HomeMy WebLinkAboutORDINANCE NO. 08-06-08STATE OF GEORGIA
COUNTY OF FULTON
ORDINANCE NO. 08-06-08
AN ORDINANCE TO AMEND THE CODE OF THE CITY OF MILTON GEORGIA
HEALTH AND PUBLIC SAFETY ORDINANCE CHAPTER 15 ARTICLE 2 AS IT
PERTAINS TO THE REGULATIONS INVOLVING FIREARMS AND COMPONENTS
OF FIREARMS
THE COUNCIL OF THE CITY OF MILTON HEREBY ORDAINS while in regular
session on the 2"d day of June, 2008 at 6:00 p.m. as follows:
WHEREAS, the Constitution of the State of Georgia, approved by the voters of
the State in November, 1982, and effective July 1, 1983, in Article IX, Section II,
Paragraph II thereof, and general state law, codified at O.C.G.A. § 36-35-3,
provide that the city council of the city may adopt clearly reasonable ordinances
to govern its affairs; and
WHEREAS, the city council of the City of Milton adopted and approved the
amended Health and Public Safety ordinance (the "Ordinance") on March 17,
2008; and
WHEREAS, said Ordinance, among other things, regulates the possession of
firearms and ammunition during an emergency; and
WHEREAS, O.C.G.A. § 16-11-173(b)(1) expressly preempts counties and cities
from regulating the possession of firearms or components of firearms; and
WHEREAS, a recent decision by the Georgia Court of Appeals in Guncarrg. ore
Inc. v. Coweta County Georgia, 288 Ga.App. 748, 655 S.E.2d 346, affirms the
state's right to expressly preempt local ordinances pertaining to the possession of
firearms or components of firearms; and
WHEREAS, the city council feels it is prudent to amend Chapter 15, Article 2,
Section 5 in light of threatened litigation, without agreeing or assuming that the
above -referenced authorities govern the Ordinance; and
NOW, THEREFORE, THE COUNCIL OF THE CITY OF MILTON HEREBY
ORDAINS that Chapter 15 of the Code of the City of Milton is hereby adopted and approved to
read as follows:
Chapter 15: Health and Public Safety
Article 1: Overall Purpose
The purpose of this chapter is to provide for the health and safety of the citizens of the
City of Milton.
Article 2: Emeraency Management Services
Section 1: Purpose
The purposes of this section are to:
(a) Reduce vulnerability of people and the community to damage, injury and loss of life
and property resulting from natural or manmade catastrophes, riots or hostile military or
paramilitary action.
(b) Prepare for prompt and efficient rescue, care and treatment of persons victimized or
threatened by disaster.
(c) Provide a setting conducive to the rapid and orderly start of restoration and
rehabilitation of persons and property affected by disasters.
(d) Clarify and strengthen the roles of the mayor, city council, city administrator and
city departments in prevention of, preparation for, response to and recovery from disasters.
(e) Authorize and provide for cooperation of activities relating to disaster prevention,
preparedness, response and recovery.
(f) Authorize and provide for coordination of activities relating to disaster prevention,
preparedness, response and recovery by departments and officers of the city, agencies of
the private sector and similar activities in which the federal government, the state and its
political subdivisions may participate.
(g) Provide a disaster management system embodying all aspects of pre -disaster
preparedness and post -disaster response.
Section 2: Emergency Defined.
As used in this Article, " emergency" shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the city
caused by such conditions as air pollution, disease, fire, flood, storm, epidemic, riot, or
earthquake, or other conditions, including conditions resulting from war or the imminent threat
of war. Such term shall not include conditions resulting from a labor controversy, which
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conditions are, or are likely to be, beyond the control of the services, personnel, equipment, and
facilities of the city, requiring the combined forces of other political subdivisions to combat.
Section 3: Director o Emergency Management Services
The office of the director of emergency management services is hereby created. The
mayor, with the consent of the city council, shall nominate for appointment by the governor, a
director, whose duties, upon appointment, shall be as follows:
(a) to represent the mayor on all matters pertaining to emergency management;
(b) to coordinate the development of community -wide emergency preparedness;
(c) to develop an emergency and disaster operations plan for effective mobilization of all
the resources of the city, both private and public;
(d) to prepare and recommend for approval by the city council mutual aid programs and
agreements between other local governments and the city;
(e) to prepare and effectuate legal action for continuity of government in the event of
emergency;
(f) to coordinate and advise government departments in development and
implementation of the emergency and disaster operations plan and other required agencies
or groups;
(g) during periods of emergency to obtain vital supplies and equipment lacking, needed
for the protection of life and property of people and bind the city for the value thereof and
if required immediately, requisition same.
(h) to procure federal and state assistance through emergency management channels and
through federal assistance programs in such areas as law enforcement, highway safety,
ambulance procurement, or emergency medical services and others.
In addition to the above duties, the director of emergency management services shall be
responsible during an emergency to advise the mayor in operational situations, public
information and privileged information implementation of the emergency plan, to direct
and coordinate the activities of the emergency operation center staff, and to assist the
mayor in assuring the execution of operations plans and procedures required by the
emergency.
Section 4: Disaster Plan.
The director shall prepare a comprehensive disaster basic plan which shall be adopted and
maintained by resolution of the council upon the recommendations of the director. Incorporated
into such plan and expressly made a part thereof, shall be a crisis communications plan. In the
preparation of this plan as it pertains to city organization, it is the intent that the services,
equipment, facilities and personnel of all existing departments and agencies be used to the fullest
extent. The disaster plan shall be considered supplementary to this ordinance and have the effect
of law whenever emergencies have been proclaimed.
State law Reference O.C.G.A. § 49-5-233
Section S: Emergency; Special Powers.
In the event of man-made or natural disaster, mass electrical failure, rioting, actual enemy
attack upon the United States or any other emergency which may affect the lives and property,
the mayor may declare that a state of emergency exists by written proclamation setting out the
circumstances of the emergency and thereafter the mayor, or in his/her absence, the mayor pro
tem or city administrator, shall have and may exercise for any period as this state of emergency
exists or continues, the following emergency powers:
(a) to enforce all rules, laws and regulations relating to emergency management and to
assume direct operational control over all emergency management resources;
(b) to seize, take for temporary use, or condemn any property for the protection of the
public;
(c) to sell, lend, give or distribute all or any property or supplies among the inhabitants
of the city; to maintain a strict accounting of property or supplies distributed and for funds
received for the property or supplies;
(d) to declare a limited or general curfew as may be needed to restore public order;
(e) ordering the closing of any business;
(f) closing to public access any public building, street or other public place;
(g) to prohibit or regulate the possession, sale or use of explosives, gasoline or other
flammable liquids, or dangerous weapons of any kind, excluding firearms or components
of firearms; and
(h) to perform and exercise any other functions and duties and take any emergency
actions as may be necessary to promote and secure the safety, protection and well being of
the inhabitants of the city.
Section 6: Mutual Aid.
In periods of local emergency, the city is granted full power to provide mutual aid to any
affected area in accordance with local laws, ordinances, resolutions, emergency plans or
agreements therefore. The city may request from state agencies mutual aid, including personnel,
equipment and other available resources to assist the city during the local emergency plans or at
the directions of the governor.
Section 7: Civil Liabilities.
(a) The city shall not be liable for any claim based upon the exercise or performance, or
the failure to exercise or perform, a discretionary function or duty on the part of the city or
any employee of the city excepting willful misconduct, gross negligence or bad faith of
any such employee, in carrying out emergency services as defined in Article 2 above.
(b) The immunities from liability, exemptions from laws, ordinances and rules, all
pensions, relief, disability workers' compensation and other benefits which apply to the
activity of officers, agents or employees of the city when performing their respective
functions within the territorial limits of the city shall apply to them to the same degree and
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extent while engaged in the performance of any of their functions and duties extra
territorially under the provisions of this chapter, excepting willful misconduct, gross
negligence, or bad faith.
"' (c) Volunteers duly enrolled or registered with the city in a local emergency, a state of
emergency, or a war emergency, or unregistered persons placed into service during a state
of war emergency, in carrying out, complying with, or attempting to comply with any
order or regulation issued pursuant to the provisions of this chapter or performing any of
their authorized functions or duties or training for the performance of their authorized
functions or duties, shall have the same degree of responsibility for their actions and enjoy
the same immunities as officers and employees of the city performing similar work.
Article 3• Fire Code
Section]: Fire Chiefand Fire Marshall
The City Manager shall appoint the Fire Chief and the Fire Marshal.
Section 2: Fire Prevention duties.
A. The fire prevention code shall be enforced by personnel in the city fire
department, which is established and which shall be operated under the
supervision of the fire chief.
B. The fire chief may detail members of the fire department as inspectors. If
necessary these inspectors may be reassigned to the fire fighting force at the
discretion of the fire chief.
Section 3: Fire limits of city' storage of explosives flammable liquids and liquefied petroleum
gases.
Districts within the city where storage of explosives, flammable liquids or liquefied
petroleum gases are restricted or permitted under the fire prevention code shall be legally
described in a map entitled City of Milton Fire District.
Maps, which shall be approved by the city council and maintained in the office of the city
clerk, for inspection by the public.
Section 4: Modi mcations
The fire chief or fire marshal shall have power to modify any of the provisions of the fire
prevention code upon application in writing by the owner or lessee, or a duly authorized agent,
when there are serious difficulties in carrying out the strict letter of the code, provided that the
spirit of the code shall be observed, public safety secured, and substantial justice done. The
"'"'" particulars of such modification, when granted or allowed, and the decision of the fire chief or
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fire marshal thereon shall be entered upon the records of the fire department and a signed copy
shall be furnished to the applicant.
Section S: Appeals
a. Any person aggrieved by an action of the fire chief, the fire marshal or other city
official or employee of the City of Milton fire department, including but not limited
to disapproval of an application, refusal to grant a permit, a determination that the fire
code or city ordinances does not apply or has been misconstrued, but excluding those
actions or violations which are within the purview of the state fire marshal or code
violations which are subject to the jurisdiction of municipal, state or federal court,
may appeal and be heard by the city board of appeals for construction.
b. All appeals, pursuant to this section, must be filed in writing with the City of Milton
public works department within 30 days from the date of the decision or action from
which the aggrieved party appeals. All appeals must be filed on forms which can be
obtained at the City of Milton public works department.
c. Any person aggrieved by an action of the city board of appeals for construction may
appeal within 30 days to the Superior Court of Fulton County, Georgia by writ of
P"M certiorari.
Section 6: New Materials, processes or occupancies which may require permits
The City Manager, the fire chief and the fire marshal shall act as a committee to
determine and specify, after giving affected persons an opportunity to be heard, any new
materials, processes or occupancies, which shall require permits in addition to those now
enumerated in the fire prevention code. The fire chief shall post the list, if any, in a conspicuous
place in his or her office, and distribute copies thereof to interested persons. The list shall be a
rule and regulation of the fire department and shall be adopted by the mayor and city council and
become effective upon approval, unless otherwise specified.
Section 7: Penalties
a. Any person who shall violate any of the provisions of the fire prevention and
protection code or fail to comply therewith or who shall violate or fail to comply with
any order made thereunder or who shall build in violation of any detailed statements,
specifications, plans submitted and approved thereunder or any certificate or permit
issued thereunder and from which no appeal has been taken within the time affixed
herein may be prosecuted for violations by the city after the person has been issued a
'°""' citation by a duly authorized officer of the fire department of the City of Milton or an
WAVO authorized law enforcement officer of the police department of the City of Milton.
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pow Upon conviction, the person shall be punished by a fine or imprisonment in
accordance with Section 11-4-080 of the City Code, as now or hereafter amended.
The imposition of one penalty for any violation shall not excuse the violation or
permit it to continue, and all such persons shall be required to correct or remedy the
violations or defects within 30 days. Each day's continuing violation shall be treated
as a separate offense.
b. In addition to all other provisions of this section, any violation of this chapter is
deemed to be a continuing nuisance and may be abated by an application of
injunction in the Superior Court of Fulton County or any other court of competent
jurisdiction.
Section 8: Authority at fires.
a. The fire chief or fire officers under his or her direction shall have full control over all
fire apparatus of the fire department in service at any fire. It shall be the duty of the
fire chief or his or her designee to superintend the fire department while performing
any public duty in fighting a fire; to give general and specific directions as to the
manner of fighting fires, the use of hose and apparatus, and the specific duties and
assignments of the various members of the fire department in attendance at a fire.
The fire chief may immediately suspend any member of the fire department for
insubordination at any fire.
b. Officers of the fire department, when at the scene of a fire, may direct or assist the
city police department in directing traffic in the immediate vicinity.
Section 9: Obstruction of or tamperinm with fire hydrants and apparatus prohibited
a. It is unlawful for any person to place ashes, cinders, dirt, rubbish, building material or
any other material around or in close proximity to any fire hydrant so as to cause
hindrance or delay in access thereto, or prevent the free use thereof by the fire
department. No person shall, in any way, interfere with or tamper with any fire
hydrant or attempt to take water therefrom without special authority from the fire
chief or his or her designee. Any person who violates this section shall upon
conviction be punished in accordance with Section 11-4-080 of this Code, as now or
hereafter amended.
b. Without the consent of the fire chief, no person not an active member of the fire
department shall at any time ride upon any of the fire apparatus of the fire
department, nor shall any person make use of any fire apparatus, hose, or other
equipment of the fire department, other than for the purpose for which the equipment
was intended, without the consent of the fire chief.
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Section 10: Certain acts interfering_ with firefighting activities.
No person, except an active member of the fire department, shall at any time, enter within
"" the territory or vicinity of any fire, when the area is roped off or access is denied by the city
police, or interfere with or attempt to operate any of the apparatus or equipment of the fire
department or any fire hydrant, or interfere by giving orders to any individual, unless requested
to do so by the fire chief or fire officers under his or her direction; provided, however, that the
mayor or any member of the council; any police officer or other law enforcement officer; the
owner or occupant of the property, and the city manager or any other persons as may be
specifically authorized by the fire chief or his or her designate, may enter the restricted areas.
Section 12: Open burning.
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Open burning is prohibited, with certain exemptions, in the city, as set forth in Chapter
12, Article 5, Section 3. The provisions of Section 391-3-1.02(5) of the regulations promulgated
by the Georgia Environmental Protection Department under the Georgia Air Quality Act, as
amended from time to time are adopted and incorporated herein by reference. A copy of said
regulation shall be kept on file by the city clerk for inspection by the public.
Section 13: Postiniof addresses.
a. All owners and occupants of improved real property lying within the city are required
to post the address of such real property owned or occupied by them with the street
address assigned to such property by the City of Milton, in such manner that said
address is clearly visible and legible from the street on which the improvement on
such property fronts. The obligation hereby imposed shall be the joint duty of all
owners and occupants of improved real property lying within the city who are over 18
years of ago.
b. All owners of apartment complexes lying within the city are required to post the
building identified for each apartment building within the complex, whether the
identifier be a number or letter or a combination thereof, in such manner that said
building identifier is clearly visible and legible from the street or private drive on
which each building fronts. The identifier for each building within apartment
complexes lying within the city will be a minimum of one foot in height, will contrast
with the building itself so as to be highly visible, will be reflective so as to be seen
easily in darkness and will not be obstructed at any time by natural or man-made
objects. All owners of apartment complexes lying within the city will have a grace
period of six months from the effective date of this subsection to come into
compliance.
c. All persons who violate this section shall be subject to a fine in an amount set by
resolution of the City Council. If the person does not remedy the violation, every 30
days shall be deemed a separate offense.
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Section 14: Sprinkler protection required
a. As used in this section, the following terms shall have the meanings set forth herein:
1. "Commercial" refers to a business involved in the exchange of services,
productions, or property of any kind; the buying, selling and exchange of
articles.
2. "Multifamily residential structures" refers to a structure with a maximum
of four stories in height, except duplex and free standing single family
residences. A story is defined as that portion of a building included
between the upper surface of the floor and the upper surface of the floor or
roof next above.
3. "New," for the purposes of this section, shall include any additions to
existing buildings, whether vertically or horizontally, or any existing
building or structure which shall be deemed to be a new building in the
event such building or structure is subject to substantial renovation or a
fire or other hazard of serious consequence. For purposes of this
subsection, the term "substantial renovation" shall mean any construction
project involving exits or internal features of such building or structure
costing more than the building's or structure's gross assessed value
according to county tax records at the time of such renovation.
4. "Approved system-commercial/residential," for commercial buildings
over 5,000 square feet, or residential structures, or those structures
required to be sprinkled by some other code, means a sprinkler system
designed in accordance with National Fire Protection Association
Standards and referenced publications.
5. Approved system -commercial areas less than 5,000 square feet, for light
hazard areas, i.e. offices and shipping areas, of commercial buildings less
than 5,000 square feet a modified sprinkler system may be used. This
system may be used upon appeal to the fire marshal's office by the owner
of the building.
6. "Modified sprinkler system" is a combination sprinkler system operating
off the domestic water supply designed in accordance with specifications
on file in the fire marshal's office.
b. All new commercial buildings shall be protected throughout with an approved
automatic fire protection system.
1. For buildings less than 15,000 square feet constructed mainly for the
storage of products with limited life loss potential some flexibility may be
allowed. The owner may petition to the fire marshal for exception to
sprinklers in the storage areas. The fire marshal will give consideration to
such things as building construction, products stored, arrangement of
storage, number of employees in the area, access to the building, and any
other fire protection features provided. This exception will not be allowed
for additions to existing sprinkled buildings.
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"^' For buildings storing materials that are water reactive or may be damaged
by water fighting a fire, than by a fire, the fire marshal's office shall use
the same considerations.
2. Additions to existing unprotected buildings where the addition totals
less than 1,000 square feet; provided, however, the addition must be
separated by fire rated construction in accordance with the City of Milton
Building Code and is not required to be protected by some other
applicable code.
c. All new multifamily residential structures shall be protected throughout with an
approved automatic fire protection system.
d. All new one -family and two-family dwellings built closer than 20 feet from another
structure or closer than ten feet to the property line must be sprinkled with an
approved system.
e. There shall be early fire detection systems in all sections of multifamily occupancies.
Existing buildings may have an approved battery operated smoke detector. The
bureau of fire prevention may require a hard -wire detection system if battery operated
detectors are not maintained according to manufacturer's recommendation.
f. The owner is responsible for the inspection and testing of the sprinkler system in
accordance with the rules of the Georgia Safety Fire Commissioner.
g. If this code section in any way conflicts with the provisions in the Standard Building
Code, the Fire Prevention Code, or the Life Safety Code, the more restrictive shall
apply.
Section 15: Application of building and fire related codes to existing buildings
a. O.C.G.A. § 8-2-200 et seq., and all subsequent amendments thereto, is adopted and
incorporated by reference and shall be controlling in the corporate limits of the city. A copy will
be on file in the office of the city clerk for inspection by the public.
b. Any other provision(s) of the city Code of Ordinances which does not adopt state law by
reference and which is more restrictive than the rules of the Georgia Safety Fire Commissioner
shall be controlling over the rules of the Georgia Safety Fire Commissioner.
C. All amendments, deletions, additions or supplements to O.C.G.A. § 8-2-200 et seq. may
be adopted by an ordinance of council, and thereby incorporated herein; provided, that any
changes in the standard text shall be made available to the public for inspection in the office of
'"'" the city clerk.
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Section 16: Key lockbox system for commercial residential and other locations with restricted
access through locked gates.
a. The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the Fire Marshal:
1. commercial or industrial gated structures that are secured in a
manner that restricts access during an emergency;
2. multi -family residential structures that have restricted access
through locked gates;
3. governmental structures and nursing care facilities with gated
entrances.
b. All newly constructed structures, communities, or complexes subject to this
section shall have the key lock box installed and operational prior to the issuance
of an occupancy permit. All structures, communities, or complexes in existence
on the effective date of this section and subject to this section shall have one year
from the effective date of this section to have a key lock box installed and
operational.
C. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all structures
to use the designated system.
d. The owner or operator of a structure, community, or complex required to have a
key lock box shall, at all times, keep a key in the lock box, or maintain the
operation of the box at all times.
e. The Fire Marshal shall be authorized to implement rules and regulations for the
use of the lock box system.
f. Any person who owns or operates a structure, community, or complex subject to
this section shall be subject to the penalties set forth in all sections of this code for
any violation of this section, provided that the maximum fine for a conviction for
a violation of this section shall be $1,000.00.
g. All requests for the designated key lock box system shall be coordinated through
the Fire Marshal and get approval for the location of the box on each site.
h. This Ordinance shall take effect immediately upon its passage.
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Section 17: Key lockbox system for certain buildings as designated by the Fire Marshal
a. The following structures shall be equipped with a key lock box at or near the main
entrance or such other location required by the Fire Marshal:
1. commercial or industrial structures protected by an automatic
alarm system or automatic suppression system, or such structures
that are secured in a manner that restricts access during an
emergency;
2. multi -family residential structures that have restricted access
through locked doors and have a common corridor for access to the
living units;
3. governmental structures and nursing care facilities.
b. All newly constructed structures subject to this section shall have the key lock
box installed and operational prior to the issuance of an occupancy permit. All
structures in existence on the effective date of this section and subject to this
section shall have one year from the effective date of this section to have a key
lock box installed and operational.
C. The Fire Marshal shall designate the type of key lock box system to be
implemented within the city and shall have the authority to require all structures
to use the designated system.
d. The owner or operator of a structure required to have a key lock
box shall, at all times, keep a key in the lock box that will allow for access to the
structure.
f. The Fire Marshal shall be authorized to implement rules and regulations for the
use of the lock box system.
g. Any person who owns or operates a structure subject to this section shall be
subject to the penalties set forth in all sections of this code for any violation of
this section, provided that the maximum fine for a conviction for a violation of
this section shall be $1,000.00.
h. All requests for the designated key lock box system shall be coordinated through
the Fire Marshal and get approval for the location of the box on each site.
g. This Ordinance shall take effect immediately upon its passage.
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Article 4. Fire Lanes
Section]: Purpose and Scope.
It is the declared purpose of this article to provide for the designation and identification
of the lanes; for the manner, method and language for the posting of signs; to establish the
penalty for violation of this chapter; to identify and designate the persons who have authority to
enforce the chapter and the limits of such authority; to prohibit parking in fire lanes; to provide
for the method of submitting properties to this chapter; to repeal all ordinances in conflict
herewith; and for other purposes.
Section 2: Definitions.
The words used in this chapter shall have their normal accepted meanings except as set
forth below:
A. "Authorized emergency vehicle" means a motor vehicle belonging to a public
utility corporation and designated as an emergency vehicle by the department of
public safety; a motor vehicle belonging to a fire department or a certified private
vehicle belonging to a volunteer fireman or a firefighting association, partnership,
or corporation; an ambulance; or a motor vehicle belonging to a federal, state, or
local law enforcement agency, provided such vehicle is in use as an emergency
vehicle by one authorized to use it for that purpose.
B. "Enforcement officer(s)' shall refer to any duly authorized law enforcement
officer employed by the city.
C. "Fire lane(s)" are areas designated by the fire official providing access for fire
department vehicles to buildings, fire department connections and fire hydrants.
This includes all alleys, driveways or lanes, devoted to public use, where the
parking of motor vehicles or other obstructions can interfere with the ingress or
egress of fire department vehicles for the protection of persons and properties
including, but not limited to, shopping centers, theaters, hospitals, bowling lanes,
churches, multi -family housing, and high-rise buildings.
D. "Fire official" means the fire officer or other designated authority, or their duly
authorized representative, charged with the administration and enforcement of the
fire prevention code.
E. "Master plats" means all original plats drawn in accordance with this chapter; all
copies distributed shall be from this original drawing.
F. "New building(s)" means any commercial structure or public facility whose
certificate of occupancy was issued after the effective date of Ordinance No.
4782.
G. "Plats" shall refer to maps created by the building owner and approved by the fire
marshal which depict the location and boundaries of land and all existing fire
lanes in accordance with this chapter. Such maps shall be drawn to scale.
H. "Property owner(s)" shall refer to each person, firm, corporation, or entity
possessing any estate, or leasehold right in the property being designated as fire
lane(s).
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"Ticket" shall mean an order issued out of court by an enforcement officer of the
city directing a violator of this chapter to comply with all civil fines as set forth.
Section 3: Identification.
A. Every existing building and all new buildings shall be accessible to fire department
apparatus by way of designated fire lanes with an all-weather driving surface of not
less than 20 feet of unobstructed width. There shall be a minimum roadway turning
radius of 35 feet. There shall be a minimum vertical clearance of 13 feet, six inches.
The minimum hard surface subbase paving specification shall be at least one and one-
half inches of asphalted topping on at least six inches of bound crushed stone, or the
equivalent, capable of supporting the gross vehicle weight of fire apparatus. During
construction, when combustibles are brought onto the site in such quantities as
deemed hazardous by the fire official, access roads and a suitable temporary supply of
water acceptable to the fire department shall be provided and maintained.
a. Where fire protection systems approved by the fire official are provided, the
above required clearances may be modified by the fire official.
b. The fire official shall have the authority to require an increase in the minimum
access widths where they are inadequate for fire or rescue operations.
c. The creation, deletion, or modification of a fire lane shall be done in the best
professional judgment of the fire official.
B. Any owner of a building aggrieved by the decision of the fire official under this
section may appeal from the decision of the fire official to the city manager within 30
days from the date of the fire official's decision. All appeals to the city manager shall
be in writing setting forth the reasons for the appeal. The city manager shall issue a
written decision to the owner within 30 days from the receipt of the written appeal
from the owner.
C. The areas designated as fire lanes shall have signs posted meeting the following
criteria:
1. Sings to read "No Parking Fire Lane."
2. Letters shall not be less than two inches in height.
3. One sign shall be posted at the beginning of the fire lane and one at the end of
the fire lane; each sign shall be erected not more than 50 feet apart.
4. Signs posted shall not be more than four feet from the edge of the curb and
shall be visible from both direction of the driving surface.
D. The fire official may order curbs to be painted yellow or other distinctive colors.
Section 4: Approval: subsequent maintenance.
All fire lanes shall be approved by the fire official pursuant to these regulations, and
thereafter these fire lanes shall be maintained by the property owner. Designated fire lanes or
roads deemed necessary for fire department access by the fire official shall be maintained in a
passable condition.
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A. Private property owners or their representatives shall be responsible for keeping
all fire lanes on their property free from obstructions.
B. Public property owners, the City of Milton, or their representatives shall be
responsible for keeping all fire lanes within the city's jurisdiction free of
obstructions.
Section S: Erection ofsigns.
No person or property owner shall place, erect or maintain any sign for control of parking
or traffic which includes the words "Fire Lane" unless such location has been designated a fire
lane by the fire official. Any failure to meet the applicable requirements specified in Section 2-
10-030 of the Milton City Code shall be subject to a fine of $150.00 for each violation, provided,
however, that the fine will be waived if the required specifications are made within 14 days from
the date of citation. If that private or public property owner fails or refuses to meet said
requirements on his property within such 14 days he shall, on the 15`" day after receiving the
citation, be subject to the $150.00 fine for each violation and an additional $10.00 fine for each
violation for each day that the owner fails to comply with the provisions of this section until the
area is properly designated and constructed. Each additional day shall be construed as an
additional violation. All fines assessed under this section shall be paid into the treasury of the
city.
Section 6: Violations.
No person shall park any motor vehicle, including a motorcycle, in a fire lane; provided,
however, this section shall not apply to the parking of an authorized emergency vehicle on
official business.
A. Enforcement of this section shall be through a civil action in municipal court by
the issuance of a ticket which shall be either left with the vehicle or delivered to
the person in possession thereof. For purposes of such civil action, it shall be
presumed that the registered owner of said vehicle is in control or possession
thereof.
1. The first violation of parking in a fire lane within any 30 -day period shall
be punished by a $25.00 civil fine; provided, however, the second
violation within any 30 -day period shall be punishable by a civil fine of
$40.00; and a civil fine of $50.00 may be levied for each violation
thereafter occurring within any 30 -day period.
2. The person receiving a ticket for violation of this section may pay the civil
fine(s) by return mail to the municipal court of the city or his designated
receiver within 48 hours of the issuance of the ticket or may request a
hearing within 48 hours to contest the issuance of the ticket. In the event
the civil fine is not paid within 48 hours, the municipal court may issue a
citation for contempt requiring the offender to show cause why he failed to
pay the fine within the time frame allowed by this section. Upon
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conviction thereof, the municipal court may impose a fine as provided by
law.
Now B. Upon any person to whom a ticket has been issued under this section, a uniform
traffic citation may be obtained with a hearing date thereon from the police officer
or uniformed fire inspector whereupon it shall be returnable to the municipal
court.
Violation of this section shall be enforced through a civil action. The burden of proof
shall be on the city. The standard of proof shall be by a preponderance of the evidence;
provided, however, the aforementioned presumption in subsection (A) of this section
shall apply.
Section 7: Enforcement Authority.
A duly authorized law enforcement officer employed by the city and uniformed fire
inspectors shall have the authority for enforcement of fire lanes.
Section 8: Emergency Authority
In addition to all powers authorized by state law, as amended, in the event of any fire,
rpm explosion, bomb threat, or similar emergency, the fire department in the city shall be authorized
to prevent the blocking of any public or private street, road or alley, way or driveway, or
%No emergency lane, during any such emergency or remove any vehicles or obstructions necessary.
The officers, members, agents or employees of the fire department of the city shall not be liable
at law for any act or acts done while actually fighting a fire or performing duties at the scene of
an emergency.
Section 9: Liabilitg for enforcement of article pertaining to maintenance and clearin
The City of Milton assumes no liability for any damages, injuries, or deaths resulting
from enforcement or lack of enforcement of the laws pertaining to maintenance and clearing of
the fire lanes. The City has the authority to issue individual tickets or citations for fire lane
violations, but the property owner has the ultimate responsibility to clear the fire lanes.
Section 10: En orceabiliU o�properlyplaced signs
The disregard or disobedience of the instruction of any sign placed in accordance with the
provisions of this chapter by the driver of a vehicle shall be deemed prima facie evidence of a
violation of law, without requiring proof by whom and by what authority such sign has been
erected.
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Section 11: Petition requesting application of chapter to properties
Properties may become subject tot his chapter by submitting a petition from the property
" owner or fully authorized agent of the property owner requesting this chapter to apply. The
petition shall be submitted to the fire official and, upon approval, the property shall become
subject to this chapter and its subsequent revisions.
Section 12: Descriptions for fire official.
Property which falls within the jurisdiction of the City of Milton shall have all fire
delineations visually depicted on a plat. These plats shall be designed by the owner and
submitted to the City of Milton Fire Department and copies shall be maintained with the city
clerk. Each visual depiction shall identify all building exterior walls, traffic and parking lanes,
and sidewalks. The area(s) to be designated as fire lane(s) shall be delineated in red ink. The
plat shall state a scale of measurement and shall be on paper or a series of pages of 8 %z by 11
inches. The plat identification shall specify the name of the property, a brief legal description of
the property, and the length and width of the fire lane(s), as approved by the fire official, with
whom all master plats will be filed.
Article 5: Police Department.
Section 1: Composition and Purpose
The police department shall be composed of the chief of police and any police officers or
other employees as may be necessary. Its purpose is to enforce City of Milton ordinances, and
county, state and federal law within its jurisdiction so as to maintain the peace, good order and
tranquility of the city. Enforcement powers shall include the arrest and prosecution for any
violation of such laws. The police department may be assisted by others as may be authorized by
mayor and council, or as provided in any duly executed intergovernmental contract or mutual aid
agreement.
Section 2: Chief of Police; Acting Chief
Under the general direction of the city manager, the chief of police will direct the
administration and operation of all services of the City of Milton police department and shall
establish the policies, directives, rules and regulations for the administration and operations of
the department. The chief is the executive officer of the department and shall ensure that all
laws, both state and federal, ordinances and regulations are enforced and that life and property
are protected. The chief shall monitor the daily functions of all divisions including
Administration, Uniform Patrol, Criminal Investigation, and Support Services. His/her
responsibilities shall include overseeing accreditation and training, supervising operations, and
reviewing decisions related to hiring, disciplining, and evaluation of department personnel.
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In the chief s absence from the city or when for any reason the chief of police is unable to
attend to the duties of his office, he shall designate a person to be acting chief and such
designated person shall assume the duties of the chief of police for such designated time.
r■.
Section 3: Oversight by Public Safety Committee.
The Public Safety Committee shall oversee the operation of the Police Department. The
Police Chief shall serve as a liaison to such Committee and make periodic reports as requested.
Section 4: Operations Manual.
The Police Department shall be operated in accordance with The Milton Police
Department Employee Manual, adopted , as amended from time to time. The Milton
Police Department Employee Manual as amended is hereby incorporated herein by reference.
Section S: Patrol Powers.
(a) The police officers of the city shall have the authority to patrol over any street, alley,
path sidewalk, or park in and around any stores, cafes, taverns restaurants, dance halls,
service stations or any other establishment in the city.
(b) An officer while on duty for the city shall have authority to enter any type of business
while open to the public and check to see if everything is being carried on in a lawful
manner. After business hours and while closed to the public, an officer for the city has
authority to check places of business, to see if the doors and windows are safely locked.
(c) An officer for the city shall have the authority to check and investigate, enter and patrol
any park, business, residence or public place within the city limits if the officer has
probable cause or sufficient reason to believe some act is being committed which would
involve the violation of a law or a city ordinance; a personal injury or damage to property;
or if any of the above appear to be imminent.
(d) No police officer shall enter a private dwelling without a search or arrest warrant
unless he has the voluntary consent of the owner or occupant or he is in pursuit of a
fugitive who the officer has personal knowledge or probable cause to believe has
committed or attempted to commit a felony.
Section 6: Compensation for Testi Being.
Any law enforcement officer subpoenaed by the Municipal Court of the City of Milton
will be entitled to compensation from the City of Milton for his or her appearance at a court
session when such officer attends in an off-duty status.
Section 7: Abuse of Position.
( a) No police officer shall use his official position or official identification cards or
badges:
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(1) for personal or financial gain;
(2) for obtaining privileges not otherwise available to the officer except in the performance
of duty; or
(3) for avoiding consequences of illegal acts.
(b) Police officers may not lend their identification cards or badges to another person,
or permit them to be photographed or reproduced without the approval of the chief.
Section 8: Endorsements and Referrals
Police officers shall not recommend or suggest in any manner, except in the transaction of
personal business, the employment or procurement of a particular product, professional service
or commercial service such as an attorney, ambulance, towing service, bondsman, mortician or
the like. In the case of ambulance or towing service, when such service is necessary and the
person needing the services is unable or unwilling to procure it or requests assistance, officers
shall proceed in accordance with established departmental procedures.
EFFECTIVE DATE
This ordinance shall become effective upon adoption and approval by the City Council
of the City of Milton, Georgia.
SEVERABILITY
Should any section or provision of this ordinance be declared by a court of competent
jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of the
ordinance as a whole nor any part thereof other than the part so declared to be invalid or
unconstitutional. All ordinances or resolutions, or parts thereof, in conflict with this ordinance
are repealed.
ORDAINED by the City Council of the City of Milton, Georgia, this 2"d day of
June, 2008.
Attest:
ean6tte R. Marchiafava, City Cle
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JOE KWOOD
Mayor & Presiding Officer
City Council
City of