THE CODE OF ORDINANCES CITY OF FLOWERY BRANCH, GEORGIA
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Published in 2010 by Order of the City Council
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OFFICIALS
of the
CITY OF
FLOWERY BRANCH, GEORGIA
AT THE TIME OF THIS CODIFICATION
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Diane Hirling
Mayor
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Tara Richards
Mike Miller
Kris Yardley
Chris Fetterman
Craig Lutz
City Council
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Bill Andrew
City Manager
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James Riker
City Planner
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Ron Bennett
City Attorney
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Melissa McCain
City Clerk
PREFACE
This Code constitutes a codification of the general and permanent ordinances of the City of Flowery Branch, Georgia.
Source materials used in the preparation of the Code were the ordinances adopted by the City Council through Ordinance No. 424, adopted August 19, 2009. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
CHARTER CHT:1 RELATED LAWS RL:1 SPECIAL ACTS SA:1 CHARTER COMPARATIVE TABLE CHTCT:1 RELATED LAWS COMPARATIVE TABLE RLCT:1 SPECIAL ACTS COMPARATIVE TABLE SACT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 CHARTER INDEX CHTi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up to date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up to date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Jim Jenkins, Code Attorney, and Howard George, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Melissa McCain, City Clerk, for her cooperation and assistance during the progress of the work on this publication. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the city readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.
ADOPTING ORDINANCE
ORDINANCE NO. 431
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CODE OF THE CITY OF FLOWERY BRANCH, GEORGIA; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE; PROVIDING FOR AN AMENDMENT TO CHAPTER 20, BUSINESSES, ARTICLE III. REGISTRATIONAND OCCUPATIONAL TAX; PROVIDING FOR AN AMENDMENT TO CHAPTER 32, LAW ENFORCEMENT, ARTICLE II, POLICE DEPARTMENT; AND PROVIDING WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FLOWERY BRANCH, GEORGIA:
Section 1. The Code entitled "The Code of the City of Flowery Branch, Georgia," published by Municipal Code Corporation, consisting of chapters 1 through 50, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before August 19, 2009, and not included in the Code or recognized and continued in force by reference therein, are repealed.
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $1000.00 or imprisonment for 6 months or both such fine and imprisonment or may fix punishment by fine, imprisonment or alternative sentencing as now, or hereafter provided by law. Each act of violation and each day upon which any such violation shall continue or occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the City may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the City to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after August 19, 2009 that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 7. There is added to the Code § 32-23 to be entitled "Positions of the department," which shall read as follows:
The Police Department of the City of Flowery Branch, Georgia is authorized to have the positions of employment as provided hereinafter in this section. The positions of employment of the Police Department of the City of Flowery Branch, Georgia are as follows:
(a)
Chief of Police. The Chief of Police for the Police Department of the City of Flowery Branch, Georgia shall be responsible for administrating and supervising the Police Department and its police officers. The Police Chief's duties may be further defined by the City Manager.
(b)
Officer Next in the Chain of Command. This officer shall be next in the chain of command of the Police Department of the City of Flowery Branch, Georgia and shall perform the duties of the Chief of Police when the Chief of Police is unavailable for any reason or incapable for any reason of performing the Chief's duties. This officer shall hold the rank assigned to the officer by the Police Chief, in the Chief's discretion, and may be any rank including but not limited to Assistant Chief of Police, Police Captain, Police Lieutenant, or Police Sergeant. This officer shall also perform such administrative duties as assigned to him by the Chief of Police and/or the City Manager, or the Mayor, or the City Council (following the Chain of Command established by proper administrative policy), or any combination thereof.
(c)
Police Officers. The Police Department of the City of Flowery Branch, Georgia shall also have two or more police officers (the exact number of which shall be set by the City Manager (in consultation with the Police Chief) and who shall be held to the standards set forth in O.C.G.A. § 35-8-8, et seq. The police officer's general duties include:
(1)
Acting to prevent, detect and investigate violations of the criminal laws of Georgia and violations of the ordinances of the City committed within the City and apprehend and arrest those persons who violate such criminal laws and ordinances; patrol the public roads and highways of the City, and to safeguard the lives and property of the citizens of the City; conduct accident investigation and traffic enforcement; to serve and execute warrants; to apprehend and arrest any person who is a fugitive from justice; and to suppress riots and maintain public order within the City;
(2)
Acting as an active peace officer having the powers of arrest, and participating in the law enforcement duties required of police officers of the Police Department of the City of Flowery Branch, Georgia, including but not limited to the patrolling of the City, investigation of crimes, protection of the citizens and property of the City; interviewing of witnesses; participation in the prosecution of alleged perpetrators of criminal offenses; and the related duties of being an active peace officer held to the standards set forth in O.C.G.A. § 35-8-8, et seq.;
(3)
Following policies set by the Police Chief and/or the City Manager regarding the administration of the Police Department.
(4)
Any other law enforcement duty as set by the police chief and/or the City Manager.
(d)
Other Personnel. The Police Department of the City of Flowery Branch shall have one or more civilian clerical/ support staff (the exact number of which shall be set by the City Manager in consultation with the police chief). Clerical/support staff shall follow policies set by the Police Chief and/or the City Manager regarding the administration of the Police Department.
Section 8. Code § 20-57 (a)(1) is deleted in its entirety and replaced with the following:
(a)
On any new profession, trade or calling begun in the city:
(1)
The occupation tax is due within 30 days of June 1 of each year or within 30 days following commencement of a new business whichever first occurs.
Section 9. This ordinance shall become effective March 4, 2010.
Passed and adopted by the City Council this 4th day of March, 2010.
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Diane C. Hirling, MayorATTEST:
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Melissa McCain, City ClerkApproved as to form:
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E. Ronald Bennett, Jr., City Attorney