HomeMy WebLinkAboutPacket-04-19-2007rev
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 19, 2007 Regular Council Meeting Agenda 7:00 PM
INVOCATION - Pastor Jerry Dockery, Crabapple First Baptist Church
1) CALL TO ORDER
2) ROLL CALL
3) PLEDGE OF ALLEGIANCE (Led by the Mayor)
(Agenda Item No. 07-239)
4) APPROVAL OF MEETING AGENDA (add or remove items from agenda)
5) PUBLIC COMMENT
6) REPORTS AND PRESENTATIONS
7) CONSENT AGENDA
(Agenda Item No. 07-240)
1. Approval of Financial Statements for the period ending March 2007.
(Agenda Item No. 07-218)
2. Approval of the February 8, 2007 Work Session Minutes.
(Postponed from April 12, 2007)
(Agenda Item No. 07-219)
3. Approval of the February 21, 2007 Special Called Work Session Minutes.
(Postponed from April 12, 2007)
Page 1 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City
meeting, should call 678-242-2500.
MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 19, 2007 - 7:00 PM
Page 2 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City of
Milton meetings should call 678-242-2500.
(Agenda Item No. 07-220)
4. Approval of the March 1, 2007 Regular Meeting Minutes.
(Postponed from April 12, 2007)
8) ZONING AGENDA
(Agenda Item No. 07-227)
1. RZ07-002 – Text Amendments to the Zoning Ordinance (Article 33, Sign Ordinance,
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) (First Presentation on April 12, 2007.)
(Presented by Tom Wilson, Community Development Director)
9) FIRST PRESENTATION
(Agenda Item No. 07-241)
1. Approval of an Ordinance Amending Chapter 11, Business Licensing, of the Code of
Ordinances.
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-242)
2. Approval of an Ordinance Establishing Mayor and City Council Committees of the City of
Milton.
(Presented by Joe Lockwood, Mayor)
10) UNFINISHED BUSINESS
(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.
(Second Reading)
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-223)
2. Approval of an Ordinance Amending Chapter 10, Taxation, Article 2 of the Code of
Ordinances of the City of Milton, Georgia. (Second Reading)
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-224)
3. An Ordinance Amending Chapter 6, Ethics and Standards of Conduct, of the City of
Milton Code of Ordinances. (Second Reading)
(Presented by Aaron Bovos, City Manager)
(Agenda Item No. 07-225)
4. An Ordinance Establishing Noise Control within the City of Milton, Georgia.
(Second Reading)
(Presented by Chris Lagerbloom, Public Safety Director)
MILTON CITY COUNCIL REGULAR MEETING AGENDA APRIL 19, 2007 - 7:00 PM
Page 3 of 3
Milton City Hall
City Council Chambers
13000 Deerfield Parkway, Building 100
Milton, GA 30004
Persons needing special accommodations in order to participate in any City of
Milton meetings should call 678-242-2500.
(Agenda Item No. 07-226)
5. An Ordinance creating the Comprehensive Land Use Plan Task Force. (Second Reading)
(Presented by Tom Wilson, Community Development Director)
11) NEW BUSINESS
(Agenda Item No. 07-243)
1. Approval of Monthly Invoice for Legal Fees for February 2007 (Jarrard & Davis).
(Presented by Carol Wolfe, City Treasurer)
(Agenda Item No. 07-235)
2. Approval of a Resolution regarding meetings times.
(Postponed from April 12, 2007)
(Rick Mohrig, Councilmember)
(Agenda Item No. 07-244)
3 Approval of a Resolution of Intent for Participation in the National Flood Insurance
Program.
(Abbie Jones, Transportation Engineer)
12) MAYOR AND COUNCIL REPORTS
1) Disability Summit (Councilmember O’Brien)
2) Citizen Survey (Councilmember D’Aversa-Williams)
13) STAFF REPORTS
1) Update on Public Safety Deployment. (Chris Lagerbloom)
2) Emergency Notifications Plan Review. (Chris Lagerbloom)
3) City of Milton Newsletter (Bill Doughty)
4) Website Development (Bill Doughty)
5) Update on Gravel Roads (Greg Wilson)
(Agenda Item No. 07-245)
14) EXECUTIVE SESSION
The purpose of the Executive Session is to discuss pending litigation.
(Agenda Item No. 07-246)
15) ADJOURNMENT
City of
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 3, 2007
FROM: City Manager
AGENDA ITEM: Approval of Financial Statements for the period ending March 2007.
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additionalpages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: NAPPROVED (} NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: { } YES} NO
CITY ATTORNEY REVIEW REQUIRED: {} YES NO
APPROVAL BY CITY ATTORNEY ()APPROVED (} NOT APPROVED
PLACED ON AGENDA FOR:
REMARKS:
L- 1Q, �xq
FINANCIAL
STATEMENTS
Memo
To: The Honorable Mayor and City Councilmembers
From: Carol Woffe, Director of Operations
CC: Aaron Bovos, City Manager
Bill Doughty, Communications Manager
Carol Haag, Executive Aide
Rick Hirsekom, CH2M Hill
Stacey Inglis, Finance Manager
Jeanette Marchiafava, City/Court Clerk
Chris Lagerbloom, Public Safety Director
Charles Millican, Deputy Public Safety Director
Mike Tulier, Deputy Community Development Director
Greg Wilson, Community Services Director
Tom Wilson, Community Development Director
Date: 4/2/2007
Re: Financial Status Report for Period 6 -- March 2007
OVERVIEW and FINANCIAL HIGHLIGHTS:
The attached financial statements represent figures as of the dose of period 6, March 2047. The
financial status report includes Budget -to -Actual Revenue & Expenditure Reports for each fund, a Cash
Flow Actual & Projected Report and a status on procurement activities, capital projects, and grants.
General Fund
With 40% of the City's ten-month fiscal year lapsed and operations in full swing, general fund
revenues are substantially lower than expenditures, which is to be expected given the
schedule of property tax collection. Revenue sources that are trending higher than anticipated
are local option sales tax, alcohol beverage excise tax and hotel/motel occupancy tax.
Business license revenue is below expectations with March 31 being the due date for
renewals. Staff is reviewing a proposal to outsource the collection outstanding business
license revenue.
Expenditures are tracking within anticipated levels, currently in total at 40.1 % of budget. Public
safety expenditures do exceed the 40% benchmark due to the one-time procurement of
equipment and unifomns needed for deployment and the cost of initial recruitment.
Capital Project Fund
Expenditures within this fund continue to occur on a project -by -project basis. With a total
project expenditure budget of $450,000, capital expenditures -to -date total $341,489. The City
has acquired parkland as anticipated. The purchase of public safety equipment continues and
is funded by a capital lease agreement. During the mid -year budget appropriation, staff will
recommend the addition of revenue in the amount of $3,169,794 to represent the proceeds of
the lease and a corresponding expenditure budget for the purchase of equipment. These
appropriations will not have a fiscal impact as the revenue will equal the expenditure, but will
provide the legal appropriation to accompany the lease agreement.
►�We] *aA:7,I1101zR3
Tree Replacement Fund: Balance: $
Sidewalk Replacement Fund: Balance: $15,000
City of Milton
Statement of Revenues, Expenditures, and Changes in Fund Balances
Governmental Funds
For the Period Ended March 31, 2007
EXPENDITURES
Current:
Unallocated
$
Total
$
Capital
Governmental
-
General Project
Funds
REVENUES
Taxes:
1,473,626
Public safety
Property Tax
$ - $
$ -
Local Option Sales Tax
723,080
723,090
Other Taxes
497,458
497,458
Licenses and permits
307,574
307,574
Intergovernmental
-
-
Charges for services
91.848 315
92,162
FineslForfeitures
- -
-
Investment eamings
28,394
28,394
Contributions and Donations
2,150
2,150
Other
-
-
Total revenues
S 1,650,513 $ 315
L 1,650,828
EXPENDITURES
Current:
Unallocated
$
-
$
$
-
General government
1,473,626
1,473,626
Public safety
2,264,261
321,750
2,586,011
Community Services
596,696
-
596,696
Economic and community development
357,944
-
357,944
Culture and recreation
1,076
19,739
20,815
Capital outlay
-
-
-
Total expenditures
$
4,693.603
$
341,488
$
5,035,092
Excess (deficiency) of revenues
over (under) expenditures
(3,043,090)
(341,174)
(3,384.264)
OTHER FINANCING SOURCES (USES)
Transfers in
$
$
45,000
$
45,000
Transfers out
(45,000)
-
(45,000)
Sale of capital assets
-
Insurance Proceeds
Capital lease proceeds
264,259
264,259
Note interest payment
-
-
Bond principal
-
-
Total other financing sources and (uses)
$
[45,000]
$
309,259
$
264,259
Net change in fund balances
[3,088,090]
(31,915)
(3,120,005)
Fund balances - beginning
Fund balances - ending 5 3,00888.090 $ (31,915) $ (3,120,005)
The accompanying notes to the financial statements are an integral part of this statement.
City of Milton
General Fund
Statement of Revenues, Expenditures, and Changes in Fund Balances - Budget and Actual
As of March 31, 2007
The accompanying notes to the financial statements are an integral part of this statement.
Variance with
Original & Final
Final Budget -
Budgeted
Amounts
Actual Amounts
Positive {Negative)
REVENUES
Taxes:
Property Tax
$
6,868,142
$
-
$
(6,868.142)
Local Option Sales Tax
2,496,629
723,090
(1,773,539)
Business & Ooc Tax
600,000
266,566
(333,434)
Motor Vehde Tax
345,911
63,080
(282,831)
Intangible Tax
201,000
76,629
(124,371)
Real Estate Transfer Tax
59,940
13,812
(46,128)
Alcohol Beverage Excise Tax
15,000
46,320
31,320
HotelfMotel Excise Tax
25,497
10,819
(14,678)
Financial Institution Tax
25,000
20,232
(4,768)
Licenses and Permits
181,727
307,574
125,847
Intergovernmental
-
-
-
Charges for Service:
-
Franchise Fees
823,000
84,238
(738,762)
Other Charges for Service
284,332
7,610
(276,723)
Fines/Forfeitures
416,000
-
(418,000)
Investment Earnings
2,500
28,394
25,894
Contributions and Donations
-
2,150
2,150
Other
-
-
-
Total revenues
$
12,344,678
$
1,650,513
$
(10,594,185)
EXPENDITURES
Current:
General government
Mayor and Council
$
297,368
$
73,765
$
223,603
Clerk of the Council
171,488
54,787
116,701
City Manager
796,816
293,170
503,646
Legal Services
110,000
35,721
74,279
Municipal Court
329,521
100.460
229,061
Operations
2,060,543
865,897
1,194,646
Risk Management
389,000
49,826
339,174
Operating Reserve
246,894
-
246,894
Total General Government
$
4,401,630
$
1,473,626
$
2,928,004
Pubc safety
4,721,935
2,264,261
2,457,674
Community Services
1,448,440
597,772
850,668
Economic and Community Development
1,123,388
357,944
765,444
Total expenditures
$
11,695,393
$
4,693,603
$
7,001,790
Excess of revenues over expenditures
$
649,285
$ (3,043,090)
$
(3,692,375)
OTHER FINANCING SOURCES (USES)
Transfers out
(150,000)
(75,000)
75,000
Capital lease payment
(264785)
262,785
Bond interest
(150,000)
150,000
Bond principal
(86,500)
-
86,500
Total other financing sources and uses
$
(649,285)
$
(75,000)
$
(574,285)
Net change in fund balances
(3,118,090)
3,118,090
Fund balances - beginning
-
-
Fund balances - ending
$
-
$
(3,118, 090)
$
3,118,090
The accompanying notes to the financial statements are an integral part of this statement.
City of Milton
Capital Project Fund
Statement of Revenues, Ependitures, and Changes in Fund Balances - Budget and Actual
As of March 31, 2007
Original & Final
Budgeted Amounts
REVENUES
Charges for Service
Variance with
Final Budget -
Actual Amounts Positive (Negative)
Host Fees
$
250,000
5
315
$
(249,685)
Solid Waste Fees
50.000
-
(50,000)
Sidewalk Replacement Account
-
15.000
15,000
Tree Replacement Account
-
Investment Earnings
Other
-
Total revenues
$
300,000
$
15,315
$
(284,685)
EXPENDITURES
Capital Outlay
Unallocated'
$
71,474
$
-
$
71,474
Public Safety
94,000
321,750
(227,750)
Community Services - Puhllc Works
260,000
-
260.000
Community Services - Recreation & Parks
24,526
19,739
4,787
Total Capital Outlay
$
450,000
$
341,489
$
108,511
Excess of revenues over expenditures
(154,000)
(328,174)
(176,174)
OTHER FINANCING SOURCES (USES)
Transfers in from General Fund
$
150,000
$
75,000
$
(75,000)
Lease Proceeds
-
844,587
844,587
Total other financing sources and uses
$
-
$
919,587
$
844,587
Net change in fund balances
(150,000)
593,413
743,413
Fund balances - beginning
-
-
Fund balances - ending
$
(154,000)
$
593,413
$
743,413
The accompanying notes to the financial statements are an integral part of this statement.
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PROCUREMENT
STATUS
Memo
To: The Honorable Mayor and City Councilmembers
From: Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Date: 4/2i2007
Re: Procurement Status
Attached are two lists, one indicating purchase orders issued for the months of November 2006
through March 2007 and the other intended to provide information regarding all bids and requests for
proposal/quote. If you have any questions regarding the procurement status updates or would like
additional information, please do not hesitate to contact either myself or Kyle Jones, Budget
Coordinator. Thank you.
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H
Memo
To: The Honorable Mayor and City Council members
Fronx Carol Wolfe, Director of Operations
CC: Aaron Boos, City Manager
Date: 412/2007
Re: Capital Project Status
Attached is a status report for each active capital project funded by a City of Milton appropriation. The
report includes the project description, project budget, encumbrances and actual expenditures -to -date.
If you have any financial questions regarding these projects, please do not hesitate to contact either
myself or Kyle Jones, Budget Coordinator, Thank you.
Attachment
GRANT
STATUS
Memo
To: The Honorable Mayor and City Council members
From Carol Wolfe, Director of Operations
CC: Aaron Bovos, City Manager
Date: 412/2007
Re: Grant Application and Award Status
Attached is a status report for all grants that have been applied for as well as a list of grants in the
research state and pending application. If you have any financial questions regarding these grant
projects, please do not hesitate to contact me. Thank you.
Attachment
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The Minutes will be provided
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The Minutes will be provided
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City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 11, 2007
FROM: City Manager
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 121-1.�fl, Crabapple Crossroads of the Northwest
Fulton Overlay District.
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: AA APPROVED () NOT APPROVED
VY
CITY ATTORNEY APPROVAL REQUIRED: 0 YES () NO
CITY A TTORNEY REVIEW REQUIRED: #) YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED () NOTAPPROVED
PLACED ON AGENDA FOR: AP12JL
Jqr 2DO-1
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.
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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: :
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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.
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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.
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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)
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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
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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)
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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
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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
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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
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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.
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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:
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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
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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.
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vehicle for sale shall be permitted,
provide that the sign does not exceed a t
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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
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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.
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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,
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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
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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.
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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.
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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.
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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
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Deleted: “Open/Close” signs not to
exceed (2) two square feet. Element and
neon tubing permitted.
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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.
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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:
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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.
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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
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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%
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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
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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%
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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: ¶
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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
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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
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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
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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: ¶
¶
¶
¶
¶
¶
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WILL REPLACE WITH CORRECTED MAP (STAFF COMMENT)
Deleted: ¶
¶
¶
¶
¶
¶
¶
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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
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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.
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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
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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
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Formatted: Font: Bold
Formatted: Font: 10 pt
STAFF WILL REPLACE WITH CORRECTED MAP TO REFLECT CITY OF MILTON BOUNDARIES
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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,
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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
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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
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Deleted: Environment and¶
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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
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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.
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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
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Deleted: Fulton County
Deleted: Resolution
Deleted: Fulton County Board of
Commissioners
Deleted: ¶
Deleted: Resolution
Deleted: Fulton¶
County,
Deleted: ¶
¶
¶
¶
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STAFF WILL REPLACE WITH CORRECTED MAP
Formatted: Font: 12 pt
Deleted: ¶
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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
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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
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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
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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
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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
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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.
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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
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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.
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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:
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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.
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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.
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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
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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:
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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
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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.
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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,
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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.
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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
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Range: White (w), Quarter-tone (q), Mid tone (m), Shadow tone (s)
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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.
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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.¶
¶
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City of Milton
................ .
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 3, 2007
FROM: City Manager
AGENDA ITEM: Approval of an Ordinance Amending Chapter 11, Article 1 and 2 of
the Code of Ordinances, Business and Occupational Licenses
MEETING DATE: Thursday, April 19, 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: N�Oju
REMARKS: G�-�
{} NOT APPROVED
j NO
(} NO
{} NOTAPPROVED
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 April 2 for April 19, 2007 City Council Meeting
Agenda Item: Approval of Revisions to Chapter 11, Article 1 and 2 Code of Ordinances –
Business and Occupational Licenses
CMO (City Manager’s Office) Recommendation:
Approve the recommended revisions to articles 1 and 2 of the ordinance governing the issuance
of business and occupational licenses.
Background:
City of Milton Ordinance Chapter 11 allows for the issuance of business licenses and
occupational tax certificates 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 occupational 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 11, Article 1 include:
1) Addition of the provision for businesses who do not generate gross receipts at their
business location in the City of Milton to calculate the occupational license fee due
based on the number of full-time equivalent employees at the Milton location
2) Revise the due date for annual occupation license renewal from January 31 to March
31
3) Clarification regarding the number of days delinquency before a one-time penalty
can be assessed for non-compliance with the occupational license renewal
provisions
The major changes reflected in the revision to Chapter 11, Article 2 include:
1) Addition of the applicable state statute regarding the levying of fees upon insurers
doing business within Milton
2) Addition of population and associated fee for insurer’s licensing
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
2
Fiscal Impact:
The revisions to Article 1 recommending the addition of payment calculated by number of
employees for those businesses who do not generate gross receipts from their location within
Milton will allow the City Treasurer’s office to better facilitate business licensing for several large
call centers in the City of Milton. Those businesses currently interpret the ordinance as only
being required to pay the $75 administrative fee in exchange for a business license. The
ordinance revisions will require an objective, measurable and verifiable method of calculating an
occupation license fee.
The addition of the specific information in Article 2 regarding the insurer’s licensing is setting the
foundation for a Georgia Municipal collection program in which all insurers doing business in
Milton will be identified and licensed appropriately. This program is expected to increase our
annual occupation license revenue by an estimated $8,000. Once the recommended revisions
are approved by the Council, a resolution authorizing the collection program will be presented
for approval.
Concurrent Review:
Aaron Bovos, City Manager
ORDINANCE NO.
STATE OF GEORGIA
COUNTY OF FULTON
AN ORDINANCE TO AMEND CHAPTER 11, ARTICLE 1 AND ARTICLE 2,BUSINESS
AND OCCUPATIONAL LICENSES, 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 11, Article 1 and Article
2, Business and Occupational Licenses, 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 3rd day of May, 2007.
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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;
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(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) “Occupational 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
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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 A-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 A-Fee
Schedule).
(d) Businesses not generating gross receipts at the business location in the City of Milton,
such as but not limited to call centers and warranty service centers, shall pay shall pay a
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rate based on the number of employees performing work at the business location(s) in the
City. (see Exhibit A-Fee Schedule). The number of employees shall be computed on a
full-time position basis and a full-time position equivalent basis. For the purpose of the
calculation an employee who works forty (40) hours or more weekly shall be considered
a full-time employee and the average weekly hours of employees who work less than
forty (40) hours weekly shall be added and such sum shall be divided by forty (40) to
produce full-time position equivalents.
(e) 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.
(f) 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 March 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 (or per
employee tax if applicable) 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
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(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.
(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
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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.
(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 March 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
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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.
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.
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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.
(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;
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(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
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 than January 31 March 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 than January 31 March 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) ninety
(90) 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
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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.
(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 than January 31 March 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. Upon ninety (90)
days delinquency, 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.
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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
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.
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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:
“(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
Pursuant to O.C.G.A. 33-8-8-61, there is hereby levied for the year 2006 and for each year
thereafter an annual license fee based upon a City of Milton population of 15,382, of one
hundred dollars ($100.00) 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 one hundred dollars ($100.00) license fee per location.
Section 4: License Fees for Insurers Insuring Certain Risks at Additional Business Locations.
Pursuant to O.C.G.A. 33-8-8-62, 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
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of an insurer for insurance said insurer shall pay an additional thirty-five dollars ($35.00) 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.
(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.
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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;
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
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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.
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.
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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).
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.
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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
(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.
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(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;
(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;
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(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.
(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.
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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
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.
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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.
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.
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(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
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.
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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
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.
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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.
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.
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Page 25 of 31
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:
(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.
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Page 26 of 31
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
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.
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Page 27 of 31
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.
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
28 OF 31
Page 28 of 31
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.
(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.
29 OF 31
Page 29 of 31
(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.
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.
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Page 30 of 31
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.
(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.
31 OF 31
Page 31 of 31
Section 9: Effective Date.
This ordinance shall become effective upon signing.
City of Milton
13000 Deerfield Parkway Suite 107G Milton, GA 30004
SCHEDULE OF RATES FOR BUSINESS OCCUPATIONAL LICENSES
The Business Occupational tax is based on the total gross receipts of the business, with the
exception of licensed practitioners and home-based businesses as defined in the City of Milton
Code of Ordinances.
Businesses not generating gross receipts shall pay according to number of employees as follows:
$150.00 plus $7.00 per employee plus an administrative fee of $75.00
Professional Practitioners may elect to pay a flat fee of $400, and home-based businesses are
assessed a flat fee of $100 plus the administrative fee of $75.
You will find your tax rate by finding your NAICS number below and it’s associated Class in
red. The chart below displays each class with its associated rate.
Business Occupational Tax
Schedule of Rates
Class Rate
Class 1 0.0005
Class 2 0.00079
Class 3 0.00085
Class 4 0.00089
Class 5 0.00095
Class 6 0.00114
Class 7 0.00119
Class 8 0.00133
Class 9 0.00139
Class 10 0.00144
Class 11 0.00149
Class 12 0.00154
Class 13 0.00158
Class 14 0.00164
Class 15 0.00168
Class 16 0.00174
Class 17 0.00178
Class 18 0.00184
Class 19 0.00188
Class 20 0.00194
Class 21 0.00198
Class 22 0.00208
Class 23 0.00213
Class 24 0.0022
Example:
$200,000 x 0.00154 = $308
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 11, 2007
FROM: City Manager W,
AGENDA ITEM: An Ordin nce Establishing Mayor and City Council Committees of
the City of Milton
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NO T APPRO VED
CITY ATTORNEY APPROVAL REQUIRED: () YES P NO
CITY ATTORNEY REVIEW REQUIRED: (k YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED
PLACED ON AGENDA FOR:
REMARKS. �t
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
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:
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
J^�
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 11, 2007
FROM: City Manager
AGENDA ITEM: Approval Revisions to Chapter 12, Article 2 Code of
Ordinances - Offenses and Violations, False Alarms.
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: S YES { } NO
CITY ATTORNEY REVIEW REQUIRED:} YES { } NO
APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR:
1H:.'.
ftt, 19, Zao�
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)
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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
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(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:
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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
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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;
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(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.
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(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
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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.
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(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
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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.
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(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;
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(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.
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(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.
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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
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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.
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(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.
(d) Upon registration, the monitored alarm user will be required to display the assigned
registration number in a prominent location at the main entrance to the
building/residence that contains the monitored alarm system.
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.
Page 16 of 27
(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.
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.
Page 17 of 27
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
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
Page 18 of 27
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;
(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
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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.
(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.
Page 20 of 27
Article 4: Animals.
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.
Page 21 of 27
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
(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.
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(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.
(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: April 11, 2007
FROM: City Manager
AGENDA ITEM: Approve Revisions to Chapter 10, Article 2 - Taxation
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: �'} YES { } NO
CITY ATTORNEY REVIEW REQUIRED: } YES { } NO
APPROVAL BY CITY ATTORNEY ()APPROVED () NOT APPRO VED
PLACED ON AGENDA FOR:
REMARKS: "t— t `Q � `"" f� O-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 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: April 11, 2007
FROM: City Manager
AGENDA ITEM: An Ordin nce Amending Chapter 6, Ethics and Standards of
Conduct, of the City of Milton Code of Ordinances
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: NAPPROVED () NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: () YES � NO
CITY ATTORNEY REVIEW REQUIRED: 0 YES () NO
APPROVAL BY CITY ATTORNEY ()APPROVED {} NOT APPROVED
PLACED ON AGENDA FOR: NNAL l (� n, �C07
REMARKS:
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
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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:
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(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
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(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
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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
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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.
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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:
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(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.
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(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.
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(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
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(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
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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.
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(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
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(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.
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(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
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(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.
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(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.
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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.
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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
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(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..
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(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
N- 0 13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 11, 2007
FROM: City Manager
AGENDA ITEM: An ordin nce establishing noise control within the City of
Milton, Georgia
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMA TION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: APPROVED () NOTAPPROVED
CITY ATTORNEY APPROVAL REQUIRED: k) YES (j NO
CITY A TTORNEY REVIEW REQUIRED: r YES () NO
APPROVAL BY CITY ATTORNEY () APPROVED () NOT APPROVED
PLACED ON AGENDA FOR.-
REMARKS:
OR: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 and the
April 19, 2007 City Council Reading
Agenda Item: An ordinance establishing noise control within the City of Milton, Georgia
CMO (City Manager’s Office) Recommendation:
Approve the attached ordinance establishing noise control within the City of Milton, 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
City of Milton
13000 Deerfield Parkway, Building 100 Milton, Georgia 30004
February 8, 2007 and March 8, 2007 Council Work Sessions. Because of substantial changes,
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
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. "M(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 0-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 1 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 1 or type 11
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 I Commercial
District of Sound Residential 65dB(A) 70
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 2 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 3 of 5
I . 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 4 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
Attest:
Jeanette R. Marchiafava, City Clerk
(Seal)
Joe Lockwood, Mayor
Page 5 of 5
City of Milton T
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM[
DATE: April 11, 2007
FROM: City Manager
AGENDA ITEM: Ordinan a Establishing the Citizens Advisory Committee to
the City of Milton Comprehensive Plan Update.
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION., (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: NAPPROVED () NOT APPROVED
CITY A TTORNEY APPROVAL REQUIRED: () YES K NO
CI TY A TTORNEY REVIEW REQUIRED: k YES () NO
APPROVAL BY CITY ATTORNEY ()APPROVED {) NOT APPROVED
PLACED ON AGENDA FOR� tq' 2co-7
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 27, 2007 for Submission onto the April 12, 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 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 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 shall be selected by the Mayor and City Council.
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
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
TO: City Council
CITY COUNCIL AGENDA ITEM
DATE: April 19, 2007
FROM: City Manager
AGENDA ITEM: Approva of February 2007 Invoice for Legal Fees
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION. (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: kfAPPROVED () NOTAPPROVFD
CITY ATTORNEY APPROVAL REQUIRED: () YES { NO
CITY ATTORNEY REVIEW REQUIRED: {) YES NO
APPROVAL BY CITY ATTORNEY () APPROVED {) NOT APPROVED
PLACED ON AGENDA FOR: A 4L- t qr W0-7
REMARKS: �-'t
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
To: Honorable Mayor and City Council Members
From: Carol R. Wolfe, CGFM, SPHR, Director of Operations
Date: Submitted on April 11 for April 19, 2007 City Council Meeting
Agenda Item: Approval of February 2007 Invoice for Legal Fees
CMD (City Manager's Office) Recommendation:
Approve the payment of legal fees per the attached invoice in the amount of $9,035.41
Background.
The City receives a monthly invoice from Jarrard and Davis for legal services rendered to the
City by Marie Scott, the City's attorney. The invoice also includes other legal support services
rendered by Jarrard & Davis as well as fees incurred due to the use of external legal entities.
Discussion:
The legal invoice is detailed by project and where applicable by department. Each month, staff
will review legal fees associated with the respective project/department and the department
director is responsible for approving the hours spent on the project or entering into a dialogue
with the City Attorney regarding dispute of the fees.
Once the legal invoice reaches the City Council on the third Thursday agenda of each month,
the staff -related projects will be approved or the invoice will have been adjusted. Council will
then be responsible for approving council -related legal fees.
The following list represents the billed hours needing council approval in order to remit payment
for the February 2407 invoice:
INVOICE
DATE
DESCRIPTION
HOURS
AMOUNT
PAGE #
Telephone conference with Councifinember Lusk regarding council
2114107
member involvement with boards/commissions.
.60
$90.00
2
2115107
Attend City Councilpre-meeting and regular council meeting.
2.20
$330.00
2
2120107
Review proposed resolution memorandum on council involvement with
boards/commissions. Tetephone conference with Councifinember Lusk
regarding same.
.40
$60.00
2
2125107
Review master covenants for Deerfield Park properties upon receipt from
Chatham holdings in light of sexually -oriented business ordinancelzoning
amendment. Email correspondence to city council transmitting same
80
$120.00
10
2127107
Prepare revised amendment to adult entertainment portion of zoning
ordinance
1.20
$180.00
10
2114/07
2115107
2119107
Legal research and consultation regarding sign ordinance
5.60
$840.00
1 11
City of Milton
13000 Deerfield Parkway Suite 107G Milton, Georgia 30004
Alternatives:
None identified.
Concurrent Review:
Aaron 6ovos, CGFM, CTP, City Manager
Carol Wolfe, Operations Director
Tom Wilson, Community Development Director
Chris Lagerbloom, Public Safety Director
AM
JAAAARD':..
A Limited U.4604 -armerA4
JARRARD & DAVIS
A Limited Liability Partnership
105 Pilgrim Village Drive, Suite 200
Cumming, GA 30040
Phone: 67$-455-7150
PAYMENT DUE UPON RECEIPT - THANK YOU!
CITY OF MILTON - FEBRUARY 2007 INVOICE
March 26, 2007
MATTER
DEPARTMENT
DEPT.
FILE NO.
AMOUNT DUE
City of Milton - General
City
1500
M-003-1500
$3,456.62
Covenant Media
City
1500
M-0007-150❑
$1,15500
Noise Ordinance
�iy 1ti.- City
1500
M-0006-1500
$690.00
Public Safety Intergovernmental Agreement
1500
M-0010-1500
A=ft ALW
Sexually Oriented Business Ordinance
City
1500
M-0010-1500
Sign Ordinance
City
1500
M-0001-1500
$840.00
Balance for Department 1500 - Board
$5,116.62
Community Development Department Community Development 4449 1 M-OD04.4449
$3,205.73
Balance for Department 4449 - Community Development
$3,205.73
Operations - General Operations 1000 1 M-0011-1000
$165.00
Balance for Department 1 DDD - Operations
M-0005-1634 $368.06
$1 sS.fSD
\\
Annexations
Planning & Development
1630
M-0005-1634 $368.06
Development Bonds
Planning & Development
1630
M-0013-1630 555.00
Balance for Department 1830 - Planning & Development Z3 -
Page 1 of 1
TOTAL DUE FOR PROFESSIONAL SERVICES RENDERED $9,410.4{
0
r 1Jy f 6L 4 qI f s;l q 1
WS
■s
ss
Jarrard & Davis, L.L.P.
A 11"tcd T.iabiky Nrtntts up
105 Pilgrim Village Drive, Suite 240
Cmmndng, GA 30040
Phan 678-455-7150
Facsin i 678-455-7149
March 26, 2007
February Statement.
City of Milton
Attn: Kyle lanes
13000 Deerfield Parkway
Building 100
AIpharetta GA 30004
Re: City of Milton - General --
Law Firm File 4 M-003-1500
FOR PROFESSIONAL StRVVICES RENDEIZED IFF-BRUARY 1, 2007 THROUGH FEBRUARY 28, 2007
SERVICES:
DATE ]'AME DESCRIPTION 14OUR5 AMOUNT
2/14/2007 MES
Telephone conference with Council Member Bill Lusk regarding
O.60
90.00
Council Members involvement with Board and Commissions.
2115/2007 MES
Attend City Council Pre -meeting and council meeting for the City of
2.20
330.00
Milton.
2/20/2007 MES
Review and sign fort (4) franchise agreements,
0.40
ba
60.00 MP
MES
Review proposed resolution memorandum on council involvement
0.40
60.00
with boards and commissions. Telephone conference with City
Council Member Lusk regarding same.
2/21/2007 1v1ES
Prepare for and attend work sesssion with City of Milton council
5.50
825.00
members.
2/23/2007 MES Bi -weekly meting with Aaron Bovos regarding attorney 0.40 60.00
engagement.
2/28/2007 MES Review multiple em"s fr❑in City of Milton council members 0.50 NO CHARGE
regarding legal invoice issues.
Total Fot Services
10.00 $1,425.00
81/60 39ad SIAVG (INV adv6dvf 6PZL5908L9 66:92 LeeZ1601V0
City of Milton Page 2
City of Milton - General
DISBURSEMENTS:
Balance Due $1,456.62
U
81100 39bd sIAV9 CNV adVddVf sti1LSSP8L9 EE:ST LOOZ/Cet00
QT°Y
2/15/2007 Westlaw Research
1 17.58
2/21/2007 Westlaw Research
1 0.71
2128/2007 Westlaw Research
1 13.33
Disbursement&. Too]
$31.62
Balance Due $1,456.62
U
81100 39bd sIAV9 CNV adVddVf sti1LSSP8L9 EE:ST LOOZ/Cet00
jarrard & Davis, L.L.P.
A Ignited Liability Pa=ft9 ip
105 Pilgrim village Drive, Suite 200
Cumming, GA 30W
Phone 478-455-7150
1~'acsimr a 678-455-7149
March 26, 2007
February Statement
City of Milton
Attn: Kyle Jones
13440 Deerfield Parkway
Building 104
Alpharetta GA 30004
Re. Covenant Media
Law Firm pile # M-0007-1504
FOR PROFESSIONAL SERVTCES RENDERED FEBRUARY 1, 2407 THROUGH FEBRUARY 28, 2007
SERVICES:
DATE 14AME DESCRIPTION HOURS AMC)UN X'
2/1612007 MES Receipt and review correspondence, complaint, and waiver of service. 4.10 515.00
Telephone conference with Mayor Joe Lockwood, City Manager Aaron
Bovos, and City Clerk Jeanette Marchiafava to inform of now lawsuit.
Telephone conference with GIRMA and Gallagher Bassett Services
regarding same. Prepare transmittal to OMMA. Telephone
conferences with city staff regarding lawsuit and receipt thereof. Draft
correspondence to Milton city officials regarding new lawsuit. Prepare
correspondence transmitting waiver of service. Telephone conference
with Bill Daughty and AJC reporter regarding press inquiry on lawsuit.
Prepare fax transmittals of Complaint to City and GMMAlagents.
2/19/2007 MES Review 4 applications received from staff. Review complaint and 1.80 270.00
exhibits, Legal research regarding cases cited in Plaintiff's complaint
and attached Fulton County Superior Court decision.
2/20/2407 MES Telephone conference with Carole Barnaby of Gallagher Bassett 1.40 210.00
regarding GIRMA assuming defense. Fax missing portions of
Complaint to Ms. Barnaby. Telephone conference with attorney laurel
Henderson to discuss facts of case and ordinance resolutions filed and
ponding amendments to ordinance.
U
81!50 33Vd SIAVU aNV adVddVr 6VTLS9V8L9 EE :!;T 2-007/60/1?0
City of Milton Page 2
Covenant Media
2/22/2007 MES Telephone conference with Laurel Henderson regarding amendment to 0.40 60.00
sig ordinance and executive session. Telephone conference witli
Jason Wright regarding facts of sign ordinance adoption for article.
Total Por Services 7_7f] $1,155.00
Balance Do $1,155.00
;9
8L/90 39dd SIAVG aNV a6v6avc SbtL95hSL9 EE:SZ LHBZ/E0/P0
Jarrard. & Davis, L.L.P.
A Liaised Liability Pariw p
145 Pilgrim Village Drive, Suite 200
Cumming, GA 30040
Phone 678-455-7150
Facsimile 67$455-714
March 26, 2007
February Statement
City of Milton
Ann. Kyle Jones
13000 Deerfield Parkway
Building 100
Alpharetta OA 3 0004
Re: Noise Ordinance
Law Firm File 4 M-0006-1500
FOR PROFESSIONAL SERVICES RENDERE17 FEBRUARY 1, 2007 THROUGH FEBRUARY 28, 2007
S)EA VTCIES:
DATE NAME DESCRIPTION HOURS ANJOUNT
2/1212007 MES Receipt and review email correspondence from citizen regarding
0.50 75.00 [ ,�
Montana's Bar Sc. Grill complaint and request from Aaron Bovos
'-�k
regarding enforcement issues. Review Police intergovernmental
Agreement. Receipt and review correspondence from public safety
kA
director.
2/14/2007 MES Review Sandy Springs Noise Ordinance in preparation of re -drafting
0.40 40.40
proposed Noise Ordinance,
2/15/2007 MES Meeting with Community Development Director and Public Safety 0.20 30.00
Director regarding noise ordinance.
MES !Meeting with Development Director and Public Safety Dirc�,tor 0.70 105.00
regarding noise ordinance.
2120/2007 MES Meeting with Chris Lagerbloom regarding status of proposals for noise 0.20 30.00
ordinance
2/23/2007 MES Review Washington State combined measured -apparent ordinance for 0.50 75.00
possible use by City of Milton.
8T/zo 39vd 5IAVG QNV UdVd6Vr GVIL99VOL9 EE:SZ L0@ZIE6Ib-
City of Milton
Noise Ordinance
212612447 MES Draft: Noise Ordinance based on Edmonds, Washington ordinance.
Draft new "purpose" language for zoning/sign ordinance. Telephone
conference with Community Development Director regarding same_
Email correspondence regarding same.
Total For Services
Ralance Due
81/60 3!Dvd
( Dq
srAdd aNV Qad6ddr
Page 2
2.10 31$.00
4.60 S690-00
$690.00
6PTL9908L9 EE:9T Le07,1e0�
jarrard & Davis, L.L.P.
A Lin -ked 1,iab2q Partnership
105 Pilgrim Village Dave, Suite 200
Cumming, GA 30040
Phone 678-455-7150
facsir Oe 678-455-7i49
March 26, 2007
February Statement
City of Milton
Attn: Xyle tones
13000 Deerfield Parkway
Building 100
Alpharetta GA 30004
Re, Public Safe . +t� Interg 3vernmental Agreement
Law Finn File # M-0010-1500
FOR -PRGFASSIONAL SERVICES PENDjEREED FEBRUARY 1, 2007 TBRQUGTi FEBRUARY 28, 2007
SERVICES:
DATE NAMr, DESCRIPTION BOURS AMOUNT
2/13/2007 MES Email correspondence with and telephone conference with Chris 1.10 155.00
Lagerbloom regarding Tritergoverrimental Agreement and contact with
Fulton County, TZ.eceipt and review email correspondence regarding
citizen complaints on Montana Bar & Grill.
2/19/2407 MES Draft Intergovernmental Agreement with City of Alpharetta for 1.20 180.00
evidence and 911.
2/20/2007 MES Meeting with Chris Lagerbloom regarding drafts of public safety 0.20 30.00
Intergovernmental Agreements with Alpharetta_
2/22/2007 MES Review Director's draft markups of Intergovernmental Agreements with 0.80 120.00
Alpharetta for 911 and evidence storage. Reply email correspondence
to director with comments.
2/23/2007 MES Meeting with Chris Lagerbloom regarding review of drafts of 0.60 90,00
Intergovernmental Agreements with Alpharetta.
Total For 5Qrvicee 3.90 $585.00
(V
81/60 EE)vd SIAva aHd a�jv�]Nvr SVIL99V8L9 EE:9T 7a�Zr /iia
City of Milton
Public Safety Iutergo venuntnta] Agreement
Balance Due
Page
$585.00
8T/OT 3Jbd SIAVU QNV advd6Vr SVUSSb8L9 E4=51 LOOZ/EB/bq
jarrard & Davis, L.L.P.
A Limimd babi ity Na crship
105 Pilgim V:lage Drive, Suite 200
Cumming, GA 30044
Phoac 678-455-7150
Facsimile 678-455-7149
March 26, 2007
February Statement
City of Milton
Attn: Kyle Jones
1.3000 Deerfield Parkway
Building 100
Alpharetta GA 30004
p,e; Sexually Oriented Business Ordinance
Law Firm File # M-0012-1500
FOR PROFESSIONAL SERVICES RENDEREI) PEEItUAR'Y'.1, 2007 THROUGH FEBRUARY 28, 2007
SERVICES:
DATE NAME DESCRIPTION HOURS AM01JKI'
2/13/2007 NES Email correspondence with Aaron Bovos regarding sexually -oriented 0.60 90.00
businesses ordinance varsion adopted and comparison with Johns
Creek ordinance. Review Johns Greek ordinances to compare and
discuss differences.
2/26%2007 MES Review master covenants for Deerfield Park properties upon receipt 0.$0 120.40
from Chatham Holdings in light of sexually -oriented business
ordinance/zoning amendment. Email correspondence to Council
transmitting same.
2/27/2007 MES Prepare revised amendment to Adult Entertainment portion of Zoning 1.20 180.00
Ordinance.
Total For Services 2.60 $390.00
Balance Due $390.00
8Z/TT 3!)Vd 5IAVG GNV GdVddVC 6VU9SV8L9 EE:ST LOAZIEO/"--
jarrard & Davis, L.L.P.
A Limited LaAaty Na=sl ip
105 Pilgrim. Village Drive, Suite 200
Cuamutig, GA 30040
Phone 678-455-7150
Facsimile 678-455-7149
March 26, 2007
February Statement
City of Milton
Attn: Kyle .lanes
13000 Deerfield Parkway
Building 100
Alpharetta CxA 30004
Re-, Siem Ordinance - ---- -
lraw l~'irm l~ile 4 M-0001-1500
FOR PROFESSIONAL SERVIC:FS RFNDFR ED FEBRUARY 1, 2007 TF ROUGH FEBRUARY 28, 2007
SERVICES:
DATE NAME DF-SCRWnON HOURS AMOUNT
2/14/2007 MES Continue legal research regarding billboard cases eonceming 1.70 255.00
constitutionality of prohibition.
2/15/2007 MSS Legal research of sign ordinance cases for ordinance drafting. 2.50 390-00
MES Amendments to zoning ordinance regarding adult entertainment and 0.20 30.00
signs.
2/19/2007 ASD Telephone conference with attorney Mark Scott regarding kmtegy 0.30 45.00
related to billboards and new lawsuit regarding same.
MES Legal research regarding sign cases. Conference with attorney Angela 0.80 120.00
Davis regarding work session with City of Milton Council members
and sign ordinance.
Total For Services 5.60 $840,00
Balance Due $840.00
C)
8T/El dE)Vd SIAVU GNV G�ivddvr SVTZG9V8L9 EC -Sl ?-00Z/E0
jarrard & Davis, L.L.R.
A Limited Lability Patm=hip
305 Pilgxixn Village Dxive, Suite 200
Cuffing, OA 30040
Phone 678-455-7150
Facsimile 678-455-7149
March 26, 2007
February Statement
City of Milton
Attu: Kyle )ones
13000 Deerfield Parkway
Building 100
Alpharetta GA 30404
Re: Community Develotrment Department . --
Law Firm File # M-0004-4449
FOR PROFESSIONAL SERVICES RENDERED FEBRUARY 1, 2047 THROUGH VEBROARY 2$, 2007
SERVICES:
TATE NAME DESCRiPT1ON
2/9/2047 MES Receipt and review email correspondence from staff regarding follow
up on work session discussion of pending zoning amewltnents.
2/12/2007 MES Meeting with community development staff regarding review neaps
with {SIS personnel for sign ordinance issues.
MES Meeting with Tom Wilson regarding review of Fulton County
communications and restrictions on uses and accessory uses in
Birmingham overlay district.
hF,S Meeting with community development staff regarding review maps
with GIS personnel for sexually -oriented business issues.
2/17/2007 MES Attend Boards and Commission training. Answer questions by
facilitator, Board and Commissioners appointees. Provide legal advice
regarding zoning and planning issues and questions -of boards and
commissions.
2/20/2007 MES Meeting with Tom Wilson and Aaron Bovos regarding maps of
properties where adult businesses and signs would be permissable
under alternate scenarios, discuss proposal to further limit size and
height of signs. Multiple omail correspondonco regarding executive
session scheduling.
81/61 39Gd 5IAVU QNG Q2i"Jvj' 6btLS9V8L9
I �1LiI1 r.�� � u■ C�1 �� � r y
4,60 90.00
1.00 154.00
0.20 30.00
I A 130.00
'.20 1,080.00
0.80 120.00
EE :51: Loozlc91v8
City of Milton
Community Development Department
2/20/2007 MES Telephone conference with attorney for "The Manor" development
regarding road abandonment and dedication. Forward engineering
information to City Engineer Abbie Jones.
2/22/2407 MES keview correspondence making claim for pothole damage. Legal
research regarding validity. Telephone conference with with GIRMA
adjuster. Transmit claim to GDRNIA adjuster.
2/2312007 MES Meeting with Tom Wilson regarding status of zoning amendments_
MES Review additional pothole claims. 1~ onward same to Gallagher
Bassett/OMMA. Telephone conference with same regarding sending
denial letters. Telephone confercnoe with Chris Lagerbloom regarding
reports in claims that police officer from Fulton County told claimants
to file complaints with City of Milton.
NMS Telephone conference with Chatham Development regarding providing
copy of deed restrictions for Deerfield Properties.
Total For Services
DISBURSEMENTS:
2/1/2007 Research regarding annexation law.
2/13/2007 Westlaw Izascarrh
Disbursements Total
Balance Due
81/V1 3!DVd
�3
5IAVG GHV UV66VO
Page 2
0.40 6000
1.10 165.00
0.20 30.00
0.8o 120.00
4.10 15.00
13.40 $2,010.00
—
QTY
1 1,19{).00
1 5.73
$1,195.73
$3,205.73
6VTL9968L9 66:91: L00ZIEGIVO
jarrard & Davis, L.L.P.
A Linnted Liability Partnership
105 Ngtiin'V"illage Dxivt, Suite .200
Cumm7n& GA 30040
Phone 678-455.7150
Facsimile 678-455-7149
March 26, 2007
February Statement
City of Milton
Attn: Kyle ]ones
13000 Deerfield Parkway
Building 100
Alpharetta GA 30004
Re: Operations - General
Lave Firm File # M-0011-1000
FOR PROFESSIONAL SERVICES R8NDERED FP,)31Z JA1tY 1, 2007 THROUGH FEBRCJARY 28, 2047
SERVICES:
DATE NAME DESCR2T1ON HOURS AMO()NT
2/21/2007 NMS Review emails from Chris Lagerhloom and Carol Wolfe regarding 1.10 165.00
proposed amendment to alcohol ordinance regarding character of
applicants. Legal research regarding of casalaw and statutes regarding
same.
Total For Services
Balance nue
1.10 $165.00
$165.00
of/sl 39vd SIAVG QNV allVaNVC SVIL99ML9 66:ST L00Z/E0/170
jarrard & Davis, L.L.P.
A Limited Liability partnership
105 Pilgrim N Magc Drive, Suite 200
Cnmmi-g, GA 30040
Phone 678-455-7150
Facsiarrile 678-455-7144
March 26, 2007
1lebruary Statement
City of Milton
Attn: Kyle Jones
13000 Deerfield Parkway
.Building 100
Alpharetta GA 30004
Re: Annexations
Law Firm File # M-0005-1530
1~ORPROFESSTONAL SERVICES RENDERI✓D 'FEBR,UARY 1, 2007 THROUGH FEDRFJARY 29, 2007
SERVICEfi:
DATE NAME DESCRIPTION
2/912007 MES Telephone call to follow up email correspondence with Bill Doughty
regarding annexation map and acreage of parcels in dispute.
2/12/2007 MES Email correspondence with Mike Tuller regarding properties not
reG4gniZed by County as annexed.
2/26/2007 MES Email correspondence *om Aaron Bovos. Telephone conferenee with
Jan Jones regarding House Bill 306 applies only to South Fulton
County. Email correspondence with Aaron Bovos regarding same.
Total For Services
DISBURSEMENTS:
2/112007 Court Reporter
Disbursements Total
81/91 3E)Vd SIAVQ 4NV Gdvadvc
HOURS
AMOUNT
0.30
45.00
0.20
30.00
0.60
90.00
1.10 1165.00
OTY
1 203.06
$2,03.06
6bZL95b8L9 CC -ST LOW1601b0
City of Milton Page
Annexations
Igatance Due $368.05
ST/LI 3OVd SIAVG aNV CIdVNddf 6biL'99 GLS EE =qZ 200Z/CO/VO
Jarrard & Davis, L.L.P.
A Lkrked Liability Paraursi ip
1.05 Pilgrim Village Drive, Suite 200
Cummin& GA 30440
Phone 678-455-7150
Facsnnile 478-455-7149
March 26, 2007
February Statement
City of Milton
Attn: Kyle Jones
13000 Deerfield parkway
Building 104
Alpharetta GA 30004
Re: Develo ment Bands
Lave Finn Vile 4 M-0013-1630
FOR PROFESSIONAL SERVICES RENDERED FEBRUARY 1, 2007 THROUGH VP-13RUARY 28, 2007
SERVICIES!
DATE NAME DESCRIPTION HOURS AMOUNT
2/26/2007 VNH Prepare development baud farms. Legal research regarding same. 2.00 300.00
MES Telephone conference with Toon Wilson regarding performance and 120 180.00
maintenance bond program. Meeting with Attorney lien Jarrard and
attorney Paul Higbee regarding setting up program and proposal.
Reprise Chapur 19 amendment language and email to members of the
City of Milton council.
2/27/2007 PNH Prepare development bond documents. 4.30 45.00
PNH Review materials regarding development rands. 020 30.00
81/81 39dd
Total for Services 3.70 $555.00
Balance Dme $555.00
SiAVa aNv GdV6dVr
6b1LSSPBL9 cc :5Z LOaz/E0/tl0
Approval of a Resolution regarding meetings times.
NO DOCUMENTS SUBMITTED
City of Milton
13000 Deerfield Parkway, Suite 107, Milton, Georgia 30004
CITY COUNCIL AGENDA ITEM
TO: City Council DATE: April 13, 2007
FROM: City Manager
AGENDA ITEM: Approval of a Resolution of Intent for Participation in the National
Flood Insurance Program
MEETING DATE: Thursday, April 19, 2007 Regular Meeting
BACKGROUND INFORMATION: (Attach additional pages if necessary)
See attached memorandum
APPROVAL BY CITY MANAGER: �V APPROVED (} NOT APPROVED
CITY ATTORNEY APPROVAL REQUIRED: (} YES (V' NO
CITY ATTORNEY REVIEW REQUIRED: YES ()IVO
APPROVAL BY CITY ATTORNEY ()APPROVED } NOT APPROVED
PLACED ON AGENDA FOR:
REMARKS:
City of Milton
13000 Deerfield Parkway Suite 107C Milton, Georgia 30004
Page 1 of 1
To: Greg Wilson, Community Services Director
From: Abbie Jones, PE
Date: April 13, 2007 for submission onto the April 19, 2007 City Council meeting
Agenda Item: Resolution of Intent for Participation in the National Flood Insurance Program
Engineer Recommendation:
The Staff recommends approval of the Resolution. We currently do not have one adopted.
Background:
Participation is needed by the City in the National Flood Insurance Program. Fulton County
was a participant and as such some of the City’s residents have flood insurance. Failure of the
City to accept this resolution will result in City residents not being able to renew flood
insurance, get federal grants or loans for flood hazard areas, get disaster assistance, and more
actions involving liability.
Also, a letter was received from Georgia EPD regarding this important issue this week.
Discussion:
Staff urges quick acceptance of this resolution of intent to continue an existing service provided
to residents.
Another part of this outstanding item is for City Council to accept the model Stormwater
ordinances. This was planned for the May work session.
Alternatives:
1. Defer to May work session with Stormwater Ordinance. Staff sees having part of the
required paperwork in order as a positive step as seen by EPD’s point of view.
Concurrent Review:
Tom Wilson, Community Development
Mark Scott, City Attorney