, and TR zoning districts. 2. “Commercial districts” include C-1, C-2, M-1, MIX and O-I zoning districts. C. “Emergency work” means work required to restore property to a safe condition following a public calamity, work required to protect persons or property from an immediate exposure to danger, or work by private or public utilities for providing or restoring immediately necessary utility services. D. “Equipment” means any stationary or portable device or any part thereof capable of generating sound. Page 2 of 5 E. “Noise control administrator” means the person designated by the City Manager to enforce the provisions of this chapter. In addition to the noise control administrator, any police officer or code enforcement officer may enforce the provisions of this chapter. F. “Person” means any individual, firm, association, partnership, corporation or any other entity, public or private. G. “Property boundary” means the surveyed line at ground surface which separates the real property owned, rented or leased by one or more persons from that owned, rented or leased by another or others, and its vertical extension. H. “Receiving property” means the real property within which sound originating from outside the property is received. I. “Sound level meter” means a sound level measuring device either type I or type II certified special use meters as defined by American National Standards Institute’s Specifications. Section 3: Unlawful sounds. It is unlawful for any person to cause sound, or for any person in possession of property to permit sound originating from such property, to intrude into the real property of another person whenever such sound exceeds the maximum permissible sound level established in this chapter. Section 4: Maximum permissible sound levels. The maximum permissible sound level as measured at the property line or anywhere within the receiving property shall be as set forth in the following table: District of Received Sound Residential Commercial Residential 65dB(A) 70 District of Sound Source Commercial 65 70 Section 5: Modification to maximum permissible sound levels. The maximum permissible sound levels established by this chapter shall be reduced or increased by the sum of the following: Page 3 of 5 A. Between the hours of 10:00 p.m. and 7:00 a.m. the noise levels shall be reduced by 5 dB(A) for receiving property within residential districts, except for noise from electrical substations and existing stationary equipment used in conveyance of water by a utility. B. Between the hours of 7 :00 a.m. and 10:00 p.m., the applicable noise levels may be exceeded for any receiving property by no more than: 1. 5 dB(A) for a total of 15 minutes in any one hour period, or 2. 10 dB(A) for a total of five minutes in any one hour period, or 3. 15 dB(A) for a total of 1.5 minutes in any one hour period. Section 6: Exemptions. The following sounds are exempt from the provisions of Section 5 of this chapter at all times: A. Noises caused by motor vehicles used for highway maintenance or noises caused in the performance of emergency work for the immediate safety, health or welfare of the community or of individuals of the community, or to restore property in a safe condition following a public calamity. B. Sounds created by bells, chimes or carillons not operating for more than five minutes in any one hour. C. Sounds originating from aircraft in flight, and from watercraft. D. Sounds created by safety and protective devices, such as relief valves, where noise suppression would defeat the safety release purpose of the device. E. Sounds created by fire alarms and emergency equipment operated by law enforcement, fire fighters and aid personnel. F. Sounds created by the operation of equipment or facilities of surface carriers engaged in commerce by railroad. G. Sounds originating from officially sanctioned parades and other city-sponsored events to which the general public is solicited to attend without charge. H. Sounds caused by natural phenomena and unamplified human voices, except for public disturbance noises as defined in Section 9. I. Sounds produced as a result of construction activities. Section 7: Sounds exempt during daytime hours. A. The following sounds are exempt from the provisions of this chapter between the hours of 7:00 a.m. to 10:00 p.m.: Page 4 of 5 1. Sounds originating from residential property relating to homeowner-sponsored temporary projects for the maintenance and repair of existing homes and grounds, including but not limited to lawn mowers, saws, hammering and gardening. This exemption applies to the construction of such incidental appurtenances for existing homes as fences, decks, patios, carports, swimming pools, ponds, walkways and private kennels. 2. Sounds created by blasting. 3. Sounds created by the installation or repair of essential utility services or public road projects. B. Sounds originating from temporary construction sites as a result of construction activity are exempt from the provisions of this chapter, but only during the hours of 7:00 a.m. to 7:30 p.m. on weekdays and 9:00 a.m. to 6:00 p.m. on Saturdays. C. There shall be no construction generated sounds allowed on Sundays and federal holidays. D. Sounds emanating from a league, school or church-sponsored sporting or recreational event shall be exempt so long as they do not exceed 75 dB(A). Section 8: Variances. A. Variances may be granted to any person from any requirement of this Ordinance if findings are made that immediate compliance with such requirement cannot be achieved because of special circumstances rendering immediate compliance unreasonable in light of economic or physical factors, encroachment upon an existing noise source or because of nonavailability of feasible technology or control methods. B. Any such variance or renewal thereof shall be granted only for the minimum time period found to be necessary under the facts and circumstances. C. Variances shall be processed in the following manner: 1. The City Manager or his/her desginee may grant no more than two administrative variances during any six-month period for no more than two consecutive days in those cases where unplanned, unusual physical or economic circumstances arise. Notice of the administrative variance shall be given to the department of public safety and the applicant shall post the notice on the subject property. Variances shall be applied for and granted in advance. Any period of violation shall be deducted from the two-day maximum. 2. The City Manager or his/her designee may grant no more than one administrative variance of longer than two days but no longer than seven Page 5 of 5 days during any six-month period pursuant to this section. Notice shall be mailed to all property owners within 300 feet by the applicant stating the administrative variance allowed, any variance conditions and the duration of such administrative variance. Notice shall also be given to the department of public safety and the applicant shall post the notice on the subject property. 3. An application for variance shall be made on a form provided by the City and shall be accompanied by an application fee of $250.00 for residential properties and $350.00 for non-residential properties. Section 9: Public disturbance noises. It is unlawful for any person knowingly to cause or make, or for any person in possession of property knowingly to allow to originate from the property, unreasonable noise which disturbs another, and to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a police officer or code enforcement officer. Section 10: Penalties. Any person found guilty of violating any provision of this Ordinance shall be punished in a manner consistent with Chapter 1, General Provisions, Article 3, Violations, Section 1 of this Code of Ordinances. Section 11: Severability. If any word, phrase or other portion of this chapter is for any reason held invalid, the remaining portions of this chapter shall not be affected. ORDAINED this the ____day of April, 2007 _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) ' City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 27, 2007 FROM: City Manager lk AGENDA ITEM: Approval of an Ordinance Establishing the Citizens Advisory Committee to the City of Milton Comprehensive Plan Update MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: ()o APPROVED CITY ATTORNEY APP6 b 1 REQUIRED: { } YES I APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: 4" c (21 'ZOO -1 REMARKS: () NOT APPROVED () NO { } NO T APPRO VED City of Milton 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Community Development Director Date: March 27, 2007 for Submission onto the April, 2007 City Council Meeting Agenda Item: Ordinance Establishing the Citizens Advisory Committee to the City of Milton Comprehensive Plan Update CMO (City Manager’s Office) Recommendation: To approve the attached ordinance establishing the Citizens Advisory Committee to the City of Milton 2030 Comprehensive Plan Update. Background: The Milton City Charter (House Bill 1470 as passed by the House and Senate) states the City shall create by ordinance any such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi-legislative function the City Council deems necessary and shall, by ordinance, establish the composition, period of existence, duties and powers thereof. The City of Milton approved the Focus Fulton 2025 Comprehensive Plan on November 21, 2006 to attain a qualified local government status. In adopting this Plan, the elected officials and citizens of Milton understood that a comprehensive plan update would be needed to address the land use issues specific to Milton. At the City Council’s Retreat, the Comprehensive Plan Update was a top priority for Staff to begin the process. Discussion: One of the first steps in the planning process is the establishment of the Citizens Advisory Committee to the City of Milton 2030 Comprehensive Plan Update. This Committee will consist of the following 16 members: • Seven (7) members appointed by the Mayor and City Council. These members will reside within the Mayor and Council’s respective districts. • Seven (7) members of the City of Milton Planning Commission. • The Chairman of the City of Milton Board of Zoning Appeals • The Chairman of the City of Milton Design Review Board Each member will serve concurrently with their respective Councilperson. Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for four years Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the term will last for four years City of Milton 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 The Committee will meet bi-monthly or more often as needed and will exist for approximately 18 months to 2 years or until the Plan is completed and adopted. A Chairman will be elected from among its members. The Citizen’s Advisory Committee will be involved in all phases of the plan’s creation, from inception to completion. A more complete description of their involvement is included in the attached City of Milton Comprehensive Plan Update Process Scope of Services Proposal. Alternatives: There are no reasonable alternatives to this ordinance. Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager Page 1 of 2 COUNTY OF FULTON ORDINANCE# _____ STATE OF GEORGIA AN ORDINANCE TO ESTABLISH THE CITY OF MILTON ADVISORY COMMITTEE TO THE CITY OF MILTON COMPREHENSIVE PLAN UPDATE BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council meeting on the ____ day of April, 2007 as follows: SECTION 1. The Milton City Charter provides that the City Council may create by ordinance any such boards, commissions, and authorities to fulfill any investigative, quasi-judicial, or quasi- legislative function the City Council deems necessary and shall, by ordinance, establish the composition, period of existence, duties and powers thereof; SECTION 2. The Citizen’s Advisory Committee will be involved in all phases of the Plan’s creation, from inception to completion: SECTION 3. That each Councilperson and the Mayor shall nominate his or her designee for one (1) of seven (7) of the 16 positions on the Committee; SECTION 4. The Mayor’s designee shall reside anywhere within the City and each of the Councilperson’s designees shall reside within his or her respective council district; SECTION 5. The remainder of positions shall consist of the seven members of the City of Milton Planning Commission, the Chairman of the City of Milton Board of Zoning Appeals, the Chairman of the City of Milton Design Review Board; SECTION 6. The designees shall be confirmed by a majority vote of the City Council; SECTION 7. The members of the Committee shall be a minimum of 21 years of age and be a United States citizen or legal resident. Any member of the Board may be removed from office for cause by a vote of the City Council; SECTION 8. The members of the Committee shall serve concurrently with their respective Councilperson as follows: Districts 2, 4, and 6 – 1 (one) year term expiring 12/31/07; after that the term will last for four years Districts 1, 3, and 5 and the Mayor – 3 (three) year term expiring 12/31/09; after that the term will last for four years; SECTION 9. That this Ordinance shall become effective upon its adoption. ORDAINED this the ____day of April, 2007 _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 130DO Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 27, 2007 FROM: City Manager �T AGENDA ITEM: Approval of Petition No. RZ07-002 — Text Amendments to the City of Milton Zoning Ordinance: Article 33, Signs; Article 12G., State Route 9 Overlay District; Article 12H, Northwest Fulton Overlay Zoning District; Article 12H.(1), Crabapple Crossroads of the Northwest Fulton Overlay District MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: N APPROVED () NOTAPPROVED CITY ATTORNEYAPPR49-VAL REQUIRED:] YES () NO WtNI V.l CI TY A TTORNEY REVIEW REQUIRED: (} YES (j NO APPROVAL BY CITY ATTORNEY ()APPROVED {} NOTAPPROVED PLACED ON AGENDA FOR: r REMARKS: City of Milton 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council From: Tom Wilson, Community Development Director Date: March 28, 2007 for Submission onto the April 12, 2007 Planning Commission Meeting (First Reading) April 19, 2007 (Second Reading) Agenda Item: Petition No. RZ07-002 – Text Amendments to the City of Milton Zoning Ordinance: Article 33, Signs; Article 12G., State Route 9 Overlay District; Article 12H, Northwest Fulton Overlay Zoning District; Article 12H.(1), Crabapple Crossroads of the Northwest Fulton Overlay District. ARTICLE 33, Signs Attached are the proposed amendments to Article 33 of the City of Milton Zoning Ordinance. This sign ordinance was approved as part of the entire Zoning Ordinance on December 21, 2006 by the Mayor and City Council. This is an entirely new sign ordinance from the existing Fulton County sign ordinance. The purpose of adopting this version was to provide the City a “non-content” based sign ordinance, meaning that only place, time, and manner are regulated. This type of ordinance provides the personal free expression as entitled by law, but regulates the number, height, size, and spacing of signs for safety and aesthetics. During the December 21, 2006 City Council meeting, amendments were made to the ordinance that was presented to the Mayor and Council. Because of time restraints during that meeting, the completion of amendments were not completed. It was determined that a Council Work Session was needed to complete the amendments in the near future. Those revisions were not brought to the Planning Commission since it had not been seated. On February 21, 2007 the Mayor and City Council conducted a work session to complete the recommended amendments to the sign ordinance. The attached Article 33 reflects the proposed changes at that work session and are represented in blue with additions and deletions. The Planning Commission reviewed the proposed changes, provided their recommendations which are highlighted in yellow. Since the Council’s work session, Laurel Henderson of Henderson & Hundley, P.C. has reviewed the sign ordinance. Her recommendations are shown in red. ARTICLE 12G, State Route 9 Overlay District ARTICLE 12H, Northwest Fulton Overlay Zoning District Attached are proposed amendments to Articles 12G and 12H. These amendments were initiated by requests of the Mayor and City Council to allow the Northwest Fulton Overlay District Design Review Board to review and make recommendations to the Community Development Director for properties within the State Route 9 Overlay District. The State Route 9 Overlay District Map has been corrected to reflect the new City of Milton 13000 Deerfield Parkway, Suite 107C Milton, GA 30004 annexations along the southern part of Highway 9 and areas that the City of Alpharetta annexed into their municipality. By initiating this change it is necessary to amend parts of Article 12H, Northwest Fulton Overlay Zoning District to include the Highway 9 Overlay District. Staff has also edited the Article to change the “Northwest Fulton Overlay District Design Review Board” to the “Milton Design Review Board”. Secondly, it amends the area that is covered by the Northwest Fulton Overlay District to include those properties that have been annexed into the City after its incorporation. Lastly, it has included demolition permits to go before the Milton Design Review Board. ARTICLE 12 H(1) Crabapple Crossroads of the Northwest Fulton Overlay District This proposed amendment allows the Milton Design Review Board to review all plans for development except detached single family residential. Previously the design review board reviewed all plans for development. The above three articles were also reviewed by the City of Milton Planning Commission on March 22, 2007. Staff’s edits are shown in blue and the Planning Commission recommendations are highlighted with yellow. ORDAINED this the ____day of April, 2007 _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) ORDINANCE# _____ 1st Reading April 12, 2007 STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND THE CITY OF MILTON ZONING ORDINANCE ARTICLE. 33, SIGNS; ARTICLE. 12G, STATE ROUTE 9 OVERLAY DISTRICT; ARTICLED 12H(1), CRAPAPPLE CROSSROADS OF THE NORTHWEST FULTON OVERLAY DISTRICT; ARTICLE 12H, NORTHWEST FULTON OVERLAY DISTRICT BE IT ORDAINED by the City Council of the City of Milton, GA while in a regular called council meeting on April 19, 2007 at 7:00 p.m. as follows: SECTION 1. Whereas, the Mayor and City Council of the City of Milton are charged with promoting and protecting the health, safety and welfare of the citizens and property owners of the City of Milton; and SECTION 2. Whereas, the Mayor and City Council find that certain regulations and restrictions regarding signage are necessary to promote and protect the health, safety and welfare of the citizens and property owners of the City; and SECTION 3. Whereas, the Mayor and City Council of the City of Milton find that it is within their ability to restrict signage as to its time, place, and manner, without curtailing peoples’ Constitutional Rights; and SECTION 4. Whereas, the Mayor and City Council of the City of Milton finds to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the City’s citizens; SECTION 5. Whereas, the Mayor and City Council of the City of Milton find that the “Northwest Fulton Overlay District Design Review Board” shall now be known as the “City of Milton Design Review Board”; SECTION 6, Whereas, the Mayor and City Council of the City of Milton find that the State Route 9 Overlay District shall come under the review of the City of Milton Design Review Board; SECTION 7, Whereas, the Mayor and City Council of the City of Milton find that single family detached residences shall be removed from the review of the City of Milton Design Review Board; SECTION 4. This Ordinance is effective April 19, 2007; SECTION 5. That this Ordinance shall become effective upon its adoption. ORDAINED this the 19th day of May, 2007 __________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette Marchiafava, City Clerk (Seal) 1 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt ARTICLE XXXIII Signs Section 1: General Provisions. This Article shall hereafter be known and cited as the “City of Milton Sign Ordinance.” Section 2: Purpose and Findings. A. Purpose This Article was enacted with the following purposes: 1. To protect the rights of individuals and businesses to convey their messages through signs; 2. To encourage the effective use of signs as a means of communication; 3. To promote economic development; 4. To improve traffic and pedestrian safety as it may be affected by distracting signs; 5. To prevent the destruction of the natural beauty and environment of the City and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting, informal landscaping, and preserve the historic character of the City; 6. To encourage and ensure that development that is context sensitive in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position, and architectural qualities that further the distinct values of the City; 7. To protect the public health, safety, and general welfare; 8. To restrict the continued existence of abandoned or non-conforming signs unless in compliance with the terms of this Article and to eliminate, over time, all non- conforming signs; 9. To ensure the fair and consistent enforcement of sign standards; and 10. To make it easier, quicker, and more economically efficient to apply for a sign permit. Deleted: contemporary Deleted: : 2 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt B. Findings 1. The City finds that signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial environment. As such, signs are entitled to the protection of the law. In the absence of regulation, however, the number of such signs tends to proliferate, with property owners’ desiring ever increasing numbers and sizes of signs, leading to cluttered and aesthetically blighted thoroughfares. In addition, the competition among competing sign owners for visibility of their signs contributes to safety hazards for both vehicles and pedestrians and undermines the sign owners' original purpose of presenting a clear message of its idea or identification of its premises. 2. The City further finds that the regulation of the size, height, number and spacing of signs is necessary to protect the public safety, to assure compatibility of signs with surrounding land uses, to enhance the business and economy of the City, to protect the public investment in the streets and highways, to maintain the tranquil environment of residential areas, to promote industry and commerce, to eliminate visual clutter and blight, to provide an aesthetically appealing environment, and to provide for the orderly and reasonable display of advertising for the benefit of all the City's citizens. 3. The City further finds that there is a substantial difference between signs erected by public authority and signs erected by private citizens or businesses. Signs erected by public authority are virtually all erected for the purpose of maintaining the public safety either through direct control of traffic or through provision of such type signage as street signs which enable the traveling public to know where they are located and to find where they are going. As such, with the exception of signs identifying government buildings, virtually all government signs are erected purely for public safety purposes. Moreover, their use in the public right-of-way is necessary to ensure their visibility to the motoring public. The City commission finds that public utility signs are frequently of the same nature as those signs erected by governmental entities in that they provide necessary information to safeguard the public from downed power lines and from street excavations. Even where signs serve a propriety purpose, such as identifying markings on utility polls, those signs are marked primarily for the purpose of benefiting the public generally through identification of locations where there may be temporary losses of power. 4. The City further finds that some signage has a single targeted function and that identification of such signage by description is impossible without referring to its function. For instance, address numerals are used for the sole purpose of locating addresses, which is of benefit to persons looking for those addresses and is essential to public safety personnel responding to emergencies. 3 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt Subdivision signs at the entrances to subdivisions favor a similar purpose in enabling both the traveling public and emergency personnel to quickly locate subdivision entrances for the purpose of either visitation or responding to emergency calls. While such signage is referenced based upon the function it serves within the context of this ordinance, the bulk of the provisions of this chapter are unrelated to the content of the speech provided and allow maximum expressive potential to sign owners. 5. The City further finds that the City of Milton is unique when compared to surrounding areas in terms of the rural, pastoral and equestrian nature of its land uses. Examination of such factors as the lack of sewerage of the majority of its land area, the resulting minimum lot size, the lack of commercial development outside overlay districts and purposefully developed commercial corridors and the large number of agricultural and related uses such as horse farms set Milton apart from the more commercialized and developed municipalities which surround it. The preservation of this atmosphere and lifestyle was a major factor in the drive to incorporate Milton as its own, unique City. Accordingly, the City of Milton determines that it has a substantial government interest in striking a proper balance between the right of freedom of expression in terms of the time, place and manner of signage with the need to preserve the pristine character of the City. Section 3: Definitions. Words and phrases used in this Article shall have the meanings set forth in this section. Words and phrases not defined in this section, but defined in the zoning ordinance of the City of Milton, shall be given the meanings set forth in such ordinance. All other words and phrases shall be given their common, ordinary meaning, unless the context clearly requires otherwise. Section headings or captions are for reference purposes only and shall not be used in the interpretation of this Article. Abandoned sign. Any sign that contains or exhibits broken panels, visible rust, visible rot, damaged support structures, or missing letters or which is otherwise dilapidated, unsightly, or unkempt, and for which no person accepts maintenance responsibility. Animated sign. Any sign, or part of a sign, that uses any movement or change of lighting or color to depict action or create a special effect or scene. Audible sign. Any sign which emits a sound which is audible or emits a signal which can be converted into audible sounds, whether by radio or other means. Awning/canopy sign. Any sign that is a part of, or attached to, an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window, or outdoor service area. A marquee is not a canopy. 4 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt Banner. A sign other than a flag with or without characters, letters, illustrations or ornamentation applied to cloth, paper, vinyl or fabric that is intended to be hung either with a frame or without a frame. Neither flags nor canopy signs are considered banners. Beacon. Any light with one or more beams directed into the atmosphere or directed at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move. Billboard. A freestanding sign with an area of more than one-hundred twenty-eight (128) square feet. Changeable copy sign. Any sign that incorporates changing lights, lettering, or images to form a sign message or messages, whether such changes are accomplished electronically or manually. City Council. The City Council of the City of Milton. City. The City of Milton. Fall zone. An area equal to one hundred thirty-three percent (133%) of the height of the structure in every direction. Flag. Any fabric or bunting containing colors, patterns, or symbols used as a symbol of a government or other legal entity or legally organized organization. Flashing sign. A sign, the illumination of which is not kept constant in intensity at all times when in use and which exhibits marked changes in lighting effects. Freestanding sign. Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure. A permanently affixed sign which is wholly independent of a building for support. Graffiti. Unauthorized writing or drawing on the façade of any building sign, path, accessory structure, wall, fence, or other site element. Illuminated sign, External. A sign illuminated by an external light source. Such source cannot be a device that changes color, flashes or alternates. Illuminated sign, Internal. A sign illuminated by an internal light source. Such source cannot be a device that changes color, flashes, or alternates. Kiosk. A small structure with one or more sides that is used to vend merchandise or services. Formatted: Highlight Deleted: seventy-two (72) 5 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold Lot. A parcel of land that is of sufficient size to meet minimum zoning requirements for lot area, coverage, and use and that can provide such yards and other open spaces as required by the zoning standards. The Director of the Department of Community Development, or his or her designee for a particular purpose. Marquee, marquee sign. Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather. Monument. A freestanding sign with a base width of not less than the width of the sign face. Moving sign. A sign which revolves, rotates, swings, undulates, or otherwise attracts attention through the structural movement of parts. Multi-tenant. One or more buildings, located on a single premise or development, containing two (2) or more separate and distinct individual establishments, which occupy separate portions of the building or buildings and which are physically separated from each other by walls. Obscene. Material is obscene if to the average person, applying contemporary community standards, taken as a whole, it predominantly appeals to the prurient interest, that is, a shameful or morbid interest in nudity, sex or excretion; the material taken as a whole lacks serious literary, artistic, political or scientific value; and the material depicts or describes, in a patently offensive way, sexual conduct specifically defined as: (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. Pennant, streamer. Any lightweight plastic, fabric, or other material, whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in a series, designed to move in the wind. Permanent sign. Any sign which, when installed, is intended for permanent use. A permanent freestanding sign shall be of a type and construction as not to be easily or readily removed from the lot on which it has been erected. Permit. A sign permit reviewed, approved, and issued by the City Department of Community Development. Permittee. The person and/or entity owning or leasing the land on which the sign is erected or for which an application has been submitted. Deleted: Manager Deleted: Manager Deleted: equal width of 6 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt Person. A natural or legal person, including a firm, organization, partnership, trust, and corporation. Portable sign. A sign which is not permanently affixed to the ground or to a structure, including but not limited to signs on trailers or signs mounted or painted on vehicles which are parked in such a manner as to serve the purpose of a sign. Principal building. The building in which the principal use of the lot is conducted. Non-residential lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other structures with clearly accessory uses shall not be considered principal buildings. Projecting sign. Any sign which is suspended or projected from the wall, eave, or soffit of the building. Public sign. Any sign erected by a governmental entity. Roof sign. Any sign erected and constructed wholly on and over the roof of a building, or supported by the roof structure. Sign face. That part of a sign that is or can be used for advertising purposes. Sign. Any device, fixture, placard, or structure affixed to, supported by, or suspended by a stationary object, building or the ground that uses any color, form, graphic, illumination, symbol, or writing to communicate information of any kind to the public. Sign Kiosk. A kiosk that contains signs. Standard Informational sign. A sign with an area of not greater than four (4) square feet, with a sign face made for short term use, containing no reflecting elements, flags, or projections and which, when erect, stands at a height not greater than three (3) feet and is mounted on a stake or metal frame with a thickness or diameter not greater than one and one-half (1 ½) inches. Temporary sign. Any sign of nonpermanent nature. All such signs shall be removed within three (3) calendar days after the purpose of which the sign is intended to advertise has been accomplished. Water Tower. A tower or standpipe serving as a reservoir to deliver water at a required head, whether in use, no longer in use or an architectural feature. Wall sign. Any sign attached parallel to a wall, painted on the wall surface or erected and confined within the limits of an outside wall of any building or structure, which is supported by such wall or building and which displays only one sign surface. Wall signs shall be flush with the wall, building, or structure to Deleted: Any sign that is not permanently mounted. Deleted: ten (10) 7 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold which it is mounted or affixed, except as otherwise set forth herein. Window sign. Any sign that is affixed to the exterior of the window or window panes or within 24 inches of the interior of the window or window panes and is visible from the exterior of the structure. Section 4: Powers and Duties of Personnel. The Director is hereby authorized and directed to administer and enforce this article, unless otherwise specifically provided by Ordinance of the City of Milton City Council. Section 5: Applicability. The standards of this Article shall apply to all signs erected within the corporate limits of the City. This includes those areas that have been or will be annexed into the corporate limits of the City. Section 6: Permit Required. Except where specifically not required by the standards of this Article, it shall be unlawful for any person to post, display, materially change, or erect a sign in the City without first having obtained a sign permit. Notwithstanding the foregoing, signs which are not visible from a public right-of-way or from neighboring properties shall not be subject to the standards of this Article. Section 7: Fees Required. No permit shall be issued until the appropriate application has been filed with the Director and fees, as set from time to time by Ordinance of the City Council, have been paid. Section 8: Application. A. Application Content 1. Applications for sign permits required by this Article shall be filed in duplicate by the person owning the subject property, or the owner’s agent, in the office of the Director upon forms furnished by that office. The application shall describe and set forth the following: 2. The type and purpose of the sign as defined in this Article. 3. The value of the sign. 4. A survey to scale showing the street address of the property upon which Formatted: Highlight Deleted: placed inside a window or upon the window panes ¶ or glass, either inside or outside the building, and is visible from the exterior of ¶ the structure. Deleted: Manager Deleted: resolution Deleted: Manager Deleted: Resolution Deleted: Manager 8 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt the subject sign is to be located, the proposed location of subject sign on subject property, the distance of the proposed sign from the subject property’s boundaries, and all existing structures or buildings on the subject property. 5. The square foot area per sign and the aggregate square foot area if there is more than one (1) sign face. 6. The name(s) and address(es) of the owner(s) of the real property upon which the subject sign is to be located. 7. Written consent of the owner of the property, or his/her agent, granting permission for the placement, maintenance, size, and height of the subject sign to be placed on the property. 8. For wall signs: Two sets of building elevations. 9. The name, address, telephone number, and business license number of the sign contractor. All applicants for signs which incorporate electricity must obtain an electrical permit. 10. Sign details, including a proposed color scheme of sign, and scaled elevation of the size and height of the proposed sign from ground level and adjacent street level. 11. The zoning district in which the subject property is located, and a statement of compliance with all requirements of the zoning district. B. Other Zoning Requirements So long as an application conforms to the standards and procedures of this Article, the applicant is exempted from any additional standards, other than standards relating to color, and procedures relating to signs in the City’s Zoning Ordinance. Section 9: Application Rejection. A. Incomplete; False The Director shall reject any application that is incomplete, that contains false material statements or omissions, or that is for a sign which would violate any standard within this Article within thirty (30) business days of receipt of said application. The Director may reject at anytime prior to the expiration of the thirty (30) day period, if the application is incomplete or contains false material statements or omissions, by returning the application to the applicant. B. Processing Time; Denial Deleted: Manager Deleted: Manager 9 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold The City shall process all complete and accurate sign permit applications within thirty (30) business days of the City’s actual receipt of a complete and accurate application and upon remittance of the appropriate sign permit fee. The Director shall give notice to the applicant of his/her decision by hand delivery or by mailing such notice by certified mail, return receipt requested, to the address on the permit application on or before the thirtieth (30th) business day. If the decision of the Director is to deny the application, the decision shall state the grounds upon which the denial is based. Failure of the City to act within the thirty (30) day period shall be deemed a denial of the permit. If notice is mailed in conformity with this Section, notice shall be deemed to have been given upon the date of mailing. Any application meeting the standards of this Article will be granted. Any application not meeting the standards of this Article will be denied. C. Appealable A rejection pursuant to this Section shall be appealable pursuant to the procedures for Zoning Appeals outlined in the Milton Zoning Ordinance. However, notwithstanding the foregoing, a final decision will be rendered within sixty (60) days from date an appeal is filed. If a final decision is not rendered within the sixty (60) day period, the decision sought to be appealed shall be affirmed. D. Resubmission A rejected application later resubmitted in conformity with this Article shall be deemed to have been submitted on the date of resubmission, instead of the original submission date. An application which is resubmitted shall meet all the standards for an original application. Section 10: Permit Revocation. Should it be determined that a sign permit was issued pursuant to an application containing a false material statement or omission, the Director shall revoke said permit and the subject sign shall be immediately removed. A revocation pursuant to this Section shall be appealable pursuant to the procedures for Zoning Appeals outlined in the City’s Zoning Ordinance. However, notwithstanding the foregoing, a final decision will be rendered within sixty (60) days from date an appeal is filed. If a final decision is not rendered within the sixty (60) day period, the decision sought to be appealed shall be affirmed. The permit for any sign not meeting the standards of this Article will be revoked. Section 11: Variance. A. Limitations The Board of Zoning Appeals shall be allowed to grant variances to this Article as Deleted: Manager Deleted: Manager Deleted: Manager 10 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold to set back, building material, or sign style; variances to sign height and sign size shall not exceed 2 (two) times the allowable height or size of the sign. B. Timing The Board of Zoning Appeals shall hear and decide upon a variance within eighty (80) days of the submission of a complete and accurate application. C. Procedure Except as modified by this Article, the procedures for requesting a variance from the standards of this Article shall be the same procedures as that for seeking a variance from the City’s ordinances regulating zoning. D. Standards The standards which shall be considered for granting a variance from the standards of this Article shall be only the following: 1. The topography of the subject property on which the sign is located or to be located renders it impossible to comply with the strict standards of this Article. 2. The natural features of the subject property on which the sign is located or to be located, or of the land immediately adjacent to the subject property, impairs the visibility of the sign such that it cannot be seen. Section 12: Suspension, Revocation. A. Violation Violation of any provision of this Article shall be grounds for terminating the permit granted by the City to the Permittee or the person or entity erecting the sign. No permit shall be suspended, revoked or canceled except for due cause, as hereinafter defined, and until after the Permittee is granted a public hearing before the City council. B. Hearing The Permittee shall be given ten (10) days written notice of the time, place, and purpose of the hearing, with a statement of the reason for the suspension, revocation, or canceling of such permit and/or license. “Due cause” is the violation of the standards of this Article. The termination of the permit does not in any way preclude the person or persons alleged to have violated the standards of this Article from being tried under Section 19(E) of this Article or preclude the City from taking any other action authorized by this Code and/or any action authorized by law. Deleted: 1 ½ Deleted: sixty Deleted: (60) 11 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold Section 13: Expiration Date. A sign permit shall become null and void if the sign for which the permit was issued has not been installed and completed within six (6) months after the date of issuance; provided, however, that where an applicant can demonstrate that a commercial entity was timely engaged to construct the permitted sign, but the fabrication has not yet been completed, one (1) ninety (90) day extension may be granted by the Director. No refunds shall be made for a permit after the permit is issued. If later an individual desires to erect a sign at the same location, a new application for the sign must be processed and another fee paid in accordance with the fee schedule applicable at such time. Section 14: Business License Tax Certificate, Public Liability Insurance Required. It shall be unlawful for any person to engage in the business of erecting or maintaining signs within the City, unless and until such entity shall have obtained a City occupation tax certificate and a certificate of insurance from an insurance company authorized to do business in the state evidencing that the entity has in effect public liability and property damage insurance in the sum of twenty-five thousand dollars ($25,000.00) for property damage for any one (1) claim, and public liability insurance in an amount not less than one hundred thousand dollars ($100,000.00) for injuries, including accidental death to one (1) person. The certificate of insurance shall state that the insurance carrier shall notify the City thirty (30) days in advance of any termination and/or restriction of the coverage, including nonrenewal, cancellation, and nonpayment of any premium. Section 15: Identification Labels; Inspection; Notice. A. Identification Labels With each sign permit, the Director shall issue a sticker bearing the same number as the permit with which it is issued. It shall be the duty of the Permittee or his agent to affix such sticker to the sign in the lower right hand area so it is easily seen. The absence of a proper sticker shall be prima facie evidence that the sign has been, or is being, erected or operated in violation of the standards of this Article. B. Inspection The Director shall inspect all existing signs in the City to determine if such signs conform to the standards of this Article. Identification stickers shall be provided for all signs in order to identify existing conforming and nonconforming signs. Section 16: Signs Which Require No Permit. The following shall not count toward the total amount of signage allowed and no permit is required so long as all standards in this Article are met, including those set forth below: Deleted: Manager Deleted: Manager Deleted: Manager 12 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold 1. Numerals displayed for the purpose of identifying property location not to exceed eight (8) inches in height; 2. Flags; 3. Window signs where allowed; 4. Door signs not to exceed one (1) square foot in size and not more than one (1) sign per door; and 5. Temporary Standard informational signs in all districts. Section 17: Prohibited Signs and Devices. The following types of signs are prohibited in the City: A. Signs Any sign not specifically identified in this Article as a permitted sign. B. Balloons and Streamers Fringe, twirling, A-Frame, sandwich-type, sidewalk or curb-type signs, portable display signs, balloons, streamers or air or gas filled figures and other similar temporary signs, except where permitted in Section 25. C. Beacons; Search Lights; Laser Promotional beacons, search lights or laser lights or images. D. Audible Signs Audible signs. E. Signs in Right of Way Signs in a public right of way, other than those belonging to a government, public service agency, or railroad. F. Signs on Tree, Utility Pole or Water Towers Signs mounted on a utility pole, water tower or other similar structure, architectural features, traffic signal or traffic control box and cell towers. G. Roof Signs Roof signs and signs which extend vertically above any portion of a roof or parapet of the applicable wall. H. Portable Signs Deleted: B Deleted: or located Deleted: tree 13 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold Portable signs, including signs attached to any parked vehicle or trailer, so as to be visible from a public right-of way, except that signs posted in the rear window of a vehicle, totaling 3 square feet shall be permitted. I. Obscene Signs Signs which depict obscene material. J. Illegal Activity Signs Signs which advertise an activity which is illegal under federal, state or local laws. K. Signs Not Maintained Signs not in good repair, in violation of codes, or containing or exhibiting broken panels, visible rust, visible rot, damaged support structures, or missing letters. L. Abandoned Signs Abandoned signs. M. Animated; Flashing Signs Animated signs, flashing signs, rotating signs, and changeable copy signs. N. Imitation Traffic Signs Signs which contain or are an imitation of an official traffic sign or signal or contain the words “stop,” “go,” “slow,” “caution,” “warning,” or similar words in such a manner as to resemble official traffic control signs. O. Graffiti Graffiti. P. Sign Kiosks Sign Kiosks. Q. Signs Attached/Painted to Natural Objects Signs attached to trees; signs painted on or otherwise attached to rocks or any natural objects. Section 18: Violations; Penalties. Formatted: Highlight Deleted: only advertising that specific vehicle for sale shall be permitted, provide that the sign does not exceed a t Deleted: of 14 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold A. Noncompliance No person shall erect on any premises owned or controlled by that person any sign which does not comply with the standards of this Article. B. Dangerous or Defective No person shall maintain or permit to be maintained on any premises owned or controlled by that person any sign which is in a dangerous or defective condition. Any such sign shall be removed or repaired by the Permittee of the sign, the owner of the premises, or as otherwise provided for in this Article. C. Separate Violation Each sign installed, created, erected or maintained in violation of this Article shall be considered a separate violation when applying the penalty portions herein. D. Public Nuisance Any violation of this Article is hereby declared to be a public nuisance. E. Notice The Director shall give the Permittee from 1 (one) to 14 (fourteen) calendar days written notice, based on the urgency of the particular situation and the practical considerations of completing measures to comport with the standards of this Article, to correct the deficiencies or to remove the sign(s) which is in violation of this Article. If the Permittee refuses to correct the deficiencies or remove the sign, the Director will have the sign removed at the expense of the Permittee. F. Citations If any sign or other device covered by this Article is, or is proposed to be, erected, constructed, altered, converted or used in violation of any provision of this Article, the Director shall issue a citation. Additionally, the City may seek an injunction for a continuing violation or take other appropriate action to prevent such unlawful erection, construction, alteration, conversion or use to correct or abate such violation. Any violation of this Article shall be an offense, and the violator shall be subject to a fine of up to one thousand dollars ($1,000.00) per day, imprisonment for up to sixty (60) days, or by both such fine and imprisonment. Section 19: Nonconforming Signs. A. Maintained Formatted: Highlight Deleted: Manager Deleted: ten (10) Deleted: one (1) Deleted: thirty (30) Deleted: Manager Deleted: Manager 15 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt A nonconforming sign shall not be replaced by another nonconforming sign, except that the substitution or interchange of poster panels, painted boards, or dismountable material on nonconforming signs shall be permitted. All nonconforming signs shall be maintained in good repair. B. Repairs; Material Change Minor repairs and maintenance of nonconforming signs shall be permitted; however, no structural repairs or changes in the size or shape of a nonconforming sign shall be permitted except to make the sign comply with the standards of this Article. To the extent that any sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of sign then such sign may be repaired without regard to the restrictions of this paragraph. C. Grandfathering Legal Nonconforming signs may stay in place until one of the following conditions occurs: 1. The advertised business ceases at that location; 2. The deterioration of the sign or damage to the sign makes it a hazard or renders it dilapidated, unsightly, or unkempt; or 3. The sign has been damaged to such extent that more than minor repairs or a material change is required to restore the sign. No structural repairs or change in shape or size shall be permitted except to make the sign comply with all standards of this Article. To the extent that any sign allowable hereunder is damaged or destroyed by act of God or by other circumstances beyond control of owner of sign then such sign may be repaired without regard to the restrictions of this paragraph. Section 20: Removal of Unlawful or Dangerous Signs. A. Removal. The City may order the removal of any sign in violation of this Article by written notice to the permit holder; or if there is no permit holder, then to the owner of the sign; or if the sign owner cannot be found or cannot be determined, then to the sign erector and any party that procured the erection of the sign. If a permit has been issued, such notice shall operate to revoke the permit. B. Procedure Following Removal Order. If the sign is not removed within the time allowable pursuant to a removal order the City may remove or cause to be removed the sign and collect the costs therefor. 16 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt Section 21: Sign Location. A. Obstructions to Doors, Windows or Fire Escapes. No sign shall be erected, relocated, or maintained so as to prevent free ingress or egress from any door, window, or fire escape. B. Signs Not to Constitute Traffic Hazard. No sign or any part thereof, except authorized traffic signs, shall be located in any government right-of-way. No sign may be located any closer than twenty (20) feet to an intersection as measured from the intersection of the two (2) rights-of-way. C. Setback. Unless a more restrictive setback is specified in conditions of zoning or otherwise in this Article, all signs shall set back the greater of 10 feet from the right-of-way or 20 feet from the edge of pavement if a private street and no sign shall project over the right-of-way. Section 22: Measurement of Sign Area. A. Size Generally The area of a sign shall be computed as the area within the smallest continuous polygon comprised of not more than eight (8) straight lines enclosing the limits of a sign face, together with any sign face cabinet or frame or material, texture, or color forming an integral part of the sign face used to differentiate the sign face from the structure upon which it is placed. If polygons established around wall signs located on the same street oriented wall are within twenty-four (24) inches or less of one another, then the area of the sign shall be measured within one continuous polygon. B. Structure The computation of the area of a sign face shall not include the structure, supports, or uprights on which the sign face is placed or any portions of a sign structure that are not intended to contain any message or idea and are purely structural or decorative in nature, other than those parts contained within the polygon that delineates the sign face. C. Changeable Copy Signs For any signs on which the words, letters, figures, symbols, logos, fixtures, colors, or other design elements routinely change or are intended to be changed from time to time, the sign face area shall include the entire area within which any words, Deleted: at least Deleted: delimits 17 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt letters, figures, symbols, logos, fixtures, colors, or other design elements may be placed, together with any frame or material, texture or coloring forming an integral part of the sign face or used to differentiate the sign face from the structure upon which it is placed. Such changeable copy signs cannot flash, and if located within one hundred fifty (150) feet of a road right of way, may not change more than once per twenty-four (24) hours. D. Multi-Faced Signs For multi-faced signs, when the sign face surfaces are back to back, or where the interior angle formed by the faces is forty-five (45) degrees or less, the area of the sign shall be taken as the areas on the largest side. For all other multi-faced signs, the area of the sign shall be the total area on all sides that can be viewed at one time from any angle. E. Three dimensional signs shall not exceed (two) 2 inches from surface. Section 23: Measurement of Sign Height. The height of a sign shall be computed as the distance from the base of the sign structure at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: (1) existing grade prior to construction or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating the sign. Section 24: Construction Standards. A. Building Codes All permanent signs permitted under this code shall be constructed and maintained in accordance with the applicable City building codes. For any sign that is greater than 4 feet in height (as measured from grade), the permitee mush submit, with its application, detailed structural design drawings of the sign and its foundations. Such drawings must include the foundation, supporting structure and sign face and must be certified by a licensed professional structural engineer. The certifying engineer must also be able to provide an insurance certificate indicating it carries a minimum of 1 million dollars of professional liability insurance and naming the City of Milton as the named insured. The city may remove, after reasonable notice, any sign which shows structural faults, neglect, or becomes dilapidated. B. Faces The face of sign shall be flat, with protrusions of no more than two (2) inches to allow for the texture of the sign and words, letters, figures, symbols, logos, fixtures, colors, or other design elements. No sign or other advertising structure Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Font color: Yellow Formatted: Highlight Formatted: Highlight Deleted: All signs permitted under this code shall be constructed and maintained in ¶ accordance with the applicable City building codes. The City may remove after ¶ due notice any sign which shows neglect or becomes dilapidated. 18 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt shall be constructed so as to have nails, tacks, or wires protruding therefrom. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood. C. Illumination Signs may be externally illuminated where permitted pursuant to this Article. Colored lighting is prohibited. Where external illumination is permitted for freestanding signs, the source of illumination shall be screened from the view of the general public with shrubs. D. Construction of Bases Except in the overlay districts, freestanding signs shall have a base not less than one-third (1/3) the width of the sign face. E. Landscaping Landscaping and grass shall be maintained in front of, behind, underneath, and around the base of freestanding signs. Section 25: Restrictions Based on Location. If not otherwise stated, any sign not specifically allowed in a zoning district as provided under this Section shall be prohibited in that district, except as otherwise provided for under this Article. The following standards govern signs within specific zoning districts. A. Permitted in all Zoning Districts 1. Signs during Construction. One (1) sign shall be allowed during construction. A permit shall be required. The sign may be externally illuminated, shall not exceed twelve (12) square feet in area and five (5) feet in height, and shall be allowed beginning with the commencement of construction and ending with the issuance of the last Certificate of Occupancy or two years, whichever one shall first occur. Thereafter, the permitee may reapply for a renewal permit subject to same termination conditions as set forth in this paragraph.. 2. Temporary Standard Informational Sign. Each lot and or development may display one (1) standard informational sign not exceeding (four) 4 square feet without a permit except that during a political election or referendum, between the date of qualification of the candidate or the referendum question and final determination on each ballot issue or candidate, each lot may display an unlimited number of standard informational signs. Formatted: Highlight Formatted: Highlight Deleted: a Deleted: Deleted: or installation of a permanent sign, whichever occurs first Deleted: ¶ ¶ Deleted: 2.Flag. Each lot may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty (20) square feet. Deleted: 3. 19 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt 3. Banners shall be allowed for a period not exceeding ten (10) consecutive days with no more than four (4) such ten (10) consecutive day periods being permitted per calendar year per lot. Banners shall not be more than twenty-four (24) square feet. A permit shall be required. No banner shall be mounted so as to extend above the horizontal plane of the roof where the building wall and roof meet or shall not extend more than five (5) feet above grade when on the ground. Notwithstanding the foregoing, Banners that do not exceed four (4) square feet and are mounted so that the top of such Banner is not more than four feet above grade at all times, may be displayed continuously. 4. B. Agricultural District 1. Freestanding Signs. a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage . b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single-faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, and the light shall be screened from view with evergreen plantings as approved by the Community Development Director. Signs shall not have changeable copy c. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within each development may display not more than one (1) flag and/or flagpole.. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty (20) square feet. d. Each residence may display up to 12 (twelve) square feet of signage with no single sign greater than 4 (four) square feet. 2. Window Signs. Not more than three (3) window signs per non-residential development shall be allowed and shall not be larger than four (4) square feet or cover more than twenty-five percent (25%) of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated. C. Single Family Residential, CUP and NUP Districts 1. Freestanding Signs Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Not Highlight Formatted: Highlight Formatted: Highlight Deleted: 4. Deleted: “Open/Close” signs not to exceed (2) two square feet. Element and neon tubing permitted. Deleted: . Deleted: ¶ Comment [r1]: Laurel Henderson Deleted: lot Deleted: ¶ Deleted: Deleted: Deleted: ¶ 20 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold a. One (1) maximum thirty-two (32) square foot, freestanding sign per business or institutional lot shall be permitted for each street on which the lot has frontage. b. One (1) maximum thirty-two (32) square foot, freestanding sign or two (2) single-faced freestanding signs not to exceed sixteen (16) square feet each for each side of a platted single family subdivision entrance. Freestanding signs shall have a maximum height of six (6) feet from finished grade, and may be externally illuminated, the light shall be screened from view with evergreen plantings as approved by the Community Development Director and shall not have changeable copy. c. Flag. Each lot may display no more than one (1) flag and /or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty (20) square feet. d. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Window Signs. Not more than three (3) window signs per non-residential development shall be allowed and shall not be larger than four (4) square feet or cover more than five percent (5%) of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated. D. Apartment and Townhouse Residential Districts 1. Freestanding Signs a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. Formatted: Highlight Formatted: Highlight Comment [r2]: Laurel Henderson Deleted: ¶ Deleted: Deleted: lot Deleted: Deleted: Deleted: twenty-five Deleted: (25%) Deleted: shrubs. 21 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flags. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20 ) feet in height. Flag size shall not be more than twenty (20) square feet. i. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs a. Businesses may have no more than two wall signs. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy. f. If illuminated, signs may be externally lighted and directed downward . g. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 3. Window Signs. Not more than three (3) window signs per development shall be allowed and shall not be larger than four (4) square feet or cover more than five percent ( 5%) of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated. E. O-I District 1. Billboards. Within Office-Institutional (O-I) districts, freestanding signs shall not exceed one hundred twenty-eight (128) square feet and shall be located according to the following standards: Deleted: ahs Comment [r3]: Laurel Henderson Deleted: unit Deleted: Deleted: twenty-five Deleted: 25% Deleted: ) 22 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twenty (20) feet in height; and g. In compliance with applicable height standards for the district in which located. 2. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with . evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty (20) square feet. Formatted: Highlight Formatted: Highlight Deleted: 1. Deleted: shrubs 23 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold 2. Wall Signs a. Businesses may have no more than two wall signs. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy. f. If illuminated, signs may be externally lighted and directed downward. g. Wall sign shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 3. Window Signs. Not more than three (3) window signs per development shall be allowed and shall not be larger than four (4) square feet or cover more than five percent ( 5% )of the area of each window in which a sign is placed, whichever is less. One (1) such sign may be illuminated. F. Mixed Use District 1. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. Deleted: lot Deleted: twenty-five Deleted: 25% Deleted: ) Deleted: shrubs. 24 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Flag. Each development may display no more than one (1) flag and/or flagpole and, in addition, each single family detached residential lot within each development may display not more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty (20) square feet. i. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. 2. Wall Signs. a. Businesses may have no more than two wall signs. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 3. Window Signs. Not more than three (3) window signs per non-residential unit shall be allowed and shall not be larger than four (4) square feet or cover more than five percent ( 5%) of the area of each window in which a sign is placed, whichever is less. One (1) such sign may be illuminated. G. Commercial and Industrial Park Districts (M-1A) Comment [r4]: Laurel Henderson Deleted: - Deleted: twenty-five Deleted: 25% 25 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold 1. Billboards. Within Commercial (C-1) and Industrial Park (M-1A) districts, freestanding signs shall not exceed one hundred twenty-eight (128) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except for the sign, no parking areas, pedestrian areas, roadways, buildings, roadways, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twenty (20) feet in height; and g. In compliance with applicable height standards for the district in which located. 2.. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. Formatted: Highlight Deleted: 1 Deleted: shrubs 26 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt h. Flag. Each development may display no more than one (1) flag and/or flagpole. The flagpole shall not exceed twenty (20) feet in height. Flag size shall not be more than twenty (20) square feet. 3. Wall Signs. a. Businesses may have no more than two wall signs. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet or three (3) percent of the wall area. c. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 4. Window Signs. Not more than three (3) window signs per demised space shall be allowed and shall not be larger than four (4) square feet or cover more than five percent ( 5%) of the area of each window in which a sign is placed, whichever is less. One (1) such sign may be illuminated. H. Industrial Districts 1. Billboards. Within industrial districts (M-1 and M-2), freestanding signs shall not exceed one hundred twenty-eight (128) square feet and shall be located according to the following standards: a. Along, and oriented toward, State numbered primary routes or national highways only; b. At least five hundred (500) feet from all residential or AG-1 zoning districts; c. Minimum fifty (50) foot setback from right-of-way; Formatted: Bullets and Numbering Formatted: Highlight Deleted: ¶ Deleted: ¶ Deleted: 2 Deleted: 3 Deleted: lot Deleted: Deleted: twenty-five Deleted: 25% 27 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold d. Minimum of one thousand five hundred (1500) feet from any other Billboards or freestanding sign, except standard informational signs; e. The lot on which the billboard is located shall have sufficient area to accommodate the Fall Zone, and except the sign, no parking areas, pedestrian areas, roadways, buildings, structures, or appurtenances shall be contained in the Fall Zone; f. Maximum of twenty (20) feet in height; and g. In compliance with applicable height standards for the district in which located. 2. Freestanding Signs. a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen planting as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 3. Wall Signs. a. Businesses may have no more than two wall signs. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. Formatted: Highlight Deleted: no Deleted: Deleted: shrubs Deleted: ¶ 28 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 4. Window Signs. Not more than three (3) window signs per development shall be allowed and shall not be larger than four (4) square feet or cover more than five percent (5%) of the area of each window in which a sign is placed, whichever is less. One (1) such sign may be illuminated. I. Mobile Home Park District 1. Freestanding Signs a. There shall be one freestanding sign per right-of-way frontage and it shall be located at the project entrance. b. Maximum height shall be six feet from finished grade. c. The maximum size shall be 32 square feet. d. Signs shall not have changeable copy. e. Sign may be externally lighted. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. f. The freestanding sign structure shall be constructed of the same material as the predominant material of the principal building. g. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. h. Each residence may display up to twelve (12) square feet of signage with no single sign greater than four (4) square feet. Deleted: lot Deleted: twenty-five Deleted: 25% Deleted: shrubs Deleted: . Comment [r5]: Laurel Henderson 29 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold 2. Wall Signs. a. Businesses may have no more than two wall signs. b. One sign shall be flush against the wall. The maximum size shall be 12 square feet. c. A second sign, if used, shall be perpendicular to the wall. The maximum size shall be 2 square feet. d. Signs shall be one unit as opposed to individually mounted letters. e. Wall signs shall not have changeable copy f. If illuminated, signs may be externally lighted and directed downward. g. Wall signs shall not cover architectural features or details and not extend beyond the roof line or outer edges of the building. h. Sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. Section 26: Overlay Districts The following standards and requirement shall take precedence over city-wide standards and requirements with in the boundaries of the given overlay district. 26.1 STATE ROUTE 9 OVERLAY DISTRICT SIGNS. A. All free-standing signs shall be monuments with the width of the base equal to the width of the sign face. The structure/base should match the principal building materials. B. Multi-tenant developments are allowed one primary monument for the overall development which shall not exceed a maximum surface area of 32 square feet and a maximum height of 6 feet. C. Multi-tenant developments on corner lots are allowed an additional monument sign on the secondary street at the project entrance which shall not exceed a maximum surface area of 24 square feet and a maximum height of 6 (six) feet. D. Single tenant sites and outparcels are limited to one monument which shall not exceed a maximum surface area of 24 square feet and a maximum height of 6 feet. Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: 3. Window Signs. Not more than three (3) window signs shall be allowed and shall not be larger than four (4) square feet or cover more than twenty-five percent (25%) of the area of each window in which a sign is placed, whichever is less. Such signs shall not be illuminated.¶ ¶ Deleted: 64 Deleted: 20 Deleted: identification Deleted: 4 Deleted: Content of the secondary identification monument ¶ is restricted to the name and address of the development. Tenant panels are prohibited. Deleted: 32 30 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt E. Gas Stations, convenience stores, discount warehouse and similar facilities that sell gasoline may have an additional 24 square feet of surface area and not to exceed 6 feet in height. F. Two or more businesses that share a single tenant space are limited to one monument signs which shall not exceed a maximum surface area of 24 square feet and a maximum height of 6 feet. G. Monuments signs shall be set back a minimum 10 feet from the public right-of-way and shall be a minimum of 35 feet from any other identification monument. H.. Each place of business is allowed a maximum of two wall signs. I.. Wall signs shall face public streets and/or pedestrian-parking areas. J. Wall signs shall not exceed 100 square feet or 5% of the applicable wall area, whichever is less. The length of the sign shall not exceed 6 times the height of the sign. K.. Permanent and/or temporary signs in windows shall not exceed 5% of the aggregate window area and shall not block visibility from outside the store. The allowable signage of 5% may be placed in one or more window panels. The area of the doors and spandrell glass panels are excluded from the calculation of the applicable sign area. L. . The following information may be permanently displayed in windows or glass doors and is exempt from the 5% limit: street address, required to be posted by local, state or federal governments. The lettering for this information shall be four inches tall or as required by Fire Safety Code. Also exempt are store hours and security information. M.. Window signs with neon, fluorescent, or tube lights are prohibited. N.. Wall signs shall be flush against the wall, not cover architectural features or details, and not extend beyond the roof line or outer edges of the building. O. Awnings and canopy signs with names are considered signs and may be substituted for monument or wall signs. If substituted, they shall be included in the maximum size calculations. P. The architectural color standards of the district apply only to the sign structure not to the sign face. See Table 26-1.P-1. Formatted: Highlight Deleted: to advertise gasoline prices Deleted: 32 Deleted: 5 feet Deleted: and a ¶ maximum of 10 feet Deleted: ¶ Deleted: ¶ ¶ Deleted: H.Sign structure materials shall in accordance with Article 33 of the ¶ Fulton County Zoning ResolutionOrdinance. Deleted: I Deleted: J Deleted: K Deleted: L Deleted: M Deleted: N Deleted: O Deleted: P Deleted: Q Deleted: Q 31 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt Table 26-1. P-1 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system White Reds 168 C, 181 C,483 C, 484 C, 675C, 1685C, 4975 C Browns, Beiges and Tans 462 C to 468 C; 4625 C to 4685 C, 469 C, 474C, 475 C;4695 C to 4755 C 478 C, 719 C to 724 C 725 C to 731 C 476U to 482U 719U to 725U 726U to 732U Red-Browns 154 U, 1395 U 1405 U Q. Prohibited Sign Types: 1. Rotating, projecting, pylon, pole, portable, changeable copy signs, flashing, animated, sandwich, blinking, fluctuating, and electronic/manual reader boards, changeable copy signs and neon are prohibited. 2. Vehicles with lettering or graphics greater than two inches in height identifying or promoting a business or commercial activity shall not be parked or stored within 100 feet of the curb of any public right-of-way. This standard does not apply to vehicles used regularly for delivery, pick-ups, service calls, or transporting customers, except that such vehicles shall not be parked within 50 feet of the curb of any public right-of-way after hours if the vehicles are visible from the public right-of-way. 3. Posters, placards,flashing, animated, blinking, fluctuating, electronic/manual reader boards, and changeable copy signs are prohibited. S. Wall signs may be internally illuminated. T. Monument signs may be either indirect or internally illuminated. Deleted: Q Deleted: R Deleted: Free standing, r Deleted: 50 Deleted: or signs affixed to or placed in windows, ¶ Deleted: F Deleted: Deleted: shall Deleted: ¶ ¶ ¶ ¶ ¶ ¶ 32 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt WILL REPLACE WITH CORRECTED MAP (STAFF COMMENT) Deleted: ¶ ¶ ¶ ¶ ¶ ¶ ¶ 33 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt 26.2 CRABAPPLE CROSSING OVERLAY DISTRICT SIGNS A. Freestanding signs 1. All signs must meet the following standards: a. Signs shall not have changeable copy including but not limited to scrolling, rotating, flashing, nor computerized changeable copy. Theatres, schools, churches, parks and gas stations may have changeable copy that is changed manually. b. If illumination is used, the sign shall be externally illuminated. The light shall be screened from view with evergreen plantings as approved by the Community Development Director. c. The sign structure shall be constructed of wood, brick or stone and to the extent possible shall be the same material as the predominant material of the principal building. d. The sign face and/or sign letters shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the Community Development Director. Plastic inserts are prohibited. e. The sign shall be supported either on one side or on both sides (aka Shingle sign) 2. Non-Residential Multi-Tenant Building and/or Development (Amended11/03/04) Deleted: Deleted: ¶ Deleted: Deleted: shrubs 34 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt a. The maximum height shall be 8 feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. c. There shall be one sign per right-of-way frontage and it shall be located at the project entrance. 3. Non-Residential Single Tenant Building a. Maximum height shall be 6 feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There shall be one sign per right-of-way frontage and it shall be located at the project entrance. 4. Residential Uses a. Maximum height shall be six feet from finished grade. 35 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: 10 pt Formatted: Font: Bold b. The maximum size shall be 16 square feet. c. Each residential development may have a maximum of one sign per entrance. B. Wall Signs 1. Wall signs shall not have changeable copy. 2. If illuminated, wall signs shall be externally illuminated and directed downward. 3. Wall sign shall not cover architectural features or details and not extend beyond the roof line. Wall signs can hang from the building. 4. Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 5. A businesses may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall be 3% of the applicable wall area. Corner buildings may have an additional wall sign. 6. A business may have an additional sign perpendicular to the wall with a maximum sign area size of 2 square feet. C. Sign Structure Colors 1. Refer to Table 26.2. C-1. for Sign Structure Colors for the Crabapple Crossroads. Deleted: two Deleted: s Deleted: D 36 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt E. Prohibited Sign Types: 1. Lollypop signs, monument signs, temporary window signs, signs placed in the interior of a window with the intent of being viewed by those outside of the building. Rotating, projecting, pylon, poles, portable, flashing, animated, sandwich, blinking, functionality, and electronic needs, boards, chargeable copy signs and neon are prohibited. F. Window Signs Any sign within 5 feet of a window is considered a window sign, for the purposes of application of this section of the Ordinance. Table 26.2.C-1 Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 1807C 2C-7C 289C 316C 401-405C 407-412C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835 625U 627U Warm Grey 5-7C Warm Grey 8-11 Formatted: Highlight Formatted: Indent: Left: 1" Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight 37 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt STAFF WILL REPLACE WITH CORRECTED MAP TO REFLECT CITY OF MILTON BOUNDARIES 38 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt 26.3 BIRMINGHAM CROSSING OVERLAY DISTRICT SIGNS. A. Free standing signs 1. All signs must meet the following standards: Signs shall not have changeable copy including scrolling, rotating, flashing, or computerized changeable copy. a. If illumination is used, the sign shall be externally illuminated. The light shall be directed downwards. b. The sign structure shall be constructed of wood, brick or stone and to the extent possible shall be the same material as the predominant material of the principal building. c. The sign face shall be made out of wood, a material which has the appearance of carved, distressed, or sandblasted wood or stone as approved by the Community Development Director. Plastic inserts are prohibited. d. The sign shall be supported either on one side or on both sides (aka Shingle sign) 2. Non-Residential Multi-Tenant Building and/or Development (Amended 11/03/04) a. The maximum height shall be 8 feet from finished grade. b. The maximum size of the sign area shall be 32 square feet. 39 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt c. There shall be one sign per right-of-way frontage. 3. Non-Residential single Tenant Building a. Maximum height shall be 6 feet from finished grade. b. The maximum size of the sign area shall be 20 square feet. c. There shall be one sign per right-of-way frontage. 4. Residential Uses a. Maximum height shall be six feet from finished grade. b. The maximum size shall be 16 square feet. c. Each residential development may have a maximum of one sign per entrance. B. Wall Signs 1. Wall signs shall not have changeable copy. 2. Wall signs shall be externally illuminated and directed downward. 3. Wall sign shall not cover architectural features or details and not extend beyond the roof line. 4. Wall sign faces shall be made out of wood or other material which has the appearance of carved, distressed, or sandblasted wood as approved by the Community Development Director. 5. A business may have one wall sign. The sign can be flush against the wall or it can hang from the building. The size shall be 3% of the applicable wall area. Corner buildings may have an additional wall sign. 6. A business may have an additional sign perpendicular to the wall with a maximum sign area size of 2 square feet. 40 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt 7. A portion of the wall sign can be placed on an overhang or a canopy. 8. Any sign within 5 feet of a window is considered a window sign, for the purposes of application within this section of this Ordinance. C. Refer to Table 26.3-C for sign structure color in the Birmingham Crossroads Overlay. Table 26.3-C Permitted Colors for Sign Structure The following numbers refer to the Pantone Matching System, an international color matching system 41 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt 1807C 2C-7C 289C 316C 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4505C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 D. Prohibited Sign Types: 1. Lollypop signs, temporary window signs, signs placed within 24” of an exterior window with the intent of being viewed by those outside of the building, internal illumination of plastic faced signs, electronic or flashing reader signs, exposed neon, changeable copy, ground “monument” signs. Rotating, projecting, pylon, poles, portable flashing, animated, sandwich, blinking, functionality, and electronic needs, boards, chargeable copy signs and neon are prohibited. 42 Revisions per 2/21/07 MCC Work Session in blue underline/deletion Revisions per 3/22/07 P.C. Mtg (Yellow) Revisions per 3/28/07 per Laurel Henderson in pink w/comment box 03/28/07 Formatted: Font: Bold Formatted: Font: 10 pt STAFF WILL REPLACE WITH CORRECTED MAP TO REFLECT CORRECT OVERLAY DISTRICT Section 27: Severability. Should any article, section, clause, or provision of this Article be declared by a court of competent jurisdiction to be invalid, such action shall not affect the validity of the ordinance as a whole or any part hereof other than the part so declared to be invalid, it being the intent of the City Council of the City that each article, section, clause, and provision hereof be severable. Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 1 3/29/2007 ARTICLE XII-G State Route 9 Overlay District 12G.1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares it to be the purpose and intent of this Ordinance to establish a uniform procedure for providing for the protection, enhancement, preservation, unity of design, and use of places, sites, buildings, structures, streets, neighborhoods, and landscape features in the State Route 9 Overlay District in accordance with the provisions herein. This Ordinance is adopted as part of a strategy designed to promote the health, safety, order, prosperity, and general welfare of the citizens of Milton through the regulation of design, aesthetics, location, bulk, size of buildings and structures, and the density and distribution of population. This Ordinance also seeks to reduce congestion on the streets; to provide safety from fire, flood and other dangers; provide adequate light and open space; protect the natural environment and address other public requirements, in order to provide sustainable development that involves the simultaneous pursuit of economic prosperity, environmental protection and social quality. This Ordinance also seeks, among other things, to promote accepted design principles in areas of new development and redevelopment, to raise the level of community understanding and expectation for quality in the built environment, to protect and enhance local aesthetic and functional qualities, and to stimulate business and promote economic development. In consideration of the character of the State Route 9 District, these regulations are to monitor the suitability for certain uses, construction and design, prevent functional and visual disunity, promote desirable conditions for community and commerce and protect property against blight and depreciation. 12G.2. STATE ROUTE 9 OVERLAY DISTRICT REGULATIONS, The State Route 9 Overlay District applies to all properties zoned or developed for nonresidential and residential uses (except single family detached dwelling units) within the area delineated on the attached map: State Route 9 Zoning Overlay District, September 4, 2003. The State Route 9 Overlay District also applies to those properties annexed into the City of Milton within the area delineated on the attached map. Within the State Route 9 Overlay District, land and structures shall be used in accordance with the standards of the underlying district. Whenever provisions of this Article conflict with any other Article in the Zoning Formatted Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: ADOPTED BY THE BOARD OF COMMISSIONERS APRIL 7, 1999¶ AMENDED OCTOBER 1, 2003, SEPTEMBER 1, 2004¶ Deleted: Board of Commissioners of Fulton County Deleted: Resolution Deleted: Resolution Deleted: Fulton County Deleted: Resolution Deleted: Resolution Deleted: : City of Milton Annexation Scenario N. Main St Deleted: ¶ Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 2 3/29/2007 Ordinance of the City of Milton or any other City ordinances, regulations, or Ordinances, the standards set forth in this Article XII-G shall prevail. 12G.3. DESIGN REVIEW BOARD The City of Milton Design Review Board (Article XII-H) as set forth in Section 12.H.2 of the Ordinance, shall review all plans for development (except for single family detached dwelling units) in the State Route 9 Overlay District for compliance with the standards herein and shall make recommendations to the Community Development Department prior to the approval of a Land Disturbance Permit, Building Permit, Demolition Permit or Primary Variance. 12G.4. DEVELOPMENT STANDARDS. 12G.4. A. Landscaping 1. A minimum 20-foot wide landscape strip along the following roads when Article 4 of the Zoning Ordinance specifies a smaller landscape strip: State Route 9, Windward Parkway, Deerfield Parkway, Cogburn Road, Webb Road, Morris Road, and Bethany Bend Road 2. A minimum 10-foot wide landscape strip along any interior property line adjacent to a nonresidential zoning and/or use. 3. For each thirty (30) linear feet of landscape strip, a minimum of one 3” caliper hardwood shade tree is required to be planted in the center of the landscape strip or as approved by the Director. 12G.4. B. Screening and Fencing 1. If visible from a public right-of-way or adjacent residential use, rear or side parking and loading areas shall be screened from view by one of the following methods: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Side parking on a corner lot facing a side street does not need to be screened. 2. Where a parking lot, parking structure or gas fueling bay fronts directly on a public street, a continuous screen of evergreen plantings shall be provided. Said screen shall be 3 feet in height at planting and 4 feet minimum height at maturity and 3 feet to 8 Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: Resolution Deleted: Fulton County Deleted: Fulton County Deleted: resolution Deleted: these Deleted: PROCESS. Prior to the issuance of a building permit,¶ the applicant shall submit plans which include details of exterior materials,¶ colors, design and architectural elements of proposed building(s) as specified by¶ this Article.¶ ¶ Fulton County staff shall review all requests for land disturbance, building¶ (excluding interior renovations), and sign permits for compliance with this¶ Article. Upon determination of compliance, a Certificate of Endorsement¶ (COE) will be provided in the form of signing the formally submitted plans and¶ drawings.¶ ¶ In no event shall a proposal which otherwise conforms to applicable codes and¶ regulations be delayed issuance of a building permit for more than ten working¶ days due to this review process.¶ ¶ The Community Development Department shall review all¶ plans for development in the District for compliance with the standards herein¶ prior to the approval of a Land Disturbance Permit, Building Permit, or Sign¶ Permit. Deleted: Resolution Deleted: Manager Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 3 3/29/2007 feet in width at maturity. 3. Retaining walls shall be faced with or constructed of stone, brick, or decorative concrete modular block only. If any retaining wall equals or exceeds three feet in height, a continuous evergreen planting shall be required adjacent to it. 4. Refuse areas and receptacles shall be placed in the least visible location from public streets and shall be enclosed on 3 sides with opaque walls. The 4th side shall be a self-closing gate made from non-combustible materials. Opaque walls shall be a minimum of 12 inches higher than the receptacle. Wall materials shall be noncombustible brick or stone. Refuse receptacles shall not be placed within 50 feet of an existing residential or AG-1 (Agricultural) property line. 5. Accessory site features located on the ground shall be screened from view from any public right-of-way or any residential use by one or a combination of the following: placement behind the building, 100% opaque fencing, a berm, or vegetative screen planted to buffer standards. Where walls or fences are used in lieu of planted screens, landscape materials shall be incorporated into the screening scheme. 6. Accessory site features are prohibited in the front yard or in any yard adjacent to a street. 7. Accessory site features on a roof shall be screened from the view of public and private streets by a parapet or other architectural feature or as approved by the Community Development Director. No parapet shall be required to be greater than 4 feet above roof. 8. Flat roofs shall be screened from the view of public and private streets by a parapet. No parapet shall be required to be greater than 4 feet above roof. 9. Along public streets, fencing materials shall be natural or manmade stone, brick, aluminum, ornamental or decorative wrought iron, architectural concrete, or wood. Unpainted pressure treated wood is prohibited. 10. Fences adjacent to a public street shall not exceed 55 inches in height measured from finished grade. 11. Chain link fencing may be used along golf courses, play fields, Deleted: Manager of Environment and Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 4 3/29/2007 and other recreational areas. All chain link fencing shall be black or hunter green vinyl coated. Exception: Chain link fencing shall not be allowed if fencing can be seen during any month of the year from the following streets: Windward Parkway, Deerfield Parkway, Cogburn Road, State Route 9, Webb Road, Morris Road, and Bethany Bend Road. 12. When required, fencing material around detention/retention facilities shall be black or hunter green vinyl coated chain link fence or as approved by the Director. 13. Painted chain link fences are prohibited. 12G.4. C. Pedestrian Paths 1. Sidewalks are required along all public and private road frontages and shall be a minimum of 6 feet wide. 2. Sidewalks, multi-use paths and other pedestrian paths shall be illustrated on the site plan submitted at the time of application for a Land Disturbance Permit 3. Sidewalks shall be allowed to meander as topography permits subject to the approval of the Manager of Environment and Community Development. 4. Multi-use paths for bicycles and pedestrians may be substituted for the required sidewalks as approved by the Director of Community Development and the Manager of Community Services when the path is part of the Milton Bicycle and Pedestrian Plan. 5. Multi-use paths designed for use by bicyclists and pedestrians shall be 12 feet wide. 6. Multi-use paths designed with separate paths for bicyclists and pedestrians shall be 15 feet wide, 10 feet for bicycles and 5 feet for pedestrians. 7. Sidewalk connector paths shall be constructed across the entire length of all concrete aprons and shall be textured to match the appearance of sidewalk materials, in color, texture and design. Sidewalk connector paths shall comply with all applicable standards of the Americans with Disabilities Act (ADA). 8. Internal walkways (paths) are required from the public sidewalk to the main entrance of the principle use of the property and shall Deleted: Manager Deleted: Manager Deleted: Fulton County Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 5 3/29/2007 meet applicable Americans with Disabilities Act (ADA) standards. 9. If provided, street furniture shall be located outside the specified width of any pedestrian path. 10. Paths shall be designed to minimize direct auto-pedestrian interaction. 11. Intra-parcel walkways crossing parking lots shall be distinguished from parking lots by the use of colors, texture (use of different materials), difference in rise above the parking lot or a combination of these methods, to minimize auto-pedestrian conflict. 12. Sidewalks shall be connected to applicable signalized crosswalks and with bus stops. 13. Paths shall be direct and convenient routes between points of origin (such as a bus stop) and destination (such as a shop, bank, etc). 14. The lighting plan for pedestrian paths shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Pedestrian lighting shall also be shown on the landscaping plan so that future mature growth vegetation does not conflict with proposed lighting. 15. Pedestrian connectivity between residential and nonresidential developments is required. 12G.4. D. Lighting 1. A lighting plan for open parking lots and pedestrian paths shall be submitted for approval prior to the issuance of a Land Disturbance Permit. 2. Any lighting fixture shall be a cutoff luminary whose source is completely concealed with an opaque housing. Fixtures shall be recessed in the opaque housing. Drop dish refractors are prohibited. The wattage shall not exceed 420 watts/480 V per light fixture. This provision includes lights on mounted poles as well as architectural display and decorative lighting visible from a street or highway. Wall pack lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off down directional a maximum of 250 watts. Canopy lighting shall be cut-off luminaries with a maximum lamp wattage of 400 watts. Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 6 3/29/2007 3. Light sources (lamps) shall be incandescent, fluorescent, metal halide, mercury vapor, natural gas, or color corrected high pressure sodium (CRI of 60 or better). The same type must be used for the same or similar type of lighting on any one site. 4. Mounting fixtures must be modified in such a manner that the cone of the light is not directed at any property line. The minimum mounting height for a pole is 12 feet. The maximum mounting for a pole is 28 feet. Any fixture and pole located within 20 feet of a residential zoning shall be a type four or forward throw distribution. 5. All site lighting shall be designed so that the illumination as measured in foot-candles at any one point meets the following standards: Minimum and maximum levels are measured at any one point. Average level is not to exceed the calculated value and is derived using only the area of the site included to receive illumination. Points of measure shall not include the area of the building or areas which do not lend themselves to pedestrian traffic. Also, if the major portion of the lighting design is to be in the front of a building, the average level should not be affected by adding a light or two in the back of the same building, which would raise the average of the intended area for lighting. 6. Future renovations, upgrades, or additions to existing facilities prior to the effective date of this ordinance shall not exceed existing illumination levels below. The entire site must be bought into conformance with this article should a renovation, upgrade, or addition occur that would require a land disturbance permit. Location or Type of Lighting Minimum Level Average Level Maximum Level Area for display of Outdoor Merchandise 1.0 5.0 15.0 Commercial, Office, and Public/Semi-Public Parking Areas 0.6 2.40 10.0 Multi-Family Residential Parking Areas 0.2 1.50 10.0 Walkways and Streets 0.2 2.00 10.0 Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 7 3/29/2007 Landscape and Decorative 0.0 0.50 5.0 7. Historic period lighting shall be used. 8. Lights shall be architecturally decorative with a historic style (includes shepherds crook, pole top, and bollard). The same type of design must be used along pedestrian pathways and/or common areas. 9. Shoe box, cobra lighting fixtures, and neon lighting are prohibited. 12G.4. E. Building Materials and Architectural Treatments 1. Developments shall include architecture elements such as columns, arcades, covered entry-walkways, arches, facade offsets, windows, balconies, offset walls, clock towers, cupolas and/or courtyards. 2. The principle entry area of a building shall be articulated and express greater architectural detail than other portions of the building. 3. To the extent any rear or side of any building is visible from any public street or single family residence, architectural treatment shall continue through the rear or side. 4. All buildings shall be oriented to face a street or courtyard 5. Any nonresidential building façade shall have a minimum of 25% fenestration or as may be approved by the Director of Community Development. 6. Front yard fences shall be non-opaque. Opaque fences are permitted in side and rear yards. 7. Building plans for townhouse and duplex developments shall exhibit differentiated architectural features such as porches, balconies, bay windows, stoops, which are consistent with one overall architectural theme. 8. Alleys shall only be allowed if the alley is located between two rows of townhouses or duplex developments. If constructed, Deleted: Manager Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 8 3/29/2007 alleys shall exhibit a continuous network with other streets and or alleys at the rear of each building lot. 9. Exterior buildings shall demonstrate a variety of appearances which are all compatible with one selected architectural theme. 10. Buildings shall not end abruptly at a corner. Corner buildings shall demonstrate focal points which anchor the corner. Corner buildings should have functional extensions around any corner. 11. The scale of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. 12. The massing of buildings with ground floor areas greater than 10,000 square feet is subject to the approval of the Director of Community Development prior to the issuance of a Building Permit. Example of Corner Building 13. Building entrances and front exteriors shall be articulated and designed to create additional visual interest by varying architectural details, building materials, and by varying the roof line and building offsets. 14. Accent building materials are limited to brick, tile, non-reflective glass, natural or man-made stone with weathered, polished or fluted face, textured traditional cement stucco, architectural concrete masonry with fluted, split-face, or broken-face finish, Deleted: Manager Deleted: Manager Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 9 3/29/2007 Portland cement plaster and lath systems, architectural (either precast or tilt-up) concrete (fluted or with exposed aggregate finish), or Hardi-plank. 15. Exposed concrete masonry unit (CMU) block, corrugated steel, aluminum siding, vinyl siding, prefabricated metal, exposed plywood, and exposed pressboard are prohibited as exterior finishes. 16. Exterior finishes for accessory structures shall be consistent with the principle structure. 17. Permitted colors for exterior walls, building components, sign structures, accent and decorative elements shall be as specified by Table 12G-1 or as approved by the Director of Community Development. Table 12G-1 Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Components, Sign Structure, Accent and Decorative Elements Accent and Decorative Elements Only White Black White Browns, Beiges and Tans 462 C to 468 C 4625 C to 4685 C 469 C, 474C, 475 C 4695 C to 4755 C 478 C, 719 C to 724 C 725 C to 731 C 476U to 482U 719U to 725U 726U to 732U Greens 553 C to 554 C 560 C to 561 C 614 C to 616 C 3302 C to 3305 C 3295 C 342C, 343 C 3435 C 356 C, 357 C 5467 C to 5527 C 3305U, 3308U, 335U 336U, 341U-343 U Deleted: Manager Deleted: Environment and¶ Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 10 3/29/2007 Table 12G-1 Permitted Colors for Exterior Walls, Building Components, Sign Structure, Accent and Decorative Elements The following numbers refer to the Pantone Matching System, an international color matching system Exterior Building Walls, Building Components, Sign Structure, Accent and Decorative Elements Accent and Decorative Elements Only 3415 U to 3435 U 349 U 356 U to 357 U 5535U to 5595U 553U to 559U Reds 168 C, 181 C 483 C, 484 C 675C, 1685C, 4975 C Grey 429 U to 433 U 443 U to 447 U Warm Grey 6U-11U Cool Grey 6U-11U 5467U to 5527U Red-Browns 154 U, 1395 U 1405 U Grey-Blue 5395U to 5455U 621U to 627U 642U to 644U 647U to 650U 654U to 656U 662U Green-Grey 5605U to 5665U 18. Permitted sloped roof materials are asphalt shingles, composition shingles, wood shingle, tin, standing seam metal, and wood shake. Sloped roofs are encouraged wherever feasible. 19. Roof colors shall be black, gray, dark gray, brown, red or green. Reflective and metallic colors are prohibited unless described above. 20. Building components such as burglar bars, steel gates, metal awnings and steel roll-down curtains are prohibited if visible Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 11 3/29/2007 from a public street. 21. Neon lights outlining and/or detailing building features are prohibited. 12G.4. F. Parking 1. On-street surface parking spaces located adjacent to the front property line shall be counted toward the minimum number of parking spaces required for that lot. 2. Access lanes and additional curb cuts (other than the primary access drive) shall be located to the side or rear of the property. The maximum width of the access lane and/or driveway is 18 feet. 3. Decks shall be constructed to conceal vehicles. 4. Decks shall include architectural detailing and finish compatible with surrounding buildings. 5. At least one bicycle parking area shall be provided for each nonresidential development. 6. Loading areas shall be located in the rear or side yards. 12G.4. G. Miscellaneous Provisions 1. Telecommunications switchboards, power generators, and other telecommunication relay equipment rooms or floors housing such uses are limited to the following areas of a building: (a) subterranean levels, (b) first and second floors which are set back a minimum of 50 feet from the street, or (c) third and fourth floors. 2. Stealth design is required for all cell towers. 3. Height of cell towers shall not exceed 199 feet. 4. The wireless communications facility shall be disassembled and removed from the site within ninety (90) days of the date its use for wireless telecommunications is discontinued. 5. Neither parking lots nor areas immediately adjacent to a building shall be used for storage or sale of goods. 6. Storage of shopping carts is allowed without a permit. Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 12 3/29/2007 7. Displaying or sale of goods outside the interior permanent and sheltered portions of a building is prohibited. Exceptions: seasonal holiday trees, pumpkins, and open air fairs provided an administrative permit is obtained, pursuant to Article 19. 8. Vending machines, paper stands, and other similar devices must be located interior to the building structure. 12G.6. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12G.7. APPEALS. Any persons aggrieved by a final decision of the Department of Community Development relating to this article may appeal such final decision to the Board of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per the Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the department is rendered. 12G.8. ADOPTION AND EFFECTIVE DATE. NOW, THEREFORE BE IT RESOLVED, the Mayor and City Council does hereby ordain, resolve and enact the foregoing Article XIIG to the Zoning Ordinance of City of Milton, Georgia. Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: Fulton County Deleted: Resolution Deleted: Fulton County Board of Commissioners Deleted: ¶ Deleted: Resolution Deleted: Fulton¶ County, Deleted: ¶ ¶ ¶ ¶ Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 13 3/29/2007 Deleted: 3/28/2007 Staff Comments in blue P.C. Meeting 3/22/07 edits in Yellow 14 3/29/2007 STAFF WILL REPLACE WITH CORRECTED MAP Formatted: Font: 12 pt Deleted: ¶ Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 1 3/29/2007 ARTICLE XII-H Northwest Fulton Overlay District AN ORDINANCE TO AMEND THE ZONING ORDINANCE OF THE CITY OF MILTON, GEORGIA, TO ESTABLISH THE NORTHWEST FULTON OVERLAY DISTRICT, TO DELINEATE THE NORTHWEST FULTON OVERLAY DISTRICT , TO PROVIDE DEVELOPMENT AND DESIGN STANDARDS, AND FOR OTHER PURPOSES. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL,GEORGIA. 12H.1. PURPOSE AND INTENT. The Northwest Fulton Overlay Zoning District applies to all properties except detached single-family residential land uses within the boundaries of the City of Milton as described in the attached map. The Mayor and City Council of Milton, Georgia finds that historic rural areas and their scenic surroundings are important cultural, recreation and economic assets critical to the public’s long term interest and hereby declares it to be the purpose of this article to recognize and to establish a procedure to protect and plan for the county’s crossroads communities. The intent of this article is: (1) To develop guidelines for the preservation and perpetuation of rural commercial crossroads communities based on the description and analysis of their setting; (2) To preserve the integrity of the area, which developed during the late 19th century and early 20th century, through architectural design interpretation and application; (3)To preserve and protect the rural, agrarian and equestrian character of crossroads communities and their surrounding areas; (4) To preserve and to ensure the harmony and compatibility of the character of the area including its physical appearance, natural setting and informal landscaping; (5) To be aware and respectful of the environment’s natural resources and visual qualities; (6) To preserve open space; (7) To preserve, encourage and promote, through the built environment, the sense of place, the sense of ownership, the sense of identity, the sense of evolution and the sense of community present in the area; (8) To ensure existing design characteristics of the crossroads serve as a standard against which plans for new construction will be judged for harmony compatibility and appropriateness; (9) To encourage and ensure that development that is contemporary in design and materials compliments and is compatible and sensitive with the existing character of the area through its proportion, scale, design, style, placement, position and architectural qualities; (10) To develop a commercial setting that has individuality and is unique and does not imitate building types or styles unrelated to these crossroads communities; (11) To provide for the Formatted: Highlight Formatted: Highlight Deleted: ADOPTED BY THE BOARD OF COMMISSIONERS APRIL 7, 1999¶ AMENDED ON DECEMBER 1, 1999 AND MAY 7, 2003¶ Deleted: Zoning Deleted: RESOLUTION Deleted: RESOLUTION Deleted: FULTON COUNTY Deleted: ¶ Deleted: ZONING Deleted: INUNINCORPORATED FULTON COUNTY Deleted: BOARD OF COMMISSIONERS OF FULTON COUNTY Deleted: ¶ Deleted: only Deleted: zoned, developed, or used for ¶ non Deleted: ¶ Deleted: ¶ Deleted: in a geographic area bounded as follows: in North Fulton County, beginning at the common boundary of Fulton, Cherokee and Forsyth counties; then proceeding southerly along the Fulton County-Forsyth County border to a point 1000 feet north-northwest of the north-northwest right-of-way line of State Route 9 (Cumming Highway); then proceeding westerly and southerly along a line 1000 feet outside of the northerly and westerly right-of-way of State Route 9 to the point where said line intersects the common boundary of unincorporated Fulton County and the City of Alpharetta; then proceeding westerly along the common boundary of unincorporated Fulton County and the City of Alpharetta; then proceeding south on Broadwell Road and including all of the unincorporated area between the City limits of Alpharetta, generally the area on either side of Rucker Road; then proceeding north on Broadwell Road along the common boundary of unincorporated Fulton County and the City of Alpharetta to a point on the northerly right-of-way of Crabapple Road; then proceeding westerly along the right-of-way of Green Road; then proceeding southwesterly across State Route 140 to a point that is 1000 feet southwest of the southwest Deleted: Board of Commissioners of Fulton County Deleted: 3/28/2007 ... [1] P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 2 3/29/2007 construction of buildings and spaces that are human in scale, welcoming and approachable; (12) To encourage containment of existing commercial areas, to provide for transition between commercial areas and residential areas and discourage encroachment of the commercial areas into the residential areas and (13) To promote sustainable development. This Article is adopted as part of a strategy designed for the purpose, among others, of preserving and protecting these areas and enhancing their important aesthetic appearance through regulatory measures, while advancing community development goals, promoting economic development and substantially protecting and promoting health, safety, order, prosperity and general welfare of the citizens of Milton. Included within the scope are regulations governing the location of buildings on the site, the design and materials of building(s) and other structure(s), landscaping and screening provisions, signs, pedestrian circulation and other items. Whenever provisions in this Article conflict with any other Articles in this Ordinance, or other City of Milton ordinances, or regulations, the provisions of this article shall prevail. 12H.2. DESIGN REVIEW BOARD . The City of Milton Overlay District Design Review Board ( ) shall consist of a seven-member board of residents, land owners, business owners, professional architects and/or land planners, who either maintain primary residences and/or businesses or own land in the City of Milton. Members of the City of Milton Overlay District Design Review Board shall be nominated by the Mayor and District Councilperson and approved by the Milton City Council. Members shall serve concurrently with the Mayor and Council’s terms. Members of the City of Milton Overlay District Design Review Board will elect a Chairman and a Vice-Chairman. Meetings will be conducted in accordance with Robert’s Rules of Order. The City of Milton Overlay District Design Review Board shall review all plans for development in the City of Milton (except for single-family residential land uses and/or dwelling units) for compliance with the standards herein and shall make recommendations to the Department of Community Development prior to the approval of a Land Disturbance Permit, Building Permit, Demolition Permit or Primary Variance. 12H.3. DEVELOPMENT STANDARDS. This section establishes standards for Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: Fulton County Deleted: ¶ ¶ Deleted: Resolution Deleted: Fulton County Deleted: resolutions Deleted: ¶ Deleted: (Approved May 7, 2003) Deleted: Northwest Fulton Deleted: NWFDRB Deleted: ¶ Deleted: Northwest Fulton Deleted: Northwest Fulton Deleted: Northwest Fulton Deleted: Northwest Fulton Overlay District Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 3 3/29/2007 elements of the overall site and of the buildings which affect the character of the district such as: landscaping, fencing, lighting, building size, orientation, scale, setback, parking, building design, building material, building components, signs, and color. 12H.3.1. Landscaping. Landscaping should be compatible in form, style and design with the natural setting and informal landscaping present in the area and on the site before development. Landscaping should also be used as a buffer to screen a development from adjacent residential and agricultural uses. A. Streetscape and Landscape Strips 1. All properties shall provide a minimum 10 foot-wide strip along all public streets. The ten (10) foot-wide strip shall be planted with a minimum 2½” to 3" caliper hardwood over- story. Additional over-story trees are encouraged. The 10 foot wide strip may be developed either: (see article 12H.3.2.B for additional landscape and screening requirements) a. with hardscape elements such as plazas, planters, benches, fountains and tables in addition to the required hardwood trees, or b. with landscape elements consisting of 60% coverage in trees and shrubs and 40% coverage in grass and ground cover pursuant to the Zoning Ordinance, Milton Tree Protection Ordinance, or c. with a combination of both landscape and hardscape elements. 2. Trees shall be planted in the center of the landscape strip at a maximum distance of every twenty feet. 3. Specimen trees, as described in the Milton Tree Protection Ordinance, located within the minimum front yard shall be preserved. 4. A minimum five foot-wide strip shall be planted with grass or sod between the back of curb and the sidewalk. B. Parking Lot Landscape Islands Formatted: Highlight Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: ¶ ¶ Deleted: Resolution Deleted: of Deleted: Fulton County and Deleted: thirty Deleted: Fulton County Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 4 3/29/2007 1. There shall be a minimum 10 foot wide landscape island at the end of each parking bay; 2. There shall be a 10 foot wide landscape island for every 72 feet of double row length or 90 feet of single row length of parking spaces; 3. Landscape islands shall include one over-story shade tree per 180 square feet, and 4. Location of interior landscape islands shall vary from row to row to avoid a grid pattern and rectilinear layout. C. Landscape Buffers 1. For sites on four acres or less, a fifty (50) foot-wide undisturbed buffer, with a 10' improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 2. For sites on more than four acres, a seventy-five (75) foot-wide undisturbed buffer, with a 10' improvement setback, shall be located adjacent to all AG-1 zoning districts and all property zoned, used, or developed for residential uses. 3. To make buffers seem natural, an equal mix of three species from the Acceptable Evergreen Plant Material for Milton Undisturbed Buffers shall be used. D. Property owners are encouraged to develop a green space for recreation and public enjoyment. 12H.3.2. Screening and Fencing. Landscaping and fencing materials should be used to minimize visual and noise impact of parking, loading areas, detention ponds and accessory site features. A. All loading areas shall be screened from view of any public street by either: (1) a minimum six foot high opaque fence matching the material of the building or (2) a 15 foot-wide landscape strip planted with a continuous hedge of evergreen shrubs. Shrubs shall be moderately growing, be a minimum height of 3½ to 4 feet at time of planting, and reach a height of six feet within two years of planting. B. All parking areas shall be screened from view of any public street by: (1) a 15 foot-wide landscape strip planted to buffer standards Formatted: Highlight Formatted: Highlight Deleted: Fulton County Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 5 3/29/2007 or (2) a berm planted with a continuous hedge or evergreen shrubs. Plants shall be a minimum height of 3½ to 4 feet at time of planting, and such plants (or in the case of option 2 above, the berm and the planting combined) shall reach a height of six feet within two years of planting (see article 12H.3.1.A for additional landscape and screening requirements). C. Refuse areas (dumpsters) shall be placed in the least visible location from public streets, and shall be enclosed pursuant to rules of the Fulton County Health Department. Enclosures must be constructed of the same exterior wall material used for the building. The enclosure shall be a foot higher than what is contained in the interior. The door enclosing shall be made out of wood or a material that has the appearance of wood. D. Accessory site features, as defined in each zoning district of the Zoning Ordinance, shall be placed in the least visible location from public streets, and shall be screened from view of any right-of-way and/or any property zoned, used, or developed for residential uses, including the AG-1 zoning district, by one of the following means: (1) placement behind the building, (2) 100% opaque fencing which must be constructed of the same type of exterior material used for the building, or (3) by a berm or vegetative screening. The screening shall consist of evergreen shrubs, be 3 ½ to 4 feet at time of planting, and reach a height of 6 feet within 2 years or planting. E. Drive-throughs are discouraged. However, if present, a drive- through shall be considered to be an accessory structure to a building. It should be screened from view from the right of way and should be in scale and proportion to the building to which it is attached. F. All detention ponds shall have a minimum 10 foot wide landscape strip planted to buffer standards with evergreen plantings exterior to any required fence and or required access area. All chain link fence shall be black vinyl clad. G. Fencing Material and Height: 1. Allowed fencing material shall be three or four board wooden fencing with wood posts, in yards adjacent to a public street. 2. Fences in yards adjacent to a public street shall not exceed 55 inches from finished grade. Formatted: Highlight Deleted: Resolution Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 6 3/29/2007 3. Retaining walls shall be constructed of stone and brick only. Retaining walls above 3 feet high shall have a continuous planting of evergreens. 4. Opaque fences are prohibited in yards adjacent to a public street, except as set forth in Section 12H.3.2.4 and 5. H. Chain link fencing, except as required along detention/retention ponds, is prohibited from public view. All chain link fence shall be black vinyl clad. 12H.3.3. Pedestrian Safety. Construction of sidewalks and pedestrian amenities should encourage and promote walking to a development and within a development. The placement of sidewalks and pedestrian amenities should contribute to the sense of place of the community. Sidewalks shall be constructed along public road frontages and at least a five foot landscape strip shall be planted between the roadway or curb and the sidewalk. The sidewalk shall be set back from the back of curb the maximum distance allowable within the right of way. 1. Mandatory Requirements - Pedestrian Path Design Standards A. Proposed developments shall have a pedestrian network. B. Paths shall comply with any applicable Americans with Disabilities Act standards for slope, width, texture, level differences, and ramps. C. Paths shall be a minimum of five-foot in width. D. Paths shall be clearly identified (through painting, signage, texture change). E. In order to facilitate travel, paths shall not be obstructed by any object or structure. F. Paths shall be designed to minimize direct auto-pedestrian interaction. G. Paths shall be connected to signalized crosswalks, where applicable. H. Paths shall be a direct and convenient route between points of origin (such as a bus stop) and destination (such as a shop, bank, etc.) with the following exception: sidewalks and paths may meander to protect and maintain mature Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 7 3/29/2007 trees and other permitted landscape features. Meandering sidewalks are discouraged. I. Internal walkways (paths) shall be constructed connecting the public sidewalk along the street to the main entrance of the principal use of the property. J. Pedestrian paths shall be colored/textured walkways or sidewalks. 2. Encouraged Elements - Pedestrian Paths and Public Spaces A. To increase safety, grade separation is encouraged between pedestrian paths and motor vehicle access areas. B. Paths are encouraged to be built alongside interesting and inviting features. Street furniture is encouraged to be located adjacent to any path. Street furniture includes, but is not limited to, benches, pedestrian scale lighting, trash receptacles, and mailboxes. C. Community public spaces that promote gathering and have a park like design with streetscape and hardscape elements are encouraged. D. Paths are allowed to perpendicularly cross landscape strips. E. Granite curbing is preferred over other types of curbing. 12H.3.4. Site Lighting for Parking Lots, Pedestrian Paths and Public Entrances. Lighting should be compatible with the rural and historic setting of Northwest Fulton. Lighting should be minimal while at the same time ample enough for safety and night viewing. A. Parking lot lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 20 feet from finished grade. b. Light posts shall have curved arms to focus light downward. Up to two (2) arms are permitted on a single post. c. Parking lot light fixtures shall have the light cut off below 90 degrees and the beam shall be cut off at 75 degrees. Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 8 3/29/2007 d. Allowable post arm style shall be Shepherd’s Crook. B. Pedestrian lighting shall meet the following minimum standards: a. Light posts shall not exceed a height of 15 feet from finished grade. b. Allowable post styles are pole-top, bollard, and Shepard’s Crook. C. Posts shall include a taper, either in their transition downward from post to decorative shaft (base), or upward to ballast housing, or both. D. Prohibited styles: Shoe box and cobra styles. E. Building mounted lighting fixtures shall have a 45 degree light cut off. F. All exterior lighting in publicly accessible locations shall be architecturally decorative with a historic style. G. Neon lighting is prohibited. H. Light housings and posts shall be a dark color/material and be non- reflective. I. Exterior lighting shall not exceed two (2) foot candles. 12H.3.5. Building Size, Orientation, Setback, Height, Scale and Parking. The design and lay out of a development should build upon and complement the design of crossroads communities as opposed to creating a new one. The size, orientation, setback and scale of buildings are integral elements of crossroads communities. A building’s orientation and placement should complement and relate to adjacent buildings, structures and properties. The placement of buildings should create and informal grouping and relationship between them as opposed to being orderly and uniform. The location of a building should take into consideration its rural surrounding and take advantage of this by maintaining open views and spaces. Buildings should be in proportion, in scale and characteristic to their rural and natural setting. The building design and material should contribute to the style and feeling of its rural surrounding. The visual impact of parking should be minimized by placing it to the rear and by screening A. Size. Non institutional buildings shall be limited to the following: Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 9 3/29/2007 1. On a development of four acres or less, the maximum building size shall be 20,000 square feet. However, to encourage construction of multiple buildings, if two or more buildings are built, the total size of all buildings shall be a maximum of 25,000 square feet, no single one of which shall exceed 15,000 square feet. 2. On developments larger than four acres, the maximum building size shall be 25,000 square feet. 3. A group of two or more buildings that share at least one contiguous wall will be considered as one building. B. Orientation 1. All buildings shall be oriented to a public street. An entrance to a building should be located on the side of the building facing a public street. 2. Driveways shall be perpendicular to the street. C. Setbacks 1. For all property and lots located adjacent to public rights- of-way and from 0 to 400 feet from an intersection, buildings shall be set back no more than twenty (20) feet from the edge of the required landscape strip and/or easements. This twenty (20) foot front yard area may be developed with a combination of landscape and hard- scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. Buildings shall have varying setbacks to create the informal crossroads community setting. 2. For all property and lots located adjacent to public rights- of-way and 400 feet or more beyond an intersection, buildings shall be set back no more than thirty (30) feet from the edge of the required landscape strip and/or easements. This thirty (30) foot front yard area may be developed with a combination of landscaping and hard- scape elements, such as plazas, fountains, benches, and tables. Additional shade tree plantings are encouraged within public gathering places and alongside pedestrian paths. Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 10 3/29/2007 3. Buildings within a development shall have a 20 foot separation between buildings. This are shall be developed as greenspace or with a combination of hardscape and landscaping. 4. In the case where a building(s) in a development can not front a public street and meet the requirements of this article because other buildings are located there and no more space is available along the public street, then the building(s) can front on an internal street in the development. The standards in this article that specify a building’s position and relation to the street are also required for a building(s) fronting on an internal street. The internal streets will also have to meet the standards specified for the public right-of-way, including landscape and streetscape requirements. D. Height 1. There shall be a maximum height limit of two stories with the maximum height 30 feet from average-finished grade to the bottom of the roof eave. E. Scale 1. For every eighty feet of building length on a single face, there shall be variation in the exterior. This exterior variation shall be accomplished through the following means: a. For each eighty feet of building exterior wall, the building exterior and roof shall be offset by a minimum of ten feet. Overhangs and roof lines shall follow the building’s location. b. For each 80 feet of building exterior wall, there shall be a change in details, or patterns or materials. F. Parking 1. Parking shall be shared among users within a common development. Parking shall be reduced according to the shared parking standards established in Article 18.2.2 of the Milton Zoning Ordinance. Additional reduction in the number of parking spaces is encouraged. Formatted: Highlight Formatted: Highlight Deleted: Fulton County Deleted: Resolution Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 11 3/29/2007 2. All parking spaces built, which exceed the minimum number required by the Milton Zoning Ordinance, shall be constructed of pervious material. 3. No on site parking shall be located to the front of a building and/or between a building and the public right-of-way (see article 12H.3.2.B regarding landscaping if parking is in view from the right-of-way). Parking shall be located adjacent to internal streets, not a public right-of-way. 4. If an internal street is developed for use by the general public, one row of parallel or diagonal parking is allowed between the street and the curb. 12H.3.6. Building and Other Structure Design. Construction of buildings in styles and types not found in Northwest Fulton shall be avoided. Modern style using traditional elements and the reinterpretation of a style rather than the mimicking of a style is encouraged. Exaggerated or excessively large or small architectural elements should be avoided. Elements should be in proportion with the overall building. In addition, buildings should reflect a specific style and not mix elements of different styles. The design and architectural elements of the buildings should be compatible to those of the area. In Northwest Fulton, commercial buildings are built at the intersections of two major roads in a pattern of rural development called “crossroads communities.” Residences are constructed at the edge of these crossroads communities. The Overlay District seeks to replicate this pattern by having future non-residential construction, built within 400 feet from the edge of right-of-way of an intersection, include elements of the historic commercial buildings, and nonresidential buildings, constructed over 400 feet from the edge of right-of-way of an intersection, include elements of the historic residential buildings. A. Building Design 1. All non-single family buildings constructed within 400 feet from the edge of right-of-way of an intersection of two public roads, shall be designed in accordance with the predominant commercial building types (see Attachment B). 2. All non-single family buildings constructed over 400 feet from the edge of right-of-way of an intersection of two public roads, shall be designed in accordance with the predominant residential building types (see Attachment B). B. Building Material: 1. Exterior wall materials shall consist predominately (a minimum of Formatted: Highlight Formatted: Highlight Deleted: Fulton County Deleted: Resolution Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 12 3/29/2007 80%) of one or a combination of the following materials: horizontal clapboard siding; brick; and stone. Vertical clapboard is permitted on buildings built to look like barns. The brick shall be hand molded or tumbled to create the appearance of old brick. 2. Accent wall material (no more than 20%) may include glass, architecturally treated , precast stone. All shall have a natural appearance and/or a historic appearance. 3. Prohibited exterior building materials are: metal panel systems, ascast smooth concrete masonry or plain, reinforced concrete slabs, aluminum or vinyl siding, plywood, mirrored glass, press-wood or corrugated steel (exceptions: mechanical penthouses & roof screens). C. Roof: 1. Permissible roofs types are gable, pyramidal, and hip. Shed roofs are permitted over porches, additions, and accessory structures. Roof pitches shall be 8 over 12 to 12 over 12. 2. Roof material shall be made out of the following materials: asphalt shingle, wood shingle, wood shake, or standing seam metal. 3. Buildings with a minimum gross square footage of 15,000 square feet are allowed to have a lower pitched roof if they meet all of the following standards: a. A decorative parapet or cornice is constructed along all roof lines with a lower pitch than specified in Section 12H.3.6.C (1). b. Roof top equipment is screened from public view from all adjacent public streets. 4. Mansard roofs are not permitted. D. Windows: 1. Buildings shall have a ratio of openings (e.g., windows and doors) to solids which ranges from no less than 30 percent to no greater than 50 percent of the building exterior. 2. For wall sections greater than ten (10) feet wide: a. No one window shall exceed 32 square feet. No grouping of window shall exceed 100 square feet. Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 13 3/29/2007 b. Windows on the side of the building with the principal or main entrance shall have a maximum distance between windows not to exceed one window width. c. Windows on the building side and rear may have window spacing up to two window widths apart. d. Window sills shall be placed a minimum of two feet above finished grade. 3. A minimum of 80 percent of windows on each exterior wall shall have a vertical orientation. The ratio of height to width of vertical windows shall be no less than 1.8 (height) to 1 (width). 4. Window types shall include one or a combination of the following types: double-hung sash window with 2/1, 3/1, 2/2, 4/4, 6/6, and 9/9 lights, casement windows and fixed windows. The upper sash of all windows shall have divided lights. Clip-ins are allowed. 5. If located on a corner lot, all of the exterior building walls facing a public street shall continue the same window arrangements as the side with the principal entrance. 6. If windows are paired or grouped in larger numbers, windows shall have divided lights of 2/1 or more. E. Doors: 1. Allowed doors used as entryways by the public include: a. Wood or simulated solid wood door with raised panels b. Wood or simulated wood door with raised panels on the bottom half and glass on the top half c. Glass door with divided lights 2. Flush panel doors are prohibited as exterior doors. F. Architectural Features: Architectural details are encouraged to create variety, visual interest, and texture on new buildings. 1. Articulated building entryways are typical of building types Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 14 3/29/2007 throughout the district. Therefore main entrances shall have greater architectural details by including a minimum of two of the following elements: a. Decorative columns or posts b. Pediments c. Arches d. Brackets e. Transoms over doorways f. Sidelights g. Porticos h. Recesses/projections 2. If used, shutters shall be operable and fit the size of the window. 3. If roof dormers are present and they have windows, then the windows shall be glazed. Dormers are not a common element and should be used minimally. G. Accessory structures: 1. Out-parcel buildings, accessory structures, fences and walls shall have architectural features and exterior materials consistent with the principal building(s). H. The following building components shall be prohibited if visible from public street: steel gates, burglar bars, chain link fence, steel roll down curtains. If not visible from any public street, such treatments are allowed 12H.3.8. Building Colors. All aspects of a development should use colors common in the area and in nature. Earth-toned, subtle and muted colors provide for a development that incorporates sensitivity to its natural surrounding. A. Paint colors shall be chosen from the range of traditional colors present in the area. Inappropriate high intensity colors shall be avoided. B. Acceptable colors are listed in Attachment A. Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 15 3/29/2007 12H.3.8.1 Sign Structure Colors. A. All colors when applied to a neutral background using the pallet in Attachment C will be acceptable. Colors used for corporate identity or graphics shall not exceed over 30% of the total signage area, thereby leaving 70% of the total sign area to remain in the neutral background color. B. Acceptable colors are listed in Attachment A. 12H.3.9. Graffiti. Graffiti defacing the facade of any building, sign, path, accessory structure, wall, fence or other site element is prohibited. 12H.3.10. Towers and Antennas. Antenna, tower and associated structures should blend in with their surrounding as much as possible. A. Antennas and towers shall be as far away from the right of way as possible or be located next to established tree plantings. B. Antennas, towers and accessory structures shall be a dark matt non-reflective color such as dark gray. C. Antennas, towers and accessory structures shall have no lights other than those required by the Federal Aviation Administration. D. The landscape buffer around the antennas, towers and accessory structure shall be natural and informal by having an irregular shape. E. The plantings in the landscape buffer shall obscure any accessory structures within one year of planting. F. In the landscape buffer, a mix of three species of trees acceptable to the Milton Arborist should be planted. In the mix of trees one should be evergreen, one deciduous and one seasonal or perennial. G. Fence openings shall be out of view from the public right-of-way. H. Where appropriate, towers should be camouflaged. 12H.4. SEVERABILITY. In the event that any section, subsection, sentence, clause or phrase of this Article shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force and effect, as if the section, subsection, sentence, Formatted: Highlight Formatted: Highlight Deleted: Fulton County arborist Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 16 3/29/2007 clause, or phrase so declared or adjudged invalid or unconstitutional were not originally a part thereof. 12H.5. APPEALS. Any persons aggrieved by a final decision of the Department of Community Development relating to this Article may appeal from such final decision to the Board of Zoning Appeals by filing in writing setting forth plainly, fully and distinctly why the final decision is contrary to law per Section 22.4 et seq. of the City of Milton Zoning Ordinance. Such appeal shall be filed within 30 days after the final decision of the Department is rendered. 12H.6. EFFECTIVE DATE. Applications for building permits, land disturbance permits, and sign permits filed on or after the day of adoption of this Ordinance shall meet the standards of this Overlay District. 12H.7. ADOPTION. NOW, THEREFORE BE IT RESOLVED, the City of Milton Mayor and City Council does hereby ordain, resolve, and enact the foregoing Article XIIH to the City of Milton Zoning Ordinance. Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: Fulton County Zoning ResolutionOrdinance Deleted: resolution Deleted: Fulton County Board of Commissioners Deleted: Zoning ResolutionOrdinance of Fulton County Deleted: , Georgia Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 17 3/29/2007 Attachment A Acceptable Building Material and Sign Color Palette A. Colors apply to building materials, architectural and decorative elements, and sign structure. B. The numbers refer to Pantone Matching System, an international color matching system. The PMS Color Guide can be matched using a variety of methods: - Modern Digital Scanning/Color Interpretation - Cross referencing Paint Manufacturers Formulas - Visual comparison matching 3. Colors have been chosen not only by what is found architecturally in the Northwest Fulton area historically but also what is seen in nature and in the surrounding environment. These interpretations seek to avoid “primary” color values in favor of “muted” and “subtle” colors. 4. Any brand of paint can be used. The reference to certain paint brands is simply to illustrate the appropriate colors. Whites Acceptable “whites” are described as subtle shades or tints of white, including “neutral”, “antique”, “taupe”, or “sandstone”. Quarter-tones Quarter tones are one-quarter the strength of a full color. It provides a softer transition between colors. Mid-tones Half-way between light and dark. Shadow-tones Dark colors are fully pigmented and offer rich colors for darker accenting without relying on basic browns, blacks, and grays. Color Chart Manufacturer: PMS, Porter Brand (P), Duron (D), Name: Color tile No. Reference Number Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 18 3/29/2007 Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s) Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 19 3/29/2007 Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 20 3/29/2007 Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 21 3/29/2007 Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 22 3/29/2007 ATTACHMENT B Characteristics of Northwest Fulton Crossroads Communities The Northwest Fulton Overlay is based on the overall setting and characteristics of the rural crossroads communities in Northwest Fulton. In order to determine their qualities, a visual survey was conducted of Crabapple and Birmingham as well as commercial buildings in Hopewell and Arnold Mill, the main crossroads communities in Northwest Fulton. Commercial development in Northwest Fulton has been historically located in the crossroads communities that developed at the intersection of two or more roads. In these communities, commercial uses are close to the intersection, with institutional uses, such as churches and schools, next to them and residential uses extending along the roads. Large tracts of agricultural land, with rural vistas and views, border the residential areas. These crossroads communities maintain their historic integrity as well as their informal character, rural atmosphere and charm. Generally, the commercial buildings at the crossroads are oriented to the street, are close to the street and have varying setbacks (from zero to twenty feet). Buildings are grouped informally and asymmetrically to each other to form a village atmosphere. Parking is located to the side or to the rear. Landscapes and the space between the buildings are informal, asymmetrical, rural and picturesque. They avoid modern day styles that emphasize ordered plantings, over planting and often geometric placement. Informality of place provides for human scale, comfort and a welcoming atmosphere. The setting, the buildings’ design and architectural details are elements that maintain the value of the communities and contribute to the sense of place of Northwest Fulton. More than being a place for commerce, they provide the sense of identity, ownership, community and evolution. Many of the commercial buildings were built from the late 1800's to the late 1930's in various types and style and have a rural and agrarian character. The buildings are generally small, one story with a square or rectangular foot print. Buildings are in scale and in proportion to each other. The principal building materials are brick and clapboard siding, however, stone is also used. The roofs are gable or hip and are made out of standing seam metal or asphalt shingles. Many of these also have a small recessed porch. Several window types are present including, double-hung sash, casement, fixed and fixed with an arch. In the double-hung sash windows, the sashes are divided into 6 lights over 6, 4/4 and 2/2. The windows are in proportion to the building and most have a vertical orientation. The doors are usually wood paneled doors with glass in the upper half. The entryways and main facades are more articulated that the rest of the buildings. This is achieved by recessing the entrance or flanking the door with sidelights and transom lights. The buildings have limited stylistic elements. Some of the features that are present include: round and square columns, frieze board, exposed rafter ends, and triangle gable braces. Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 23 3/29/2007 Crossroads communities blend with their surroundings and thus avoid abrupt beginnings and endings. Commercial buildings transition into smaller residential buildings. Uses also transition down from commercial to office and then to residential. Many residential buildings that extend along the roads are now being used for retail and office. These residential areas also share similar characteristics: they are one-story, oriented to the street, often a walkway leads from the street to the front door or from the driveway to the front door, and the driveway is perpendicular to the street. Parking is to the side or the rear. The buildings are set back ten to forty feet from the sidewalk. In addition, wood fences, retaining walls and hedges often define the boundaries of the property. The houses themselves also have similar characteristics. The principal building material is wood clapboard siding and some are made out of stone. The common roof forms are gable, cross gable and hip and are made out of standing seam metal or asphalt shingles. The houses are raised on a foundation. Most of these also have a front or wrap around porch. The majority of the windows are double-hung sash with the sashes divided into 6 lights over 6, 3/1 9/9, 1/1 and 2/2. Some have sidelights and transom lights around the front door and fixed arched windows. Several house types are present, including: hall parlor, double pen, central hallway, gable ell cottage, new south cottage, Georgian cottage, bungalow and side gable cottage. House type refers to the height of the house as well as the general layout of the interior rooms. A description and layout of each is included in Attachment B. Many of these houses do not have a high style but rather have a vernacular interpretation of a style. Style refers to the external ornamentation and the overall form of the house. In many cases style elements are associated with a certain house type. For instance, craftsman elements are present in bungalow type houses. The architectural features present in these houses, by style, are listed below and are discussed in Attachment B. Greek Revival: frieze board, round columns, Doric columns, flute columns, gable returns, corner pilasters, dentil molding, pedimented gable. Queen Anne and Folk Victorian: decorative cut shingles, verge board, turned posts, ionic columns, porch with turned balusters, frieze board. Craftsman: wood or brick battered columns on brick or stone piers, exposed rafter ends, overhanging eaves, gable braces, frieze board, gable returns. A REVISED MAP TO REFLECT THE NW OVER LAY WILL REPLACE CURRENT MAP- STAFF COMMENT Formatted: Highlight Deleted: Deleted: Monument and wall signs are the most common type of signs. Monument signs are indirectly illuminated rather than having interior illumination. The sign face is made out of wood. The height ranges from four to seven feet. Wall signs are predominantly made out of wood. They are placed on buildings or hang perpendicular to buildings. These signs are indirectly lit as well.¶ ¶ Deleted: Deleted: 3/28/2007 P.C. Meeting 3/22/07 edits in Yellow Staff edits in blue 24 3/29/2007 Deleted: 3/28/2007 Page 1: [1] Deleted robyn.macdonald 3/14/2007 6:17:00 PM in a geographic area bounded as follows: in North Fulton County, beginning at the common boundary of Fulton, Cherokee and Forsyth counties; then proceeding southerly along the Fulton County-Forsyth County border to a point 1000 feet north-northwest of the north-northwest right-of-way line of State Route 9 (Cumming Highway); then proceeding westerly and southerly along a line 1000 feet outside of the northerly and westerly right-of-way of State Route 9 to the point where said line intersects the common boundary of unincorporated Fulton County and the City of Alpharetta; then proceeding westerly along the common boundary of unincorporated Fulton County and the City of Alpharetta; then proceeding south on Broadwell Road and including all of the unincorporated area between the City limits of Alpharetta, generally the area on either side of Rucker Road; then proceeding north on Broadwell Road along the common boundary of unincorporated Fulton County and the City of Alpharetta to a point on the northerly right-of-way of Crabapple Road; then proceeding westerly along the right-of-way of Green Road; then proceeding southwesterly across State Route 140 to a point that is 1000 feet southwest of the southwest right-of-way of State Route 140 (Arnold Mill Road); then proceeding northwesterly along a line 1000 feet southwest of the southwest right-of- way of State Route 140 to a point on the common boundary of Fulton County and Cherokee County; then proceeding northeasterly, northerly and easterly along the common boundary of Fulton County and Cherokee County to the point of beginning. If a portion of a parcel lies within the boundary of the Northwest Fulton Overlay, then the entire parcel shall comply with the regulations. (See attached map) Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 1 3/29/2007 ARTICLE XII-H(1) Crabapple Crossroads of the Northwest Fulton Overlay District AN ORDINANCE TO ADD ARTICLE XII-H(1) TO THE ZONING ORDINANCE OF THE CITY OF MILTON GEORGIA; TO DELINEATE THE CRABAPPLE CROSSROADS WITHIN THE NORTHWEST FULTON OVERLAY DISTRICT ; AND TO ESTABLISH STANDARDS FOR THE CRABAPPLE CROSSROADS. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF MILTON , GEORGIA. 12H(1).1. PURPOSE AND INTENT. The Mayor and City Council of the City of Milton, Georgia hereby declares the purpose and intent of this Ordinance to be as follows: To implement the Crabapple Crossroads Plan of June 4, 2003 and to regulate development in such a way that it will be consistent with the Crabapple Crossroads Plan of June 4, 2003 and with Crabapple’s character. To promote the public health, safety, welfare, history and education by ensuring architectural integrity in the Crabapple area and by preserving the cultural heritage of the Crabapple area. To implement and to provide opportunities for mixed-use development which promote the live work concept and are comprised of commercial, office, institutional, and residential uses that are compatible with Crabapple’s historic and rural village oriented development. To preserve and to ensure the harmony and compatibility of the character of Crabapple by ensuring that building and site design are human in scale. To provide design standards against which plans will be judged for harmony, compatibility and appropriateness as developed based on Crabapple’s historic rural character. To protect 20% of the Crabapple Crossroads as open space. To protect 10% of each project/development as openspace. To encourage open space in areas identified in the Crabapple Crossroads Plan. To provide open space that is usable, accessible and lessens the visual impact of development. To develop an interconnected transportation network and to implement a pedestrian-oriented core surrounded by residential uses at its perimeter. Formatted: Highlight Formatted: Highlight Formatted: Highlight Deleted: ADOPTED BY THE BOARD OF COMMISSIONERS ON MARCH 3, 2004¶ Deleted: RESOLUTIONORDINANCE Deleted: RESOLUTIONORDINANCE Deleted: FULTON COUNTY Deleted: , Deleted: Deleted: IN UNINCORPORATED NORTH FULTON COUNTY Deleted: BOARD OF COMMISSIONERS OF FULTON COUNTY Deleted: Board of Commissioners of Fulton County Deleted: Resolution Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 2 3/29/2007 To increase transportation modes, to improve mobility, and to improve pedestrian circulation by planning and promoting pedestrian oriented developments. To preserve and promote rehabilitation of Crabapple’s historic resources and ensure that existing design characteristics of Crabapple are incorporated into the design standards and that new construction is compatible and complementary with the architectural characteristics of historic resources. To ensure that new construction is compatible and sensitive with Crabapple’s existing character including the spatial relationships between buildings, proportion, scale, design, placement, position and architectural qualities and that a building’s architectural elements are carried out in all four elevations. To ensure that the design of all buildings is compatible with the scale, design, style, placement, position, uniqueness, historic building elements architectural detailing, variation in building massing, visual variety, and street-orientation of buildings in Crabapple, and with planning policies and goals of the Crabapple Crossroads Plan of June 4, 2003. To preserve Crabapple’s historic development pattern that is characterized primarily by single-family residences and neighborhood commercial buildings, many of which were constructed between the late1800s and early 1900s. To encourage a variety of housing choices in Crabapple through the construction of a diverse housing stock. To promote uses that encourage walking, neighborhood businesses as identified in the Crabapple Plan and retail uses that promote the village character. To maintain Crabapple’s existing topography, mature vegetation and natural resources and to minimize severe changes that would impact Crabapple’s established visual character. 12H(1).2. CRABAPPLE CROSSROADS REGULATIONS. The Crabapple Crossroads is section of the Northwest Fulton Overlay District that applies to all parcels in the Crabapple Crossroads Plan of June 4, 2003. The boundary of Crabapple Crossroads section of the overlay shall include all parcels within the map below. The Crabapple Crossroads section of the overlay, approximately 511 acres in 119 parcels, contains the historic mixed-use center of Crabapple and land surrounding it. It is bounded in part by the following subdivisions: Kensington Farms to the north, Waterside to the west, Crabapple Chase and Arbor North to the southwest, Westminster at Crabapple to the south and Mid-Broadwell Trace and St. Michelle to the east. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 3 3/29/2007 The center of the Crabapple community is at the intersections of Crabapple Road, Birmingham Highway, Mid-Broadwell Road, Mayfield Road and Broadwell Road. STAFF WILL REPLACE WITH CORRECTED MAP If standards are not specified in the Northwest Fulton Overlay District, then the City of Milton Zoning Ordinance shall apply. If standards are not specified in the Crabapple Crossroads Section, then standards of the Northwest Fulton Overlay District shall apply. Whenever provisions of this Article conflict with the City of Milton Zoning Ordinance or any other City of Milton ordinances, or regulations, these standards shall prevail. 12H(1).3 DESIGN REVIEW BOARD. The City of Milton Overlay District Design Review Board, as set forth in Section 12H.2. of this ordinance, shall review all plans for development except detached single family residential in Crabapple Crossroads for compliance with the standards herein and shall make recommendations to the Department of Community Development prior to the approval of a Land Disturbance Permit, Building Permit, or Primary Variance. Formatted: Highlight Formatted: Highlight Deleted: Fulton¶ County Zoning ResolutionOrdinance Deleted: any other Article in the Zoning¶ Resolution of Fulton County Deleted: Fulton County Deleted: , Deleted: or¶ resolutions, Deleted: Northwest Fulton Deleted: ¶ Deleted: Deleted: ¶ Deleted: ¶ Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 4 3/29/2007 12H(1).4. DEVELOPMENT STANDARDS. A. Site Design 1. On site creeks should be integrated into the site as amenities. 2. New construction shall conform to the existing topography as much as possible subject to approval by the Manager of the Community Development Department. 3. Building shall be avoided on sites with slopes greater than 25%. 4. Where retaining walls are required, they shall be faced with indigenous rock or brick. Use of landscape timber as exterior treatment in retaining walls is prohibited. Retaining walls above 5 feet shall have evergreen plantings in front or as approved by Community Development Manager. 5. Detention facilities shall be designed pursuant to the Alternative Design Standards described in the Milton 2005 Subdivision Regulations. 6. Design shall follow the natural landforms around the perimeter of the basin. Side slopes of basins shall not exceed one-foot vertical for every four foot horizontal. B. Streets Notwithstanding the provisions of the Milton Subdivision Regulations and requirements of the City of Milton Transportation Engineer, new streets within the Crabapple area shall conform to the design standards and location criteria set forth below. When these standards conflict with the Georgia State Department of Transportation, the State’s standards may prevail. The Crabapple Plan calls for three types of streets to create an enhanced road network. Each street type has on-street parking (optional on Neighborhood Streets-Type C), landscape strips, sidewalks and setback standards. Formatted: Highlight Formatted: Highlight Deleted: Fulton County Deleted: Fulton County Deleted: ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ ¶ Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 5 3/29/2007 1. Village Main Street (Type A): Mayfield Road and Crabapple Road are designated as Village Main Streets. The Village Main streetscape standards are: a. Minimum Landscape Strip: 8 feet b. Minimum Sidewalk width: 8 feet c. Building setback: 0 to 10 feet maximum d. On street parking: To be located in Village Mixed Use and Village Office/Residential land uses, optional in other land uses. Bulb-outs to be located at the intersections in Village Mixed Use and Village Office/Residential. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 6 3/29/2007 2. The Village Secondary Street (Type B) Birmingham Highway and Broadwell Road and around the mixed-use area and the schools are designated as Village Secondary Streets. Village Secondary Street (Type B) streetscape standards are: a. Minimum Landscape Strip: 7 feet b. Minimum Sidewalk Width: 5 feet c. Building Setback: 10 to 20 feet maximum d. On Street Parking: along Village Mixed Use and Village Office/Residential land uses, but optional in other land uses. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 7 3/29/2007 3. The Neighborhood Streets streetscape (Type C) All residential streets are designated as Neighborhood Streets. In Village Mixed Use, Village/Office Residential and Sub Village Residential A, the Neighborhood Streets streetscape (Type C) standards are: a. Maximum design speed: 25 miles per hour b. Minimum Landscape Strip: 7 feet with curb and gutter and 10 feet with swales c. Minimum Sidewalk Width: 5 feet d. Maximum Building Setback: See table in Residential section e. On Street Parking: Optional In all other Residential and agricultural land uses, the Neighborhood Streets streetscape (Type C) standards are: f. Maximum design speed: 25 miles per hour g. Minimum Landscape Strip: 10 feet swales h. Minimum Sidewalk Width: 5 feet i. Maximum Building Setback: See table in Residential section or as determined by the Community Development Manager. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 8 3/29/2007 j. Swales shall have a slope of 2% or less. k. Trees shall not be planted in the center line of water flow. l. Red Maple, river birch, willow, and birch cypress are recommended for planting in swales or other trees as recommended by the Milton arborist. C. Landscaping and Buffers 1. A minimum 6-foot wide landscape strip between the road the sidewalk is required along Mayfield Road and Crabapple Road. 2. A minimum 5-foot wide landscape strip between the road the sidewalk is required along Birmingham Highway and Broadwell Road around the mixed use area and the schools. 3. A minimum 5-foot wide landscape strip with curb and gutter between the road the sidewalk is required for all new residential streets for Village Mixed Use, Village Office Residential and Sub Village Residential A. A 10-foot wide landscape strip with swale is required for all new residential streets in the other Residential land uses. 4. Specimen trees should be preserved to the extent possible. 5. Street trees in the landscape strips shall be planted in asymmetrical groupings at a minimum density of one tree per 30 feet of street frontage. Trees shall be selected from the Milton Tree Preservation Ordinance and Administrative Guidelines. 6. Street trees may be counted towards the required tree density for a site as approved by the City of Milton Arborist 7. Trees shall be trimmed up to 7 feet or not impede pedestrians. 8. Street lights and pedestrian lights may be placed in the landscape strip as Long as long as they don’t interfere with future tree growth. 9. Additional landscaping elements of trees, shrubs, grass and ground cover may be provided in building setbacks. Formatted: Highlight Formatted: Highlight Deleted: Fulton County Deleted: Fulton County Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 9 3/29/2007 10. Parking lots shall include landscape islands per the Zoning Ordinance of City of Milton and the Milton Tree Ordinance 11. Buffers: Parcels at the periphery of the Crabapple Crossroads shall have a 25 foot buffer and 25 ft building setback to provide a transition between the parcels in the Crabapple Crossroads and those outside of it. D. Sidewalks and Pedestrian Paths 1. Sidewalks are required along all public and private road frontages and should be offset as specified in section 12H(1)4.B. Meandering sidewalks around existing trees is subject to the approval of the City of Milton Arborist. 2. Sidewalk materials shall be continuous across the entire length of all driveways. The driveway shall match the appearance of sidewalk materials, in color, texture and design. 3. Design and materials of sidewalks along the existing roads (Crabapple Road, Birmingham Hwy., Mayfield Road, Mid-Broadwell Road and Broadwell Road) to be determined by the Public Works Crabapple Streetscape Project. 4. Sidewalks for all new projects shall connect with existing sidewalks and paths. 5. Pedestrian paths shall be designed to minimize automobile and pedestrian interaction. In Village Mixed Use and Village Office/Residential land use, clear pedestrian paths between buildings, sidewalks and parking lots shall be established with minimal interruption of pedestrian paths by vehicular circulation, parking lots, and service areas. 6. Pedestrian paths shall connect residential development, open space, institutional uses and nonresidential developments as reviewed by the Community Development Department. E. Streetscape Lighting and Street Furniture 1. The lighting plan for sidewalks shall be included on the site plan submitted at the time of application for a Land Disturbance Permit. Lighting shall also be shown on the landscaping plan. Future mature growth vegetation shall not conflict with proposed lighting. Formatted: Highlight Formatted: Highlight Deleted: Fulton County Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 10 3/29/2007 2. Street lighting and pedestrian lighting shall meet the Crabapple Streetscape standards. 3. Developments in the Village Mixed Use and Village Office/Residential shall include street lighting and pedestrian lighting in the streetscape. 4. If provided, street furniture shall be located outside of the minimum sidewalk width of 5 ft. If installed, benches and trash containers shall be selected from the Crabapple Streetscape standards. 5. Hardscape elements such as wider sidewalks plazas, street furniture such as benches, fountains, tables and chairs, and trash receptacles may be located in the required front yard and side corner yard setbacks. 6. Awnings can project over sidewalks. F. Block Size and Block length 1. Land shall be subdivided into block sizes that range from 2 to 10 acres. Blocks with a mix of uses should be 2 to 5 acres. 2. Each side of residential blocks shall not exceed 660 feet in length. 3. Each side of Village Mixed Use and Village Office/Residential blocks shall not exceed 400 feet in length. 4. Double frontage lots are not allowed. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 11 3/29/2007 5. New streets should not be created which require rear yards of new buildings nor opaque fencing to face an existing public right of way (except alleys). G. Colors All buildings shall meet these color standards. All exterior building materials, architectural and decorative elements, and sign structure colors must be selected from the list provided. The numbers refer to Pantone Matching System, an international color matching system. All shades of whites and off whites shall be allowed. Permitted Colors Base Colors – Primary Building material Pantone Colors Accent Colors – allowed for architectural elements, roof, accents, awnings, structure Pantone Colors 120C 1205C 160C 1815C 2915 400C 406C 404C 410C 413C 420C 421-422C 435C 4495C 450C 452C 4525C 4535C 4535U 4545C 454C 4545C 466 C&U 4645 468C&U 4685C 4715C 482U 483C 490C 5455C 5477C 549U 5773C 5787U 5793U 5803U 5807U 5855U 5875U 607 608 623U 726 Warm Grey 1-4 1807C 2C-7C 289C 316C 401-405C 407-412C 412C 415-419C 423C 424-425C 448-450C 4485U 4495C 451C 4504C 4515-4525C 455C 462U 464U 476U 478U 484C 491C 4975 553 5363 539 548 5467 5743U 5747U 5757U 5773U 5815U 5835U 625U 627U Warm Grey 5-7C Warm Grey 8-11 H. Open Space 1. Each development shall indicate 10% of the site as open space. The Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 12 3/29/2007 openspace can include environmentally sensitive areas, streams and stream buffers, multi-use paths, pocket parks and public parks. In the portions of the study area in the Chattahoochee River basin (i.e the sewered portions of the study area) a maximum 50% of the required open space shall be environmentally sensitive areas, streams, stream buffers. 2. The open space shall be accessible for pedestrian use and usable. It shall not include any portion of lots nor required landscaping and setbacks. 3. To the extent possible, new development projects should provide access to the three parks which are identified in the Crabapple Crossroads Plan of 2003. The open space should be located adjacent to and connected with these three parks: along the two streams in the NW quadrant, along the City of Alpharetta lake in the SW quadrant and along the lake on Mayfield Road in the NE quadrant. In addition, open space with paths is encouraged. 12H(1).5. COMMERCIAL, OFFICE and INSTITUTIONAL DEVELOPMENT STANDARDS. All nonresidential standards apply to renovation existing and construction of new structures, used for non-residential purposes, within the area defined within the document. A. Driveways and Parking for Nonresidential Uses 1. Driveway access to non-residential buildings should be located at the side or rear of the principal structure. 2. In commercial areas, inter-parcel access and shared driveways are required to minimize curb cuts and improve street traffic flow. 3. Parking and driveways shall be made out of gravel, concrete or pavers. Stamped and/or colored concrete surfaces shall also be acceptable surface treatments. Asphalt shall not be allowed. 4. Any parking over the amount required by the City of Milton Zoning Ordinance shall be surfaced with gravel or grass pavers. 5. Parking may be shared pursuant Article 18 of the City of Milton Zoning Ordinance. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 13 3/29/2007 6. On-street parking can be counted as part of the minimum number of required parking spaces. 7. In the mixed use and office/residential land use areas and on Type A Village Main Streets and Type B Village Main Streets, streetscape bulb-outs shall be located at all intersections and to the extent possible one bulb out shall be required for every five on-street parking spaces. Location, design and plantings in the bulb-outs are subject to the approval of the City of Milton Community Services Department. B. Non-Residential Building Design 1. The building façade facing a public right of way shall have exterior building wall offsets, including projections, recesses every 40 feet in order to add variety. 2. Pitched roofline offsets shall be provided every 40 feet to relieve the effect of a single roof and to add variety. 3. Appropriate and safe view angles and pedestrian crossings at exits and entrances should be provided. 4. Corner building facades shall be parallel with the street (see illustration). Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 14 3/29/2007 5. The buildings materials and design applied to the façade, shall continue with the same proportion on all other exterior elevations of the building. This proportion shall be calculated on a per side basis. 6. Architectural accent material may include hard coat stucco. 7. The permissible roof types are gable, pyramidal, and hip as well as flat roof. A minimum four foot parapet wall on all four sides or sufficiently high enough to screen roof mounted equipment from views from the right-ofway, shall be required. Shed roofs are permitted over porches, additions, and accessory structures. 8. There shall be no pitch requirement for a roof. 9. Window standards are as follows: a. Sash windows shall have divided lights. b. Muntins and mullions shall be true divided lights or simulated divided lights with muntins integral to the sash and permanently affixed to the exterior face of glass. c. The scale of the window and doors should be appropriate to the wall in which it is placed. The front façade shall have windows and door openings to consist of a minimum of 20% of the size of the front façade. The other elevations shall have window and door openings to consist of a minimum of 15% of the size of the corresponding elevation. Windows shall be provided on each floor. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 15 3/29/2007 d. No window shall exceed 32 square feet and no grouping shall exceed 100 square feet. Metal mullions are prohibited. e. Windows in elevations facing a public right of way shall be predominantly vertical in orientation. Store front type windows are allowed on the front façade. f. Window sills shall be placed a minimum of two feet above finished grade. g. Window frames on front facades shall not be metal. 10. Exterior machines, for the purpose of vending and dispending prohibited. 11. Propane tanks and other gas tanks and their storage containers shall be either screened and located on the side or rear or as directed by the Fire Marshall so that items cannot be seen from the street. 12H(1).6. RESIDENTIAL STANDARDS. A. Applicability The Crabapple Crossroads Residential Standards shall apply to townhomes and multi-family residential properties and structures. However building setbacks and frontage requirements shall apply to all residential uses. B. Residential Site Requirements 1. The required lot frontage and building setbacks are as follows: Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 16 3/29/2007 2. Building separations shall be subject to the requirements of the Standard Building Code and the Life Safety Code. C. Driveways 1. Turnarounds and permanent off-street parking are not permitted between the principal structure and a public street. 2. No more than one driveway shall be allowed per single family residence. 3. A driveway serving a single residential unit shall not exceed 12 feet in width up to the front façade of a house, including the flare at the street. 4. Driveways shall be gravel, concrete or pavers. Asphalt driveways are prohibited. 5. Driveways shall be located at least 5 ft from a parcel line. D. Building Orientation 1. The front façade, front porches, and front doors of the principal residential structure shall face and be parallel to the street. 2. There shall be no double frontage lots (except for private alleys). 3. Duplex units shall be located side by side or above and below facing a public street. Duplexes shall not be of a front/back configuration. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 17 3/29/2007 E. Garages 1. Garages shall not extend beyond the front façade or primary building line of the residential structure. Garage entrances are prohibited on the front façade of the residential structure (see exemption in item 3 below). 2. Garages can be located in the rear or the side of the residential structure. Garages can be located in the rear of the lot and house (either attached or detached) accessed from an alley or in the rear of the house and lot (either attached or detached) accessed from a side drive. 3. Garages can be located to the side of the house with a front garage entrance set back at least half the distance of the depth of the house. 4. The garage can be flush with the front façade of the house with the entrance on the side elevation as long as the garage feature is undistinguishable from the front elevation. F. Fences and Walls 1. Fences shall be constructed of brick, stone, ornamental iron, wood pickets or wood boards or a combination thereof. 2. Fences not exceeding four feet in height may be erected in the front yard and along the right-of-way. 3. Fences along any right of way shall not be opaque. 4. Fences and walls not exceeding six feet in height may be erected in the rear and side yards. Six feet high side yard fences shall start half way back the depth of the house. 5. Access to alley ways may be fenced and entry controlled via a gate(s). Gates shall not be opaque. 6. In the event of the construction of a conventional detention facility, exterior portions of concrete retention ponds shall be faced with stone of brick. 7. Chain link fences are prohibited, except as required along detention/retention ponds and along recreational facilities. Chain link fences shall be black clad in vinyl and be screened with a 20 ft landscape strip, planted at buffer standards. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 18 3/29/2007 8. Other than retaining walls, walls shall not be erected in the front yard or in yards adjacent to a public street. Retaining walls shall be faced with stone or brick. G. Accessory Structures 1. Permanent accessory structures larger than 150 square feet, including detached garages, shall be built of similar exterior buildings materials as the principal structure and shall be located in the rear yard. 2. All mechanical equipment visible from a public street shall be screened with vegetation and/or fence materials. If it is a corner lot, then is shall be screened from the front view from both street frontages. 3. Private recreation and amenity areas (with the exception of paths) shall be placed internal to a development and shall not have frontage on Mayfield Road, Birmingham Hwy, Crabapple Road, Broadwell Road nor Mid- Broadwell Road. H. Residential Building Design 1. The building façade facing a public right of way shall have building wall offsets, including projections, recesses to be used every 40 feet in order to add variety. 2. Townhome developments shall not contain more than 5 connected units in a single building massing. Each townhome in a townhome building shall have the same building materials. When a townhome is located on a corner, architectural elements and details of the house shall continue on the side of the house along the street. 3. Maximum Building height shall be 30 feet to the eave of the building measured at the front façade. 4. Allowed exterior materials are: horizontal wood lap siding, cementitious lap siding, vertical board and batten, brick, and stone. Hard coat stucco shall only be allowed for trim areas. The building materials applied to the front façade shall continue with the same proportion on all other exterior elevations of the building. This proportion shall be calculated on a per side basis. Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 19 3/29/2007 5. Vinyl or aluminum siding, glass curtain walls, concrete masonry units, exterior insulation and finishing systems (EIFS), exposed concrete masonry units (CMU), concrete foundation walls are prohibited as exterior building materials. 6. Roof types shall be side gable, cross gable, front gable, and hip. Shed roofs are allowed on porches. Roofs shall be made out of asphalt shingle, wood shingle, wood shake, slate or standing seam metal. Skylights shall be flat (bubble and geometric skylights are prohibited). They shall be placed to the rear of the house. 7. Windows in the front façade shall be predominantly vertical in orientation. 8. Windows frames of windows on the front façade shall not be made out of metal. 9. If muntins or mullions are used, they shall be either true divided lights or simulated divided lights (clip-ons are allowed). 10. Front doors shall be wood panel or have a combination of wood and glass (such as French doors) or shall have the appearance of wood. 11. Exterior chimneys shall originate at the grade. Exterior chimneys shall be faced with stone or masonry. Chimneys that originate at the interior can be faced with hard coat stucco. Chimneys shall not be covered with siding. 12. A paved walkway from the front sidewalk to the front entry or front porch on the principal structure shall be provided for houses set back less than 30 feet and encouraged for houses with larger setbacks. 13. One front porch shall be required for every five groupings of townhomes. Two porches shall be required for every four groupings of townhomes. One porch shall be required for every three groupings of townhomes. 14. Front porches may extend 10 feet into the setback. Porches must have a minimum depth of six feet. 15. Porches for quadruplex residences may be shared. 16. If shutters are used, they shall fit the size of the window. 17. Decks are allowed only to the rear of the principal structure. They shall be Deleted: 3/28/2007 Staff edits in blue P.C. Meeting 3/22/07 edits in yellow 20 3/29/2007 not extend beyond the width of the building. 12H(1).7. EXISTING HISTORIC STRUCTURES. This includes all structures identified in the 1996 Historic Resources Survey used for non-residential uses. A. Alterations and additions shall be consistent and reinforce the historic architectural character of the entire structure and shall comply with the standards herein. B. New additions and exterior alterations shall not destroy historic materials that characterize the property. The new work may be differentiated from the old. To protect historic integrity, any new work shall be compatible with the massing, size, scale and architectural features of the property. C. The removal of distinctive materials or alteration of features that characterize a structure shall be avoided. D. Where the severity of deterioration requires replacement of a distinctive feature, the new feature shall match the old in design. E. Where improvements and or alterations do not exceed 50% of the square feet of the structure, applicants shall be exempt from the review by the City of Milton Overlay District Design Review Board. Formatted: Highlight Deleted: Northwest Fulton Deleted: 12H(1).8. Deleted: ¶ ¶ Deleted: 3/28/2007 , City of Milton 13000 Deerfield Parkway, Suite 137, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager It— AGENDA ITEM: Approval of an Ordinance to adopt the bond schedule for municipal code and state law violations MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED CITY ATTORNEY REQUIRED: YES (j NO tAlr[ APPROVAL B Y CI TY A TTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS: Wu L- t Zr -1<C7 City of Milton To: Honorable Mayor and City Council Members From: Jeanette R. Marchiafava, City Clerk and Clerk of the Court Date: February 27, 2007 for Submission onto the March 15, 2007 City Council Meeting and Second Reading on April 12, 2007 Agenda Item: Ordinance to adopt the bond schedule for municipal code and state law violations CMO (City Manager’s Office) Recommendation: To approve the attached ordinance to adopt the bond schedule. Background: Section 5.13(d) of the City charter provides that “The municipal court shall have the authority to establish a schedule of fees to defray the cost of operation” and 5.13(e) provides that “The municipal court shall have authority to establish bail and recognizances to ensure the presence of those charged with violations before said court”. Chapter 4, article 1, section 6(b) of the City Code of Ordinances states that “The Council shall set City fines for violations of City ordinances”. Discussion: The bond schedule has been developed by court staff within the parameters of State law and the Charter and Code of Ordinances of the City of Milton, and has met the approval of the Chief Judge. Alternatives: N/A Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager ORDINANCE NO. 07-____ STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO ADOPT THE BOND AND FINE SCHEDULE FOR THE CITY OF MILTON MUNICIPAL COURT BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on April _____ 2007 at 7:00 p.m. as follows: SECTION 1. That the bond schedule of fines and fees for the Municipal Court of Milton 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; and SECTION 3. That this Ordinance shall become effective upon its adoption. ORDAINED this the ____day of April, 2007. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) MILTON MUNICIPAL COURT CASH-BOND LISTING CODE SECTION VIOLATIONS DESCRIPTION FINE AMOUNT 3-3-23 POSSESSION OF ALCOHOL BY MINOR $408.00 3-3-23A1 FURNISH/SELL ALCOHOL TO PERSON UNDER 21 $408.00 3-3-23A2 ATTEMPT TO PURCHASE ALCOHOL UNDER 21 $408.00 3-3-23A3 MISREPRESENT AGE TO OBTAIN ALCOHOL $408.00 3-3-23A5 MISREPRESENT ID TO OBTIAN ALCOHOL $408.00 3-3-23A6 NO PROVISION FOR UNDER 21 POSSES/DRINIK $408.00 16-7-43 DUMP/DEPOSIT/LITTER PUB/PRI PROPERTY/WAT $415.00 16-8-14 SHOPLIFTING LESS THAN 300.00 (1ST)$415.00 16-8-14 SHOPLIFTING LESS THAN 300.00 (2ND)$664.00 16-8-14 SHOPLIFTING LESS THAN 300.00 (3RD)$1,233.00 16-13-2B VGCSA LESS THAN 1 OZ. (3RD)$1,758.00 40-1-3 PERMITTING UNLAWFUL OPERATION OF VEHICLE $388.00 40-1-4 OBSCENE OR PROFANE SIGNS ON VEHICLE $388.00 40-2-5 TAGS: USE OF TAG TO CONCEAL IDENTITY $689.00 40-2-6 TAGS: ALTERATION/IMPROPER PLATES $163.00 40-2-8 TAGS: OPERATING W/OUT PROPER DECAL $163.00 40-2-8 TAGS: NEW RESIDENT HAS 30 DAYS TO REG $163.00 40-2-8B2 FAIL TO REG NEW/USED VEH W/IN 30 DAYS $163.00 40-2-20 DRIVING WITHOUT A TAG $163.00 40-2-31 NO COUNTY DECAL (1ST)$66.00 40-2-31 NO COUNTY DECAL (2ND)$163.00 40-2-38 IMPROPER USE OF DEALER TAG $318.00 40-2-41 DISPLAY OF LICENSE PLATES $163.00 40-2-41 DRIVING W/OBSTRUCTED LICENSE PLATE $163.00 40-2-42 IMPROPER TRANSFER OF LICENSE PLATE/DECAL $163.00 40-5-4 FAIL TO DISPLAY EMBLEM/SLOW MOVING VEH $131.00 40-5-20 LICENSE: DRIVING WHILE INV, UNLIC, EXP (1ST)$433.00 40-5-20 LICENSE: DRIVING WHILE INV, UNLIC, EXP (2ND)$738.00 40-5-20 NEW RESIDENT-30 DAYS TO OBTAIN LICENSE $157.00 40-5-20A OPERATING VEH W/OUT PROPER CLASS OF LIC $157.00 40-5-20B OPERATING VEH W/OUT LIC WHILE BEING TOWED $170.00 40-5-20C POSSESSION OF MORE THAN 1 VALID LICENSE $403.00 40-5-23 WRONG CLASS OF DRIVERS LICENSE $170.00 40-5-24B2A VIOLATION OF CLASS D LIC RESTRICTION $170.00 40-5-29A NO LICENSE ON PERSON $16.00 40-5-32 EXPIRED DRIVER'S LICENSE $17.00 40-5-32A EXPIRED LICENSE W/PROFF OF RENEWAL $17.00 40-5-33 LICENSE: 60 DAYS TO CHANGE NAME/ADDRESS $105.00 40-5-64 LICENSE: VIOLATION OF COND. OF PERMIT $809.00 40-5-65 OTHER LICENSE W/REVOCATION (1ST)$689.00 40-5-65 OTHER LICENSE W/REVOCATION (2ND)$1,283.00 40-5-75F SUSPENDED LIC/CONTROLLED SUBSTANCE (1ST)$989.00 40-5-75F SUSPENDED LIC/CONTROLLED SUBSTANCE (2ND)$1,889.00 40-5-75F SUSPENDED LIC/CONTROLLED SUBSTANCE (3RD)$3,089.00 40-5-120 LICENSE: UNLAWFUL USE OF LICENSE (1ST)$689.00 40-5-120 LICENSE: UNLAWFUL USE OF LICENSE (2ND)$1,283.00 40-5-121 LICENSE: DRIVING WHILE LIC. SUSP/REVOKED (1ST)$689.00 40-5-121 LICENSE: DRIVING WHILE LIC SUSP/REVOKED (2ND)$1,283.00 40-5-121 LICENSE: DRIVING WHILE LIC SUSP/REVOFED (3RD)$3,083.00 40-5-122 LICENSE: PERMIT UNLIC PERSON TO DRIVE $318.00 40-5-123 LICENSE: PERMIT UNAUTH MINOR TO DRIVE $318.00 40-5-125 LICENSE: POSSESSION OF FRAUDULANT LIC $689.00 40-5-125 IMPROPER USE OF LICENSE $689.00 40-6-10 NO INSURANCE (1ST)$689.00 40-6-10 NO INSURANCE (2ND)$1,049.00 40-6-10 NO INSURANCE (3RD)$1,283.00 40-6-10(B)PERMITTING ANOTHER TO OPER. W/O INS. (1ST)$689.00 40-6-10(B)PERMITTING ANOTHER TO OPER. W/O INS. (2ND)$1,049.00 40-6-10(B)PERMITTING ANOTHER TO OPER. W/O INS (3RD)$1,283.00 40-6-10A4 NO PROOF OF INSURANCE $32.50 40-6-10C FALSIFYING PROOF OF INSURANCE (1ST)$689.00 40-6-10C FALSIFYING PROOF OF INSURANCE (2ND)$1,283.00 40-6-11 MOTORCYCLE: NO INSURANCE (1ST)$689.00 40-6-11 MOTORCYCLE: NO INSURANCE (2ND)$1,049.00 40-6-11 MOTORCYCLE: NO INSURANCE (3RD)$1,283.00 40-6-120 IMPROPER LEFT OR RIGHT TURN $178.00 40-6-120B FAIL TO OBEY TEMP TRF CONTROL DEVICE $178.00 40-6-121 IMPROPER U-TURN $178.00 40-6-121(4)MAKING PROHIBITED U-TURN(POSTED/MARKED)$178.00 40-6-122 IMPROPER STARTING OF PARKED VEHICLE $178.00 40-6-123 IMPROPER LANE CHANGE/USAGE $178.00 40-6-123BCD IMPROPER USE OF SIGNAL LIGHTS $178.00 40-6-123C IMPROPER STOPPING ON ROADWAY $178.00 40-6-124 FAIL TO USE SIGNAL $178.00 40-6-125 IMPROPER USE OF HAND SIGNALS $131.00 40-6-126 IMPROPER USE OF CENTRAL TURN LANE $228.00 40-6-14 NOISE VIOLATION (LOUD MUSIC FR. VEHICLE)$248.00 40-6-140A FAIL TO STOP FOR APPROACHING TRAIN $196.00 40-6-140B DISREGARDING RR CROSSING BARRIER $196.00 40-6-140F IMPROPER STOP ON RR TRACKS (>10 WHEELS)$1,283.00 40-6-140F IMPROPER STOP ON RR TRACKS (<10 WHEELS)$196.00 40-6-141 FAILURE TO STOP AT STOP SIGN AT RR ZING $196.00 40-6-142 CERTAIN VEH MUST STOP AT RR CROSSING(NO PASS)$196.00 40-6-142 CFERTAIN VEH MUST STOP AT RR CROSSING (PASS)$300.00 40-6-144 DRIVER/YIELD/SIDEWALK $157.00 40-6-15 DRIVING WITH SUSPENDED TAG (1ST)$809.00 40-6-15 DRIVING WITH SUSPENDED TAG (2ND)$1,889.00 40-6-16 MUST MOVE OVER FOR EMERGENCY VEHICLES $683.00 40-6-163 FAIL STOP FOR SCHOOL BUS LOADING/UNLOAD $430.00 40-6-180 BASIC RULES/TOO FAST FOR CONDITIONS $178.00 40-6-181 SPEEDING 11-14 OVER (1ST)$143.00 40-6-181 SPEEDING 11-14 OVER (2ND)$163.00 40-6-181 SPEEDING 11-14 OVER (3RD)$183.00 40-6-181 SPEEDING 11-14 OVER (4TH)$203.00 40-6-181 SPEEDING 11-14 OVER (5TH)$223.00 40-6-181 SPEEDING 11-14 OVER (6TH)$243.00 40-6-181 SPEEDING 11-14 OVER (7TH)$263.00 40-6-181 SPEEDING 11-14 OVER (8TH)$283.00 40-6-181 SPEEDING 11-14 OVER (9TH)$303.00 40-6-181 SPEEDING 11-14 OVER (10TH)$323.00 40-6-181 SPEEDING 15-18 OVER (1ST)$196.00 40-6-181 SPEEDING 15-18 OVER (2ND)$213.00 40-6-181 SPEEDING 15-18 OVER (3RD)$243.00 40-6-181 SPEEDING 15-18 OVER (4TH)$263.00 40-6-181 SPEEDING 15-18 OVER (5TH)$284.00 40-6-181 SPEEDING 15-18 OVER (6TH)$303.00 40-6-181 SPEEDING 15-18 OVER (7TH)$323.00 40-6-181 SPEEDING 15-18 OVER (8TH)$343.00 40-6-181 SPEEDING 15-18 OVER (9TH)$363.00 40-6-181 SPEEDING 15-18 OVER (10TH)$383.00 40-6-181 SPEEDING 19-23 OVER (1ST)$228.00 40-6-181 SPEEDING 19-23 OVER (2ND)$318.00 40-6-181 SPEEDING 19-23 OVER (3RD)$338.00 40-6-181 SPEEDING 19-23 OVER (4TH)$358.00 40-6-181 SPEEDING 19-23 OVER (5TH)$378.00 40-6-181 SPEEDING 19-23 OVER (6TH)$398.00 40-6-181 SPEEDING 19-23 OVER (7TH)$418.00 40-6-181 SPEEDING 19-23 OVER (8TH)$438.00 40-6-181 SPEEDING 19-23 OVER (9TH)$458.00 40-6-181 SPEEDING 19-23 OVER (10TH)$478.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (1ST)$388.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (2ND)$408.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (3RD)$428.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (4TH)$448.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (5TH)$468.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (6TH)$488.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (7TH)$508.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (8TH)$528.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (9TH)$548.00 40-6-181 SPEEDING 24-33 OVER-MUST APPEAR (10TH)$568.00 40-6-181 SPEEDING 34-99 OVER-MUST APPEAR N/A 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (1ST)$283.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (2ND)$303.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (3RD)$323.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (4TH)$343.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (5TH)$363.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (6TH)$383.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (7TH)$403.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (8TH)$423.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (9TH)$443.00 40-6-181 SPEEDING 11-14 OVER SCHOOLZONE (10TH)$463.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (1ST)$336.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (2ND)$353.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (3RD)$383.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (4TH)$403.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (5TH)$423.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (6TH)$443.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (7TH)$463.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (8TH)$483.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (9TH)$503.00 40-6-181 SPEEDING 15-18 OVER SCHOOLZONE (10TH)$523.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (1ST)$368.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (2ND)$458.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (3RD)$478.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (4TH)$498.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (5TH)$518.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (6TH)$538.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (7TH)$558.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (8TH)$578.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (9TH)$598.00 40-6-181 SPEEDING 19-23 OVER SCHOOLZONE (10TH)$618.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (1ST)$528.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (2ND)$548.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (3RD)$568.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (4TH)$588.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (5TH)$608.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (6TH)$628.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (7TH)$648.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (8TH)$668.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (9TH)$688.00 40-6-181 SPEEDING 24-33 OVER SCHOOLZONE (10TH)$708.00 40-6-181 SPEEDING 34-99 OVER SCHOOLZONE-MUST APPEAR N/A 40-6-184 IMPEDING THE FREE FLOW OF TRAFFIC $178.00 40-6-186 RACING ON HIGHWAYS OR STREETS-ACCIDENT $983.00 40-6-186 RACING ON HIGHWAYS OR STREETS-STANDARD $683.00 40-6-186 SPEEDING 11-14 OVER CONSTRUCTION ZONE (1ST)$243.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (2ND)$263.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (3RD)$283.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (4TH)$303.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (5TH)$323.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (6TH)$343.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (7TH)$363.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (8TH)$383.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (9TH)$403.00 40-6-188 SPEEDING 11-14 OVER CONSTRUCTION ZONE (10TH)$423.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (1ST)$346.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (2ND)$363.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (3RD)$393.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (4TH)$413.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (5TH)$434.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (6TH)$453.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (7TH)$473.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (8TH)$493.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (9TH)$513.00 40-6-188 SPEEDING 15-18 OVER CONSTRUCTION ZONE (10TH)$533.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (1ST)$428.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (2ND)$518.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (3RD)$538.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (4TH)$558.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (5TH)$578.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (6TH)$598.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (7TH)$618.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (8TH)$638.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (9TH)$658.00 40-6-188 SPEEDING 19-23 OVER CONSTRUCTION ZONE (10TH)$678.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (1ST)$688.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (2ND)$708.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (3RD)$728.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (4TH)$748.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (5TH)$768.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (6TH)$788.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (7TH)$788.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (8TH)$828.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (9TH)$848.00 40-6-188 SPEEDING 23-33 OVER CONSTRUCTION ZONE (10TH)$868.00 40-6-188 SPEEDING 34-99 OVER CONSTRUCTION ZONE-MUST APPEAR N/A 40-6-188 FAILURE TO OBEY PERSON DIRECTING TRAFFIC $248.00 40-6-20 RUNNING RED LIGHT $178.00 40-6-200 IMPROPER PARKING $178.00 40-6-201 LEAVING MOTOR VEHICLE UNATTENDED $131.00 40-6-202 STOP/STAND/PARK OUTSIDE BUS/RES DISTRICT $178.00 40-6-203 IMPROPER STOPPING/PARKING ON ROADWAY $178.00 40-6-203 PARKING IN FIRE LANE $178.00 40-6-205 OBSTRUCTING AN INTERSECTION $248.00 40-6-20A VIOLATION OF TRAFFIC-CONTROL DEVICE $178.00 40-6-226 VIOLATION OF HANDICAPPED PARKING (1ST)$358.00 40-6-226 VIOLATION OF HANDICAPPED PARKING (2ND)$683.00 40-6-23.1 VIOLATION OF FLASHING RED SIGNAL $157.00 40-6-23.2 VIOLATION OF FLASHING YELLOW SIGNAL $157.00 40-6-24 LANE DIRECTIONS $157.00 40-6-240 IMPROPER BACKING $178.00 40-6-240B IMPROPER BACKING SHOULDER/CNTRLD ADD RDW $178.00 40-6-241 DRIVER EXERCISE DUE CARE $157.00 40-6-242 OBSTUCTION/INTERFERENCE WITH DRIVER $157.00 40-6-242B PASSENGER INTERFERE W/ DRIVER $388.00 40-6-243 OPENNING DOORS TO MOVING TRAFFIC $178.00 40-6-244 RIDING IN HOUSE TRAILER $248.00 40-6-246 COASTING PROHIBITED $178.00 40-6-247 FOLLOWING EMERG. VEH W/IN 200 FT $196.00 40-6-248 DRIVING OVER A FIREHOSE $388.00 40-6-249 LITTERING HIGHWAY $458.00 40-6-250 DEVICE WORN THAT IMPAIRES HEARING/VISION $248.00 40-6-251 LAYING DRAGS-ACCIDENT $683.00 40-6-251 LAYING DRAGS-STANDARD $423.00 40-6-252 PARKING/DRIVING THRU NO THRU ZONE (1ST)$98.00 40-6-252 PARKING/DRIVING THRU NO THRU ZONE (2ND)$163.00 40-6-252 PARKING/DRIVING THRU NO THRU ZONE (3RD)$228.00 40-6-253 OPEN CONTAINER VIOLATION $293.00 40-6-254 FAILURE TO SECURE LOAD-ACCIDENT $689.00 40-6-254 FAILURE TO SECURE LOAD-STANDARD $170.00 40-6-255 GASOLINE DRIVE-OFF $225.00 40-6-26 INTERFERE WITH TRAFFIC CONTROL DEVICES $300.00 40-6-26 ALTER/DAMAGE ANY OFFICIAL TRAF-CONTROL DEVICE $683.00 40-6-270 FAIL TO STOP @ACCIDENT W/INJURY, DAMAGE (1ST)$809.00 40-6-270 FAIL TO STOP @ACCIDENT W/INJURY, DAMAGE (2ND)$1,283.00 40-6-270A1 FAIL /GIVE INFO AND RENDER AID ACC/SCENE $809.00 40-6-271 DUTY UPON STRIKING UNATTENDED VEHICLE $458.00 40-6-272 STRIKING FIXED OBJECT-NO RESTITUTION $683.00 40-6-272 STRIKING FIXED OBJECT-RESTITUTION $318.00 40-6-273 FAIL TO REPORT ACCIDENT W/INJURY, DEATH $458.00 40-6-275 REMOVAL OF VEHICLE FRO ROADWAY $248.00 40-6-291 TRAFFIC LAWS APPLY TO BICYCLES ON ROAD $178.00 40-6-292 NO RIDING ON HANDLEBARS OF BICYCLE $178.00 40-6-293 PERSON ON BIKE/SKATES/WAGON CLING TO VEH $248.00 40-6-294 BICYCLE MUST BE ON RIGHT SIDE OF ROADWAY $143.00 40-6-294B BICYCLE: MORE THAN 2 ABREAST ON ROAD $178.00 40-6-296 BICYCLE: EQUIPMENT REQUIREMENT $178.00 40-6-310 TRAFFIC LAWS APPLICABLE TO MOTORCYCLES $248.00 40-6-311C CARRYING ARTICLE, HANDS NOT ON HANDLEBAR $248.00 40-6-311D PASSENGER NOT TO INTERFERE WITH OPERATOR $248.00 40-6-311E OPERATOR AND PASSENGER MUST WEAR SHOES $248.00 40-6-312 OTHER VEHICLES MUST GIVE MOTORCYCLE LANE $248.00 40-6-312B MOTORCYCLE: PASSING IN SAME LANE AS VEH $318.00 40-6-312C MOTORCYCLE: OPERATING BETWEEN LANES $423.00 40-6-312D MOTORCYCLE: MORE THAN 2 ABREAST $178.00 40-6-312E MOTORCYCLE: MUST HAVE LIGHTS ON $248.00 ate, City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM! DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of an Ordinance to adopt the Uniform Rules of the City of Milton Municipal Court, Code of Conduct for Non -Judicial Court Employees, and Indigent Defense Plan MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: k APPROVED () NOT APPRO VED CITY ATTORNEY VAL REQUIRED: j YES () NO MtEw APPROVAL BY CITY ATTORNEY ()APPROVED (j NOTAPPROVED PLACED ON AGENDA FOR: REMARKS: L- (21 2)0-7 City of Milton To: Honorable Mayor and City Council Members From: Jeanette R, Marchiafava, City Clerk and Clerk of the Court Date: February 27, 2007 for Submission onto the March 15, 2007 City Council Meeting and the April 12, 2007 regular meeting for Second Reading Agenda Item: Ordinance to adopt the Uniform Rules of the City of Milton Municipal Court , Code of Conduct for Non-Judicial Court Employees, and Indigent Defense Plan CMO (City Manager’s Office) Recommendation: To approve the attached ordinance to adopt the Uniform rules of Court. Background: Section 5.15 of the City charter provides that “the judge shall have full power and authority to make reasonable rules and regulations necessary and proper to secure the efficient and successful administration of the municipal court”. Chapter 4, article 2, section 1 states that “The Municipal Court Judges shall adopt specific rules of procedure which must be approved by the Mayor and City Council”. Discussion: The rules of operation have been developed by court staff following the guidelines of the rules of Superior Court, and have met the approval of the Chief Judge. Alternatives: N/A Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager UNIFORM RULES OF THE MILTON MUNICIPAL COURT RULE 1. DEFINITIONS 1.1 Attorney. The word "attorney" as used in these rules refers to any person admitted to practice in the courts of Georgia, and to any person who is permitted, in accordance with law, to represent a party in an action pending in a court of the State of Georgia, and to any person proceeding pro se in an action pending in a court of this state. The word "attorney" is synonymous with "counsel" in these rules. 1.2 Judge. The word "judge" as used in these rules refers to the judge duly appointed by the Mayor and Council of the City of Milton, or the associate judge, also duly appointed, and authorized to serve as judge of the Municipal Court of Milton, or any judge sitting pro hac vice. 1.3 Clerk. The word "clerk" as used in the rules refers to the clerk of the Milton Municipal Court and to staff serving as deputy clerks under the direction of the clerk of the court. 1.4 Court. The word "court" as used in the rules refers to the Municipal Court of the City of Milton. 1.5 Solicitor. The word "solicitor" as used in the rules refers to the prosecutor duly appointed by the Mayor and Council of the City of Milton, or an associate of the prosecutor who may be acting in his absence. RULE 2. ATTORNEYS - APPEARANCE, WITHDRA WL & DUTIES 2.1 Prohibition on Ex Parte Communications. Except as authorized by law or by rule, judges shall neither initiate not consider ex parte communications by interested parties or their attorneys concerning a pending or impending proceeding. 2.2 Entry of Appearance and Pleadings. No attorney shall appear in that capacity before the court until the attorney has entered an appearance by filing a signed entry of appearance form or by filing a signed pleading in a pending action. An entry of appearance and all pleadings shall state: 1) The style and number of the case; 2) The identity of the party for whom the appearance is made; and 3) The name, assigned state bar number, and current office address and telephone number of the attorney. The filing of any pleading shall contain the information required by this paragraph. The filing of a signed entry of appearance alone shall not be a substitute for the filing of any other required pleading. The filing of the citation or accusation shall constitute an entry of appearance by the solicitor. Any attorney who has been admitted to practice in this state but who fails to maintain active membership in good standing in the State Bar of Georgia and who makes or files any appearance or pleading in court while not in good standing shall be subject to the contempt powers of the court. Within 48 hours after being retained, an attorney shall mail to the court and solicitor or file with the court the entry of appearance in the pending matter. Failure to timely file shall not prohibit the appearance and representation by said counsel. 2.3 Withdrawal. An attorney appearing of record in any case pending before the court who wishes to withdraw as counsel, shall submit a written request to the judge of the court for an order of court permitting such withdrawal. Such request shall state that the attorney has given due written notice to the affected client respecting such intention to withdraw 10 days prior to submitting the request to the court or that such withdrawal is with the client's consent. Such request will be granted unless in the judge's discretion to do so would delay the arraignment or trial or otherwise interrupt the orderly operation of the court or be manifestly unfair to the client. The attorney requesting an order permitting withdrawal shall give notice to the solicitor and shall file with the clerk and serve upon the client, personally or at the client's last known address, a notice which shall contain at least the following information: 1) That the attorney wishes to withdraw; 2) That the court retains jurisdiction of the case; 3) That the client has the burden of keeping the court informed respecting where notices or other papers may be served; 4) That the client has the obligation to prepare for trial or hire other counsel to prepare for trial when the trial date has been set; 5) That if the client fails or refuses to meet these burdens, the client may suffer adverse consequences, including bond forfeiture and arrest; 6) The dates of any scheduled proceedings, including trial, and that holding of such proceedings will not be affected by the withdrawal of counsel; 7) That service of notices may be made upon the client at the client's last known address. **Unless the withdrawal is with the client's consent, the client has the right to object within 10 days of the date of the notice. 2.4 Special Admission of Attorneys From Other States. When permitted by law or rules, any attorney admitted to practice in the courts of record of another state who desires to be specifically admitted to practice in a specific case pending in the court shall make application for such special admission to the judge. Such application shall contain the following information: 1) Name, current address and telephone number of the attorney making such application; 2) A listing of the state or states in which such attorney is duly licensed to practice; 3) That the attorney seeking admission has associated in the case an attorney who is a resident of Georgia, and who is duly and regularly admitted to practice in the courts of this state; and, 4) The name and current office address and telephone number maintained by the associated attorney. Service may be had upon the associated attorney in all matters connected with said action with the same effect as though personally made upon the out of state attorney specially admitted to practice in the case. The out of state attorney so admitted to practice in such case shall be subject to the orders of the court and amenable to disciplinary action as though that attorney were regularly admitted to practice in the State of Georgia. 2.5 To Attend and Remain. Subject to the provisions of Rule 3, attorneys having matters on calendars, or who are otherwise directed to do so, unless excused by the court, are required to be in court at the call of the matter and to remain until otherwise directed by the court. Should the judge excuse counsel from the courtroom before the matter is concluded such attorney(s) shall return as directed. Failure of any attorney in this respect shall subject that attorney to the contempt powers of the court. RULE 3. LEAVES OF ABSENCE 3.1 Leaves for Thirty (30) Calendar Days or Less. An attorney of record shall be entitled to a leave of absence for thirty days or less from court appearance in pending matters by submitting to the clerk at least thirty days prior to the effective date for the proposed leave, a written notice containing: 1) A list of the cases to be protected, including case numbers; 2) The reason for the leave of absence; and 3) The duration of the requested leave of absence. Unless the solicitor files a written objection within 10 days, or the court responds denying the leave, such leave will stand granted without entry of an order. If objection is filed, the court will conduct a conference with all counsel to determine whether the court will, by order, grant the requested leave of absence. The clerk will retain leave of absence notices in the affected case file. 3.2 Leaves for More Than Thirty (30) Calendar Days. Application for leaves of absence for more than thirty days must be in writing, filed with the clerk of the court, and served upon the solicitor. The solicitor must consent to or object to the request before granting of leave by the judge. The written application must contain all information required for 3.1 above. 3.3 Granted Leave. A 3.1 or 3.2 leave when granted shall relieve any attorney from all trials, hearings, and other legal proceedings in that matter. This rule shall not extend any deadline set by law or the court. 3.4 Denial of Application for Leave. Any application for leave not filed in conformance with this rule will be denied. The clerk shall provide notice of any denial of leave to the requesting attorney. RULE 4. CONFLICTS OF SCHEDULE WITH OTHER COURTS 4.1 Method of Resolution. An attorney shall not be deemed to have a conflict unless: 1) The attorney is lead counsel in two or more of the actions affected; and, 2) The attorney certifies that the matters cannot be adequately handled, and the client's interest adequately protected, by other counsel for the party or by other attorneys in lead counsel's firm; certifies that in spite of compliance with this rule, the attorney has been unable to resolve these conflicts; and certifies in the notice a proposed resolution by list of such cases in the order of priority specified by this rule. When an attorney is scheduled for a day certain by trial calendar, special setting or court order to appear in two or more courts (trial or appellate; municipal, state, superior, or federal), the attorney shall give prompt written notice as specified above of the conflict to opposing counsel, to the clerk of each court and to the judge before whom each action is set for hearing. The written notice shall contain the attorney's proposed resolution of the appearance conflicts in accordance with the priorities established by rule of the Superior Courts of the State of Georgia, and shall set forth the order of cases to be tried with a listing of the date and data required by Uniform Superior Court Rules as to each case arranged in the order in which the cases should prevail under Uniform Superior Court Rules. In the absence of objection from opposing counselor the courts affected, the proposed order of conflict resolution shall stand as offered. Should a judge wish to change the order of cases to be tried, such notice shall be given promptly after agreement is reached between the affected judges. Attorneys confronted by such conflicts are expected to give written notice such that it will be received at least seven (7) days prior to the date of conflict. Absent agreement, conflicts shall be promptly resolved by the judge or the clerk of the courts in accordance with the order of priorities set forth in the Uniform Superior Court Rules. 4.2 Attorneys Serving as Part-Time Judges. The judge shall give prompt consideration to resolving scheduling conflicts resulting from an attorney's serving as a part-time judge of a court of record. RULE 5. JURISDICTION AND TRANSFER OF CASES TO STATE COURT. 5.1 Jurisdiction. This court shall have jurisdiction over misdemeanor violations of the uniform traffic laws of the State of Georgia and over misdemeanor violations of the code of ordinances for the City of Milton, which occur within the city limits of Milton. This court shall also have jurisdiction to hear cases involving misdemeanor violations of state laws in which the state has granted jurisdiction to the municipal courts of this state, which occur within the city limits of Milton. 5.2 Transfer of Cases to State Court. If it is the determination of the court that a charge is not within the jurisdiction of the court, or if a defendant, an attorney of record for a defendant, or the solicitor requests that a jury trial be provided on a case, the case may be bound over to the State Court of Fulton County for trial. The court may also decide sua sponte that a case be bound over to State Court for trial. Any request for the binding over of a case to State Court must be written, filed with the clerk, and formally presented to the judge, on the record at arraignment, by the solicitor, the defendant or, when there is one, the attorney of record on the case. If the request is granted by the judge, the clerk will transfer the file to the State Court of Fulton County along with any bond posted in the case. RULE 6. LIMITATION OF ACCESS TO COURT FILES All court records of disposed cases are public and are to be available for public inspection unless public access is limited by law or by the order of the judge. The judge may order limitation of access to files, as authorized by OCGA 17-8-6 (amended), or if motion is made to the court with compelling reasons why harm to the privacy of an individual involved would clearly outweigh the public interest in the case. RULE 7. NEWS COVERAGE OF JUDICIAL PROCEEDINGS Unless otherwise ordered by the judge after appropriate hearing (conducted after notice to all parties and counsel of record) and findings, representatives of the print and electronic public media may be present at and unobtrusively make written notes and sketches pertaining to any judicial proceedings in the court. However, due to the distractive nature of electronic or photographic equipment, representatives of the public media utilizing such equipment are subject to the following restrictions and conditions: (A) Persons desiring to broadcast/record/photograph official court proceedings must file a timely written request with the court prior to the hearing or trial, specifying the particular case or proceedings for which such coverage is intended; the type of equipment to be used in the courtroom; the trial, hearing or proceeding to be covered; and the person responsible for installation and operation of such equipment. (B) Approval of the judge to broadcast/record/photograph a proceeding, if granted, shall be granted without partiality or preference to any person, news agency, or type of electronic or photographic coverage, who agrees to abide by and conform to these rules, up to the capacity of the space designated therefore in the courtroom. Violation of these rules will be grounds for a reporter/technician to be removed or excluded from the courtroom and held in contempt. (C) The judge may exercise discretion and require pooled coverage, which would allow only one still photographer, one television camera and attendant, and one radio or tape recorder outlet and attendant. Photographers, electronic reporters and technicians shall be expected to arrange among themselves pooled coverage if so directed by the judge and to present the judge with a schedule and description of the pooled coverage. If the covering persons cannot agree on such a schedule or arrangement, the schedule and arrangements for pooled coverage may be designated at the judge's discretion, (D) The positioning and removal of cameras and electronic devices shall be done quietly and, if possible, before or after the court session or during recesses; in no event shall such disturb the proceedings of the court, In every such case, equipment should be in place and ready to operate before the time court is scheduled to be called to order. (E) Overhead lights in the courtroom shall be switched on and off only by court personnel. No other lights, flashbulbs, flashes or sudden light changes may be used unless the judge approves beforehand, (F) No adjustment of central audio system shall be made except by persons authorized by the judge. Audio recordings of the court proceedings will be from one source, normally by connection to the court's central audio system. Upon prior approval of the court, other microphones may be added in an unobtrusive manner. (G) All television cameras, still cameras and tape recorders shall be assigned to a specific portion of the public area of the courtroom or specially designed access areas, and such equipment will not be permitted to be removed or relocated during the court proceedings. (H) Still cameras must have quiet functioning shutters and advancers. Movie and television cameras and broadcasting and recording devices must be quiet running. If any equipment is determined by the judge to be of such noise as to be distractive to the court proceedings, then such equipment can be excluded from the courtroom by the judge. (I) Reporters, photographers, and technicians must have and produce upon request of court officials credentials identifying them and the media company for which they work. (J) Court proceedings shall not be interrupted by a reporter or technician with a technical or equipment problem. (K) Reporters, photographers, and technicians should do everything possible to avoid attracting attention to themselves. Reporters, photographers, and technicians will be accorded full right of access to court proceedings for obtaining public information within the requirements of due process of law, so long as it is done without detracting from the dignity and decorum of the court. (L) Other than as permitted by these rules and guidelines, there will be no photographing, radio or television broadcasting, including videotaping pertaining to any judicial proceedings within the courtroom, whether or not the court is actually in session. (M) No interviews pertaining to a particular judicial proceeding will be conducted in the courtroom except with the permission of the judge. (N) A request for installation and use of electronic recording, transmission, videotaping or motion picture or still photography of any judicial proceeding shall be evaluated pursuant to the standards set forth in OCOA 15-1-10.1. RULE 8. RECUSAL 8.1 Motions. All motions to recuse or disqualify the presiding judge, with the exception of the judge's own motion when he so chooses to recuse himself, shall be timely filed in writing and all evidence thereon shall be presented by accompanying affidavit(s), which shall fully assert the facts upon which the motion is founded. Filing and presentation to the judge shall be not later than five (5) days after the affiant first learned of the alleged grounds for disqualification, and not later than ten (10) days prior to the hearing or trial which is the subject of recusal or disqualification, unless good cause be shown for failure to meet such time requirements. In no event shall the motion be allowed to delay the trial or proceeding. 8.2 Affidavit. The affidavit shall clearly state the facts and reasons for the belief that bias or prejudice exists, being definite and specific as to time, place, persons and circumstances of extra-judicial conduct or statements, which demonstrate either bias in favor of any adverse party, or prejudice toward the moving party in particular, or a systematic pattern of prejudicial conduct toward the persons similarly situated to the moving party, which would influence the judge and impede or prevent impartiality in that action. Allegations consisting of bare conclusions and opinions shall not be legally sufficient to support the motion or warrant further proceedings. 8.3 Procedure Upon a Motion for Disqualification. Any motion for disqualification of the presiding judge shall be assigned for hearing to another judge. If the motion is sustained, the selection of another judge to hear the case shall be made. Otherwise the case may be bound over to Fulton County State Court at the discretion of the solicitor and the hearing judge. 8.4 Voluntary Recusal. If the judge, either on the motion of the defendant or the judge's own motion, voluntarily disqua1ifies, the associate judge or another judge shall be assigned to hear the case. A voluntary recusal shall not be construed as either an admission or denial to any allegations that have been set out in the motion. RULE 9. POST -ARREST PROCEEDINGS 9.1 Bonds and First Appearances. Immediately following any arrest but not later than 48 hours, unless the accused has made bond in the meantime, the arresting officer or the detention officer having custody of the accused shall present the accused in person before the judge on-call for first appearance. At the first appearance, the judge shall: 1) Inform the accused of the charges; 2) Inform the accused of the right to remain silent, that any statement made may be used against the accused, and of the right to the presence and advice of an attorney; 3) Make a fair and reliable determination of the probable cause for the arrest; and 4) Inform the accused of the amount of bail required on the charges, and the methods that may be used to post a bond. RULE 10. ARRAIGNMENT 10.1 Arraignment Calendar. Notice of the arraignment date and time shall be given to defendants. It will be the responsibility of the clerk for collection and entry of citations and summons to the arraignment calendar. The clerk will keep the schedule of arraignment dates and notify the police department of dates and changes to dates for assignment of cases. 10.2 Call for Arraignment. At the call of the calendar on arraignment dates the court will advise the defendant of the charge(s) against him/her and inquire whether the accused is represented by counsel. Unless the case is continued for good cause, the accused or the attorney of record shall answer whether the accused pleads guilty, not guilty, or wishes to speak to the solicitor for the purpose of negotiating a plea pursuant to section 12.3 of these rules. Those who plead not guilty will be given the choice of a bench trial to be set in front of the judge on a trial calendar, or if eligible, have the case bound over to State Court in Fulton County for a jury trial. The judge, at his discretion, may specially set a case for a trial. RULE 11. TRIALS 11.1 Trial Calendar. Trial dates shall be set periodically as necessary determined by the number of trial requests. Continuance notices for trial dates shall be issued by the clerk on arraignment dates, in open court, and shall be signed by the defendant or attorney of record, and the clerk. The signed continuance will constitute notice of trial date. 11.2 Trial Procedure. The court will follow the conduct of proceedings for trials laid out in Title 17, Chapter 8, Article 3 of the Official Code of Georgia (amended). The court will also follow the conduct and argument of counsel as laid out in Title 17, Chapter 8, Article 4 of the Official Code of Georgia (amended). RULE 12. PLEADING BY DEFENDANT 12.1 Alternatives. A defendant may plead guilty, not guilty, or in the discretion of the judge, nolo contendere. A plea of guilty or nolo contendere should be received only from the defendant personally in open court. The only exception will be at the judge's discretion to accept a plea from the attorney of record in absentia. A defendant may plead nolo contendere only with the consent of the judge. Such a plea should be accepted by the judge only after due consideration of the interest of the public in the effective administration of justice. Procedurally, a plea of nolo contendere should be handled under these rules in a manner similar to a plea of guilty. 12.2 Aid of Counsel - Time for deliberation. A defendant shall not be called upon to plead before having an opportunity to retain counsel. A defendant with counsel shall not be required to enter a plea if counsel makes a reasonable request for additional time to represent the defendant's interest, or if the defendant has not had a reasonable time to consult with counsel. A defendant without counsel should not be called upon to plead to any offense without having had a reasonable time to consider this decision. When a defendant without counsel tenders a plea of guilty or nolo contendere to an offense, the court should not accept the plea unless it is reaffirmed by the defendant after a reasonable time for deliberation, following the advice from the court required in section 12.8. 12.3 Propriety of Plea Discussions and Plea Agreements. In cases in which it appears that the interests of the public in the effective administration of criminal justice would thereby be served, the solicitor may engage in plea discussions for the purpose of reaching a plea agreement. The solicitor should engage in plea discussions or reach a plea agreement with the defendant only through defense counsel, except when the defendant does not desire and has not retained counsel. The solicitor, in reaching a plea agreement, may agree to one or more of the following, as dictated by circumstances of the individual case: 1) To make or not to oppose favorable recommendations as to the sentence which should be imposed if the defendant enters a plea of guilty or nolo contendere; 2) To seek or not to oppose dismissal of the offense charged if the defendant enters a plea of guilty or nolo contendere to another offense reasonably related to the defendant's conduct; or, 3) To seek or not to oppose dismissal of other charges or potential charges against the defendant if the defendant enters a plea of guilty or nolo contendere. 12.4 Relationship Between Defense Counsel and Client. Defense counsel should conclude a plea agreement only with the consent of the defendant, and should ensure that the decision to enter or not enter a plea of guilty or nolo contendere is ultimately made by the defendant. To aid the defendant in reaching a decision, defense counsel, after appropriate investigation, should advise the defendant of the alternatives available and of considerations deemed important by him in reaching a decision. 12.5 Responsibilities of the Judge. The judge should not participate in plea discussions. If a tentative agreement has been reached, upon request of the parties, the judge may permit the parties to disclose the tentative agreement and the reasons therefore in advance of the time for the tendering of the plea. The judge may then indicate to the solicitor and defense counsel whether the judge will likely concur in the proposed disposition if the information developed in the plea hearing or presented in the pre-sentence report is consistent with the representations made by the parties. If the judge concurs but the final disposition differs from that contemplated by the plea agreement, then the judge shall state for the record what information in the pre- sentence report or hearing contributed to the decision not to sentence in accordance with the plea agreement. When a plea of guilty or nolo contendere is tendered or received as a result of a plea agreement, the judge should give the agreement due consideration, but notwithstanding its existence, must reach an independent decision on whether to grant charge or sentence leniency under the principles set forth in section 12.6 of these rules. 12.6 Consideration of Plea in Final Disposition. It is proper for the judge to grant charge and sentence leniency to defendants who enter pleas of guilty or nolo contendere where the interests of the public in the effective administration of criminal justice are thereby served. Among the considerations which are appropriate in determining this question are: 1) That the defendant by entering a plea has aided in ensuring the prompt and certain application of correctional measures; 2) That the defendant has acknowledged guilt and shown a willingness to assume responsibility for conduct; 3) That the leniency will make possible alternative correctional measures which are better adapted to achieving rehabilitative, protective, deterrent or other purposes of correctional treatment, or will prevent undue harm to the defendant from the form of conviction; 4) That the defendant has made public trial unnecessary when there are good reasons for not having the case dealt with in a public trial; 5) That the defendant has given or offered cooperation when such cooperation has resulted or may result in the successful prosecution of other offenders engaged in equally serious or more serious criminal conduct; 6) That the defendant by entering a plea has aided in avoiding delay (including delay due to crowded dockets) in the disposition of other cases and thereby has increased the probability of prompt and certain application of correctional measures to other offenders. The judge should not impose upon a defendant any sentence in excess of that which would be justified by any of the rehabilitative, protective, deterrent or other purposes of the criminal law merely because the defendant has chosen to require the prosecution to prove the defendant's guilt at trial rather than to enter a plea of guilty or nolo contendere. 12.7 Determining Voluntariness of Plea. The judge shall not accept a plea of guilty or nolo contendere without first determining, on the record, that the plea is voluntary. By inquiry of the prosecuting attorney and defense counsel, the judge should determine whether the tendered plea is the result of prior plea discussions and a plea agreement, and if it is, what agreement has been reached. If the prosecuting attorney has agreed to seek charge or sentence leniency which must be approved by the judge, the judge must advise the defendant personally that the recommendations of the prosecuting attorney are not binding on the judge. The judge should then address the defendant personally and determine whether any other promises or any force or threats were used to obtain the plea. 12.8 Defendant to be Informed. The judged should not accept a plea of guilty or nolo contendere from a defendant without first: 1) Determining on the record that the defendant understands the nature of the charge(s); 2) Informing the defendant on the record that by entering a plea of guilty or nolo contendere one waives: a) the right to trial by jury; b) the presumption of innocence; c) the right to confront witnesses against oneself; d) the right to subpoena witnesses; e) the right to testify and to offer other evidence; f) the right to assistance of counsel during trial; g) the right not to incriminate oneself; and 3) Informing the defendant on the record: a) of the terms of any negotiated plea; b) the maximum possible sentence on the charge(s), including that possible from consecutive sentences; c) of the mandatory minimum sentence, if any on the charge(s). this information may be developed by questions from the judge, the solicitor or the defense attorney, or a combination of any of these. 12.9 Determining accuracy of Plea. Notwithstanding the acceptance of a plea of guilty, judgment should not be entered upon such plea without such inquiry on the record as may satisfy the judge that there is a factual basis for the plea. 12.10 Stating Intention to Reject the Plea Agreement. If the court intends to reject the plea agreement, the judge shall, on the record, inform the defendant personally that 1) the court is not bound by any plea agreement; 2) the court intends to reject the plea agreement presently before it; 3) the disposition of the present case may be less favorable to the defendant than that contemplated by the plea agreement; and 4) that the defendant may then withdraw his or her guilty plea as a matter of right. If the plea is not then withdrawn, sentence may be pronounced. 12.11 Record of Proceedings. A verbatim record of the proceedings at which a defendant enters a plea of guilty or nolo contendere shall be made and preserved. The record should include: 1) the inquiry into the voluntariness of the plea (as required in section 12.7); 2) the advice to the defendant (as required in section 12.8); 3) the inquiry into the accuracy of the pleas (as required in section 12.9); and, if applicable, 4) the notice to the defendant that the court intends to reject the plea agreement and the defendant's right to withdraw the guilty plea before sentence is pronounced. 12.12 Plea Withdrawal. After sentence is pronounced, the judge should allow the defendant to withdraw a plea of guilty or nolo contendere whenever the defendant, upon a timely motion for withdrawal, proves that withdrawal is necessary to correct a manifest injustice. In the absence of a showing that withdrawal is necessary to correct a manifest injustice, a defendant may not withdraw a plea of guilty or nolo contendere as a matter of right once sentence has been pronounced by the judge. RULE 13. APPEALS All appeals of trial cases must be made by certiorari to the Superior Court of Fulton County in the manner set forth in Title 5 Chapter 4 of the Official Code of Georgia, amended. All certiorari appeals must be applied for no more than 30 days from the date of disposition. RULE 14. POST-SENTENCE INFORMATION The clerk shall forward all pertinent disposition information that is required by law to the Department of Motor Vehicle Safety. All disposition information on reported arrests shall be forwarded by the clerk to the Georgia Crime Information Center after disposition of the charges. RULE 15. FILING AND MOTIONS 15.1 Preparation of Documents. To the extent practical, all materials presented for filing in this court shall be typed, legibly written or printed in black ink suitable for reproduction, on opaque white paper measuring 8 1\2” X 11" of a good quality, grade and weight. Manuscript covers and backings shall be omitted wherever practical. 15.2 Timely Filing of Motions. All motions should be filed with the clerk and copied to the solicitor no less than 10 days before scheduled trial dates. 15.3 Location of Originals. All original documents, motions and pleadings shall remain in the custody of the clerk except as provided by the judge, these rules, or as otherwise provided by law. 15.4 Maintenance of Files. All files of court cases shall be maintained by the clerk as required by the record retention schedules for the State of Georgia. RULE 16. BONDS AND RECOGNIZANCES This court shall follow rules and procedure pertaining to bonds, bondsmen, judgments absolute, and bond forfeitures as set forth in Title 17, Chapter 6 of the Official Code of Georgia, amended. ** Any other rules not herein enumerated shall be referred to the Uniform Superior Court Rules of Georgia. ** APPENDIX A Code of Conduct for NonJudicial Court Employees Introduction The holding of public employment in the court system is a public trust justified by the confidence that the citizenry reposes in the integrity of officers and employees of the judicial branch. A court employee, faithful to that trust, therefore shall observe high standards of conduct so that the integrity and independence of the courts may be preserved. Court employees shall carry out all duties assigned by law and shall put loyalty to the principles embodied in this Code above loyalty to persons or parties. A court employee shall uphold the Constitution, laws and legal regulations of the United States, the State of Georgia and the City of Smyrna, and never be a party to their evasion. A court employee shall abide by the standards set out in this Code and shall endeavor to expose violations of this Code wherever they may appear to exist. Scope 1) The Code shall apply to all employees who directly or indirectly affect the court’s operation. A suggested listing of such employees would include: court clerks, docket clerks, data processing personnel, bailiffs and judicial secretaries, as well as court managers and their staffs. This list is intended to be illustrative and does not imply that other employees should be omitted. For example, if janitors in the court building have contact with the public or have the authority to purchase supplies for the court, then the Code should apply to these employees as well. 2) This Code is not intended to apply to law clerks, who should be held to a higher standard of conduct, nor to court reporters, who are bound by the “Code of Professional Conduct of the National Shorthand Reporters Association”. 3) The term “court employee” includes within its scope those court employees who are also court managers. 4) The term “court clerk” includes within its scope all court employees who have important supervisory responsibilities. Each jurisdiction must identify the particular court employees who function as managers within that court system. Section One: Abuse of Position A) No employee shall use or attempt to use his or her official position to secure unwarranted privileges or exemptions for the employee or others. B) No employee shall accept, solicit, or agree to accept any gift, favor or anything of value based upon any understanding, either explicit or implicit, that the official actions, decisions or judgment of any employee would be influenced thereby. Gifts that do not violate this prohibition against abuse of position are further regulated in Section Three, Subsection B.6. C) No employee shall request or accept any fee or compensation, beyond that received by the employee in his or her official capacity, for advice or assistance given in the course of his or her public employment. D) No employee shall discriminate by dispensing special favors to anyone, whether or not for remuneration, nor shall any employee so act that the employee is unduly affected or appears to be affected by kinship, rank, position or influence of any party or person. E) Each employee shall use the resources, property and funds under the employee’s official control judiciously and solely in accordance with prescribed statutory and regulatory procedures. F) Each employee shall immediately report to the appropriate authority any attempt to induce him or her to violate any of the standards set out above. Section Two: Confidentiality A) No court employee shall disclose to any unauthorized person for any purpose any confidential information acquired in the course of employment, or acquired through unauthorized disclosure by another. B) Confidential information includes, but is not limited to, information on pending cases that is not already a matter of public record and information concerning the work product of any judge, law clerk, staff attorney or other employee including, but not limited to, notes, papers, discussions and memoranda. C) Confidential information that is available to specific individuals by reason of statute, court rule or administrative policy shall be provided only by persons authorized to do so. D) Every court employee shall report confidential information to the appropriate authority when the employee reasonable believes this information is or may be evidence of a violation of law or unethical conduct. No court employee shall be disciplined for disclosing such confidential information to an appropriate authority. E) The Court Clerk should educate court employees about what information is confidential and, where appropriate, should designate materials as confidential. F) Court employees are not precluded from responding to inquiries concerning court procedures, but a court employee shall not give legal advice. Standard court procedures, such as the method for filing an appeal or starting a small claims action, should be summarized in writing and made available to litigants. All media requests for information should be referred to the court employee designated for that purpose. G) No court employee shall either initiate or repeat ex parte communications from litigants, witnesses or attorneys to judges, or any other person. H) A former court employee should not disclose confidential information when disclosure by a current court employee would be a breach of confidentiality. Section Three: Conflict of Interest A) Every court employee shall avoid conflicts of interest, as defined below, in the performance of professional duties. Even though no misuse of office is involved, such a conflict of interest involving a court employee can seriously undermine the community’s confidence and trust in the court system. Therefore, every court employee is required to exercise diligence in becoming aware of conflicts of interest, disclosing conflicts to the designated authority and ending them when they arise. 1) A conflict of interest exists when the court employee’s objective ability or independence of judgment in the performance of his or her job is impaired or may reasonably appear to be impaired or when the court employee, or the employee’s immediate family, as defined below, or business would derive financial gain as a result of the employee’s position within the court system. 2) No conflict of interest exists if any benefit or detriment accrues to the employee as a member of a profession, business or group to the same extent as any other member of the profession, business or group who does not hold a position within the court system 3) For the purposes of this Code, “immediate family” shall include the following, whether related by marriage, blood or adoption: spouse; dependent children; brother; sister; parent; grandparent; grandchildren; father-in-law; mother-in-law; sister-in-law; brother- in-law; son-in-law; daughter-in-law; stepfather; stepmother; stepson; stepdaughter; stepbrother; stepsister; half-brother; half-sister. B) Prohibited Activities: 1) No court employee shall enter into any contract with the court system for services, supplies, equipment, leases or realty, apart from the employment contract relating to the employee’s position, nor use that position to assist any member of his or her immediate family in securing a contract with the court system in a manner not available to any other interested party. 2) No court employee shall receive tips or other compensation for representing, or assisting or consulting with parties engaged in transactions or involved in proceedings with the court system. 3) No court employee shall participate in any business decision involving a party with whom either the court employee or any member of the employee’s immediate family is negotiating for future employment. 4) No former court employee shall engage in transactions or represent others in transactions or proceedings with the court system for one year after termination of employment in any matter on which the former employee was substantially involved or in any dealings with offices or positions that the former employee once held. 5) No court employee shall knowingly employ, advocate or recommend for employment any member of his or her immediate family. 6) No court employee shall solicit, accept or agree to accept any gifts, loans, gratuities, discounts, favors, hospitality or services under circumstances from which it could reasonably be inferred that a major purpose of the donor is to influence the court employee in the performance of official duties. a) Nothing in this section shall prohibit an employee from accepting a public award presented in recognition of public service. b) Nothing in this section shall prohibit an employee from receiving a commercially reasonable loan made as part of the ordinary transaction of the lender’s business. c) Nothing in this section shall prohibit any person from donating a gift to a group of employees, e.g. all the employees of an office or unit of the court system, provided that the value and circumstances of the gift are such that it could not be reasonably inferred that the gift would influence the employees in the performance of their official duties or that such influence was the purpose of the donor, and provided that any employee accepting such a gift promptly report the gift to the supervisor, who shall be responsible for its proper distribution. Gifts received with the understanding that they will influence employees’ official actions, decisions or judgments are prohibited as abuse of office in Section One, Subsection B. d) Nothing in this section shall prohibit any person or group from donating a gift of historical or other significant value that is given for the benefit of the court system, provided that such a gift is received on behalf of the court system by the appropriate designated authority. C) To secure conformity to the above standards, every court employee who has authority to enter into or to approve contracts in the name of the court system shall file a financial disclosure statement with the appropriate designated authority upon beginning employment in such position, at termination of employment, and annually while so employed. Such disclosure shall include all sources of and contractual arrangements for personal income, including investments and real property, business entity income and business position income held or received by themselves, their spouses or their dependent children, and shall follow the guidelines established by the appropriate designated authority. D) Each full-time court employee’s position with the court system must be the employee’s primary employment. Outside employment is permissible only if it complies with all the following criteria: 1) The outside employment is not with an entity that regularly appears in court or conducts business with the court system. And it does not require the court employee to have frequent contact with attorneys who regularly appear in the court system; and 2) The outside employment is capable of being fulfilled outside of normal working hours and is not incompatible with the performance of the court employee’s duties and responsibilities; and 3) The outside employment does not require the practice of law; and 4) The outside employment does not require or induce the court employee to disclose confidential information acquired in the course of and by reason of official duties; and 5) The outside employment shall not be within the judicial, executive or legislative branch of government without written consent of both employers; and 6) Where a conflict of interest exists or may reasonably appear to exist or where the outside employment reflects adversely on the integrity of the court, the employee shall inform the appropriate designated authority proper to accepting the other employment. Section Four: Political Activity A) Each employee retains the right to vote as the employee chooses and is free to participate actively in political campaigns during non-working hours. Such activity includes, but is not limited to, membership and holding office in a political party, campaigning for a candidate in a partisan election by making speeches and making contributions of time or money to individual candidates, political parties or other groups engaged in political activity. An employee who chooses to participate in political activity during off-duty hours shall not use his or her position or title within the court system in connection with such political activities. B) With the exception of officers of the court who obtain their position by means of election, no employee shall be a candidate for or hold partisan elective office. With the same exception, and employee who declares an intention to run for partisan elective office shall take an unpaid leave of absence upon the filing of nomination papers. If elected, he or she shall resign. An employee may be a candidate for non-partisan office without separating from employment, provided that the employee complies with the requirements of this Code concerning performance of duties, conflicts of interest, etc. C) No employee shall engage in any political activity during scheduled work hours, or when using government vehicles or equipment, or on court property. Political activity includes, but is not limited to: 1) Displaying campaign literature, badges, stickers, signs or other items of political advertising on behalf of any party, committee, agency or candidate for political office; 2) Using official authority or position, directly or indirectly, to influence or attempt to influence any other employee in the court system to become a member of any political organization or to take part in any political activity; 3) Soliciting signatures for political candidacy; 4) Soliciting or receiving funds for political purposes. D) No employee shall discriminate in favor of or against any employee or applicant for employment on account of political contributions or permitted political activities. Section Five: Performance of Duties A) Every court employee shall endeavor at all times to perform official duties properly and with diligence. Every court employee shall apply full-time energy to the business and responsibilities of the employee’s office during working hours. B) Every court employee shall carry out responsibilities as a servant of the public in as courteous a manner as possible. C) Every court employee shall maintain or obtain current licenses or certificates as a condition of employment as required by law or court rule. D) No court employee shall alter, falsify, destroy, mutilate, backdate or fail to make required entries on any records within the employee’s control. This provision does not prohibit alteration or expungement of records or documents pursuant to a court order. E) No court employee shall discriminate on the basis of nor manifest, by words or conduct, bias or prejudice based on race, religion, national origin, gender, sexual orientation or political affiliation in the conduct of service to the court. F) No court employee shall give legal advice or recommend the names of private attorneys. G) No court employee shall refuse to enforce or otherwise carry out any properly issued rule or order of court, nor shall court employees exceed that authority. No court employee shall be required to perform any duties outside the scope of the assigned job description. H) Every court employee shall immediately report violations of this Code to the appropriate designated authority. I) Court employees who are law students, attorneys or members of other professional groups are also bound by the appropriate professional duties of those roles. Section Six: Court Clerk A) The Court Clerk regularly shall update their education. B) The Court Clerk shall require employees subject to their direction and control to observe the ethical standards set out in this Code. C) The Court Clerk shall diligently discharge their administrative responsibilities, maintain professional competence in judicial administration and facilitate the performance of other court employees. D) The Court Clerk shall take action regarding any unethical conduct of which they may become aware, initiating appropriate disciplinary measures against an employee for any such conduct and reporting to the appropriate authorities evidence of any unethical conduct by judges or lawyers. E) The Court Clerk shall not act as a leader in or hold office in any political organization, make speeches for any political organization or publicly endorse a candidate for political office. APPENDIX B INDIGENT DEFENSE PLAN CITY OF MILTON, GEORGIA 1. CREATION OF PLAN: There is hereby created and approved by the City Council of the City of Milton, Georgia, as the governing authority of Milton, a plan for the representation of indigent defendants in criminal cases. 2. DECLARATION OF POLICY: It is the policy of the governing authority to provide the constitutional guarantees of the right to the effective assistance of counsel and equal access to the courts to all citizens in criminal cases and to provide: (a) Adequate defense services for indigent persons accused of crimes; (b) Adequate compensation for counsel of indigent persons accused of crimes; (c) Guidelines to insure that indigent persons receive a fair trial; (d) A system to insure that the responsibility to provide fair and adequate defense to indigent persons is met; (e) That independence of counsel is insured; (f) For defense counsel training to promote economy and competent representation; and (g) Reasonably early entry into indigent cases by counsel so that the indigent accused shall be represented prior to any critical stage of the prosecution. 3. THE ADMINISTRATOR FOR THE PLAN: (a) The administration of the system for providing legal representation for indigent defendants in criminal cases shall be the responsibility of the administrator of the Indigent Defense Plan, hereinafter referred to as the Administrator. The Administrator shall be an employee of the City of Milton, and appointed by the Chief Judge of the Milton Municipal Court. The Administrator shall perform such duties and assignments as are prescribed by the City of Milton in addition to those specified herein: a. The Administrator shall within a reasonable period of time following the arrest and detention of any person, appoint counsel for those who are indigent and without counsel and who wish to have council appointed for them; b. Clearly advise the detained person of his or her right to have counsel and that if he or she cannot afford a lawyer, one will be appointed to represent him or her; and c. Allow or assist a person claiming to be indigent and without counsel immediately to complete an application for appointment of an attorney and a certificate of financial resources for a determination of indigency. (b) The financial eligibility of a person applying for an appointed lawyer shall be determined by the administrator of the Indigent Defense Plan. (c) Upon a determination of indigency, the administrator shall immediately appoint an attorney to represent that defendant and shall notify the attorney, the indigent defendant, the Solicitor, and the Custodian of the jail if defendant is still in custody, of the appointment. The original authorization of appointment shall be filed with the clerk’s office file along with the original accusation or warrant; a copy of the authorization shall be forwarded to the lawyer appointed to represent the defendant, the indigent defendant himself, and the Solicitor. (d) A defendant who is brought before a judicial officer within forty-eight (48) hours of his arrest, if he is advised of his right to appointed counsel, is permitted orally to request the appointment of counsel, and be questioned as to his financial eligibility, and upon determination made by the judicial officer of the eligibility of the defendant, a lawyer may be appointed immediately for that defendant without the requirement of a written application. In such case, notice shall be given as specified above. 4. POWERS AND DUTIES OF THE INDIGENT DEFENSE PLAN ADMINISTRATOR: COUNSEL: (a) The Administrator shall create and maintain a list or roster of private attorneys who shall be qualified to represent defendants in criminal cases and who shall be appointed to do so according to the following criteria: (1) Appointment of private attorneys shall be made on an impartial and equitable basis; (2) The cases shall be distributed among the attorneys to insure balanced work loads through a strict rotation system; (3) More difficult or complex cases shall be assigned to attorneys with sufficient levels of experience and competence to afford adequate representation; (4) Less experienced attorneys should be assigned cases which are within their capabilities, but should be given the opportunity to expand their experience under supervision; and (b) All members of the State of Georgia Bar Association who desire to practice in the City of Milton are subject to being included on the list or roster of attorneys to whom indigent criminal defense cases can be appointed. (c) The Administrator shall operate the plan so as to insure that the counsel appointed for indigent defendants shall be politically autonomous and free from influence, guidance, or control from any other authority in the discharge of his or her professional duties within the bounds of the law and the code of professional responsibility. (d) The Administrator shall select only competent lawyers to represent criminal defendants and their competence and effectiveness on the job shall be monitored and assessed. Indicators of performance are: (1) Early entry into representation of the client; (2) Vigorous and independent representation of the client; (3) Participation in training activities and continuing legal education; and (4) Effective and reasonable use of time and resources. (e) In selecting lawyers to participate in the Indigent Defense Plan, the Administrator shall satisfy her/himself that the lawyer selected is competent, meaning: (1) Has adequate educational background; (2) Has demonstrated ability to perform competent trial work; (3) The lawyer conducts his professional work in an ethical manner; and (4) Is a member in good standing of the State Bar of Georgia. 5. THE ROLE OF LAW ENFORCEMENT: Any law enforcement authority having custody of any person shall: (a) Allow a person claiming to be indigent and without counsel to complete an application for an attorney and certificate of financial resources and forward that application to the administrator of the Indigent Defense Plan for a determination of indigency or not; (b) Advise detained persons of their right to have counsel and if they cannot afford a lawyer that one will he appointed to assist them; (c) Accomplish these procedures within a reasonable time after arrest and detention; and (d) Attempt to contact the Administrator for the completion of an application for an attorney and certificate of financial resources. 6. FINANCIAL ELIGIBILITY: (a) Eligible accused persons include all applicants for an attorney with net income below a level set by the Georgia Indigency Defense Council according to Federal Health and Human Services guidelines and revised periodically. (b) The following special needs of a family unit may be deducted from net income in determining eligibility: (1) Child care expenses for working custodial parent; (2) Legally required support payments to dependents, including child support; (3) Unusual, excessive, or extraordinary medical or other expenses. (c) Definitions: (1) "Net income" shall include only a client's take home pay, which is the gross income minus those deductions required by law or as a condition of employment; (2) "Family unit" includes the defendant, spouse (if living together), any minor children who are unemployed and living at home, and any infirm or permanently disabled person living with the defendant for whom the defendant has assumed financial responsibility. The income of a minor child who is attending school full time, but has after school employment or does odd jobs, shall not be attributed to or included in the income of the family unit. Other persons, if living in the same household, with the defendant, may be deemed a member of the family unit. (d) Regardless of prima facie eligibility on the basis of income, a person who has sufficient assets that are easily converted to cash by sale or mortgage may not be qualified for representation if it would not impose a substantial financial hardship to convert those assets to cash. (e) Counsel may be appointed for any accused who is unable to obtain counsel due to special circumstances such as emergency, hardship, or a documented refusal of the case by members of the private bar because of financial inability to pay legal fees. 7. APPOINTMENT OF COUNSEL: (a) Counsel shall be appointed for every eligible person in custody within a reasonable period of time of arrest or detention. (b) A person released from custody requesting an attorney, who has not been appointed a lawyer, shall be notified before arraignment of the right to receive Court appointed counsel and the procedure to be followed to have eligibility determined and counsel appointed. (c) A determination of indigent status of a criminal defendant will be made within a reasonable period of time of arrest for all defendants who have not made bond, and immediately following request for application for all other defendants. This determination will be made by the Administrator using the form set out in USCR 29.3 and the standard of eligibility set out in O.C.G.A. §17-12-10 and USCR 29.6 Uniform Eligibility Guidelines. An attorney appointed shall be notified by telephone or in writing within a reasonable period of time of the appointment. 8. RESPONSIBILITIES OF COUNSEL: (a) An attorney appointed to represent an indigent defendant shall contact the defendant within a reasonable period of time after receipt of the appointment, especially if the defendant is in custody. (b) Counsel shall actively represent his client at every stage of the criminal proceeding. (c) Counsel shall represent his client vigorously within the bounds of the law and ethical conduct. (d) Counsel shall at all times perform his role as counsel independently. (e) Counsel shall responsibly manage and account for his time in rendering services under the plan. 9. RATES OF COMPENSATION: (a) Hourly rates: Lawyers will be paid $45.00 per hour for out-of-court time reasonably spent in the investigation and preparation of the case; and will be paid $65.00 per hour for in- court time, including, but not necessarily limited to, time reasonably expended at calendar calls, arraignments, motion hearings, and actual trial time. (b) The Administrator will review and authorize for payment of the vouchers submitted by appointed attorneys for amounts not to exceed $300.00. (c) In the event of a voucher which exceeds the guideline maximum set forth above, the Administrator may call on the attorney submitting that voucher to justify that portion of the voucher in excess of the proposed fee guideline. (d) In the event that the attorney is unable to justify the voucher to the satisfaction of the Indigent Defense Administrator, then the Administrator shall seek to find a compromise figure acceptable to the City and the attorney. (e) In the event that the Indigent Defense Plan Administrator and the attorney submitting the voucher cannot resolve or compromise their differences regarding the payment of the fee, then the voucher will be submitted to the trial judge, or in the case of a guilty plea to the sentencing judge, who shall review the voucher for payment and resolve the fee dispute, taking into account, among other things, the nature and complexity of the case and the legal and factual issues involved. The decision of the trial judge shall be final and not subject to review in any other place. 10. REIMBURSEMENT OF ATTORNEY'S FEES BY DEFENDANT: (a) All attorneys appointed under this plan to represent criminal defendants shall be paid from City funds under the provisions of this plan. (b) When the sentencing judge deems it appropriate under O.C.G.A. §17-12-10 and 11 or §17-12-40 that a defendant should reimburse the city for the attorney's fees and expenses incurred under this plan, the Court may order that reimbursement to the City as part of the judgment of conviction and sentence in the case. IN THE MUNICIPAL COURT OF THE CITY OF MILTON STATE OF GEORGIA ORDER WHEREAS, pursuant to The Code of Milton, State of Georgia, Section 5.13 of the Charter, the Judge shall have full power and authority to make reasonable rules and regulations necessary and property to secure the efficient and successful administration of the municipal court. IT IS THEREFORE THE ORDER of this Honorable Court that the Uniform Rules of the Milton Municipal Court be adopted this day of ,20 nunc pro tunc to the day of ,20_______. Municipal Court Judge City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of an Ordinance to amend Chapter 4, Municipal Court, of the City of Milton Code of Ordinances MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION., (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NO T A PPRO VED CITY A TTORNEY� REQUIRED: (j YES () NO APPROVAL BY CITYATTORNEY ()APPROVED (j NOTAPPROVED PLACED ON AGENDA FOR: REMARKS: City of Milton To: Honorable Mayor and City Council Members From: Jeanette Marchiafava, City Clerk and Clerk of the Court Date: March 1, 2007 for Submission onto the March 15, 2007 City Council Meeting and the April 12, 2007 for Second Reading Agenda Item: Ordinance to amend Chapter 4, Municipal Court, of the City of Milton Code of Ordinances CMO (City Manager’s Office) Recommendation: To approve the attached ordinance to amend the City of Milton Code of Ordinances, Chapter 4 Municipal Court. Background: There are statements in Chapter 4 that could be construed to be conflicting with regulations for municipal courts set forth in the Official Code of Georgia Annotated (Title 36, Chapter 32). Discussion: The attached ordinance amends Chapter 4, in various sections to correct spelling and so that the wording does not appear to be in conflict with State regulations for municipal courts. Alternatives: N/A Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager ORDINANCE NO. 07- STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 4, MUNICIPAL COURT, OF THE CODE OF ORDINANCES FOR THE CITY OF MILTON, GEORGIA AS ATTACHED HERETO AND INCORPORATED HEREIN BE IT ORDAINED by the City Council of the City of Milton, GA while in regular session on ____, April, 2007 at 7:00 p.m. as follows: SECTION 1. That the ordinance relating to the Municipal Court shall reflect the changes included in the attachment hereto as if fully set forth herein; SECTION 2. All Ordinances, parts of ordinances, or regulations in conflict herewith are hereby repealed; and SECTION 3. That this ordinance is hereby adopted and approved; and SECTION 4. This ordinance shall become effective upon signing. ORDAINED this the ______ day of April, 2007 _______________________________ Joe Lockwood, Mayor Attest: ______________________________ Jeanette R. Marchiafava, City Clerk (Seal) Page 1 of 5 Chapter 4: Municipal Court Article 1: General Provisions Section 1: Creation of the Court In accordance with Article V, Judicial Branch, Section 5.10, Municipal Court of the Charter, the City hereby creates the Municipal Court of the City of Milton. The powers and jurisdiction of said Court are described in Article V, Judicial Branch of the Charter. Section 2: Judges (a) In accordance with Article V, Judicial Branch, Section 5.11, Judges, the Council shall appoint a chief judge and such part-time, full-time, or stand-by judges as needed by ordinance. Compensation shall be fixed by the Council. (b) The Municipal Court Chief Judge shall serve a term of four (4) years, coincident with the term of the mayor and may be reappointed to consecutive terms thereafter. (d) Judges appointed for the Municipal Court may be removed from office in accordance with Article V, Judicial Branch, Section 5.11, Judges by a vote of five members of the city council or upon action taken by the Judicial Qualification Commission. (e) Municipal Court Judges, in addition to the powers conferred upon them by the Charter, shall have the powers as conferred upon Magistrates by O.C.G.A. 15-10-2 and O.C.G.A.36-32-3. Section 3: Additional Personnel (a) Clerk of the Court. The City Manager shall appoint the Municipal Court Clerk, who shall serve at the pleasure of the City Manager. The Clerk of the Court shall also serve as Administrator of the Court. (b) Police Officers of the City of Milton Police Department, the Fulton County Police Department, or the Fulton County Sheriff’s Department or any other law enforcement officer may execute warrants and other writs in furtherance of the Court’s jurisdiction and orders. (c) Bailiff. At least one Police Department Officer or Officer from the Fulton County Sheriff’s Department {or other qualified security personnel} will serve as a Bailiff whenever the Municipal Court is in session. (d) Solicitor. In accordance with Section 4.12 of the Charter, the City Attorney may be the prosecuting officer or solicitor in the Municipal Court. The City Council may also, from time to time, appoint and contract with other attorneys who are members of the State Bar of Georgia to serve as a prosecuting attorney in Municipal Court. The compensation of said attorney or attorneys shall be determined by the Council. Page 2 of 5 Section 4: Additional support (a) Indigent Defense. The City of Milton shall provide indigent defendants with counsel as provided by state law. The City’s indigent defense plan is set forth in the Rules of Court as approved by the Mayor and Council. (b) Translator. The City of Milton may provide translation services as required by state law. Section 5: Court Sessions The Court shall be in session at such times and dates as determined by the Clerk of the Court, as court administrator, to keep the dockets current. Section 6: Court Fees (a) In accordance with Article V, Judicial Branch, of the Charter, the council has authority to establish a schedule of reasonable fees to defray the cost of operation of the municipal court. (b) The Council shall set City fines for violations of City ordinances. Article 2: Trials and Judgments Section 1: Rules The Municipal Court Judges shall adopt specific rules of procedure which must be approved by the Mayor and City Council. No rules shall be inconsistent with the laws of Georgia or the Constitution of the United States. Such rules shall be made available on the City website or by other means determined by the Council. Section 2: Contempt of Court The Court may find persons in contempt of court and punish said persons in accordance with Section 5.13 of the Charter. Section 3: Fines (a) For fines that may be due by any defendant, execution may be issued by the Court Clerk and collected as provided by law. The Municipal Court shall have the discretion to enter fines consistent with this Code of Ordinances, Georgia and federal law. (b) Persons charged with traffic violations or other offenses as specified by the judge may, prior to the time for their court appearance, plead guilty in writing and pay to the City as their fine the amount set as the appearance bond for the offense charged. These fines will be forfeited as provided by State Law. Those persons charged with driving under the influence of alcohol or Page 3 of 5 drugs and other serious offenses, as determined by the Municipal Court Judge, shall be required in all cases to appear before the court for disposition of the case. Section 4: Sentences In addition to any applicable fines, and upon a judgment or plea of guilty or pre-trial diversion, the Municipal Court Judge may impose sentence of confinement, compulsory work, or both; commit the defendant to confinement, compulsory work or both; suspend the execution of the sentence in whole or in part; place the defendant on probation; or defer the execution of the sentence or any portion or portions thereof to one or more fixed dates in the future. The court may punish for violations within its jurisdiction not exceeding a fine allowable by state law or imprisonment for not exceeding state law, or both; except as otherwise provided by this Code of Ordinances or State Law. Section 5: Appeals Unless specified elsewhere in the Code or Charter, all appeals from decisions of the Municipal Court shall be appealable, by right of certiorari, to the Superior Court of Fulton County under the laws of Georgia regulating the granting and issuance of writs of certiorari. Article 3: Bail Section 1: General Provisions Bail and bond considerations must be consistent with Article V, Judicial Branch, of the Charter and laws of the State of Georgia. Section 2: Minor Traffic Offenses (a) Pursuant to O.C.G.A. § 17-6-11 any person cited for a traffic offense shall be released in lieu of bail upon showing his or her drivers license. This provision does not apply to any charge of driving under the influence or other serious offenses designated by the municipal judge. (b) All persons arrested or notified by citation or ticket of parking violations shall be released on their own recognizance. Section 3: Professional Bondsmen No professional bondsman shall be accepted as surety on a bail bond unless he holds a current business license in the City, is approved by the Chief of Police, and has fully complied with all other City requirements for bonding companies. Section 4: Failure or Refusal to Give Bond Page 4 of 5 If the accused or a witness shall fail or refuse to give the bond and security as required under this Article, the person so failing or refusing may be confined or kept under guard, so as to be present to abide the trial or to testify as the case may be. Article 4: Court Procedures Section 1: Issuance of summons Any member of the department of police, the solicitor or assistant solicitor of the municipal court, in all cases where a complaint is made or information is obtained of any violation of any provision of this Code or other laws or ordinances of the city, shall issue a summons, directed to the accused, requiring the accused to appear before the municipal court to answer this charge. The summons shall designate the time and place of trial the required appearance and shall be signed by the member of the department of police, solicitor, or assistant solicitor issuing it, and a copy thereof shall be served upon the accused either personally or by leaving the copy at the accused's place of residence. Section 2: Failing to appear to answer summons It shall be unlawful for any defendant lawfully summoned to answer charges in the municipal court to either fail, neglect, or refuse to appear at the time and place specified in the summons or fail to provide a satisfactory explanation for this absence. The trial may be continued to such time as the municipal court may direct, and the court shall issue an order requiring the police chief or other members of the department of police to arrest the defendant and bring the defendant before the court to answer both the initial charges and the charge for failing to appear at trial. The chief of corrections shall keep the defendant in custody until the defendant is brought before the court, unless the defendant posts bond for appearance, as provided by law. Section 3: Issuance of subpoenas Whenever the attendance of any witness may be required before the municipal court to establish any fact, the clerk of the municipal court shall issue a subpoena directed to the witness, stating the time and place of trial and the parties to the case, which shall be served as other process by the police chief or other police officers. Section 4: Witness failing or refusing to obey subpoena. If any person lawfully summoned as a witness before the municipal court shall fail, neglect, or refuse to attend the trial for which the person has been summoned or fail to provide a satisfactory explanation for this absence, the person may be cited for contempt and be fined in a sum not to exceed the maximum amount allowed by state law. If the cause is continued because of the absence of this person, the court may issue attachment against the person requiring the person to show cause on the day appointed for trial why the person should not be cited for contempt. The police chief or other police officer shall, by virtue of the attachment, arrest the person and keep the person in Page 5 of 5 custody until the person is brought before the court, unless the person posts bond for appearance, as provided by law. Section 5: Contempt Any person who, during a sitting of the municipal court, shall be guilty of contempt of court or who refuses to abide by an order of the court or sentence may be punished as provided in Article V, Judicial Branch, Section 5.13, Powers of the Charter. City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of an Ordinance to Amend Chapter 11, Business Occupation Tax, Licenses, and Regulations to adopt regulations for licensing of hail bondsmen MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:Jr) APPROVED CITY ATTORNEY REQUIRED: YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: REMARKS: () NOTAPPROVED () NO () NOTAPPROVED City of Milton To: Mayor and City Council Members From: Jeanette Marchiafava, City Clerk and Clerk of the Court Date: February 27, 2007 for Submission onto the March 15, 2007 City Council Meeting and the April 12, 2007 City Council Meeting Agenda Item: Ordinance to Amend Chapter 11, Business Occupation Tax, Licenses, and Regulations to adopt regulations for licensing of bail bondsmen CMO (City Manager’s Office) Recommendation: To approve the attached ordinance to adopt regulations for licensing of bail bondsmen. Background: Chapter 4, article 3, section 3 of the City Code of Ordinances states that “ no professional bondsman shall be accepted as surety on a bail bond unless he holds a current business license in the City, is approved by the Chief of Police, and has fully complied with all other City requirements for bonding companies”. Chapter 11 of the City Code of Ordinances provides regulations for licensing of businesses in the City of Milton, and currently includes no regulations for bail bondsmen. Discussion: Chapter 11 of the City Code of Ordinance is to be amended to include regulations for the licensing of bail bondsmen. The regulations for licensing of bail bondsmen have been developed using state law and the City of Milton regulations for businesses, in a manner comparable to regulations of other local cities. Alternatives: N/A Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager ORDINANCE NO. STATE OF GEORGIA COUNTY OF FULTON AN ORDINANCE TO AMEND CHAPTER 11, BUSINESS OCCUPATION, 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 Council meeting on the _____ day of April, 2007 at 7:00 p.m. as follows: SECTION 1. That the Ordinance relating to amending Chapter 11, Business Occupation Tax, Licenses & Regulations 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 ____ day of April, 2007. _______________________________ Joe Lockwood, Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) Page 1 of 30 Chapter 11: Business Occupation Tax, Licenses, and Regulation Article 1: Business and Occupation Taxes. *State law reference(s) Business and occupation taxes, O.C.G.A. §48-13-5 et seq. Section 1: Definitions Unless specifically defined elsewhere, as used in this Article, the term: (a) “Administrative fee” means a component of an occupation tax that approximates the reasonable cost of handling and processing the occupation tax. (b) Except as otherwise provided in subparagraph (i) of this paragraph, “Employee” means an individual whose work is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or state income tax from such individual’s compensation or whose employer issues to such individual for purposes of documenting compensation a form W-2, but not a form I.R.S. 1099. (c) “Gross receipts” (i) “Gross receipts” means total revenue of the business or practitioner for the period, including without being limited to the following: (A) Total income without deduction for the cost of goods sold or expenses incurred; (B) Gain from trading in stocks, bonds, capital assets, or instruments of indebtedness; (C) Proceeds from commissions on the sale of property, goods, or services; (D) Proceeds from fees charged for services rendered; and (E) Proceeds from rent, interest, royalty, or dividend income. (ii) Gross receipts shall not include the following: (A) Sales, use, or excise taxes; (B) Sales returns, allowances, and discounts: (C) Inter-organizational sales or transfers between or among the units of a parent subsidiary controlled group of corporations, as defined by 26 U.S.C. Section § 1563(a)(2), or between or among wholly owned partnerships or other wholly owned entities; Page 2 of 30 (D) Payments made to a subcontractor or an independent agent for services which contributed to the gross receipts in issue; (E) Governmental and foundation grants, charitable contributions or the interest income derived from such funds, received by a nonprofit organization which employs salaried practitioners otherwise covered by this chapter, if such funds constitute eighty percent (80%)or more of the organization’s receipts and (F) Proceeds from sales of goods or services which are delivered to or received by customers who are outside the state at the time of delivery or receipt. (d) “License” shall mean a permit or certificate issued by the City Treasurer that allows an entity to operate lawfully in the City of Milton. A license does not create any rights to operate in violation of any provision of this Code of Ordinances and it may be revoked by the Mayor and City Council at any time. This definition applies to any license issued pursuant to this Chapter. (e) “Location or office” shall include any structure or vehicle where a business, profession, or occupation is conducted, but shall not include a temporary or construction work site which serves a single customer or project or a vehicle used for sales or delivery by a business or practitioner of a profession or occupation which has a location or office. The renter’s or lessee’s location which is the site of personal property which is rented or leased from another does not constitute a location or office for the personal property’s owner, lessor, or the agent of the owner or lessor. The site of real property which is rented or leased to another does not constitute a location or office for the real property’s owner, lessor, or the agent of the owner or lessor unless the real property’s owner, lessor, or the agent of the owner or lessor, in addition to showing the property to prospective lessees or tenants and performing maintenance or repair of the property, otherwise conducts the business of renting or leasing the real property at such site or otherwise conducts any other business, profession, or occupation at such site. (f) “Occupation tax” means a tax levied on persons, partnerships, corporations, or other entities for engaging in an occupation, profession, or business. (g) “Practitioner of professions and occupants” shall not include a practitioner who is an employee of a business, if the business pays an occupation tax. (h) “Regulatory fees” means payments, whether designated as license fees, permit fees, or by another name, which are required by the City of Milton as an exercise of its municipal power and as a part of or as an aid to regulation of an occupation, profession, or business. The amount of a regulatory fee shall approximate the reasonable cost of the actual regulatory activity performed by the City of Milton. A regulatory fee does not include an Page 3 of 30 administrative or registration fee. Regulatory fees do not include required occupation taxes for businesses and professions located in the City of Milton. State law reference(s) - Define generally, O.C.G.A. §48-13-5 Section 2: Business License Required. (a) All persons, firms, companies, or corporations, including limited liability companies and professional corporations, now or hereafter operating a business in the City of Milton, are hereby required to register their business or office, obtain an occupation tax certificate for their business or office, and pay the amount now or hereafter fixed as taxes and fees thereon as authorized under the provisions of Chapter 13 of Title 48 of the Official Code of Georgia, Annotated, as amended by Ga. L. 1993, p. 1292. (b) The occupation tax certificate shall serve as a business license. Additional business licenses may be required as established in this Chapter. (c) Stock or manufacturing companies or other companies, subsidiaries, agencies, district offices, branch offices, corporations or individuals, having either their business proper or their general branch offices located within the City of Milton, and either represented by the officers of the company, or any agent, for the purpose of soliciting patronage for the same, or for the transaction of any business pertaining thereto, shall be required to obtain an occupation tax certificate. (d) All licenses granted under this Article shall expire on December 31 of each year. Licensee(s) shall be required to file an application in each ensuing year. The applicant shall be required to comply with all rules and regulations for the issuance of license(s) as if no previous license(s) had been held. State law reference(s) - Levy of occupation tax, O.C.G.A. § 48-13-6. Section 3: Fee; basis. (a) Except as otherwise provided in this Article, every business and practitioner subject to this Article shall pay a tax based on the gross receipts of such business (the “occupation tax”). (b) The gross receipts fee schedule (see Exhibit B-Fee Schedule) shall be followed in the calculation of the occupational tax. The fees shall be based on the North American Industry Classification System (NAICS) code of the business. (c) Home based business (limit of one employee) shall pay a flat rate fee (see Exhibit B-Fee Schedule). Page 4 of 30 (c) The fees described in this section are adopted for the calendar year 2007 and shall continue in full force and effect until modified by action of the Mayor and City Council. (d) All businesses and occupations, other than those practitioners, listed in Section 9 of this Article shall be assessed a nonrefundable administrative fee for handling and processing business occupation tax registrations, which is a component of the occupation tax for new and existing businesses and is separately identified in the registration process. Section 4: Application for Registration (a) It shall be the duty of each person, firm or corporation subject to this Article, to file with the City of Milton Treasurer’s Office on or before January 31 of each calendar year an application for registration under this Article setting forth all activities of each business, its NAICS code and/or its revenue code, its estimated gross receipts for the calendar year of the registration, computation of the amount of tax due including the administrative fee and per employee tax, a copy of the profit and loss statement, a copy of its Georgia Income Tax Return, and such other information as may be required by the City of Milton Treasurer’s Office to properly administer this Article, including the information specified in Section 6 of this Article. For businesses or practitioners with more than one type of service or product, including businesses or practitioners listed under and subject to O.C.G.A. 48-13-1 et seq., the entire gross receipts shall be classified according to the dominant service or product based upon the information provided under subsection (a) hereof. (b) Each business or practitioner with a location or office situated in more than one jurisdiction, including businesses or practitioners with one or more location or office in Georgia and one or more location outside the state, the City of Milton shall allocate the gross receipts as follows for occupation tax purposes in accordance with the following: (i) Where the business or practitioner can reasonably allocate the dollar amount of gross receipts of the business or practitioner to one or more of the locations or offices on the basis of product manufactured in that location or office or the sales or other serviced provided in that location or office, the City of Milton shall tax the gross receipts generated by the location or office within the State of Georgia; or (ii) Where the business or practitioner cannot reasonably allocate the dollar amount of gross receipts among multiple locations or offices, the business or practitioner shall divide the gross receipts reported to all local governments in this state by the number of locations or offices of the business or practitioner which contributed to the gross receipts reported to any local government in this state, and shall allocate an equal percentage of such gross receipts of the business or practitioner to each location or office. Page 5 of 30 (iii) In no instance shall the sum of the portions of the total gross receipts of a business or practitioner taxed by all local governments exceed 100 percent of the total gross receipts of the business or practitioner. (iv) In the event of a dispute between the business or practitioner and Milton as to the allocation under this code section, the business or practitioner shall have the burden of proof as to the reasonableness of this allocation. (v) Upon request, businesses or practitioners with a location or office situated in more than one jurisdiction shall provide to the City of Milton the following: (A) Financial information necessary to allocate the gross receipts of the business or practitioner, and (B) Information relating to the allocation of the business’s or practitioner’s gross receipts by other local governments. (C) When the City of Milton levies an occupation tax on a business or practitioner which has locations encompassed by other jurisdictions and the other jurisdictions use different criteria for taxation, the City of Milton shall not tax any greater proportion of the gross receipts than authorized by the law. (D) For each business and practitioner with no location or office within the State of Georgia, but which: (1) Has one or more employees or agents who exert substantial efforts within the City of Milton for the purpose of soliciting business or serving customers or clients; or (2) Owns personal or real property which generates income and which is located in the City of Milton, gross receipts of such business or practitioner for purposes of this section shall include only those gross receipts reasonably attributable to sales or services in the State of Georgia. If such business or practitioner provides to the City of Milton Treasurer’s Office proof of payment of a local business or occupation tax in another state which purports to tax the business’s or practitioner’s sales or services in the State of Georgia, the business or practitioner shall be exempt from this Article. (c) Real estate brokers transacting business within the corporate boundaries of the City of Milton are subject to this article. Real estate brokers shall be liable for tax only on gross receipts arising from transactions involving real estate located within the corporate boundaries of the City of Milton. Real estate brokers shall be liable for such taxes without regard to their having a location or office in the City. Page 6 of 30 (d) The provisions of this section may be amended from time to time by ordinance of the Mayor and City Council for the purpose of providing for exceptions to business and occupation taxes as provided under O.C.G.A. §48-13-10(f). State law reference(s) - Code 1981, § 4843-14, enacted by Ga. L. 1993, p. 1292, § 7; Ga. L. 1995, p. 419, § 1; Ga. L. 1999, o. 749, § 5. Section 5: Payment of fee; separate locations; refunds. (a) Following the filing of the application as provided for in Section 4 of this Article, each business or professional practitioner subject to this code shall remit payment in full for all taxes and fees due not later than January 31 of the year in which the application is filed. Each person, firm or corporation operating under various trade names must secure a separate occupation tax certificate for each trade name issued. In addition, a separate occupation tax certificate must be secured for each business location. (b) Certificate applicants for trade names and for separate business locations shall pay the nonrefundable administrative fee imposed hereby, in addition to the tax imposed by Section 3 of this Article. In the event a business ceases to operate after the issuance of an occupation tax certificate, no refund of the fee or tax shall be granted. (c) Except as provided in subsection (b), the refund of the occupation tax levied herein is governed by O.C.G.A. § 48-5-380. State law reference(s) - O.C.G.A. § 48-5-380. Section 6: Inspection of Records. (a) It shall be the duty of all businesses subject to the tax and administrative fee imposed by Section 3 of this Article with the exception of those businesses and practitioners electing to proceed under Section 9 of this Article, to maintain and to provide as a part of their business occupation tax registration such records as will establish gross receipts as herein defined, including but not limited to, profit and loss statements prepared on a calendar year basis, and method of allocation of revenue for businesses and practitioners maintaining locations in other counties and municipalities, if applicable. Such businesses and practitioners shall also make available for inspection by representatives of the City of Milton Treasurers’ Office all reports submitted to the sales tax unit of the Georgia Department of Revenue showing sales taking place in Georgia and other tax returns showing gross receipts. (b) Lending institutions and any other organization engaged in the lending of money at interest and/or for a fee or commission and otherwise subject to the requirements of this Article shall provide, for each lending transaction, a loan term sheet or other summary showing the amount of such loan, the interest rate thereon, and total fees, interest and/or commissions to be charged on such loan, assuming payment in the normal course of business. Page 7 of 30 Section 7: Termination of Business. It shall be the duty of each business and practitioner subject to fees and occupation taxes under this Article when it shall cease to do business or practice to return its current occupation tax certificate, together with a statement as to the date of termination of doing business or practice to the City of Milton Treasurer’s Office. Section 8: Commencement of business after January 1 Businesses and practitioners which do not commence operation by January 1, of any year, shall pay the amount of administrative fees and occupation taxes set forth in this Article based on anticipated revenue for the balance of the calendar year as provided in Section 4 of this Article. Such payments shall be due and payable thirty (30) days following the commencement of the business. Section 9: Professional occupation tax. Notwithstanding any other provision of this Article there is hereby imposed upon practitioners of law, medicine, osteopathy, chiropractic, podiatry dentistry, optometry, applied psychology, veterinary, landscape architecture, land surveying, massage therapy and physiotherapy, public accounting, embalming, funeral directing, civil mechanical, hydraulic and electrical engineering, architecture, marriage and family therapists, social workers, and professional counselors, as their entire occupation tax one of the following, at the practitioner’s election: (a) The occupation tax resulting from application of the other provisions of this Article; or (b) The practitioner shall elect to pay a flat fee for each year for the year 2006 and subsequent years, but a practitioner paying according to this shall not be required to provide information relating to the gross receipts of such practitioner. For the purposes of this section, a “practitioner” shall include any individual holding license to practice any of the professions specified herein regardless of whether such individual shall practice as a professional corporation or professional association. Section 10: Transfer, suspension, revocation. (a) Transfer. No certificate issued hereunder may be transferred. Any new business or practitioner shall apply and register for a new certificate within thirty (30) days after the commencement of business. (b) Revocation. (i) Each certificate granted hereunder shall be subject to suspension or revocation for violation of any current or future rule or regulation of this Code, the Code of Ordinances for Fulton County, or state or federal law. Page 8 of 30 (ii) Notice (A) Whenever, in the opinion of the City of Milton, there is cause to suspend or revoke this certificate, a written notice of intention to suspend or revoke the certificate shall be furnished to the holder thereof. A hearing will be scheduled wherein the certificate holder may present his/her case before the Mayor and City Council or such board as the Mayor and City Council may designate. (B) After the hearing the Mayor and City Council or its designate may suspend or revoke this certificate if the grounds set forth below in subsection (C) exist or in the Mayor and City Council’s discretion if the establishment is a threat or nuisance to public health, safety or welfare. (C) The decision to suspend or revoke a certificate issued under this Article shall be solely within the discretion of the Mayor and City Council or such board as the Mayor and City Council may designate. An occupation tax certificate may be suspended or revoked upon one or more of the following grounds, but is not limited to: (1) The certificate holder is guilty of fraud in the business or occupation he/she practices, or fraud or deceit in being licensed to practice in that area; (2) The certificate holder is engaged in his/her business or occupation under a false or assumed name, or is impersonating another practitioner of a like or different name; (3) The certificate holder is addicted to the habitual use of intoxicating liquors, narcotics, or stimulants to such an extent as to incapacitate such person to the extent that he/she is unable to perform his/her duties; (4) The certificate holder is guilty of fraudulent, false, misleading, or deceptive advertising or practices; (5) The certificate holder has been convicted of or has pled guilty or nolo contendere to any sexual offense as set out in Title 16, Chapter 6 of the Official Code of Georgia Annotated, or to any offense involving the lottery, illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property, for a period of five (5) years immediately prior to the filing of the application. If after having been granted a certificate, the applicant is found not to be of good moral character, or pleads Page 9 of 30 guilty or enters a plea of nolo contendere to any of the above offenses, said certificate shall be subject to suspension and/or revocation; (6) The application contains materially false information, or the applicant has deliberately sought to falsify information contained therein; or (7) The establishment is a threat or nuisance to public health, safety or welfare; or (8) any other violation of this Ordinance. Section 11: Payment; penalty for late payment; issuance of executions against delinquent taxpayers (a) Any occupation tax with its associated administrative fees hereunder, shall be due and payable by January 31 of each calendar year. If the business or practice was not in operation on January 1, the occupation tax with its associated administrative fees shall be due and payable 30 days following the commencement of business pursuant to Section 8 of this Article. The City shall assess a penalty in the amount of ten percent (10%) of the amount owed for each calendar year or portion thereof for: (i) Failure to pay occupation taxes and administrative fees when due; (ii) Failure to file an application by January 31 of any calendar year, when the business or practitioner was in operation the preceding calendar year, and/or (iii) Failure to register and obtain an occupation tax certificate within thirty (30) days of the commencement of business. (b) Delinquent taxes and fees are subject to interest at a rate of one and one-half percent (1.5%) per month. Payments required by the Article herein may be collected in any suit at law or in equity, or the City may cause executions to issue against the person, firm or corporation liable for the payment. Executions shall be levied and sold together with all costs thereof, by the City, or City’s designee, as ex-officio sheriff of the county. In addition, any person whose duty it is to register any business or practice and obtain any occupation tax certificate and fails to do so, or who fails to pay the occupation tax or administrative fee required by this Article, or who makes any deliberate or substantial and material false statement on an application or provides materially false information in support of an application, shall be denied an occupation tax certificate, shall be required to surrender any existing such occupation tax certificate and be deemed to have no such occupation tax certificate for purposes hereof, and shall be subject to a civil fine according to the maximum amount allowable under state law. Page 10 of 30 (c) No business and/or practitioner subject to this Article shall collect any gross receipts as defined herein unless such business and/or practitioner shall have applied for a business tax certificate and/or license as required hereunder. Upon application for a business tax certificate, any such business and/or practitioner may thereupon collect gross receipts, including those incurred but not collected during the period prior to the application, but such business and/or practitioner shall be subject to the penalties of subsection (a) of this section. If the taxes and fees remain unpaid after the due date, the business and/or practitioner shall not collect any gross receipts as defined herein. The provisions of this subsection (c) may be enforced by appropriate injunctive or other relief upon the application of the City to the Superior Court of Fulton County. (d) Practitioners of law may collect gross receipts as defined herein without applying for and obtaining a business tax certificate. However, practitioners of law must pay the occupation tax levied herein. Delinquent taxes and fees are subject to interest at a rate of one and one-half percent (1.5%) per month. Any occupation tax with its associated administrative fees hereunder, shall be due and payable by January 31 of each calendar year. If the business or practice was not in operation on January l, the occupation tax with its associated administrative fees shall be due and payable thirty (30) days following the commencement of business pursuant to Section 8. The City shall assess a penalty in the amount of ten percent (10%) of the amount owed for each calendar year or portion thereof for failure to pay the occupation tax required by the Article herein may be collected in any suit at law or in equity, or the City may cause executions to issue against the person, firm or corporation liable for the payment. Executions shall be levied and sold together with all costs thereof, by the City or its designee, as ex-officio sheriff of the county. In addition, failure to pay the occupation tax required by this Article shall subject the person, firm, or corporation to a civil fine of five hundred dollars ($500.00) as provided by law of this state. State law reference(s) - Time for payment of occupation tax, O.C.G.A. § 48-13-20; penalty for late payment, O.C.G.A. § 48-13-21; issuance of executions against delinquent taxpayers, O.C.G.A. § 48-13-26; Sexton v. Johnson, 267 Ga.571 (1997). Section 12: Effective Date. (a) This Article shall become effective December 1, 2006. (b) Annual registration and payment shall be conducted in accordance with the terms of this Article. Section 13: Proration of fee. No license fee shall be prorated. State law reference(s) O.C.G.A. § 48-13-22. Section 14: Repealer, exceptions Page 11 of 30 All ordinances providing for occupation taxes and administrative fees in conflict with this Article are hereby repealed, provided, however, that nothing herein shall affect with any ordinance providing for regulation of taxicabs or shall affect any resolution providing for the regulation of the sale of any forth of alcoholic beverages and taxes imposed thereon, or any mixed drink tax or any hotel-motel tax, such taxes being due and payable in addition to the taxes and fees imposed hereby. Section 15: Intent of Article. It is the intent of the Article to impose the taxes set forth in this Article upon all businesses and practitioners operating in the City of Milton consistent with the requirements of the Constitution and laws of the State of Georgia. In the event that the fees imposed hereby shall not be authorized on any business and practitioner or taxes and fees shall be in excess of the maximum amount authorized by law, such taxes and fees shall be imposed only to the extent authorized by law. Section 16: Severability. The invalidity of any part of this Article shall not affect the validity of the remaining portion hereof. In the event that this Article may not be enforced against any class of business mentioned herein, such inability to enforce the same shall not affect its validity against the other business specified herein. Section 17: Amendment of article. This Article may be amended so as to increase the occupation tax on any business or practitioner only after the conduct of at least one public hearing pertaining thereto, but this provision shall not be applicable to the repeal of any resolution promulgated pursuant to Section 4 of this Article. Article 2: License Fees on Insurers. Section 1: Intent The Mayor and City Council hereby expresses its intent to impose license fees on insurers conducting business in the City of Milton, to impose a gross premium tax on insurers operating within the State of Georgia, to provide an effective date, and for other purposes related to this Article. Section 2: Definitions For the purposes of this Article, the following definitions apply. (a) “Gross Direct Premiums” shall mean gross direct premiums as used in O.C.G.A. § 33-8-4, which provides: Page 12 of 30 “(i) All foreign, alien, and domestic insurance companies doing business in this state shall pay a tax of 2 ¼ percent upon the gross direct premiums received by them on and after July 1, 1955. The tax shall be levied upon persons, property, or risks in Georgia, from January 1 to December 31, both inclusive, of each year without regard to business ceded to or assumed from other companies. The tax shall be imposed upon gross premiums received from direct writings without any deductions allowed for premium abatements of any kind or character or for reinsurance or for cash surrender values paid, or for losses or expenses of any kind; provided, however, deductions shall be allowed for premiums returned on change of rate or canceled policies; provided, further, that deductions may be permitted for return premiums or assessments, including all policy dividends, refunds, or other similar returns paid or credited to policyholders and not reapplied as premium for additional or extended life insurance. The term ‘gross direct premiums’ shall not include annuity considerations. (ii) For purposes of this Chapter, annuity considerations received by nonprofit corporations licensed to do business in this state issuing annuities to fund retirement benefits for teachers and staff personnel of private secondary schools and colleges and universities shall not be considered gross direct premium.” (b) “Insurer” means a company which is authorized to transact business in any classes of insurance designated in O.C.G.A. § 33-3-5. Section 3: Insurers License Fees There is hereby levied for the year 2006 and for each year thereafter an annual license fee upon each insurer doing business within the City of Milton. For each separate business location in excess of one not covered by Section 4 of this Article, which is operating on behalf of such insurers within the City of Milton, there is hereby levied an additional license fee per location. Section 4: License Fees for Insurers Insuring Certain Risks at Additional Business Locations. For each separate business location, not otherwise subject to a license fee hereunder, operated and maintained by a business organization which is engaged in the business of lending money or transacting sales involving term financing and in connection with such loans or sales offers, solicits or takes application for insurance through a licensed agent of an insurer for insurance said insurer shall pay an additional license fee per location for the year 2006 and for each year thereafter. Section 5: Gross Premiums Tax Imposed on Life Insurers. (a) There is hereby levied for the year 2007 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer writing life, accident and sickness insurance within the State of Georgia in an amount equal to one percent (1%) of the gross direct premiums received during the preceding calendar year in accordance with O.C.G.A. § 33-8-8.1. Page 13 of 30 (b) The premium tax levied by this section is in addition to the license fees imposed by Section 3 of this Article. Section 6: Gross Premiums Tax, All Other Insurers. (a) There is hereby levied for the year 2007 and for each year thereafter an annual tax based solely upon gross direct premiums upon each insurer, other than an insurer transacting business in the class of insurance designated in subsection 1 of O.C.G.A. § 33-3-5, doing business within the State of Georgia in an amount equal to two and one-half percent (2.5%) of the gross direct premium received during the preceding calendar year in accordance with O.C.G.A. § 33-8-8.2. –see note above (b) The premium tax levied by this section is in addition to the license fees imposed by Section 3 of this Article. Section 7: Due Date for License Fees License Fees imposed by Sections 3 and 4 of this Article shall be due and payable on the first day of January and on the first date of each subsequent year. Section 8: Administrative Proceedings. The City Clerk is hereby directed to forward a duly certified copy of this Article to the Insurance Commissioner of the State of Georgia within forty-five (45) days of its enactment. Section 9: Effective Date. This Article shall become effective on December 1, 2006. Section 10: Severability. In the event that any portion of this Article shall be declared or adjudged invalid or unconstitutional, it is the intention of the Mayor and City Council that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this Article which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause, or phrase were not originally part of the ordinance. Article 3: Pawn Shops, Pawn Brokers Section 1: Applicability of article provisions. Every person, whether a licensed junk dealer or pawnbroker, or any other secondhand dealer, who, exclusively or as incidental to or in connection with other business, purchases, sells or acquires in trade used or secondhand jewelry, flat silver, gold, and silver objects of every kind and description, including watches and clocks, any of which is made in whole or in part of gold, silver, platinum, or other precious metals; diamonds, emeralds, rubies, or other precious stones; Page 14 of 30 pistols or guns; musical instruments, bicycles or accessories shall, for the purpose of this Article, be a secondhand dealer. Any person who shall purchase any Article of the kinds herein described from any person other than a bona fide dealer in those Articles shall, for the purpose of making the reports required herein, also be a secondhand dealer and subject to all the provisions of this Article relating to those records and reports. Section 2: Recordkeeping. (a) Contents of record book. All secondhand dealers shall keep a book wherein shall be entered an accurate description of all property of the kinds specified in Section 1 of this Article which they acquire by purchase of trade, and the name, address, estimated age, weight, and height of the person from whom purchased or acquired and the date and hour of the purchase. These entries shall be made as soon as possible after the transaction is had, in no case more than one (1) hour thereafter. (b) Inspection. This record shall at all times be subject to inspection and examination by the Police Department. Section 3: Entries in Record Book to be Numbered Serially; Property to be Tagged with Corresponding Number. Every entry required to be made in the secondhand dealer’s book required by Section 2 of this Article shall be numbered serially, and the property described in the entry shall have attached to it a tag bearing the same serial number. Section 4: Acquiring Articles With Serial Number Mutilated or Altered. It shall be unlawful for any secondhand dealer to purchase or acquire in trade any watch, clock, pistol, gun, automobile tire, or battery, or any other Article commonly branded with a serial number, upon which the number has been mutilated or altered. Section 5: Daily Reports to Police; Form and Contents. Every secondhand dealer identified in Section 1 of this Article shall make a daily report in writing to the Chief of Police in such form as may be prescribed by him, of all property purchased or acquired by him during the twenty-four (24) hours ending at 12:00 midnight on the date of the report. Section 6: Examination and Inspection of Articles by Police; Segregation of Suspicious Articles. All property purchased or acquired by a secondhand dealer shall at all times be subject to examination and inspection by the Police Department. If, upon the inspection, a police officer shall have reasonable cause to believe that any of the property is stolen, he shall segregate it. It shall thereafter be unlawful for the person in possession of the property to dispose of it, or in any manner mutilate, melt, or disfigure it, until fifteen (15) days have elapsed from the date of the inspection. Page 15 of 30 Section 7: Property Not to be Disposed of for Fifteen (15) Days After Acquisition. All property purchased or acquired by a secondhand dealer shall be held for not less than fifteen (15) days. Section 8: Dealing with Minors. It shall be unlawful for any secondhand dealer to buy or receive any property of the kinds described in Section 1 of this Article from any person under the age of eighteen (18) years, provided that any secondhand dealer taking from the seller a statement in writing that the seller is of age will not be held subject to the provisions of this section, if the appearance of the seller is such as to make it uncertain that he is not eighteen (18) years of age. Article 4: Financial Institutions. Section 1: Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) “Bank” means any financial institution chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a corporate structure authorizing the issuance of capital stock. (b) “Depository Financial Institution” means a bank or a savings and loan association. (c) “Gross Receipts” shall mean gross receipts as defined in O.C.G.A. § 48-6-93. (d) “Savings and Loan Association” means any financial institution, other than a credit union, chartered under the laws of any state or under the laws of the United States which is authorized to receive deposits in this state and which has a mutual corporate form. Cross references: Definitions generally, § 1-2. Section 2: Tax levied; Rate. In accordance with O.C.G.A. § 48-6-93, there is hereby levied for the year 2006 and for each year thereafter an annual business license tax upon all depository financial institutions located within the City of Milton at a rate of one-quarter percent (1/4%) of the gross receipts of said depository financial institutions. Section 3. Minimum Business License Tax. The minimum annual amount of business license tax due from any depository financial institution pursuant to O.C.G.A. § 48-6-93(a) shall be one thousand dollars ($1,000.00). Page 16 of 30 Section 4: Filing of Return. Pursuant to O.C.G.A. § 48-6-93(a), each depository financial institution subject to the tax levied by this Article shall file a return of the gross receipts with the City of Milton Treasurer’s Office on or before March 1 of the year following the year in which such gross receipts are measured. Said return shall be in the manner and the form prescribed by the commissioner of the Georgia Department of Revenue, based on the allocation method set forth in O.C.G.A. § 48-6-93(d). The return shall provide the information necessary to determine the portion of the taxpayer’s Georgia gross receipts to be allocated to each taxing jurisdiction in which such institution has an office. The City of Milton Treasurer’s Office shall assess and collect the tax levied pursuant to this Article based upon the information provided in said return. Section 5: Due Date of Taxes. Taxes levied pursuant to this Article shall be paid to the City of Milton Treasurer’s Office at the time of filing the return. Section 6: Administrative Provisions. The Milton Treasurer’s Office is hereby authorized and directed to forward a copy of this Article to each depository financial institution located in the City of Milton and to the home office of each such depository financial institution that does business in the City if located outside the county. Section 7: Relation of Tax to Other Business Licenses. The tax imposed by this Article shall be in lieu of any other business license upon depository financial institutions. Article 5: Door to Door Salesmen. Section 1: Definitions. For the purpose of this Chapter, the following words as used herein shall be considered to have the meaning herein ascribed thereto: (a) “Soliciting” shall mean and include any one or more of the following activities: (i) Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs, services, of any kind, character or description whatever, for any kind of consideration whatever; or (ii) Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or publication; or Page 17 of 30 (iii) Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication. (b) “Residence” shall mean and include every separate living unit occupied for residential purposes by one or more persons, contained within any type of building or structure. (c) “Licensed solicitor” shall mean and include any person who has obtained a valid permit as hereinafter provided, which permit is in the possession of the solicitor on his or her person while engaged in soliciting. Section 2: Permit Required. (a) It shall be unlawful for any person, firm or corporation to engage in the business of soliciting, calling on residences door-to-door without first having obtained a permit in accordance with the provisions contained in this chapter. (b) The requirement of Subsection (a) above is meant to apply to door-to-door solicitations for commercial transactions for profit only. (i) It is not meant to regulate solicitation for charitable, political, or other nonprofit purposes provided that all sales proceeds are the property of and used by the nonprofit organization. (ii) It does not apply to officers or employees of the city, county, state, or federal government, or any subdivision thereof, when on official business. (c) Each person shall at all times while soliciting in the City of Milton carry upon his or her person the permit so issued and the same shall be exhibited by such solicitor whenever he is requested to do so by any police officer or by any person solicited. (d) Each permit issued shall contain the name of the solicitor, the name and address of the person, firm or corporation or association whom the solicitor is employed by or represents, a photograph of the solicitor, and physical description. Such photograph shall be provided by the solicitor and shall be at least two (2) inches by two (2) inches in size. (e) The permit shall state the expiration date thereof. In no event shall a permit be valid for more than six (6) months. Section 3: Permit Applications. (a) Application for a permit shall be made upon a form provided by the City. The City of Milton Treasurer’s Office shall have applications available on request. The applicant shall truthfully state in full the information requested on the application, to wit: (i) Name and address of present place of residence and length of residence at such address; also business address if other than present address; Page 18 of 30 (ii) Address of place of residence during the past three (3) years if other than present address; (iii) Age of applicant; (iv) Physical description of the applicant; (v) Name and address of the person, firm, or corporation or association whom the applicant is employed by or represents; and the length of time of such employment or representation; (vi) Name and address of employer during the past three (3) years if other than the present employer; (vii) Description sufficient for identification of the subject matter of the soliciting in which the applicant will engage; (viii) Period of time for which the certificate is applied; (ix) Proposed route, including streets to be included on each day, which applicant intends to follow; (x) The date, or approximate date, of the latest previous application for permit under this chapter, if any; (xi) Whether the applicant has ever been convicted of a felony, a crime of moral turpitude, or any other violation of any state or federal law; (xii) Names of magazines, books, or journals to be sold; (xiii) Names of the three (3) most recent communities where the applicant has solicited house to house; (xiv) Proposed method of operation; (xv) Description and license plate number of vehicle(s) intended to be operated by applicant; (xvi) Signature of applicant; and (xvii) Social security number of applicant. (b) All statements made by the applicant upon the application or in connection therewith shall be under oath. Page 19 of 30 (c) The applicant shall submit to fingerprinting by the City Police Department in connection with the application for the permit. (d) The City Manager shall cause to be kept in his/her office an accurate record of every application received and acted upon together with all other information and data pertaining thereto and all permits issued under the provisions of this chapter, and of the denial of applications. Applications for permits shall be numbered in consecutive order as filed, and every permit issued shall be identified with the duplicate number of the application upon which it was issued. (e) No permit shall be issued to any person who has been convicted of a felony or crime of moral turpitude within five (5) years of the date of the application; nor to any person who has been convicted of a violation of any of the provisions of this chapter; nor to any person whose permit issued hereunder has previously been revoked as herein provided. (f) The fee for a permit shall be valid for a six (6) month period. Section 4: Permit Revocation (a) Any permit issued hereunder shall be revoked by the City Manager if the holder of the permit is convicted of a violation of any of the provisions of this chapter or has made a false material statement in the application, or otherwise becomes disqualified for the issuance of a permit under the terms of this chapter. (b) Immediately upon such revocation, written notice thereof shall be given to the holder of the permit in person or by certified United States mail addressed to his or her residence address set forth in the application. (c) Immediately upon the giving of such notice the permit shall become null and void and must be turned in to the City Manager’s office. Section 5: Routes. To the extent practical, each solicitor shall identify the streets and routes which he will follow on each day he is engaged in the business of soliciting. If changes in routes are made, then such changes must be immediately reported to the City Manager’s office. Section 6: Prohibitions (a) Any licensed solicitor who shall be guilty of any fraud, cheating, or misrepresentation, whether himself or through an employee, while acting as a solicitor in the City, shall be deemed guilty of a violation of this chapter. (b) It is hereby declared to be unlawful and shall constitute a nuisance for any person to go upon any premises and ring the doorbell upon or near any door, or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for Page 20 of 30 the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined if the occupant of said residence has made it clear, by written sign or otherwise, that solicitors are not invited. (c) Any solicitor who has gained entrance to any residence, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the occupant. (d) Times Allowed. (i) It is hereby declared to be unlawful and shall constitute a nuisance for any person, whether licensed under this chapter or not, to go upon any premises and ring the doorbell upon or near any door of a residence located thereon, or rap or knock upon any door or create any sound in any other manner calculated to attract the attention of the occupant of such residence, for the purpose of securing an audience with the occupant thereof and engage in soliciting as herein defined, prior to 10:00 a.m. or after 6:30 p.m., Eastern Standard Time, or before 10:00 a.m. or after 7:00 p.m. Eastern Daylight Saving Time, Monday through Saturday, or at any time on Sunday, or on a state or national holiday. (ii) Solicitations for political purposes shall not occur prior to 10:00 a.m. or after 7:00 p.m., Eastern Standard Time, or before 10:00 a.m. or after 7:00 p.m. Eastern Daylight Saving Time. Section 7: Penalties. Any person violating any of the provisions of this chapter shall, upon conviction thereof, be subject to a fine not to exceed the maximum fine allowed by state law for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Article 6: Charitable Solicitation. Section 1: Definitions. As used in this Article: Solicit shall mean to request an immediate donation of money or other thing of value from another person including employment, business or contributions or to request the sale of goods or services. Public area shall mean an area to which the public or a substantial group of persons has access, including but not limited to alleys, bridges, buildings, driveways, parking lots, parks, play grounds, plazas, sidewalks, and streets that are open to the general public. Page 21 of 30 Charitable Organization shall mean those entities defined and registered as provided in O.C.G.A. § 43-17 et seq. Section 2: Permit Required. It shall be unlawful for any person, firm, organization or corporation to solicit within any public right-of-way in the City of Milton, provided, however, recognized charitable organizations as defined herein and governmental entities may solicit within the public right-of- way provided they first obtain a permit in accordance with Article 5, Sections 3 and 4 of this Chapter. Section 3: Applicability. This chapter regulates the time, place and manner of solicitations and shall not apply to any persons exercising their clearly established constitutional right to picket, protest or engage in other constitutionally protected activity. Article 7: Panhandling. Section 1: Definitions As used in this Article: (a) “Solicit” shall mean to request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the money or other thing of value, including employment, business or contributions or to request the sale of goods or services. The solicitation may be, without limitation, by the spoken, written, or printed word, or by other means of communication. (b) “Public area” shall mean an area to which the public or a substantial group of persons has access, including but not limited to alleys, bridges, buildings, driveways, parking lots, parks, play grounds, plazas, sidewalks, and streets that are open to the general public. (c) “Aggressive Panhandling” shall mean and include: (i) Intentionally or recklessly making any physical contact with or touching another person or his vehicle in the course of the solicitation without the person’s consent; (ii) Following the person being solicited, if that conduct is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or is intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (iii) Continuing to solicit within five (5) feet of the person being solicited after the person has made a negative response, if continuing the solicitation is intended to Page 22 of 30 or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or is intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (iv) Intentionally or recklessly blocking the safe or free passage of the person being solicited or requiring the person, or the driver of a vehicle, to take evasive action to avoid physical contact with the person making the solicitation. Acts authorized as an exercise of one’s constitutional right to picket or legally protest, and acts authorized by a permit issued pursuant to Article 5, Sections 5 of this Chapter shall not constitute obstruction of pedestrian or vehicular traffic; (v) Intentionally or recklessly using obscene or abusive language or gestures intended to or likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or words intended to, or reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation; (vi) Approaching the person being solicited in a manner that is intended to or is likely to cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession, or is intended to, or is reasonably likely to intimidate the person being solicited into responding affirmatively to the solicitation. Section 2: Prohibitions. (a) It shall be unlawful for any person, firm, organization, or corporation to aggressively panhandle or solicit funds for the sole benefit of the solicitor within any public area in the City of Milton or: (i) In any public transportation vehicle, or public transportation station or stop; (ii) Within fifteen (15) feet of any entrance or exit of any bank or check cashing business or within fifteen (15) feet of any automated teller machine during the hours of operation of such bank, automated teller machine or check cashing business without the consent of the owner or other person legally in possession of such facilities. Provided, however, that when an automated teller machine is located within an automated teller machine facility, such distance shall be measured from the entrance or exit of the automated teller machine facility; (iii) On private property if the owner, tenant, or lawful occupant has asked the person not to solicit on the property, or has posted a sign clearly indicating that solicitations are not welcome on the property; or (iv) From any operator of a motor vehicle that is in traffic on a public street, whether in exchange for cleaning the vehicle’s windows, or for blocking, occupying, or Page 23 of 30 reserving a public parking space; provided, however, that this paragraph shall not apply to services rendered in connection with emergency repairs requested by the operator or passengers of such vehicle. (b) Unauthorized solicitation shall constitute a misdemeanor. (c) Aggressive panhandling shall constitute an aggravated misdemeanor. Section 3: Applicability This chapter regulates the time, place and manner of solicitations and shall not apply to any persons exercising their clearly established constitutional right to picket, protest or engage in other constitutionally protected activity. Article 8: Taxicabs. Section 1: Operation of taxicab to be in compliance with article. No person, firm, or corporation shall operate a taxicab in the City except in accordance with the terms and provisions of this Article. Section 2: Definitions. The following words, terms and phrases, when used in this Article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) “Operator” means any person, firm, or corporation in the business of transporting passengers in taxicabs. (b) “Taxicab” means any passenger-carrying vehicle used in the business of transporting passengers for hire which does not have fixed termini, including but not limited to, any unmarked automobiles used in the business of transporting passengers for hire by contract or requested special services that do not have fixed termini. (c) “Taximeter” means a device that automatically calculates, at a predetermined rate, and indicates the charge for hire of a vehicle. Taxicabs operating with non-electronic taximeters shall be furnished with a sign, approved by the City of Milton Code Enforcement Division, immediately adjacent to the taximeter which explains the way the fare shall be calculated if the taximeter reaches its highest fare before the passengers destination is reached. This sign shall be pointed out to the passenger by the driver at the beginning of the trip. (d) “Line Jumping” Taxicabs shall be placed on stands only from the rear and shall be moved forward and to the front of the stand immediately as space becomes available by the departure or movement of preceding taxicabs. Violations of this rule constitutes line jumping and shall be grounds for suspension of a taxi drivers permit. Page 24 of 30 Section 3: Operations deemed to be doing business in the City. A taxicab shall be deemed to be doing business in the county when its original terminus, that is to say, the place from which it operated and is subject to calls, shall be located in the City. Section 4: License fees for annual operation and driver’s permit. License fees are hereby levied per annum for each taxicab maintained or operated, and per annum for each driver’s permit. The license fees are established from time to time by Resolution of the Mayor and City Council. The business occupation tax shall be in accordance with the current business occupation tax ordinance. The following criteria must be met to maintain a taxi cab license: 1. Establishment and maintenance of an office in a commercially zoned area of the corporate boundaries of the City of Milton. 2. Submission of a copy of current lease or proof of ownership of office space. 3. Establishment and maintenance of a publicly listed telephone number. 4. Maintain the name and home address of each driver affiliated with the company. 5. Maintain off-street parking lot capable of accommodating all company vehicles. 6. Maintain a file for each vehicle containing proof of current instruments. 7. Possess a valid six (6) month auto insurance policy. Section 5: Permits for operation. (a) Required. No person, firm, or corporation shall operate a taxicab or conduct the business of operating taxicabs in the City of Milton until the person, firm, or corporation has first applied for and obtained an occupation tax certificate and a taxicab license. The applications for the occupation tax certificate and license shall be made to the City of Milton Treasurer’s Office upon forms provided for that purpose. The license for vehicles shall be issued by the City of Milton Treasurer’s Office. Permits for drivers will be issued by the City of Milton Police Department. No person shall operate a taxicab in the corporate boundaries of the City of Milton until the person has first applied for and obtained a driver’s permit. Permits for drivers will be issued by the City of Milton Police Department. (b) Description of business. The application shall contain, among other things, a detailed description of the equipment to be used in the business and the name of the operators thereof, the point of original terminus of the business, and the address and telephone number of the office or call station from which the business is operated. (c) Indemnity insurance. No taxicab license to operate taxicabs shall be issued or continued in operation unless the holder thereof shall file with the business tax division a policy of indemnity insurance in some indemnity insurance company authorized to do business in this state, which policy shall have limits equal to or in excess of the following sums for each taxicab operated: Page 25 of 30 (i) For bodily injury to each person, fifty thousand dollars ($50,000.00); (ii) For bodily injury to all persons sustained in any one accident, fifty thousand dollars ($50,000.00); and (iii) For property damage and liability for baggage of passengers, twenty-five thousand dollars ($25,000.00). The policy shall be conditioned to protect the public against injury or damage proximately caused by the negligence of the holder of such permit. Additional drivers or new drivers hired after issuance of the occupation tax certificate shall be covered by a rider to the policy prior to the issuance of a driver’s permit. (d) Ages of Vehicles. The operator is responsible for ensuring that each taxicab used in active business is no more than six (6) years old. By December of each year, automobiles of a model year seven (7) years prior to that year must be replaced. (e) Annual renewal. All fees for taxicab licenses and taxi drivers’ permits are due no later than June 30 of each year. Section 6: Certificate of inspection. (a) A certificate of inspection completed on forms provided by the City of Milton Treasurer’s Office and issued by an ASE Certified mechanic and shall be located inside the taxicab at all times certifying that the taxicab and equipment therein are safe and in compliance with applicable law. This certificate must be renewed every ninety (90) days, and the operator of any taxicab business shall be required to keep his/her taxicab and equipment therein in safe condition conforming to all laws under penalty of having his/her permit to conduct a taxicab business suspended or revoked. (b) Each taxicab must produce proof of taximeter inspection and calibration for issuance and renewal of taxi decal. (c) The City of Milton Police Department may conduct random inspections to ensure the safety and welfare of the public. Section 7: Additional Equipment. The operator of a taxi business shall register with the City of Milton Treasurer’s Office each additional piece of equipment put in use, and same shall be subject to inspection and registration as herein provided. Section 8: Drivers; Qualifications. It shall be the duty of all operators to file with the City of Milton Treasurer’s Office the names and addresses, age and physical description of the persons employed as drivers. All drivers shall hold licenses from the State Department of Public Safety as drivers of vehicles for hire, and drivers’ permits issued by the county Police Department. No person shall be employed or shall Page 26 of 30 drive a taxicab who has, within the past five (5) years, been convicted of or has pled guilty or nolo contendere to any sexual offense as set out in Title 16, Chapter 6 of the Official Code of Georgia Annotated, or to the offense of driving under the influence of drugs and/or alcohol, or to any open container violations, or to any offense involving the lottery, illegal possession or sale of narcotics or alcoholic beverages or possession or receiving of stolen property, violence, or the violation of a spirituous, vinous, or malt beverage statute or if the driver has been convicted of an offense of causing death by vehicle. No driver can be issued a taxi driver’s permit if the driver has received three (3) or more moving violations in the preceding twelve (12) month period. Section 9: Taxi Stands; Parking. Operators and drivers of taxicabs shall not park taxicabs in any congested area as defined by the regulations of the county commissioners at any place other than the place or places designated as “taxi stand”. The parking of taxicabs shall be subject at all times to the direction of police officers should such direction be necessary or desirable for the relief of an emergency traffic condition. Section 10: Information to be displayed. (a) Information to be displayed inside the taxicab at all times: The operator is responsible for ensuring that each taxicab used in active business shall have posted in a conspicuous place, on the inside thereof, a map or street guide of the City of Milton, the name and photograph of the driver of the taxicab, and a schedule of fares. Each taxicab used in active business shall also bear on the outside thereof a numbered decal to be furnished by the business tax division of the office of the City of Milton Treasurer’s Office. (b) Information to be displayed outside the taxicab at all times: The operator is responsible for ensuring that each taxicab used in active business bears on the outside thereof a numbered decal to be furnished by the Treasurer’s Office, the name of the company and business telephone number which must be permanently affixed to the taxicab, a dome light on the roof which must be at least six (6) inches in height permanently affixed to the roof and bear the term “taxi” or the company name. Section 11: Operators responsible for violations by drivers. To the extent provided by law, operators are responsible for violations of this Article by their taxicab drivers whether such drivers are direct employees or independent contractors. Section 12: Notice of denial of license. In the event that an application is denied, the City of Milton Treasurer’s Office shall provide the applicant with written notice of the denial of the taxicab license. The notice of denial shall include the grounds for denial. Page 27 of 30 Section 13: Suspension or revocation of license. (a) No license issued hereunder may be transferred. (b) Each license granted hereunder shall be subject to suspension or revocation for violation of any rule or regulation of the county now in force or hereafter adopted. (c) Whenever the City of Milton Treasurer’s Office determines there is cause to suspend or revoke the license issued hereunder, the City of Milton Treasurer’s Office shall give the licensee ten (10) day written notice of intention to suspend or revoke the license. A hearing will be scheduled wherein the licensee may present a defense to the suspension or revocation before the Milton City Council or such board as the Milton City Council may designate. The ten (10) day written notice shall include the time, place, and purpose of such hearing, and a statement of the charges upon which such hearing will be held. After the hearing, the Council or designated Board may suspend or revoke the license issued hereunder if any of the grounds set forth below exist. A license issued under this Article may be suspended or revoked by the City Council or their designee and a driver’s permit may be suspended or revoked by the City of Milton Police Department upon one or more of the following grounds: (i) The original application contains materially false information, or the applicant has deliberately sought to falsify information contained therein; (ii) For failure to pay all fees, taxes or other charges imposed by the provisions of this Article; (iii) For failure to maintain all of the general qualifications applicable to the initial issuance of a license or permit under this Article; (iv) Having four or more moving traffic violations in any twelve (12) month period; (v) Refusing to accept a client solely on the basis of race, color, national origin, religious belief, or sex. Operators and drivers shall not refuse to accept a client unless the client is obviously intoxicated or dangerous; (vi) Allowing the required insurance coverage to lapse or allowing a driver to operate in the City in violation of the provisions of this Article; (vii) The establishment or driver is a threat or nuisance to public health, safety or welfare; or (viii) Not taking the most direct route. (ix) For violation of any part of this Article. Page 28 of 30 (d) After the City Manager makes a recommendation to the Mayor and City Council to suspend or revoke a license issued hereunder, the Mayor and City Council, or such board as the Mayor and City Council may designate, will conduct a hearing to hear evidence relevant to the alleged violation. (i) At the hearing, the City Manager or his designate proceeds first and presents all evidence and argument in support of the recommendation to suspend or revoke the license issued hereunder. (ii) The Mayor and the City Council members or their designates will have the right to ask questions at any time. (iii) After the City Manager makes his presentation, the licensee or the licensee’s legal counsel, will present evidence and argument as to why the license issued hereunder should not be suspended or revoked. The Mayor and City Council members or their designates will have the right to ask questions at any time. (iv) After hearing all of the evidence and arguments of the parties, the Mayor and City Council will render a decision. The suspension or revocation of a taxicab license is final unless the licensee files a petition for writ of certiorari to the Superior Court of Fulton County within thirty (30) days of the date of the decision. Section 14: No proration of license fee. No license fees shall be prorated. Taxi driver’s permit fees shall not be prorated. (Res. No. 01-0373, § 1, 3-21-01) Section 15: Repealer; exceptions. All resolutions providing for taxicab license fees and drivers permits in conflict with this Article are hereby repealed, provided, however, that nothing herein shall affect any resolution providing for occupation or business taxes. Section 16: Intent of Article; severability. It is the intent of this Article to regulate the operation of taxicab businesses as set forth in this Article upon all businesses operating in the corporate boundaries of the City of Milton consistent with the requirements of the Constitution and laws of the State of Georgia. In the event that the regulations and/or fees imposed hereby shall not be authorized on any business and practitioner or regulation and/or fee shall be in excess of the maximum amount authorized by law, such regulation and/or fee shall be imposed only to the extent authorized by law. The invalidity of any part of this Article shall not affect the validity of the remaining portion hereof. In the event that this Article may not be enforced against any class of business mentioned herein, such inability to enforce the same shall not affect its validity against the other business specified herein. Page 29 of 30 Section 17: Effective date. This Article shall become effective December 1, 2006. Annual registration and payment shall be conducted in accordance with the terms of this Article. Article 8: Professional Bondsmen. Section 1: Definition – Professional Bondsman. Professional Bondsman means all persons who hold themselves out as signers or sureties of bail bonds for compensation, and who are licensed as provided in this article. Section 2: Compliance. All professional bondsmen licensed through the City of Milton must comply with the requirements of O.C.G.A. 17-6-50 and all related and pertinent sections of the Official Code of Georgia Annotated at all times when acting as bonding agents in the City of Milton. Section 3: Surety Requirement. Prior to the issuance of a license, professional bondsmen shall post a surety or property bond with the city clerk in an amount of at least $50,000.00, and such bond shall be kept current at all times; or the professional bondsman may sign an agreement with the city providing for an escrow account in a financial institution designated as a city depository. Any such escrow account shall be not less than $5000.00, and shall be 10% of that company’s capacity for posting bonds. Section 4: Nonappearance of principal. In the event of the nonappearance of the principal in the municipal court on the appointed date and time, the judge shall at the end of the court day, forfeit the bond and order an execution hearing. Procedures for forfeiture of bonds and judgment absolute set forth in O.C.G.A. 17-6-70 through 17-6-72 shall be followed. In addition to the penalties set forth in state law, if the judgment absolute is entered, and payment is not made promptly to the city, the license of the bail bondsman shall be suspended until such time as the judgment absolute is satisfied, or the defendant is returned to the custody of the court. Section 5: Cancellation of Bond. When the condition of the bond is satisfied or the forfeiture of the bond has been discharged or remitted, the judge shall make an order canceling the bond. Conviction or acquittal of the defendant shall satisfy the terms of the bond written by a bail bondsman. Section 6: Suspension of bail bond license. The City may deny, suspend, revoke or refuse to renew any bail bondsman’s business license for any of the following causes: (i) For any violation of State statutes or City code. (ii) Material misstatement, misrepresentation or fraud in obtaining the license. Page 30 of 30 (iii) Misappropriation, conversion or unlawful withholding of money belonging to others and received in the conduct of business under this license. (iv) Fraudulent or dishonest practices in the conduct of business under this license. (v) Failure to comply with the provisions of this article. (vi) Failure to return collateral security to the principal is entitled thereto. (vii) Failure to meet the obligations or standards set forth by the State of Georgia or the City of Milton. Section 7: Return of license. Any professional bondsman who discontinues writing bail bonds during the period for which he/she is licensed shall notify the city clerk and immediately return his/her license certificate. Section 8: Monthly reporting. All bondsmen licensed to do business in the City of Milton shall provide the city clerk with a list of all outstanding bonds posted with the city on a monthly basis. Section 9: Effective Date. This ordinance shall become effective upon signing. fes, City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Consideration of a Resolution to Abandon and Dedicate Longstreet Road as part of The Manor development MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: � APPROVED CITY ATTORNEY APPROVAL REQUIRED: YES CITY ATTORNEY REVIEW REQUIRED:} YES APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: REMARKS: () NQTAPPROVED () NO () NO { } NOT APPROVED City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 1 of 3 To: Greg Wilson, Community Services Director From: Abbie Jones, PE Date: March 26, 2007 for submission onto the April 12, 2007 City Council meeting Agenda Item: Resolution to Abandon and Dedicate Longstreet Road as part of The Manor development Engineer Recommendation: The Staff recommends against approval of the Longstreet Road abandonment and dedication as part of The Manor development. Background: Road Abandonment Fulton County utilized a standard procedure in Road Abandonment cases. This method consists of: • Director discussion with applicant • public notices in the official County Register • creation of legal property descriptions and exhibits for the affected property (by the applicant) • quitclaim deeds signed and recorded at the courthouse for the minimum fee of ten dollars per quitclaim deed. Because Crabapple Circle and portions of Broadwell Avenue were abandoned to the adjacent developers, Councilpersons expressed concerns to the City Manager who communicated these concerns to Staff. Staff was and continues to be involved with Final Plats and LDP Revisions in the affected areas. Also attached is a copy of the road abandonment documentation for the parcels which initiated this discussion. It must be understood that new alternate rights-of-way will be dedicated to the City as these developments are completed. It could be said that the developers traded the existing right-of-way land for additional new rights-of-way. Another item of concern expressed to Staff was that of the actual road closure. This is a separate item and is fully explained using the Manual for Uniform Traffic Devices (MUTCD) which our Ordinances reference. It is not known why this process was not followed prior to the incorporation of the City of Milton. Discussion: Construction Staff has developed a comprehensive Punchlist, which has been provided to the developer. Staff will finalize the Punchlist prior to actual action by the Council at the time of the first City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 2 of 3 reading of this resolution. A two year maintenance bond for 100% of the construction cost is required to be in place prior to the first reading to the Council. Private and Public A unique design is involved in the new location of Longstreet Road being dedicated. The City will accept the land of the right-of-way, excluding the following items: 1. underlying private road and golf cart path to be privately owned and maintained 2. underlying 14x14 double culvert to be privately owned and maintained Value Staff believes that the rights-of-way owned by the City have value. The flexibility allowed in a developer’s design due to demolition and relocation of an existing public road has value to the developer. Thus, Staff believes that it has value to the City. Example: An entire residential street is purchased lot by lot for a new school. Then the development plan is created that needs the existing right of way to be abandoned so that the school can be placed on the property. As a trade, the school development must improve an adjacent intersection, include signalization. Staff believes that the valuation in this particular instance would be inappropriate as the terms were not established as such at the outset. Thus no fee is requested. Bridge Culvert The Staff Engineer and Attorney recommend against acceptance of the Bridge Culvert as city property. This is the major outstanding problem with recommending against this resolution for dedication and acceptance. The major issues can be summarized as: 1. Authority. The City does not have to accept property it does not desire. 2. Construction Methods. The City is uncomfortable with accepting a major capital item without overseeing construction methods and having engineer reports as documentation. 3. Public vs Private. This structure services private residents not the traveling public. The traveling public do not have access to go underneath the culvert, only members of a Country Club have that privilege. The City should not accept a capital item in perpetuity to be maintained at city resident expense if they cannot fully utilize it. ***Because of this outstanding problem , the resolution included with the agenda item does not agree with the resolution. It is the responsibility of the applicant to provide exhibits and legal descriptions of the property. Currently, the applicant’s exhibits and legal descriptions include the city taking ownership of the Bridge/Culvert. Alternatives: 1. Accept the Culvert as City property. Staff does not suggest this for liability reasons and because it services only private items. City of Milton 13000 Deerfield Parkway Suite 107C Milton, Georgia 30004 Page 3 of 3 2. Accept the new road and deny the road abandonment. Staff does not suggest this because the original plan for this project included the swap of right-of-way for right-of- way. 3. Various other ownership and easement scenarios have been discussed at least three times between the Attorneys and Staff Engineer . However, no satisfactory solutions have been completed at this point. Concurrent Review: City of Milton Tom Wilson, Community Development Mike Tuller, Community Development Chris Lagerbloom, Public Safety-Police Charles Millican, Public Safety-Fire Roddy Motes, Field Services Mark Scott, City Attorney Attachments: 1. Resolution*** 2. Deed from City of Milton 3. Longstreet Rd Abandonment Exhibit 4. Legal Milton to Brooks (1.99ac) 5. Wills Rd Abandonment Exhibit 6. Legal Milton to Brooks (0.28ac) 7. Legal Milton to Brooks (0.02ac) 8. Deed from Brooks to Milton*** 9. Longstreet Rd Dedication Exhibit*** 10. Legal Brooks to Milton (1.89ac)*** 11. Wills Rd Dedication Exhibit*** 12. Legal Brooks to Milton (0.10ac)*** 13. Legal Brooks to Milton (0.35ac)*** STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION FOR THE CITY OF MILTON TO ABANDON AND ACCEPT SPECIFIED PORTIONS OF LONGSTREET ROAD AS RELATED TO THE MANOR DEVELOPMENT BE IT RESOLVED by the City Council of the City of Milton, GA while in a Regular Meeting on April 12, 2007 at 7:00 p.m. as follows: SECTION 1. That the dedication process began prior to the creation of the City of Milton resulting in a reasonable expectation of action by the City Council and; SECTION 2. That the specified portions are as follows in Exhibit A, B, C, and D and the respective property descriptions filed with this resolution SECTION 3. That upon inspection by City Officials and presentation of a maintenance bond to the City of Milton by the entity which will manage the related golf course and related common areas; SECTION 4. The City accepts dedication limited to the new rights-of-way including the responsibility of the road surface including maintenance of weather conditions; and that the acceptance of new rights-of-way is exclusive of the underlying private double culvertlbridge superstructure, grade separated private road, private golf cart path, and SECTION 5. That this Resolution shall become effective upon its adoption; SECTION d. That resolutions in conflict with this resolution are hereby repealed. RESOLVED this the 12 1h day of April, 2007 Approved: Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) -1- STATE OF GEORGIA AFTER RECORDATION PLEASE RETURN TO: LEX A. WATSON, II, ESQ. COUNTY OF FULTON MERRITT & TENNEY LLP 200 GALLERIA PARKWAY, SE ATLANTA, GEORGIA 30339-3151 TITLE NOT EXAMINED QUITCLAIM DEED THIS QUITCLAIM DEED (the "Deed"), is made this __ day of March, 2007, between THE CITY OF MILTON, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA (hereinafter referred to as the “Grantor”) and BROOKS LAND, INC., a Georgia corporation (hereinafter referred to as the "Grantee"). W I T N E S S E T H: THAT FOR AND IN CONSIDERATION of the sum of Ten and No/100 ($10.00) Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has bargained, sold, and does by these presents bargain, sell, remise, release, and forever quit-claim to Grantee all of the right, title, interest, claim or demand which Grantor has or may have in and to ALL THOSE TRACTS OR PARCELS OF LAND LYING AND BEING IN Land Lots 323 and 324 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter collectively called the "Property"). TO HAVE AND TO HOLD the Property unto Grantee, so that neither Grantor nor any other person or persons claiming under Grantor shall at any time, claim or demand any right, title or interest to the Property or its appurtenances. -2- IN WITNESS WHEREOF, Grantor has signed and sealed this QuitClaim Deed as of the day and year first above written. GRANTOR: Signed, sealed and delivered this___ day of March, 2007 , in the presence of: ___________________________________ THE CITY OF MILTON, GEORGIA Witness a political subdivision of the State of Georgia By: ______________________________ Name: ________________________ Title: _________________________ ___________________________________ Notary Public (AFFIX SEAL) By: ______________________________ My commission expires:________________ Name: ________________________ Title: _________________________ (CITY SEAL) 0 10 /�*•i 1 a"' W i i COco W , �m � t1ryry r a F- I ULLJ Lj AmG�tiic7[�►im aL a z I~ QpaIC�=�n'� 1 .K* 0° Z enl o 1r a ❑ k]' F_ x3ni^E O (wn Z F' q Z3 L onI%- ❑ g r� E v ' C'3i[3& 9toNmr-inmQ zo W �,o ��j3W�n� a�c�❑�❑ bblLb&) ,Igo w Alm m m zz m� W ;Ia� ill,-lolwl f Q ! 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GRID . hiL TH 2 t'ct 0 LLJ Q z z� 3 ❑ : 4 � 0- � Jz_Z�0 p— wzaa 0z C't �� z�aoWwa°�cZa-LLJ° ct z Ch M LLI f+ z a h co po w -[ E-4C3 N IM 44 CN2 L-4 C40 u Q co v CN2 6, , E -,w l � � 6, 41 ❑ L>ul I ci z oMs 4 EXHIBIT "A" TRACT ONE: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 323 and 324 of the 2ND District, 2ND Section of Fulton County, Georgia and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the Land Lot corner common to Land Lots 253, 254, 323 and 324 said District, Section and County; from said common corner run thence South 89 degrees 27 minutes 41 seconds East along the Land Lot line common to Land Lots 253 and 324 said District, Section and County a distance of 605.26 feet to a point found on the Land Lot line common to Land Lots 253 and 324 said District, Section and County, thence leaving said Land Lot line common to Land Lots 253 and 324 said District, Section and County and running South 01 degrees 58 minutes 15 seconds East a distance of 234.34 feet to a point, run thence South 02 degrees 53 minutes 16 seconds West a distance of 96.98 feet to a point, said point being the TRUE POINT OF BEGINNING; from the TRUE POINT OF BEGINNING as thus established, run thence along the arc of a curve to the right an arc distance of 411.27 feet to a point (said arc being subtended by a chord bearing South 59 degrees 01 minutes 39 seconds West a chord distance of 406.55 feet and having a radius of 781.80 feet); run thence along the arc of a curve to the right an arc distance of 298.34 feet to a point (said arc being subtended by a chord bearing South 83 degrees 18 minutes 42 seconds West a chord distance of 296.53 feet and having a radius of 780.94 feet); run thence along the arc of a curve to the right an arc distance of 198.96 feet to a point (said arc being subtended by a chord bearing North 76 degrees 26 minutes 28 seconds West a chord distance of 198.12 feet and having a radius of 624.15 feet); run thence along the arc of a curve to the right an arc distance of 235.00 feet to a point (said arc being subtended by a chord bearing North 62 degrees 46 minutes 07 seconds West a chord distance 234.57 feet and having a radius of 1,124.14 feet); run thence North 54 degrees 41 minutes 58 seconds West a distance of 242.16 feet to a point; run thence along the arc of a curve to the left an arc distance of 362.73 feet to a point (said arc being subtended by a chord bearing North 61 degrees 22 minutes 10 seconds West a chord distance of 361.56 feet and having a radius of 1,303.03 feet); run thence South 69 degrees 29 minutes 04 seconds East a distance of 399.68 feet to a point; run thence South 54 degrees 41 minutes 58 seconds East a distance of 213.72 feet to a point; run thence along the arc of a curve to the left an arc distance of 222.15 feet to a point (said arc being subtended by a chord bearing South 62 degrees 49 minutes 06 seconds East a chord distance of 221.75 and having a radius of 1,064.14 feet); run thence along the arc of a curve to the left an arc distance of 180.49 feet to a point (said arc being subtended by a chord bearing South 76 degrees 23 minutes 55 seconds East a chord distance of 179.72 feet and having a radius of 564.15 feet); run thence along the arc of a curve to the left an arc distance of 276.23 feet to a point (said arc being subtended by a chord bearing North 83 degrees 16 minutes 19 seconds East a chord distance of 274.55 feet and having a radius of 720.94 feet); run thence along the arc of a curve to the left an arc distance of 370.64 feet to a point (said arc being subtended by a chord bearing North 59 degrees 27 minutes 34 seconds East a chord distance of 366.58 feet and having a radius of 721.80 feet); run thence South 55 degrees 28 minutes 18 seconds East a distance of 60.89 feet to a point; said point being the TRUE POINT OF BEGINNING. The above-described property contains approximately 1.99 acres and is more particularly shown on that certain map for Falling Water, Inc., entitled "Longstreet Road Abandonment" prepared by Hussey, Gay, Bell & DeYoung, Engineers & Architects, dated March 12, 2007 (bearing the seal of James A. Davis, G. R. L. S. # 2058), a copy of said map ("Map #1) is attached hereto and by this reference is incorporated herein. SWC] � (nU aC) oCt �w a�� �Q bu.� L �g LLj� QW ¢ts JOS 4 L1 -j InZi ❑Ly � �� QWQ 4 m QCL 0z) UI W W cnza �3a a ❑ a a { Lw N Z 2 � )WL v� � O oal z yvlQ. F' 4Z�I ti W ¢❑ Q ❑ LQ p ❑ 3' V m ❑ W Li Us O W I w❑ QomLu ❑ a LZ do W ¢ t QL. 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GRID NORTH r 1 1 GRID NORTH EXHIBIT "A" TRACT TWO: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 324 of the 2nd District, 2nd Section of Fulton County, Georgia and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the Land Lot corner common to Land Lots 253, 254, 323 and 324 said District, Section and County; run thence South 89 degrees 27 minutes 41 seconds East along the Land Lot line common to Land Lots 253 and 324 said District, Section and County a distance of 605.26 feet to a point found on the Land Lot line common to Land Lots 253 and 324 said District, Section and County, thence leaving said Land Lot line common to Land Lots 253 and 324 said District, Section and County and running South 01 degrees 58 minutes 15 seconds East a distance of 234.34 feet to a point, run thence South 02 degrees 53 minutes 16 seconds West a distance of 96.98 feet to a point; run thence along an arc of a curve to the right an arc distance of 292.62 feet to a point (said arc being subtended by a chord bearing South 54 degrees 40 minutes 46 seconds West a chord distance of 290.91 feet and having a radius of 781.80 feet), said point being the TRUE POINT OF BEGINNING; from the TRUE POINT OF BEGINNING as thus established, run thence South 72 degrees 27 minutes 52 seconds East a distance of 22.11 feet to a point; run thence along an arc of a curve to the right an arc distance of 196.89 feet to a point (said arc being subtended by a chord bearing South 86 degrees 25 minutes 07 seconds East a chord distance of 196.50 feet and having a radius of 905.76 feet); run thence South 80 degrees 04 minutes 07 seconds East a distance of 35.61 feet to a point; run thence South 80 degrees 04 minutes 07 seconds East a distance of 126.75 feet to a point; run thence along an arc of a curve to the left an arc distance of 37.96 feet to a point (said arc being subtended by a chord bearing South 20 degrees 23 minutes 26 seconds East a chord distance of 37.89 feet and having a radius of 175.81 feet); run thence along an arc of a curve to the left an arc distance of 16.57 feet to a point (said arc being subtended by a chord bearing North 70 degrees 40 minutes 29 seconds West a chord distance of 16.56 feet and having a radius of 192.18 feet); run thence North 80 degrees 04 minutes 07 seconds West a distance of 165.11 feet to a point; run thence along an arc of a curve to the left an arc distance of 194.13 feet to a point (said arc being subtended by a chord bearing North 86 degrees 32 minutes 36 seconds West a chord distance of 193.73 feet and having a radius of 875.76 feet); run thence North 78 degrees 08 minutes 06 seconds West a distance of 25.69 feet to a point; run thence North 57 degrees 11 minutes 44 seconds West a distance of 31.83 feet to a point; run thence along an arc of a curve to the left an arc distance of 36.16 feet to a point (said arc being subtended by a chord bearing North 66 degrees 43 minutes 35 seconds East a chord distance of 36.15 feet and having a radius of 781.99 feet); said point being the TRUE POINT OF BEGINNING. The above-described property contains approximately 0.28 acres and is more particularly shown on that certain map for Falling Water, Inc., entitled "Wills Road Abandonment" prepared by Hussey, Gay, Bell & DeYoung, Engineers & Architects, dated March 12, 2007 (bearing the seal of James A. Davis, G. R. L. S. # 2058), a copy of said map ("Map 2") is attached hereto and by this reference is incorporated herein. EXHIBIT "A" TRACT THREE: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 324 of the 2nd District, 2nd Section of Fulton County, Georgia and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the Land Lot corner common to Land Lots 253, 254, 323 and 324 said District, Section and County; run thence South 89 degrees 27 minutes 41 seconds East along the Land Lot line common to Land Lots 253 and 324 said District, Section and County a distance of 605.26 feet to a point found on the Land Lot line common to Land Lots 253 and 324 said District, Section and County, thence leaving said Land Lot line common to Land Lots 253 and 324 said District, Section and County and running South 01 degrees 58 minutes 15 seconds East a distance of 234.34 feet to a point, run thence South 02 degrees 53 minutes 16 seconds West a distance of 96.98 feet to a point; run thence along an arc of a curve to the right an arc distance of 292.62 feet to a point (said arc being subtended by a chord bearing South 54 degrees 40 minutes 46 seconds West a chord distance of 290.91 feet and having a radius of 781.80 feet), run thence South 72 degrees 27 minutes 52 seconds East a distance of 22.11 feet to a point; run thence along an arc of a curve to the right an arc distance of 196.89 feet to a point (said arc being subtended by a chord bearing South 86 degrees 25 minutes 07 seconds East a chord distance of 196.50 feet and having a radius of 905.76 feet); run thence South 80 degrees 04 minutes 07 seconds East a distance of 35.61 feet to a point; run thence South 80 degrees 04 minutes 07 seconds East a distance of 126.75 feet to a point; run thence South 65 degrees 09 minutes 23 seconds East a distance of 76.91 feet to a point, said point being the TRUE POINT OF BEGINNING, from the TRUE POINT OF BEGINNING as thus established, run thence along the arc of a curve to the right an arc distance of 65.48 feet to a point (said arc being subtended by a chord bearing South 46 degrees 23 minutes 45 seconds East a chord distance of 65.25 feet and having a radius of 222.18 feet); run thence along the arc of a curve to the right an arc distance of 57.44 feet to a point (said arc being subtended by a chord bearing South 29 degrees 37 minutes 35 seconds East a chord distance of 57.39 feet and having a radius of 402.28 feet); run thence North 38 degrees 34 minutes 32 seconds West a distance of 117.79 feet to a point; run thence along the arc of a curve to the right an arc distance of 3.54 feet to a point (said arc being subtended by a chord bearing North 37 degrees 45 minutes 49 seconds West a chord distance of 3.54 feet and having a radius of 124.99 feet); said point being the TRUE POINT OF BEGINNING. The above-described property contains approximately 0.02 acres and is more particularly shown on that certain map for Falling Water, Inc., entitled "Wills Road Abandonment" prepared by Hussey, Gay, Bell & DeYoung, Engineers & Architects, dated March 12, 2007 (bearing the seal of James A. Davis, G. R. L. S. # 2058), a copy of said map ("Map 2") is attached hereto and by this reference is incorporated herein. -1- STATE OF GEORGIA AFTER RECORDATION PLEASE RETURN TO: LEX A. WATSON, II, ESQ. COUNTY OF FULTON MERRITT & TENNEY LLP 200 GALLERIA PARKWAY, SE ATLANTA, GEORGIA 30339-3151 TITLE NOT EXAMINED QUITCLAIM DEED THIS QUITCLAIM DEED (the "Deed"), is made this __ day of March, 2007, between THE CITY OF MILTON, A POLITICAL SUBDIVISION OF THE STATE OF GEORGIA (hereinafter referred to as the “Grantor”) and BROOKS LAND, INC., a Georgia corporation (hereinafter referred to as the "Grantee"). W I T N E S S E T H: THAT FOR AND IN CONSIDERATION of the sum of Ten and No/100 ($10.00) Dollars and other good and valuable consideration, the receipt of which is hereby acknowledged, Grantor has bargained, sold, and does by these presents bargain, sell, remise, release, and forever quit-claim to Grantee all of the right, title, interest, claim or demand which Grantor has or may have in and to ALL THOSE TRACTS OR PARCELS OF LAND LYING AND BEING IN Land Lots 323 and 324 of the 2nd District, 2nd Section of Fulton County, Georgia, and being more particularly described on Exhibit "A" attached hereto and by this reference made a part hereof (hereinafter collectively called the "Property"). TO HAVE AND TO HOLD the Property unto Grantee, so that neither Grantor nor any other person or persons claiming under Grantor shall at any time, claim or demand any right, title or interest to the Property or its appurtenances. -2- IN WITNESS WHEREOF, Grantor has signed and sealed this QuitClaim Deed as of the day and year first above written. GRANTOR: Signed, sealed and delivered this___ day of March, 2007 , in the presence of: ___________________________________ THE CITY OF MILTON, GEORGIA Witness a political subdivision of the State of Georgia By: ______________________________ Name: ________________________ Title: _________________________ ___________________________________ Notary Public (AFFIX SEAL) By: ______________________________ My commission expires:________________ Name: ________________________ Title: _________________________ (CITY SEAL) W Lai co J 0 oCi J, 04 s'o z� w F+ J J0' azo ty tz LT_ (n j JZZ Z z�o�wWo3a��wz�. 2 �C14�� ig7�❑I ���a� .i co i to s f 1 S 01058'15," . E-• ; 13•-... 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F- W Tom, z$ o � O W Vi N Z KZ q� zs z * 1+; ISONx EXHIBIT "A" TRACT ONE: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 323 and 324 of the 2ND District, 2ND Section of Fulton County, Georgia and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the Land Lot corner common to Land Lots 253, 254, 323 and 324 said District, Section and County; from said common corner run thence South 89 degrees 27 minutes 41 seconds East along the Land Lot line common to Land Lots 253 and 324 said District, Section and County a distance of 605.26 feet to a point found on the Land Lot line common to Land Lots 253 and 324 said District, Section and County, thence leaving said Land Lot line common to Land Lots 253 and 324 said District, Section and County and running South 01 degrees 58 minutes 15 seconds East a distance of 234.34 feet to a point, run thence South 38 degrees 24 minutes 18 seconds West a distance of 12.63 feet to a point; said point being the TRUE POINT OF BEGINNING; from the TRUE POINT OF BEGINNING as thus established, run thence along the arc of a curve to the right an arc distance of 70.59 feet to a point (said arc being subtended by a chord bearing South 41 degrees 59 minutes 25 seconds West a chord distance of 70.56 feet and having a radius of 738.62 feet); run thence North 55 degrees 28 minutes 18 seconds West a distance of 192.31 feet to a point; run thence along the arc of a curve to the left an arc distance of 449.64 feet to a point (said arc being subtended by a chord bearing North 86 degrees 11 minutes 22 seconds West a chord distance of 428.41 feet and having a radius of 419.34 feet); run thence South 63 degrees 05 minutes 33 seconds West a distance of 163.12 feet; run thence along the arc of a curve to the right an arc distance of 416.53 feet to a point (said arc being subtended by a chord bearing South 87 degrees 51 minutes 56 seconds West a chord distance of 403.67 feet and having a radius of 481.68 feet); run thence North 54 degrees 41 minutes 58 seconds West a distance of 26.66 feet to a point; run thence along the arc of a curve to the left an arc distance of 378.87 feet to a point (said arc being subtended by a chord bearing North 61 degrees 23 minutes 14 seconds West a chord distance 377.65 feet and having a radius of 1,362.98 feet); run thence South 69 degrees 29 minutes 05 seconds East a distance of 418.27 feet to a point; run thence along the arc of a curve to the left an arc distance of 348.17 feet to a point (said arc being subtended by a chord bearing North 86 degrees 48 minutes 14 seconds East a chord distance of 338.32 feet and having a radius of 420.66 feet); run thence North 63 degrees 05 minutes 33 seconds East a distance of 163.12 feet to a point; run thence along the arc of a curve to the right an arc distance of 513.97 feet to a point (said arc being subtended by a chord bearing South 86 degrees 11 minutes 22 seconds East a chord distance of 489.70 and having a radius of 479.34 feet); run thence South 55 degrees 28 minutes 18 seconds East a distance of 190.61 feet to a point; run thence North 82 degrees 00 minutes 34 seconds East a distance of 14.74 feet to a point; said point being the TRUE POINT OF BEGINNING. The above-described property contains approximately 1.89 acres and is more particularly shown on that certain map for Falling Water, Inc., entitled "Longstreet Road Dedication" prepared by Hussey, Gay, Bell & DeYoung, Engineers & Architects, dated March 12, 2007 (bearing the seal of James A. Davis, G. R. L. S. # 2058), a copy of said map ("Map #1) is attached hereto and by this reference is incorporated herein. a Q � '- z a a w \ x� z z` mow4w UJ w zzz°Q�a ce n� _.i ��tiNq�U ❑��m�i U❑��� i �L"Zi 4a=�j� o i FROM IP a Ll a m w� c� A �0 ° �c9 � Z3 w i C, Ell 1....._..: - GRID 6ATH a Q � '- z a a w \ x� z z` mow4w UJ w zzz°Q�a ce n� _.i ��tiNq�U ❑��m�i U❑��� i �L"Zi 4a=�j� o w FROM IP r.,F 61% c� A �0 �c9 IEEE i j Ell 1....._..: - GRID 6ATH ; C) LCJ LLA E' O �1-7 U LLJ ��vm�e7e7.4 4, Ui 4j C7 W U c`�ini Cci ci1-: co co Ui Lu C1C T E Q t I S 01'58'151" �� .... ..I Q FROM IP 61% c� A �0 �c9 IEEE Ell 1....._..: - GRID 6ATH ht\ J C%, 'z ��vm�e7e7.4 W r-cv vL6 cric m 1 \�zz- J j ((-- f U c� A �0 �c9 Ell 1....._..: - GRID 6ATH f U Ell ��vm�e7e7.4 CV21 c`�ini Cci ci1-: co co x°c� o 00 r- Uiri vc0Q0r63cdcAir,:ai66ICQQ t�d'�'C+S .�d' 0 El- 0000,"i � R � a R m a .1 a co r�� N � yp o cD mac 0 0 Q7 v w � w a 4 d' v "d p� V N q2 4to i'7 �0dlrc0't0'W0 .� z- co N co CQ &2 d. $pb?ob �—e u)b4&080._,o CO to 'o 0 ko u7 t% ,-i 0 N 0 N mzzzmcnmzzzmzzmmm � rn ,mmoomvmo�m � m 40 0 v co m colo vi .N- C d� � ailai � CO N ILS M ca ,� ,-I wt ulcodoN �mC7m co0ao0amvvvcom Igd0g0 1000', 000Oc,,-4fnr Ni-c+'],1� �'yC7r—N 24 0 -1 uid666d -1N,1.1.-4 WN w r- ME -4 - D WW 66vi-0s Gmmom CQO Ar+Yi7NN02 M m 10 03r+►A O�c'p�aD�rr�v"(�igd'�A��tt LoNv0 -4 co O mmy�i��md'C�L�2�DLr3C12Cr31[?n2 W v.�Nva��nro�a0000,�Nrs� 0000000000,1.1.1,1,1 NNNNNNNi�2NNNNCI2NN UUUUUUUC.]UUUUUUU f U Ell ��vm�e7e7.4 CV21 c`�ini Cci ci1-: co co f r r m 0 0 a v � R � a R m a .1 a co r�� N � yp o cD mac 0 0 Q7 v w � w a 4 d' v "d � N q2 4to i'7 �0dlrc0't0'W0 .� z- co N co CQ &2 d. $pb?ob u)b4&080._,o CO to 'o 0 ko u7 t% ,-i 0 N 0 N mzzzmcnmzzzmzzmmm EXHIBIT "A" TRACT THREE: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lot 324 of the 2ND District, 2ND Section of Fulton County, Georgia and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the Land Lot corner common to Land Lots 253, 254, 323 and 324 said District, Section and County; from said common corner run thence South 89 degrees 27 minutes 41 seconds East along the Land Lot line common to Land Lots 253 and 324 said District, Section and County a distance of 605.26 feet to a point found on the Land Lot line common to Land Lots 253 and 324 said District, Section and County, thence leaving said Land Lot line common to Land Lots 253 and 324 said District, Section and County and running South 01 degrees 58 minutes 15 seconds East a distance of 234.34 feet to a point, run thence South 01 degrees 58 minutes 15 seconds West a distance of 88.56 feet to a point; run thence along the arc of a curve to the left an arc distance of 54.66 feet to a point (said arc being subtended by a chord bearing North 41 degrees 06 minutes 37 seconds East a chord distance of 54.65 feet and having a radius of 707.06 feet); run thence South 06 degrees 58 minutes 00 seconds East a distance of 13.35 feet to a point; run thence along the arc of a curve to the right an arc distance of 124.60 feet to a point (said arc being subtended by a chord bearing South 35 degrees 04 minutes 30 seconds East a chord distance of 121.98 feet and having a radius of 175.00 feet); run thence South 14 degrees 40 minutes 41 seconds East a distance of 113.77 feet to a point; run thence along the arc of a curve to the left an arc distance of 48.59 feet to a point (said arc being subtended by a chord bearing South 25 degrees 48 minutes 54 seconds East a chord distance of 48.29 feet and having a radius of 125.00 feet); run thence along the arc of a curve to the left an arc distance of 72.86 feet to a point (said arc being subtended by a chord bearing North 64 degrees 14 minutes 04 seconds West a chord distance of 72.54 feet and a radius of 222.18 feet); run thence South 20 degrees 23 minutes 26 seconds East a distance of 37.89 feet to a point, said point being the TRUE POINT OF BEGINNING, from the TRUE POINT OF BEGINNING as thus established, run thence along the arc of a curve to the right an arc distance of 100.38 feet to a point (said arc being subtended by a chord bearing South 53 degrees 14 minutes 28 seconds East a chord distance of 99.24 feet and having a radius of 192.18 feet); run thence along the arc of a curve to the right an arc distance of 125.94 feet to a point (said arc being subtended by a chord bearing South 23 degrees 51 minutes 08 seconds East a chord distance of 125.34 feet and having a radius of 372.28 feet); run thence South 75 degrees 50 minutes 21 seconds West a distance of 10.55 feet to a point; run thence North 14 degrees 17 minutes 23 seconds West a distance of 3.56 feet to a point; run thence along the arc of a curve to the left an arc distance of 52.98 feet to a point (said arc being subtended by a chord bearing North 26 degrees 25 minutes 58 seconds West a chord distance of 52.59 feet and having a radius of 125.00 feet); run thence North 38 degrees 34 minutes 32 seconds West a distance of 121.89 feet to a point; run thence along the arc of a curve to the right an arc distance of 36.60 feet to a point (said arc being subtended by a chord bearing North 32 degrees 35 minutes 06 seconds West a chord distance of 36.53 feet and a radius of 175 feet); said point being the TRUE POINT OF BEGINNING. The above-described property contains approximately 0.10 acres and is more particularly shown on that certain map for Falling Water, Inc., entitled "Longstreet Road Dedication" prepared by Hussey, Gay, Bell & DeYoung, Engineers & Architects, dated March 12, 2007 (bearing the seal of James A. Davis, G. R. L. S. # 2058), a copy of said map ("Map #2) is attached hereto and by this reference is incorporated herein. EXHIBIT "A" TRACT THREE: ALL THAT TRACT OR PARCEL OF LAND lying and being in Land Lots 323 and 324 of the 2ND District, 2ND Section of Fulton County, Georgia and being more particularly described as follows: To find the TRUE POINT OF BEGINNING, commence at the Land Lot corner common to Land Lots 253, 254, 323 and 324 said District, Section and County; from said common corner run thence South 89 degrees 27 minutes 41 seconds East along the Land Lot line common to Land Lots 253 and 324 said District, Section and County a distance of 605.26 feet to a point found on the Land Lot line common to Land Lots 253 and 324 said District, Section and County, thence leaving said Land Lot line common to Land Lots 253 and 324 said District, Section and County and running South 01 degrees 58 minutes 15 seconds East a distance of 234.34 feet to a point, run thence South 38 degrees 24 minutes 18 seconds West a distance of 12.63 feet to a point; said point being the TRUE POINT OF BEGINNING; from the TRUE POINT OF BEGINNING as thus established, run thence along the arc of a curve to the left an arc distance of 54.66 feet to a point (said arc being subtended by a chord bearing North 41 degrees 06 minutes 37 seconds East a chord distance of 54.65 feet and having a radius of 707.06 feet); run thence South 06 degrees 58 minutes 00 seconds East a distance of 13.35 feet to a point; run thence along the arc of a curve to the right an arc distance of 124.60 feet to a point (said arc being subtended by a chord bearing South 35 degrees 04 minutes 30 seconds East a chord distance of 121.98 feet and having a radius of 175.00 feet); run thence South 14 degrees 40 minutes 41 seconds East a distance of 113.77 feet to a point; run thence along the arc of a curve to the left an arc distance of 48.59 feet to a point (said arc being subtended by a chord bearing South 25 degrees 48 minutes 54 seconds East a chord distance of 48.29 feet and having a radius of 125.00 feet); run thence along the arc of a curve to the left an arc distance of 72.86 feet to a point (said arc being subtended by a chord bearing North 64 degrees 14 minutes 04 seconds West a chord distance of 72.54 feet and a radius of 222.18 feet); run thence North 80 degrees 04 minutes 07 seconds West a distance of 4.53 feet to a point; run thence North 14 degrees 40 minutes 41 seconds West a distance of 112.20 feet to a point; run thence along the arc of a curve to the left an arc distance of 89.00 feet to a point (said arc being subtended by a chord bearing North 35 degrees 04 minutes 30 seconds West a chord distance 87.13 feet and having a radius of 125.00 feet); run thence North 55 degrees 28 minutes 18 seconds West a distance of 69.56 feet to a point; run thence North 43 degrees 19 minutes 30 seconds East a distance of 5.78 feet to a point; said point being the TRUE POINT OF BEGINNING. The above-described property contains approximately 0.35 acres and is more particularly shown on that certain map for Falling Water, Inc., entitled "Longstreet Road Dedication" prepared by Hussey, Gay, Bell & DeYoung, Engineers & Architects, dated March 12, 2007 (bearing the seal of James A. Davis, G. R. L. S. # 2058), a copy of said map ("Map #2) is attached hereto and by this reference is incorporated herein. City of Milton .......... ......... _ 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval o a Resolution to Amending Resolution No. 06-11-04, A Resolution Appointing Mark E. Scott of Jarrard & Davis as City Attorney MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED CITY ATTORNEY A•PPR6'"t REQUIRED: YES (} NO 0111N t" APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS: ,,� ' REMARKS: A L— It, 2097 Page 1 of 1 STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. _______ A RESOLUTION AMENDING RESOLUTION NO. 06-11-04, A RESOLUTION APPOINTING MARK E. SCOTT OF JARRARD & DAVIS AS CITY ATTORNEY The Council of the City of Milton hereby resolves while in a regular meeting on the 12th day of April, 2007 at 7:00 pm.: SECTION 1. That Mark E. Scott of Jarrard & Davis is hereby appointed as the City Attorney for the City of Milton, GA by the Mayor and confirmed by the City Council pursuant to Article IV, Section 4.12of the City Charter; and, SECTION 2. That Mark E. Scott and his firm shall perform the duties of City Attorney as directed by the City; and, SECTION 3. All Resolutions, parts of resolutions, or regulations in conflict herewith are hereby repealed; and, SECTION 4. That this Resolution shall become effective immediately upon adoption. RESOLVED this the ______ day of April, 2007. Approved: ____________________________ Joe Lockwood, Mayor Attest: _____________________________ Jeanette R. Marchiafava, City Clerk (Seal) STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. 07-02-015 A RESOLUTION APPOINTING MEMBERS TO THE CITY OF MILTON CONSTRUCTION BOARD OF ADJUSTMENT AND APPEALS BE IT RESOLVED by the City Council of the City of Milton, GA while in regular session on February 15th, 2007 at 7:00 p.m. as follows: SECTION 1. That Robert Coates (District 1), Steve R. Creek (District 3), Paul Norfleet (District 5), and Don Lee (At Large) are hereby appointed for a term commencing February 15, 2007 and ending on December 31, 2009 and, SECTION 2. That Mark Doyle (District 2), (To Be Determined) (District 4) and (To Be Determined) (District 6) are hereby appointed for a term commencing February 15, 2007 and ending December 31, 2007 and, SECTION 3. That this Resolution shall become effective upon its adoption. RESOLVED this the 15th day of February, 2007. Approved: ____________________________ Joe Lockwood, Mayor Attest: ______________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton IMO Deerfield Parkway, Suite 107, Milton, Georgia 30044 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of a Resolution Approving the Fiscal Year 2007 Work Plan for the City of Milton, Georgia, As Amended MEETING DATE: Thursday, April 12, 2047 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: () APPROVED () NOT APPROVED CI TY ATTORNEY APPROVAL REQUIRED: () YES () NO APPROVAL BY CITY ATTORNEY () APPROVED { } NOT APPROVED PLACED ON AGENDA FOR: REMARKS: City of Milton 115 Perimeter Center Place NE Suite 7$5 Atlanta, Georgia 30346 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: March 12, 2007 for Submission onto the April 12, 2007 City Council Agenda Agenda Item: A Resolution Approving the Fiscal Year 2007 Work Plan for the City of Milton, Georgia, As Amended CMO (City Manager's Office) Recommendation: Approve the attached resolution adopting the Fiscal Year 2007 Work Plan, as amended, for the City of Milton thereby providing a prioritized list of projects for city staff. Background: On an annual basis, the City of Milton will adopt a work plan providing the upcoming year's priorities. Traditionally this activity will be done during the annual budget process so that the appropriation process can be tied to the work being performed; however, for our first fiscal year these activities are being completed independently of each other. The goal of approving the work plan and accomplishing the Iist of projects is to best represent the goals of the Mayor and City Council on an annual on-going basis in a dynamic environment. Because not all activities can be foreseen, the attached resolution outlines those projects which are larger in scope and require substantial staff effort and/or resources. Priorities listed on the attached documents represent those items represented by the community to the elected officials to be the most critical and substantial for the welfare and promotion of our community. The original work plan was adopted on March 1, 2007. Discussions at the March 8, 2007 work session have added the following: 1. Creation of a Historical Preservation Commission/Ordinance; and 2. Adoption of a Wireless Telecommunications Ordinance. Discussion: During the February 8 and 9, 2007 retreat, the Mayor and Council brainstormed a list of potential projects they would like to see completed. The list was then prioritized through a non-binding voting process and formulated as attached. Once the list is approved, staff will begin to formulate a detailed project worksheet which will provide the roadmap to completion for each of the projects. Each of the project worksheets will be reviewed to insure citizen participation and an aggressive schedule which promotes prompt action without being unduly burdensome to staff. Routine updates will be provided to the elected officials and staff on the specific projects within the annual work plan. Alternatives: N/A Concurrent Review: NIA RESOLUTION NO. STATE OF GEORGIA COUNTY OF FULTON A RESOLUTION ESTABLISHING THE FISCAL YEAR 2447 WORK PLAN FOR ALL DEPARTMENTS AND SERVICES OF THE CITY OF MILTON, GEORGIA AND DIRECTING THE CITY MANAGER TO FORMALLY MANAGE SUCH PRIORITY PROJECTS; AND FOR OTHER PURPOSES WHEREAS, the City of Milton will adopt an annual work plan distinguishing the priority projects of the Mayor and City Council; WHEREAS, such work plan will traditionally be a part of the annual financial planning process and be adopted when the annual budget is approved to insure sufficient resources are dedicated to the necessary projects; and WHEREAS, City staff will prepare documents on each project providing details on the appropriate actions to complete the projects in an aggressive manner without being unduly burdensome to staff, and WHEREAS, the Mayor and City Council prioritized the following list of projects during the February 8 and 9, 2047 retreat and subsequently discussed the items at a regularly scheduled City Council Work Session on March 8, 2006: Legacy Projects 1. Update or Amend the Comprehensive Land Use Plan; 2. Advance Overlays in Key Commercial Corridors as soon as Practical; 3. Adopt a Tree Ordinance; 4. Establish Historic Preservation Ordinance/Commission; Non -Legacy Projects 5, Annexation Dispute Resolution; 6. Adoption of a Noise Ordinance; 7. Closing of Sewer Ordinance Loopholes; S. Develop a plan for alleviating safety and congestion problems at three key intersections: Crabapple, Bethany Bend, and Birmingham/Providence; 9. Adopt a new Sign Ordinance; 10. Certified City of Ethics Designation; 11. Capital Improvement Program and LARD Funding; 12. Milton Volunteer Pacers — recruit more people to work on city projects and programs; and 13. Adoption of a Wireless Telecommunications Ordinance. NOW, THEREFORE, BE 1T RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council approve the attached list of projects as the annual work plan for the City of Milton. Further, the Mayor and City Council authorize the City Manager to manage these projects in the most effective and efficient manner possible to accomplish these goals and to utilize the necessary government resources in a respectful manner to supplement staff. This resolution shall be effective immediately upon its adoption and any previous resolution adopted shall be superseded by this document. RESOLVED this St day of , 2007. Approved: Mayor Attest: Jeanette R. Marchiafava, City Clerk (Seal) City of Milton " 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of a Resolution Amending Resolution No 07-01-03 Adopting the City of Milton Zoning and Use Permit and Zoning Modification Schedules, Design Review Board and Board of Zoning Appeals schedules MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMA TION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: O YES kj NO APPROVAL BY CITY ATTORNEY () APPROVED (} NOTAPPROVED PLACED ON AGENDA FOR: REMARKS: City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Honorable Mayor and City Council Members From: Tom Wilson, Community Development Director Date: March 26, 2007 for Submission onto the April 12, 2007 City Council Meeting Agenda Agenda Item: A Resolution Amending Resolution No 07-01-03 Adopting the City of Milton Zoning and Use Permit and Zoning Modification Schedules, Design Review Board and Board of Zoning Appeals schedules CMO (City Manager’s Office) Recommendation: To adopt the attached amended City of Milton Zoning and Use Permit, Zoning Modification, Design Review Board, and Board of Zoning Appeals schedules. Background: The Milton City Council approved Resolution No. 07-01-03 on January 11th, 2007 to approve schedules which included Zoning and Use Permit, Zoning Modification Schedules, and Board of Zoning Appeals schedules. Discussion: Since the approval of Resolution 07-01-03 there is a need to make changes to the scheduled dates of the Zoning and Use Permit, Zoning Modification, Board of Zoning Appeals, and Design Review Board Schedules to reflect the days and times each Board or Commission proposed for their meetings. The proposed new schedules are attached to this resolution as well as a summary of all the Boards and Commissions’ schedules. The following meeting schedule is being proposed: Planning Commission – 4th Tuesday of the month at 7:00 pm. Board of Zoning Appeals – 3rd Tuesday of the month at 7:00 pm. Design Review Board – 1st Tuesday of the month at 6:00 pm. All of these meetings will be held at the Milton City Hall at 13000 Deerfield Parkway, Building 100. Alternatives: There are no reasonable alternatives to adoption of this ordinance. Concurrent Review: Aaron J. Bovos, CGFM, CTP, City Manager STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. A RESOLUTION AMENDING RESOLUTION NO.07-01-03 ADOPTING THE CITY OF MILTON ZONING AND USE PERMIT SCHEDULE ZONING MODIFICATION SCHEDULE BOARD OF ZONING APPEALS SCHEDULE AND THE CITY OF MILTON DESIGN REVIEW BOARD SCHEDULE The Council of the City of Milton hereby resolves while in regular session on the 12`" day of April, 2007 at 7:00 pm: SECTION 1. That the Zoning and Use Permit Schedule is hereby revised and approved as attached SECTION 2. That the Zoning Modification Schedule is hereby revised and approved as attached SECTION 3. That the Board of Zoning Appeals Schedule is hereby revised and approved as attached SECTION d. That the Design Review Board Schedule is hereby approved as attached SECTION 5. All Resolutions, parts of resolutions, or regulations in conflict herewith are hereby repealed. SECTION 6. That this approval be effective April 12, 2007. RESOLVED BY THE COUNCIL OF THE CITY OF MILTON this 12`h day of April, 2007. Approved: Joe Lockwood, Mayor Attest: Jeanette R. Marchiafava, City Clerk CITY OF MILTON MEETING SCHEDULE CITY COUNCIL MEETINGS – 7:00 p.m. 1st THURSDAY 3RD THURSDAY (ZONING AGENDA) PLANNING COMMISSION – 7:00 p.m. 4TH TUESDAY BZA – 7:00 p.m. 3RD TUESDAY CZIM – 7 p.m. 4TH THURSDAY CITY OF MILTON DESIGN REVIEW BOARD (DRB) – 6:00 p.m. 1st TUESDAY 2007 City of Milton Zoning and Use Permit Schedule Application Filing Deadline 5:00 PM (1st Tuesday) Community Zoning Information Meeting (CZIM) 7pm (4th Thursday) Planning Commission Meeting Thursday 7pm (4th Tuesday) Milton City Council Thursday (Zoning Agenda) (3rd Tuesday) 01/02/07 01/25/07 02/22/07 03/15/07 02/06/07 02/22/07 3/22/07 04/19/07 03/06/07 3/22/07 04/24/07 05/17/07 04/03/07 04/26/07 05/22/07 06/21/07 05/01/07 05/24/07 06/26/07 07/19/07 06/05/07 06/28/07 07/24/07 08/16/07 07/03/07 07/26/07 08/21/07 09/20/07 08/07/07 08/23/07 09/25/07 10/18/07 09/04/07 09/27/07 10/23/07 11/15/07 10/06/07 10/25/07 11/20/07 12/20/07 11/06/07 11/20/07 12/18/07 01/17/08 12/04/07 12/27/07 01/22/08 02/21/08 2007 City of Milton Board of Zoning Appeals Schedule (3rd Tuesday) 7:00 p.m. Application Filing Deadline Board of Zoning Appeals Meeting 1/02/07 03/20/07 2/06/07 04/17/07 3/06/07 05/15/07 4/03/07 06/19/07 5/01/07 07/17/07 6/05/07 08/21/07 7/03/07 09/18/07 8/07/07 10/16/07 9/04/07 11/20/07 10/06/07 12/18/07 11/06/07 01/15/08 12/04/07 02/19/08 2007 City of Milton Zoning Modification Schedule (CITY COUNCIL AGENDA) 7:00 p.m. Application Filing Deadline Milton City Council 1/02/07 03/22/07 2/06/07 04/19/07 3/06/07 05/17/07 4/03/07 06/21/07 5/01/07 07/19/07 6/05/07 08/16/07 7/03/07 09/20/07 8/07/07 10/18/07 9/04/07 11/15/07 10/06/07 12/20/07 11/06/07 01/17/08 12/04/07 02/21/08 2007 City of Milton Design Review Board (1st Tuesday) 6:00 p.m. Filing Deadline (3rd Tuesday of the Month) City of Milton Design Review Board 4/17/07 05/01/07 05/15/07 06/05/07 06/19/07 07/10/07 07/17/07 08/07/07 08/21/07 09/04/07 09/18/07 10/02/07 10/16/07 11/06/07 11/20/07 12/04/07 12/18/07 01/08/08 2007 CITY COUNCIL MEETINGS (ZONING AGENDA) March 01 2007 April 19 2007 May 17 2007 June 21 2007 August 16 2007 September 20 2007 October 18 2007 November 15 2007 December 20 2007 January 17 2008 February 21 2008 City of Miltonmm 13000 Deerfield Parkway, Suite 107, Milton, Georgia 3x004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of an intergovernmental agreement concerning the processing, storage, and control of evidence within the City of Alpharetta by the City of Milton Department of Public Safety MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER:APPROVED () NOTAPPROVED CITY ATTORNEY APPROVAL REQUIRED: P YES () NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLA CED ON A GENDA FOR: L_ 1-2 200-7 REMARKS: City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Director of Public Safety Date: March 22, 2007 for submission onto the April 12, 2007 City Council Meeting Agenda Item: An intergovernmental agreement concerning the processing, storage, and control of evidence within the City of Alpharetta by the City of Milton Department of Public Safety CMO (City Manager’s Office) Recommendation: Approve the attached intergovernmental agreement concerning the processing, storage, and control of evidence within the City of Alpharetta by the City of Milton Department of Public Safety. Background: The City of Milton is required to have immediate twenty-four hour per day, seven days a week access to property and evidence storage. Along with that access to secured storage, it is imperative the lawful chain of custody is maintained and that evidence needed for court is available. Additionally, property, whether recovered, abandoned or otherwise must be stored and either returned to its rightful owner or destroyed. Packaging and storage of property and evidence must be in conformance with professionally accepted standards. The City of Alpharetta Department of Public Safety is an agency recognized by the Commission on Accreditation for Law Enforcement Agencies, Inc. and the Georgia Association of Chiefs of Police Certification Program. Sound reporting practices must be in place and these professional programs ensure the highest professional practice is being maintained. Discussion: During our deployment planning, the Public Safety Directors of both the City of Milton and the City of Alpharetta conferred on how joining into an intergovernmental agreement between the two cities dealing with property and evidence storage would be beneficial to both. The City of Alpharetta recently completed construction on a new property and evidence storage facility. It truly is state of the art. Presently it is staffed with one Evidence Technician. In the planning process with Alpharetta, it was discussed how Milton would benefit from having access to such a progressive system and how Alpharetta would benefit from an additional Evidence Technician in its system. Alpharetta would be able to allow the facility to be open each day rather than traditionally Monday through Friday. This benefits Milton’s citizens in that a lost item could be retrieved seven days a week, rather than five. A lost wallet on a Friday for example could be retrieved on Saturday and our citizen would not have to wait until Monday. These types of tangible benefits become realizations for both cities. City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 If Milton elected not to enter into this intergovernmental agreement, the need for property and evidence storage would remain a reality. A location at a governmental building would have to be renovated and/or off site storage would be rented. Staff costs would additionally attach. In this agreement, Alpharetta agrees to invoice Milton $56,000 plus a 7.5% administrative processing fee, totaling $60,200 for the processing, storage and control of evidence within the City of Alpharetta Police Department by the City of Milton Department of Public Safety rendered pursuant to this Agreement in year one. In subsequent years, Alpharetta will provide actual costs for the additional one personnel and invoice Milton that actual cost plus a one third pro-rata share of supplies and specific outside laboratory analysis for the City of Milton at an additional cost not to exceed $5000. The Milton Public Safety Director must authorize any amount greater than $5000. Documentation shall be provided by Alpharetta to Milton itemizing the expenses upon request. This is a budgeted expense. Staff is confident that because of the cost / benefit to both cities, this IGA will provide a more efficient service to the citizens of Milton than would be possible if we elected to store and maintain evidence and property ourselves. The same would hold true for the City of Alpharetta. There are benefits both directions in this intergovernmental agreement which is why it remains as attractive as it does. Alternatives: The alternative to entering into this intergovernmental agreement with the City of Alpharetta is to either: 1) Enter into an intergovernmental agreement with a different agency, or 2) Develop and staff a property/evidence component which would include design and construction, or rental, of a facility and its associated costs along with the salary of a staff person to act as the evidence technician. The staff recommendation is that this intergovernmental agreement is a sound fiscal and operational choice. Concurrent Review: Aaron Bovos, City Manager Mark Scott, City Attorney INTERGOVERNMENTAL AGREEMENT CONCERNING THE PROCESSING, STORAGE, AND CONTROL OF EVIDENCE WITHIN THE CITY OF ALPHARETTA BY THE CITY OF MILTON DEPARTMENT OF PUBLIC SAFETY THIS INTERGOVERNMENTAL AGREEMENT, by and between the City of Alpharetta, Georgia (“Alpharetta”) and the City of Milton, Georgia (“Milton”) entered into this _____ day of _________, 2007. GENERAL PURPOSE The general purpose of this agreement is to provide an effective and efficient method for the processing, storage and control of evidence within the City of Alpharetta Public Safety Center (Center), and to ensure an adequate chain of custody of all evidence and property seized and held by the above listed agencies. This agreement is entered into by each party in the spirit of joint cooperation and mutual good will. DEFINITION OF TERMS For the purposes of this agreement, the terms defined in this section shall have the meanings given them. “Party” means any law enforcement agency, which is a party to this agreement. “Milton” means the City of Milton Public Safety Department. “Alpharetta” means the City of Alpharetta Public Safety Department. “Officer” means any employee of the responding party whether full time sworn, part time sworn, reserve, or civilian. “Evidence Technician” means an employee of the City of Alpharetta who is responsible for evidence collection, processing and control in accordance with Alpharetta Police Department policies and state law. PROCEDURE Parties to this agreement agree that the following procedures will govern the processing, storage and control of evidence within the Alpharetta Public Safety Center. 1. For security management purposes, the portion of the Center designated for evidence processing and storage shall be under the exclusive control of the City of Alpharetta and the Evidence Technician. Mutual Aid Agreement Page 2 Final 2 2. Each party agrees that the Evidence Technician is the designated evidence custodian for any evidence placed in the Center. 3. Each party agrees to follow any procedures established by the Evidence Technician for placing evidence into storage. 4. The Evidence Technician and the City of Alpharetta will maintain a record of all evidence placed into the Center, and when requested by any of the parties shall prepare reports concerning evidence submitted by their agency. 5. All parties agree to share the expense of supplies needed for packaging and submittal of evidence. This expense will be based on the percentage of use by each of the parties. 6. The Evidence Technician will be available to the City of Milton and will testify for any party in regard to chain of custody issues. 7. Each party agrees to appoint an independent staff level officer, on an annual basis, to complete an audit of the evidence storage facility(s). 8. The Alpharetta Director of Public Safety, or his designee, shall be responsible for the overall supervision of the Evidence Technician. 9. The Alpharetta Director of Public Safety, or his designee, shall be responsible for having the Center open to the public a minimum of forty-eight (48) hours per week. 10. Any officer who collects evidence shall be the custodian of all evidence and/or property collected until such time as it is booked into evidence at the Center. 11. The collecting/submitting officer shall be responsible for the processing of all evidence according to procedures set forth by the Evidence Technician and for requesting in writing any analysis or examination. 12. Only the Director of Public Safety of the collecting agency, or his designee, shall respond to media requests for information concerning any evidence placed into the Center. 13. The Evidence Technician shall be responsible for the transportation or shipping of any evidence that must be sent to GBI, or any other agency/lab for testing. 14. The Alpharetta Police Department is a nationally accredited agency through the Commission on Accreditation for Law Enforcement Agencies, Inc. (CALEA) at the onset of this agreement. The Alpharetta Police Department is also a certified agency through the State of Georgia Law Enforcement Certification program which is administered by the Georgia Association of Chief’s of Police. Alpharetta agrees to maintain their compliance with standards relating to the processing, storage and control of evidence within their facility in both of the programs listed in this section. Any non-compliance issues shall promptly be reported to the City of Milton Director of Public Safety. Mutual Aid Agreement Page 3 Final 3 15. Any complaints of officer misconduct arising out of the collection of evidence shall be investigated and disposed of by the Director of Public Safety, or his designee, of the party employing the officer complained of. Any complaints of misconduct arising out of the storage of evidence shall be investigated by the City of Alpharetta, which may request assistance from any of the parties. COMPENSATION AND CONSIDERATION For the processing, storage and control of evidence within the City of Alpharetta Police Department by the City of Milton Department of Public Safety rendered pursuant to this agreement, Alpharetta agrees to employ one additional Investigative Technician. The recruitment and hiring will be the sole responsibility of the City of Alpharetta, and implementation of the terms of this Agreement is not dependant on the employment of such additional personnel. Milton agrees to pay Alpharetta $56,000 plus a 7.5% administrative processing fee, totaling $60,200 for the processing, storage and control of evidence within the City of Alpharetta Police Department by the City of Milton Department of Public Safety rendered pursuant to this Agreement in year one. Milton agrees to pay Alpharetta monthly $5017 pursuant to this Agreement. This fee shall be paid on or before the fifth day of the month for which services pursuant to this Agreement are to be rendered. In subsequent years, Alpharetta will provide actual costs for the additional one personnel and invoice Milton that actual cost plus a one third pro-rata share of supplies and specific outside laboratory analysis for the City of Milton at an additional cost not to exceed $5000. The Milton Public Safety Director must authorize any amount greater than $5000. Documentation shall be provided by Alpharetta to Milton itemizing the expenses upon request. The respective Public Safety Directors from both parties agree to work in good faith to identify the actual costs in subsequent years. WITHDRAWAL AND TERMINATION Either City may withdraw at any time with thirty (30) days written notice to the other City which is party to this agreement. Milton shall take custody of and remove its stored evidence within ten (10) days of any such termination. IN WITNESS WHEREOF, The Cities of Milton and Alpharetta have executed this Amendment through their duly authorized officers on the day and year first above written. SIGNATURES APPEAR ON THE FOLLOWING PAGE Mutual Aid Agreement Page 4 Final 4 CITY OF ALPHARETTA, GEORGIA ATTEST: _______________________________ _________________________________ Arthur Letchas Sue Rainwater Mayor Clerk SEAL Approved as to Form: _____________________________ _________________________________ Sam Thomas, Esquire Robert Regus City Attorney City Administrator CITY OF MILTON, GEORGIA _____________________________ ________________________________ Joe Lockwood Jeanette Marchiafava Mayor Municipal Clerk SEAL Approved as to Form: _____________________________ ________________________________ Mark E. Scott, Esquire Aaron J. Bovos City Attorney City Manager City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 27, 2007 FROM: City Manager t* AGENDA ITEM: Approval of an intergovernmental agreement concerning the Georgia Crime Information Center (GCIC) Criminal Justice Information System Holder of Record Agreement between the City of Alpharetta, Georgia and the City of Milton, Georgia MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additionalpages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: P YES () NO APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED PLACED ON AGENDA FOR: REMARKS: City of Milton 13000 Deerfield Parkway, Building 100 Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Chris Lagerbloom, Director of Public Safety Date: March 22, 2007 for submission onto the April 12, 2007 City Council Meeting Agenda Item: An intergovernmental agreement concerning the Georgia Crime Information Center (GCIC) Criminal Justice Information System Holder of Record Agreement between the City of Alpharetta, Georgia and the City of Milton, Georgia CMO (City Manager’s Office) Recommendation: Approve the attached intergovernmental agreement concerning the Georgia Crime Information Center (GCIC) Criminal Justice Information System Holder of Record Agreement between the City of Alpharetta, Georgia and the City of Milton, Georgia. Background: The City of Milton is required to have immediate twenty-four hour per day, seven days a week access to the Georgia Crime Information Center (GCIC). Through this intergovernmental agreement, the City of Alpharetta, Georgia will act as the Holder of Records for the City of Milton, Georgia. This will allow for the entry and removal of “hot” files and for other inquiry and reporting purposes. Discussion: Access to the GCIC system, which includes the ability to enter and remove “hot” files, in accordance with this intergovernmental agreement, will bring the City of Milton into compliance with applicable law. The cost to the City of Milton is $1521 per month, or $18,252 annually. This is a budgeted expense. Alternatives: The alternative to entering into this intergovernmental agreement with the City of Alpharetta is to either: 1) Enter into an intergovernmental agreement with a different agency, or 2) Develop and staff a GCIC component which operates twenty four hours a day, seven days a week. In order to accomplish this, a minimum of six staff persons would be required at a salary cost which would easily exceed $250,000 before any equipment purchase. The staff recommendation is that this intergovernmental agreement is a sound fiscal and operational choice. Concurrent Review: Aaron Bovos, City Manager Mark Scott, City Attorney 1 3/29/2007 INTERGOVERNMENTAL AGREEMENT CONCERNING THE GEORGIA CRIME INFORMATION CENTER (GCIC) CRIMINAL JUSTICE INFORMATION SYSTEM HOLDER OF RECORD AGREEMENT BETWEEN THE CITY OF ALPHARETTA, GEORGIA AND THE CITY OF MILTON, GEORGIA THIS INTERGOVERNMENTAL AGREEMENT, by and between the City of Alpharetta, Georgia (“Alpharetta”) and the City of Milton, Georgia (“Milton”) entered into this _____ day of _________, 2007. Georgia Crime Information Center (GCIC) Criminal Justice Information System Holder of Record Agreement This Agreement between the Milton Department of Public Safety and the Alpharetta Department of Public Safety formally establishes the requirements for requesting criminal history record information (CHRI) and other information available via Georgia’s Criminal Justice Information System network (CJIS), the National Law Enforcement Telecommunications System (NLETS), or the National Crime Information System (NCIC). It establishes how record entries, modifications, supplemental record entries, record locates, clearances and cancellations will be accomplished. It also establishes individual agency responsibilities for confirming all requests for “HIT” confirmations and validating record entries. Requesting Criminal History Record Information In accordance with federal regulations, NCIC policy and the Alpharetta Department of Public Safety User’s Agreement, all requests for CHRI are made using a criminal justice agency Originating Agency Identifier (ORI). When a criminal justice agency requests CHRI for the administration of criminal justice (PUR/ C), that agency shall provide a warrant number, case number, citation number, “EF” number, arrest/booking number, system record number, docket number or other significant number leading to the case file or investigation. Failure to provide such a required number shall result in denial of the request and notification to the GCIC Chief of Staff of a potential violation of O.C.G.A. §16-9-90. When a criminal justice agency requests CHRI for criminal justice employment (PUR/J) or other authorized purposes (PUR/E, M, N, W], that agency shall provide a copy of the fingerprint card or the signed consent form. Failure to provide either document shall result in the denial of the request and notification to the GCIC Chief of Staff of a potential violation of O.C.G.A. §16-9-90. Requesting Vehicle Registration/Title, Driver History and Other Information via the CJIS Network, NLETS or NCIC All requests for information received over the law enforcement radio network(s) 2 3/29/2007 monitored by Alpharetta Department of Public Safety shall be honored and the requested information shall be provided as soon as possible. If the requesting officer, prior to the end of the shift on which it was requested, does not claim hard copies of the terminal printouts, the printouts shall be shredded. Telephonic requests shall be honored if the operator can identify the person making the request. If the operator is unsure of the requester, the operator shall ask the requester to provide their agency’s ORI then telephone that agency to ensure the requester is authorized to receive said information. If the person is authorized to receive the information, the operator shall make the request using the ORI of the Alpharetta Department of Public Safety. If the person is not authorized to receive the information, the operator will not request the information and will notify his or her supervisor. The supervisor shall be responsible for notifying the GCIC Chief of Staff of a potential security violation. Making Record Entries, Modifications and Supplemental Record Entries The ORI of the Alpharetta Department of Public Safety shall be used to make all requested record entries when it receives a warrant or a complete incident report from the Milton Department of Public Safety. The only exception to this requirement is when the Milton Department of Public Safety requests the entry of a missing juvenile, a fleeing felon, felony vehicle or a missing ALZHEIMER’S afflicted adult. Requests for these types of entries shall be accepted telephonically. Supporting documentation shall be faxed or delivered as soon as it is available. If the supporting documentation is not received within 48 hours, the record entry(s) shall be canceled. The Alpharetta Department of Public Safety shall use the warrant or complete incident report to code the GCIC/NCIC worksheet prior to entering the record. The Alpharetta Department of Public Safety for wanted and missing person record entries shall inquire against the GCIC and NCIC criminal history files (using the ORI of the Milton Department of Public Safety). The Milton Department of Public Safety shall indicate the limits of extradition on the face of the warrant. All additional personal descriptors shall be added to the GCIC/NCIC worksheet and included in the record entry or added to the record entry using the Supplemental Record Entry format. When all available information has been added to the record entry, an inquiry shall be made against the record entry. Another person in the Alpharetta Department of Public Safety shall check the inquiry response for completeness and accuracy. Copies of the GCIC/NCIC worksheet and all terminal printouts shall be returned to the Milton Department of Public Safety. The worksheets and printouts are to be placed in the case files and are subject to review by GCIC and NCIC Auditors. Requests for Modifying, Clearing and Canceling Record Entries When the Milton Department of Public Safety requests that a record entry be modified, cleared or canceled it must provide a supplemental report to the Alpharetta Department of Public Safety. The record will only be modified, cleared or canceled when the 3 3/29/2007 supplemental report has been received. Copies of all terminal printouts shall be given to the Milton Department of Public Safety when the requested function has been completed. The originals shall be retained in the files maintained by the Alpharetta Department of Public Safety. Requesting “HIT Confirmation When the Alpharetta Department of Public Safety receives a “HIT” on a record inquired upon as the result of a request from the Milton Department of Public Safety, a request for “HIT” confirmation message (YQ format) shall be sent. The Milton Department of Public Safety must inform the Alpharetta Department of Public Safety if the request is PRIORITY (10 minute response] or ROUTINE (one hour response). As soon as this information is received, the request for “HIT” confirmation shall be transmitted using the ORI of the Alpharetta Department of Public Safety. As soon as the response to the request for “HIT” confirmation is received, it shall be transmitted to the officer. Responding to Requests for “HIT” Confirmation When the Alpharetta Department of Public Safety receives a request for “HIT” confirmation, the on-duty operator shall locate the active file and compare all data elements against the data in the YQ message. If all data elements match, the Alpharetta Department of Public Safety shall respond to the YQ message using a YR message entered using the ORI of the Alpharetta Department of Public Safety and confirm that the record inquired on is a valid record entry based upon the records maintained by the Alpharetta Department of Public Safety. The Milton Department of Public Safety shall be notified that the Alpharetta Department of Public Safety has confirmed a “HIT” on one of its record entries. If a Locate Message is received, the Alpharetta Department of Public Safety shall clear the record entry using its ORI in the clear transaction. If no Locate Message is received within one hour the Alpharetta Department of Public Safety shall send a Failure to Locate Message to GCIC’s ICDC and the agency that failed to “Locate” the record entry after it was confirmed. The Alpharetta Department of Public Safety using its ORI, shall “Clear” the record entry. Copies of all terminal printouts shall be given to the Milton Department of Public Safety. The original terminal printouts shall be retained in the files of the Alpharetta Department of Public Safety. Validation of Record Entries All record entries are to be validated 90 days after entry; and, then every 12 months in accordance with the file retention schedule established by NCIC. It is the exclusive responsibility of the Milton Department of Public Safety to validate all record entries made on its behalf by the Alpharetta Department of Public Safety, in accordance with the validation steps established by GCIC and NCIC. The Alpharetta Department of Public Safety shall assist the Milton Department of 4 3/29/2007 Public Safety inquiring against the state and national criminal history files, using the ORI of the Milton Department of Public Safety and name of the Milton Department of Public Safety Terminal Agency Coordinator in the Attention [ATN] field. The System Record Number (SRN) from the record entry being validated shall be used in the Agency Reference Number (ARN) field. The Alpharetta Department of Public Safety shall further assist in the validation process by participating in the On-Line Validation program for records entered for the Milton Department of Public Safety, by acknowledging receipt of the monthly validation package and affirming the validity of the record entries listed on the monthly validation printout when the Milton Department of Public Safety affirms, in writing, the validity of all record entries listed on the monthly printout. This affirmation shall be on the official letterhead of the Milton Department of Public Safety, and signed by the agency head. If this written affirmation is not received by the Alpharetta Department of Public Safety within the required time limit, the record entries listed on the validation printout shall be purged. Compensation and Consideration For requesting criminal history record information (CHRI) and other information available via Georgia’s Criminal Justice Information System network (CJIS), the National Law Enforcement Telecommunications System (NLETS), or the National Crime Information System (NCIC) pursuant to this agreement, the City of Milton shall pay to the City of Alpharetta $1,521 per month, which equates to $18,252 annually, the sum shall be remitted to the City of Alpharetta on or before the 25th calendar day of each month of the term. This figure is based on the initial estimated use of two (2) operator hours per day. The City of Alpharetta will be available pursuant to this Agreement to provide service to the City of Milton twenty four hours a day, seven days a week, three hundred and sixty five days per year. Additionally, the City of Milton shall provide to the City of Alpharetta the equipment needed to access the CHRI system on its behalf and storage cabinets for all City of Milton records. This amount will be paid in full each month and represents the direct and indirect costs of all services provided by the Alpharetta Department of Public Safety for services described in this agreement. This agreement is effective upon signing by the agency chief executives. Signatures of other employees are not valid. This agreement can be terminated with 90 days notice by either the Alpharetta Department of Public Safety or the Milton Department of Public Safety. In the event of cancellation, GCIC will be notified and all record entries shall be canceled. This agreement also includes the Rules of the GCIC Council, O.C.G.A. §16-9-90, the Georgia Computer Crime Protection Act, as amended, and the GCIC Policy and Operations Manuals. IN WITNESS WHEREOF, the parties have executed this agreement as of the date set forth below: SIGNATURES APPEAR ON THE FOLLOWING PAGE 5 3/29/2007 Record Holding Agency Head Law Enforcement Agency Head Signature/Title Signature Print Name Print Name Date Date CITYOF ALPHARETTA, GEORGIA ATTEST: _______________________________ _________________________________ Arthur Letchas Sue Rainwater Mayor Clerk SEAL City of Alpharetta City of Alpharetta Approved as to Form: _____________________________ _________________________________ Sam Thomas, Esquire Robert Regus City Attorney City Administrator CITY OF MILTON, GEORGIA _____________________________ ______________________________ Joe Lockwood Jeanette Marchiafava Mayor Municipal Clerk SEAL Approved as to Form: _____________________________ ______________________________ Mark E. Scott, Esquire Aaron J. Bovos City Attorney City Manager fN ' City of Milton N 13400 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of a grant application to the Fireman's Fund Heritage Grant Program for funding of a supplemental set of turn -out gear for the City's fire personnel MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: APPROVED {) NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES (YNO APPROVAL BY CITY ATTORNEY ()APPROVED { } NOT APPROVED PLACED ON AGENDA FOR: A i�r� ,, (2-1 REMARKS: 6'� City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on March 26, 2007 for April 12, 2007 City Council Meeting Agenda Item: Approval of a grant application to the Fireman’s Fund Heritage Grant Program for funding of a supplemental set of turn-out gear for the City’s fire personnel CMO (City Manager’s Office) Recommendation: Adopt the attached resolution approving the submission to the Fireman’s Fund Heritage Grant Program authorizing the request for funding of a supplemental set of turn-out gear for the City’s fire personnel and authorizing the Mayor to execute all required grant documents should the grant be awarded. Background: The Fireman’s Fund Heritage program is a Fireman’s Fund Insurance Company’s commitment to support firefighters for safer communities. Fireman’s Fund employees and agents award grants and provide volunteer support for local fire departments, national firefighter organizations and burn prevention/treatment organizations. They focus on providing funds for equipment, fire prevention tools, firefighter training, fire safety education and community emergency response programs. Discussion: A second set of turn-out gear is a recognized need in the fire service. The potential exists daily for fire personnel to be exposed to harmful fluids (blood, body excretions, hydraulic fluids, gasoline). Once turn-out gear is exposed to these fluids, it has to be properly cleaned before it can be worn again. Without a supplemental set of turn-out gear in stock, there is the potential loss of properly equipped staff to respond to emergency calls during the time it takes to clean the primary set of turn-out gear. Additionally, the National Fire Protection Association (NFPA) standard requires that turn out gear be cleaned after each substantial use in a toxic environment. There also exists the risk that turn-out gear could get torn or damaged while working an active fire scene, automobile accident, or technical rescue. Depending on the damage, it could take up to two weeks to send the gear out for repair and returned. A supplemental set of turn-out gear also eliminates the possibility of cross contamination into other homes after fire incidents. In the case of a firefighter entering a home or business on a call for service after having responded earlier in the shift to structure fire, they could potentially be caring the carcinogens on their gear when they enter the home/business. For these reasons, public safety personnel recommend the purchase of a second set of turn-out gear for all fire shift employees. City of Milton 13000 Deerfield Parkway, Milton, Georgia 30004 2 Funding and Fiscal Impact: Where at all possible and allowed by the grant, staff will seek to fund equipment and programs either in the budget or anticipated to be budgeted in future years. This approach is intended to reallocate expenditures which can be funded by grants to other areas of need. The current turn-out gear is a Morning Pride product and the recommendation for the supplemental gear is to purchase the same product so personnel can take advantage of interchangeability. The funding request includes 42 sets of gear to include turn-out coat, turn- out pants, gloves, ventilated hood, leather boots, helmet with goggles and a shield. The total cost of the request is $88,964. The grant is 100% funded with no match required by the City. Alternatives: The supplemental set of turn-out gear is currently programmed in year one of the capital improvement plan. The alternative to funding the supplemental set of turn-out gear through the Fireman’s Fund Heritage grant to fund the turn-out gear in the fiscal year 2008 capital budget. Concurrent Review: Aaron Bovos, CGFM, CTP, City Manager Chris Lagerbloom, Public Safety Director STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ____ A RESOLUTION TO AUTHORIZE THE MAYOR AND CITY COUNCIL TO APPROVE THE SUBMISSION OF A GRANT APPLICATION TO THE FIREMAN’S FUND HERITAGE GRANT PROGRAM WHEREAS, the Fireman’s Fund makes available funding under the Heritage Program as a private foundation; and WHEREAS, such funds demonstrate the Fireman’s Fund commitment to support firefighters for safer communities by providing funds for equipment, fire prevention tools, firefighter training, fire safety education and community response programs; and WHEREAS, the City of Milton has applied for funding through this program; and WHEREAS, the funding, if awarded, shall be utilized to purchase a supplemental set of turn-out gear; and WHEREAS, evidence authorizing the acceptance of said application must be provided. NOW, THEREFORE BE IT SO RESOLVED, this 12th day of April, 2007, by the Mayor and Council of the City of Milton that the submission of the Fireman’s Fund Heritage Grant application is hereby approved; and if awarded the Mayor is hereby authorized to execute the award package with directives under the Fireman’s Fund Heritage Grant. RESOLVED this ___ day of April, 2007. Approved: ____________________________ Mayor Attest: ___________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 TO: City Council CITY COUNCIL AGENDA ITEM DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of a Change ❑rder to the CH2M Hill Contract to Add Information Technology and Human Resources Support for the City of Milton Public Safety Department MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER: O APPROVED { j NOT APPROVED CITY ATTORNEY APPROVAL REQUIRED: () YES k NO APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED PLACED ON AGENDA FOR: REMARKS. P► V L i2-, 200-7 City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on March 20 for April 12, 2007 City Council Meeting Agenda Item: Approval of a Change Order to the CH2M Hill Contract to Add Information Technology and Human Resources Support for the City of Milton Public Safety Department CMO (City Manager’s Office) Recommendation: Approve a change order to the contract between the City of Milton and CH2M Hill, adding information technology and human resources support services for the City’s public safety department and authorizing the execution of all required documents to effectuate the change order. Background: The City of Milton entered in to a contract for service with CH2M Hill on December 21, 2006. The original contract was accompanied by a specific scope of services for City operations for the City Clerk, Municipal Court, City Manager and Operations Department, Community Development and Community Services. Included in the scope of services for the above mentioned departments is full-service information technology (IT) support, including hardware and software support, GIS services, and help desk case management and resolution and full- service human resources support, including recruitment, benefits management and training. Both IT and human resources reside in the Operations Department. The IT support function for Milton is managed onsite by three employees and off-site GIS support is managed by 1.5 employees. The overall IT function is managed by John Abrera. The human resources function is facilitated on-site by one human resources manager. Discussion: As Milton’s public safety department nears deployment, the need for IT support is critical. Mr. Abrera has facilitated the planning for IT hardware and software needs as well as worked with staff on the project plan for implementation of public safety IT infrastructure. The proposed IT change order includes the following: • Lease costs for office equipment, to include desktop/laptop computers for administrative staff and station office areas • Copy/print/fax machines in all stations • Email and desktop/laptop support • Blackberry and cell phone support • GPS devices for police and fire vehicles City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 2 • Imaging software licenses • Technician labor costs for deployment implementation and long-term support services The City remains responsible for the purchase of laptops to be placed in public safety vehicles, the wireless service for these laptops, the purchase of all cell phone units and all GCIC access service. These are all budgeted items in the Public Safety Department. In addition to IT support, human resources support of public safety employees will be a significant post-deployment need. To date, CH2M Hill has provided recruitment and selection assistance to the Operations Department through Ms. Shaneka Tolbert, the Interim Human Resources Manager. Post-deployment human resources support will include recruitment/selection, benefits management, performance management, and training and workplace safety programs provided by a full-time Human Resources Manager. Fiscal Impact: The fiscal impact of adding IT support services includes a one-time cost of $15,793.20 for the purchase of three copy/print/fax units, 22 GPS units, and 25 imaging software user licenses. The annual recurring costs for the support function are $100,514.80. Support services cost to date owed to CH2M Hill are $1,500.00. The annual fiscal impact of adding human resources support services is $45,000. Total Fiscal Impact Summary Annual Cost Pro-rated FY07 Cost One-time Cost IT Support $100,514.80 $58,633.53 $15,794.70 Human Resources Support $ 45,000.00 $26,250.00 $ 0.00 Total $145,514.80 $84,883.53 $15,794.70 As outlined above, the pro-rated amount and one-time costs for the remainder of fiscal year 2007 is $100,678.23. During the annual budget process, $389,000 was budgeted for risk management expenditures. Since the approval of the budget, the actual amount determined to meet the needs of the risk management function is $189,000, leaving a savings of $200,000. The proposed method of funding the change order is to utilize a portion of the balance of funds appropriated in the risk management account. If approved the budget amendment facilitating the movement of appropriations from risk management to public safety will be included in the mid-year budget adjustment presented to the City Council in late May. Concurrent Review: Aaron Bovos, City Manager Chris Lagerbloom, Public Safety Director STATE OF GEORGIA COUNTY OF FULTON RESOLUTION NO. ___ A RESOLUTION APPROVING CHANGE ORDER #1 TO THE AGREEMENT BETWEEN THE CITY OF MILTON AND CH2M HILL, A FLORIDA CORPORATION, FOR PROFESSIONAL SERVICES RELATED TO PUBLIC SAFETY ; AUTHORIZING THE MAYOR, CITY MANAGER AND CITY CLERK TO EXECUTE AND COMPLETE THE NECESSARY DOCUMENTS TO EFFECTUATE THE CHANGE ORDER; WHEREAS, on December 21, 2006 the City of Milton adopted an agreement with CH2M Hill to provide professional services related to city administration, finance and community services; and WHEREAS, the City of Milton public safety department will deploy services on or about May 1, 2007 with the need for professional services as they relate to information technology and human resources; and WHEREAS, the Mayor and City Council have reviewed the proposed change order with CH2M Hill and have agreed upon the services to be delivered, the related costs, and the expected service levels. NOW, THEREFORE, BE IT RESOLVED BY THIS COUNCIL OF THE CITY OF MILTON, GEORGIA, AND IT IS RESOLVED BY THE AUTHORITY OF SAID CITY COUNCIL. By passage of this resolution, the City of Milton Mayor and City Council authorize the Mayor, City Manager, and City Clerk to execute and complete any document necessary to effectuate change order #1 for professional services to be received from CH2M Hill; that the aforementioned agreement is attached hereto and specifically made a part hereof; that the compensation for services as provided in the attached agreement is hereby authorized to be paid from the fiscal year 2007 budget; and that this resolution is effective immediately upon its adoption. RESOLVED this 12th day of April, 2007. Approved: ____________________________ Joe Lockwood, Mayor Attest: _________________________________ Jeanette R. Marchiafava, City Clerk (Seal) City of Milton 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004 CITY COUNCIL AGENDA ITEM TO: City Council DATE: March 27, 2007 FROM: City Manager AGENDA ITEM: Approval of Monthly Invoice for Legal Fees MEETING DATE: Thursday, April 12, 2007 Regular Meeting BACKGROUND INFORMATION: (Attach additional pages if necessary) See attached memorandum APPROVAL BY CITY MANAGER. () APPROVED () NOT APPROVED CITY A TTORNE Y APPROVAL REQUIRED: () YES () NO APPROVAL BY CITY ATTORNEY () APPROVED PLACED ON AGENDA FOR: REMARKS: () NOT APPROVED City of Milton 115 Perimeter Center Place NE Suite 785 Atlanta, Georgia 30346 X:\City Clerk\Master Agendas 2007\April 12\Memo Legal Services approval.doc 1 To: Honorable Mayor and City Council Members From: Carol R. Wolfe, CGFM, SPHR, Director of Operations Date: Submitted on March 26 for April 12, 2007 City Council Meeting Agenda Item: Approval of Monthly Invoice for Legal Fees CMO (City Manager’s Office) Recommendation: Approve the payment of legal fees per the attached two invoices, totaling $16,801.45. Background: The City has received two invoices from Riley, Lewis and McClendon for legal services rendered to the City by Mark Scott, the City Attorney and all other support services rendered by the law firm. The invoice in the amount of $11,975.00 was submitted to the March 15 Council Agenda but removed for lack of detail. The invoice in the amount of $4,826.45 was received the week of March 19, 2006 and also lacks the requested detail. Riley, Lewis and McClendon have been contacted to provide the supplemental detail but have not responded to date. Discussion: Staff requests review and approval of the legal services rendered prior to payment being issued. The invoice for legal services will be a regular agenda item on the third Thursday Council meeting in order to process the requisite payment, subsequent to Council approval. Alternatives: None identified. Concurrent Review: Aaron Bovos, CGFM, CTP, City Manager RILEY LEWIS & MMENDQN ATTORNEYS AT LAW 315 WASiilNG-roNAVENUE TELEPHONE: 770-594-5900 MARIETTA, GEORGIA 30060 FACSIMILE: 770-590-0400 Page: 1 City of Milton March 16, 2007 13000 Deerfield Parkway Account No: 3008-01M Building 100 Invoice No: 54213 Alpharetta GA 30004 Attn: Kyle .Jones General City Work LEGAL FEES Hours 02/01/2007 [MES] Retreat Attend City Council retreat; 7.20 02/02/2007 [MES] Retreat Attend city council retreat; 6.80 02105/2007 [MES] Noise Ordinance Attend meeting with Mayor, council and school principal at Milton H.S. Re: noise ordinance issues; 2.80 [MES] Facilities Prepare rental agreement for city facilities; 1.10 [MES] Franchise Fee Agreement Review and sign franchise fee agreement with additional solid waste Maulers; 0.80 02/06/2007 [MES] Ordinances Research noise ordinance law and alternatives; telephone call with R. Wallace Re: factual background and current situation; legal research of recent cases on billboards and constitutional challenges to ordinances; 3.80 02/07/2007 [MES] Ordinances Meeting with C. Lagerbloom and C. Milliten Re: noise ordinance; 1.60 02/08/2007 [MES} Resolutions Review resolution authorizing 401 K participation; 0.80 [MES] Property Issues Review email exchange Re: issues regarding Hopewell Association possession of property used to formalize relationship, conversation with G. Wilson Re: same; 0.40 [MES] Council Meetings Attend work session; 3.80 City of Milton General City Work 03/05/2007 [MES1 Ordinances Review/revise billboard and adult entertainment zoning ordinances meeting with community development Re: same; For Current Services Rendered Photocopy charges Postage TOTAL EXPENSES Thru 02/28/2007 TOTAL CURRENT FEES AND COSTS Previous Balance Payment - Thank you. Check Number 1055 BALANCE DUE....., Aged Due Amounts Stmt Date Stmt #k Billed 0212212.007 53981 11,975.00 Please Remit Page: 2 March 16, 2007 Account No: 3008 -OM Invoice No: 54213 Hours 2.20 31.30 4,695.00 124.60 6.85 131.45 4,826.45 $26,340.50 -14,365.50 $16,801.45 Due 11,975.00 11,975.00 $16,801.45 City of Milton 13000 Deerfield Parkway, Suite 107B Milton, Georgia 30004 To: Honorable Mayor and City Council Members From: Aaron J. Bovos, City Manager Date: March 20, 2007 for placement on the April 12, 2007 City Council Agenda as Staff Report And April 19, 2007 (first reading); May 3, 2007 (second reading) City Council Agendas Agenda Item: An Ordinance Establishing Mayor and City Council Committees of the City of Milton CMO (City Manager’s Office) Recommendation: Approve the attached ordinance establishing Mayor and City Council Committees of the City of Milton. Background: When established, the City’s charter allowed for the creation of quasi-judicial, quasi-legislative, and investigative boards, commissions, and authorities to be created to further serve the purpose of the municipal government. To date, several boards and commissions have already been created, i.e. board of zoning appeals, planning commission, ethics board, etc. The attached ordinance furthers that process by creating twelve (12) committees as sub-committees of the elected body. Discussion: Each of the twelve committees shall be made up of two elected officials, the Mayor, and the City Manager as an ex-officio member. The Mayor appoints all members to each committee, and committee assignments can be changed at the pleasure of the Mayor. The scope and purpose of each committee is to provide special attention to core areas the government wishes to focus on. Although the committee does not have the power to bind the City to any action without first obtaining the consent of the entire elected body, committee members will be responsible for representing the City in various external events associated with the goals of the committees. The twelve committees are: 1. Recreation and Parks; 2. Transportation; 3. Intergovernmental Affairs; 4. Education; 5. Public Relations/Special Events; 6. Business Community Relations; 7. Public Facilities Planning; 8. Utilities; 9. Special Community Situations; 10. Historic Preservation; 11. Special and Senior Needs; and 12. Youth. Alternatives: N/A Concurrent Review: N/A - 1 - CITY OF MILTON COUNTY OF FULTON STATE OF GEORGIA ORDINANCE NO. _______________ AN ORDINANCE ESTABLISHING MAYOR AND CITY COUNCIL COMMITTEES; PROVIDING FOR THE SCOPE AND NATURE OF OPERATION OF SUCH COMMITTEES; PROVIDING FOR THE NOMINATION OF ELECTED OFFICIALS TO EACH COMMITTEE; AND FOR OTHER PURPOSES WHEREAS, the City of Milton’s charter provides the ability for boards, commissions, and authorities to be created to fulfill any investigative, quasi-judicial, or quasi-legislative function the city council deems necessary and shall by ordinance establish the composition, period of existence, duties, and powers thereof; and WHEREAS, the Mayor deems it in the best interest of the organization to establish City Council committees to operate as sub-committees of the elected body for specific purposes; and WHEREAS, it is in the intent of this ordinance to establish and define such committees of the City. NOW, THEREFORE, COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS: Section 1. Committees. This ordinance shall establish twelve (12) committees as follows: 1.) Recreation and Parks; 2.) Transportation; 3.) Intergovernmental Affairs; 4.) Education; 5.) Public Relations/Special Events; 6.) Business Community Relations/Economic Development; 7.) Public Facilities Planning; 8.) Utilities; 9.) Special Community Situations; 10.) Historic Preservation; 11.) Special and Senior Needs; and 12.) Youth. Section 2. Powers. Each committee is established to operate in a quasi-legislative capacity, representing the City of Milton while conducting the business of the committee. The Committee shall not have the ability to bind the city in any endeavor without first obtaining the majority vote of the Mayor and City Council during a city council meeting. Section 3. Scope and Purpose. The scope and purpose of each committee shall be defined as follows: 1. Recreation and Parks: to study, define, develop, implement, and advertise the parks and recreation system of the City of Milton. This committee shall be responsible for soliciting and managing public input about Milton’s parks and recreation systems. The committee should make recommendations to the Mayor and City Council on development standards, types of park developments to occur within the City, and how to fund such park development. - 2 - Members shall review the style and number of recreation programs offered within the City and make recommendations for changing such recreational opportunities to the Mayor and City Council. 2. Transportation: to study, define, develop, implement, and promote the transportation system within the City of Milton. This committee shall be responsible for soliciting and managing public input about Milton’s transportation systems. The committee should make recommendations to the Mayor and City Council on transportation projects to occur within the City, and how to fund such improvements. Members shall represent the city at various external meetings regarding transportation and regional planning efforts. 3. Intergovernmental Affairs: to manage, represent, and voice the City’s opinion to other governmental entities and agencies on matters of legislation/law, development, multi- jurisdictional services, and government related issues. The committee should make recommendations to the Mayor and City Council on the affects of actions by other governmental entities, or quasi-governmental agencies. Members shall represent the city at vaiours external meetings regarding intergovernmental issues. 4. Education: to represent and voice the City’s opinion to other governmental, private, not-for- profit, and similar education establishments, institutions, and places of learning on matters of the City and government related issues. The committee should make recommendations on positions to the Mayor and City Council on the affects of actions by such educational institutions. Members shall represent the City at various external meetings regarding education and education related matters. 5. Public Relations/Special Events: to promote, communicate and manage key messages developed by the City to external groups, organizations, clubs, or associations. The committee shall promote both government sponsored and privately sponsored events within the city. Members shall represent the City at various external meetings. 6. Business Community Relations/Economic Development: to study, develop, promote, and foster the success of the business community within Milton. The committee shall serve as the link between the government and the business community and shall promote government sponsored information to the business community. Members shall represent the City at various business functions and events. 7. Public Facilities Planning: to study, define, develop, implement, and promote the public facilities system within the City of Milton. This committee shall be responsible for soliciting and managing public input about Milton’s public facilities not related to recreation and parks. The committee should make recommendations to the Mayor and City Council on public facilities to occur within the City, and how to fund such improvements. Members shall represent the city at various external meetings regarding public facilities. 8. Utilities: to study, define, develop, implement, plan, and monitor the utilities being delivered to Milton constitutents by external entities, both private and public. This committee shall be responsible for managing public input about Milton’s utilities and making recommendations to the Mayor and City Council regarding such utilities being delivered within the City limits. Members shall represent the city at various external meetings and planning events. 9. Special Community Situations: from time to time situations, events, or responses to actions by others may warrant special attention. This committee shall be responsible for responding to such events as they are warranted and identified. Members shall represent the city at various external meetings and planning events. - 3 - 10. Historic Preservation: to study, define, develop, implement, plan, advise and monitor the preservation of historic structures within the City of Milton based upon industry best practices. This committee shall be responsible for the formulation of policy to be recommended to the elected body of the government for such historic preservation. Members shall represent the city at various external meetings and events. 11. Special and Senior Needs: to study, develop, promote, and foster the success of the special needs and senior communities within the city. This committee shall serve as the link between the government and the special needs/senior needs communities to promote government programs and resources to such committees and to make recommendations on policy guidelines regarding the provision of services to such committees. Members shall represent the city at various external meetings and events. 12. Youth: to study, develop, promote, and foster the success of the youth (18 years old and younger) within the city. This committee shall serve as the link between the government and the youth community to promote government programs and resources to constitutents and to make recommendations on policy guidelines regarding the provision of services to such constitutients. Members shall represent the city at various external meetings and events. Section 4. Composition. The Mayor shall serve on each committee created by this ordinance and shall nominate two additional elected officials to serve on each committee. The city manager shall also serve on each committee and be an ex-officio member. Upon conveniening the first meeting of the committee, and each subsequent first meeting when a new committee member is assigned, the elected officials shall agree on a chair of the committee. Should a vacancy in the committee exist, the Mayor shall appoint a replacement. Section 6. Term. Elected officials shall serve on their respective assigned committees during the period in which they are elected or until the Mayor makes a change in the assignments. Changes to assignments can happen at the pleasure of the Mayor. Section 6. Compensation and Reimbursement. Elected officials serving on the committees shall not receive any compensation for their work associated with the committee. Expenses incurred while performing work in the actual course of the City of Milton business shall be elibigle for reimbursement under the Financial Management Program Policies. THIS ORDINANCE PASSED AND APPROVED on the _____________ day of ____________________________, 2007. Approved: __________________________________________ Joe Lockwood, Mayor Attest: _____________________________________ Jeanette R. Marchiafava, City Clerk (Seal) - 4 - Approved as to Form and Content: _____________________________________ City Attorney 0 � City of Milton Fulton County, Georgia Big Creek Sewer Area Manholes to Milton Agricultural, Forestry, & Mining (14,158 ac) Sewer Lines to Milton M Retail & Service (802.82 ac) Stream Office (340.05 ac) 7 Lakes Living -Working (274.01 ac) 1025 Landlot Industrial (0.0038 ac) Sewerable Area Community Facilities (335.46 ac) Sewerable Area Per Ordinance Private Recreation (997.29 ac) Sewerable Area Per Policy Parks, Recreation & Conservation (292.15 ac) Seward Areas 1 Unit/Acre or Less - Residential (5456.15 ac) Parcel 1 to 2 Units/Acre - Residential (769.81 ac) p 2 to 3 Units/Acre - Residential (113.94 ac) 3 to 5 Units/Acre - Residential (83.32 ac) 5 to 8 Units/Acre - Residential (250.89 ac) 8 to 12 Units/Acre - Residential (174.74 ac) Neighborhood Living -Working (452.10 ac) ® Community Living -Working (34.84 ac) ® Regional Living -Working (0.09 ac) Unofficial City Limits ■ 1 inch equals 1,394 feet 0 0.25 0.5 Miles lilton >'I lanta Prepared by the Department of Geographic Information Spak 0dober 23, 2006 User: CHo Updated: Mar h 27, 200710:00 a.m. Source Data: Parks Layec Fukon County, A GIS Layers City Layer: Fulton County, GA GIS Layers Boundary Layer: Atlanta Regional Commission This map has been compiled from the most accurate spume data /mm Fulton County and the City of Mdton. However, this map is /or informational purposes only and isnot b be interpreted as document.. legal document. The City assnme s no legal responsibility f., the information shown on this map. For inquides please -M-t the CRy ofM#t-. Copyright®2006 City o/Millon, GA 30338. All rights resenred. Maps may be reproduced or trensmftted for personal and W— 6-1 purposes, but not for commerdal use. No part of this work may be reproduced or trensmifled /or commerdal purposes, m any brm orby any m ns, electronic ormecha mtd including photocopying p remrding, or by any m/ormation storage or Mftm. system, exceptas expresslypermifled b IS N by the t t ofMiko12 Requests should be made i the City's GIS Department of (678) 5123224 or phil.ulbdch@cdyohnilionga.us � civewa 1062 1061 1060 059 Unname �1-999T- 110 1101 r it r FFFTFM 5 ti 133 1( "©1984=2006 Tele Atlas lel • lel �♦ ti,el� liel Saiu lel /e.- IeYS �e Y' li p• r z} � is , S.� Io • Iv'N le • _a 4 1 � + le ix • ie l/� : le • /�:1 �ii eiti e: - !?oa' • • • J le•e le" •, ra•� le• ♦ §i• le8 Cea4 Ie C! le:: ley.' 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City of Milton 13000 Deerfield Parkway Suite 107C Milton, GA 30004 To: Mayor and City Council From: Tom Wilson, Community Development Director Subject: Staff Report - Proposed Process for Milton Comprehensive Plan Date: March 27, 2007 The attached document outlines a preliminary process for the development of Milton’s Comprehensive Plan. This process is driven in part by the Department of Community Affairs’ requirements and in part my own experiences in similar plan development. The proposed process is driven by a 16-member Citizen Advisory Committee who will seek citizen input and translate the input into the written plan with the expertise of a qualified consultant (to be determined). Staff will provide technical assistance to the committee and to the consultant. A more detailed scope of services will be developed in conjunction with the selection of a lead consultant. Please note that there is an agenda item on the April 12, 2007, council agenda for your consideration establishing the 16-member Citizens Advisory Committee. After reviewing the attached document please let me know if you have any questions. This will be a discussion item under Staff Reports at the April 12, 2007 council meting. Comprehensive Plan Draft Process and Scope March 27, 2007 - Staff Report 1 CITY OF MILTON COMPREHENSIVE PLAN UPDATE PROPOSED PROCESS & PRELIMINARY SCOPE OF SERVICES March 27, 2007 Prepared by the City of Milton Community Development Department Comprehensive Plan Draft Process and Scope March 27, 2007 - Staff Report 2 Background In April 2007, the City of Milton will initiate the Comprehensive Plan Update process based on Georgia Department of Community Affairs (DCA) guidelines. The comprehensive plan update process requires every local government in Georgia to update their respective comprehensive plan every 10 years, though most jurisdictions typically update their plans every 5 years. By updating a local government comprehensive plan, we will maintain our local governments’ designation as a “Qualified Local Government.” The QLG status certification provides governments with a means to seek state and federal grants for community-based improvements. The City of Milton currently operates under the Focus Fulton County 2025 Comprehensive Plan Update that was adopted by the Fulton County Commission in November 2005 and by the City of Milton on November 21, 2006. The City of Milton’s QLG certification will be in place until 2011 under the previous Fulton County Plan Update process. The new DCA standards break down the comprehensive planning update process into three primary components; Community Assessment, Community Participation, and the Community Agenda. DCA “Quality Community Objectives” are a component of the State planning goals. Quality Community Objectives include concepts with respect to a regional identity objective, growth preparedness objective, appropriate businesses objective, educational opportunities objective, heritage preservation objective, open space preservation objective, sense of place objective, etc. The Milton Comprehensive Plan Update timeline is scheduled to last approximately 18 months in order to receive a final approval/adoption by the state. The citizenry will be involved in the entire process. The Milton Mayor & City Council will appoint a Citizen’s Advisory Committee of approximately 16 individuals in April, in order to help shape the process and provide recommendations in developing the plan specific to the desires of the Milton citizenry. Community Assessment Component Under the new minimum standards program for the Georgia Department of Community Affairs, the Community Assessment phase is essentially a staff-driven or professional function where process details the existing conditions of the community with respect to socio-economic data, environmental integrity, existing land use inventory, total “build- out” scenarios, infrastructure investments, and special district areas. The Community Assessment will analyze existing development patterns in the City of Milton, which includes the existing land use map, areas requiring special attention, and Comprehensive Plan Draft Process and Scope March 27, 2007 - Staff Report 3 recommended character areas. A 20-year longitudinal horizon should be a primary focal point in crafting the Community Assessment component of the plan. A Technical Appendix in a geographic information systems methodology will include demographic data, transportation network, cultural/heritage resources, environmental resources, housing, community facilities, economic development, and intergovernmental coordination. Community Participation Program Component The Community Participation Program is designed to ensure that the local comprehensive plan reflects the full range of community values and desires, by involving a diverse spectrum of stakeholders in the development of the Community Agenda component of the plan process. The City of Milton is contemplating a 16 member Citizen’s Advisory Committee to help craft the Comprehensive Plan Update. The membership will be comprised of seven (7) appointed members from Mayor & City Council, the seven (7) member Planning Commission, the Chairman of the Design Review Board, and the Chairman of the Board of Zoning Appeals. The Citizen’s Advisory Committee will be involved in all phases of the plan’s creation, from inception to completion. The public participation tools is a component of the Comprehensive Plan Update should consider, but is not limited to a web site creation for the overall Update process, development typology preference surveys, direct mail campaign, sub-committee reviews, public information open houses, community-based charrettes, etc. Any proposed public participation techniques will be reviewed by the Citizen’s Advisory Committee for comments and recommendations. A detailed plan for any proposed public meetings should be forecasted prior to the plan development process, where city staff and the Citizen’s Advisory Committee will agree to the plan of action. These meetings will include required Public Hearing announcements, design workshops/charrettes, public information meetings, Citizen’s Advisory Committee sessions, open houses, etc. Community Agenda Component The purpose of the Community Agenda is to lay out a road map for the community’s future. It will be developed through a very public process of involving community leaders and stakeholders in making key decisions about the future of the community. The Community Agenda is the most important portion of the overall plan document, it includes the community’s vision for the future, key issues and opportunities the city wishes to address during the planning period, and an implementation program for achieving this vision while addressing the identified issues and opportunities. The Community Agenda is intended to generate local pride and enthusiasm about the future of the City of Milton. Comprehensive Plan Draft Process and Scope March 27, 2007 - Staff Report 4 The Community Vision paints an image of the community’s desires by describing development patterns to be encouraged within the City of Milton. The Community Vision should contemplate a general vision statement promoting overall goals and a desired future the community seeks to achieve. A Future Development Map is a required component to the Community Vision process. The map will delineate boundaries of major character areas throughout the City of Milton. The recommended character areas identified in the Community Assessment phase will serve as a starting point to the mapping exercise, although the boundaries may change to a certain degree as this process unfolds with public involvement. An associated defining narrative explanation will accompany the Future Development Map to assist in reinforcing the mapping vision in a text, pictorial, and/or illustrative depiction orientation. Community Issues and Opportunities will be compiled in the documentation phase that was originally generated from the Community Assessment phase, it can be amended, modified, added, or subtracted issues or opportunities based on stakeholder input of the community based on the Community Assessment report. The Implementation Program is an overall strategy for achieving the Community Vision and for addressing each of the Community Issues and Opportunities. The Implementation Program identifies specific measures listed in the State Planning Recommendations to evaluate implementation measures that may be suitable to Milton residents. The Short-Term Work Program identifies specific implementation action the City of Milton intends to undertake during a 5-year time frame of the planning period. The Short-Term Work Program may include ordinance revisions/adoptions, community improvements, financial programming, and other program/policy initiatives to be programmed over the 5-year horizon. The Short-Term Work Program must include a brief description of the activity to be pursued, time frame for the activity, responsible party for implementation of the line item work, estimated cost for implementation (if applicable), and proposed funding sources. The City of Milton may desire to consider Long-Term and Ongoing Activities in an effort to identify long-term or ongoing activities to be undertaken beyond the first five- year time frame of the planning period. This is an optional activity under DCA minimum standards guidelines. Policies are required to be incorporated into the Community Agenda documentation process. The City of Milton will adopt these policies to provide ongoing guidance and direction to local government officials for making decisions consistent with achieving the Community Vision or addressing Community Issues and Opportunities. Supplemental Plans are an optional program offered as part of the Comprehensive Plan Update process that may provide additional opportunities for Milton citizens to contemplate projects or programs for consideration in the near-term. These Supplemental Plans provide diverse options related to special district refinements, conservation/ Comprehensive Plan Draft Process and Scope March 27, 2007 - Staff Report 5 management of natural or cultural resources, redevelopment plans, rural preservation plans, corridor studies, neighborhood plans, etc. Data and Mapping Specifications are to be utilized for the Supporting Analysis of Data and Information required for the Community Assessment component of the plan creation. The mapping layers will include specific aspects of Population, Economic Development, Housing, Natural and Cultural Resources, Community Facilities and Services, Intergovernmental Coordination, Transportation System, Land Use Categories and Classification Systems. Roles and Responsibilities Associated with the Process The direction of the overall development of the Comprehensive Plan Update falls upon the Milton Community Development Director or his designee. The Director will oversee the process by providing direction to the consultant team, scheduling public meetings, briefing elected officials, enlisting staff assistance, and delegating task assignments, as necessary. The Director will require the lead consultant to manage the day-to-day process of developing the overall Comprehensive Plan Update program and delegate necessary task assignments to the responsible parties. Any sub-consultant work will be the responsibility of the lead consultant to manage professional work requirements. The lead consultant will be required to provide periodic updates and briefings to the Director, Citizen’s Advisory Committee, and/or elected officials, when requested. City Staff will be responsible for providing technical assistance to the overall process, which will include the development of geographic information system maps for the consultants to incorporate in the Comprehensive Plan Update. Milton staff employees will be requested to assist in public meetings, in order to enhance the overall program design and to assist in Milton-specific issues. The sixteen (16) member Citizen’s Advisory Committee responsibilities will be to provide input to fellow Committee members, recommend improvements to the plan creation process, requesting task assignments of the consultant team, brief Milton residents, and attend a majority of the scheduled Committee Meetings. The Citizen’s Advisory Committee will choose from among its members a chairperson. The chairperson will have to be elected by a majority of the Citizen’s Advisory Committee membership. The chairperson will serve as an informational conduit between the Director and the lead consultant. The chairperson will introduce the plan update at any scheduled Milton public meetings, and comment on the process status to community groups and/or elected officials. Comprehensive Plan Draft Process and Scope March 27, 2007 - Staff Report 6 Transportation Element Plan Update The City of Milton is entertaining a Transportation Element Plan process that will enlist a consulting firm(s) to serve as either the lead consultant for the overall Comprehensive Plan Update process or as a sub-consultant, where this consultant(s) will be required to coordinate any work-related tasks under the supervision of the lead consultant. The Transportation Element Plan is recommended to take place concurrently with the overall Comprehensive Plan Update process, though both processes are to be developed as stand-alone products for City of Milton governmental purposes. The consultant must have a proven record of accomplishment in developing and implementing successful impact fee programs in a local government arena in Georgia. The lead consultant will manage the overall impact fee program policy and direct work- related tasks specific to the creation of a transportation impact fee program. The Transportation Element will be developed in a similar three-stage process as the Comprehensive Plan Update, where the Community Assessment, Community Public Participation, and Community Assessment components will be addressed from a transportation planning perspective. Transportation impacts are a primary concern for Milton residents. A comprehensive effort to involve the citizenry in the development of the Transportation Element, through use of exemplary public involvement techniques and programs will be a focal point to illicit comments from the involved community members of Milton. The process will require the transportation consulting team to address corridor-specific planning initiatives in an effort to evaluate land use and operation design alternatives for scheduled TIP roadway improvements at State Route 9 and State Route 140. The TIP projects that become the responsibility of the City of Milton with incorporation will be evaluated by the consultants. Budgetary assessments for each of the North Fulton TIP projects in Milton will be a component of the overall transportation planning process. New projects specific to City of Milton residents will also be contemplated as part of this same process. The consultants will be required to review the recommendations promoted by the Milton Bicycle and Pedestrian Path Advisory Committee assessing the priorities conceptualized by the Committee and program these projects accordingly in future regional TIP and/or Milton Short-Term Work Program initiatives. The Transportation Element will research opportunities surrounding alternative modes of transportation for Milton residents which will include, but not be limited to bicycling, walking, car/vanpools, and transit technologies as part of the review process. Comprehensive Plan Draft Process and Scope March 27, 2007 - Staff Report 7 Proposed Timeline The lead consultant will propose a tentative timeline of the overall scope of work being entertained with benchmark dates established for public and staff review opportunities. The City of Milton will require the lead consultant to schedule similar timeline benchmarks for the Transportation Element work schedule. The timeline shall allow for necessary regional review schedules for the Atlanta Regional Commission and the Georgia Department of Community Affairs in coordinating these necessary work-related activities in a pro-active manner. Deliverables • The lead consultant will submit a final draft Comprehensive Plan Update and a Transportation Element document with all related appendices, work programs, and GIS maps in a camera-ready, pdf format where the City of Milton retains ownership of all related documentation for governmental purposes. The City of Milton will be responsible for the printing and replication of the file format documentation for public distribution. • The lead consultant will be responsible for the submission and coordination of all related draft documentation undergoing necessary regional reviews. • The lead consultant will be responsible for resolving any conflicts related to the overall planning process and report back to the Director immediately on proposed actions being considered. • The Transportation Element will address an impact fee program specific to transportation system impacts and develop a conceptual methodology for funding transportation infrastructure investments through a proposed Milton Impact Fee Program. • The City of Milton shall receive and own all the financial modeling software programs/documentation in the “original format.” The consultants will develop a clear policy methodology for transportation impact fee funding that includes a detailed plan methodology addressing professional assumptions and data sources utilized. • The lead consultant will develop a draft Milton Capital Improvement Element program that would promote a future impact fee program for the City of Milton, if pursued. • The lead consultant will undertake Supplemental Studies proposals for special district reviews related to the Crabapple Village Crossroads, Birmingham Village Crossroads, and the State Route 9 corridor to evaluate Regional Development Plan policies with respect to the Livable Centers Initiative funding program as potential study areas for future consideration. City of Milton 13000 Deerfield Parkway Suite 107B Milton, GA 30004 TO: Aaron Bovos FROM: Linda Blow DATE: March 23, 2007 RE: Georgia Cities Week – April 22-28, 2007 • Resolution by the Council recognizing Georgia cities Week and encouraging all citizens to support the celebration and corresponding activities - to be presented at the April 19, 2007 Council Meeting. • April is Keep Georgia Beautiful Month. We will be rolling out the Milton Adopt-A-Road program during April. Patti Silva and Tim Enloe have volunteered to Co-Chair this program, acting as liaisons with citizens of Milton and Keep North Fulton Beautiful. • Letters have been sent to Milton High Schools and Middle Schools inviting classes to tour City hall, or, if requested, a City Staff representative will visit the school and speak to the designated class. • I am working on a project involving input from the Milton Historic Preservation Committee and a Milton Girl Scout looking for a project to earn her Gold Badge. A map of local historic sites and cemeteries will be created with a small blurb regarding each site and made available to the schools and citizens of Milton. • 6th Grade participation in essay contest re: “If I were Mayor, I Would…” GMA is mailing me copies of the essays submitted by Northwestern Middle School. A selected panel of staff will review the essays and name the winner. The winner will be invited to a Council Meeting as “Honorary Mayor” and open the meeting.