CODE OF ORDINANCES City of SENOIA, GEORGIA Codified ...

Preliminaries 

Published by Municipal Code Corporation 

Tallahassee, Florida 1995 

CODE OF ORDINANCES 

City of 

SENOIA, GEORGIA 

Codified through 

Ord. No. 05-11, enacted July 18, 2005. 

(Supplement No. 8) 

CODE OF ORDINANCES 

CITY OF 


________ 

Published by Order of the City Council 

________ 

Adopted August 7, 1995 

________ 

OFFICIALS 

of the 

CITY OF 


AT THE TIME OF THIS CODIFICATION 

________ 

Lester H. Mann, Jr. 

Mayor 

________ 

Robert Hannah 

Bobbie Blandburg 

Charles M. Wells, Jr. 

Kathy Goodell

City Council 

________ 

James R. Fortune, Jr. 

City Attorney 

________ 

Betty J. Cookman 

City Clerk 

PREFACE 

This Code constitutes a complete recodification of the general and permanent ordinances of the 

City of Senoia, Georgia. 

Source materials used in the preparation of the Code were the 1980 Code and ordinances 

subsequently adopted by the city council. 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 section of the 1980 Code and any 

subsequent 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: 

TABLE INSET:

CHARTER CHT:1 

RELATED LAWS RL:1 

CHARTER COMPARATIVE TABLE CHTCT:1 

RELATED LAWS COMPARATIVE TABLE RLCT: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 

Index 

The index has 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 index itself 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 Milton E. Lefkoff, Supervising Editor, and 

Laura Johnson, 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 Ms. Betty J. Cookman, City Clerk, and Mr. James R. Fortune, 

Jr., City Attorney, for their cooperation and assistance during the progress of the work on this 

publication. It is hoped that their 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. 

Copyright 

All editorial enhancements of this Code are copyrighted by Municipal Code Corporation. 

Editorial enhancements include, but are not limited to: organization; table of contents; section 

catchlines; prechapter section analyses; editor's notes; cross references; state law references; 

numbering system; code comparative table; state law reference table; and index. Such material may

not be used or reproduced for commercial purposes without the express written consent of 

Municipal Code Corporation. 

TABLE INSET: 

MUNICIPAL CODE CORPORATION 

Tallahassee, Florida 

ADOPTING ORDINANCE 

An Ordinance Adopting and Enacting a New Code for the City of Senoia, 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; and Providing When Such Code 

and This Ordinance Shall Become Effective. 

Be it Ordained by the City Council of the City of Senoia: 

Section 1. The Code entitled "Code of Ordinances, City of Senoia, Georgia," published by 

Municipal Code Corporation, consisting of Chapters 1 through 74, each inclusive, is adopted. 

Section 2. All ordinances of a general and permanent nature enacted on or before January 3, 

1995, 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 shall be subject to the maximum punishment specified by 

general law, including the maximums specified in O.C.G.A. § 36-35-6(a)(2)(B) and (a)(2)(C). Each act 

of violation and each day upon which any such violation shall occur shall constitute a separate offense. 

The penalty provided by this section, unless another penalty is expressly provided, shall apply to the 

amendment of anyCode 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 the form as to indicate the 

intention of the city council 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 January 3, 1995, 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. 

Passed and Adopted by the city council this 7th day of August, 1995. 

______________________________ 

Attest: Betty J. Cookman, 

City Clerk 

Certificate of Adoption 

______________________________ 

Lester H. Mann, Jr., Mayor 

I hereby certify that the foregoing is a true copy of the ordinance passed at the regular meeting

of the City Council of the City of Senoia, Georgia, held on the 7th day of August, 1995. 

http://library3.municode.com/mcc/DocView/12850/1/2 

______________________________ 

Betty J. Cookman, City Clerk 

2/8/2006

Chapter 1 GENERAL PROVISIONS* 

__________ 

*State law references: Local government, O.C.G.A. tit. 36. 

__________ 

Sec. 1-1. How Code designated and cited. 

Sec. 1-2. Definitions and rules of construction. 

Sec. 1-3. Catchlines of sections. 

Sec. 1-4. Severability of parts of Code. 

Sec. 1-5. General penalty; continuing violations. 

Sec. 1-6. Amendments to Code; effect of new ordinances; amendatory language. 

Sec. 1-7. Supplementation of Code. 

Sec. 1-8. History notes and reference matter. 

Sec. 1-9. Altering Code. 

Sec. 1-10. Miscellaneous actions and ordinances not affected by Code. 

Sec. 1-11. Effect of repeal of ordinances. 

Sec. 1-1. How Code designated and cited. 

The ordinances embraced in the following chapters and sections shall constitute and be 

designated "Code of Ordinances, City of Senoia, Georgia," and may be so cited. 

(Code 1980, § 1-1-1) 

Sec. 1-2. Definitions and rules of construction. 

In the construction of this Code and of all ordinances, the following rules shall be observed, 

unless such construction would be inconsistent with the manifest intent of the mayor and council: 

City. The words "the city" or "this city" shall be construed as if the words "of Senoia" followed. 

Code. Whenever the term "Code" or "this Code" is referred to without further qualification, it 

shall mean the Code of Ordinances, City of Senoia, Georgia, as designated in section 1-1. 

Computation of time. When a number of days is prescribed for the exercise of any privilege, or 

the discharge of any duty, only the first or last day shall be counted; and if the last day shall fall on 

Saturday or Sunday, the person having that privilege or duty shall have through the following Monday 

to exercise that privilege or to discharge the duty. 

Council or city council. The words "council" or "city council" shall mean the council of the City of 

Senoia. 

County. The words "the county" or "this county" shall mean the County of Coweta. 

Gender. A word importing the masculine gender only shall extend and be applied to females 

and to firms, partnerships and corporations as well as to males. 

Interpretation. In the interpretation and application of any provision of this Code, it shall be held 

to be the minimum requirements adopted for the promotion of the public health, safety, comfort, 

convenience and general welfare. Where any provision of this Code imposes greater restrictions upon 

the subject matter than the general provision imposed by this Code, the provision imposing the greater 

restriction or regulation shall be deemed to be controlling. 

Joint authority. All words giving a joint authority to three or more persons or officers shall be 

construed as giving that authority to a majority of those persons or officers.

Keeper and proprietor. The words "keeper" and "proprietor" shall mean and include persons, 

firms, associations, corporations, clubs and copartnerships, whether acting by themselves or as a 

servant, agent or employee. 

Limits or corporation. The words "limits" or "corporation" shall mean the corporate limits (legal 

boundary) of the city. 

Month. The word "month" shall mean a calendar month. 

Municipality. Wherever the word "municipality" appears in this Code, it shall mean the City of 

Senoia, Georgia. 

Nontechnical and technical words. Words and phrases shall be construed according to the 

common and approved usage of the language; but technical words and phrases and any others as may 

have acquired a peculiar and appropriate meaning in law shall be construed and understood according 

to that meaning. 

Number. A word importing the singular number only may extend and be applied to several 

persons and things as well as to one person or thing. A word importing the plural number only may 

extend and be applied to one person or thing as well as to several persons and things. 

Oath. The word "oath" includes an affirmation. When an oath is required or authorized by law, 

an affirmation in lieu thereof may be taken. An affirmation has the same force and effect as an oath. 

O.C.G.A. The abbreviation "O.C.G.A." shall mean the Official Code of Georgia Annotated, as 

amended. 

Or, and. "Or" may be read "and" and "and" may be read "or" if the sense requires it. 

Owner. The word "owner," applied to a building or land, shall include any part owner, joint 

owner, tenant in common, tenant in partnership or joint tenant of the whole or of a part of such building 

or land. 

Person. The word "person" shall extend and be applied to associations, firms, partnerships and 

bodies politic and corporate as well as to individuals. 

Personal property. "Personal property" includes every species of property except real property, 

as defined in this section. 

Preceding, following. The words "preceding" and "following" mean next before and next after, 

respectively. 

Property. "Property" includes real, personal and mixed estates and interests. 

Public place. "Public place" shall mean any place including, but not limited to, buildings or 

conveyances to which the public has or is permitted to have access, including restaurants, soda 

fountains, hotel dining rooms, lobbies and corridors of hotels, and any highway, street, lane, park or 

place of public resort or amusement. 

Real property. "Real property" shall include lands, tenements and hereditaments. 

Shall; may. The word "shall" is mandatory; the word "may" is permissive. 

Sidewalk. The word "sidewalk" shall mean any portion of a street between the curbline and the 

adjacent property line, intended for the use of pedestrians, excluding parkways. 

Signature or subscription. "Signature" or "subscription" includes a mark when the person 

cannot write. 

State. The words "the state" or "this state" shall be construed to mean the State of Georgia. 

Street. The word "street" means the entire width between boundary lines of every way publicly 

maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

Tenant or occupant. The words "tenant" or "occupant," applied to a building or land, shall 

include any person holding a written or oral lease of, or who occupies the whole or a part of, that 

building or land, either alone or with others. 

Tense. Words used in the past or present tense include the future as well as the past and 

present. 

Title of officer, employee, department, board, commission, agency. Whenever the title of an 

officer, employee, department, board, commission or agency is given, it shall be construed as though 

the words "of the City of Senoia" were added. 

Week. The word "week" shall be construed to mean seven days. 

Written, in writing. "Written" or "in writing" shall be construed to include any representation of 

words, letters or figures, whether by printing or otherwise. 

Year. The word "year" shall mean a calendar year. 

(Code 1980, § 1-1-2) 

State law references: Construction of statutes generally, O.C.G.A. § 1-3-1 et seq. 

Sec. 1-3. Catchlines of sections. 

The catchlines of the several sections of this Code and other headings within such sections are 

intended as mere catchwords to indicate the contents of the section and shall not be deemed or taken 

to be titles of those sections nor as any part of the section, nor, unless expressly so provided, shall they 

be so deemed when any of such sections, including the catchlines, are amended or reenacted. 

(Code 1980, § 1-1-3) 

Sec. 1-4. Severability of parts of Code. 

It is hereby declared to be the intention of the mayor and council that the sections, paragraphs, 

sentences, clauses and phrases of this Code are severable, and if any phrase, clause, sentence, 

paragraph or section of this Code shall be declared unconstitutional or otherwise invalid by the valid 

judgment or decree of any court of competent jurisdiction, that unconstitutionality or other invalidity shall 

not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code, 

sincethe same would have been enacted by the mayor and council without the incorporation in this 

Code of any such unconstitutional or otherwise invalid phrase, clause, sentence, paragraph or section. 

(Code 1980, § 1-1-4) 

Sec. 1-5. General penalty; continuing violations. 

(a) Except when a different specific penalty appears in this Code or other ordinance provision, 

the municipal court of the city shall be authorized to impose any fine or punishment, for a 

violation of this Code or other ordinance provision, up to the maximums specified by general 

law, including the maximums specified in O.C.G.A. § 36-35-6(a)(2)(B) and (a)(2)(C). 

(b) The infliction of a penalty under the provisions of this section shall not prevent the 

revocation of any permit or license or the taking of other punitive or remedial action where called 

for or permitted under the provisions of the city's Charter or Code. 

(c) Every day during which a violation continues is a separate offense.

(Code 1980, § 1-1-5) 

Sec. 1-6. Amendments to Code; effect of new ordinances; amendatory language. 

(a) All ordinances passed subsequent to this Code which amend, repeal or in any way affect 

this Code may be numbered in accordance with the numbering system of this Code and printed 

for inclusion herein. Chapters, sections and subsections, or any part thereof, repealed by 

subsequent ordinances may be excluded from the Code by omission from reprinted pages 

affected thereby. Any and all additions and amendments to this Code, when passed in such 

form as to indicate the intention of the mayor and council to make such additions and 

amendments a part of this Code, shall be deemed to be incorporated herein, so that a reference 

to the Code shall be understood and intended to include such additions and amendments. 

(b) All sections, articles, chapters or provisions desired to be repealed shall be specifically 

repealed by section, article or chapter number, as the case may be. 

(Code 1980, § 1-1-6) 

Sec. 1-7. Supplementation of Code. 

(a) By contract or by city personnel, supplements to this Code shall be prepared and printed 

whenever authorized or directed by the mayor and council. A supplement to the Code shall 

include all substantive permanent and general parts of ordinances passed by the mayor and 

council or adopted by initiative and referendum during the period covered by the supplement 

and all changes made thereby in the Code, and shall also include all amendments to the 

Charter during the period. The pages of a supplement shall be sonumbered that they will fit 

properly into the Code and will, where necessary, replace pages which have become obsolete 

or partially obsolete, and the new pages shall be so prepared that, when they have been 

inserted, the Code will be current through the date of the adoption of the latest ordinance 

included in the supplement. 

(b) In the preparation of a supplement to this Code, all portions of the Code which have been 

repealed shall be excluded from the Code by the omission thereof from reprinted pages. 

(c) When preparing a supplement to this Code, the codifier (meaning the person authorized to 

prepare the supplement) may make formal, nonsubstantive changes in ordinances and parts of 

ordinances included in the supplement, insofar as it is necessary to do so to embody them into 

a unified code. For example, the codifier may: 

(1) Organize the ordinance material into appropriate subdivisions. 

(2) Provide appropriate catchlines, headings and titles for sections and other 

subdivisions of the Code printed in the supplement, and make changes in such 

catchlines, headings and titles. 

(3) Assign appropriate numbers to sections and other subdivisions to be inserted in the 

Code and, where necessary to accommodate new material, change existing section or 

other subdivision numbers. 

(4) Change the words "this ordinance" or words of the same meaning to "this chapter," 

"this article," "this division," etc., as the case may be, or to "sections ________ to 

________" (inserting section numbers to indicate the sections of the Code which 

embody the substantive sections of the ordinance incorporated into the Code). 

(5) Make other nonsubstantive changes necessary to preserve the original meaning of 

ordinance sections inserted into the Code; but, in no case shall the codifier make any

change in the meaning or effect of ordinance material included in the supplement or 

already embodied in the Code. 

Sec. 1-8. History notes and reference matter. 

The history notes appearing in parentheses at the ends of sections are for information only and 

are not a part of the Code. Citations to the 1980 Code ("Code 1980") and to later ordinances indicate 

only the source, and the text may or may not be changed by this Code. Cross references, state law 

references and other reference matter not in parentheses are for information only and are not a part of 

this Code. 

Sec. 1-9. Altering Code. 

It shall be unlawful for any person in the city to change or amend, by additions or deletions, any 

part or portion of this Code, or to insert or delete pages or portions thereof, or to alter or tamper with 

this Code in any manner except by ordinance or other official act of the mayor and council, which will 

cause the law of the city to be misrepresented thereby. Any person violating this section shall be 

punished as provided in section 1-5. 

(Code 1980, § 1-1-7) 

Cross references: Offenses and miscellaneous provisions, ch. 46. 

Sec. 1-10. Miscellaneous actions and ordinances not affected by Code. 

Nothing in this Code or the ordinance adopting this Code shall affect: 

(1) Any offense or act committed or done or any penalty or forfeiture incurred or any 

contract or right established or accruing before the effective date of this Code. 

(2) Any ordinance or resolution of the city promising or guaranteeing the payment of 

money by or to the city, or authorizing the issuance of any bonds of the city, or any 

evidence of the city's indebtedness, or any contract or obligation assumed by the city. 

(3) Any right or franchise granted by any ordinance or resolution of the city to any 

person, firm or corporation. 

(4) Any ordinance or resolution dedicating, naming, establishing, locating, relocating, 

opening, paving, widening, vacating, etc., any street or public way in the city. 

(5) Any annual appropriation of the city. 

(6) Any ordinance or resolution levying or imposing charges, fees or taxes. 

(7) Any zoning ordinance of the city or amendments thereto. 

All such actions, ordinances and resolutions are hereby recognized as continuing in full force and effect 

to the same extent as if set out at length in this Code. 

Sec. 1-11. Effect of repeal of ordinances. 

(a) The repeal of an ordinance shall not revive any ordinance in force before or at the time the 

ordinance repealed took effect. 

(b) The repeal of an ordinance shall not affect any punishment or penalty incurred before the

epeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for 

an offense committed or cause of action arising under the ordinance repealed.

Chapter 2 ADMINISTRATION* 

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*Cross references: Buildings and building regulations, ch. 14; elections, ch. 26; fire prevention and 

protection, ch. 34; law enforcement, ch. 42; personnel, ch. 50; solid waste, ch. 54; streets, sidewalks 

and other public places, ch. 58; taxation, ch. 62; utilities, ch. 70. 

State constitution references: Home rule for municipalities, art. IX, § II, para. II. 

State law references: The Municipal Home Rule Act of 1965, O.C.G.A. § 36-35-1 et seq. 

__________ 

Article I. In General 

Sec. 2-1. City clerk. 

Sec. 2-2. City attorney. 

Sec. 2-3. Departments established. 

Secs. 2-4--2-25. Reserved. 

Article II. Mayor and Council 

Division 1. Generally 

Sec. 2-26. Compensation. 


Division 2. Meetings 

Sec. 2-36. Regular meetings. 

Sec. 2-37. Adjourned meetings. 

Sec. 2-38. Order of business. 

Sec. 2-39. Rules of procedure. 

Sec. 2-40. Previous questions. 

Sec. 2-41. Motions having precedence. 

Sec. 2-42. Motion to adjourn. 


Article III. Finance 

Sec. 2-66. Fiscal year. 

Sec. 2-67. Annual budget; appropriations. 

Sec. 2-68. Purchasing and procurement.

ARTICLE I. IN GENERAL 

Sec. 2-1. City clerk. 

In addition to the duties of the city clerk under the city Charter, the city clerk shall perform the 

following duties: 

(1) Be the custodian of the city seal and affix its impression on documents whenever 

required. 

(2) Preserve the codes, records and documents belonging to the city and maintain a 

proper index to all records and documents. 

(3) Receive all money due the city, including taxes, licenses and fees, and pay out the 

same only upon orders of the mayor and council. 

(4) Perform any other duties as may be required by the mayor and council. 

(Code 1980, § 2-4-1) 

Sec. 2-2. City attorney. 

shall: 

The city attorney shall be the legal advisor and representative of the city and in that capacity 

(1) Prepare ordinances when so requested by the mayor and council. 

(2) Prepare for execution all contracts and instruments to which the city is a party when 

so requested and approve, as to form, all ordinances, bonds and city contracts. 

(3) Render any other legal services as may be required by the mayor and council. 

(Code 1980, § 2-4-2) 

Sec. 2-3. Departments established. 

The following departments of the city are hereby established: 

(1) Code enforcement department. 

(2) Department of city clerk. 

(3) Police department. 

(4) Street/maintenance department. 

(5) Water department. 

(Code 1980, § 2-4-3) 

Secs. 2-4--2-25. Reserved.

ARTICLE II. MAYOR AND COUNCIL 

DIVISION 1. GENERALLY 

Sec. 2-26. Compensation. 

(a) The mayor shall be compensated for the services to the city in the amount of $6,000.00 per 

year, which shall be payable either in equal monthly installments or at the end of the fiscal year 

at the option of the mayor. 

(b) Each councilmember shall be compensated for the services to the city in the amount of 

$1,200.00 per year, which shall be payable either in equal monthly installments or at the end of 

the fiscal year at the option of each individual councilmember. 

(c) The mayor and each councilmember shall notify the city clerk in writing of their choice of 

compensation payment terms. 

(Code 1980, § 2-1-1; Ord. of 9-5-95; Ord. of 3-16-98) 


DIVISION 2. MEETINGS 

Sec. 2-36. Regular meetings. 

Regular meetings of the mayor and council are held at the city hall or at such other place as 

may be designated by the mayor and council, on the first Monday of each month at 7:00 p.m. and the 

third Wednesday of each month at 9:30 a.m. 

(Code 1980, § 2-1-11; Ord. of 3-4-96) 

Sec. 2-37. Adjourned meetings. 

If a quorum shall fail to attend any regular or special meeting of the mayor and council or if for 

any reason any meeting shall fail to complete transaction of the business before the meeting, the 

meeting may be adjourned to any date prior to the next regular meeting agreed upon by a majority of 

the members present. 

(Code 1980, § 2-1-12) 

Sec. 2-38. Order of business. 

(a) The order of business at all regular meetings shall be as follows: 

(1) Call to order. 

(2) Approval of minutes of last meeting. 

(3) Appearances-business from floor. 

(4) Administrative-fiscal matters. 

(5) Approval of invoices not for administrative purposes and in excess of $500.00. 

(6) Reports from department heads. 

(7) Old business. 

(8) New business. 

(9) Adjourn. 

(b) If the mayor and council directs any matter to be the special business of a future meeting, 

that matter shall have precedence over all other business at that future meeting. 

(c) No proposition shall be entertained by the mayor and council until it has been seconded, 

and every proposition shall, when required by the mayor or any member, be reduced to writing. 


Sec. 2-39. Rules of procedure. 

Except as otherwise provided by ordinance, the procedure of the mayor and council shall be 

governed by Robert's Rules of Order, Newly Revised.

(Code 1980, § 2-1-14) 

Sec. 2-40. Previous questions. 

The previous question may be called at any time by a majority of the councilmembers present. 

The ayes and nays may be called for by any councilmember. 

(Code 1980, § 2-1-15) 

Sec. 2-41. Motions having precedence. 

(a) When a question is under consideration no motion shall be received except as follows: 

(1) To lay on the table. 

(2) To postpone to a time certain. 

(3) To postpone indefinitely. 

(4) To refer to a committee. 

(5) To amend. 

(6) To strike out or insert. 

(7) To divide. 

(b) Motions for any of these purposes shall have precedence in the order named. 

(Code 1980, § 2-1-16) 

Sec. 2-42. Motion to adjourn. 

A motion to adjourn shall always be in order and shall be decided without debate. 

(Code 1980, § 2-1-17) 


Chapters 3--5 RESERVED

Chapter 6 ALCOHOLIC BEVERAGES* 

__________ 

*Editor's note: Ord. No. 05-11, § 1, adopted July 18, 2005, deleted Ch. 6 in its entirety and supplied 

provisions for a new Ch. 6 to read as set out herein. Former Ch. 6 pertained to similar subject matter 

and derived Code 1980, § 9-1-2; Ord. of Mar. 5, 1990, §§ 10.1--10.5, 10.7--10.12, 10.14--10.20, 10.22- 

10.26; Ord. of Oct. 15, 1997(1); and Ord. of Dec. 7, 1998. 

Cross references: Businesses, ch. 18; traffic and vehicles, ch. 66; zoning, ch. 74. 

State constitution references: Use of proceeds of state alcoholic beverage tax, art. III, § IX, para. 

VI. 

State law references: Georgia Alcoholic Beverage Code, O.C.G.A. § 3-1-1 et seq.; furnishing to, 

purchase of or possession by persons under 21 years of age, use of false identification, O.C.G.A. § 3- 

3-23; public drunkenness, O.C.G.A. § 16-11-41; furnishing alcoholic beverages to persons under 21 

years of age, jurisdiction of municipal courts, O.C.G.A. § 36-32-10; treatment of alcoholics and 

intoxicated persons, O.C.G.A. § 37-8-1 et seq.; driving under the influence of alcohol or drugs, 

O.C.G.A. § 40-6-391. 

__________ 


Sec. 6-1. Purpose of provisions. 

Sec. 6-2. Definitions. 

Sec. 6-3. Compliance with chapter. 


Article II. Licenses 

Sec. 6-10. License required. 

Sec. 6-11. Qualifications of applicants. 

Sec. 6-12. Classification of licenses. 

Sec. 6-13. Application submission; basic information. 

Sec. 6-14. Same; accompanying information; review of application. 

Sec. 6-15. Ownership of premises. 

Sec. 6-16. Limitations on number of licenses held. 

Sec. 6-17. Sale, distribution and other dealing in alcoholic beverages within the city by officials and employees; 

exemptions. 

Sec. 6-18. Standard for new license at existing location. 

Sec. 6-19. Location restrictions; wholesalers' and manufacturers' licenses. 

Sec. 6-20. Location restrictions; package sales. 

Sec. 6-21. Location restrictions; on-premises consumption. 

Sec. 6-22. Indebtedness to city. 

Sec. 6-23. Investigation of application; issuance. 

Sec. 6-24 Considerations for granting of licenses. 

Sec. 6-25. Grant of application; notice of denial. 

Sec. 6-26. False information in application. 

Sec. 6-27. License fees. 

Sec. 6-28. Payment of license fee; renewal. 

Sec. 6-29. Privilege nature of license. 

Sec. 6-30. Transferability of licenses. 

Sec. 6-31. Suspension and revocation; grounds and procedure. 

Sec. 6-32. No refunds following suspension or revocation. 

Sec. 6-33. Emergency suspension; violation involving licensed business. 

Sec. 6-34. Emergency suspension; all alcoholic beverage licenses. 

Sec. 6-35. Acceptance and consideration of application after rejection and/or revocation. 


Article III. Regulations for All Establishments and Other Property 

Open to Public 

Sec. 6-50. New buildings; expiration of license for failure to commence or operate business. 

Sec. 6-51. Inspection authority of city. 

Sec. 6-52. Alcohol caterers; event permit for catered functions. 

Sec. 6-53. Employees.

Sec. 6-54. Days and hours of operation. 

Sec. 6-55. Furnishing to, purchase of, or possession by persons under 21 years of age of alcoholic beverages; use of 

false identification. 

Sec. 6-56. Open containers. 

Sec. 6-57. Brownbagging. 

Sec. 6-58. Temporary permits for nonprofit civic organizations. 

Sec. 6-59. Purchases to be made only from licensed wholesalers. 

Sec. 6-60. Storage of alcoholic beverages at retail. 


Article IV. Additional Regulations for Package Dealers 

Sec. 6-70. Merchandise restrictions. 

Sec. 6-71. Merchandise and sales restrictions. 

Sec. 6-72. Sale or delivery to unlicensed premises. 

Sec. 6-73. Name of licensee to be displayed. 

Sec. 6-74. Prices to be conspicuously displayed. 

Sec. 6-75. Portable signs prohibited. 

Sec. 6-76. Coin-operated devices on premises. 

Sec. 6-77. Premises to have glass front. 

Sec. 6-78. Purchase delivered in paper bag or wrapped. 

Sec. 6-79. Sale of certain containers unlawful. 


Article V. Additional Regulations for On-Premise Consumption 

Sec. 6-90. Sales by package prohibited. 

Sec. 6-91. Other mercantile businesses prohibited. 

Sec. 6-92. Premises to be well lighted. 

Sec. 6-93. Disturbances, obscenities on premises. 

Sec. 6-94. In-room sales in hotels. 


Article VI. Excise Taxes 

Sec. 6-100. Taxes imposed. 

Sec. 6-101. Package sales; amount and payment of the tax. 

Sec. 6-102. Distilled spirits for consumption on premises. 

Sec. 6-103. Distilled spirits for consumption on premises; itemized billing by licensee; liability for payment of tax. 

Sec. 6-104. Distilled spirits for consumption on premises; collection of tax by licensee. 

Sec. 6-105. Distilled spirits for consumption on premises; tax payment and collection procedures. 

Sec. 6-106. Determinations of deficiencies or in absence of return; overpayments; delinquency and fraud. 

Sec. 6-107. Delinquent tax collection; duty of assignees to withhold taxes; liability; offsetting of erroneous collections. 

Sec. 6-108. Tax credit penalty or interest paid more than once or illegally collected. 

Sec. 6-109. Failure to pay tax; penalties and interest. 

Sec. 6-110. Administration and enforcement authority; recordkeeping; confidentiality of reports. 

Sec. 6-111. Examination of records; audits. 

Sec. 6-112. Unlawful retail sales. 


Article VII. Violations; penalties 

Sec. 6-120. Violations; penalty.


Sec. 6-1. Purpose of provisions. 

This chapter is enacted in furtherance of the police powers of the city to promote the health and 

general welfare of its citizens; to regulate and control the licensing and sale by the package and by the 

drink of malt beverages, wine, and distilled spirits; to establish reasonable regulations and 

ascertainable standards for licensees which will ensure the public peace; to protect schools, churches, 

and residential areas from the negative secondary effects attributable to establishments that sell malt 

beverages, wine and distilled spirits; and to ensure that only qualified persons obtain licenses for the 

sale, manufacture or distribution of malt beverages, wine and distilled spirits. 

(Ord. No. 05-11, § 1, 7-18-2005) 


For the purpose of this chapter, the following definitions shall apply: 

Alcohol means ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or 

by whatever process produced. 

Alcoholic beverage means and includes all alcohol, distilled spirits, beer, malt beverage, wine 

or fortified wine. 

Bed and breakfast means a structure, located within a single-family residential zoning district, 

that is operated by the owner or lessee thereof, who occupies the premises as their principal dwelling, 

as a place of overnight sleeping accommodations for hire, which traditionally includes provision of the 

breakfast meal in the cost of the sleeping room. 

Distilled spirits means any alcoholic beverage obtained by distillation or containing more than 

21 percent alcohol by volume, including, but not limited to, all fortified wines. 

Hotel means any building or structure kept, used, maintained, advertised and held out to the 

public as a place where a minimum of 50 sleeping accommodations are offered for adequate pay to 

travelers and guests, and food is actually served and consumed in a restaurant as defined in this 

section, having an adequate and sanitary kitchen; said sleeping accommodations and restaurant being 

conducted on the same premises. Hotels may grant franchises for the operation of a restaurant and 

lounge on their premises, and the holder of such franchise shall be included in the definition of hotel 

hereunder. Lounges may be located separately from restaurant facilities in hotels provided there is a 

commonality of ownership of the restaurant and lounge. 

Lounge means a separate room adjacent to and under common ownership with a restaurant, 

hotel, or located in a private club in which wine, malt beverages and distilled spirits may be sold by the 

drink and consumed on the premises. Except in the case of a private club or hotel, as herein defined, a 

lounge shall be licensed under this chapter only if operated in common with and as a part of a 

restaurant, as defined herein. 

Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or 

decoction of barley, malt, hops, or any other similar product, or any combination of such products in 

water, containing not more than 14 percent alcohol by volume and including ale, porter, brown, stout, 

lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice 

wine. 

Manufacturer means any maker, producer, or bottler of an alcoholic beverage. The term also

means: 

(1) In the case of distilled spirits, any person engaged in distilling, rectifying, or blending 

any distilled spirits; 

(2) In the case of malt beverages, any brewer; and 

(3) In the case of wine, any vintner. 

On-premise consumption dealer means any person who sells, at retail only to consumers and 

not for resale, distilled spirits, wine or malt beverages for consumption on the premises. 

Package dealer means any person engaged in selling, at retail only to consumers and not for 

resale, any wine or malt beverages in unbroken packages. 

Person means and includes any individual, partnership, corporation or association. 

Premises, when used in conjunction with package sales, means the floor space on and from 

which the package sale of alcoholic beverages is conducted; when used in conjunction with a 

restaurant, hotel or private club means that floor space on and from which the sale of alcoholic 

beverages by the drink for consumption on the premises is conducted. Premises may include outdoor 

serving or dining areas, except when located on public property. 

Private club means any nonprofit association organized under the laws of this state which: 

(1) Has been in existence at least one year prior to the filing of its application for a 

license to be issued pursuant to this chapter; 

(2) Has at least 75 regular dues-paying members; 

(3) Owns, hires, or leases a building or space within a building for the reasonable use 

of its members, which building or space: 

a. Has suitable kitchen and dining room space and equipment; and 

b. Is staffed with a sufficient number of employees for cooking, preparing, and 

serving meals for its members and guests; and 

(4) Has no member, officer, agent, or employee directly or indirectly receiving, in the 

form of salary or other compensation, any profits from the sale of alcoholic beverages 

beyond a fixed salary. 

Regular meal means a meal which is prepared on the premises according to the order of the 

customer given to a server at the table or booth where the customer is seated and served by the server 

at said table or booth. 

Restaurant means a bona-fide eating establishment kept, used, maintained, advertised and 

held out to the public as a place where at least one regular meals per day is served at least three days 

per week, excluding periods for holidays, vacations, and renovation, and where the principal business 

is the serving of prepared meals which, excluding the sale of alcoholic beverages, account for at least 

50 percent of the total annual gross sales of the business. For purposes of this chapter only, the term 

"restaurant" shallalso include a dinner theatre where at least one prepared meal is served to patrons, at 

least three days per week, in conjunction with the production of mainstream theatrical or musical 

events, in a structure or building located within a commercial zoning district having capacity for seating 

at tables at least 100 persons and meeting all state and local requirements as a place of public 

assembly. 

Wholesaler means any person who sells alcoholic beverages to other wholesale dealers, to 

package dealers, or to on-premise consumption dealers. 

Wine means any alcoholic beverage containing not more than 21 percent alcohol by volume 

made from fruits, berries, or grapes either by natural fermentation or by natural fermentation with 

brandy added. The term includes, but is not limited to, all sparkling wines, champagnes, combinations

of such beverages, vermouths, special natural wines, rectified wines, and like products. The 

term does not include cooking wine mixed with salt or other ingredients so as to render it unfit for 

human consumption as a beverage.A liquid shall first be deemed to be a wine at that point in the 

manufacturing process when it conforms to the definition of wine contained in this section. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-3. Compliance with chapter. 

No person shall sell or offer for sale any alcoholic beverages at wholesale, by the package, or 

for consumption on the premises within the city without first having complied with the provisions of this 

chapter. No person shall keep, possess, or store at such person's place of business within this city any 

alcoholic beverages for which said person does not hold a valid and current state and city license to sell 

such alcoholic beverages. 

(Ord. No. 05-11, § 1, 7-18-2005) 


ARTICLE II. LICENSES 


(a) No person shall engage in the manufacture, sale, transfer or distribution of alcoholic 

beverages in the City of Senoia without first having obtained a license therefore from the city 

and be in possession of a valid state license, provided that wholesalers and distributors 

(possessing a valid state license) maintaining no fixed place of business, warehouse or other 

facility in the city may make sales and deliveries to licensed package dealers and on-premise 

consumption dealers without obtaining a city license. 

(b) No person licensed for the sale of a particular class of alcoholic beverages may sell other 

classes of alcoholic beverages without obtaining the required license therefor. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-11. Qualifications of applicants. 

(a) No license shall be granted under this chapter to any applicant who is not a citizen or 

resident legal alien of the United States. 

(b) Corporations shall apply for a license in the name of the corporation, and the license shall 

be issued to the corporation. Partnerships shall apply for a license in the name of one of the 

partners, and the license shall be issued in the name of the applicant. In the case of corporate 

applicants whose stock is closely-held and not publicly traded, the majority stockholder(s) must 

meet the requirements of individual applicants under this subsection at the time application is 

made and at all times during whichthe license is in effect. Where the applicant is a corporation 

whose stock is publicly traded, an officer of such corporation, or in lieu of an officer, an agent 

involved in the active management of the local business establishment to be licensed, shall 

meet the requirements of individual applicants under this subsection at the time application is 

made and at all times during which the license is in effect. If the applicant is a partner in a 

partnership, the requirements of this section shall apply to allpartners at the time of application, 

and at all times during which the license is in effect. 

(c) In addition to meeting all qualifications for a license under state law, all applicants for 

licenses, whether original or renewal, must attach to their applications evidence of their good 

character. In addition to meeting state qualification standards, no license, whether original or 

renewal, shall be issued to any person, partnership or corporation organized for pecuniary gain 

if any individual having an interest either as owner, partner or stockholder, directly or indirectly, 

beneficial or absolute, or such person's spouse shall have been convicted of or shall have taken 

a plea of guilty or nolo contendere, to, once, within five years immediately prior to filing, or twice, 

within ten years immediately prior to the filing of said application, of any felony or of any 

violation of any law or administrative regulation regulating the sale, manufacture or distribution 

of alcoholic beverages, gambling or narcotics. Where the application, whether original or 

renewal, is for a license to sell alcoholic beverages foron-premise consumption, conviction of an 

offense or the taking of the plea of guilty or nolo contendere once, within five years immediately 

prior to filing, or twice, within ten years immediately prior to the filing of said application, to any 

sex offense shall also disqualify the applicant for license under this section. No license, whether 

original or renewal, shall be issued to any person, partnership or corporation where an individual 

having an interest as owner, partner or stockholder, directly or indirectly, beneficial or absolute, 

shall have been convicted of or shall have taken a plea of guilty or nolo contendere to, once 

within five years immediately prior to the filing of said application, or twice within ten years

immediately prior to the filing of said application of the offense of driving a motor vehicle under 

the influence of intoxicating liquor or drugs. The restrictions of this paragraph as to stockholders 

shall apply only to stockholders of privately owned corporations and to stockholders ofpublicly 

owned corporations who hold in excess of ten percent of outstanding stock. 

(d) On-premises consumption licenses shall be issued only to applicants who meet the 

definition of a hotel, restaurant, or private club. 

(e) Applicants for renewal licenses must meet all qualifications of applicants for original 

licenses. Loss of qualifications during the term of a license shall be grounds for revocation or for 

denial of renewal. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-12. Classification of licenses. 

Licenses under this chapter are classified as follows: 

(1) Wholesale: malt beverages/wine; 

(2) Wholesale: distilled spirits; 

(3) On-premise consumption: malt beverages; 

(4) On premise consumption: wine; 

(5) On premise consumption: distilled spirits; 

(6) Retail package: malt beverages/wine; 

(7) Private clubs: malt beverages/wine; 

(8) Private clubs: distilled spirits. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-13. Application submission; basic information. 

(a) Every applicant for a license under this chapter shall make written application to the city 

administrator on forms furnished by the city administrator. The applicant shall answer all 

questions on the application, under oath, and shall supply all information and furnish all 

certificates, affidavits, bonds and other supporting data or documents as required by this 

chapter. 

(b) Each application shall state the name and address of each applicant, the place where the 

proposed business is to be located; the type license applied for, whether for malt beverages, 

wine or distilled spirits, and whether for wholesale, package sale or on-premise consumption. 

The application shall also contain a beginning balance sheet showing the proposed original 

capitalization of the business and its source. If an applicant is a corporation, the application shall 

state the names of all officers and stockholders of the corporation and the percentage 

ownership of each. If the applicant is a partnership, the application shall state the names of all 

partners therein, whether general or limited. All applications shall include the names of all 

persons that have or will have a direct or indirect beneficial interest in the business for which the 

license is sought. Each application shall also contain such additional information as the city 

administrator prescribes, shall be verified as true by the applicant before filing and shall be 

accompanied by a nonrefundable application fee of $1,500.00 to cover the cost of investigating 

the applicant and processing the application. If granted, the application fee shall apply against 

the license fee.

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-14. Same; accompanying information; review of application. 

(a) In order to demonstrate the location meets all distance prohibitions imposed by state law, 

each application for a license to sell alcoholic beverages shall be accompanied by a scale 

drawing of the premises for the proposed business, showing its location with respect to all 

streets within 600 feet in every direction. Such drawing shall also depict the distance from the 

premises to each church building, school building, educational building, school ground, college 

campus, governmentally owned and operated alcohol treatment center and housing authority 

property. All such distances shall be measured by the most direct route of travel on the ground. 

(b) Licensees for the retail sale of alcoholic beverages for consumption on the premises only 

shall not be subject to regulation as to distances from churches, schools, and colleges, but shall 

meet state distance requirements from governmentally owned and operated alcohol treatment 

centers and housing authority property. 

(c) In reviewing an application, the city administrator may utilize the chief of police and other 

city officials with respect to matters within their areas of expertise. All applicants shall furnish 

such additional data, information and records as may be requested of them by the city 

administrator, chief of police or other city officer such as would be useful in determining whether 

to approve or reject such application. Copies of all Form ATT-17, Personnel Statements, filed 

with the State of Georgia shall be submitted with the application. By filing an application, the 

applicant agrees to produce for oral interrogation any person who is to have a beneficial interest 

in the business for which the license is sought or who is to be employed by such business. The 

failure to provide requested data, information and records or to make those persons specified 

available for interrogation within a reasonable time shall be grounds for denial of an application. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-15. Ownership of premises. 

Unless the applicant will own the premises from which the business will be conducted, the 

application shall also disclose the name of every person owning a beneficial interest in the premises 

and shall state the amount of rental to be paid, the manner in which the rental is to be determined, and 

to whom and at what intervals the rent is to be paid. The applicant shall also attach a copy of the 

proposed lease with the verified statement of the applicant that such lease contains the entire 

agreement between the parties. No license shall be issued to an applicant who leases premises under 

a variable rent system whereby the landlord shares in the profits from the sale of alcoholic beverages. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-16. Limitations on number of licenses held. 

(a) No person shall have an interest in more than two alcoholic beverage licenses, within the 

city, regardless of the degree of such interest. 

(b) (1) For purposes of this section, a person shall be deemed to have a beneficial interest in 

a license when he or she: 

a. Holds a license to sell either by the package or for on-premise consumption. 

b. Has any ownership interest, whether legal, equitable or other, in or control 

over a package or on-premise consumption license.

(2) Under thede minimis concept, a person who owns less than five percent of the 

shares of a corporation which has more than 35 shareholders or whose stock is publicly 

traded shall not, on the fact of stock ownership alone, be deemed to have a beneficial 

interest in a license held by a corporation. 

(3) With regard to this section, a person will not be deemed to have an interest in more 

than one alcoholic beverage business when separate distilled spirits, malt beverage and 

wine licenses are held by the same licensee at the same business premises conducted 

as a single operation. 

(c) Nothing contained in this section is intended to prohibit the child of the holder of an 

alcoholic beverage license from also owning such a license if such child is emancipated and 

holds no business or financial interest or vested interest in the parent's business operation. 

(d) No person shall have, own or enjoy any ownership interest in, share in the profits from, or 

otherwise participate in the business of any alcoholic beverage licensee unless a full description 

of such interest shall have been furnished to the city at the time of making application for the 

license. It shall be the continuing duty of an alcoholic beverage licensee to report to the city 

administrator, in writing, within ten days, any change in any interest in such licensee's business. 

Failure to report such change in interest shall be grounds for suspension or revocation of the 

license. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-17. Sale, distribution and other dealing in alcoholic beverages within the city by 

officials and employees; exemptions. 

(a) No member of the mayor and council shall hold any interest, directly or indirectly, in any 

establishment licensed by the city to sell, distribute, or otherwise deal in alcoholic beverages. 

Any member holding or having a beneficial interest in any alcohol license issued by the city at 

the time of that person's election or appointment to office shall divest himself or herself thereof 

within 60 days. For purposes of this section, a member shall be deemed to have or hold a 

beneficial interest if the license isissued in the name of the person's spouse, child, parent or 

sibling, or in a partnership or corporation in which such person owns more than ten percent 

controlling interest. 

(b) No officer or employee of the city, whose official duties involve issuance and regulation of 

alcoholic beverage licenses or the enforcement of alcoholic beverage laws, shall hold any 

interest, direct or indirect, in any alcoholic beverage license issued by the city or in any 

establishment licensed by the city to engage in the sale or distribution of alcoholic beverages. 

The city administrator, upon advice and consent of the mayor and council, may exempt officers 

and employees of the city from the provisionsof this section, upon written finding that such 

officer or employee's involvement, direct or beneficial, in any business licensed by the city to 

engage in the sale or distribution of alcoholic beverages would pose no conflict of interest or 

interference with the performance by the officer or employee of his or her official duties for the 

city. 

(c) No officer or employee of the city shall be permitted to engage in employment with any 

person, firm or corporation licensed by the city to sell or distribute alcoholic beverages. The city 

administrator may, in writing, exempt those officers or employees from the prohibition of this 

section, upon finding that such employment would pose no conflict of interest or interference 

with the performance by the officer or employee of his or her official duties for the city; provided, 

however, no certified police officer shall be permitted employment by any establishment that 

deals in alcoholic beverages without first obtaining the written consent of the chief of police. 

(Ord. No. 05-11, § 1, 7-18-2005)

Sec. 6-18. Standard for new license at existing location. 

An application for a new license for an existing licensed location shall be subject to all the 

requirements for the granting of an original application for a new license. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-19. Location restrictions; wholesalers' and manufacturers' licenses. 

No manufacturer's or wholesalers' license shall be issued except for premises located within a 

zoning classification permitting warehousing and/or light manufacturing and meeting all requirements of 

the city zoning and developmental ordinances. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-20. Location restrictions; package sales. 

(a) Package sales of malt beverages and/or wine shall only be conducted in conjunction with 

the business operation of a supermarket, convenience store, general merchandise department 

store or drugstore, meeting the requirements of this section. 

(b) Licenses for the package sale of malt beverages and/or wine will be issued only for 

premises located within a commercial zoning classification under the city zoning ordinance. 

(c) All premises at which the package sale of alcoholic beverages is authorized shall meet all 

requirements of the city's zoning and developmental ordinances, as well as minimum building, 

fire and life safety codes. 

(d) For the purpose of this section, "supermarket" shall mean a grocery retailer carrying a full 

selection of food and grocery items, including fresh produce and meats, and having a minimum 

wholesale inventory of $50,000.00 in food and grocery items, exclusive of malt beverage, wine, 

and tobacco products. A "convenience store" shall mean a retail store carrying a limited 

selection of canned, packaged or prepared food and grocery items and at which gasoline is 

regularly available for sale (provided that no service or mechanical work is performed on motor 

vehicles), and provided further, that the minimum wholesale value of the inventory of food and 

grocery items maintained on the premises for sale to the public is no less than $25,000.00, 

exclusive of malt beverages, wine, and tobacco products. A "drugstore" shall mean a retail store 

at which prescription drugs and medications are dispensed under the control of a state-licensed 

pharmacist, and which sells at retail various personal health-related items and drugs for which 

prescriptions are not required. A "general merchandise department store" shall mean a retail 

store with floor space open to the public in excess of 25,000 square feet and an inventory with 

minimum wholesale value of not less than $100,000.00, exclusive of malt beverages, wine, and 

tobacco products. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-21. Location restrictions; on-premises consumption. 

Licenses for the sale of alcoholic beverages for on-premises consumption shall only be issued 

in conjunction with a restaurant, hotel, or private club on premises located within a commercial zoning 

classification and meeting all requirements of the city zoning and developmental ordinances; provided, 

however, a bed and breakfast, licensed for operation in a residential zoning district, shall be eligible for

a license for the on-premises consumption of beer and wine only by its registered guests and 

invitees.The license shall identify those portions of the premises where alcoholic beverages may be 

sold and consumed. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-22. Indebtedness to city. 

No license shall be issued to any applicant if any person holding a beneficial interest in the 

business to be licensed owes any delinquent taxes or assessments to the city. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-23. Investigation of application; issuance. 

Every application filed pursuant to this chapter shall be thoroughly investigated by the chief of 

police, who shall make a formal written report and recommendation to the city administrator. The city 

administrator shall review the chief's report and make such further investigation as he or she deems 

appropriate. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-24 Considerations for granting of licenses. 

It shall be the duty of the city administrator to issue or refuse to issue a license to any applicant. 

In determining whether or not any application shall be granted and a license issued, the city 

administrator shall consider all mandated standards of this chapter and the following information in the 

public interest and welfare: 

(1) If the applicant and/or any holder of an interest in the license has ever violated any 

federal, state, county or municipal law, ordinance or administrative regulation regarding 

alcoholic beverages, their possession, sale, manufacture, distribution, handling, or 

dealing therein; 

(2) The manner in which the applicant and/or any holder of an interest in the license 

has conducted any business within the city as to the necessity for excessive police 

intervention; 

(3) The reasonably anticipated effect on the immediately surrounding neighborhood for 

which the license is sought as to traffic congestion, noise and/or light pollution; 

(4) Whether the applicant and/or any holder of an interest in the license has ever had 

any alcoholic beverage or business license suspended or revoked by any state or any 

political subdivision thereof, or whether any alcoholic beverage business with which the 

applicant and/or any holder of an interest in the license has been associated has been 

cited for a violation of the laws or regulations of any state or any local ordinance 

pertaining to alcoholic beverages, and the outcome of such proceedings. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-25. Grant of application; notice of denial. 

(a) All applications for alcoholic beverage licenses meeting this chapter shall be granted by the 

city administrator for a period expiring on the last day of December of the current calendar year,

unless some specific cause regarding location, traffic or environmental conditions or the specific 

causes set out in section 6-24 justifies a refusal. In the event of denial for location, traffic or 

environmental conditions, the applicant shall be entitled to file a new application of like kind for a 

different location without the loss of any part of the application fee. The city administrator's 

review of an application shall be completed within 45 days of submission of a completed 

application, including all documents sought during the course of the investigation of the 

application. In the event the city requests additional documents during the application review 

period, the 45-day review period shall be stayed until production of the additional documents is 

completed. 

(b) In the event the city administrator denies an application for a license, the applicant shall be 

provided notice in writing of the denial, and a listing of the reason(s) therefor. The applicant shall 

have the right to appeal that denial, in writing, no more than ten days following receipt of the 

denial notice. A hearing shall be held before the mayor and council in not less than 30 days 

from the date of the written notice of appeal. Within ten days from the date of the conclusion of 

the hearing, the mayor and council shall notify the applicant, in writing, of its decision and the 

reason(s) therefor. Aggrieved applicants, whose application is denied by the city administrator 

and affirmed by the mayor and council, may petition the Superior Court of Coweta County for 

writ of certiorari. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-26. False information in application. 

Any material omission from, or untrue or misleading information in, an original, renewal or 

transfer application for a license hereunder shall be cause for the denial or refusal of a license, or for 

the revocation of a license previously granted. Any failure to notify the city administrator of the change 

in any relationship as specified in subsection 6-16(d) within ten days after such change is made shall 

likewise constitute due cause for cancellation, revocation or suspension of a license. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-27. License fees. 

(a) There is hereby imposed a license fee, payable at the time of issuance of the license and 

each annual renewal license, as follows: 

TABLE INSET: 

Wholesale: malt beverages/wine $1,000.00 

Wholesale: distilled spirits 5,000.00 

On-premise consumption: malt beverages 500.00 

On-premise consumption: wine 500.00 

On-premise consumption: distilled spirits 4,000.00 

Retail package: malt beverages/wine 5,000.00 

Private club: malt beverages/wine 2,500.00 

Private club: distilled spirits 2,500.00 

(b) The license fees imposed by this section are regulatory fees intended to offset the city's 

cost in administering and enforcing this chapter. In addition thereto, licensees are subject to 

payment of an occupational tax in accordance with chapter 18 of the Code of Ordinances.

(c) When license is issued on or after July 1 license fee is prorated by one-half. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-28. Payment of license fee; renewal. 

All alcoholic beverage licenses are annual licenses that run from January 1 to December 31 of 

each year. Holders of existing licenses may apply to the city administrator for renewal for the next 

calendar year between October 1 and November 1 of the current year by filing a renewal application in 

proper form, submitting required information for an updated criminal history, and tendering the required 

fee. Renewal license fees for the following year are due by December 15 and shall be past due if not 

paid by that date. After December 15, there shall be imposed a penalty of ten percent of the amount of 

the license, which license fee and penalty must be paid, in full, before a renewal license is issued. 

Persons failing to obtain a valid renewal license by January 1 shall be prohibited from engaging in the 

sale and distribution of alcoholic beverages. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-29. Privilege nature of license. 

(a) All licenses issued under this chapter shall constitute a grant of privilege to carry on or 

conduct a business covered by such license during the term of the license, subject to the terms 

and conditions imposed by the City Charter, this chapter and other applicable ordinances of the 

city and the Constitution, laws and regulations of the State of Georgia and United States of 

America applicable thereto. 

(b) All licenses issued under this chapter shall have printed on the face the following words: 

"THIS LICENSE IS A PRIVILEGE CONDITIONAL ON THE HOLDER MEETING ALL 

STANDARDS FOR SUCH LICENSE AND OPERATING REGULATIONS APPLICABLE 

THERETO SET OUT IN CITY ORDINANCES AND GEORGIA LAW. FAILURE TO MEET 

SUCH STANDARDS OR TO COMPLY WITH SUCH OPERATING REGULATIONS SHALL 

SUBJECT THE HOLDER TO THE LICENSE BEING REVOKED FOLLOWING NOTICE AND 

HEARING." 

(c) All licenses shall be conspicuously posted in the place of business. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-30. Transferability of licenses. 

(a) Licenses issued pursuant to this chapter shall not be transferable except as otherwise 

provided in this section. 

(b) Death. In case of the death of any person owning a license, or any interest therein, the 

same may, with the approval of the city administrator and subject to the terms of this chapter, be 

transferred to the personal representative of the deceased person, or to the devisees or heirs at 

law of the deceased person, if such devisees or heirs meet the qualifications contained in this 

chapter. The license of a deceased person shall be held by his personal representative only for 

the time necessary to complete administration of his estate and to dispose of the license or 

interest therein. One transfer may be made by the personal representative of a deceased 

license holder to a person meeting the qualifications of this chapter. 

(c) Partnerships. Nothing in this section shall prohibit a partner in a partnership holding a 

license to withdraw from the partnership and to assign his interest to one or more of the partners

who were partners at the time of the issuance of the license. Such withdrawal, however, shall 

not serve to bring any new ownership into the partnership, unless such new owner shall apply 

for a license and comply with all provisions of this chapter, and then only upon the approval of 

the city administrator. 

(d) Increased capitalization. A partnership or corporation holding a license may take on 

additional partners or shareholders, as the case may be, where it is determined that the 

additional capital furnished is to be used exclusively for additional inventory or expanded 

facilities of the business or for building new facilities and where it further appears that the other 

partners or shareholders will not receive any of the additional capital investment. Such 

additional partner or new stockholder must apply for a license and meet all requirements of a 

licensee, including approval by the city administrator, before he shall be permitted to acquire 

such interest. 

(e) Transfer of locations. Should a transfer of location be approved, there shall be no new 

license fee, but the new premises must meet all location requirements as for a new license. 

Fees relating to construction permits and inspections for the new location shall be imposed. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-31. Suspension and revocation; grounds and procedure. 

(a) Except as provided in sections 6-33 and 6-34, no license which has been issued or which 

may hereafter be issued pursuant to this chapter shall be suspended or revoked except for due 

cause and after hearing, upon not less than three days prior written notice to the holder of the 

license of the time, place and purpose of the hearing and a statement of the charges upon 

which the hearing shall be held. 

(b) "Due cause" for the purposes of this section shall include, but not be limited to: 

(1) Conviction of, or the entering of a plea of guilty or nolo contendere by, the licensee 

or any of his or her employees or any person holding an interest in the license for any 

felony, any law, administrative regulation or ordinance involving alcoholic beverages, 

gambling or narcotics, or tax laws. 

(2) Conviction of, or the entering of a plea of guilty or nolo contendere by, the licensee 

or any of his or her employees or any person holding an interest in the license for any 

sex offense when the business is licensed for on-premise consumption; 

(3) Suspension or revocation of any state license required as a condition for the 

possession, sale or distribution of alcoholic beverages; 

(4) Material falsification of any fact given in an application for a license issued under 

this chapter or bearing upon the licensee's qualification therefor; any act which may be 

construed as a subterfuge in an effort to circumvent any of the qualifications for a license 

under this chapter shall be deemed a violation of the requirement attempted to be 

circumvented; 

(5) Failure to meet or maintain any standard prescribed by this chapter as a condition 

or qualification for holding a license; 

(6) Any other factor known to or discovered by the city whereby it is objectively shown 

the licensee, any of the licensee's employees or any person holding an interest in a 

license, has engaged in conduct at or involving the licensed business or has permitted 

conduct on the licensed premises that constitutes a violation of federal or state law, local 

ordinance, or administrative regulations involving alcoholic beverages, gambling, 

narcotics, or disorderly conduct, including any sexual offense, under state law or local 

ordinances with respect to businesses licensed for on-premise consumption. With

espect to this section, it shall be rebuttably presumed that the violation was done with 

the knowledge or consent of the licensee; provided, however, such presumption may be 

rebutted only by evidence which precludes every other reasonable hypothesis save that 

such licensee did not know, assist or aid in such occurrence, or in the exercise of full 

diligence that such licensee could not have discovered or prevented such activity. 

(c) Notice of suspension or revocation proceedings shall be served on the person named as 

licensee in the application. Notice shall be in writing. The notice may be served personally or by 

statutory overnight delivery. If by statutory overnight delivery, the notice shall be addressed to 

the licensee at its street address as it appears in the records of the city. The burden shall be on 

the licensee to provide notice, in writing, of any change of street address for service of notices 

and process. In the case of service by statutory overnight delivery of any notice required by this 

chapter, the service is deemed complete at the time of deposit with the statutory overnight 

provider. 

(d) The hearing shall be conducted by the mayor and council. Hearings shall be only as formal 

as necessary to preserve order and shall be compatible with the principles of justice. The city 

attorney or his or her designee shall present the city's case and bear the burden of proving by a 

preponderance of the evidence that due cause exists to suspend or revoke the license. At the 

hearing the licensee shall have the right to represent itself or be represented by counsel, may 

cross-examine all witnesses offered bythe city, and may call witnesses and present evidence in 

its own behalf. Formal rules of evidence shall not apply to hearings under this section, although 

the hearing officer shall have the right to exclude evidence which carries no indicia of reliability. 

All testimony shall be offered under oath or affirmation. 

(e) The mayor and council shall make its final determination within ten days of the completion 

of the hearing. The decision shall be placed in writing and contain the mayor and council's 

findings of fact, conclusions of law, and decision as to penalty, if any. Such penalty may include 

one or more of the following: revocation of the license; suspension of the license for no more 

than 12 months; imposition of a probationary period not to exceed 12 months, and/or a civil 

penalty not to exceed $5,000.00. Where a probationary period is imposed which exceeds the 

term of the current license, the mayor and council may provide provisional conditions for a 

renewal license. 

(f) The mayor and council's decision shall be personally served upon the licensee or mailed by 

first class mail to the licensee's attorney and city attorney within ten days of the close of the 

hearing. 

(g) A total of three separate and unrelated violations within 24 months, whether or not within 

the probationary period, shall constitute grounds for permanent revocation. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-32. No refunds following suspension or revocation. 

In the event a license issued hereunder is suspended or revoked, the licensee shall not be 

entitled to a refund of any portion of the application or license fees previously remitted. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-33. Emergency suspension; violation involving licensed business. 

(a) The city administrator has authority to suspend a license for a short-term period not to 

exceed ten days. The city administrator's decision shall be in writing, with the term of the 

suspension and the reasons therefor stated, and shall be mailed or delivered to the licensee as 

provided in subsection 6-31(c).

(b) A short-term suspension by the city administrator must be for an emergency cause. 

"Emergency cause" for the short-term suspension of a license shall consist of a third or 

subsequent violation by the same licensee or the licensee's employees or agents on the same 

premises within a two-year period of any state or federal laws, administrative regulations of the 

state or city ordinances regulating such business holding a license, including those prohibiting 

gambling, regulating the sale, manufacture, distribution, handling, dealing in, and possession of 

alcoholic beverages, including the sale or transfer of alcoholic beverages to minors in an 

unlawful manner, and the manufacture, sale, or distribution of any controlled substance which 

puts the city and the health and safety of its citizens at such risk that an immediate suspension 

is necessary until a hearing as provided for in section 6-31 can be held. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-34. Emergency suspension; all alcoholic beverage licenses. 

The mayor and council is authorized to suspend the sale of alcoholic beverages under all 

licenses issued pursuant to this chapter during any state of emergency declared by the governor, any 

local emergency as defined by O.C.G.A. § 36-69-2 or for any other serious situation in which the mayor 

and council deems such emergency suspension necessary for the protection of the health and welfare 

of the citizens of Senoia. Such suspension may be made effective immediately and shall remain in 

force until the mayor and council determines the emergency is over or until the next regular meeting of 

the mayor and council, at which time the suspension shall cease unless the same is extended by 

affirmative action of the mayor and council. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-35. Acceptance and consideration of application after rejection and/or 

revocation. 

When any license to engage in package sales of alcoholic beverages is denied by the city 

administrator, or a license is revoked for cause, no new application shall be accepted from the same 

applicant for a license within 24 months from the time of such rejection or revocation. Submission of a 

new application at the same premises by another applicant which application shows the applicant 

previously rejected or revoked as a holder of an interest in the desired license shall be cause for 

rejection of the new application. 

(Ord. No. 05-11, § 1, 7-18-2005) 


ARTICLE III. REGULATIONS FOR ALL ESTABLISHMENTS AND OTHER PROPERTY 

OPEN TO PUBLIC 

Sec. 6-50. New buildings; expiration of license for failure to commence or operate 

business. 

(a) Where a building in which a licensee proposes to operate under the provisions of this 

chapter is, at the time of application for such license, not in existence, or not yet completed, a 

license may be issued for such location, provided the plans and specifications for the proposed 

building are filed with the city administrator and show a compliance with the other provisions of 

this chapter and applicable ordinances of the city. No sales shall be allowed in such 

establishment until it has been completed in accordance with plans and specifications and is in 

conformity with all other provisions of this chapter and applicable ordinances of the city. If the 

building is not completed during the year in which the licensee fee was paid, such fee shall 

apply to the year in which the building is completed and the business commences. 

(b) All holders of licenses hereunder must open for business within six months after issuance 

of said license; failure to do so shall serve as an automatic forfeiture and cancellation of such 

license unless an extension of the time is granted by the city administrator before the expiration 

of the six-month period for good cause shown. No refund of the license fee shall be made in the 

event of such forfeiture. 

(c) Any holder of a license hereunder who shall begin the operation of the business authorized 

in the license, but who shall thereafter cease to operate the business as authorized in said 

license for six months, shall thereupon forfeit such license, which license shall be automatically 

cancelled without the necessity of any further action of the city unless an extension of time is 

granted by the city administrator before the expiration of the six-month period for good cause 

shown. No refund of license fee shallbe made in the event of such forfeiture. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-51. Inspection authority of city. 

The city reserves the right to inspect all premises from which alcoholic beverages are licensed 

to be sold, and related areas, at all reasonable times. Refusal to consent to inspection, upon 

reasonable demand, shall be grounds for suspension or revocation of the license. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-52. Alcohol caterers; event permit for catered functions. 

(a) As used in this section, the term: 

(1) Licensed alcoholic beverage caterer means any person, other than a private club, 

who holds a valid license from the State of Georgia and any county or municipality in this 

state wherein the caterer's place of business is located which authorizes the licensee to 

sell, either by the drink or package, wine, malt beverages or distilled spirits. 

(2) Authorized catered function means a function held at a location within the city for 

which an event permit has been issued in accordance with this section. 

(b) Any person who holds a valid license from the county or municipality wherein his place of

usiness is located, including the City of Senoia, which authorizes the licensee to sell malt 

beverages or wine by the package or by the drink for consumption on the premises may apply 

to the city administrator for an "off-premises consumption: malt beverages/wine" license to 

distribute malt beverages or wine by the drink off-premises within the city at authorized catered 

functions in conjunction with food service. Applications shall be supported by evidence of 

required licenses in good standing. 

(c) Any person who holds a valid license from the county or municipality wherein his place of 

business is located, including the City of Senoia, which authorizes the licensee to sell distilled 

spirits, malt beverages or wine, by the package or by the drink for consumption on-premises 

may apply to the city administrator for an event permit to sell distilled spirits, malt beverages or 

wine, by the drink off-premises within the city at authorized catered functions in conjunction with 

food service. Applications shall be supported by evidence of required licenses in good standing. 

(d) The event permit application shall include the name of the caterer, together with his license 

number; the date, time and duration of the event; the name and address of the event host or 

sponsor, and, if different, the address of the location where the event will be held. The 

application shall be signed by the licensed alcoholic beverage caterer and the event host or 

sponsor. If the event host or sponsor is not the owner of the property at which the event will be 

held, then the owner of the property, or theowner's authorized agent, shall sign the application 

consenting to the distribution of alcoholic beverages at that location. Each event permit shall 

require payment of a $25.00 fee; provided, however, if the caterer does not maintain a place of 

business within the city, in addition to the above fee, there is hereby levied an excise tax upon 

the total quantity of alcoholic beverages brought into the city for such event. At all times during 

which an authorized catered function is taking place, or alcoholic beverages are being 

transported within the city, the licensee shall maintain the original off-premises license and 

event permit in the vehicles used for transporting the alcoholic beverages. No event permit shall 

be issued for more than three consecutive days and a full permit fee shall be assessed for each 

day of the event. 

(e) The licensed alcoholic beverage caterer shall provide such personnel as needed to handle 

all beverage alcohol served or dispensed at the catered event. This shall include bartending, 

dispensing, serving, providing, or furnishing of alcoholic beverages. Employees of a licensed 

alcoholic beverage caterer shall be 21 years of age or older in order to handle beverage alcohol 

at such catered event. Only when the sale of beverage alcohol is authorized on Sunday by state 

law and local ordinance shall the sale of alcohol be allowed on Sunday by a licensed alcoholic 

beverage caterer. 

(f) Any person violating any of the provisions of O.C.G.A. § 3-11-4 regulating off-premises 

consumption sales by licensed alcoholic beverage caterers shall be tried, upon citation 

returnable to the municipal court, for a violation of this chapter, and, if convicted, punished in the 

manner hereinafter provided. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-53. Employees. 

(a) No licensee under this chapter shall permit any person under the age of 21 within his 

employment to sell or dispense alcoholic beverages; provided, however, this provision shall not 

prohibit employees under 21 and who are at least 18 year of age from working as waiters and 

waitresses in establishments licensed for consumption by the drink from serving or taking orders 

for alcoholic beverages from customers at a table or booth. Furthermore, this provision shall not 

prohibit employees under the age of 18 whoare employed in supermarkets, convenience stores, 

or drugstores from handling or carrying sealed packages of alcoholic beverages either within the 

licensed premises or to customers' vehicles when parked adjacent thereto as a part of 

employment responsibilities so long as such employees under age 18 do not sell any alcoholic

everage. 

(b) No licensee under this chapter shall permit any person to sell, dispense, serve or take 

orders for alcoholic beverages while that person is currently serving a sentence, including 

probation or parole, based upon a conviction in any state or federal court or the United States or 

in any foreign country for any felony, or any misdemeanor ordinance violation relating to the 

manufacture, sale, use or distribution of alcoholic beverages or narcotics or controlled 

substances, gambling, sexual offenses, or crimes of moral turpitude. No licensee shall employ 

within its business for the purpose of selling or dispensing alcoholic beverages any person 

convicted within five years immediately prior to the application for employment of any felony or 

within two years immediately prior to the application for employment of any misdemeanor or 

ordinance violation relating to the manufacture, sale, use or distribution of alcoholic beverages 

or narcotics or controlled substances, gambling, sexual offenses, or a crime of moral turpitude. 

This provision shall not prohibit employees who have been convicted or have a criminal history, 

when employed in supermarkets, convenience stores or drugstores, from handling or carrying 

alcoholic beverages either within the licensed premises or to customers' vehicles when parked 

adjacent thereto as a part of employment responsibilities. 

(c) It shall be the duty of the licensee to ascertain that all employees are eligible for 

employment under this chapter. The city reserves the right to obtain fingerprints from and 

conduct a criminal history check of any licensee's employees at any time. Upon request by the 

city, the licensee shall cause the employee to appear at the Senoia Police Department and shall 

pay the requisite fee in the amount of $25.00. 

(d) It shall be the duty of the licensee to train all employees whose duties shall include the 

sale, dispensing, serving or taking of orders for alcoholic beverages in the requirements of this 

chapter, applicable state laws and regulations, and the licensee's policies. Each licensee shall 

establish written policies, a copy of which shall be posted within the licensed premises, 

governing the sale and dispensing of alcoholic beverages in accordance with state law and this 

chapter. Licensees shall impose meaningful disciplinary sanctions for employees who fail to 

meet the standards of law as violations by employees may constitute grounds for revocation, 

suspension or denial of a license under this chapter. The degree of training, supervision and 

discipline of employees by the licensee may be considered by the hearing officer in determining 

action on any license. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-54. Days and hours of operation. 

(a) No packaged dealer of malt beverages or wine shall furnish, sell or offer for sale any 

packaged malt beverages or wine at any time on Sundays or Christmas Day. Sales are 

permitted on all other days, including election days, between the hours of 7:00 a.m. and 11:55 

p.m.; provided, however, it shall be unlawful for any person to sell alcoholic beverages within 

250 feet of any polling place or of the outer edge of any building within which such polling place 

is established during the hours the polls are open. 

(b) No on-premise consumption licensee shall furnish, sell or offer for sale any alcoholic 

beverage on Christmas Day or between the hours of 2:55 a.m. and 12:00 Midnight on any 

Sunday. No licensee for on-premises consumption shall furnish, sell or offer to sell any alcoholic 

beverage between the hours of 12:01 a.m. and 9:00 a.m. on any Monday or 2:55 a.m. and 9:00 

a.m. on any Tuesday through Saturday. Sales shall be permitted on election days during the 

hours polls are open; provided, however, it shall be unlawful for any person to sell alcoholic 

beverages from premises located within 250 feet of any polling place or of the outer edge of any 

building within which such polling place is established during the hours the polls are open. 

Tables shall be cleared of all drinks containing alcoholic beverages by no later than 30 minutes 

following the legal closing time. Notwithstanding the foregoing provisions, a bona fide private

club at which the sale of distilled spirits or other alcoholic beverages by the drink for 

consumption by members only on the premises where sold is otherwise authorized to operate 

and sell alcoholic beverages by the drink at any time on Sundays. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-55. Furnishing to, purchase of, or possession by persons under 21 years of age 

of alcoholic beverages; use of false identification. 

(a) Except as otherwise authorized by law: 

(1) No person knowingly, 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, sell or possess alcoholic 

beverages. 

(3) No person under 21 years of age shall misrepresent such person's age in any 

manner whatsoever for the purpose of obtaining 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 his identity or use any false 

identification for the purpose of purchasing or obtaining any alcoholic beverage. 

(b) The prohibitions contained in subsection (a) of this section shall not apply to the sale, 

purchase, or possession of alcoholic beverages for consumption for medical purposes pursuant 

to a prescription of a physician duly authorized to practice medicine in this state, at a religious 

ceremony, or when the parent or guardian of the person under age 21 gives the alcoholic 

beverage to such person when possession is in the home of the parent or guardian while such 

parent or guardian is present. 

(c) It shall be the duty of every person seeking to purchase or possess alcoholic beverages 

from a licensee within the city to furnish, upon request, proper identification showing that the 

person is 21 years of age or older. For purposes of this section, "proper identification" means 

any document issued by a governmental agency containing a physical description of the person, 

such person's photograph, and giving such person's date of birth, and includes, without being 

limited to, a passport, military identification card, driver's license, or any identification card 

authorized by O.C.G.A. § 40-5-100. 

(d) It shall be a violation of this chapter for any licensee or licensed alcoholic beverage caterer, 

or any agent, officer or employee thereof, to fail to check the proper identification of any patron 

when selling or otherwise furnishing or providing any alcoholic beverage, which failure results in 

an alcoholic beverage being sold or served to an underage person, or to have in such underage 

person's possession while on the licensee's premises or at a catered event, any alcoholic 

beverage. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-56. Open containers. 

(a) As used in this section, "open container" means any container, containing alcoholic 

beverages, which is immediately capable of being consumed from or the seal of which has been 

broken. 

(b) No person shall possess an open container of any alcoholic beverage within the passenger

compartment of a motor vehicle. Closed containers of alcoholic beverages may lawfully be 

transported in any part of a vehicle. Open containers shall be placed in a locked glove box, 

locked trunk or locked storage container. 

(c) No person shall possess an open container of any alcoholic beverage while walking, 

standing or otherwise occupying any public street, road, or highway, sidewalk adjacent thereto, 

public parking lot, park or other publicly owned properties of the city; provided that where the 

mayor and council has approved a public building, location or facility as one where alcoholic 

beverages may be consumed and has posted a sign authorizing such use, this section shall not 

apply to the otherwise lawful possession and consumption of alcoholic beverages in the area so 

designated. 

(d) No person shall possess an open container of or consume any alcoholic beverage on the 

premises of any package dealer, including parking lots adjacent thereto. 

(e) No person shall enter or leave the premises of any dealer licensed to sell or dispense 

alcoholic beverages for on-premise consumption with an open container of any alcoholic 

beverage. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-57. Brownbagging. 

(a) For the purpose of this chapter: 

(1) Brown-bagging means the bringing, taking or carrying of any alcoholic beverage 

into a business lawfully operating with the city, but not licensed for the consumption of 

alcoholic beverages on the premises, or the taking of any alcoholic beverage into 

premises licensed for the sale of alcoholic beverages during such times the sale or 

consumption of such beverages is prohibited by law; provided that bringing an alcoholic 

beverage into a house, apartment, room or other unit designed for private residential 

occupancy for consumption by the residents and invited guests thereof shall not fall 

within this definition. 

(2) Brown-bagging shall include the following prohibited acts: 

a. Any person who brown-bags; 

b. Any person participating in consumption of any alcoholic beverage being 

brown-bagged; 

c. Any person who consumes an alcoholic beverage on any premises lawfully 

operating in the city, except for those premises licensed for on-premises 

consumption of alcoholic beverages or otherwise exempted from the definition of 

brown-bagging by virtue of the private residential character of the occupancy. 

d. Any employee of the business establishment in whose presence brownbagging 

knowingly or with reckless indifference occurs. 

(b) Brown-bagging is prohibited within the city. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-58. Temporary permits for nonprofit civic organizations. 

The mayor and council, upon application by a bona fide nonprofit civic organization, may 

authorize such organization to sell alcoholic beverages for consumption only on the premises of the 

event for a period not to exceed one calendar day, in accordance with the provisions of O.C.G.A. § 3-9-

2, regulations of the Georgia Department of Revenue, and such conditions as the mayor and 

council may reasonably impose, including limitations on the time for selling such beverages. No more 

than two such permits shall be issued to the same organization in any one calendar year. Permits 

issued under this section shall be valid only for the date, time(s) and place specified. Organizations 

permitted under this section shall be subject to all state and local laws and regulations governing the 

sale of alcoholic beverages for consumption on the premises. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-59. Purchases to be made only from licensed wholesalers. 

Package dealers in alcoholic beverages and on-premise consumption dealers shall not buy nor 

accept deliveries from any person other than a wholesaler, dealer or distributor licensed by the Georgia 

Department of Revenue. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-60. Storage of alcoholic beverages at retail. 

All package dealers and on-premise consumption dealers shall store all alcoholic beverages on 

the premises for which the license was issued and at no other place. All stock shall be available at all 

times for inspection by any duly authorized representative of the city. Any alcoholic beverages found in 

any licensee's stock which was not sold or distributed by a wholesaler licensed in accordance with laws 

of Georgia to make sales and deliveries in the city shall be subject to immediate confiscation. No 

licensee shall keep, possess or store at such licensee's place of business any alcoholic beverage for 

which such licensee does not hold a valid and current state and local license to sell such alcoholic 

beverage. 

(Ord. No. 05-11, § 1, 7-18-2005) 


ARTICLE IV. ADDITIONAL REGULATIONS FOR PACKAGE DEALERS 

Sec. 6-70. Merchandise restrictions. 

(a) Except as provided in subsection 6-20(b), no package dealer shall operate such business 

in connection with any other business or establishment. 

(b) Beverages containing no alcohol may be dispensed through the use of vending machines, 

but no beverage alcohol shall be dispensed through such vending machines. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-71. Merchandise and sales restrictions. 

(a) Where packaged malt beverage or wine sales are licensed, no licensee shall sell or offer to 

sell any firearms, ammunition, or weapons of any character. 

(b) During those hours and on those days when alcoholic beverages are not permitted to be 

sold, it shall be the duty of the licensee to remove all alcoholic beverages from its shelves or 

otherwise secure the inventory in such manner as to notify customers that these products are 

not available for sale at that time. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-72. Sale or delivery to unlicensed premises. 

No package dealer shall make or allow to be made any deliveries of alcoholic beverages 

beyond the boundaries of the premises covered by the license. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-73. Name of licensee to be displayed. 

All premises licensed for the sale of alcoholic beverages shall have printed on the front window 

thereof, in uniform letters not less than four nor more than eight inches in height, the name of the 

licensee in uniform letters, and a telephone number at which the licensee can be contacted by police 

during times when the establishment is closed. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-74. Prices to be conspicuously displayed. 

Each package dealer of alcoholic beverages shall conspicuously display within the interior of the 

licensed premises not less than four copies of a printed price list of the alcoholic beverages offered for 

sale or, in lieu thereof, shall place the price of each item on the container or on the shelf where the 

container is exhibited for sale. 

(Ord. No. 05-11, § 1, 7-18-2005)

Sec. 6-75. Portable signs prohibited. 

No licensee for the packages sale of alcoholic beverages shall be permitted to utilize a lighted 

portable sign outside the building. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-76. Coin-operated devices on premises. 

No package dealer in alcoholic beverages shall permit any slot machines, juke boxes, pinball 

machines, video games, or coin-operated machines operated for amusement purposes on its premises. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-77. Premises to have glass front. 

Each establishment licensed for the package sale of alcoholic beverages shall have an open 

glass front and shall be well lighted for clear vision from the outside. No signs or advertising shall be 

posted on the glass which will obstruct the view. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-78. Purchase delivered in paper bag or wrapped. 

All alcoholic beverages, except prepackaged beer, purchased in a package store must be put in 

a paper or plastic bag or otherwise wrapped in an opaque cover before delivery to the purchaser. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-79. Sale of certain containers unlawful. 

It shall be unlawful to sell or offer for sale any malt beverage in any single container, single can 

or single glass bottle which shall be smaller than 32 ounces in size. 

(Ord. No. 05-11, § 1, 7-18-2005) 


ARTICLE V. ADDITIONAL REGULATIONS FOR ON-PREMISE CONSUMPTION 

Sec. 6-90. Sales by package prohibited. 

No alcoholic beverages may be sold by the package from premises licensed for on-premises 

consumption; provided that this provision shall not prohibit the serving of a single can or bottle of malt 

beverage or wine to any patron for consumption on the premises where such sale is otherwise lawful. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-91. Other mercantile businesses prohibited. 

An on-premise consumption licensee shall not operate such business in connection with any 

other establishment, except a restaurant, hotel, or private club as defined in this chapter; provided, 

however, that licenses for consumption of distilled spirits, malt beverages and wine for consumption on 

the premises may be issued to the same licensee. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-92. Premises to be well lighted. 

The exterior of each building in which alcoholic beverages are sold for on-premises 

consumption shall contain sufficient lighting so that all sides of the buildings and all entrances thereto 

are clearly visible at all times when the premises are open for business. Also, the lounge and restaurant 

area, including all tables, booths, and other areas where customers are served, and all passageways 

for customers shall be sufficiently well illuminated so that they may be viewed by those in the premises. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-93. Disturbances, obscenities on premises. 

No licensee shall permit any disturbance of the peace, obscenity or public indecency on its 

premises. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-94. In-room sales in hotels. 

Licenses obtained by hotels shall include the right to serve alcoholic beverages by the drink to 

registered guests in the lounge or restaurant area, as well as to deliver alcoholic beverages in unbroken 

packages to registered guests' rooms when such beverages have been ordered by such guests and/or 

to provide a cabinet or other facility in a hotel guest's room which contains alcoholic beverages for 

which licensed, and which is provided upon written request of the guest, and which is accessible by 

lock and key only to the guest, and for which the sale of the alcoholic beverages contained therein is 

final at the time requested, except for a credit which may be given to the guest for any unused and 

unopened portion. All alcoholic beverages sold or distributed under this section shall be obtained by the 

hotel directly from a licensed wholesaler or distributor and shall be stored on the premises of the hotel 

until sold or served.

(Ord. No. 05-11, § 1, 7-18-2005) 


ARTICLE VI. EXCISE TAXES 

Sec. 6-100. Taxes imposed. 

In addition to the license fees required in this chapter and in addition to the excise taxes levied 

by the state, all licensees hereunder shall pay to the city the taxes imposed in this article. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-101. Package sales; amount and payment of the tax. 

(a) There is hereby imposed an excise tax on alcoholic beverages in the following amounts: 

(1) Where malt beverages, commonly known as tap or draft beer, are sold in or from a 

barrel or bulk container, a tax of $6.00 on each container sold containing not more than 

15 1/2 gallons and a proportionate tax at the same rate on all fractional parts of 15 1/2 

gallons; 

(2) Where malt beverages are sold in bottles, cans, or other containers, except barrel 

or bulk containers, a tax of $.05 per 12 ounces and a proportionate tax on all fractional 

parts of 12 ounces; 

(3) On the first sale or use of wine, a tax of $.22 per liter and a proportionate tax at the 

same rate on all fractional parts of a liter; 

(b) The excise taxes provided in subsection (a) of this section shall be imposed upon and shall 

be paid by the licensed wholesale dealer. 

(c) Each wholesaler responsible for the payment of the excise tax shall file a report with the 

city itemizing for the preceding calendar month the exact quantities of alcoholic beverages, by 

location, by size and type of container, sold during the preceding month in the city. 

(d) The wholesale dealer shall remit the tax imposed herein to the city on the tenth day of the 

month following the calendar month in which the alcoholic beverages are sold or dispensed. 

(e) Licensees shall purchase alcoholic beverages only from wholesalers or distributors 

licensed by the State of Georgia. All sales must be to the establishment designated on the 

license. No transfers, borrowing or internal sales or transfers from one licensed retailer to 

another shall be permitted. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-102. Distilled spirits for consumption on premises. 

(a) There is imposed a sales tax on the sale of distilled spirits by the drink, which tax shall be 

three percent of the charge to the public, members or guests for the beverages. This tax does 

not apply to the sale of fermented beverages made in whole or in part from malt or any similar 

fermented beverage, nor to wines for which an excise tax has already been paid under section 

6-101. Each retail consumption licensee shall collect, report and remit the tax in the manner 

described in sections 6-103 through 6-105. 

(b) Licensees shall purchase alcoholic beverages only from wholesalers or distributors 

licensed by the State of Georgia. All sales must be to the establishment designated on the

license. No transfers, borrowing or internal sales or transfers from one licensed retailer to 

another shall be permitted. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-103. Distilled spirits for consumption on premises; itemized billing by licensee; 

liability for payment of tax. 

Every licensee shall, at the time of collecting for food and drinks served, give to the purchaser a 

receipt on which the price of alcoholic beverages served shall be itemized separately. Where the 

charges for food and drink are satisfied by credit or deferred payment, the payment of the tax to the 

licensee may be deferred in like manner, however, the licensee shall be liable therefor at the time and 

to the extent that such credits are incurred. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-104. Distilled spirits for consumption on premises; collection of tax by licensee. 

Every licensee or its agent is hereby authorized and directed to collect the tax herein imposed 

from purchasers of distilled spirits by the drink sold within its licensed premises. Such licensee or agent 

shall furnish such information as may be requested by the city clerk to facilitate the collection of this tax. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-105. Distilled spirits for consumption on premises; tax payment and collection 

procedures. 

(a) Due date of taxes. All taxes collected by any licensee or agent hereunder shall be due and 

payable to the city on or before the tenth day of every month next succeeding each respective 

calendar month, as set forth herein. 

(b) Return; time of filing; persons required to file; execution. On or before the tenth day of the 

month, a return for the preceding calendar month shall be filed with the city clerk in such form as 

the city clerk may prescribe by every licensee or agent liable for the payment of tax hereunder. 

(c) Contents of return. All returns shall show the gross receipts from the sale of distilled spirits 

by the drink, amount of tax collected or authorized due for the related period, and such other 

information as may be required by the city clerk. 

(d) Delivery of return and remittance. The person required to file the return shall deliver the 

return, together with the remittance of the net amount of tax due to the city clerk. 

(e) Collection fee allowed licensees. Licensees collecting the tax shall be allowed a 

percentage of the tax due and accounted for and shall be reimbursed in the form of a deduction 

in submitting, reporting and paying the amount due, if the amount is not delinquent at the time of 

payment. The rate of the deduction shall be the same rate authorized for deductions from state 

sales tax under the Georgia Retailers' and Consumers' Sales and Use Tax Act, approved 

February 20, 1951 (Georgia Laws 1951, p. 360), as now or hereafter amended. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-106. Determinations of deficiencies or in absence of return; overpayments; 

delinquency and fraud.

(a) Recomputation of tax; authority to make; basis of recomputation. If the city clerk is not 

satisfied with the return or returns of the tax or the amount of the tax or the amount of the tax 

required to be paid to the city by any person, the city clerk may compute and determine the 

amount required to be paid upon the basis of any information within his or her possession or 

that may be made of the amount due for one or more than one calendar month. 

(b) Estimate of gross receipts in absence of return. If any licensee fails to make a return, the 

city clerk shall make an estimate of the amount of the gross receipts of the licensee, or as the 

case may be, of the amount of the total sales in the city which are subject to the tax. The 

estimate shall be made for the period or periods in respect to which the licensee failed to make 

the return and shall be based upon any information which is or may come into the possession of 

the city clerk. Upon the basis of this estimate, the city clerk shall compute and determine the 

amount required to be paid to the city. One or more determinations may be made for one or for 

more than one period. 

(c) Offsetting of overpayments. In making a determination, the city clerk may offset 

overpayments, for a period or periods, against underpayments, for another period or periods, 

against penalties, and against the interest on underpayments. The interest on overpayments 

shall be computed in the manner set forth in section 3-109. 

(d) Time within which notice of deficiency determination to be mailed. Promptly after making 

his or her determination, the city clerk shall give to the person written notice to be served 

personally or by mail in the manner prescribed for service of notices in section 6-32. Except in 

the case of fraud, intent to evade this article or authorized rules or regulations, or failure to make 

a return, every notice of a deficiency determination shall be mailed within three years after the 

20th day of the calendar month following the monthly period for which the amount is proposed 

to be determined, or within three years after the return is filed, whichever period should last 

expire. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-107. Delinquent tax collection; duty of assignees to withhold taxes; liability; 

offsetting of erroneous collections. 

(a) Action for tax; time therefor. At any time within three years after any tax or any amount of 

tax required to be collected becomes due and payable, and at any time within three years after 

the delinquency of any tax or any amount of tax required to be collected, the city may bring an 

action in the courts of the state, or of the United States, to collect the amount delinquent, 

together with penalties and interest, court fees, filing fees, attorneys' fees, costs of collection 

and other legal fees incident thereto. 

(b) Duty of successors or assignees of operator to withhold tax from purchase money. If any 

licensee liable for any amount under this article sells out his business or quits the business, his 

successors or assigns shall withhold sufficient of the purchase price to cover such amount until 

the former owner produces a receipt from the city clerk showing that he has been paid, or a 

certificate stating that no amount is due. 

(c) Liability for failure to withhold; certificate of notice of amount due; time to enforce 

successor's liability. If the purchaser of a business fails to withhold the necessary amount from 

the purchase price as heretofore required, the purchaser becomes personally liable for the 

payment of the amount required to be withheld by it to the extent of the purchase price valued in 

money. Within 30 days after receiving a written request from the purchaser for a certificate, the 

city clerk shall either issue the certificate or mail notice to the purchaser at his address as it 

appears on the records of the city of the amount that must be paid as a condition of issuing the 

certificate. The time within which the obligation of a successor may be enforced shall begin at 

the time the licensee sells out his business or at the time that the determination against the

licensee becomes final, whichever event occurs later. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-108. Tax credit penalty or interest paid more than once or illegally collected. 

Whenever the amount of any tax, penalty or interest has been paid more than once, or has 

been erroneously or illegally collected or received by the city under this article, it may be offset as 

provided in subsection 6-106(c). If the licensee determines that it has overpaid or paid more than once, 

which fact has not been determined by the city clerk, it will have three years from the date of payment 

to file a claim in writing stating the specific ground upon which claim is founded. The claim shall be 

audited. If the claim is approved by the city, the excess amount paid the city may be credited on 

amounts then due and payable from the licensee by whom it was paid or its administrators or 

executors. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-109. Failure to pay tax; penalties and interest. 

(a) Delinquent penalty. Any person who fails to pay the tax herein imposed to the city, or fails 

to pay any amount of such tax required to be collected and paid to the city, within the time 

required, shall pay a civil penalty of 15 percent of the tax, or amount of the tax, in addition to the 

tax or the amount of the tax, plus interest on the unpaid tax or any portion thereof as set forth in 

subsection (b) of this section. 

(b) Interest on amount found due. The amount of the determination, exclusive of penalties, 

shall bear interest at the rate of one percent per month, or fraction thereof, from the tenth day 

after the close of the monthly period for which the amount or any portion thereof should have 

been returned, until the date of payment. 

(c) Penalty; negligence or disregard of rules and regulations. If any part of the deficiency for 

which a deficiency determination has been made is due to gross negligence or disregard of 

rules and regulations, a penalty of 15 percent of the amount of such deficiency shall be added 

thereto in addition to the 15 percent prescribed by subsection (a). 

(d) Penalty for fraud or intent to evade. If any part of the deficiency for which a deficiency 

determination has been made is due to fraud or an intent to evade any provision of this chapter 

or other authorized rules and regulations, a penalty of 25 percent of the deficiency shall be 

added thereto in addition to the 15 percent prescribed by subsection (a). 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-110. Administration and enforcement authority; recordkeeping; confidentiality of 

reports. 

(a) Authority of the city clerk. The city clerk shall administer and enforce the provisions of this 

article for the levy and collection of the tax imposed by this article. 

(b) Rules and regulations. The city clerk shall have the power and authority to make and 

publish reasonable rules and regulations, subject to the approval of the mayor and council, not 

inconsistent with this article or other laws of the city and the state, or the Constitution of the 

State or the United States for the administration and enforcement of the provisions of this article 

and the collection of the taxes hereunder. 

(c) Records required from licensee; form. Every licensee for the sale of alcoholic beverages in

the city shall keep all invoices relating to each purchase of alcoholic beverages and such other 

records, receipts, invoices and other pertinent papers in such form as the city clerk may 

require. 

(d) Authority to require reports; contents. In the administration of the provisions of this article, 

the city clerk may require the filing of reports by any person or class of persons having in such 

person's or persons' possession or custody information relating to sales of alcoholic beverages 

which are subject to the tax. The reports shall be filed with the city clerk and shall set forth the 

price charged for each sale, the date or dates of sales, and such other information as the city 

clerk may require. 

(e) Wholesaler records. Every distributor, wholesale dealer and manufacturer required to 

make reports under this article shall keep accurate and complete records of all sales of distilled 

spirits, malt beverages and wine to any package dealer or on-premise consumption dealer and 

of all reports made to the city for a period of four years from the time the tax to which they relate 

becomes due or the date the tax is paid, whichever is later, which records shall be made 

available for inspection by the city clerk or the city administrator at all reasonable times and 

places. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-111. Examination of records; audits. 

The city clerk or any person authorized in writing by the city may examine the books, papers, 

records, financial reports, equipment and other facilities of any licensee liable for the tax, in order to 

verify the accuracy of any return made, or if no return is made by the licensee, to ascertain and 

determine the amount required to be paid. In the event a city audit discloses a deficiency of more than 

three percent over what has been returned and remitted, the licensee shall reimburse the city for all 

costs of the audit, including but not limited to, accountant's fees and out of pocket expenses, the value 

of time expended by city employees in the investigation, including reasonable cost of overhead, and all 

attorneys fees and costs of collection if action must be instituted by the city. 

(Ord. No. 05-11, § 1, 7-18-2005) 

Sec. 6-112. Unlawful retail sales. 

No person shall sell at retail by the package or for consumption on the premises within the city 

any alcoholic beverage on which the taxes imposed by this chapter have not been paid. 

(Ord. No. 05-11, § 1, 7-18-2005) 


ARTICLE VII. VIOLATIONS; PENALTIES 

Sec. 6-120. Violations; penalty. 

(a) Any person found guilty of or entering a plea of guilty or nolo contendere to the offense of 

failing to pay the tax due, either in whole or in part, shall, upon conviction thereof, be assessed 

a fine not to exceed $1,000.00 for each such offense. Each such person shall be guilty of a 

separate offense for each and every day during which any portion of the amount due remains 

unpaid. Any person found guilty of or entering a plea to violating any other provision of this 

article shall be deemed guilty of an offense and shall be subject to a fine not to exceed 

$1,000.00, imprisonment not to exceed six months, or both such fine and imprisonment. 

(b) Any act which may be construed as a subterfuge in an effort to circumvent any of the 

provisions of this article shall be deemed a violation of the rule or regulation attempted to be 

circumvented and, upon conviction, subject to the penalties set forth above. 

(Ord. No. 05-11, § 1, 7-18-2005)


Chapter 10 ANIMALS* 

__________ 

*Cross references: Businesses, ch. 18; environment, ch. 30; prohibited noises, § 30-26; health and 

sanitation, ch. 38; traffic and vehicles, ch. 66; zoning, ch. 74. 

State constitution references: Municipal animal control as home rule power, art. IX, § II, para. III(a) 

(3). 

State law references: Livestock running at large or straying, O.C.G.A. § 4-3-1 et seq.; permitting 

dogs in heat to roam or run free, O.C.G.A. § 4-8-6; Dangerous Dog Control Law, O.C.G.A. § 4-8-20 et 

seq.; Georgia Animal Protection Act, O.C.G.A. § 4-11-1 et seq.; cruelty to animals, O.C.G.A. § 16-12-4; 

control of rabies, O.C.G.A. § 31-19-1 et seq.; liability of owner or keeper of vicious or dangerous animal 

for injuries caused by animal, O.C.G.A. § 51-2-7. 

__________ 


Sec. 10-1. Fowl or livestock running at large. 

Sec. 10-2. Sanitation of housing, enclosures. 

Sec. 10-3. Humane treatment required. 

Sec. 10-4. Abandonment. 

Sec. 10-5. Interference with government property. 


Article II. Dogs 

Sec. 10-26. Running at large. 

Sec. 10-27. Excessive barking. 

Sec. 10-28. Wearing of collars and tags required; impoundment of dogs at large. 

Sec. 10-29. Duty of animal control officer, police. 

Sec. 10-30. Inoculation against rabies required. 

Sec. 10-31. Rabies quarantine. 

Sec. 10-32. Vicious or diseased dogs. 

Sec. 10-33. Issuance of summons.


Sec. 10-1. Fowl or livestock running at large. 

It shall be unlawful for any owner or person in control of any domestic fowl or livestock to allow 

that domestic fowl or livestock to run at large within the city. 

(Code 1980, § 9-3-2) 

Sec. 10-2. Sanitation of housing, enclosures. 

Any housing or enclosure used for the keeping of animals or fowl shall be well drained, free 

from accumulations of animal excrement and objectionable odors, and otherwise clean and sanitary. 

(Code 1980, § 9-3-3) 

Sec. 10-3. Humane treatment required. 

(a) No person having an animal in his possession or control shall fail to provide the animal with 

sufficient food, water, shelter and adequate protection from the elements. Veterinary care shall 

be provided when needed to prevent suffering to the animal, and the animal shall be treated 

with humane care at all times. 

(b) No person shall beat, ill treat, torment, overload, overwork or otherwise abuse an animal, or 

cause, instigate or permit combat between animals. 

(c) No person shall expose any known poisonous substance, whether mixed with food or not, 

so that such substance shall be liable to be eaten by any domesticated animal. It shall not be 

unlawful for a person to expose on his own property common rat and insect poisons. 

(d) Any animal control officer, or other officer empowered to act by law, may impound any 

animal found to be cruelly treated. 

(Code 1980, § 3-3-7) 

Sec. 10-4. Abandonment. 

It shall be unlawful for any person to knowingly or willingly abandon any domestic animal within 

the limits of the city. Any person who does abandon, or knowingly or willingly permits such 

abandonment or aids in the abandonment of any domestic animal within the limits of the city shall be in 

violation of this section and punished as provided in section 1-5. 

(Code 1980, § 3-3-6) 

Sec. 10-5. Interference with government property. 

No person shall remove, tamper with, damage, or destroy any cage or device, nor release any 

animal that is trapped in any trap that is placed to trap any animal that is running at large in violation of 

the city ordinance. Said person that violates this Code shall be guilty of a misdemeanor.

(Ord. of 10-15-97) 


ARTICLE II. DOGS 

Sec. 10-26. Running at large. 

(a) Every person owning or having charge, care, custody or control of a dog shall keep the dog 

exclusively upon his own premises except that the dog may be off the premises if it is under the 

effective control of a person. The dog shall be construed to be under the effective control of a 

person if the dog is: 

(1) Confined within a vehicle, fencing or other adequate enclosure where the dog has 

no access to passerbys; or 

(2) Is attached to a leash not over six feet in length and held by a person of sufficient 

strength to restrain the dog. 

(b) Notwithstanding the provisions of subsection (a) of this section, a dog shall be deemed not 

to be under effective control of a person in the following situations: 

(1) When a female dog in pre-estrees, estrees, or post-estrees (in heat or in season) 

comes into contact with a male dog except for planned breeding; or 

(2) The dog inflicts injury to a person or inflicts damage to the property of someone 

other than its owner, custodian or possessor. 

(c) Nothing in this section shall restrict the ordinary uses of Seeing Eye dogs or handicap 

helper dogs. 

(Ord. of 6-6-94, § 1) 

Sec. 10-27. Excessive barking. 

It shall constitute a public nuisance and be unlawful for any owner or keeper of a dog to permit a 

dog, by loud persistent or habitual barking, to disturb any person. 


Sec. 10-28. Wearing of collars and tags required; impoundment of dogs at large. 

(a) Every dog in the city will be required to wear a collar or harness, made of durable material, 

at all times. Attached to this collar must be a tag indicating the following: 

(1) The name and address of the owner. 

(2) The date the dog was inoculated against rabies. 

(b) If a dog is found running at large not wearing the above-described identification it will be 

presumed to be a stray dog and shall be immediately transported to the county pound. 

(c) A dog wearing identification and found running at large will be confined at a place deemed 

appropriate by the police department or animal control officer, a citation will be issued to the 

owner, and a fee will be charged to the dog owner for care of the dog. The fee shall be set from 

time to time by the mayor and council and shall be kept current and maintained in the office of 

the city clerk. If the dog is not claimed by the owner within 24 hours of documented and 

verifiable notice of confinement, the dogwill be transported to the county pound. Dogs confined

under this section will be held no longer than three days in the city before being transported to 

the county pound. 


Sec. 10-29. Duty of animal control officer, police. 

It shall be the duty of every police officer and the animal control officer to apprehend, take into 

custody and confine any dog running at large, or deemed to not be under the effective control of a 

person. These dogs shall be confined as described in section 10-28. 


Sec. 10-30. Inoculation against rabies required. 

It shall be the duty of every person who owns or harbors any dog in the city to have the dog 

inoculated against rabies by a licensed veterinarian and to obtain a certificate from the veterinarian 

setting out the fact of vaccination, the date administered and the date of expiration. This certificate shall 

be retained by the owner or harborer of the inoculated dog and made available for inspection upon 

verbal request by any officer of the police department or the animal control officer at any time. 


Sec. 10-31. Rabies quarantine. 

(a) Any dog which has bitten or injured any person so as to cause an abrasion or puncture of 

the skin, or a dog which, in the opinion of a police officer, animal control officer or veterinarian, 

appears to be afflicted with rabies, shall be confined by the police department or animal control 

officer for a period of not fewer than ten days or until such time that a determination is made that 

the dog does or does not have rabies. The owner of the dog shall be responsible for the dog's 

boarding at a rate set fromtime to time by the mayor and council and kept current and 

maintained in the office of the city clerk. 

(b) It is unlawful for any person knowing or suspecting that his dog has rabies to fail to 

immediately inform the police department or animal control officer. Upon such notification, the 

police department or animal control officer shall immediately take possession of the dog 

according to subsection (a) of this section. If the dog is determined to be suffering from rabies, it 

shall be destroyed forthwith and handled according to the regulations of the state department of 

human resources. 


Sec. 10-32. Vicious or diseased dogs. 

(a) Any dog that has attacked and bitten a person or other animal without provocation or has 

attempted to bite a person or other animal without provocation shall be deemed a vicious dog. 

(b) It shall be unlawful for any person to cause, permit, accompany or be responsible for the 

presence of any vicious or diseased dog on the streets or public places of the city or allow the 

dog to run on the premises of another, at any time; unless and in addition to the other 

requirements of this article the dog shall be securely muzzled to effectively prevent it from biting 

any person or other animal. 

(Code 1980, § 9-3-11)

Sec. 10-33. Issuance of summons. 

A city officer, at his discretion, may elect not to impound a dog or other animal found in violation 

of any section of this article, but to issue or cause to be issued a summons directed to the owner or 

possessor of the dog to appear before the municipal court on a certain day to stand trial for the violation 

of this article. 

(Code 1980, § 9-3-12)


Chapter 14 BUILDINGS AND BUILDING REGULATIONS* 

__________ 

*Cross references: Administration, ch. 2; businesses, ch. 18; cable communications, ch. 22; 

environment, ch. 30; fire prevention and protection, ch. 34; food service rules and regulations, ch. 36; 

health and sanitation, ch. 38; signs, ch. 52; solid waste, ch. 54; streets, sidewalks and other public 

places, ch. 58; taxation, ch. 62; utilities, ch. 70; zoning, ch. 74. 

State constitution references: Power of city to provide technical codes, art. IX, § II, para. III(a)(12). 

State law references: Buildings and housing, O.C.G.A. tit. 8; adoption and administration of codes, 

O.C.G.A. § 8-2-25; fire protection and safety, O.C.G.A. tit. 25; bonds for public contractors, O.C.G.A. § 

36-82-100 et seq.; unfit buildings or structures, O.C.G.A. § 41-2-7; electrical contractors, plumbers, 

conditioned air contractors, low-voltage contractors and utility contractors, O.C.G.A. § 43-14-1 et seq.; 

nonresident contractors, O.C.G.A. § 48-13-30 et seq. 

__________ 

Article I. Construction Standards 

Sec. 14-1. State minimum standard codes. 

Sec. 14-2. Duties and responsibilities of building official. 

Sec. 14-3. Limitation of liability for code enforcement. No special duty created. 

Article II. Permit Procedures and Enforcement 

Sec. 14-4. Permits. 

Sec. 14-5. Written documentation; payment of fee required for issuance. 

Sec. 14-6. Cessation of work. 

Sec. 14-7. Revocation of permit for false statement or misrepresentation. 

[Secs. 14-8, 14-9. Reserved.] 

Sec. 14-10. Variances. 

Sec. 14-11. Penalty for violation. 

Sec. 14-12. Definition of terms. 


Article III. Unfit Buildings and Structures 


Sec. 14-32. Duty of owners of real property and structures thereon. 

Sec. 14-33. Complaint In Rem in municipal court; procedure; lien; appeal. 

Sec. 14-34. Powers of city administrator or his designee. 

Sec. 14-35. Service of complaints or orders upon owners and parties in interest. 

Sec. 14-36. Prior ordinances relating to repair, closing, or demolition of unfit buildings or structures.

ARTICLE I. CONSTRUCTION STANDARDS 

Sec. 14-1. State minimum standard codes. 

(a) Adoption; enumeration. There is hereby adopted within the City of Senoia the state 

minimum standard codes enumerated in subdivision (9)(B)(I)(IX)--(XIII) of section 8-2-20 of the 

Official Code of Georgia Annotated, to-wit: 

(1) SBCCI Standard Housing Code, 1994 edition, with Georgia Amendments; 

(2) SBCCI Standard Amusement Device Code, 1985 edition; 

(3) SBCCI Excavation and Grading Code, 1975 edition; 

(4) SBCCI Existing Building Code, 1994 edition; 

(5) SBCCI Swimming Pool Code, 1994 edition, with Georgia Amendments; together 

with; 

(6) Chapter 1, Administration, sections 101 through 107 of the SBCCI Standard 

Building Code, specifically excluding section 102.2, Employee Qualifications; 

(7) Part "X" of ANSI A17.1-1984, the American National Standard Practice for 

Inspection of Elevators, Escalators and Moving Walks, Inspector's Manual ANSI A17.2, 

the Safety Standards for Manlifts ANSI A90.1a-1976, the Safety Standard for 

Construction Hoists ANSI A10.4-1981 and ANSI A10.5-1981, the Safety Standard for 

Conveyors and Related Equipment ANSI B20.1-1984, or the latest revised rules and 

regulations adopted by the Georgia Commissioner of Labor; 

(8) Part 3, Fire Escapes, of O.C.G.A. Title 8, Chapter 2 (sections 8-2-50 through 82-52) 

shall apply to all buildings with the city which are not used as private residences and 

which are thee or more stories in height; and 

(9) Article 3 of O.C.G.A. Title 8, Chapter 2, "The Uniform Act for the Application of 

Building and Fire Related codes to Existing Buildings" (sections 8-2-200 through 8-2- 

222) is hereby incorporated by reference and shall be used by the building official 

whenever there exists the need to utilize compliance alternatives to any provisions of the 

rules, regulations, codes, or standards herein imposed or adopted. 

(b) Codes which are to be enforced by building official. The rules, regulations, codes, or 

standards heretofore adopted, together with those state minimum standard codes enumerated 

in subdivision (9)(B)(I)(I)-(VIII) of section 8-2-20 of the Official Code of Georgia Annotated, towit: 

(1) SBCCI Standard Building Code, 2000 edition, with Georgia Amendments; 

(2) National Electric Code, 1999, with Georgia Amendments; 

(3) SBCCI Standard Gas Code, 2000 edition, with Georgia Amendments; 

(4) SBCCI Standard Mechanical Code, 2000 edition, with Georgia Amendments; 

(5) SBCCI Standard Plumbing Code, 2000 edition, with Georgia Amendments; 

(6) SBCCI Standard Fire Prevention Code, 2000 edition, with Georgia Amendments; 

(7) CABO One- and Two-Family Dwelling Code, 2000 edition, with Georgia 

Amendments;

(8) CABO Model Energy Code, 1995 edition, with Georgia Amendments. 

Which codes have statewide application and do not require adoption by local ordinance, shall 

be enforced by the building official or his designee(s) in accordance with the procedures hereinafter set 

forth. 

The edition of such codes as currently adopted by the Georgia Department of Community 

Affairs shall be used and enforced, except where a subsequently published edition of any such code 

has been adopted by the Georgia Department Of Community Affairs, with approval of its board, or such 

code has been amended or revised as provided in section 8-2-23 of the Official Code of Georgia 

Annotated. 

(c) Application, interpretation and enforcement of CABO Model Energy Code. 

Except in regard to buildings owned by the state, the design, erection, construction and 

alteration of any building to which the CABO Model Energy Code for Buildings, with Georgia 

Amendments, shall apply shall be accomplished so that the building or applicable portions thereof shall 

meet or conform to such code. The CABO Model Energy Code for Buildings shall not apply to 

exempted buildings; and, with respect to renovated buildings, such code shall apply only to portions or 

systems of the building which aredirectly involved in the renovation. Interpretation and enforcement of 

such code shall be solely within the province of the building official; provided, however, the 

commissioner of the department of community affairs or his designated representative shall hear 

appeals relating to the interpretation, enforcement and administration of such code and may remand 

any case to the city with instructions to take such action as he directs. 

(d) Availability of codes; public inspection and copying. Copies of the current edition of all 

applicable codes shall be maintained in the city manager or his designated representative's 

office at city hall for public inspection during regular business hours. Inasmuch as the SBCCI 

standardized codes referenced herein constitute copyrighted material, copies cannot be sold or 

distributed by the city building and code enforcement division, but may be purchased directly by 

contacting Southern Building Code Congress International (SBCCI), 900 Montclair Road, 

Birmingham, AL 35213, or by telephoning (205) 591-1853. Copies of the Georgia Amendments 

to the standardized codes may be obtained, without charge, on the department of community 

affairs' website at http://www.dca.ga.us. 

(Ord. No. 02-10, § 1, 3-18-2002) 

Sec. 14-2. Duties and responsibilities of building official. 

(a) There is hereby created the position of building official. The building official, and his 

designated representatives, shall have and exercise the following duties and responsibilities in 

the enforcement of state minimum standard codes: 

(1) To interpret, enforce, and administer the state minimum standard codes within the 

city in accordance with the provisions and procedural requirements of this chapter; 

(2) To inspect all existing buildings and structures as required by such codes and to 

permit and inspect new construction and the renovation, alteration, modification and 

repairs to existing structures to assure compliance with applicable state minimum code 

standards; 

(3) With consent of the city administrator, under the budgetary and personnel 

regulations of said city, to employ inspectors and other personnel necessary for the 

proper enforcement of such codes and to provide for the authority, functions, and duties 

of such inspectors; 

(4) To bring enforcement actions, prosecute complaints and citations in the appropriate 

court and to appeal those decisions adverse to the best interest of the city;

(5) To study and make recommendations to the city administrator relating to the 

administration and enforcement of state minimum standard codes; and 

(6) To perform all other duties and functions imposed upon the chief administrative 

officer, by whatever name or title referred, in the state minimum standard codes. 

(b) Pursuant to the authority contained in the Official Code of Georgia Annotated section 8-2- 

26, self-inspection of water and sewer projects by master plumbers or utility contractors shall be 

applicable in the city. 

(c) The duties and responsibilities of the building official, set forth in this section, may, by 

private or intergovernmental contract approved the mayor and council, be exercised and 

performed by an independent contractor or by the building official of any county or other 

municipal corporation of this state. When such contract has been entered and spread upon the 

official minutes of the council, the acts of such contractor shall be deemed the acts of the city 

building official as if fully performed directly bythe city, its officers and employees. 

(Ord. No. 02-10, § 1, 3-18-2002) 

Sec. 14-3. Limitation of liability for code enforcement. No special duty created. 

It is the intent of this chapter to protect the public health, life safety and general welfare of 

properties and occupiers of buildings and structures within the city in general, but not to create any 

special duty or relationship with any individual person or to any specified property within or without the 

boundaries of said city. Approval of a permit and inspection of a property shall in no manner guarantee 

or warrant to the owner or occupants thereof that said property has been constructed, maintained, 

oroperated in conformance with applicable codes, laws and regulations. The city reserves the right to 

assert all available immunities and defenses in any action seeking to impose monetary damages upon 

the city, its officers, employees and agents arising out of any alleged failure or breach of duty or 

relationship as may now exist or hereafter be created. To the extent any federal or state law, regulation, 

or ordinance requires compliance as a condition precedent to the issuance of a permit, plan or design 

approval, inspection or other activity by the city, its officers, employees and agents, issuance of such 

permit, approval, or inspection shall not be deemed to constitute a waiver or estoppel of the condition 

precedent, and it shall remain the obligation and responsibility of the owner, his design professional(s), 

and contractor(s) to satisfy such legal requirements. 

(Ord. No. 02-10, § 1, 3-18-2002)

ARTICLE II. PERMIT PROCEDURES AND ENFORCEMENT 

Sec. 14-4. Permits. 

(a) Required. No person, firm or corporation shall erect, construct, enlarge, alter, repair, move, 

improve, convert or demolish any building or structure within the city, or cause the same to be 

done, without first obtaining a permit for such building or structure from the building official. 

Separate permits are required for grading, electrical, plumbing, mechanical, and low-voltage. 

(b) Fees. Permit fees shall be established in accordance with a schedule approved by the 

mayor and council, as may be revised from time to time. 

(c) Term. Permits shall generally be good for six months from date of issuance; provided, that 

if the work is not completed within the initial permit term, but has been diligently pursued, the 

permit may be extended, without additional charge, for successive three month terms, so long 

as the work continues to be diligently prosecuted. 

(d) Revocation for suspension or abandonment. If work authorized by a permit is suspended 

ore abandoned, after the initial term, for a period of 30 days, without good cause shown to the 

building official, the permit may be revoked upon written notification to the permit holder. 

Revocations of permits for abandonment are not appealable to the mayor and council. 

(e) State licensing required. No person shall engage in electrical, plumbing, mechanical, lowvoltage, 

or utility contracting on any work within the city unless licensed by the state. Where a 

state license is required, every applicant for a permit shall furnish proof, at time of application, 

that he or the person contracted to do the work holds a valid state license in good standing. 

Failure to meet this requirement may be grounds for revocation of the permit. 

(Ord. No. 02-10, § 1, 3-18-2002) 

Sec. 14-5. Written documentation; payment of fee required for issuance. 

Prior to issuance of any permit, in addition to the information requested on the permit 

application, the building official may require tests, plans an specifications, plats, and other written 

documentation from engineers, architects, surveyors, and other professionals to assure that full 

compliance with all permitting requirements of the state minimum standard codes and applicable laws 

have been met. No permits shall issue on any project where the structure to be built or improved 

thereon is a "special hazard structure" or the use to be conducted therein is a "special hazard use", 

without first obtaining the approval of building plans by the state fire marshal's office. Where a project is 

subject to permitting under the Georgia Soil Erosion and Sedimentation Control Law, no permit shall 

issue for any land-disturbance activity unless approved plans are received from the district soil 

conservation office and all required stabilization facilities are in place, and ready for inspection. All 

buildings and structures intended for human occupancy shall have a safe source of drinking water and 

sanitary disposal; no permit shall issue for any building or structure which does not have access to 

public water and sewer unless plans for a well and/or septic tank have been approved by the county 

health department. All permits shall be conditioned upon the application and supporting date, which is 

deemed incorporated into and made a material part or term of the permission granted. No permit shall 

issue until all requisite fees have been paid in full. 

(Ord. No. 02-10, § 1, 3-18-2002)

Sec. 14-6. Cessation of work. 

Upon notice from the building official, work on any building, structure, system or component 

therein, that is being done contrary to the provisions of the state minimum standard codes, or in a 

dangerous or unsafe manner, or in violation of any other applicable law, rule, or regulation, shall 

immediately cease. Such notice shall be given in writing, directed to the owner of the property and to 

the person doing the work, and shall state the conditions under which work may be resumed. Where an 

emergency situation exists, the building official shall not be required to give a written notice prior to 

stopping the work. 

(Ord. No. 02-10, § 1, 3-18-2002) 

Sec. 14-7. Revocation of permit for false statement or misrepresentation. 

The building official may revoke a permit or approval issued under the provisions of this chapter 

in the event he finds there has been a false statement or misrepresentation as to any material fact in 

the application or plans on which the permit or approval was based. The building official may also 

revoke a permit upon determining that the construction, erection, alteration, repair, moving, or 

demolition of the building or structure for which the permit was issued is in violation of, or not in 

conformity with, the provision of state minimum standard codes; provided, the work was stopped in 

accordance with section 14-6 and the permittee has not met the conditions for resuming the work after 

a reasonable period for compliance has been granted. 

(Ord. No. 02-10, § 1, 3-18-2002) 

[Secs. 14-8, 14-9. Reserved.] 

Sec. 14-10. Variances. 

In those limited cases where the state minimum standard codes allow a local variance based 

upon hardship, the mayor and council may, upon finding that strict enforcement of the state minimum 

standard codes would do manifest injustice and would be contrary to the spirit and purpose of such 

codes and the public interest, grant a variance, subject to finding, in writing, all of the following: 

(a) That special conditions and circumstances exist which are peculiar to the building, 

structure, or system involved and which are not applicable to others similarly situated; 

(b) That the special condition and circumstances do not result from the action or inaction of the 

applicant; 

(c) That granting a variance will not confer on the applicant any special privileges that are 

denied by the codes to other buildings, structures, or service systems; 

(d) That the variance granted is the minimum variance that will make possible the reasonable 

use of the building, structure, or service system; and 

(e) That the grant of the variance will be in harmony with the general intent and purpose of 

such codes and will not be detrimental to the public health, safety and general welfare. 

Applications for variance shall be advertised not less than 15 days prior to conducting an 

evidentiary hearing before the mayor and council. Such hearing shall be informally conducted, with the 

applicant having the burden of proof. Each decision of the mayor and council shall recite the factual 

findings underlying its decision and the reasons for such decision. In granting a variance, the mayor 

and council may prescribe appropriate conditions and safeguards in conformity with the codes, 

including a reasonable time limit in which the variance is required to be commenced or completed, or 

both. A copy of the mayor and council's written decision shall immediately be filed in its minutes of the

hearing at which the variance was considered and a copy promptly served upon all affected 

parties. Decisions of the mayor and council shall be final, subject to applicable remedies afforded by 

law. 

(Ord. No. 02-10, § 1, 3-18-2002) 


Any person, firm, corporation or agent who shall violate any provision of the state minimum 

standard codes, or the permissive codes and construction standards adopted by this chapter, or fails to 

comply therewith, or with any of the requirements thereof, or who shall erect, construct, alter, install, 

demolish or move any building, structure, electrical, gas, mechanical, or plumbing system, or has 

erected, constructed, altered, repaired, moved or demolished any building, structure, or system therein 

in violation of this chapter shall be sited to appear before the municipal court of this city. Upon trial, if 

convicted, such violation shall carry a fine not to exceed $1,000.00 per day. Each and every day, or 

portion thereof, during which any violation of this chapter is committed or continued shall be deemed a 

separate and distinct offense. Violations of this chapter are hereby further declared to be public 

nuisances, harmful to the public health, safety, and welfare; and, in addition to all other remedies 

provided by law, are subject to abatement or injunction in a court of appropriate jurisdiction. 

(Ord. No. 02-10, § 1, 3-18-2002) 

Sec. 14-12. Definition of terms. 

For purposes of interpretation of the state minimum standard codes, the definitions of terms 

found in section 8-2-20 of the Official Code of Georgia Annotated shall control over the definitions of the 

same or similar terms as found in such codes or this chapter. 

(Ord. No. 02-10, § 1, 3-18-2002) 


ARTICLE III. UNFIT BUILDINGS AND STRUCTURES 


As used in this article, the term: 

Applicable codes means any optional housing or abatement standard provided in Chapter 2 of 

Title 8, O.C.G.A., as adopted by ordinance or operation of law, or other property maintenance 

standards as adopted by ordinance or operation of law, or general nuisance law, relative to the safe 

use of real property; any fire or life safety code as provided for in Chapter 2 of Title 25, O.C.G.A.; and 

any building codes adopted by local ordinance prior to October 1, 1991, or the minimum standard 

codes provided in Chapter 2 of Title 8,O.C.G.A., after October 1, 1991, provided that such building or 

minimum standard codes for real property improvements shall be deemed to mean those building or 

minimum standard codes in existence at the time such real property improvements were constructed 

unless otherwise provided by law. 

Closing means causing a dwelling, building, or structure to be vacated and secured against 

unauthorized entry. 

Drug crime means a act which is a violation of Article 2 of Chapter 13 of Title 16, O.C.G.A., 

known as the "Georgia Controlled Substances Act". 

Dwellings, buildings, or structures means any building or structure or part thereof used and 

occupied for human habitation or commercial, industrial, or business uses, or intended to be so used, 

and includes any outhouses, improvements, and appurtenances belonging thereto or usually enjoyed 

therewith and also includes any building or structure of any design. As used in this article, the term 

"dwellings, buildings, or structures" shall not mean or include any farm, any building or structure located 

on a farm, or any agricultural facility or other building or structure used for the production, growing, 

raising, harvesting, storage, or processing of crops, livestock, poultry, or other farm products. 

Governing authority means the Mayor and Council of the City of Senoia, Georgia. 

Municipality means the City of Senoia, Georgia. 

Owner means the holder of the title in fee simple and every mortgagee of record. 

Parties in interest means: 

(1) Persons in possession of said property and premises; 

(2) Persons having of record in the county in which the dwelling, building, or structure is 

located any vested right, title, or interest in or lien upon such dwelling, building, or 

structure or the lot, tract, or parcel of real property upon which the structure is situated or 

upon which the public health hazard or general nuisance exists based upon a 50 year 

title examination conducted in accordance with the title standards of the State Bar of 

Georgia; 

(3) Persons having paid an occupational tax to the governing authority for a location or 

office at the subject building or structure; or 

(4) Persons having filed a property tax return with the governing authority as to the 

subject property, building, or structure. 

Public authority means any member of the governing authority, any director of a public housing 

authority, or any officer who is in charge of any department or branch of government (municipal, county 

or state) relating to health, fire, life safety, building regulations, or to other activities concerning 

dwellings, buildings, or structures, or use of private property within the city.

Public officer means the city administrator, who is authorized to exercise the powers prescribed 

by this article, and any officer or employee of the city to whom he delegates such authority. 

Repair means altering or improving a dwelling, building, or structure so as to bring the structure 

into compliance with the applicable codes in the jurisdiction where the property is located and the 

cleaning or removal of debris, trash, and other materials present and accumulated which create a 

health or safety hazard in or about any dwelling, building, or structure. 

Resident means any person residing in the jurisdiction where the property is located on or after 

the date on which the alleged nuisance arose. 

(Ord. No. 03-04, § 2(§ 100), 12-1-2003) 

Sec. 14-32. Duty of owners of real property and structures thereon. 

It is the duty of the owner of every dwelling, building, structure, or private property within the 

jurisdiction to construct and maintain such dwelling, building, structure, or property in conformance with 

applicable codes in force within the City of Senoia, Georgia, or such laws and ordinances which 

regulate and prohibit activities on property. It is hereby declared to be a public nuisance to construct or 

maintain any dwelling, building, structure, or to use property in violation of such codes, laws or 

ordinances. 

(Ord. No. 03-04, § 2(§ 200), 12-1-2003) 

Sec. 14-33. Complaint In Rem in municipal court; procedure; lien; appeal. 

(a) Whenever a request is filed with the public officer by a public authority or by at least five 

residents of the municipality charging that any dwelling, building, structure, or property is unfit 

for human habitation or for commercial, industrial, or business use and not in compliance with 

applicable codes; is vacant and being used in the commission of drug crimes; or constitutes an 

endangerment to the public health or safety as a result of unsanitary or unsafe conditions, the 

public officer may make an investigation or inspection of the specific dwelling, building, 

structure, or property and make a written report of his findings. Such officer shall be guided in 

his investigation by documenting conditions, which include but are not limited to: 

(1) Defects therein increasing the hazards of fire, accidents, or other calamities; 

(2) Lack of adequate ventilation, light, or sanitary facilities; 

(3) Dilapidation or disrepair by failure to conform to applicable codes and ordinances; 

(4) Structural defects which render the structure unsafe for human habitation or 

occupancy; and 

(5) Uncleanliness. 

If the property is located within the historic district or has been classified as a historic property, the 

public officer shall give written notice to the city's historic preservation commission and allow the 

commission an opportunity to comment. Such notice to the commission shall be given at least 45 days 

prior to the public officer issuing his written report. 

(b) If the officer's investigation or inspection identifies that any dwelling, building, structure, or 

property is unfit for human habitation or for commercial, industrial, or business use and not in 

compliance with applicable codes; is vacant and being used in connection with the commission 

of drug crimes; or constitutes an endangerment to the public health or safety as a result of 

unsanitary or unsafe conditions, the city attorney shall file a Complaint In Rem in the municipal 

court of the city against the lot, tract, or parcel of real property on which such dwelling, building,

or structure is situated or where such public health hazard or general nuisance exists and shall 

cause summons and a copy of the complaint to be served on the owner and parties in interest in 

such dwelling, building, or structure. The complaint shall identify the subject real property by 

appropriate street address and official tax map reference; identify the owner and parties in 

interest; state with particularity the factual basis for the action; and contain a statement of the 

action sought by the public officer to abate the alleged nuisance. The summons shall notify the 

owner and parties in interest that a hearing will be held before the municipal court at a date and 

time certain and at a place within the county or municipality where the property is located. Such 

hearing shall be held not less than 15 days nor more than 45 days after the filing of said 

complaint in the proper court. The owner and parties in interest shall have the right to file an 

answer to the complaint and to appear in person or by attorney and offer testimony at the time 

and place fixed for hearing. A Notice of Lis Pendens shall be filed in the office of the Clerk of 

Superior Court in Coweta County at the time of filing the complaint in the municipal court. 

(c) If, after such notice and hearing, the court determines that the dwelling, building, or 

structure in question is unfit for human habitation or is unfit for its current commercial, industrial, 

or business use and not in compliance with applicable codes; is vacant and being used in 

connection with the commission of drug crimes; or constitutes an endangerment to the public 

health or safety as a result of unsanitary or unsafe conditions, the court shall state, in writing, 

findings of fact in support of such determination and shall issue and cause to be served upon 

the owner and any parties in interest that have answered the complaint or appeared at the 

hearing an order: 

(1) If the repair, alteration, or improvement of the said dwelling, building, or structure 

can be made at a reasonable cost in relation to the present value of the dwelling, 

building, or structure, requiring the owner, within the time specified in the order, to repair, 

alter, or improve such dwelling, building, or structure so as to bring it into full compliance 

with the applicable codes relevant to the cited violation; and, if applicable, to secure by 

closing the structure so that it cannot be used in connection with the commission of drug 

crimes; or 

(2) If the repair, alteration, or improvement of the said dwelling, building, or structure in 

order to bring it into full compliance with applicable codes relevant to the cited violations 

cannot be made at a reasonable cost in relation to the present value of the dwelling, 

building, or structure, requiring the owner, within the time specified in the order, to 

demolish and remove such dwelling, building, or structure and all debris from the 

property. 

For purposes of this section, the court shall make its determination of "reasonable cost in 

relation to the present value of the dwelling, building, or structure" without consideration of the value of 

the land on which the structure is situated; provided, however, that costs of the preparation necessary 

to repair, alter, or improve a structure may be considered. Income and financial status of the owner 

shall not be factor in the court's determination. The present value of the structure and the costs of 

repair, alteration, or improvement may be established by affidavits of real estate appraisers with a 

Georgia appraiser classification as provided in Chapter 39A of Title 43, O.C.G.A., qualified building 

contractors, or qualified building inspectors, without actual testimony presented. Costs of repair, 

alteration, or improvement of the structure shall be the cost necessary to bring the structure into 

compliance with the applicable codes relevant to the cited violations in force in the jurisdiction. 

(d) If the owner fails to comply with an order to repair or demolish the dwelling, building, or 

structure, within the time period set forth in the order, the public officer shall cause such 

dwelling, building, or structure to be repaired, altered, or improved, or to be vacated and closed, 

or demolished. The public officer shall cause to be posted on the main entrance of the building, 

dwelling, or structure a placard with the following words: 

"This building is unfit for human habitation or commercial, industrial, or business use and does 

not comply with the applicable codes or has been ordered secured to prevent its use in 

connection with drug crimes or constitutes an endangerment to public health or safety as a

esult of unsanitary or unsafe conditions. The use or occupation of this building is prohibited and 

unlawful." 

(e) If the public officer has the structure demolished, reasonable effort shall be made to 

salvage reusable materials for credit against the cost of demolition. The proceeds of any 

moneys received from the sale of salvaged materials shall be used or applied against the cost 

of the demolition and removal of the structure, and proper records shall be kept showing 

application of sales proceeds. Any such sale of salvaged materials may be made without the 

necessity of public advertisement and bid. The public officerand governing authority are relieved 

of any and all liability resulting from or occasioned by the sale of any such salvaged materials, 

including, without limitation, defects in such salvaged materials. 

(f) The amount of the cost of demolition, including all court costs, appraisal fees, administrative 

costs incurred by the tax commissioner, and all other costs necessarily associated with the 

abatement action, including restoration to grade of the real property after demolition, shall be a 

lien against the real property upon which such cost was incurred. 

(g) The lien provided for in subsection (f) shall attach to the real property upon the filing of a 

certified copy of the order requiring repair, closure, or demolition in the office of the Clerk of 

Superior Court in Coweta County and shall relate back to the date of the filing of the lis pendens 

notice required under subsection (a). The clerk of superior court shall record and index such 

certified copy of the order in the deed records of the county and enter the lien on the general 

execution docket. The lien shall be superior to all other liens on the property, except liens for 

taxes to which the lien shall be inferior, and shall continue in force until paid. After filing a 

certified copy of the order with the clerk of superior court, the public officer shall forward a copy 

of the order and a final statement of costs to the county tax commissioner. It shall be the duty of 

the county tax commissioner to collect the amount of the lien in conjunction with the collection of 

ad valorem taxes on the property and to collect the amount of the lien as if it were a real 

property ad valorem tax, using all methods available for collecting real property ad valorem 

taxes, including specifically Chapter 4 of Title 48, O.C.G.A.; provided, however, that the 

limitation of O.C.G.A. § 48-4-78 which requires 12 months of delinquency before commencing a 

tax foreclosure shall not apply. The tax commissioner shall remit the amount collected to the 

governing authority of the municipality whose ordinance is being enforced. Thirty days 

afterimposition of the lien, the unpaid lien amount shall bear interest and penalties in the same 

amount as applicable to interest and penalties on unpaid real property ad valorem taxes. 

(h) The tax commissioner shall collect and retain an amount equal to the cost of administering 

the lien. Any such amount collected and retained for administration shall be deposited in the 

general fund of the county to pay the cost of administering the lien. 

(i) The governing authority may waive and release any such lien imposed on property upon the 

owner of such property entering into a contract with the municipality agreeing to a timetable for 

rehabilitation of the real property or the dwelling, building, or structure on the property and 

demonstrating the financial means to accomplish such rehabilitation. 

(j) Review of a court order requiring the repair, alteration, improvement, or demolition of a 

dwelling, building, or structure shall be by direct appeal to the superior court under O.C.G.A. § 

5-3-29. 

(Ord. No. 03-04, § 2(§ 300), 12-1-2003) 

Sec. 14-34. Powers of city administrator or his designee. 

In carrying out his duties pursuant to this article, the city administrator or his designee to whom 

his authority is assigned shall, in addition to those powers otherwise conferred upon or delegated to 

him by the Charter and other ordinances of the city, be empowered to: 

(1) Investigate and inspect the condition of dwellings, buildings, structures, and private

property within the city to determine those structures and property uses in violation of 

this article. Entries onto private property shall be made in a manner so as to cause the 

least possible inconvenience; provided, however, the public officer shall not enter into 

any occupied dwelling or structure without first having obtained the consent of the owner 

or a person in possession. In those cases where consent to entry isdenied after 

reasonable request, the public officer may apply to the municipal court for an 

administrative search warrant upon showing probable cause that a violation exists. 

(2) To retain experts including certified real estate appraisers, qualified building 

contractors, and qualified building inspectors, engineers, surveyors, accountants, and 

attorneys. 

(3) To appoint and fix the duties of such officers and employees of the city as he deems 

necessary to carry out the purposes of this article; and 

(4) To delegate any of his functions and powers under this article to such officers, 

employees and agents as he may designate. 

(Ord. No. 03-04, § 2(§ 400), 12-1-2003) 

Sec. 14-35. Service of complaints or orders upon owners and parties in interest. 

(a) Complaints shall be served in the following manner. In all cases, a copy of the complaint 

and summons shall be conspicuously posted on the subject dwelling, building, or structure 

within three business days of filing of the complaint and at least ten days prior to the date of the 

hearing. A copy of the complaint and summons shall be served in one of the following ways: 

(1) Personal service upon each owner and party in interest if such parties are residents 

of the county. Service shall be perfected at least ten days prior to the date of the 

hearing. Service may be made by the public officer designated by article to abate 

nuisances or by any law enforcement officer of the county or municipality whose 

ordinance is being enforced; and a return of service, filed with the clerk of the 

appropriate court, shall be deemed sufficient proof that service was perfected; 

(2) Pursuant to the provisions of Article 5 of Chapter 4 of Title 48; or 

(3) Statutory overnight delivery. 

(b) If any owner or party in interest is a resident of this state but resides outside of the county, 

service shall be perfected by certified mail or statutory overnight delivery, return receipt 

requested, to the most recent address shown in county tax filings and mailed at least 14 days 

prior to the date of the hearing. 

(c) Nonresidents of this state, whose mailing address is known, shall be served by certified 

mail or statutory overnight delivery, return receipt requested, mailed at least 14 days prior to the 

date of the hearing. For nonresidents whose mailing address is unknown, a notice stating the 

date, time, and place of the hearing shall be published in the newspaper in which the sheriff's 

advertisements appear in such county once a week for two consecutive weeks prior to the 

hearing. 

(d) In the event either the owner or any party in interest is a minor, an estate, an incompetent 

person, or person laboring under disabilities, the guardian or other personal representative of 

such person shall be served and if such guardian or personal representative resides outside the 

county or is a nonresident of this state, he or she shall be served as provided for in subsection 

(c) of this section. If such owner or party in interest has no guardian or personal representative, 

service shall be perfected byserving the judge of the probate court of the county wherein such 

property is located at least 30 days prior to the date of the hearing which judge shall stand in the 

place of and protect the rights of such minor, estate, or incompetent person or appoint a

guardian ad litem for such person. 

(e) In the event of unknown persons or unborn remaindermen who are likely to have any rights 

in the property or interest or the proceeds thereof, the judge of the probate court of the county 

wherein such property or interest is located shall be personally served at least 30 days prior to 

the date of the hearing, and it shall be the duty of the judge of the probate court to stand in the 

place of and protect the rights of such unknown parties or unborn remaindermen. 

(f) In the event the whereabouts of any owner or party in interest is unknown and the same 

cannot be ascertained by the public officer in the exercise of reasonable diligence or if any 

owner or party in interest cannot, after due diligence, be served as provided in this Code 

section, the public officer shall make an affidavit to that effect and serve by publication in the 

manner provided in subsection (c) of this section, and such publication shall be sufficient proof 

that service was perfected. 

(g) Orders and other filings made subsequent to service of the initial complaint shall be served 

in the manner provided in this section on the owner and any party in interest who answers the 

complaint or appears at the hearing. Any party who fails to answer or appear at the hearing 

shall be deemed to have waived all further notice in the proceedings. 

(Ord. No. 03-04, § 2(§ 500), 12-1-2003) 

Sec. 14-36. Prior ordinances relating to repair, closing, or demolition of unfit buildings 

or structures. 

Ordinances and code sections of the City Code of Senoia, Georgia, relating to the subject 

matter of this article and in effect prior to December 1, 2003, being the effective date of this article, shall 

continue in force and effect for actions commenced thereunder and have the same force and effect 

after said date as this article. All new actions commenced on or after December 1, 2003 shall be 

brought pursuant to this article. 

(Ord. No. 03-04, § 2(§ 600), 12-1-2003)


Chapter 18 BUSINESSES* 

__________ 

*Cross references: Alcoholic beverages, ch. 6; animals, ch. 10; buildings and building regulations, 

ch. 14; cable communications, ch. 22; solid waste, ch. 54; taxation, ch. 62; utilities, ch. 70; zoning, ch. 

74. 

State law references: Commerce and trade, O.C.G.A. tit. 10; professions and businesses, O.C.G.A. 

tit. 43; disabled veterans and blind persons engaging in peddling, operating businesses or practicing 

professions, O.C.G.A. § 43-12-1 et seq.; persons selling agricultural products and implements, jugs and 

flowerpots, O.C.G.A. § 43-32-6; exemptions from municipal taxes and license fees, O.C.G.A. § 48-5- 

354 et seq.; specific, business and occupation taxes, O.C.G.A. § 48-13-1 et seq. 

__________ 



Article II. Occupation Tax 

Sec. 18-26. When required. 


Sec. 18-28. Administrative and regulatory fee structure; occupation tax structure. 

Sec. 18-29. Occupation tax levied; restrictions. 

Sec. 18-30. Paying tax of business with no location in the state. 

Sec. 18-31. Line of business identified on registration. 

Sec. 18-32. Multiple locations considered separate businesses. 

Sec. 18-33. Professionals as classified in O.C.G.A. § 48-13-9(c)(1)--(18). 

Sec. 18-34. Practitioners exclusively practicing for government. 

Sec. 18-35. Purpose, scope of tax. 

Sec. 18-36. When tax due and payable; transacting business when tax delinquent. 

Sec. 18-37. Allocation of gross receipts of business with locations inside and outside city. 

Sec. 18-38. Exemption for business operated for charitable purpose. 

Sec. 18-39. Evidence of state registration required if applicable; display of state registration. 

Sec. 18-40. Evidence of permits, bonds, other qualifications required if applicable. 

Sec. 18-41. Liability of officers, agents; registration required. 

Sec. 18-42. Registration requirements. 

Sec. 18-43. Subpoena and arresting powers of city officials. 

Sec. 18-44. Businesses not covered by article provisions. 

Sec. 18-45. Occupation tax inapplicable where prohibited or exempted by law. 

Sec. 18-46. Filing of return; determination of gross receipts. 

Sec. 18-47. Payment of tax; due date. 

Sec. 18-48. Payment of tax by newly established businesses. 

Sec. 18-49. More than one place or line of business; calculation of tax. 

Sec. 18-50. Filing of return showing actual gross receipts during calendar year. 

Sec. 18-51. Returns confidential. 

Sec. 18-52. Inspections of books and records. 

Sec. 18-53. Tax registration revoked for failure to pay tax, file returns, permit inspection of books. 

Sec. 18-54. Failure to comply with article provisions; continuing in business after tax registration revoked. 

Sec. 18-55. Issuance of execution for delinquent tax. 

Sec. 18-56. Amendment, repeal of provisions. 

Sec. 18-57. Application of provisions to prior ordinance. 

Sec. 18-58. Enforcement. 

Sec. 18-59. Provisions remain in full force and effect until changed by council. 

Sec. 18-60. Requirement of public hearing before tax increase. 

Sec. 18-61. Conflicts between specific and general provisions. 

Sec. 18-62. Gross receipts brackets. 

Sec. 18-63. Schedule of businesses classified by profitability ratios. 



Article III. Insurers 

Sec. 18-86. Annual license fees levied. 

Sec. 18-87. License fees for insurers insuring certain risks at additional business locations. 

Sec. 18-88. Agency license fees; independent agencies, brokers not otherwise licensed.

Sec. 18-89. Gross premiums tax imposed on life insurers. 

Sec. 18-90. Gross premiums tax for all other insurers. 

Sec. 18-91. Due date for license fees. 

Sec. 18-92. State insurance commissioner to receive copy of article. 

Secs. 18-93--18-115. Reserved. 

Article IV. Financial Institutions 

Sec. 18-116. Business license tax. 

Sec. 18-117. Due date; filing of return. 

Secs. 18-118--18-200. Reserved. 

Article V. Pool/Billiard Halls 

Sec. 18-201. Pool/billiard hall defined. 


Sec. 18-203. Closing hours. 

Sec. 18-204. Clear view of interior. 

Sec. 18-205. Posting of placard as to admission of minors. 

Sec. 18-206. Conduct of other business on premises. 

Sec. 18-207. Admission of persons under 18 years of age to pool halls, billiards rooms in which alcoholic beverages 

are sold and/or consumed.



ARTICLE II. OCCUPATION TAX 

Sec. 18-26. When required. 

For the year 1995 and succeeding years thereafter, each person engaged in any business, 

trade, profession or occupation in the city, whether with a location in the city, or in the case of an out-ofstate 

business with no location in this state exerting substantial efforts within the state pursuant to 

O.C.G.A. § 48-13-7, shall pay an occupation tax for the business, trade, profession or occupation, 

which tax and any applicable registration shall be displayed in a conspicuous place in the place of 

business, if the taxpayer has a permanent business location in the city. If the taxpayer has no 

permanent business location in the city, such business tax registration shall be shown to the city clerk 

or his deputies or to any police officer of the city upon request. 

(Ord. of 1-2-95, § 19-36) 


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: 

Administrative fee means a component of an occupational tax which approximates the 

reasonable cost of handling and processing the occupation tax. 

Dominant line means the type of business within a multiple line business that the greatest 

amount of income is derived from. 

Gross receipts means the total revenue of the business or practitioner for the period. 

(1) Gross receipts shall include, without limitation, the following: 

a. Total income without deduction for the cost of goods 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 for services rendered. 

e. Proceeds from rent, interest, royalty or divided income. 

(2) Gross receipts shall not include the following: 

a. Sales, use or excise tax. 

b. Sales returns, allowances and discounts. 

c. Interorganizational sales or transfers between or among the units of a parentsubsidiary 

controlled group of corporations as defined by 26 U.S.C. 1563(a)(1), 

or between or among the units of a brother-sister controlled group of corporations 

as defined by 26 U.S.C. 1563(a)(2). 

d. Payments made to a subcontractor or an independent agent. 

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 article, if such funds

constitute 80 percent or more of the organization's receipts. 

Location of office shall not include a temporary worksite which serves a single customer or 

project. 

Occupation tax means a tax levied on persons, partnerships, corporations or other entities for 

engaging in an occupation, profession or business for revenue raising purposes. 

Person includes sole proprietors, corporations, partnerships, nonprofit or any other form of 

business organization; but specifically excludes charitable nonprofit organizations which utilize at least 

50 percent of their proceeds for charitable purposes. 

Practitioner of profession or occupation means one who by state law requires a state license 

regulating such profession or occupation. The term "practitioner of profession and occupation" shall not 

include a practitioner who is an employee of a business, if the business pays an occupation tax. 

Regulatory fees means payments, whether designated as license fees, permit fees or by 

another name, which are required by a local government as an exercise of its police 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. A 

regulatory fee may not include an administrative fee. Development impact fees as defined by O.C.G.A. 

§ 36-71-2(8) or other costs or conditions of zoning or land development are not regulatory fees. 


Cross references: Definitions generally, § 1-2. 

Sec. 18-28. Administrative and regulatory fee structure; occupation tax structure. 

(a) A nonprorated, nonrefundable administrative fee of $35.00 shall be required on all business 

occupation tax accounts for the initial startup, renewal or reopening of those accounts. 

(b) A regulatory fee will be imposed as provided under O.C.G.A. § 48-13-9 on those applicable 

businesses. A regulatory fee may not include an administrative fee. 

(c) The regulatory fee schedule for persons in occupations and professions is as follows: 

(1) Plumbing subcontractor: $30.00 per location. 

(2) HVAC subcontractor: $30.00 per location. 

(3) Electrical subcontractor: $30.00 per location. 

(4) Sewer installation: $30.00 per location. 

(5) Roof installation: $30.00 per location. 

(6) Pawnshops: $120.00 per year. 


Sec. 18-29. Occupation tax levied; restrictions. 

(a) Levy; criteria. An occupation tax shall be levied upon those businesses and practitioners of 

professions and occupations with one or more locations or offices within the corporate limits of 

the city and upon the applicable out-of-state businesses with no location or office in this state 

pursuant to O.C.G.A. § 48-13-7 based upon the following criteria: Gross receipts of the business 

or practitioner in combination with the profitability ratio for the type of business, profession or 

occupation as measured by nationwide averages derived from statistics, classifications or other 

information published by the United States Office of Management and Budget, the United States

Internal Revenue Service or successor agencies of the United States. 

(b) Occupation tax schedule; profitability ratios in combination with gross receipts. The tax rate 

determined by profitability ratios in combination with gross receipts for each business, trade, 

profession or occupation shall be as follows and will be developed and updated from time to 

time by the city clerk's office. See section 18-63 for the businesses classified by profitability 

ratios. 

TABLE INSET: 

Profit class Tax class Tax rate on gross receipts 

1 1 1.00 

2 2 1.33 

3 3 1.66 

4 4 2.00 

5 5 2.33 

6 6 2.66 

(c) Restrictions. 


(1) No business or practitioner shall be required to pay more than one occupation tax 

for each of its locations. 

(2) No occupation tax will be required upon more than 100 percent of a business' gross 

receipts. 

(3) No occupation tax will be required on receipts on which such tax has been levied in 

other localities or states. 

(4) An occupation tax shall be required from real estate brokers, agents or companies 

whose offices are located outside the taxing jurisdiction and who sell property inside the 

taxing jurisdiction. 

(5) An occupation tax shall not be levied in any other manner except as described in 

this section. 

(6) Occupation taxes are limited to the gross receipts earned in the taxing jurisdiction. 

(7) Out-of-state businesses with no location in this state shall be assessed occupation 

taxes based on the gross receipts of the business as defined in O.C.G.A. § 14-13-7 (see 

section 18-27) which are reasonably attributed to sales or services in this state. 

Sec. 18-30. Paying tax of business with no location in the state. 

Registration and the assessment of an occupation tax is hereby imposed on those businesses 

and practitioners of professions with no location or office in the state if the business' largest dollar 

volume of business in the state is in the city and the business or practitioner: 


(1) Has one or more employees or agents who exert substantial efforts within the 

jurisdiction of the city 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 within 

the jurisdiction of the city.

Sec. 18-31. Line of business identified on registration. 

The business registration of each business operated in the city shall identify the dominant line of 

business that the business conducts. 


Sec. 18-32. Multiple locations considered separate businesses. 

Where a person conducts business at more than one fixed location, each location or place shall 

be considered a separate business for the purpose of occupation tax. 


Sec. 18-33. Professionals as classified in O.C.G.A. § 48-13-9(c)(1)--(18). 

(a) Practitioners of professions as described in O.C.G.A. § 48-13-9(c)(1)--(18) shall elect as 

their occupation tax one of the following: 

(1) The occupation tax based on gross receipts combined with profitability ratios as set 

forth in section 18-29. 

(2) A fee of $200.00 per practitioner who is licensed to provide the service, such tax to 

be paid at the practitioner's office or location; provided, however, that a practitioner 

paying according to this subsection shall not be required to provide information to the 

local government relating to the gross receipts of the business or practitioner. The perpractitioner 

fee applies to each person in the business who qualifies as a practitioner 

under the state's regulatory guidelines and framework. 

(b) This election is to be made on an annual basis and must be done by November 30 of each 

year. 


Sec. 18-34. Practitioners exclusively practicing for government. 

Any practitioner whose office is maintained by and who is employed in practice exclusively by 

the United States, the state, a municipality or county of the state, instrumentalities of the United States, 

the state or a municipality or county of the state, shall not be required to obtain a license or pay an 

occupation tax for that practice. 


Sec. 18-35. Purpose, scope of tax. 

The occupation tax levied in this article is for revenue purposes only and is not for regulatory 

purposes, nor is the payment of the tax made a condition precedent to the practice of any profession, 

trade or calling. The occupation tax only applies to those businesses and occupations which are 

covered by the provisions of O.C.G.A. §§ 48-13-5 to 48-13-26. All other applicable businesses and 

occupations are taxed by the local government pursuant to the pertinent general and/or local law and 

ordinance.


Sec. 18-36. When tax due and payable; transacting business when tax delinquent. 

(a) Each occupation tax shall be for the calendar year 1995 and succeeding calendar years 

thereafter unless otherwise specifically provided. The registration and occupation tax shall be 

payable January 1 of each year and shall, if not paid by March 1 of each year, be subject to 

penalties for delinquency as prescribed in this article. On any new profession, trade or calling 

begun in the city in 1995 or succeeding years thereafter, the registration and tax shall be 

delinquent if not obtained immediately upon beginning business and a ten-percent penalty 

imposed. The tax registration herein provided for shall be issued by the city clerk and if any 

person whose duty it is to obtain a registration shall, after the registration or occupation tax 

becomes delinquent, transact or offer to transact, in the city, any of the kind of profession, trade 

or calling subject to this article without having first obtained the registration, such offender shall, 

upon conviction by the city judge, be punished as provided in section 1-5. 

(b) In addition to the above remedies, the chief of police may proceed to collect in the same 

manner as provided by law for tax executions. 


Sec. 18-37. Allocation of gross receipts of business with locations inside and outside 

city. 

(a) For those businesses that have multiple locations inside and outside of the city where the 

gross receipts can be allocated to each location, the gross receipts used to determine the 

occupational tax assessed will be those gross receipts attributed to each city location. In the 

case where the dollar amount of gross receipts attributed locally cannot be determined in those 

businesses with multiple locations, the total gross receipts will be divided by the total number of 

locations in the city and elsewhere and allotted to those locations. Upon request, the business 

or practitioner with a location or office situated in more than one jurisdiction shall provide to the 

city the following: 

(1) Financial information necessary to allocate the gross receipts of the business or 

practitioner. 

(2) Information relating to the allocation of the business' or practitioner's gross receipts 

by other local governments. 

(b) Where the business has locations outside of the city and taxation is levied for a criteria 

other than gross receipts in the other local governments, the city shall not assess more than the 

allotted share of gross receipts for the local operation. 


Sec. 18-38. Exemption for business operated for charitable purpose. 

No business on which a business registration or occupation tax is levied by this article shall be 

exempt from the registration or tax on the ground that such business is operated for a charitable 

purpose, unless 50 percent or more of the entire proceeds from the business are devoted to such 

purpose. 

(Ord. of 1-2-95, § 19-48)

Sec. 18-39. Evidence of state registration required if applicable; display of state 

registration. 

(a) Each person who is licensed by the secretary of state pursuant to O.C.G.A. tit. 43 shall 

provide evidence of proper and current state licensure before the city registration may be 

issued. 

(b) Each person who is licensed by the state shall post the state license in a conspicuous 

place in the licensee's place of business and shall keep the license there at all times while the 

license remains valid. 


Sec. 18-40. Evidence of permits, bonds, other qualifications required if applicable. 

Any business required to obtain health permits, bonds, certificates of qualification, certificates of 

competency or any other regulatory matter shall first, before the issuance of a city business registration, 

show evidence that such requirements have been met. 


Sec. 18-41. Liability of officers, agents; registration required. 

All persons subject to the occupation tax levy pursuant to this article shall be required to obtain 

the necessary registration for the business as described in this article, and in default thereof the officer 

or agent soliciting for or representing such persons shall be subject to the same penalty as other 

persons who fail to obtain a registration. Every person commencing business in the city after January 1 

of each year shall likewise obtain the registration provided for in this article before commencing the 

business; and any person transacting, or offering to transact in the city, any of the kinds of business, 

trade, profession or occupation without first having so obtained the registration, shall be subject to 

penalties provided therefor. 


Sec. 18-42. Registration requirements. 

(a) Each registration under this article shall be for the calendar year in which the registration 

was obtained unless otherwise specifically provided. There is hereby imposed a penalty upon 

each business which fails to apply for and obtain an appropriate business registration and pay 

all tax and fees as provided in this article before March 1 of each year. Every person 

commencing business in the city after January 1 of each year shall obtain the registration 

required before commencing the business. Any person transacting or offering to transact in the 

city any business, trade, profession or occupation without first having obtained the registration 

shall be subject to the penalties provided in section 1-5. Such penalties shall be in addition to all 

other penalties, civil and criminal, provided in this article; and may be collected by the remedies 

provided in this article for collection of the occupation tax, and shall have the same lien and 

priority as the occupation tax to which the penalty is applied. 

(b) The registration provided for in this section shall be issued by the city clerk and if any 

person whose duty it is to obtain a registration shall, after the occupation tax becomes 

delinquent, transact or offer to transact, in the city, any of the kind of business, trade, profession 

or occupation without having first obtained the registration, such offender shall be subject to the

penalties provided therefor. 


Sec. 18-43. Subpoena and arresting powers of city officials. 

The city and its duly designated officer and inspectors or its successors shall be classified as 

deputy marshal-business inspector with full subpoena and arresting powers in conjunction with any 

violation pertaining to the business tax ordinance for 1995 and succeeding years thereafter. 


Sec. 18-44. Businesses not covered by article provisions. 

The following businesses are not covered by the provisions of this article but may be assessed 

an occupation tax or other type of tax pursuant to the provisions of other general laws of the state or by 

act of local law: 

(1) Those businesses regulated by the state public service commission. 

(2) Those electrical service businesses organized under O.C.G.A. tit. 46, ch. 3. 

(3) Any farm operation for the production from or on the land of agricultural products, 

but not including agribusiness. 

(4) Cooperative marketing associations governed by O.C.G.A. § 2-10-105. 

(5) Insurance companies governed by O.C.G.A. § 33-8-8. 

(6) Motor common carriers governed by O.C.G.A. § 46-7-15. 

(7) Those businesses governed by O.C.G.A. § 48-5-355. 

(8) Agricultural products and livestock raised in the state governed by O.C.G.A. § 48-5- 

356. 

(9) Depository financial institutions governed by O.C.G.A. § 48-6-93. 

(10) Facilities operated by a charitable trust governed by O.C.G.A. § 48-13-55. 


Sec. 18-45. Occupation tax inapplicable where prohibited or exempted by law. 

An occupation tax shall not apply to the gross receipts of any part of a business where such levy 

is prohibited or exempted by the laws of the state or of the United States. 


Sec. 18-46. Filing of return; determination of gross receipts. 

(a) All occupation taxes levied by this article shall be levied in accordance with the gross 

receipt brackets contained in section 18-62. 

(b) The owner, proprietor, manager or secretary officer of the business subject to the 

occupation tax of the current calendar year shall, at the end of the preceding year, and on or 

before March 1 of the current calendar year, file with the city clerk, on a form furnished by the

evenue collection officer, a signed return setting forth the amount of gross receipts of the 

business for the entire preceding calendar year, to be used as an estimate of the gross receipts 

for the current year. 

(c) Where a business subject to the occupation tax for the calendar year has been conducted 

for only a part of the preceding year, the amount of gross receipts for such part shall be set forth 

in the return. The return shall also show a figure putting the receipts for such part of a year on 

an annual basis, which figure shall bear the same ratio to the amount of gross receipts for such 

part year as the full year bears to such part. The figure shall be used as the estimate of the 

gross receipts of the business for the current calendar year. 


Sec. 18-47. Payment of tax; due date. 

The amount of occupation tax shall be payable to the city, at the office of the city clerk, on 

January 1 each year and shall be delinquent if not paid on or before March 1 each year. 


Sec. 18-48. Payment of tax by newly established businesses. 

In the case of a business subject to occupation tax for a calendar year, which was not 

conducted for any period of time in the corporate limits of the city in the preceding year, the owner, 

proprietor, manager or executive officer of the business liable for occupation tax shall estimate the 

gross volume of revenue from commencing date to the end of the calendar year and such tax shall be 

paid on the date of commencing business in the city. 


Sec. 18-49. More than one place or line of business; calculation of tax. 

Where a business is operated at more than one place or where the business includes more than 

one line, the gross receipts of each location will be entered on a separate occupation tax return and the 

tax will be calculated at the rate of the dominant line of business conducted by the business identified 

on a form to be furnished by the city clerk's office. 


Sec. 18-50. Filing of return showing actual gross receipts during calendar year. 

On or before March 1 of each year, the owner, proprietor, manager or executive officer of the 

business liable for the occupation tax levied for the year shall file with the city clerk's office, on a form 

furnished by the city, a sworn tax return setting forth the bracket shown in section 18-62 which 

corresponds to the gross receipts of his respective business. 


Sec. 18-51. Returns confidential. 

Except in the case of judicial proceedings or other proceedings necessary to collect the 

occupation tax levied in this article, it shall be unlawful for any officer, employee, agent or clerk of the

city or any other person to divulge or make known in any manner the amount of gross receipts 

or any particulars set forth or disclosed in any occupation tax return required under this article. All 

contents of the return shall be confidential and open only to the officials, employees, agents or clerks of 

the cityusing the returns for the purpose of the occupation tax levy and the collection of the tax. 

Independent auditors or bookkeepers employed by the city shall be classed as employees. Nothing in 

this section shall be construed to prohibit the publication by the city officials of statistics, so classified as 

to prevent the identification of particular reports or returns and items thereof, or the inspection of the 

records by duly qualified employees of the tax departments of the state or of the United States, 

andother local governments. 


Sec. 18-52. Inspections of books and records. 

In any case the city clerk, through officers, agents, employees or representatives, may inspect 

the books of the business for which the returns are made pursuant to this article. The revenue 

collection officer shall have the right to inspect the books or records for the business of which the return 

was made in the city and upon demand of the city clerk. Such books or records shall be submitted for 

inspection by a representative of the city within 30 days. Failure of submission of such books or records 

within 30 days shall be grounds for revocation of the tax registration currently existing to do business in 

the city. Adequate records shall be kept in the city for examination by the city clerk at his discretion. If, 

after examination of the books or records, it is determined that a deficiency exists, it shall bear interest 

at the rate of 12 percent per annum until paid in full. 


Sec. 18-53. Tax registration revoked for failure to pay tax, file returns, permit inspection 

of books. 

Upon the failure of any business to pay the occupation tax or any part thereof before it becomes 

delinquent, or upon failure to make any of the returns within the time required, or upon failure to make a 

true return, or upon failure to amend a return to set forth the truth, or upon failure to permit inspection of 

its books as provided in this article, any business tax registration granted by the city under this article 

permitting the owner of the business to do business in the city for the current year shall be ipso facto 

revoked. No new business tax registration shall be granted by the city for the operation of a business 

for which any part of the occupation tax provided for in this article is at that time unpaid, or to an 

individual, firm or corporation who has failed to submit adequate records as requested by the city clerk 

in accordance with provisions of section 18-50. 


Sec. 18-54. Failure to comply with article provisions; continuing in business after tax 

registration revoked. 

Any person, his managers, agents or employees, who do business in the city after the 

registration for the business has been revoked as provided in this article; any person, his managers, 

agents or employees, hereby required to make returns, showing the amount of gross receipts and who 

fail to make the returns within the time and in the manner provided in this article, or refuse to amend 

such returns so as to set forth the truth, or who shall make false returns; and any person, his managers, 

agents or employees who refuse to permit an inspection of books in their charge when the officers, 

agents, employees or representatives of the city request such inspection, during business hours, for the 

purpose of determining the accuracy of the returns provided for in this article, shall be subject to 

penalties provided in section 1-5.


Sec. 18-55. Issuance of execution for delinquent tax. 

In addition to the other remedies provided in this article for the collection of the occupation tax 

levied in this article, the city clerk, upon any tax becoming delinquent and remaining unpaid, shall issue 

execution for the correct amount of the tax against the person liable for the tax, which execution shall 

bear interest at the rate of 12 percent per annum from the date when such tax becomes delinquent, and 

the lien shall cover the property of the person liable for the tax, all as provided by the ordinances and 

Charter of the city and the laws of the state. The lien of the occupation tax shall become fixed on and 

date from the time when the tax becomes delinquent. The execution shall be levied by the chief of 

police upon the property of the defendant located in the city, and sufficient property shall be advertised 

and sold to pay the amount of the execution, with interest and costs. All other proceedings in relation 

thereto shall be had as is provided by ordinances and Charter of the city and the laws of the state, and 

the defendant in the execution shall have rights of defense, by affidavit of illegality and otherwise, which 

are provided by the Charter of the city and the laws of the state in regard to tax executions. When a 

nulla bona entry has been entered by proper authority upon an execution issued by the city clerk 

against any person defaulting on the occupation tax, the person against whom the entry was made 

shall not be allowed or entitled to have or collect any fees or charges whatsoever for services rendered 

after the entry of the nulla bona. If, at any time after the entry of nulla bona has been made the person 

against whom the execution issues pays the tax in full together with all interest and costs accrued on 

the tax, the person may collect any fees and charges due him as though he had never defaulted in the 

payment of the taxes. 


Sec. 18-56. Amendment, repeal of provisions. 

This article shall be subject to amendment or repeal, in whole or in part, at any time and no such 

amendment or repeal shall be construed to deny the right of the council to assess and collect any of the 

taxes or other charges prescribed. The amendment may increase or lower the amounts and tax rates of 

any occupation and may change the classification thereof. The payment of any occupation tax provided 

for shall not be construed as prohibiting the levy or collection by the city of additional occupation 

taxesupon the same person, property or business. 


Sec. 18-57. Application of provisions to prior ordinance. 

This article does not repeal or affect the force of any part of any ordinance heretofore passed 

where taxes levied under such prior ordinance have not been paid in full. So much and such parts of 

ordinances heretofore and hereinafter passed as provided for the issuing and enforcing of execution for 

any tax or assessment required by such ordinances, or that imposed fines or penalties for the 

nonpayment of such tax, or for failure to pay regulatory fees provided for in the ordinances, or failure to 

comply with any other provisions hereof, shall continue and remain in force until such tax, regulatory 

fee or assessment shall be fully paid. 


Sec. 18-58. Enforcement.

It is hereby made the duty of the city clerk and the chief of police to see that the provisions of 

this article relating to occupation taxes are observed; and to summon all violators of the provisions to 

appear before the municipal court. It is hereby made the further duty of the city clerk to inspect all 

registrations issued by the city, as often as in his judgment it may seem necessary to determine 

whether the registration held is the proper one for the business sought to be transacted thereunder. 


Sec. 18-59. Provisions remain in full force and effect until changed by council. 

This article shall remain in full force and effect until changed by amendment adopted by the 

council. All provisions relating to any form of tax levied in this article shall remain in full force and effect 

until such taxes have been paid in full. 


Sec. 18-60. Requirement of public hearing before tax increase. 

After January 1, 1996, the city council shall conduct at least one public hearing before adopting 

any ordinance or resolution which will increase the rate of occupation tax as set forth in this article. 


Sec. 18-61. Conflicts between specific and general provisions. 

Where there is an apparent conflict in this article between specific and general provisions, it is 

the intention of this article that the specific shall control. 


Sec. 18-62. Gross receipts brackets. 

The following gross receipts brackets shall be used in determining the amount of tax due under 

this article: 

TABLE INSET: 

Bracket Range in dollars 

1 $ 0.00 -- $ 9,999.99 

2 10,000.00 -- 24,999.99 

3 25,000.00 -- 49,999.99 

4 50,000.00 -- 74,999.99 

5 75,000.00 -- 99,999.99 

6 100,000.00 -- 149,999.99 

7 150,000.00 -- 199,999.99 

8 200,000.00 -- 249,999.99 

9 250,000.00 -- 299,999.99 

10 300,000.00 -- 349,999.99

11 350,000.00 -- 399,999.99 

12 400,000.00 -- 499,999.99 

13 500,000.00 -- 599,999.99 

14 600,000.00 -- 699,999.99 

15 700,000.00 -- 799,999.99 

16 800,000.00 -- 899,999.99 

17 900,000.00 -- 999,999.99 

18 1,000,000.00 -- 1,249,999.99 

19 1,250,000.00 -- 1,499,999.99 

20 1,500,000.00 -- 1,749,999.99 

21 1,750,000.00 -- 1,999,999.99 

22 2,000,000.00 -- 2,249,999.99 

23 2,250,000.00 -- 2,499,999.99 

24 2,500,000.00 -- 2,749,999.99 

25 2,750,000.00 -- 2,999,999.99 

26 3,000,000.00 -- 3,249,999.99 

27 3,250,000.00 -- 3,499,999.99 

28 3,500,000.00 -- 3,749,999.99 

29 3,750,000.00 -- 3,999,999.99 

30 4,000,000.00 -- 4,249,999.99 

31 4,250,000.00 -- 4,499,999.99 

32 4,500,000.00 -- 4,749,999.99 

33 4,750,000.00 -- 4,999,999.99 

34 5,000,000.00 -- 5,499,999.99 

35 5,500,000.00 -- 5,999,999.99TABLE INSET: 

36 6,000,000.00 -- 6,499,999.99 

37 6,500,000.00 -- 6,999,999.99 

38 7,000,000.00 -- 7,499,999.99 

39 7,500,000.00 -- 7,999,999.99 

40 8,000,000.00 -- 8,499,999.99 

41 8,500,000.00 -- 8,999,999.99 

42 9,000,000.00 -- 9,499,999.99 

43 9,500,000.00 -- 9,999,999.99 

44 10,000,000.00 -- 14,999,999.99 

45 15,000,000.00 -- 19,999,999.99 

46 20,000,000.00 -- 29,999,999.99 

47 30,000,000.00 -- 44,999,999.99 

48 45,000,000.00 -- 69,999,999.99 

49 70,000,000.00 -- 99,999,999.99 

50 100,000,000.00 and over 

State law requires that this information be kept confidential.

(Ord. of 1-2-95, app. A) 

Sec. 18-63. Schedule of businesses classified by profitability ratios. 

The following schedule shows businesses classified by profitability ratios (six classes): 

TABLE INSET: 

SIC 

Code 

Business description 

01 Agricultural production--crops 4 

02 Agricultural production--livestock 4 

07 Agricultural services 3 

08 Forestry 3 

09 Fishing, hunting and trapping 3 

10 Metal mining 5 

11 Anthracite mining 2 

12 Bituminous coal and lignite mining 2 

13 Oil and gas extraction 5 

14 Mining and quarrying of nonmetallic minerals, except fuels 4 

15 Building construction--general contractors 1 

16 Heavy construction other than building--contractors 2 

17 Construction--special trade contractors 2 

20 Manufacturing--food and kindred products 3 

22 Manufacturing--textile mill products 2 

23 Manufacturing--apparel and other finished textile products 3 

24 Manufacturing--lumber and wood products, except furniture 2 

25 Manufacturing--furniture and fixtures 2 

26 Manufacturing--paper and allied products 4 

27 Manufacturing--printing, publishing and allied industries 4 

28 Manufacturing--chemicals and allied products 5 

29 Manufacturing--petroleum and related products 4 

30 Manufacturing--rubber and miscellaneous plastic products 3 

31 Manufacturing--leather and leather products 3 

32 Manufacturing--stone, clay, glass and concrete products 4 

33 Manufacturing--primary metal industries 2 

34 

Manufacturing--fabricated metal products, except machinery and 

transportation equipment 

3 

35 Manufacturing--machinery, except electrical 5 

36 

Manufacturing--electronic and other electrical machinery, equipment 

and supplies, except computer equipment 

4 

37 Manufacturing--transportation equipment 1 

Tax class 

by 

six 

classes

38 

Manufacturing--measuring, analyzing and controlling instruments; 

photographic, medical and optical goods; watches and clocks 

39 Manufacturing--miscellaneous manufacturing industries 4 

40 Railroad transportation 3 

41 

Local and suburban transit and interurban highway passenger 

transportation 

1 

42 Motor freight transportation and warehousing 1 

45 Transportation by air 1 

46 Pipelines, except natural gas 6 

47 Services incidental to transportation 1 

48 Communication 5 

49 Electric, gas and sanitary services (utilities) 5 

50 Wholesale trade--durable goods 1 

51 Wholesale trade--nondurable goods 1 

52 

Retail trade--building materials, hardware, garden supply and 

mobile home dealers 

1 

53 Retail trade--general merchandise stores 2 

54 Retail trade--food stores 1 

55 Retail trade--automotive dealers and gasoline service stations 1 

56 Retail trade--apparel and accessory stores 2 

57 Retail trade--home furniture, furnishings and equipment stores 1 

58 Retail trade--eating and drinking places 2 

59 Retail trade--miscellaneous, not elsewhere classified 1 

60 Banking 6 

61 Credit--extending agencies other than banks 6 

62 

Security and commodity brokers, dealers, exchanges and services 

5 

63 Insurance carriers (underwriters) 2 

64 Insurance agents, brokers and services 5 

65 Real estate 5 

67 Holding companies and other investment offices 6 

70 Services--hotels, roominghouses, camps and other lodging places 2 

72 Services--personal 3 

73 Services--business 3 

75 Automotive repair, services and parking 2 

76 Miscellaneous repair services 3 

78 Services--motion pictures 3 

79 Services--amusement and recreation, except motion pictures 5 

80 Health services 2 

81 Legal services 4 

82 Educational services and schools 3 

83 Social services 2 

86 Membership organizations 1 

5

87 Professional services 4 

89 Services not elsewhere classified 4 

99 Nonclassifiable establishments 1 

(Ord. of 1-2-95, app. B) 


Any person violating any provisions of this article shall, upon conviction before the city judge, be 

punished as provided in section 1-5. 



ARTICLE III. INSURERS 

Sec. 18-86. Annual license fees levied. 

There is hereby levied for the year 2002 and for each year thereafter an annual license fee upon 

each insurer doing business within the city in the amount of $25.00. For each separate business 

location in excess of one not covered by section 18-87, which is operating on behalf of such insurers 

within the city, there is hereby levied a license fee in the amount of $25.00. For the purposes of this 

section, the term "insurer" means a company which is authorized to transact business in any of the 

classes of insurance designated in O.C.G.A. § 33-3-5. 

(Ord. No. 2-5-30, § 1, 12-5-94; Ord. No. 01-07, § 1, 11-26-2001) 

Sec. 18-87. License fees for insurers insuring certain risks at additional business 

locations. 

For each separate business location not otherwise subject to a license fee under this article, 

operated and maintained by a business organization which is engaged in the business of lending 

money or transacting sales involving term financing and in connection with such loans or sales offers, 

solicits or takes application for insurance through a licensed agent of an insurer for insurance the 

insurer shall pay an additional license fee of $10.00 per location for the year 2002 and for each year 

thereafter. 

(Ord. No. 2-5-30, § 2, 12-5-94; Ord. No. 01-07, § 2, 11-26-2001) 

Sec. 18-88. Agency license fees; independent agencies, brokers not otherwise licensed. 

There is hereby levied for the year 1995 and for each year thereafter an annual license fee upon 

independent agencies and brokers for each separate business location from which an insurance 

business is conducted and which is not subject to the company license fee imposed by section 18-86 in 

the amount of $25.00 for each such location within the city. 

(Ord. No. 2-5-30, § 3, 12-5-94) 

Sec. 18-89. Gross premiums tax imposed on life insurers. 

There is hereby levied for the year 2002 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 in an amount equal to one percent of the gross direct premiums received during the preceding 

calendar year in accordance with O.C.G.A. § 33-8-8.1. Gross direct premiums as used in this section 

shall mean gross direct premiums as used in O.C.G.A. § 33-8-4. The premium tax levied by this section 

is in addition to the license fees imposed by section 18-86. 

(Ord. No. 2-5-30, § 4, 12-5-94; Ord. No. 01-07, § 3, 11-26-2001) 

Sec. 18-90. Gross premiums tax for all other insurers. 

There is hereby levied for the year 2002 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 O.C.G.A. § 33-3-5(1), doing business within the state in an amount 

equal to 2 1/2 percent of the gross direct premiums received during the preceding calendar year in 

accordance with O.C.G.A. § 33-8-8.2. Gross direct premiums as used in this section shall mean gross 

direct premiums as used in O.C.G.A. § 33-8-4. The premium tax levied by this section is in addition to 

the license fees imposed by section 18-86. 

(Ord. No. 2-5-30, § 5, 12-5-94; Ord. No. 01-07, § 4, 11-26-2001) 

Sec. 18-91. Due date for license fees. 

License fees imposed in sections 18-86 and 18-87 of this article shall be due and payable on 

January 1, 2002, and on January 1 of each subsequent year. 

(Ord. No. 2-5-30, § 6, 12-5-94; Ord. No. 01-07, § 5, 11-26-2001) 

Sec. 18-92. State insurance commissioner to receive copy of article. 

The city clerk is hereby directed to forward a duly certified copy of this article to the insurance 

commissioner of the state within 45 days of its enactment. 

(Ord. No. 2-5-30, § 7, 12-5-94) 


ARTICLE IV. FINANCIAL INSTITUTIONS 

Sec. 18-116. Business license tax. 

Pursuant to O.C.G.A. § 48-6-93 there is hereby levied for the year 1984, and for each year 

thereafter, an annual business license tax upon state and national banking associations, federal 

savings and loan associations and state building and loan associations a business license tax at the 

rate of 0.25 percent of the gross receipts of the institutions. Gross receipts shall mean gross receipts as 

defined in O.C.G.A. § 48-6-93. Notwithstanding any other provisions of this article the minimum amount 

of businesslicense tax due from any depository financial institution pursuant to this article shall be 

$1,000.00 per year. 

(Ord. of 12-6-83(1), § 1) 

Sec. 18-117. Due date; filing of return. 

(a) Each depository financial institution within the city shall file a return of its gross receipts with 

the city on March 1 of the year following the year in which such gross receipts were measured. 

The returns shall be in the manner and the form prescribed by the commissioner of the 

department of banking and shall be based upon the allocation method set forth in O.C.G.A. § 

48-6-93(d). The tax levied pursuant to this article shall be assessed and collected based upon 

the information provided in the return. 

(b) The due date of taxes levied by this article shall be April 1, 1984, and April 1 of each 

subsequent year. 


Secs. 18-118--18-200. Reserved.

ARTICLE V. POOL/BILLIARD HALLS 

Sec. 18-201. Pool/billiard hall defined. 

For the purposes of this Code section, the term pool/billiard hall shall mean: the operation of any 

business within the jurisdiction of this city in which said business offers for use by its customers two or 

more billiard tables for free or a fee. 



No person shall keep, operate or maintain for profit a billiard table, pool table or any other tables 

of like character for use of the public, whether alone or in connection with another business, without first 

obtaining a license. 


Sec. 18-203. Closing hours. 

No person operating a pool or billiard hall covered by the provisions of this article shall permit 

any table to be played upon after 12:00 midnight Sunday through Saturday. Such playing shall be 

prohibited until 8:00 a.m. each day. If operated in conjunction with any other business, the 

proprietor/operator/owner shall keep dark and not allow public access to that part of the business in 

which the pool or billiard tables are located before and after business hours. 


Sec. 18-204. Clear view of interior. 

It shall be unlawful for the owner, keeper, employee, or manager of any pool or billiard hall in 

the city to keep any blinds, screens, posters, signs, or other obstructions, or partitions in the doors or 

windows of such place. All pool tables and billiard tables shall be located so that they can be seen by 

passersby, and such owner, keeper, employee, or manager shall not construct any partitions or 

obstructions which will obstruct the clear view thereof. 


Sec. 18-205. Posting of placard as to admission of minors. 

Every licensee under this article shall post, in the room where the billiard tables are operated, a 

placard with the language of section 6-30, alcoholic beverages, conspicuously written thereon for the 

information of his or her patrons. 


Sec. 18-206. Conduct of other business on premises.

No owner, keeper or manager of any pool/billiard hall shall operate or permit anyone else to 

operate any other kind or class of business in the same room where such tables are located. 


Sec. 18-207. Admission of persons under 18 years of age to pool halls, billiards rooms 

in which alcoholic beverages are sold and/or consumed. 

(a) It shall be unlawful for any person under the age of 18 years to play pool or billiards in, or 

for any other purpose to enter or remain in, a pool or billiard room in which beer, wine or 

alcoholic beverages are offered for sale or consumed. 

(b) It shall be the duty of the owners and operators and their lawful agents to verify the age of 

all persons entering such establishments. Failure to check identification and/or to allow persons 

under the age of 18 to enter said establishment shall be unlawful and punishable as a 

misdemeanor. 

(Ord. of 6-15-98)


Chapter 22 CABLE COMMUNICATIONS* 

__________ 

*Editor's note: This chapter is derived from an ordinance adopted on March 28, 1980. The grantee 

accepted the franchise on that date. 

Cross references: Buildings and building regulations, ch. 14; businesses, ch. 18; fire prevention and 

protection, ch. 34; streets, sidewalks and other public places, ch. 58; taxation, ch. 62; utilities, ch. 70; 

zoning, ch. 74. 

__________ 

Sec. 22-1. Title. 

Sec. 22-2. Preamble. 


Sec. 22-4. Grant of authority. 

Sec. 22-5. Exercise of police power; rights of city retained. 

Sec. 22-6. Indemnification. 

Sec. 22-7. Construction and maintenance of system. 

Sec. 22-8. FCC rules applicable. 

Sec. 22-9. Franchise term. 

Sec. 22-10. Renewal procedure. 

Sec. 22-11. Forfeiture. 

Sec. 22-12. Surrender of rights. 

Sec. 22-13. Transfers. 

Sec. 22-14. Franchise fee. 

Sec. 22-15. Customer service; complaint procedure. 

Sec. 22-16. Construction schedule. 

Sec. 22-17. Rate schedules. 

Sec. 22-18. Receiver sales, repair prohibited. 

Sec. 22-19. Acceptance. 

Sec. 22-20. Regulation of basic service rates and charges by city. 

Sec. 22-21. Unlawful acts. 

Sec. 22-22. Severability. 

Sec. 22-23. Effective date. 

Sec. 22-1. Title. 

This chapter shall be known and may be cited as a cable television franchise. 

(Code 1980, § 7-3-1) 

Sec. 22-2. Preamble. 

This chapter was passed after a full, open and public hearing upon prior notice and opportunity 

of all interested parties to be heard and upon careful consideration of the grantee's qualifications, 

including its legal, character, financial and technical qualifications, and the adequacy and feasibility of 

its construction arrangements. 

(Code 1980, § 7-3-2) 


The following words, terms and phrases, when used in this chapter, shall have the meanings 

ascribed to them in this section, except where the context clearly indicates a different meaning:

City means the City of Senoia, a municipal corporation under the laws of the State of Georgia. 

City council means the city council or its designated representative. 

Federal Communications Commission or FCC means the present federal agency of that name 

as constituted by the Communications Act of 1934, or any successor agency created by the United 

States Congress. 

Grantee means Peach State Cablevision, or its designee subsidiary, a corporation organized 

and existing under the laws of the state, and it is the grantee of rights under this franchise. 

Gross subscriber revenues includes any and all compensation or receipts derived by the 

grantee from installation, disconnection and reinstallation charges and periodic service charges in 

connection with the carriage of broadcast signals and FCC-mandated nonbroadcast services within the 

city, but shall not include any refunds or credits made to subscribers or any taxes imposed upon the 

services furnished by the grantee. It shall not include revenue from ancillary or auxiliary services, which 

include, but are not limited to, advertising, leased channels, and programming supplied on a perprogram 

or per-channel charge basis, if any. 

Person means any individual, firm, partnership, association, corporation, company or 

organization of any kind. 

Regular subscriber services means the carriage of broadcast signals and FCC-mandated 

nonbroadcast services, but shall not include ancillary or auxiliary services, which include, but are not 

limited to, advertising, leased channels and programming supplied on a per-program or per-channel 

charge basis, if any. 

(Code 1980, § 7-3-3) 


Sec. 22-4. Grant of authority. 

There is hereby granted by the city to the grantee the right and privilege to construct, erect, 

operate and maintain in, upon, along, across, above, over or under the streets, alleys, easements, 

public ways and public places now laid out or dedicated and all extensions thereof and additions 

thereto in the city, all poles, wires, cables, underground conduits, manholes and other conductors and 

fixtures necessary for the maintenance and operation in the city of a cable television system for the 

transmission oftelevision signals and all other signals permitted by the FCC, either separately or upon 

or in conjunction with any public utility maintaining them in the city, with all the necessary and desirable 

appliances and appurtenances pertaining thereto. Without limiting the generality of the foregoing, this 

franchise and grant shall and does hereby include the right in, over, under and upon the streets, 

sidewalks, alleys, easements and public grounds and places in the city to install, erect, operate or in 

any wayacquire the use of, as by leasing or licensing, all lines and equipment necessary to a cable 

television system and the right to make connections to subscribers and the right to repair, replace, 

enlarge and extend such lines, equipment and connections. The rights granted in this chapter for the 

purposes set forth in this chapter shall not be exclusive, and the city reserves the right to grant a similar 

use of the streets, alleys, easements, public ways and places to any person at any time during the 

periodof the franchise; provided, however, that nothing contained in this section shall be deemed to 

require the granting of an additional CATV franchise if, in the opinion of the city council, it is in the 

public interest to restrict such franchises to one or more. 

(Code 1980, § 7-3-4) 

Sec. 22-5. Exercise of police power; rights of city retained.

The grantee shall at all times during the term of the franchise be subject to all lawful exercise of 

the police power of the city. The right is hereby reserved to the city to adopt, in addition to the 

provisions contained in this chapter and any other existing applicable ordinances, such additional 

applicable ordinances as it shall find necessary in the exercise of its police power; provided, however, 

that such additional ordinances shall be reasonable, shall not conflict with or alter in any manner the 

rights granted in this chapter, and shall not conflict with the laws of the state, the laws of the United 

States of America, or the rules, regulations and policies of the FCC. 

(Code 1980, § 7-3-5) 

Sec. 22-6. Indemnification. 

The grantee shall save the city harmless from all loss sustained by the city on account of any 

suit, judgment, execution, claim or demand whatsoever against the city resulting from negligence on 

the part of the grantee in the construction, operation or maintenance of its cable television system in the 

city; and for this purpose the grantee shall carry property damage and personal injury insurance with 

some responsible insurance company qualified to do business in the state. The amounts of such 

insurance tobe carried for liability due to property damage shall be $100,000.00 as to any one 

occurrence; and against liability due to injury to or death of person, $100,000.00 as to any one person 

and $300,000.00 as to any one occurrence. The city shall notify the grantee, in writing, within ten days 

after the presentation of any claim or demand, either by suit or otherwise, made against the city on 

account of any negligence as aforesaid on the part of the grantee. Where any such claim or demand 

against the city is made by suit or other legal action, written notice thereof shall be given by the city to 

the grantee not less than five days prior to the date upon which an answer to such legal action is due or 

within ten days after the claim or demand is made upon the city, whichever notice period yields the 

grantee the larger amount of time within which to prepare an answer. Failure by the city to notify the 

grantee properly in accordance with the foregoing of any such claim, suit or demand against the city 

shall releasethe grantee from its obligation to indemnify the city as provided in this section. 

(Code 1980, § 7-3-6) 

Sec. 22-7. Construction and maintenance of system. 

(a) All structures, lines and equipment erected by the grantee within the city shall be so located 

as to cause minimum interference with the proper use of streets, alleys, easements and other 

public ways and places to cause minimum interference with the rights or reasonable 

convenience of property owners, and the grantee shall comply with all reasonable, proper and 

lawful ordinances of the city now or hereafter in force. Existing poles, posts, conduits and other 

such structures of an electric power system, telephone company or other public utility located in 

the city shall be made available to the grantee for leasing or licensing upon reasonable terms 

and shall be used to the extent practicable in order to minimize interference with travel and 

avoid unnecessary duplication of facilities. The city shall actively assist the grantee to the fullest 

extent necessary in obtaining reasonable joint pole or conduit use agreements from the owners 

of existing poles or conduits. To the extent that existing poles, posts, conduits and other such 

structures are not available, or are not available under reasonable terms and conditions, 

including excessive cost or unreasonable limitation upon the use of the grantee's cable 

television system, the grantee shall have the right to purchase, lease or in any other way 

acquire land or rights-of-way upon or under which to erect and maintain its own poles, conduits 

and other such structures as may be necessary for the construction and maintenance of its 

cable television system. 

(b) In case of any disturbance by the grantee of pavement, sidewalk, driveway or other 

surfacing, the grantee shall, at its own cost and expense and in a manner approved by the city, 

replace and restore all paving, sidewalk, driveway or surface so disturbed in as good condition

as before the work was commenced. 

(c) If at any time during the period of the franchise the city shall lawfully elect to alter or change 

any street, alley, easement or other public way requiring the relocation of the grantee's facilities, 

the grantee, upon reasonable notice by the city, shall remove, relay and relocate the same at its 

own expense; provided, however, that where public funds are available for such relocation 

pursuant to law, the grantee shall not be required to pay the cost. 

(d) The grantee shall, on the request of any person holding a building moving permit issued by 

the city, temporarily raise or lower its lines to permit the moving of the building. The expense of 

such temporary removal shall be paid by the person requesting it, and the grantee shall have 

the authority to require the payment in advance. 

(e) The grantee shall have the authority to trim trees upon and overhanging all streets, alleys, 

easements, sidewalks and public places of the city so as to prevent the branches of the trees 

from coming into contact with the grantee's facilities. 

(f) All poles, lines, structures and other facilities of the grantee in, on, over and under the 

streets, sidewalks, alleys, easements and public grounds or places of the city shall be kept by 

the grantee at all times in a safe and substantial condition. 

(Code 1980, § 7-3-7) 

Sec. 22-8. FCC rules applicable. 

The franchise is governed by and subject to all applicable rules, regulations and policies of the 

Federal Communications Commission, specifically including Part 76, and by the laws of the state. 

Should there be any modifications of the provisions of Part 76 of the Rules and Regulations of the 

Federal Communications Commission, specifically including section 76.31, that must be incorporated in 

this franchise, the city and the grantee agree that such incorporation shall be accomplished within one 

year after the effective date of the FCC's adoption of the modification or upon renewal of the franchise, 

whichever comes first. 

(Code 1980, § 7-3-8) 

Sec. 22-9. Franchise term. 

The franchise shall take effect and be in full force from and after acceptance by the grantee as 

provided in section 22-19, and shall continue in full force and effect for a term of 15 years; provided, 

however, that should FCC certification be necessary in connection with implementation or continuation 

of the cable television service contemplated by the franchise, the term shall begin upon the effective 

date of the grant by the FCC of the necessary certification. 

(Code 1980, § 7-3-9) 

Sec. 22-10. Renewal procedure. 

The grantee shall have the unlimited option to renew the franchise for an additional period not to 

exceed five years. Should the grantee desire to exercise this option, it shall so notify the city, in writing, 

not less than three months prior to expiration of the franchise. 

(Code 1980, § 7-3-10) 

Sec. 22-11. Forfeiture.

If the grantee should violate any of the terms, conditions, or provisions of the franchise or if the 

grantee should fail to comply with any reasonable provisions of any ordinance of the city regulating the 

use by the grantee of the streets, alleys, easements or public ways of the city, and should the grantee 

further continue to violate or fail to comply with the same for a period of 30 days after the grantee has 

been notified in writing by the city to cease and desist from any such violation or failure to comply so 

specified, the grantee may be deemed to have forfeited and annulled and shall thereby forfeit and annul 

all the rights and privileges granted by the franchise; provided, however, that such forfeiture shall be 

declared only by written decision of the city council after an appropriate public proceeding before the 

city council affording the grantee due process and full opportunity to be heard and to respond to any 

such notice of violation or failure to comply. The city council may, in its discretion and upon a finding of 

violation or failure to comply, impose a lesser penalty than forfeiture of the franchise or excuse the 

violation or failure to comply upon a showing by the grantee of mitigating circumstances. The grantee 

shall have the right to appeal any findings of violation or failure to comply and any resultant penalty to 

any court of competent jurisdiction. If forfeiture is imposed upon the grantee, it shall be afforded a 

period of six months within which to sell, transfer or convey the cable television system to a qualified 

purchaser at fair market value. During this six-month period, which shall run from the effective date of 

the final order or decision imposing forfeiture, including any appeal, the grantee shall have the right to 

operate the cable television system pursuant to the provisions of the franchise. 

(Code 1980, § 7-3-11) 

Sec. 22-12. Surrender of rights. 

The grantee may surrender the franchise at any time upon filing with the city clerk a written 

notice of its intention to do so at least three months before the surrender date. On the surrender date 

specified in the notice, all of the rights and privileges and all of the obligations, duties and liabilities of 

the grantee in connection with the franchise shall terminate. 

(Code 1980, § 7-3-12) 

Sec. 22-13. Transfers. 

All of the rights and privileges and all of the obligations, duties and liabilities created by the 

franchise shall pass to and be binding upon the successors of the city and the successors and assigns 

of the grantee, and shall not be assigned or transferred without the written approval of the city council, 

which approval shall not be unreasonably withheld. However, this section shall not prevent the 

assignment or hypothecation of the franchise by the grantee as security for debt without such approval. 

Transfers or assignments of the franchise between any parent and subsidiary corporation or between 

entities of which at least 50 percent of the beneficial ownership is held by the same person or entity 

shall be permitted without the prior approval of the city council. 

(Code 1980, § 7-3-13) 

Sec. 22-14. Franchise fee. 

The grantee shall pay the city an annual fee of four percent of its gross revenues derived from 

the supplying of regular, basic cable subscriber service; provided, however, that the annual fee shall in 

no event exceed three percent of the grantee's gross revenues per year from all cable services in the 

community. If subsequent to the granting of the franchise the FCC authorizes and/or approves an 

increase in the annual fee over and above the three-percent rate the grantee shall pay the city the 

increased fee, upon notification of the grantee by the city, provided the annual fee shall not be in 

excess of four percent. Such annual sum shall be payable one-half thereof at the end of each

semiannual period. The semiannual anniversary shall be June 30 and December 31 of each 

year, and each semiannual payment shall be paid within 60 days thereafter. All other license fees or 

taxes levied upon the grantee by the city shall be credited against the payment required in this section. 

(Code 1980, § 7-3-14) 

Sec. 22-15. Customer service; complaint procedure. 

The grantee shall maintain a business office or a toll-free telephone listing in the city for the 

purpose of receiving inquiries and complaints from its customers and the general public. The grantee 

shall investigate all complaints within five days of their receipt and shall in good faith attempt to resolve 

them swiftly and equitably. The mayor shall be responsible for receiving and acting upon any 

unresolved complaints. Notice of this complaint procedure, including the identity of the city official 

responsible for receiving unresolved complaints, shall be given to each subscriber at the time of initial 

subscription to the cable system. 

(Code 1980, § 7-3-15) 

Sec. 22-16. Construction schedule. 

Should any construction be necessary for the grantee to provide the cable television service 

authorized by the franchise, a significant portion of such construction (at least 50 percent) shall be 

accomplished within one year after the effective date of this chapter, or, if FCC certification is required 

prior to implementation of the cable television service authorized by the franchise, within one year after 

the effective date of the grant by the FCC of the necessary certification. Thereafter, the grantee shall 

equitably and reasonably proceed to complete the necessary construction at a rate of not less than 25 

percent per year of the total construction authorized by the franchise. 

(Code 1980, § 7-3-16) 

Sec. 22-17. Rate schedules. 

(a) The initial rates for installation of equipment and regular subscriber services shall be 

nondiscriminatory and shall be as set forth below; provided, however, that nothing contained in 

this section shall be deemed to prohibit reasonable promotional rates which may, from time to 

time, be less than the rates set forth as follows: 

TABLE INSET: 

(1) 

Residential subscribers: 

a. 

b. 

c. 

d. 

e. 

Basic service.......... $ 8.50 

Family package.......... 

Sports package.......... 

Variety package.......... 

7.00 (optional) 2 

channels 


channels 


channels 

Premium channel.......... 8.00 (optional) 1 

channel

(2) 

Extra sets: 

a. 

Basic.......... $ 2.00 

b. 

c. 

d. 

e. 

Family package.......... 4.00 

Sports package.......... 1.50 

Variety package.......... 1.50 

Premium channel.......... 6.00 

Installation fees: 

a. 

b. 

c. 

d. 

e. 

Basic service.......... $15.00 

Family, variety or sports package.......... 10.00 

Premium channel.......... 10.00 

Extra sets, each.......... 7.00 

Convertor deposit, (refundable interest-bearing 

deposit).......... 

25.00 

(b) No increase in the rates charged for the installation of equipment and regular subscriber 

services as specified above shall be made effective without notification to the city council 90 

days prior to effective date of the increase so that the city council may have, if it deems it 

necessary, a full, open and public proceeding and grant an opportunity to all interested parties 

to be heard; provided, however, that if the city council does not call for a public hearing within 

the 90-day notice period, the proposed increase shall be effective at the end of the 90-day 

notice period. Approval or disapproval by the city council of any rate increase proposed by the 

grantee may be expressed by simple resolution, and this chapter need not be amended for that 

purpose. A proposed rate increase shall not be unreasonably denied, and any denial of a rate 

increase, in whole or in part, shall be accomplished by a written statement by the city council 

which shall set forth the reasons for denial. If the city council denies a proposed rate increase, in 

whole or in part, the grantee shall have the right to request arbitration, in accordance with rules 

of the American Arbitration Association, to determine the reasonableness of the city council's 

action, or, at its option, the grantee shall have the right to request review of the denial by any 

court of competent jurisdiction. 

(c) Recognizing that Public Law 94-553 has established copyright liability for cable television 

systems which may be increased after the grant of the franchise by action of the United States 

Copyright Royalty Tribunal, and further recognizing the uncertainty and jeopardy into which 

such potential additional copyright liability places the grantee, should such additional copyright 

liability be imposed upon the grantee by the Copyright Royalty Tribunal, the grantee shall have 

the right to increase its rates for regular subscriber services in order to offset such additional 

copyright liability. Any increase in the grantee's rate schedule pursuant to this subsection shall 

be limited to the amount of the additional copyright liability imposed. Such increase shall not be 

subject to the procedures specified in subsection (b) of this section and shall become effective 

ten days after notice of the increase is given to the city council together with a certification that 

the increase is due solely to the imposition of additional copyright liability and that the increase

is limited to an amount necessary to cover the amount of the additional liability. 

(d) Prior approval of the city council need not be obtained for any increase in rates charged for 

installation of equipment and regular subscriber services resulting from the imposition of or an 

increase in taxes and license charges imposed upon cable television facilities, services, 

operations or income; provided, however, that any such increase in rates shall be limited to an 

amount necessary to offset the aforesaid imposition of or increase in taxes or license charges. 

Any such increase shall become effective ten days after notice of the increase is given to the 

city council together with a certification that the increase is due solely to the imposition of or 

increase in taxes or license charges. 

(e) Prior approval of the city council need not be obtained for any increase in rates charged for 

installation of equipment and regular subscriber services that does not exceed five percent in 

any one 12-month period; provided, however, that any increase in rates pursuant to this 

provision shall not be in excess of the increase, if any, in the consumer price index applicable to 

the same 12-month period. Any such increase shall become effective ten days after notice of 

the increase is given to the city council together with a certification that the increase is limited to 

five percent or less of the grantee's existing rate schedule for installation of equipment and 

regular subscriber services, or that the increase is limited to the increase in the consumer price 

index for the applicable 12-month period, whichever is the lesser. 

(f) Rates for services other than installation of equipment and regular subscriber services shall 

be established and published by the grantee pursuant to the rules of the Federal 

Communications Commission. 

(Code 1980, § 7-3-17) 

Editor's note: The mayor and council adopted the following resolution on September 7, 1993: 

"1. The City will follow the FCC Rate Regulations in its regulation of the Basic Service Rates and 

Charges of the Company and any other cable television system operating in the City, notwithstanding 

any different or inconsistent provisions in the Franchise; and 

2. In connection with such regulation, the City will ensure a reasonable opportunity for consideration of 

the views of interested parties; and 

3. The Mayor, or his or her designee, is authorized to execute on behalf of the City and file with the 

FCC such certification forms or other instruments as are now or may hereafter be required by the FCC 

Rate Regulations in order to enable the City to regulate Basic Service Rates and Charges; and 

4. The Resolution shall be effective immediately." 

Sec. 22-18. Receiver sales, repair prohibited. 

As a condition of the franchise, the grantee agrees that it shall not engage in the business of 

sales or repair of television receivers owned by its subscribers; nor shall it be responsible for the 

operating condition of the receivers; provided, however, that this section shall not apply to convertors, 

decoders, home interactive terminals and other such devices as may be used in furnishing any 

programming or service via the grantee's cable television system. 

(Code 1980, § 7-3-18) 

Sec. 22-19. Acceptance. 

This chapter shall become effective when accepted by the grantee and shall then be and 

become a valid and binding contract between the city and the grantee; provided, however, that this 

chapter shall be void unless the grantee shall, within 90 days after the final passage of this chapter, file

with the city clerk a written acceptance of this chapter and the franchise herein granted, 

agreeing that it will comply with all of the provisions and conditions of this chapter and that it will refrain 

from doing allof the things prohibited by this chapter. 

(Code 1980, § 7-3-19) 

Sec. 22-20. Regulation of basic service rates and charges by city. 

(a) The city will follow the FCC rate regulations in its regulation of the basic service rates and 

charges of the grantee and any other cable television system operating in the city, 

notwithstanding any different or inconsistent provisions in the franchise. 

(b) In connection with such regulation, the city will ensure a reasonable opportunity for 

consideration of the views of interested parties. 

(c) The mayor or his designee is authorized to execute on behalf of the city and file with the 

FCC such certification forms or other instruments as are now or may hereafter be required by 

the FCC rate regulations in order to enable the city to regulate basic service rates and charges. 

(Res. of 9-7-93, § 3) 

Sec. 22-21. Unlawful acts. 

(a) It shall be unlawful for any person to make an unauthorized connection, whether physically, 

electrically, acoustically, inductively or otherwise, with any part of the grantee's cable television 

system for the purpose of enabling himself or others to receive any television signals, radio 

signals, pictures, programs, sounds or any other information or intelligence transmitted over the 

grantee's cable system without payment to the grantee or its lessee. 

(b) It shall be unlawful for any person, without the consent of the owner, to willfully tamper with, 

remove or injure any cable, wires or other equipment used for the distribution of television 

signals, radio signals, pictures, programs, sounds or any other information or intelligence 

transmitted over the grantee's cable system. 

(c) It shall be a misdemeanor, punishable as provided in section 1-5, for any person to violate 

any of the provisions of this section. 

(Code 1980, § 7-3-20) 

Sec. 22-22. Severability. 

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason 

held invalid or unconstitutional by any federal or state court or administrative or governmental agency of 

competent jurisdiction, specifically including the Federal Communications Commission, such portion 

shall be deemed a separate, distinct and independent provision, and such holding shall not affect the 

validity of the remaining portions of this chapter. 

(Code 1980, § 7-3-21) 

Sec. 22-23. Effective date. 

This chapter shall become effective upon acceptance by the grantee as provided in section 22- 

19. The effective date shall be the date upon which the written acceptance provided for in section 22-19 

is received by the city clerk.

(Code 1980, § 7-3-22)


Chapter 26 ELECTIONS* 

__________ 

*Cross references: Administration, ch. 2. 

__________ 

Sec. 26-1. Election officials. 

Sec. 26-2. Voter registration deadline. 

Sec. 26-3. Notice of candidacy; filing dates. 

Sec. 26-4. Qualification fees. 

Sec. 26-5. Challenge of name on electors' list. 

Sec. 26-6. Polling places. 

Sec. 26-7. Petition to contest results. 

Sec. 26-8. Plurality determines outcome. 

Sec. 26-1. Election officials. 

The mayor and council shall by resolution annually appoint a municipal election superintendent, 

election managers, registrars, absentee ballot clerk and any other officials as are necessary, all of 

whom shall exercise those powers and duties set forth in the Georgia Municipal Election Code 

(O.C.G.A. § 21-3-1 et seq.), as now or hereafter amended. 

(Code 1980, § 2-2-1) 

Editor's note: The Georgia Municipal Election Code (O.C.G.A. § 21-3-1 et seq.) requires the city to 

make provision for the following matters: 

(1) Payment of expenses of elections, and other matters, §§ 21-3-8, 21-3-37, 21-3-99, 21-3-162. 

(2) Voting machine procedures, § 21-3-227 et seq. 

(3) Selecting polling places, § 21-3-163. 

(4) Compensation for rent, heat, etc., for polling place, § 21-3-166. 

(5) Conduct of elections, § 21-3-30. 

(6) Appointment of managers, § 21-3-32. 

(7) Vote recorders; tabulating machines, § 21-3-251. 

(8) Applications for absentee ballots, § 21-3-283. 

Sec. 26-2. Voter registration deadline. 

The deadline for registration of voters in city elections shall be as set forth in the Georgia 

Municipal Election Code (O.C.G.A.) § 21-3-123(a). 


State law references: Voter registration, O.C.G.A. § 21-3-120 et seq. 

Sec. 26-3. Notice of candidacy; filing dates. 

Notices of candidacy shall be filed by candidates for offices of the governing authority as set

forth in the Georgia Municipal Election Code (O.C.G.A.) § 21-3-91(a)(1)--(3). 


State law references: Filing notice of candidacy, O.C.G.A. § 21-3-91. 

Sec. 26-4. Qualification fees. 

The qualification fee for candidates filing a notice of candidacy in any general or special election 

shall be as set forth in the Georgia Municipal Election Code (O.C.G.A.) § 21-3-90. The fees shall be 

received by the municipal election superintendent at the time of filing the notice of candidacy and paid 

over to the city. 

(Code 1980, § 2-2-4; Ord. of 7-5-94, § 2-2-4; Ord. of 9-6-94, § 2-2-4; Ord. of 9-2-97) 

State law references: Qualification fees, O.C.G.A. § 21-3-90. 

Sec. 26-5. Challenge of name on electors' list. 

(a) Any elector of the city desiring to challenge the right of registration of any person whose 

name appears upon the electors' list shall appear before a registrar on or before election day 

and state the grounds for the challenge, in writing. The registrar shall notify the challenged 

elector and provide him with an opportunity to answer the challenge. If the registrar does not 

find persuasive evidence for sustaining the challenge, the challenged elector shall be allowed to 

cast a challenged ballot, which shallbe verified or discarded by the mayor and council. 

(b) An elector of the city whose right to vote is challenged at the poll shall be allowed to cast a 

challenged ballot, which shall be verified or discarded by the mayor and council. 

(Code 1980, § 2-2-5; Ord. of 9-6-94, § 2-2-5) 

State law references: Challenges by other electors, O.C.G.A. § 21-3-125. 

Sec. 26-6. Polling places. 

Polling places shall be as fixed from time to time by resolution of the mayor and council. 


State law references: Polling places, O.C.G.A. § 21-3-163. 

Sec. 26-7. Petition to contest results. 

(a) A petition to contest the result of a primary or election shall be filed in the office of the clerk 

of the superior court having jurisdiction within five days after the official consolidation of the 

returns of that particular office or question and certification thereof by the election official having 

responsibility for taking such action under this chapter or within five days after the official 

consolidation and certification of the returns of that particular office or question by the election 

official having responsibility for taking such action under this chapter following a recount 

pursuant to O.C.G.A. § 21-3-405 and shall allege: 

(1) The contestant's qualification to institute the contest. 

(2) The contestant's desire to contest the result of such primary or election and the 

name of the nomination, office or question involved in the contest.

(3) The name of the defendant. 

(4) The name of each person who was a candidate at such primary or election for such 

nomination or office in the case of a contest involving same. 

(5) Each ground of contest. 

(6) The date of the official certification of the result in dispute. 

(7) The relief sought. 

(8) Such other facts as are necessary to provide a full, particular and explicit statement 

of the cause of contest. 

(b) The state election board shall be served with a copy of the petition, as provided in 

subsection (a) of this section, by serving it on the chairman thereof, by mailing a copy to the 

chairman by certified or registered mail; and a certificate that such service has been made shall 

be filed by the plaintiff or his attorney. 

(c) When an error in the counting of votes is alleged as a ground of contest, it is sufficient for 

the contestant to state generally that he believes that error was committed in the counting of the 

votes cast for the filling of the nomination or office in dispute, or for or against the question in 

dispute, in one or more specified precincts; and it shall not be necessary for the contestant to 

offer evidence to substantiate such allegation. If a recount of the votes cast in any precinct shall 

change the result in dispute, any aggrieved litigant may require a recount of the votes affecting 

such result, which were cast in any other precinct, by amending his pleadings and requesting 

such relief. 

(d) The petition shall be verified by the affidavit of each contestant. Such affidavit shall be 

taken and subscribed before some person authorized by law to administer oaths and shall state 

that the contestant believes the facts alleged therein are true, that according to the best of his 

knowledge and belief the contested result of the primary or election is illegal and the return 

thereof incorrect, and that the petition to contest the same is made in good faith. 

(e) A statement of the grounds of contest shall not be rejected, nor the proceedings dismissed 

by any court, for want of form, if the grounds of contest are alleged with such certainty as will 

advise the defendant of the particular proceeding or cause for which the primary or election is 

contested. 

(f) Upon such petition being filed, the clerk of the superior court shall issue notice, in the form 

of special process directed to the sheriff of such county, requiring the defendant and any other 

person named in such petition as a candidate for such nomination or office, if any, to appear 

and answer such petition, on a day to be fixed in such notice, not more than ten days nor less 

than five days after the service of such notice. Such notice, with a copy of the petition attached, 

shall be served by the sheriffupon the defendant and any other person named therein in the 

same manner as petitions and process are served in other civil cases. On or before the day 

fixed in such notice, unless for good cause shown the presiding judge shall extend the time 

therefor, the defendant shall appear and answer such petition and may set up by way of answer 

or cross action any right of interest he may have or claim in such proceeding. Any other person 

who was a candidate at such primary or election for the nomination or officeinvolved and upon 

whom notice was served as provided in this subsection shall be deemed a litigant to such 

proceeding and may set up by way of answer or cross action any right of interest or claim he 

may have. 

(g) After filing, any petition, cross action or answer may be amended with leave of the court so 

as to include the specification of additional grounds of contest, other relevant facts, or prayer for 

further relief. After each amendment, a reasonable time to respond shall be given by the court to 

any opposing litigant. 

(h) Contest procedures shall be in accordance with O.C.G.A. § 21-3-420 et seq.


Sec. 26-8. Plurality determines outcome. 

The candidates for each respective office who receives the highest number of votes cast for 

such office by the electors of the city shall be elected to such office. In the event of a runoff election to 

break a tie vote, the same shall be held not earlier than the 14th day and not later than the 21st day 

from the day of the general election. The same rules and regulations for the general election are 

applicable for the runoff election. 

(Ord. of 9-6-94, § 2-2-8)


Chapter 30 ENVIRONMENT* 

__________ 

*Cross references: Animals, ch. 10; buildings and building regulations, ch. 14; fire prevention and 

protection, ch. 34; health and sanitation, ch. 38; offenses and miscellaneous provisions, ch. 46; solid 

waste, ch. 54; utilities, ch. 70. 

State constitution references: Authority for local stormwater systems and air quality control, art. IX, 

§ II, para. III(a)(6), (13). 

State law references: State grants to municipalities for water pollution control projects, O.C.G.A. § 

12-5-33; Erosion and Sedimentation Act of 1975, O.C.G.A. § 12-7-1 et seq.; abatement of nuisances in 

cities, O.C.G.A. §§ 41-2-5, 41-2-15 et seq. 

__________ 



Article II. Noise 

Sec. 30-26. Prohibited generally. 

Sec. 30-27. Unlawful acts enumerated. 


Article III. Nuisances 

Sec. 30-51. Conditions declared to be nuisances. 

Sec. 30-52. Complaint of nuisance. 

Sec. 30-53. Abatement by city. 

Sec. 30-54. Violation penalty.



ARTICLE II. NOISE 

Sec. 30-26. Prohibited generally. 

The creating of any unreasonably loud and disturbing noise within the limits of the city is 

prohibited. Noise of such character, intensity or duration as to be detrimental to the life or health of any 

individual, or in disturbance of the public peace and welfare, is prohibited. 

(Code 1980, § 9-1-3) 

Cross references: Animals, ch. 10. 

Sec. 30-27. Unlawful acts enumerated. 

(a) The following acts, among others, are declared to be loud and disturbing noises and noises 

in violation of this section, but this enumeration shall not be deemed to be exclusive, namely: 

(1) Horns. The sounding of any horn or signal device on any automobile, motorcycle, 

bus or other vehicle, while not in motion except as a danger signal if another vehicle is 

approaching apparently out of control, or, if in motion, only as a danger signal; the 

creation by means of any such signal device of any unreasonably loud or harsh sound or 

the sounding of that device for an unreasonable period of time. 

(2) Musical instruments. The playing of any radio, phonograph or any musical 

instrument in such a manner or with such volume, particularly during the hours between 

12:00 midnight and 7:00 a.m., as to disturb the quiet, comfort or repose of persons in 

any office, hospital or in any dwelling, hotel or other type of residence, or any persons in 

the vicinity, except this section shall not apply to schools of music between the hours of 

7:00 a.m. and 10:00 p.m. 

(3) Voices. Yelling, shouting, hooting, whistling or singing on the public streets, 

particularly between the hours of 12:00 midnight and 7:00 a.m., or at any time or place 

so as to disturb the quiet, comfort or repose of persons in any hospital, dwelling, hotel or 

other type of residence, or any persons in the vicinity. 

(4) Noisy vehicles. The use of any automobile, motorcycle or vehicle so out of repair, 

so loaded or in any manner as to create loud grating, grinding, rattling or other noise. 

(5) Steam whistles. The blowing of any steam whistle attached to any stationary boiler, 

except to give notice of the time to begin or stop work, or as a warning of fire or danger, 

or upon request of proper city authority. 

(6) Exhausts. To discharge into the open air the exhaust of any stationary steam 

engine, stationary internal combustion engine, motor vehicle or motorboat engine, 

except through a muffler or other device which will effectively prevent loud or explosive 

noises therefrom. 

(7) Construction work. The erection (including excavation), demolition, alteration or 

repair of any building in any residential district or section, the excavation of streets and 

highways in any residential district or section, other than between the hours of 7:00 a.m. 

and 6:00 p.m. on weekdays except in cases of urgent necessity, and then only with a 

permit from the city, which permit may be granted for a period not to exceed 60 days 

while the emergency continues. 

(8) On streets of institutions requiring quiet. The creation of any excessive noise on

any street adjacent to any school, institution of learning, church or court while the same 

is in session, or adjacent to any hospital, which unreasonably interferes with the 

workings or sessions thereof. 

(9) Loudspeakers on vehicles. The use of mechanical loudspeakers or amplifiers on 

trucks or other moving or standing vehicles for advertising or other purposes. 

(10) Animals, birds. The keeping of any animal or bird which shall disturb the comfort 

or repose of any persons in the vicinity by making long, continual or frequent noise. 

(b) None of the foregoing terms or prohibitions shall apply to or be enforced against: 

(1) Any vehicle of the city while engaged upon necessary public business. 

(2) Excavations or repairs of bridges, streets or highways, by or on behalf of the city, 

county or state during the night season, when the public welfare and convenience 

renders it impossible to perform that work during the day; nor shall the same apply to 

work performed by public utility companies under like conditions and circumstances, or 

when there is urgent necessity therefor. 

(3) The reasonable use of amplifiers or loudspeakers in the course of public addresses 

which are noncommercial in character. 

(c) The prohibitions shall not be applicable to any parade, celebration or performance for which 

a written permit has been obtained prior thereto from the city clerk. 

(d) It shall be unlawful to use, maintain or operate loudspeakers, sound trucks, amplifiers or 

other mechanical or electrical devices for increasing the volume of sound, upon the streets, 

sidewalks, parks or other public places of the city; provided that nothing in this section shall 

apply to the United States of America, the state, the county or the city, nor to public agencies. 

(Code 1980, § 9-1-3) 


ARTICLE III. NUISANCES* 

__________ 

*State law references: Nuisances, O.C.G.A. tit. 41. 

__________ 

Sec. 30-51. Conditions declared to be nuisances. 

The following conditions are hereby declared to be nuisances: 

(1) Stagnant water on premises. 

(2) 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 disturbing to 

the inhabitants of the city. 

(3) The generation of smoke or fumes in sufficient amount to cause odor or annoyance 

to the inhabitants of the city. 

(4) The pollution of public water. 

(5) Maintaining a dangerous or diseased animal or fowl. 

(6) Obstruction of a public street, highway or sidewalk without a permit. 

(7) Loud or unusual noises which are detrimental or disturbing to the public. 

(8) All walls, trees and buildings that may endanger persons or property. 

(9) 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 those activities. 

(10) Unused iceboxes, refrigerators and the like unless the doors, latches or locks 

thereof are removed. 

(11) Any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe 

vision on roadways and intersections of the city. 

(12) Any other condition constituting a nuisance under state law. 

(Code 1980, § 9-2-1) 

Sec. 30-52. Complaint of nuisance. 

Any official or inhabitant of the city may direct a complaint of nuisance to the code enforcement 

department, which shall investigate and may issue a ten-day written warning upon the basis of the 

investigation. The warning shall be issued to the owner, agent in control or tenant in possession, stating 

that a nuisance has been found to exist and that the nuisance must be abated. If the nuisance is not 

abated within a reasonable time, having consideration for the nature of the nuisance and its effect on 

the public, the code enforcement personnel shall issue a citation for the owner, agent in control or 

tenant to appear at the municipal court. 

(Code 1980, § 9-2-2)

Sec. 30-53. 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 code enforcement personnel that it must be 

immediately abated, the municipal court judge may issue an order to the code enforcement 

personnel directing the nuisance to be abated. The code enforcement personnel shall keep a 

record of the expenses and cost of abating it, and the costsshall be billed against the owner, 

agent or tenant for collection as for city revenues. 

(b) The police department shall assist the code enforcement department as is necessary in 

abating nuisances under this article. 

(Code 1980, § 9-2-3) 

Sec. 30-54. Violation penalty. 

It is hereby declared to be an offense for any owner, agent or tenant to maintain or allow a 

nuisance to exist. 

(Code 1980, § 9-2-4) 

State law references: Failure to abate nuisance after notice, O.C.G.A. § 41-1-6.


Chapter 34 FIRE PREVENTION AND PROTECTION* 

__________ 

*Cross references: Administration, ch. 2; buildings and building regulations, ch. 14; cable 

communications, ch. 22; environment, ch. 30; health and sanitation, ch. 38; law enforcement, ch. 42; 

solid waste, ch. 54; traffic and vehicles, ch. 66; utilities, ch. 70. 

State constitution references: Power of city to provide fire protection services, art. IX, § II, para. III 

(a)(1). 

State law references: Fire escapes, O.C.G.A. § 8-2-50 et seq.; forest fires, O.C.G.A. § 12-6-89; 

transmitting false report of fire, O.C.G.A. § 16-10-27; fire protection and safety, O.C.G.A. tit. 25; remedy 

of unsafe conditions upon failure to comply with court order, O.C.G.A. § 25-2-25; local ordinances, 

regulations or codes relating to fire prevention or protection, O.C.G.A. § 25-3-4; state grants for public 

purposes, O.C.G.A. § 36-40-20 et seq.; electronic security systems, installation, service, etc., by 

counties or municipalcorporations, O.C.G.A. § 36-60-12; Georgia Firemen's Pension Fund, O.C.G.A. § 

47-7-1 et seq.; liability of officers, agents, etc., of fire departments for activities, O.C.G.A. § 51-1-30. 

__________ 

Sec. 34-1. Building fires in open air. 

Sec. 34-1. Building fires in open air. 

It shall be unlawful for any person to build a fire in the open air on any street or any public alley 

and it shall be unlawful for any person to build a fire in the open air on any private lot within the city 

when the fire is for the purpose of burning leaves, weeds, grass or trash without a burning permit. 

(Code 1980, § 9-1-7) 

Cross references: Solid waste, ch. 54.

Chapter 35 RESERVED

Chapter 36 FOOD SERVICE* 

__________ 

*Cross references: Administration, ch. 2; buildings and building regulations, ch. 14; businesses, ch. 

18; environment, ch. 30; fire prevention and protection, ch. 34; health and sanitation, ch. 38; solid 

waste, ch. 54; utilities, ch. 70. 

__________ 

Sec. 36-1. Adoption of food service rules and regulations. 

Sec. 36-1. Adoption of food service rules and regulations. 

The rules of the department of human resources public health, being more specifically chapter 

290-5-14, food services, are hereby adopted in their entirety. A copy of such rules is attached as Exhibit 

A to the ordinance from which this section derives and incorporated herein by reference. 


Chapter 37 RESERVED

Chapter 38 HEALTH AND SANITATION* 

__________ 

*Cross references: Animals, ch. 10; buildings and building regulations, ch. 14; environment, ch. 30; 

fire prevention and protection, ch. 34; solid waste, ch. 54; utilities, ch. 70. 

State constitution references: Local hospitals and other public health facilities and services, art. IX, 

§ II, para. III(a)(3). 

State law references: Georgia Pesticide Use and Application Act, O.C.G.A. § 2-7-90 et seq.; 

municipal hospitals and clinics, O.C.G.A. § 36-34-4; repair, closing and demolition of buildings unfit for 

human habitation, O.C.G.A. § 36-61-11; removal of weeds, trash, junk, filth, etc., O.C.G.A. § 41-2-7 et 

seq. 

__________ 

Sec. 38-1. Growth of weeds; accumulation of trash; junked vehicles. 

Sec. 38-2. Disposal of refuse. 

Sec. 38-3. On-site burial of debris. 

Sec. 38-1. Growth of weeds; accumulation of trash; junked vehicles. 

(a) Vegetation. It shall be unlawful for the owner or tenant of any real property in the city to 

permit any weeds, grass or plants other than trees, shrubs, flowers or other ornamental plant 

growth to exceed a height of eight inches on the curtilage of any property designated residential 

or commercial. This section does not regulate natural growth outside the curtilage of any real 

property, commercial or residential. Certain exemption may be authorized if the owner/tenant 

can show just cause to the chief of police or thecity council. 

(b) Accumulations. It shall be unlawful for the owner or tenant of any real property in the city to 

permit or cause the accumulation or presence of any rubbish, trash, refuse or brush on property 

inside the city limits. Any person who accumulates any trash, brush or rubbish as a result of 

renovation or excavation shall make arrangement for its removal in a timely manner. 

(c) Abandoned or junked vehicles. It shall be unlawful for the owner or tenant of any real 

property in the city to allow any vehicle to remain on the property that has been junked, 

abandoned or is not legal to operate upon the roadways in the state. Any owner who possesses 

a vehicle that is being actively restored may be exempt from this subsection providing they 

show proof of active restoration to the chief of police. Owners of a vehicle being actively 

restored are required, if so directed, to relocate a vehicle being actively restored toan area on 

the property that would be less noticeable or otherwise take appropriate action to enclose or 

cover the vehicle. 

(d) Complaints. After a complaint is received, the owner or tenant of any real property in the 

city who is in violation of this section shall receive a ten-day written warning to come into 

compliance with this section. 

(Ord. of 1-3-95, § 9-2-6) 

Cross references: Traffic and vehicles, ch. 66. 

Sec. 38-2. Disposal of refuse. 

(a) As used in this section, the word "refuse" shall have the following meanings: combustible

trash, including but not limited to paper, cartons, boxes, barrels, wood, excelsior, wood furniture, 

bedding; noncombustible trash, including but not limited to metals, tin cans, metal furniture, dirt, 

small quantities of rock and pieces of concrete, glass bottles, crockery, other mineral wastes; 

street rubbish, including but not limited to street sweepings, dirt, contents of litter receptacles 

and leaves. 

(b) It shall be unlawful to place or permit to remain anywhere in the city, including vacant lots, 

any garbage or refuse of the type that would attract vermin or flies except in a container 

provided by the city sanitation contractor. 

(c) It shall be unlawful to deposit or place or throw on any public city street or sidewalk any 

garbage or refuse, unless placed at edge of street to allow pickup by the city or other removal 

companies. 

(Ord. of 6-7-82(1); Ord. No. 00-08, 11-6-2000) 

Sec. 38-3. On-site burial of debris. 

(a) Nothing shall be buried on any construction site to include, but not be limited to: Garbage, 

rubbish (paper cartons, boxes, lumber, furniture, wire, and appliances, metal, tin cans, glass, 

crockery), street refuse, dead animals, sewage sludge, animal manures, industrial wastes, 

demolition wastes, clearing debris, abandoned automobiles or parts and dredging wastes shall 

not be buried on a construction site. 

(b) All construction debris that must be removed from the construction site shall be removed by 

Friday of each week or upon the lapse of 48 hours following written notice by the city building 

official or their designated appointee to the property owner, construction contractor/foreman or 

their agent to remove the debris from the construction site. 

(c) Effective October 1, 1998, every builder that has built a home in the city before the effective 

date of this section shall be required to: 

(1) Place a statement in the sales contract alerting the buyer that a burial pit is on the 

property. 

(2) The final plat delivered to the buyer at final closing shall depict the exact location of 

the trash pit and shall be initialed by the buyer before the plat being filed with the city. 

(3) The builders will recover any burial pit that requires recovering within five years of 

the original owner's date of occupancy. 

(d) Any person who violates any portion of this section shall be guilty of a misdemeanor. Each 

day of continued violation after conviction shall constitute a separate offense. 



Chapter 42 LAW ENFORCEMENT* 

__________ 

*Cross references: Administration, ch. 2; fire prevention and protection, ch. 34; traffic and vehicles, 

ch. 66. 

State constitution references: Police protection, art. IX, § II, para. III(a)(1). 

State law references: Obstruction or hindering of law enforcement officers, O.C.G.A. § 16-10-24; 

arrest, O.C.G.A. § 17-4-1 et seq.; appropriation for training of police officers, O.C.G.A. § 35-4-7; special 

police, O.C.G.A. § 35-9-1 et seq.; salary of law enforcement officers, O.C.G.A. § 36-30-9; peace 

officers' annuity and benefit fund, O.C.G.A. § 47-17-1 et seq. 

__________ 


Sec. 42-1. Obstructing, hindering officers. 

Sec. 42-2. Giving false information. 


Article II. Police Department 

Sec. 42-26. Composition. 

Sec. 42-27. Responsibilities. 

Sec. 42-28. Volunteer police division.


Sec. 42-1. Obstructing, hindering officers. 

A person who knowingly and willfully obstructs or hinders any law enforcement officer in the 

lawful discharge of his official duties is guilty of a misdemeanor. 


Sec. 42-2. Giving false information. 

It shall be unlawful for any person to give a police officer a false name, address or date of birth 

with the intent of misleading the officer as to his identity. 



ARTICLE II. POLICE DEPARTMENT 

Sec. 42-26. Composition. 

The police department shall consist of those officers and employees of those ranks and 

positions as approved by the mayor and council. 

(Code 1980, § 3-1-1) 

Sec. 42-27. Responsibilities. 

The police department shall be responsible for patrol, traffic control, investigation of accidents, 

investigation of crimes, apprehension of offenders, court appearances, security of business 

establishments and for any other matters of public safety and law enforcement as directed by the 

mayor and council. 

(Code 1980, § 3-1-2) 

Sec. 42-28. Volunteer police division. 

The police department is authorized to create a volunteer police division. The officers of the 

volunteer division shall abide by the rules and regulations established for the volunteer division. They 

shall be unsworn, noncertified officers, whose function is to supplement the activities of the police 

department and whose authority does not possess the power of arrest. 

(Code 1980, § 3-1-3)


Chapter 46 OFFENSES AND MISCELLANEOUS PROVISIONS* 

__________ 

*Cross references: Altering Code, § 1-9; environment, ch. 30. 

State constitution references: Limitations on local legislation, art. III, § VI, para. IV. 

State law references: Crimes and offenses, O.C.G.A. tit. 16; ordinances prohibiting loitering for 

prostitution, O.C.G.A. § 16-6-24; adoption of municipal ordinances, O.C.G.A. § 36-35-3(a); municipal 

action duplicating state criminal offenses prohibited, O.C.G.A. § 36-35-6(a)(2)(A). 

__________ 


Sec. 46-1. Disorderly conduct. 

Sec. 46-2. Posting signs without consent. 

Sec. 46-3. Unlawful discharge of weapon. 

Sec. 46-4. Permissible discharge of weapon. 

Sec. 46-5. Damaging, destroying city property. 

Sec. 46-6. Damaging, destroying property generally. 

Sec. 46-7. Possession of less than one ounce of marijuana. 

Sec. 46-8. Theft by shoplifting. 

Sec. 46-9. Use of fighting words, obscene, vulgar or profane language; harassing phone calls. 

Sec. 46-10. Simple assault. 

Sec. 46-11. Public library--Failure to return borrowed items, notice; penalty. 

Sec. 46-12. Same--Stealing property; concealing with intent; penalty. 

Sec. 46-13. Same--Concealment constitutes intent. 


Article II. Curfew 

Sec. 46-31. Imposed on persons 16 and under; exceptions; multiple violations reported to county. 

Sec. 46-32. Duty of parent, guardian; violations. 

Sec. 46-33. Imposed on persons 17 years old.


Sec. 46-1. Disorderly conduct. 

It shall be unlawful and disorderly conduct for any person to: 

(Code 1980, § 9-1-1) 

(1) Act in a violent or tumultuous manner toward another, whereby a reasonable person 

would be placed in fear of safety for life or limb. 

(2) Place the property of another in serious danger of being destroyed or damaged. 

(3) Use fighting words directed toward another, who becomes outraged and thus 

creates a turmoil. 

(4) Violently interfere with another's pursuit of a lawful occupation. 

(5) Congregate with others to halt the flow of vehicular or pedestrian traffic and refuse 

to clear the way when ordered by lawful authority to do so. 

Sec. 46-2. Posting signs without consent. 

It shall be unlawful for any person to post or display in or upon any bridge any sign or 

advertisement, or to post or display upon any telegraph, telephone or electric company's pole, or upon 

any public property or the private property of any person any bills, signs or advertisements without the 

consent in writing of the owner thereof. 

(Code 1980, § 9-1-4) 

Sec. 46-3. Unlawful discharge of weapon. 

(a) It shall be unlawful for any person to discharge a firearm in the city except as allowed under 

section 46-4. 

(b) It shall be unlawful for any person to fire or use any air rifle, pellet rifle, BB gun, bow and 

arrows or slingshot except as allowed under section 46-4. 

(Code 1980, § 9-1-5) 

Sec. 46-4. Permissible discharge of weapon. 

(a) It shall be permitted to discharge a weapon within the city limits under the following 

conditions: 

(1) In compliance with the game and fish code as set forth by the state general 

assembly and the regulations set by the state board of natural resources, wildlife 

resources division (a copy of the code and regulations may be obtained by contacting 

the secretary of state's office). 

(2) On property of zero to 20 acres in size a permit to discharge a weapon must be 

obtained by the landowner from the chief of police unless landowners with adjoining 

acreage (totaling 20 acres) are in an agreement that discharging a weapon is allowable.

(3) The individual discharging the weapon must not do so in such a manner that the 

projectile crosses another's property line, endangering life or property. 

(4) The individual discharging the weapon must be the landowner himself, the 

landowner's legal relative or a guest of the landowner holding written permission (leasing 

property to hunting clubs is not permissible). 

(5) Possession of a pest control permit issued by the city. 

(b) A violation of this section shall carry a fine punishable as set forth in section 1-5. 


Sec. 46-5. Damaging, destroying city property. 

It shall be unlawful for any person to damage or destroy any property, whether it is real or 

personal, owned by the city. 

(Code 1980, § 9-1-6) 

Sec. 46-6. Damaging, destroying property generally. 

It shall be unlawful for any person to damage or destroy any property not his own. 


Sec. 46-7. Possession of less than one ounce of marijuana. 

It shall be unlawful for any person to have in his possession less than one ounce of marijuana. 

(Code 1980, § 9-1-9) 

Sec. 46-8. Theft by shoplifting. 

(a) A person commits the offense of theft by shoplifting when he alone or in concert with 

another person, with the intent of appropriating merchandise to his own use without paying for 

the same or to deprive the owner of possession thereof or of the value thereof, in whole or in 

part, does any of the following: 

(1) Conceals or takes possession of the goods or merchandise of any store or retail 

establishment. 

(2) Alters the price tag or other price marking on goods or merchandise of any store or 

retail establishment. 

(3) Transfers the goods or merchandise of any store or retail establishment from one 

container to another. 

(4) Interchanges the label or price tag from one item of merchandise with a label or 

price tag for another item of merchandise. 

(5) Wrongfully causes the amount paid to be less than the merchant's stated price for 

the merchandise. 

(b) In all cases involving theft by shoplifting, the term "value" means the actual retail price of 

the property at the time and place of the offense. The unaltered price tag or other marking on

property, or duly identified photographs thereof, shall be prima facie evidence of the value and 

ownership of the property. 

(c) The municipal court is granted jurisdiction to try and dispose of cases in which a person is 

charged with a first or second offense of theft by shoplifting when the property which was the 

subject of the theft was valued at $100.00 or less, if the offense occurred within the corporate 

limits of the city. The jurisdiction of such court shall be concurrent with the jurisdiction of any 

other courts within the county having jurisdiction to try and dispose of such cases. 

(d) Any defendant charged in a municipal court with a first or second offense of theft by 

shoplifting property valued at $100.00 or less shall be entitled upon request to have the case 

against him transferred to the court having general misdemeanor jurisdiction in the county in 

which the alleged offense occurred. 

(e) It shall be the duty of the appropriate agencies of the city to make any reports to the 

Georgia Crime Information Center required under O.C.G.A. § 35-3-30 et seq. 

(Code 1980, § 9-1-11) 

Sec. 46-9. Use of fighting words, obscene, vulgar or profane language; harassing phone 

calls. 

A person who commits any of the following acts commits a misdemeanor: 


(1) Without provocation, uses to or of another, in his presence, opprobrious or abusive 

words which by their very utterance tend to incite to an immediate breach of the peace, 

that is to say, words which as a matter of common knowledge and under ordinary 

circumstances will, when used to or of another person in his presence, naturally tend to 

provoke violent resentment, that is, words commonly called fighting words. 

(2) Without provocation, uses obscene and vulgar or profane language in the presence 

of or by telephone to a person under the age of 14 years which threatens an immediate 

breach of the peace. 

(3) Engages in indecent or disorderly conduct in the presence of another in any public 

place. 

(4) Telephones another repeatedly, whether or not conversation ensues, for the 

purpose of annoying, harassing or molesting another or his family; uses over the 

telephone language threatening bodily harm; telephones and intentionally fails to hang 

up or disengage the connection; or knowingly permits any telephone under his control to 

be used for any purpose prohibited by this subsection. 

Sec. 46-10. Simple assault. 

(a) A person commits the offense of simple assault when he either: 

(1) Attempts to commit a violent injury to the person of another; or 

(2) Commits an act which places another in reasonable apprehension of immediately 

receiving a violent injury. 

(b) A person who commits the offense of simple assault shall be guilty of a misdemeanor. 

(Ord. of 2-4-85, § 9-1-13)

Sec. 46-11. Public library--Failure to return borrowed items, notice; penalty. 

(a) Any person who borrows from any public library in the city any book, newspaper, 

magazine, manuscript, pamphlet, recording, video product, microform, computer software, film, 

or other article or equipment necessary to its display or use belonging to or in the care of such 

public library under any agreement to return it, and thereafter fails to return such property shall 

be given written notice, mailed to his last known address or delivered in person, to return such 

article or equipment within 30 days after such date of notification. Said notice shall contain a 

copy of this Code section. 

(b) If such person shall thereafter willfully and knowingly fail to return such property within 30 

days, such person shall be guilty of a misdemeanor and upon conviction thereof shall be 

punished in accordance with section 1-5 of the Code and shall be required to return such 

property or provide reimbursement for the replacement cost of such property. 


Sec. 46-12. Same--Stealing property; concealing with intent; penalty. 

Any person who, without authority and with the intention of depriving any public library located 

with the city of the ownership of such property, willfully conceals a book or other library property while 

still on the premises of such public library, or willfully or without authority removes any book or other 

library property from any public library within the city shall be guilty of a misdemeanor and upon 

conviction thereof shall be punished in accordance with section 1-5 of the Code and shall be required to 

return such book or property or provide reimbursement for the replacement cost of such book or 

property. 


Sec. 46-13. Same--Concealment constitutes intent. 

Proof of the willful concealment of any book or other public library property while still on the 

premises of such library in the city shall be prima facie evidence of intent to violate section 46-12. 



ARTICLE II. CURFEW 

Sec. 46-31. Imposed on persons 16 and under; exceptions; multiple violations reported 

to county. 

(a) It is unlawful for any minor 16 years of age or under to loiter, wander, stroll or play in or 

upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, 

public places, public buildings, places of amusement, eating places, vacant lots or any place 

unsupervised by an adult having the lawful authority to be at such places, between the hours of 

10:00 p.m. on any day and 6:00 a.m. of the following day; and provided, that the provisions of 

this section shall not apply in the following instances: 

(1) When a minor is accompanied by his parent, guardian or other adult person having 

the lawful care and custody of the minor. 

(2) When the minor is upon an emergency errand directed by his parent or guardian or 

other adult person having the lawful care and custody of such minor. 

(3) When the minor is returning directly home from a school activity, entertainment, 

recreational activity or dance. 

(4) When the minor is returning directly home from lawful employment that makes it 

necessary to be in the above-referenced places during the prescribed period of time. 

(5) When the minor is attending or travelling directly to or from an activity involving the 

exercise of first amendment rights of free speech, freedom of assembly or free exercise 

of religion. 

(b) Two or more violations of this section by a minor will result in a report being forwarded to 

the county juvenile authorities by the police department. 

(Ord. of 11-4-91, § A) 

Sec. 46-32. Duty of parent, guardian; violations. 

It shall be unlawful for the parent, guardian or other person having custody or control of any 

child 16 years of age and under to permit, or by insufficient control to allow, such child to be in or upon 

the public streets or any other places between the hours of 10:00 p.m. on any day and 6:00 a.m. the 

following day, except in circumstances set out in section 46-31(a)(1) through (5). Upon conviction of 

violation of this section for the first time, the parent or guardian shall be given a warning citation. Upon 

further convictions, the parent or guardian shall be punished as provided in section 1-5. Each violation 

of this section shall constitute a separate offense. 

(Ord. of 11-4-91, § B) 

Sec. 46-33. Imposed on persons 17 years old. 

It is unlawful for any person 17 years of age to loiter, wander, stroll or play in or upon the public 

streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public 

buildings, places of amusement, eating places, vacant lots or any place unsupervised by an adult 

having the lawful authority to be at such places, between the hours of midnight and 6:00 a.m. on any 

day; and provided, that the provisions of this section shall not apply in the circumstances set out in

section 46-31(a)(1) through (5). Upon conviction of violation of this section, the person shall be 

punished as provided in section 1-5. Each violation of this section shall constitute a separate offense. 

(Ord. of 11-4-91, § C)


Chapter 50 PERSONNEL* 

__________ 

*Editor's note: The city provides social security coverage for all employees. 

Cross references: Administration, ch. 2. 

__________ 

Article I. General Provisions 

Sec. 50-1. Authority. 

Sec. 50-2. Purposes. 

Sec. 50-3. Positions. 

Sec. 50-4. Administration. 

Sec. 50-5. Amendment. 

Sec. 50-6. Interpretation. 

Sec. 50-7. Veteran's preference. 

Sec. 50-8. Enforcement and administration. 

Sec. 50-9. Outside employment. 

Sec. 50-10. Acceptance of gifts and gratuities. 

Sec. 50-11. Use of city vehicles. 

Sec. 50-12. Appeals board. 


Article II. The Position Classification and Pay Plan 

Sec. 50-21. Objectives. 


Sec. 50-23. Establishment of position classification and pay plan. 

Sec. 50-24. Allocation of positions; creation of classes. 

Sec. 50-25. Transition to new position classification and pay plan. 

Sec. 50-26. Payment at listed rate. 

Sec. 50-27. Entrance at the minimum. 

Sec. 50-28. Salary of reclassified employees. 

Sec. 50-29. Salary of a promoted employee. 

Sec. 50-30. Salary of a transferred employee. 

Sec. 50-31. Salary of demoted employees. 

Sec. 50-32. Salary of part-time employees. 

Sec. 50-33. Regular salary increments. 

Sec. 50-34. Remuneration. 

Sec. 50-35. Pay upon termination of employment. 

Sec. 50-36. Effective date of salary adjustment. 

Sec. 50-37. Maintenance of position classification and plan. 

Sec. 50-38. Amendments to the positions classification and pay plan. 

Sec. 50-39. Official copy of the position classification and pay plan. 

Sec. 50-40. Effective date and position classification and pay plan. 


Article III. Reserved 


Article IV. Recruitment, Applicants, and Applications 

Sec. 50-71. Employment policy. 

Sec. 50-72. Notification. 

Sec. 50-73. Open continuous applications. 

Sec. 50-74. Method of applications and evaluation. 

Sec. 50-75. Rejection of applications. 


Article V. Examination, Ratings and Eligible Lists 

Sec. 50-91. Examination program and procedures. 

Sec. 50-92. Examination polices. 

Sec. 50-93. Rating examinations and examines. 

Secs. 50-94--50-110. Reserved. 

Article VI. Appointment 

Sec. 50-111. Method of filling positions. 

Sec. 50-112. Emergency and provisional appointments. 

Secs. 50-113--50-130. Reserved.

Article VII. Probational and Regular Status 

Sec. 50-131. Probational status. 

Sec. 50-132. Regular status. 

Secs. 50-133--50-150. Reserved. 

Article VIII. Promotions, Transfers, Demotions 

Sec. 50-151. Policy. 

Sec. 50-152. Promotional examinations. 

Sec. 50-153 Intra-departmental transfers. 

Sec. 50-154. Inter-department transfers. 

Sec. 50-155. Demotion defined. 

Sec. 50-156. Reassignment. 

Secs. 50-157--50-170. Reserved. 

Article IX. Performance Appraisal Plan 

Sec. 50-171. Policy and objectives. 

Sec. 50-172. Development of performance appraisal system. 

Sec. 50-173. Performance appraisal instrument. 

Sec. 50-174. The evaluator. 

Sec. 50-175. Frequency of review. 

Sec. 50-176. Performance rating linked to personnel actions. 

Sec. 50-177. Final review. 

Secs. 50-178--50-190. Reserved. 

Article X. Separations 

Sec. 50-191. In general. 

Sec. 50-192. Exit interviews. 

Secs. 50-193--50-210. Reserved. 

Article XI. Disciplinary Action 

Sec. 50-211. Generally. 

Sec. 50-212. Reprimand defined. 

Sec. 50-213. Suspension defined. 

Sec. 50-214. Demotion. 

Sec. 50-215. Dismissal defined. 

Sec. 50-216. Reasons for disciplinary actions. 

Secs. 50-217--50-230. Reserved. 

Article XII. Grievances and Appeals 


Sec. 50-232. Grievance defined. 

Sec. 50-233. Grievances procedures for division director/chief. 

Sec. 50-234. Appeals defined. 

Sec. 50-235. Appeals for division directors/chiefs. 

Secs. 50-236--50-250. Reserved. 

Article XIII. Attendance and Leave 

Sec. 50-251. Hours of work. 

Sec. 50-252. Attendance. 

Sec. 50-253. Holidays. 

Sec. 50-254. Annual leave; vacation. 

Sec. 50-255. Sick leave. 

Sec. 50-256. Military leave. 

Sec. 50-257. Civil leave. 

Sec. 50-258. Family and medical leave. 

Sec. 50-259. Death in family. 

Sec. 50-260. Leave without pay. 

Secs. 50-261--50-270. Reserved. 

Article XIV. Employment Development 

Sec. 50-271. In-service training. 

Sec. 50-272. Retirement system. 

Sec. 50-273. Insurance benefits. 

Sec. 50-274. Uniforms and equipment. 

Secs. 50-275--50-290. Reserved. 

Article XV. Records and Reports 

Sec. 50-291. Public inspection. 

Sec. 50-292. Establishment and retention of records. 

Sec. 50-293. Employee performance reports. 

Secs. 50-294--50-310. Reserved. 

Article XVI. Nepotism 

Sec. 50-311. Employment of relatives. 

Sec. 50-312. Supervision as it relates to nepotism. 

Sec. 50-313. Definition of relatives.

ARTICLE I. GENERAL PROVISIONS 

Sec. 50-1. Authority. 

The city council, at the meeting does hereby approve the following personnel polices for the City 

of Senoia adopted October 15, 1997. 

(Ord. of 10-15-97(2), policy I) 

Editor's note: The Ord. of 10-15-97, replaced in their entirety the provisions of §§ 50-1--50-3 which 

pertained to holidays, vacation leave and sick leave for city personnel and derived from the Code of 

1980 §§ 2-6-1, 2-6-2, 2-6-3 and the Ord. of 1-1-90, § 2-6-1. 

Sec. 50-2. Purposes. 

These policies are adopted to provide for the recruitment and development of the best available 

employee for each position in the City of Senoia and to establish orderly procedures for administering 

that personnel system so as to be consistent with the following merit principles: 

(1) Recruiting, selecting and advancing employees on the basis of their relative ability, 

knowledge, and skill, including open competition of qualified applicants for initial 

appointment; 

(2) Establishing pay rates consistent with the principles of providing comparable pay for 

comparable work; 

(3) Training employees, as needed, to assure high-quality performance; 

(4) Retaining employees on the basis of the adequacy of their performance, correcting 

inadequacies without regard to political affiliation, race, color, national origin, sex, age, 

religion or handicapped status; 

(5) Assuring fair treatment of applicants and employees in all aspects of personnel 

administration without regard to political affiliation, race, color, national origin, sex, age, 

religion or handicapped status; 

(6) Establishing a procedure for the presentation and adjustment of employee 

grievances based on alleged inequitable treatment because of some conditions of their 

employment; or based on alleged discrimination because of race, color, national origin, 

sex, age, religion or handicapped status; 

(7) Assuring employees' protection against partisan political coercion and prohibiting 

their use of official authority for interfering with or affecting the results of an election or 

the nomination for an office. 


Note: See the editor's note that follows section 50-1. 

Sec. 50-3. Positions. 

These policies shall apply to all positions in the classified service including regular part-time 

employees as well as any temporary or part-time positions as may be specifically covered by action of 

the city council. A "classified position" is any full time year-round or regular part-time position that exists

or which is created in any agency of the city government, if wages or salary of the incumbent or 

future employee is paid wholly by the city government, and/or if the employee is under control of the 

city as prescribed by the city charter. 

A regular full-time employee will be scheduled to work a minimum of 40 hours a week. A regular 

part-time employee will be scheduled to work a minimum of 20 hours a week. 

Those employees holding positions on an elective or appointive board, in an elected position or 

of a temporary full-time, temporary part-time or voluntary nature are not to be included in the classified 

service. 

Classified positions shall be divided into two categories: (1) salaried and (2) hourly. 


Note: See the editor's note that follows section 50-1. 


The mayor and council shall administer these polices and in conformity with the personnel 

resolution. Throughout these policies, powers and duties, inferred or expressed, as pertaining to the 

mayor and council may be delegated by/to the personnel officer, who may further delegate such 

authority to subordinates with the approval of the mayor and council. The division director/chief may 

formulate and prescribe such rules and regulations as they may deem necessary for the operation of 

the division. Such rulesand regulations, when approved by the city council, shall be binding on the 

members of the division. 


Sec. 50-5. Amendment. 

These policies may be amended at any regular or special meeting of the city council by 

adoption of an appropriate amendment by resolution. The copies of the proposed changes shall be 

posted in the prominent places in the city offices prior to the time they are to be considered by the 

governing authority. 


Sec. 50-6. Interpretation. 

These polices are intended to cover most personnel problems and actions which may arise. 

Those not specifically covered shall be interpreted by the mayor and council in keeping with the intent 

of the personnel resolution and these policies. 


Sec. 50-7. Veteran's preference. 

Procedures concerning honorably discharged veterans of any war will conform with Articles III, 

Section VII, paragraph XXIV, of the Constitution of the State of Georgia. 

(Ord. of 10-15-97(2), policy I)

Sec. 50-8. Enforcement and administration. 

The responsibility and authority of the enforcement and administration of the polices set forth 

herein are vested in the mayor and council. 


Sec. 50-9. Outside employment. 

No employee shall engage in any other employment, or in any private business, or in the 

conduct of a profession, during the hours for which he is employed to work for the city or outside such 

hours in a manner or to an extent that affects or is deemed likely to affect his usefulness as an 

employee of the city. Toward this end, all outside employment must be reported to and approved by the 

employee's division director/chief and the mayor, and filed in the personnel office. 

(Ord. of 10-15-97(2), policy XVI) 

Sec. 50-10. Acceptance of gifts and gratuities. 

An employee shall not accept gifts, gratuities or loans from organizations, business concerns, or 

individuals with whom he has official relationships on business of the city government. These limitations 

do not apply to articles of negligible value nor loans from regular lending institutions, nor shall they 

prohibit employees from accepting social courtesies which promote good public relations. It is 

particularly important, however, that inspectors, contacting or procurement officers, and enforcement 

officers guard against relationships which might be construed evidence of favoritism, coercion, unfair 

advantage or collusion. 

(Ord. of 10-15-97(2), policy XVII) 

Sec. 50-11. Use of city vehicles. 

Employees driving city vehicles are required to have such driver's license for the vehicles being 

driven as is required by Georgia State Law, irrespective of whether the employee drives the vehicle on 

a regular, occasional or other basis, and whether or not his requirement is included or omitted in the 

description of the class to which the employee was appointed. Violations citations, fines or other action 

taken by any police jurisdiction against any employee while driving a city vehicle shall be the 

responsibility of the employee and may cause disciplinary action. 

Anyone misusing or abusing city vehicles, using a city vehicle for other than approved purposes, 

or taking a vehicle home when not approved by the mayor shall be subject to appropriate disciplinary 

action, including dismissal if deemed appropriate. 

(Ord. of 10-15-97(2), policy XVIII) 

Sec. 50-12. Appeals board. 

The city employees occupying the following positions have been selected as examiners to hear 

appeals as provided for in article XII of this chapter: 

(1) Police chief. 

(2) Code enforcement officer. 

(3) Police lieutenant.

(4) City attorney. 

(Ord. of 10-15-97(2), policy XIX) 


ARTICLE II. THE POSITION CLASSIFICATION AND PAY PLAN 

Sec. 50-21. Objectives. 

The objective of the position classification and pay plan is to give comparable pay for 

comparable work and to provide a minimum salary for each class of positions that will allow it [the city] 

to retain competent employees and to compete in the job market with other private and public 

employers in the area. 

(Ord. of 10-15-97(2), policy II) 


(a) The position classification and pay plan is the official or approved system of grouping 

positions into appropriate classes approximately equal in difficulty, responsibility, training, 

experience requirements and salary including: 

(1) A systematic index of all class titles under appropriate occupational breakdowns; 

(2) Minimum and maximum salary. 

(b) A "position" is a group of currently assigned duties and responsibilities requiring the fulltime 

or part-time employment of one or more persons. A position may be occupied or vacant. 

(c) A "class title" is the official designation or name of the class. It shall be used on all 

personnel records and actions. Working or office titles may be used for public or internal 

administration purposes. 

(d) A "class" is a group of positions (or one position) that: 

(1) Have similar duties and responsibilities; 

(2) Require like qualifications; and 

(3) Can be equitably compensated by the same approximate salary. 

(e) A "position description" is a written description containing a general definition of the 

position; examples of duties; desirable knowledge, skills and abilities; desirable training and 

experience. These position descriptions are descriptive and not restrictive. 


Sec. 50-23. Establishment of position classification and pay plan. 

The position classification and pay plan of the City of Senoia adopted by resolution of the city 

council shall remain in effect until modified in accordance with provisions of these policies. 


Sec. 50-24. Allocation of positions; creation of classes. 

After the establishment of a new position has been approved, the appointing authority involved 

shall complete a position description governing the duties and responsibilities of each proposed new

position. The personnel officer shall allocate the position to one of the classes in the 

classification plan. If a suitable class does not exist, they shall recommend the establishment of a new 

class and after the adoption of the new class by the mayor and the city council shall allocate the 

position to it. 


Sec. 50-25. Transition to new position classification and pay plan. 

The following three principles shall govern the transition to the new position classification and 

pay plan: 

(1) No employee shall receive a salary reduction as a result of transition to the new 

plan. 

(2) All employees being paid at a rate lower than the minimum rate established for their 

respective classes shall have their salaries raised to at least the new minimums for their 

classes. 

(3) All employees whose salaries exceed the amount recommended by the department 

head shall remain at their present salary until such time as the recommended salary 

equals or exceeds the present salary. 


Sec. 50-26. Payment at listed rate. 

All employees covered by the position classification and pay plan shall be paid at a listed rate 

established for their respective job classifications. 


Sec. 50-27. Entrance at the minimum. 

Each new employee shall be appointed at the minimum salary which has been established for 

the classification in which he is employed except: 

(1) If the new employee does not meet the minimum requirements of the position and 

qualified applicants for the position are not available, the mayor and council may 

designate the employee as a "trainee" to be appointed at a salary below the minimum; 

and 

(2) When the city council shall determine that there has been a demonstrated inability 

to recruit at the minimum salary or that an applicant possesses exceptional 

qualifications, they may with the concurrence of the affected department head employ 

the applicant at a higher rate than the minimum. 


Sec. 50-28. Salary of reclassified employees. 

An employee whose position is reclassified to a class having a higher minimum salary shall 

receive a salary adjustment to at least the minimum new salary. An employee whose position is 

reclassified to a class having a lower minimum salary shall not receive a reduction in salary as a result

of the reclassification. 


Sec. 50-29. Salary of a promoted employee. 

The salary of an employee promoted to a position in a class having a higher minimum salary 

shall be equal to, at the least, the minimum salary for that position during the employee's probationary 

period. Upon successful completion of the probationary period, the employee will be granted regular 

status in the new position. If the employee fails to successfully complete their probationary period 

following promotion, they shall be reinstated in their former position in the same class of their former 

position,at their former pay. 


Sec. 50-30. Salary of a transferred employee. 

The salary of an employee reassigned to a position in the same class level shall not be changed 

by the reassignment. 


Sec. 50-31. Salary of demoted employees. 

The salary of an employee demoted to a position in a class with a lower grade shall be reduced 

to at least five percent below their former salary. If the demotion is non-disciplinary, the department 

head may, if the employee's salary is comparable to other employees in the new position, elect to leave 

the employee's salary at the same level as their salary prior to the demotion. 


Sec. 50-32. Salary of part-time employees. 

The position classification and pay plan is for full-time service. An employee appointed for less 

than full-time service shall be paid at an hourly rate. 


Sec. 50-33. Regular salary increments. 

All regular hours earned will be in increments of the nearest quarter hours. 


Sec. 50-34. Remuneration. 

All nonexempt full-time employees are eligible to receive overtime pay ( 1/2 times regular hourly 

rate) for all hours worked above the number schedule for the work period. The established work periods 

for city employees are as follows: 

Police officers: (43 hours/7 days)

All others: (40 hours/7 days) 

Employees must actually work all hours in the work period before receiving overtime pay. Employees 

may elect to receive compensatory time (at 1/2 times the hours earned) in lieu of overtime pay. 

Any employee called out to work during regularly scheduled off time will be credited with a minimum of 

two hours work time. 

Exempt personnel are not eligible to receive overtime pay and will earn compensatory time at straight 

time. Compensatory time will be given only for those hours earned during meetings scheduled outside 

the regular work day to include city council meetings, designated committee meetings, and city court. 

Compensatory time shall be taken within two weeks after being earned as approved by the mayor. 

The personnel officer will maintain a list of exempt positions. 

(Ord. of 10-15-97(2), policy II; R-99-04, 3-15-99) 

Sec. 50-35. Pay upon termination of employment. 

An employee who is separated from the city will receive any compensation due on the following 

regular pay day. 


Sec. 50-36. Effective date of salary adjustment. 

Annual merit increases shall be effective on the employee's annual evaluation date. The amount 

of a merit increase will be determined by the employee's overall evaluation rating. 

Council shall annually establish the standard salary adjustment which will be effective on January 1 of 

each year. The pay plan will be adjusted according to the standard salary adjustment. 

The city council must approve special merit increases and cash bonuses and shall be effective on the 

date of final approval by the city council. 


Sec. 50-37. Maintenance of position classification and plan. 

(a) Each time a vacancy occurs, a position description shall be completed and submitted to the 

personnel officer for a review of the allocation of the position. This requirement may be waived 

by the mayor in cases where changes in the duties and responsibilities of a position have been 

unlikely. 

(b) Each time a department or division is reorganized, position descriptions for all affected 

employees should be submitted to the mayor for their review. 

(c) The mayor and council may require departments or employees to submit position 

descriptions on a periodic basis, or any time they have reason to believe there has been a 

change in duties and responsibilities of one or more positions. 

(d) Each year, prior to the preparation of the annual budget, the personnel officer shall secure 

information concerning the general level of salaries paid and fringe benefits provided 

comparably to municipal, county and state employees. The mayor shall conduct or cause to be 

conducted studies of the internal relationships between classes of positions. Based on these 

studies and recommendations of the personnel officer, the mayor and council shall recommend

such increases, reductions, or amendments of the position classification and pay plan as it is 

deemed necessary to maintain the fairness and adequacy of the plan. 

(e) Two years after the adoption of these policies the mayor shall conduct a general review of 

the position classification and pay plan to be followed by a minimum of at least one general 

review of the classification plan in each succeeding two-year period. 


Sec. 50-38. Amendments to the positions classification and pay plan. 

Each time a new class of positions should be established or current class of positions abolished 

or minimum salaries adjusted the mayor shall submit their findings and recommendations to the city 

council. It shall determine whether the establishment and/or abolition of a class is in order and if any 

adjustment in minimum salaries is required. Such changes shall take the form of amendments to the 

plan and must be adopted by the city council. 


Sec. 50-39. Official copy of the position classification and pay plan. 

The mayor shall be responsible for maintaining an official copy of the position classification and 

pay plan. The official copy shall include a list of grade and class titles and minimum and maximum 

salaries plus all amendments thereto. A copy of the official plan shall be available for inspection in the 

personnel office under reasonable conditions during business hours. 


Sec. 50-40. Effective date and position classification and pay plan. 

This plan became effective as of October 15, 1997 by city council adoption. 



ARTICLE III. RESERVED 


ARTICLE IV. RECRUITMENT, APPLICANTS, AND APPLICATIONS 

Sec. 50-71. Employment policy. 

Discrimination in the employment of any person who is an applicant for a merit system position 

because of race, creed, color, sex, age, national origin, or because of handicap (unless the handicap 

poses a bonafide reason for disqualification) is prohibited. Any official or employee of Senoia with 

information concerning a violation of the provisions of this paragraph shall file the information in writing 

with the personnel officer who shall conduct an investigation and make recommendations to the mayor 

as toremedial action in the event they find that the provisions of this paragraph have been violated. 

(Ord. of 10-15-97(2), policy IV) 

Sec. 50-72. Notification. 

The personnel officer shall use such various methods of media publicity and areas of 

recruitment as may be expected to bring notice of vacancies to as many qualified persons as possible 

and to assure obtaining well-qualified applicants. Announcements of all vacancies in the classified 

service shall: 

(1) Specify the title and salary range of the vacant position, qualification requirements, 

manner of making application and other pertinent information; and 

(2) Specify the date, time, and place of any examinations which may be required for the 

position. 


Sec. 50-73. Open continuous applications. 

As a general policy, in order not to lose competent applicants, the personnel officer will accept 

applications anytime whether or not a vacancy has been announced. As a result of single application, a 

candidate shall be considered for all classes of positions in which his principal qualifications might 

profitably be used. All applications shall be kept on active file for a period of six months. 


Sec. 50-74. Method of applications and evaluation. 

Each applicant for a classified position with Senoia shall apply on a standard application form 

approved by the mayor and council. The application shall be made at the personnel office. When 

deemed necessary, the personnel officer may require the assistance of administrative and supervisory 

officials in reviewing, evaluating, and rating applications, and in conducting oral interview ratings of 

applicants. The department heads shall establish whatever reference and investigation requirements 

they deem necessary to determine the reputation, competence, honesty, stability, dependability, etc., of 

each applicant and promotional candidate for a merit system position and order a check of arrest 

records if a factor in job performance. Employees for those positions may be required to undergo 

physical examinations at the city's expense prior to employment. 

(Ord. of 10-15-97(2), policy IV)

Sec. 50-75. Rejection of applications. 

The personnel officer may reject an application which shows that the applicant is deficient in any 

or all of the requirements as specified in the class specifications or any recruitment notice. An applicant 

may also be rejected for the practice or attempted practice of fraud or deception in the completion of his 

application, or if his past record of employment is determined to be unsatisfactory to the personnel 

officer. Notice of rejection shall be mailed to the rejected applicants by the personnel officer. 



ARTICLE V. EXAMINATION, RATINGS AND ELIGIBLE LISTS 

Sec. 50-91. Examination program and procedures. 

The personnel officer may initiate and install, with the approval of the mayor, a suitable 

examination program for any class of positions, along with procedures to implement such a program. 

Such programs may be carried out in cooperation with other governmental agencies as outlined in the 

personnel resolution. Any written or performance test must be valid as to its ability to test for job 

performance, and must not be discriminatory as to race, sex, or cultural factors. 

(Ord. of 10-15-97(2), policy V) 

Sec. 50-92. Examination polices. 

The personnel officer shall make public announcements of any vacancy for which a competitive 

examination is to be given. If eligible applicants, or promotional candidates where appropriate, are 

already available as a result of previous announcements, or if the vacancy is to be filled by promotion 

from within, no public announcement of the vacancy need be made. However, announcements may be 

placed in prominent places in the city offices and elsewhere to notify employees of promotional 

possibilities. 


Sec. 50-93. Rating examinations and examines. 

The personnel officer shall be responsible for establishing and maintaining a list of qualified 

candidates whose names shall be submitted to the proper division/director/chief for further 

consideration. No candidate for employment who has failed the examination requirements for the 

position shall be given any further consideration unless no qualified candidate may be found. Such 

persons may be appointed on a temporary basis not to exceed six months. 



ARTICLE VI. APPOINTMENT 

Sec. 50-111. Method of filling positions. 

The personnel officer shall submit records of all qualified applicants to the division director/chief 

for his review. The division director/chief shall then submit the name of the candidate whom he has 

selected to the personnel officer. 

(Ord. of 10-15-97(2), policy VI) 

Sec. 50-112. Emergency and provisional appointments. 

The mayor may approve emergency employment for not more than 90 days and provisional 

employment without open evaluation when the position must be filled immediately. No such provisional 

employment shall continue longer than six months, nor shall successive provisional appointments be 

allowed except during the first year after the effective date of the personnel resolution. 

(Ord. of 10-15-97(2), policy VI) 

Secs. 50-113--50-130. Reserved.

ARTICLE VII. PROBATIONAL AND REGULAR STATUS 

Sec. 50-131. Probational status. 

Each applicant appointed or promoted to a position shall be designated as a probational 

employee for a period of six months (police officers: one year from the date of employment, or for a 

period not exceeding one year if such extension is recommended by the appointing authority and 

approved by the mayor). During the probationary period, close observation of conduct and capacity of 

all probationers shall be made by appointing authorities, and if it is found from such observation or 

otherwise that probationer fails to meet all requirements satisfactorily, he shall be notified in writing of 

the reasons for such failure and dropped from the regular service (i.e., transfer, lay off, dismissal and 

other appeal). Each probational status promoted employee who has regular status promoted employee 

may not take any vacation leave during his probationary period except with the permission of the 

division head. In addition, they may not receive pay for any vacation leave accrued during their 

probational period if they resign or are terminated. 

(Ord. of 10-15-97(2), policy VII) 

Sec. 50-132. Regular status. 

At least 15 working days prior to the expiration of the employee's probationary period, the 

appointing authority shall notify the personnel officer in writing whether or not the employee has 

satisfactorily completed his probationary period. If the employee's work record or attitude is not deemed 

at an acceptable level to warrant recommendation for career status, the appointing authority may 

recommend dismissal or extension of the probationary period for a specified period of time not to 

exceed six months. If a probational status employee fails to qualify for regular status at the end of an 

extended probational period, their appointment shall be terminated and they shall be removed from 

government service. 

The mayor shall review recommendations from the appointing authority and shall approve or 

reject such recommendations. The effective date of regular status for original or promotional 

appointments shall be as designated by the mayor and council. Never shall an employee be assumed 

to have attained regular status without recommendation of the appointing authority and approval of the 

mayor. 

(Ord. of 10-15-97(2), policy VII) 

Secs. 50-133--50-150. Reserved.

ARTICLE VIII. PROMOTIONS, TRANSFERS, DEMOTIONS 


Vacancies in higher positions in the career service shall be filled as far as practicable by 

promotion from lower classes. To accomplish this purpose, the mayor may direct that only qualified city 

employees shall be considered for an existing vacancy. Such closed completions shall be allowed only 

when there is sufficient number of qualified eligibles with the city service. 

(Ord. of 10-15-97(2), policy VIII) 

Sec. 50-152. Promotional examinations. 

The personnel officer may conduct competitive promotional evaluations or examinations in 

accordance with these regulations. Such promotional examinations may consist of the same or different 

type than that normally prescribed for entrance examination for the class. In competitive promotional 

ratings, the personnel officer shall admit to the competitive process all employees who meet the 

published qualification requirements. The personnel officer may require each applicant who chooses to 

compete for a promotion to complete an application for the position on or before a specified date. 


Sec. 50-153. Intra-departmental transfers. 

The appropriate department head may, with approval of the division director/chief, anytime, 

transfer an employee under his jurisdiction from one position to another in the same class in the same 

department. An intra-departmental transfer of an employee to a position of another class shall be made 

only with the approval of the mayor and only between classes within the same pay range. The 

personnel officer shall be notified of such changes in assignment. 


Sec. 50-154. Inter-department transfers. 

A transfer of an employee from one department to another shall have the approval of both 

appointing authorities concerned and the mayor. Request for such transfer shall show how the 

employee concerned meets the qualification requirements of the class to which the transfer is 

proposed. 


Sec. 50-155. Demotion defined. 

Demotion is the movement of an employee from a higher grade/rank to a lower grade/rank with 

the same or less salary in the lower grade/rank by reclassification of his or her position to a lower 

grade/rank or by transferring him to a position with a lower grade/rank assignment. 

(1) Reasons for demotion.

a. When an employee does not perform the duties and responsibilities of his or 

her position at an acceptable level of competence as determined by his or her 

division director/chief. 

b. When an employee is insubordinate or uncooperative, acts in a manner 

tending to lower discipline or morale within the city service, or acts in a manner 

deemed not in best interest of the city service. Such employees may be demoted 

when alternative personnel actions such as suspension or dismissal may not be 

warranted, appropriate or deemed in the city's best interest. 

c. When an employee voluntarily requests such demotion. 

d. When an employee would otherwise be laid off because his or her position is 

being abolished due to lack of work or lack of funds, or because it has been 

reclassified to a higher classification/rank for which the incumbent is not qualified. 

e. When former incumbent of the position returns to work from authorized leave 

in accordance with the rules on leave. 

f. When an employee becomes physically incapacitated for the performance of 

the duties of his or her position and on either his/her own initiative or by action of 

the mayor is transferred to a position which he or she is able to perform and 

which carries a lower grade/rank. 

(2) Demotional recommendation. A division director/chief may recommend to the 

personnel officer that an employee be demoted when he determines such action is 

necessary, appropriate and in the best interest of the city. The recommendation shall be 

in writing and shall contain the reasons why it is necessary to recommend demotion 

rather than alternative personnel actions. The personnel officer will then confer with the 

mayor on an appropriate course of action. 

(3) Notification of demotion. Upon notification of approval of demotion, the division 

director/chief shall notify the employee. The notification shall be in writing and shall 

contain the reasons for demotion, the effective date and the employee's signature. If the 

employee feels the demotion to be unjust, he or she will so state in writing giving his 

reasons. Original copy of the notification of demotion with the employee's 

acknowledgment and reply thereto, if any, will be forwarded to the personnel officer for 

inclusion in the individual's official personnel file. A regular status employee shall also be 

informed of his/her right of appeal as outlined in article XII of this chapter. 


Sec. 50-156. Reassignment. 

(a) Any employee of the city performing duties that are physically demanding, potentially 

dangerous, or involve public safety may be reassigned to modified, lighter or safer duties when: 

(1) The employee is unable to perform current duties based on medical certification by 

a physician approved by the city. 

(2) Continued performance of current duties may 

condition/problem as diagnosed by a physician. 

aggravate a present medical 

(3) Continued performance of current duties may cause additional medical 

problems/injuries to the employee. 

(b) Every effort will be made to reassign the employee to other duties within the same 

department. If a reassigned employee is unable to resume his/her original duties within six 

months of reassignment, the personnel office will:

(1) Assign the employee to a vacant position in another classification for which the 

employee is qualified, and at a salary comparable to that of other employees in the same 

classification. 

(2) If no vacancy exists in another classification for which the employee is qualified, the 

employee will be separated from city service. 


Secs. 50-157--50-170. Reserved.

ARTICLE IX. PERFORMANCE APPRAISAL PLAN 

Sec. 50-171. Policy and objectives. 

It is the policy of Senoia to assure that each probationary and regular employee in the city 

service will have the opportunity, at predetermined intervals, to discuss with his/her supervisor his/her 

overall work performance and his/her personal progress. This policy is to be implemented through the 

performance planning and evaluation system in which results achieved are compared with previously 

established standards for results expected. 

It is intended that the results oriented approach will strengthen the working relationship between 

each employee and his/her supervisor, provide a clear understanding of mutual expectations regarding 

past and future work, and stimulate a commitment to excellence for the individual and the city. 

Implementation of this policy achieves several objectives. Without regard to order of importance, 

they will: 

(1) Help each employee perform his present work more effectively, with direct benefits 

both to himself and to the department; 

(2) Enable each department to utilize better the full capabilities of each of its people, 

and hence improve its own performance in reaching its objective; 

(3) Provide meaningful date for consideration in personnel decisions such as merit 

increases, promotions, transfers, reassignments, layoffs, reemployment, disciplinary 

actions, etc.; 

(4) Encourage each employee to evaluate his/her own performance, specific or general 

problems, and long range career interests and objectives; 

(5) Enable supervisors to know each employee better as a person, to recognize more 

quickly certain capabilities and potentials, to become aware of emerging interests and 

objectives, and to demonstrate more clearly his/her own interest in the employee's 

further development and progress; 

(6) Provide each supervisor with an opportunity to sense any problems in job 

satisfaction and morale among employees, individually or as a group, and to understand 

the factors that may be affecting their performance adversely, and consequently his/her 

own. 

(Ord. of 10-15-97(2), policy IX) 

Sec. 50-172. Development of performance appraisal system. 

(a) Job review: The supervisor and employee shall review their perceptions of the employee's 

job and come to a mutual agreement on the exact functions and components of the job. Those 

broad areas which are considered most important shall be defined and used as a starting point 

for the second phase process. 

(b) Development of job requirements: The supervisor and employee shall mutually establish 

the position responsibilities, duties, and tasks against which performance shall be measured. 

The main source of these requirements should be transferred from the employee's job 

description. Job requirements shall measure what is expected of the average fully qualified 

employee. The job requirements shall be set for the position, not the person. Any individuals in 

the same position shall be evaluated based on the same job requirements.

Responsibilities shall be as explicit and as measurable as possible to avoid future disagreements about 

whether or not an objective has been met. 

(c) General: Position responsibilities, duties, and tasks shall be recorded under position 

requirement on the performance appraisal instrument (see sample) in order of importance. 

Any changes to job requirements are to be recorded on additional pages or entered as corrections or 

updates on the original performance appraisal instrument (PAI) and recorded in the summary 

performance appraisal form under supervisor's comments. A new PAI will then be developed after the 

evaluation period. If there is a change of supervisors, the successor is to review promptly the current 

plans of each employee they later will be called upon to evaluate. If he or she contemplates changes, 

these are to bediscussed with the employee concerned and made a matter of record in the summary 

performance appraisal form under the supervisor's comments. The same process will follow as 

mentioned above. 

If possible, advance notice of at least two working days should be given each employee prior to his/her 

performance evaluation discussion. Notice can be either verbal or written. The objective of this 

discussion is full understanding and agreement consequentially, either party should be willing and able 

to refer to specific examples if there are needed for clarification. Each is free to have notes, questions, 

data, and other information at hand for quick reference. 

Third parties may be present at a performance evaluation discussion under certain special 

circumstances. The most frequent case would be for training purposes. If an observer is to be present, 

the evaluating supervisor should inform the employee and obtain his/her approval, in advance. 

After the evaluation discussion, the supervisor discusses his/her recommendations with the appropriate 

authority. The procedure then follows the management system approved by the city council. 


Sec. 50-173. Performance appraisal instrument. 

When the job requirements are established, they will be listed on the performance appraisal 

instrument. The employee will be rated as unsatisfactory, marginally satisfactory, fully satisfactory or 

outstanding on each requirement and will then be given an overall rating of unsatisfactory, marginally 

satisfactory, fully satisfactory or outstanding. 


Sec. 50-174. The evaluator. 

No employee should have any doubt as to whom he or she reports or who is accountable for 

his/her work performance at any given time. If, because of rotational assignments or for other reasons, 

the employee will be working short periods for a number of persons, the department will designate the 

evaluator in advance. It will be expected that this evaluator will consult with other supervisors and 

document their evaluation, as a basis for informal interim work reviews and the formal evaluation each 

year. 

If the employee transfers to a different position and becomes responsible to a different 

supervisor, the original evaluator will prepare a special performance evaluation prior to the effective 

date of position change. The new supervisor then will develop new job requirements to apply for the 

balance of the normal rating period. 

Promotions, within or between departments, result in a new probationary period and require the 

performance evaluation procedure appropriate to the status. 

(Ord. of 10-15-97(2), policy IX)

Sec. 50-175. Frequency of review. 

(a) Generally. Probationary employees, in either initial employment or promotional status will 

be reviewed at the end of three months and at least fifteen days prior to the completion of the 

six-month probationary period. The three-month review will take the form of a memo for the 

employee's personnel file. It must be remembered that written documentation should be 

established for either good work or work that needs improvement. If the employee successfully 

completes the probationary period, regular status will be granted. The employee is then 

evaluated on the anniversary of hire date or promotion. 

(b) Rules. The following rules will govern the transition into the program: 

(1) Regular employees. All employees who have been granted regular status by 

January 1, 1996 will be evaluated on January 1. All current probationary employees will 

be evaluated at the end of probation and thereafter on January 1. 

(2) New-hire probationary employees. Employees in this category successfully 

completing the six months (police officers: one year) probationary period will be granted 

regular status. 

(3) Promoted probationary employees. Employees in this category successfully 

completing the three-month probationary period will be granted regular status in the 

promoted position. 

(4) City council. The city council may authorize a merit increase and/or cash bonus, at 

any time to a deserving employee based on exemplary performance, acts or actions that 

prove to be most beneficial to the city. An employee receiving this special remuneration 

will still be eligible for further salary adjustment at the next annual evaluation. 


Sec. 50-176. Performance rating linked to personnel actions. 

After annual or end-of-probation performance appraisals are completed, the following process 

occurs: 

(1) As shown in section 50-173, an evaluation will be completed and overall rating 

given to an employee's performance. 

(2) The following personnel actions will be taken based on the employee's overall 

performance rating: 

a. Unsatisfactory. If the employee's overall rating is deemed unsatisfactory, the 

employee will be terminated from city employment. There must be 

documentation that the employee has been made aware of his unsatisfactory 

performance prior to the evaluation and advised on what would be required to be 

considered satisfactory. 

b. Marginally satisfactory. If the employee's overall performance rating is 

marginally satisfactory, the employee will be placed on three months probation. 

The employee will be evaluated monthly and must achieve a fully satisfactory 

rating at the end of the three month probation or the employee will be terminated 

from city employment. 

c. Fully satisfactory. If the employee's overall performance rating is fully 

satisfactory, the employee is eligible for a one- step merit increase.


Sec. 50-177. Final review. 

d. Outstanding. If the employee's overall performance rating is outstanding, the 

employee is eligible for a two-step merit increase. 

The final review process is as follows: 

(1) Division directors/chiefs shall be evaluated by the mayor and council. 

(2) All other employee performance evaluations shall be reviewed by the mayor as 

head of the evaluation review board. 


Secs. 50-178--50-190. Reserved.

ARTICLE X. SEPARATIONS 

Sec. 50-191. In general. 

An employee may be separated from the service of the city by any one of eight different 

methods as described below: 

(1) Resignation. To resign in good standing an employee shall give in writing to their 

immediate supervisor and division director/chief at least 14 calendar days prior notice. 

Resignation notices shall include the date the resignation is submitted, the effective date 

of the resignation and the reason for resigning. Normally, failure to comply with this rule 

shall be entered on the service record of the employee and shall result in a denial of reemployment 

rights. The mayor may waive the 14 days notice period if exceptional 

circumstances warrant immediate resignation. Also, if necessary, any employee, that 

has given the proper notice, may be asked to resign immediately, with either pay to 

continue until his official termination date. 

(2) Compulsory. An employee who is absent from work for a period of three working 

days or more without notifying his supervisor of the reasons for his absence and 

receiving permission to remain away form work shall be considered as having resigned 

without notice and not in good standing; provided, however, that the failure to contact 

their supervisor was not caused by unavoidable circumstances. Such an employee is 

normally not eligible for re-employment. 

(3) Disability. An employee may be separated for disability when he has contracted 

some mental or physical ailment or defect which incapacitated him for usefulness in the 

city's service. Action may initiated by the employee, his legal representative, or the city, 

but in all cases it must be supported by medical evidence acceptable to the mayor. The 

city may require an examination at its expense, performed by a physician of its choice. 

A division director/chief may direct an employee under his jurisdiction to be examined by 

a designated physician of the city. When a disability of any kind is discovered which 

impairs the effectiveness of an employee or makes his continuance on the job a danger 

to himself or others the following action shall be taken: 

a. If the disability is correctable, the employee shall be allowed a specified time 

as determined by the mayor to have it corrected. If he failed to take steps to have 

the disability corrected within the specified time, he shall be subject to 

disciplinary action. 

b. If, in the opinion of the examining physician, the disability cannot be 

corrected, the division director/chief subject to the approval of the mayor shall: 

1. Attempt to place the employee in another position which he can 

perform satisfactorily. If that cannot be accomplished successfully, the 

division director/chief shall: 

2. Take steps to separate the employee from the city service through 

retirement or lay-off. 

(4) Death. An employee who dies while in the city service shall be separated effective 

as of the date of death. Accumulated annual leave and any salary due the employee 

shall be paid to the estate of the deceased. 

(5) Layoff. Layoff is the termination of employment of a merit system employee when, 

for any valid reason, it may be necessary to abolish one or more positions or reduce the

number of employees in the city service. Layoff does not reflect discredit upon the 

service of the employee. 

It shall be the policy of Senoia to retain those employees with the highest degree of 

seniority whenever possible. 

If a layoff shall be so ordered within a given department, employees shall be laid off in 

the reverse order of their length of service. If it shall be found that two or more 

employees have the same length of service, the decision shall be based on the 

employees performance evaluation reports and shall retain the employee(s) with the 

greatest degree of competence. Within each affected job class, all temporary employees 

shall be laid off before probationary employees [and all probationary employees] shall 

belaid off before any regular employee. 

When a division director/chief believes that a certain individual is essential to the efficient 

operation of the department or organizational unit because he possesses special skills 

or abilities and he wishes to retain this individual in preference to a person with higher 

seniority date and/or rating as provided permission to do so. This request shall set forth 

in detail the specific skills and abilities possessed by the individual and reasons why 

such individual is essential to the effective operation ofthe department. With the approval 

of the mayor, the individual may be retained. 

If a regular employee is scheduled to be laid off, he shall be offered a demotion to a 

lower class if a vacancy exists and if he is qualified to fill positions in the lower class 

involved. 

Prior to a reduction in force, the names and job titles of any and all regular employees 

scheduled for layoff shall be submitted to the mayor for approval and until he/she 

approves and confirms the names submitted for layoff, no layoff shall be consummated. 

Regular career employees shall be notified in writing at least 14 calendar days prior to 

the effective day of layoff. 

(6) Loss of job requirement. Any employee who is unable to do his job adequately 

because of loss of or inability to obtain a necessary license or other requirement, may be 

separated by a layoff if another position for which he is qualified is unavailable. 

(7) Dismissals. A regular employee whose work is not satisfactory over a period of 

time shall be notified in what way his work is deficient and what he must do if his work is 

to be considered satisfactory. A regular employee may be dismissed by his division 

director/chief if he fails to perform work up to the standard of the classification which he 

holds, or if he is guilty of any of the acts listed in section 50-216. When an employee is 

discharged, the divisions director/chief shall immediately provide the mayor and 

thedischarged employee with a written notice of the discharge indicating the effective 

date and the reasons for the discharge. A regular employee shall be notified of the right 

of appeal as provided in section 50-234. 

(8) Retirement. Retirement shall be governed by polices set forth in the city retirement 

plan. Upon retirement the employee shall be paid for any used vacation leave 

accumulated. 

(Ord. of 10-15-97(2), policy X) 

Sec. 50-192. Exit interviews. 

All regular employees leaving the city service will be interviewed by the personnel officer. The 

purpose of the interview is to assist in the overall operation of the city. 

(Ord. of 10-15-97(2), policy X) 

g

Secs. 50-193--50-210. Reserved.

ARTICLE XI. DISCIPLINARY ACTION 

Sec. 50-211. Generally. 

It is the policy of the city that employees conduct themselves and city affairs in accordance with 

the highest standards of personal integrity and ethical business practices. Every employee must clearly 

understand that any misappropriation, misuse, or conversion of city funds or property, regardless of the 

value, for personal use or gain will not be tolerated. 

Employees determined to be in violation of this policy will be subject to disciplinary action up to 

and including immediate termination of employment and criminal prosecution, if warranted. Section 50- 

216 contains a partial listing of unacceptable employee conduct/action that will result in disciplinary 

action. 

(Ord. of 10-15-97(2), policy XI) 

Sec. 50-212. Reprimand defined. 

Reprimand is an oral or written notice of policy violation, mistakes, inefficiency or other factors which 

may adversely influence an employee's ability to efficiently and effectively carry out his/her duties and 

responsibilities. 

(1) Oral reprimand. Oral reprimands will be considered the normal means of correcting 

the action of subordinates; such reprimands will not affect the employee's privileges or 

status but will be recorded in his/her department's personnel file. 

(2) Written reprimand. Written reprimands will be reserved for repeated offenses or 

those of a serious nature. When reduced to writing, they are required to be shown to the 

subordinate, who will acknowledge receipt of same over his/her signature. The 

subordinate, if he/she feels the written reprimand to be unjust, will so state in writing, 

giving his/her reasons. Original acknowledgment and reply thereto, if any, will be 

forwarded to the personnel office for inclusion in the individual's official personnel file. 

(3) Appeals from reprimands. Oral or written reprimands may be appealed through the 

appeal procedure prescribed in article XII of this manual, provided such appeal is 

instituted within ten working days of date of oral reprimand or receipt of written 

reprimand. 


Sec. 50-213. Suspension defined. 

Suspension is the temporary removal of an employee from city service for cause for a specified 

or indefinite period. A suspended employee shall not receive pay during the suspension period and 

may accrue benefits during the suspension period only as specifically provided in other parts of this 

rule. 

(1) Suspension for disciplinary reasons. An employee who does not continue to do 

his/her work at an acceptable level of competence as determined by his/her division 

director/chief, who is insubordinate or uncooperative, who acts in a manner tending to 

lower discipline or morale within the city service or who in a manner deemed not in the 

best interest of the city service or its good repute may be suspended for a reasonable

period of time, not to exceed ten working days, when alternative personnel actions 

(demotion or dismissal) may not be warranted, appropriate or deemed in the best 

interest of the city. 

(2) Suspension pending a court decision. An employee may be suspended for an 

indefinite period when the mayor determines such action is necessary and in the best 

interest of the city service in cases where an employee is charged with and awaiting trial 

for a criminal offense involving matters prima facie prejudicial to the competent 

discharge of his/her duties and responsibilities. In these cases, the mayor may take such 

action which he/she deems necessary under the circumstances. After the employee has 

been tried and a verdict reached by the court, the mayor along with a discussion of the 

division head/chief shall then make a final determination as to whether the employee 

shall be reinstated, dismissed or subject to whatever disciplinary action that may be 

considered to be necessary and appropriate in consideration of the facts in the case. 

(3) Suspension during investigation of charges. When an employee has acted or is 

alleged to have acted in a manner which would subject him/her to dismissal from city 

service, he/she will be given a written list of charges and may be suspended, with pay, 

by his/her division director/chief for a period not to exceed ten working days while the 

division director/chief and personnel officer investigate the charges before making a 

(final) determination as to whether the service. An employee who is exonerated of 

charges following investigation shall be reinstated without loss of pay, privileges, 

benefits or status. 

(4) Notice of suspension. A regular status employee shall be informed in writing of 

his/her suspension and reasons thereof and the right of appeal. The personnel officer 

shall be notified immediately of all. 

(5) Suspension which may be appealed. Any suspension of a regular status employee 

for disciplinary reasons or a suspension during an investigation of charges may be 

appealed pursuant to article XII within ten working days of receipt of written notification 

of suspension or suspension shall become final without further action. 


Sec. 50-214. Demotion. 

See article VIII, Promotions, transfers and demotions, section 50-155. 


Sec. 50-215. Dismissal defined. 

Dismissal is removal of a regular status employee from the city service for cause. In cases of 

appeals from dismissal, a dismissed employee shall not be permitted to accrue any privileges or 

benefits during the period he is awaiting a final decision of his appeal. 

(1) Employees subject to dismissal. An employee subject to these policies may be 

dismissed for cause when alternative personnel actions (i.e., suspension, demotion, etc.) 

would not be deemed sufficient, appropriate or in the best interest of the city service and 

its good repute. 

(2) Dismissal recommendation. When he/she determines that such action is 

necessary, appropriate and in the best interest of the city service, a division 

director/chief will forward to the personnel officer that an employee has been dismissed. 

The recommendation will be in writing and shall contain the reasons why it is necessary

for the division director/chief to dismiss an employee. The personnel officer will then 

notify the mayor of the dismissal. 

(3) Dismissal notification. Notification of dismissal shall be in writing and shall contain 

the reasons and effective date. A regular status employee shall also be informed in 

his/her notification that he/she has the right of appeal, pursuant to article XII of this 

chapter. 


Sec. 50-216. Reasons for disciplinary actions. 

Listed below are some of the reasons which might be cause for disciplinary action referred to in 

this article, but disciplinary action is not limited to the offenses listed. 

(1) Insubordination or uncooperative attitude, tending to lower discipline and morale. 

(2) Failure to do work at an acceptable level of competence as determined by his 

division director/chief (may include excessive tardiness, lost time or inefficiency). 

(3) Conviction of a felony or crime involving moral turpitude. 

(4) Inexcusable absence without leave. 

(5) Abuse or misuse of city property or vehicles. 

(6) Willfully giving false statements to supervisors, officials, or the public. 

(7) Violation of city ordinances, administrative regulations or departmental rules. 

(8) Drinking alcoholic beverages during the duty day, or outside working hours in such 

a manner as to adversely affect attendance or job performance or any involvement in the 

manufacture, distribution, possession or use of illegal, non-prescription drugs or illegally 

obtained prescription drugs. 

(9) Discovery of false statement in an application which had not been detected 

previously. 

(10) Acceptance of gratuities in conflict with this chapter. 

(11) Physical or mental disability which precludes satisfactory performance of duties or 

refusal to be examined by a city authorized, licensed physician when so directed. 

(12) Conducting any political activities while performing city duties. 

(13) Acts during or outside of duty hours which are incompatible with the public 

services. 

(14) Discourteous treatment of the public or other employees. 

(15) Theft or conversion of city funds or property, regardless of value, to include items 

earmarked for disposal or salvage. 

(16) Theft of city plants, flowers, trees, wood, chips, soil, sand and any other nature 

related item. 

(17) Use of city equipment or facilities for personal use or benefit. 

(18) Use of city employees to perform work or duties for the personal benefit or gain of 

another city employee. 

(19) The employment or contracting with a subordinate employee by supervisory 

personnel to perform work after duty hours on a personal residence, automobile or other

personal property or to solicit any type of service for personal gain from the subordinate. 


Secs. 50-217--50-230. Reserved.

ARTICLE XII. GRIEVANCES AND APPEALS 


The most effective accomplishment of the work of the city requires prompt consideration and 

equitable adjustments of employee grievances. It is the desire of the city to address grievances 

informally [and] both supervisors and employees are expected to make every effort to resolve problems 

as they arise. However, it is recognized that there may be grievances which will be resolved only after a 

formal appeal review. 

(Ord. of 10-15-97(2), policy XII) 

Sec. 50-232. Grievance defined. 

A grievance is a complaint made by an employee concerning the interpretation of these rules 

and regulations or department work rules affecting his/her employment with the city. This complaint is 

not the basis for an appeal to the examining panel under section 50-233 of this article. 

(1) Grievance procedure (informal). An employee who has a problem or complaint 

should first try to get it settled through discussions with his immediate supervisor within 

five working days after a grievance has occurred. If after this discussion, he does not 

believe the problem has been satisfactorily resolved, he should have the right to discuss 

it with his supervisor's immediate superior. Every effort should be made to find an 

acceptable solution by informal means at the lowest possible level of supervision. If the 

employee is not in agreement with the decision reached by discussion he/she shall then 

have the right to file a formal grievance in writing to the division director/chief within five 

working days after receiving the informal decision or decisions. An informal grievance 

shall not be taken above the division director/chief. 

(2) Grievance procedure (formal) 

a. Within five working days after an employee received a decision involving an 

informal grievance that is not satisfactory to the employee, the employee shall file 

a written complaint with their division director/chief. The written complaint shall 

state the nature of the grievance, the supervisors through which the employee 

had attempted to resolve the grievance and the relief that the employee sought. 

The employee's division director/chief shall promptly investigate the employee's 

grievance, including, but not limited to discussing the grievance with the 

employee, their authorized representative, if any, and with any other appropriate 

persons. The personnel officer shall maintain a file involving each formal 

grievance which contains all written materials submitted by an employee and by 

any of the employee's supervisors or division director/chief. 

b. Within ten working days after receiving a written complaint from an employee 

involving a grievance, the division director/chief shall render a decision in writing. 

Notice of the decision shall be sent to the personnel officer and to the employee 

or their authorized agent, if any. 

c. If the decision reached by the employee's division director/chief is not 

satisfactory to the employee, the employee shall have the right to file a written 

complaint involving the grievance with the personnel officer, setting forth 

particularly the grounds wherein such employee contends that the decision of the 

division director/chief was in error. The written complaint shall be filed with the


personnel officer within ten working days after a final decision has been reached 

by the division director/chief andcomply with the requirements of subsection 50- 

232(2)a. Upon receiving the grievance, the personnel officer shall investigate the 

employee's grievance by discussing the grievance with the employee, their 

authorized representative, if any, or with any appropriate persons and shall 

review the decisions of the employee's supervisor and division director/chief. 

d. Within ten working days after receiving a grievance of any employee, the 

personnel officer shall issue a ruling concerning the employee's grievance. A 

copy of the ruling of the personnel officer shall be sent to the employee or their 

authorized agent, if any, by the personnel officer. The ruling of the personnel 

officer involving a grievance shall be final. 

Sec. 50-233. Grievances procedures for division director/chief. 

(a) Informal. The division director/chief who has a problem or complaint should attempt to 

solve that problem or resolve that complaint by discussing it with the mayor within five working 

days after the occurence which gave rise to the grievance. If the division director/chief is 

dissatisfied with the decision reached by the discussion, he then has the right to file a formal 

written grievance to the mayor within five working days after receiving the informal decision or 

decisions. An informal grievance cannot be appealed beyond the mayor. 

(b) Grievance procedures (formal). 

(1) Within five working days after a division director/chief received an unsatisfactory 

result on an informal grievance, he may file a written complaint with the mayor. A written 

complaint shall state the nature of the grievance and the relief that the division 

director/chief seeks. The mayor shall investigate the division director/chief's grievance by 

discussing the grievance with the division director/chief of his authorized representative 

and with any other persons. The personnel officer shall maintain a file on each formal 

grievance which shall contain all written materials submitted by an employee. 

(2) Within ten working days after receiving a written complaint from a division 

director/chief involving a grievance, the mayor shall render a written decision. Notice of 

the decision shall be sent to the personnel officer and to the division director/chief or his 

authorized representative. 

(3) If the division director/chief is dissatisfied with the mayor's decision, he may file a 

written complaint on the grievance with the city council. Said complaint shall be set forth 

with particular any errors in the mayor's decision. The written complaint shall be filed 

with the city council within ten working days, after a final decision has been reached by 

the mayor and shall comply with the requirements of subsection 50-233(b)(1). Upon 

receiving the grievance, the city council may elect one or more city council members to 

investigate the grievance and review the decision of the mayor. 

(4) Within 30 working days after receiving a grievance of a division director/chief the 

city council shall have the investigator's findings, said shall issue a decision on the 

grievance. A copy of the decision of the city council shall be sent to the employee or his 

authorized representative by the personnel officer. The ruling of the city council involving 

a grievance shall be final. 


Sec. 50-234. Appeals defined.

Any regular employee, except for a division director/chief who is reprimanded, suspended, 

demoted or dismissed shall be given the right to appeal this action to an examining panel (hereinafter 

referred to as the "panel"). 

(1) List of qualified examiners. The personnel officer shall select and the city council 

shall approve a list of city employees who shall be qualified to examine, investigate and 

hear appeals of aggrieved employees of the city. The list of qualified examiners shall be 

maintained by the mayor and personnel officer. 

(2) Procedures for appeals. 

a. Within ten working days after an employee of the city has been aggrieved as 

defined in section 50-233, the aggrieved employee (hereinafter referred to as the 

"appellant"), or their authorized agent, if any, shall file an appeal in writing with 

their division director/chief and the personnel officer. 

b. Within five working days after an appeal has been filed, the appellant or their 

authorized agent, if any, shall select from the list of qualified examiners the 

names of three persons that he/she wished to serve on the panel and shall 

submit said names to the personnel officer. 

c. Within two working days after the appellant or their authorized agent, if any, 

has submitted the names of five qualified examiners to the personnel officer, the 

examiners who have been selected and shall delete the name of two of the 

examiners. The remaining three qualified examiners shall comprise the panel. 

d. Within ten working days after the members of the panel have been selected, 

the personnel officer shall schedule a hearing before the panel and shall 

promptly notify all persons involved of the time and place of the hearing before 

the panel. The date of the hearing before the panel may be continued by 

agreement between the appellant or their agent, if any, and the personnel officer 

but, in any event, the hearing shall be held not later than 23 working days after 

the three members of the panel have been determined. All hearings shall be held 

in private sessions unless, at the time of selecting the panel, the appellant or 

their authorized agent, if any, makes a written request to the personnel officer 

that he/she desires that the hearing be open to the general public. 

e. At the hearing before the panel, the appellant shall have the right to be 

present and to be heard either personally or though counsel, to have all 

witnesses sworn, to call and examine witnesses on any evidence against 

him/her. The hearing will be recorded. 

f. Within five working days after a hearing before the panel, the panel shall 

make a decision on the employee's appeal. The personnel officer shall mail or 

otherwise deliver a copy of the panel's decision to the appellant. When the final 

decision of the panel is in favor of the appellant, said employee shall be restored 

to their former position and pay status and shall also be paid for salary, wages 

and allowances which may have been withheld or forfeited from the time of such 

dismissal, demotion, suspension,or reprimand. 

g. The appellant may, if they so choose, appeal the panel's decision within five 

working days of that decision with the mayor and city council. The mayor and 

council shall make its decision on the record in the hands of the panel unless the 

city, in its discretion, shall order a further evidentiary hearing as a matter or right. 

The decision of the mayor and city council shall be made within 15 working days 

of the time an appeal was filed and will be final. 

(Ord. of 10-15-97(2), policy XII)

Sec. 50-235. Appeals for division directors/chiefs. 

All division directors/chiefs who are reprimanded, suspended, demoted, or dismissed shall have 

the right to appeal this action to the city council. 

(1) Procedure for appeals. 


Secs. 50-236--50-250. Reserved. 

a. Within ten working days after an employee of the city has been aggrieved, 

the aggrieved employee (hereinafter referred to as the "appellant"), or their 

authorized agent, if any, shall file an appeal in writing to the mayor with a copy of 

the appeal to the personnel officer. 

b. Within ten working days of the appellant filing an appeal, the personnel officer 

shall schedule a hearing before the city council and shall promptly notify all 

persons involved of the time and place of the hearing before city council may be 

continued by agreement between the appellant or their agent, if any, and the 

personnel officer but, in any event, the hearing shall be held not later than 23 

working days. All hearings shall be held in private sessions unless, at the time of 

submitting the appeal, the appellant or their authorized agent, if any, makes a 

written request to the personnel officer that he/she desires that the hearings be 

open to the general public. 

c. At the hearings before the city council, the appellant shall have the right to be 

present and to be heard either personally or through council, to have all 

witnesses sworn, to call and examine witnesses, to introduce exhibits, to cross 

examine opposing witnesses on any matter material and relevant to his/her 

appeal, and to rebut any evidence against him/her. This hearing will be recorded. 

d. Within five working days after a hearing before the city council, the city 

council shall make a decision on the employee's appeal. The personnel officer 

shall mail or otherwise deliver a copy of the city council's decision to the 

appellant. When the final decision of the city council is in favor of the appellant, 

said employee shall be restored to their former position and pay status and shall 

also be paid for salary, wages, and allowances which may have been withheld or 

forfeited from the time of such dismissal, demotion, suspension or reprimand.

ARTICLE XIII. ATTENDANCE AND LEAVE 

Sec. 50-251. Hours of work. 

The work week shall be established by the mayor and shall be the same for all persons 

occupying full-time positions in the same class under the same conditions. 

(Ord. of 10-15-97(2), policy XIII) 

Sec. 50-252. Attendance. 

Each division director/chief shall be responsible for the punctual attendance of all employees 

under his/her administrative supervision and shall keep such attendance records as shall be required 

by the mayor. 


Sec. 50-253. Holidays. 

(a) General policy; holidays designated. It shall be the policy of the city to insure that all 

regular employees enjoy the same number of holidays each year. All regular employees shall 

be eligible for holiday leave for the following days and such other days as may be designated by 

the city council: New Year's Day, Martin Luther King, Jr. Birthday, Memorial Day, Independence 

Day, Labor Day, Thanksgiving, Friday following Thanksgiving, one-half day on the last work day 

prior to Christmas, Christmas Day. In order to receive pay for an observed holiday, an employee 

must not have been absent without an excused leave in advance on either the work day 

immediately before or after the holiday. Employees required to work on a holiday shall be 

remunerated as in either subsections (1) or (2) below: 

(1) Employees will be paid their regular pay plus an additional eight hours of pay; or 

(2) In lieu of the additional eight hours pay, employees will elect to substitute another 

day in lieu of the holiday with the approval of the division director/chief. 

Employees shall have 90 days after deferring a holiday to take the time off. Employees who fail to take 

the deferred holiday off within 90 days shall lose the holiday and shall not be eligible for pay or time off. 

(b) Official holiday which falls on Saturday or Sunday. When a holidays falls on Saturday, the 

preceding Friday shall be observed; when a holiday falls on Sunday, the following Monday shall 

be observed; or the mayor may designate another day in lieu thereof. 


Sec. 50-254. Annual leave; vacation. 

(a) Persons entitled. All regular employees, after one year continuous employment, working 

full-time, are eligible to accrue vacation leave as outlined in subsection (b) of this section. 

Temporary, seasonal, and other part-time or substitute employees are not eligible for vacation 

leave. 

(b) Accrual of annual leave. Following one full year of satisfactory service, full-time, eligible

employees shall have accrued 40 hours of paid vacation. Following three continuous years of 

satisfactory service, eligible employees shall be given 80 hours of paid vacation; following five 

years of continuous satisfactory service, eligible employees shall be given 120 hours of paid 

vacation. Following ten years of continuous satisfactory service, eligible employees shall be 

given 160 hours of paid vacation. Annual leave for regular employees working less than full-time 

be pro-rated. 

(c) Accumulated leave. Vacation time may be accrued past the employee's anniversary date 

up to a total of 20 work days (four weeks). All vacation time will continue to need pre-approval 

by the employee's supervisor to assure adequate staffing for the city. Permission of the mayor is 

required. Vacation time (year) is based on anniversary date. 

In all cases, no employee may receive pay in lieu of vacation not taken except under the following 

circumstances: 

(1) An employee who leaves the city service in good standing will be eligible to receive 

unused vacation pay prorated according to the number of whole months worked during 

the employment year. 

(2) Upon separation from city service according to the guidelines put forth in this policy. 

(3) If an employee is called in to work during his vacation period, he may choose to 

take an additional day of vacation or he may be paid for that vacation day worked plus 

his regular day's pay. An employee shall not be required to interrupt his vacation to 

perform work for the city. 

(d) Time for using vacation leave. Vacation leave assignments will be made in accordance 

with the preference of the employee where possible; however, leave must be taken at the 

convenience of the department, and the division director/chief's decision as employee taken 

vacation leave, the division director/chief will submit a vacation leave request form to the 

personnel officer. The personnel officer will verify the employee's vacation hours and notify the 

division director/chief. Vacations and legal holidays cannot be combined in order to have extra 

consecutive days off to the detriment of the city. Employees may take the full vacation time all at 

once, provided each job shall be covered adequately; or they may take one full week with the 

additional time divided, provided, however, that no vacations inconvenience the City. In the 

event of conflicts over vacation time, seniority will take precedence, however, vacation dates 

can be exchanged if worked out amicably. 

(e) Variation. Any variation to the provisions of this section shall require specific prior approval 

of the mayor. 

(Ord. of 10-15-97(2), policy XIII; R-99-04, 3-15-99) 

Sec. 50-255. Sick leave. 

(a) Sick leave defined. Sick leave is paid leave that may be granted to each eligible employee 

who through sickness or injury becomes incapacitated to a degree that makes it impossible for 

him to perform the duties of his position, who is quarantined by a physician because he has 

been exposed to a contagious disease, for medical, dental, or optical examination or treatment 

or for personal emergency if specifically approved by the mayor. 

(b) Person entitled. All regular employees are eligible to accrue sick leave as outlined in 

subsection (d) of this section. Temporary, seasonal and other part-time or substitute employees 

are not eligible for sick leave. 

(c) Sick leave for on the job injury. An employee who sustains an on-the-job injury, must report 

the injury to his supervisor immediately on forms provided. If the injury necessitates the 

employee's absence from work, he may immediately go on sick leave. He may remain on official

sick leave until workman's compensation takes over. The employee will then receive only 

workman's compensation benefits. The mayor and city council are involved. A determination will 

be made at the end of 13 weeks and again at 26 weeks to determine permanent disability. 

(d) Accrual of sick leave. Each full-time employee shall earn sick leave at the rate of eight 

hours per month of service. There shall be a 480 hours (12 work weekday) limit placed on the 

amount of sick leave earned by all full-time employees. 

(e) Reporting of sick leave. An employee who is absent from work because of illness is 

responsible for reporting to the appropriate supervisor within four hours before the designated 

reporting time on the day of absence, and will be expected to keep his supervisor informed of 

his progress on a regular basis. Such leave will be charged against sick leave. Where a relief 

employee is required in a department which must provide 24 hours sustained service, the 

employee must report his absence two hours before the designated reporting time.In the event 

of failure of compliance with the provision, the employee will be charged on the payroll with 

leave without pay. 

(f) Use of sick leave. Sick leave is not to be considered a right which an employee may use at 

his discretion, but a privilege not to be abused. Division/director chiefs who feel an employee is 

abusing the sick leave privilege may require the employee to furnish a doctor's certificate for 

each period of absence regardless of the provision of subsection (g) of this section. 

(g) Doctor's certificate. If an employee shall be absent for more than three days, he shall be 

required to submit a doctor's certificate upon his return attesting to his inability to have reported 

for work during his absence. 

(h) Sick leave on termination of employment. Payment for accumulated sick leave up to the 

following maximum will be made upon death or retirement from the city. Service will be as 

follows: 

10 years total service--240 hours 

15 years total service--480 hours 

Employees, upon separation from city service for any other reason shall not receive payment for 

accumulated sick leave. 

(i) Absence for doctor's or dentist's appointment. An employee may use sick leave to meet a 

doctor's or dentist's appointment provided he notifies his supervisor as far in advance as 

possible of his appointment. 

(j) Illness in the family. An employee may use up to 24 hours of sick leave in a calendar year 

to attend to the illness of someone in his immediate family. Immediate family in this case shall 

include spouse, child or parent. 

(k) Sick leave during vacation periods. An employee who becomes ill during vacation may be 

granted the option of turning such vacation leave into sick leave upon presentation of a doctor's 

certificate. 


Sec. 50-256. Military leave. 

(a) Any employee covered by these personnel policies who is a member of the National Guard, 

Naval Militia, Air National Guard or reserve component of any of the Armed Forces of the United 

States and who is ordered to engage in field training shall be granted a military leave with pay 

for a period of time not exceeding 15 days in any one continuous period of time. In the event the 

governor declares an emergency, this period of time may be extended to 30 days. This leave of 

absence shall be granted in addition tohis vacation.

(b) When an employee not on probation is called to active duty or inducted into the military or 

naval forces of the United States, he shall automatically be granted a leave of absence without 

pay for the duration of such active military service as prescribed by the U.S. Public Law 93-508. 

Each employee may be reinstated without loss of privileges or seniority provided he reports for 

duty with the city within 90 days following his honorable/general discharge from military service. 

Employees who have been classified as disabled as a result of military service shall have an 

additional year to report back to work with the city. 


Sec. 50-257. Civil leave. 

Any employee shall be given time off without loss of pay when performing jury duty or when 

required by proper authority to be a witness in legal proceedings, provided such call to duty is reported 

in advance to the individual's supervisor. Employees are not required to turn over to the city any fees 

received for performance of these functions. Employees must return to work if excused during working 

hours. 


Sec. 50-258. Family and medical leave. 

Family and medical leave shall be granted in compliance with the Family and Medical Leave Act 

(FMLA of 1993 (P.L. 103-3)). Eligibility requirements and procedures for requesting leave are outlined. 


Sec. 50-259. Death in family. 

Leave with pay not exceeding three days shall be granted by the mayor to any employee in 

either the full-time classified, regular part-time classified or full-time exempt service in the event of a 

death in his immediate family. Immediate family in this case shall include the employee's spouse, child, 

parent, grandparents, brother, sister, parent-in-law, sister-in-law, and brother-in-law. The three day 

leave may be extended under unusual circumstances with the approval of the mayor. 


Sec. 50-260. Leave without pay. 

(a) Leave without pay defined. When it is deemed in the best interest of the city service, a 

regular status employee may be granted leave without pay for personal reasons, provided such 

leave is recommended by the division director/chief and approved by the mayor. New hire, 

probational employees are not eligible for grants of leave without pay. 

(b) Reasons for granting. The mayor may grant leave without pay for a period not to exceed 

six months when it is deemed to be in the best interest of the city. Valid reasons shall include, 

but not be confined to the following: prolonged illness or disability of the employee or a member 

of the employee's household, educational or training enrichment, pregnancy and childbirth, and 

military service. 

(c) Procedures for requesting leave without pay. Application for leave without any pay shall be 

submitted in writing in advance showing the employee's reason for requesting such leave and 

shall contain a statement that he intends to return to the city service upon expiration of such

leave, and that he agrees to the terms and conditions as outlined in this chapter. In emergency 

situations, when an employee does not have accrued leave and is unable to return to work as 

scheduled as a result of illness or emergency reasons, his division director/chief may 

recommend approval of the leave without pay without prior application by the employee or the 

personnel office may investigate and make such recommendations in the absence of the 

division director/chief. 

(d) Temporary filling of position of employee on leave without pay. During the employee's 

approved leave of absence, this position may be filled by temporary appointment or substitution. 

At the expiration of leave without pay, the employee (subject to subsection (e) of this section) 

shall be reinstated in his former position without loss of status or benefits. 

(e) Rights of employee on leave without pay. 

(1) Reinstatement of former position. Employees granted leave without pay shall not 

be considered to have effected a break in service except as outlined below. 

a. In cases of leave without pay exceeding two calendar months, the effective 

date of an employee's merit increase shall be adjusted month for month for each 

month he is on leave without pay in excess of two months. 

b. In case of a probational status employee (either from initial or promotional 

appointment), the effective date of the end of the probationary period shall be 

adjusted month for month for each month he is on leave without pay. 

c. For purposes of retirement benefits for eligible employees, breaks in service 

shall constitute a new accumulation for years of service. 


Secs. 50-261--50-270. Reserved. 

d. Continuation of insurance benefits for eligible employees during the time the 

employee is on leave without pay shall be in accordance with the provisions of 

employee group insurance contracts, and providing that such employees 

reimburse the city of the cost of premiums on such insurance during the leave 

period. 

e. Employees granted leave without pay under this policy shall not secure sick 

leave and annual leave while in leave status. However, any sick leave accrued at 

the time leave is granted shall be continued upon return to duty. Any employee 

who fails to return to duty and is terminated shall forfeit any sick leave that had 

been accumulated.

ARTICLE XIV. EMPLOYMENT DEVELOPMENT 

Sec. 50-271. In-service training. 

The department heads, under the direction of the mayor shall be responsible for fostering and 

promoting in-service training of employees for the purpose of improving the quality of service and to 

assist employees in preparing themselves for advancement. 

(Ord. of 10-15-97(2), policy XIV) 

Sec. 50-272. Retirement system. 

Provisions for retirement system for city employees shall be as outlined in any retirement 

ordinance passed or amended by the governing commission. 


Sec. 50-273. Insurance benefits. 

Provisions for group insurance and group medical coverage for employees shall be as outlined 

in existing group contracts and plans, or as they may be amended. 


Sec. 50-274. Uniforms and equipment. 

Uniforms for police department employees and such other employees as the mayor may 

authorize may be furnished by the city. Equipment deemed essential to job performance may also be 

furnished if authorized by the mayor. 


Secs. 50-275--50-290. Reserved.

ARTICLE XV. RECORDS AND REPORTS 

Sec. 50-291. Public inspection. 

All personnel records of employees covered under these policies and all other records and 

materials pertaining to the administration of the personnel system shall be considered confidential and 

the property of the city. Information which is obtained in the course of official duty shall not be released 

by any employee other than by those charged with this responsibility as part of official duties. 

The following information relative to employees and former employees is available for public 

inspection at reasonable times: name, class, title, salary range, letter of commendation and training 

certificates. All other information is accessible only to the employer's supervisor, the division 

director/chief concerned, the mayor and city council and the employee involved. Anyone requesting 

access to a personnel file must fill out a personnel file request form at the personnel office and have it 

approved [by]the personnel officer. 

(Ord. of 10-15-97(2), policy XV) 

Sec. 50-292. Establishment and retention of records. 

There shall be established and maintained such personnel records as the mayor deems 

necessary for the administration of the merit system. There shall be established and maintained a 

master personnel file. Such master file shall be located in city hall and under the supervision records an 

actions shall be maintained in the master files. This does not prohibit department use. The personnel 

officer with the approval of the mayor, shall prescribe the form and scope of these records. 


Sec. 50-293. Employee performance reports. 

Immediate supervisors shall initiate employee performance reports in accordance with section 

50-172. Supervisors will use the form in appendix 2 [incorporated herein by reference only] of this 

policy. 


Secs. 50-294--50-310. Reserved.

ARTICLE XVI. NEPOTISM 

Sec. 50-311. Employment of relatives. 

There shall be nothing in these regulations to prohibit the employment of relatives by the city as 

long as neither of the related parties are employed in a supervisory role in which they might have either 

direct or indirect effect on the other party's progress, performance or welfare as a city employee. 

However, this general provision shall not prohibit individual departments from establishing departmental 

regulations prohibiting the employment of relatives within that department where such a policy is 

deemed to be in the best interest of the department. 

(Ord. of 10-15-97(2), policy XIX) 

Sec. 50-312. Supervision as it relates to nepotism. 

No individual shall be employed in a department or unit under the supervision of a relative who 

has or may have a direct effect on the individual's progress, performance or welfare. An employee may 

not be promoted into a positions in which he would have supervisory a relative. This policy will not 

affect present employees who are related where one is presently in a supervisory position. 

Sec. 50-313. Definition of relatives. 

For purposes of this nepotism policy, relatives are defined as husband and wife, parents and 

children, brother, sister, and father-in-law, mother-in-law, sister-in-law, brother-in-law, son-in-law, or 

daughter-in-law, stepfather, stepmother, stepsister, stepbrother, stepdaughter, stepson. 

(Ord. of 10-15-97(2), policy XIX)

Chapter 51 RESERVED

Chapter 52 SIGNS* 

__________ 


18; environment, ch. 30; fire prevention and protection, ch. 34; offenses and miscellaneous provisions, 

ch. 46; solid waste, ch. 54; streets, sidewalks and other public places, ch. 58; traffic and vehicles, ch. 

66; utilities, ch. 70; zoning, ch. 74. 

__________ 

Sec. 52-1. Short title. 

Sec. 52-2. Purpose. 



Sec. 52-5. Sign permit required. 

Sec. 52-6. Prohibited signs and advertising devices. 

Sec. 52-7. Exempt signs. 

Sec. 52-8. General regulations. 

Sec. 52-9. Regulated signs. 

Sec. 52-10. Nonconforming signs. 

Sec. 52-11. Removal of certain signs. 

Sec. 52-12. Sign permit application procedure. 

Sec. 52-13. Construction requirements. 


Sec. 52-1. Short title. 

This chapter shall hereafter be known and cited as the "Sign Ordinance." 


Sec. 52-2. Purpose. 

The purpose of this chapter is to safeguard life, provide for the health, safety and welfare of the 

public by providing standards and regulations pertinent to the location, size, illumination, erection, 

maintenance and quality of materials of all signs and outdoor advertising structures; to provide 

protection to the general public from the use of signs that, by their size, motion, color, brightness, 

illumination, or their distracting demand for attention, endanger the physical and mental well-being of 

the public and create hazards to traffic. 



The provisions of this chapter shall be administered by the code enforcement department of the 

city. 



(a) For purposes of this chapter, certain words are hereby defined. Words used in the present

tense shall include the future; the singular shall include the plural, the plural the singular; the 

word "shall" is mandatory and not directory. The word "person" includes a firm, corporation, 

association, trust or partnership. The word "city" shall mean the City of Senoia, Georgia. 

(b) Unless otherwise indicated, the following words and terms shall have the meanings 

ascribed to them as follows: 

Advertising device means any structure or device erected or intended for the purpose of 

displaying advertising situated upon or attached to real property. 

Animated sign means any sign with action, motion, changing colors, or moving characteristics 

which requires electrical or mechanical energy, including wind-actuated elements such as flags, 

spinners, banners and aerial devices. 

Area of sign means and shall be computed as the entire area within a continuous perimeter 

enclosing the limits of writing, representation, emblem or any figure of similar character, together with 

any frame, other material, open space or color forming an integral part of the display or used to 

differentiate such sign from the background against which it is placed. The supports, uprights or 

structure on which any sign is supported shall be included in determining the sign area whenever such 

supports are designed in sucha manner as to form an integral part of the display. The sign area of 

painted or affixed wall signs, when composed of letters only, is the sum of the area of a rectangle which 

encloses all of the letters. Only one face of a double-faced sign, with parallel opposing faces 15 inches 

or less apart and bearing identical copy, shall be used in computing the area. 

Awning and canopy sign means a sign imposed or painted upon any roof-like structure which 

provides either permanent or temporary shelter for adjacent walkways or entrances to a building or 

property. 

Banner means a sign with or without characters, letters, illustrations or ornamentations, applied 

to cloth, paper, plastic or fabric of any kind with only such material for a backing, the same being 

characteristically hung or displayed on buildings or suspended in mid-air across streets, passageways 

and other areas visible to the general public. 

Bench sign means any sign attached to or painted upon a bench or other seat placed in the 

public view and meant to be for public use or viewing. 

Billboard means an outdoor, off-site sign. 

Business sign means any notice or advertisement, pictorial or otherwise, which directs attention 

to goods, commodities, products, services or entertainment sold or offered upon the premises where 

such sign is located. 

Changeable copy sign means any sign constructed with letters or characters whereby changes 

can be made advertising price, special events or business hours, etc. 

Community event sign means a sign announcing a community event sponsored by the city, a 

school, church or other nonprofit charitable or service organization, including directional signs to such 

an event; including directional church signs, organization meeting signs. 

Construction sign means a temporary sign erected and maintained on premises during 

construction to identify a construction project for which a building permit has been issued. 

Digital sign means any sign erected outdoors which electronically or mechanically displays 

time, date, temperature, population or other data in addition to a business advertisement. 

Directory, arcade, mall sign means a serial sign which identifies the names of businesses, 

offices, professionals, industries or other entities located within a planned center. 

Double-faced sign means a sign which has two display areas against each other or where the 

interior angle formed by the display areas is 60 degrees or less, where one face is designed to be seen 

from one direction and the other face from another direction.

Flashing sign means 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. Illuminated signs which indicate 

only the time, temperature or date shall not be considered as flashing signs. 

Frontage, building means the width in linear feet of the front exterior wall of a particular 

establishment. 

Frontage, road means the width in linear feet of each lot where it abuts the right-of-way of any 

public street. 

Fuel pricing signs means any sign advertising current prices for but not limited to gasoline, 

diesel, kerosene, etc. 

Garage or yard sale sign means a sign depicting the sale of personal/miscellaneous items at a 

certain location on a given date (see sign fee charges attached to the ordinance from which this chapter 

derives). 

Ground sign means a permanently affixed sign which is wholly independent of a building for 

support. 

Height of sign means the distance in vertical feet from the ground to the highest point of the 

sign face. 

Illuminated sign, direct means a sign illuminated by an internal light source. 

Illuminated sign, indirect means a sign illuminated by an external light source directed primarily 

toward such sign. 

Marquee means a roofed structure and attached to and supported by a building and projecting 

over public or private sidewalks or rights-of-way. 

Marquee sign means a business sign painted on, attached to or hung from a marquee. 

Nonconforming sign means any sign which does not conform to the provisions of this chapter. 

Off-site sign means any sign or graphic not located on the premises of the business or entity 

indicated, advertised or identified by such sign, or any sign which advertises or calls attention to any 

activity, product, event, service, business or institution where the same are not conducted, furnished, 

sold or offered on the premises where such sign is located. 

Planned center, office, commercial, or industrial means a group of retail stores, service 

establishments, offices, industries or any other business planned to serve the public, which is in 

common ownership or condominium ownership. 

Political signs and posters means signs identifying and urging voter support for a particular 

election issue, political party or candidate for public office. 

Portable sign means any sign which is not permanently affixed including, but not limited to, 

signs mounted on vehicles parked in such a manner as to serve the purpose of an advertising device. 

Real estate directional sign means a sign which conveys directions to a specific property being 

offered for sale, rent, lease or development. No additional advertising allowed. 

Real estate sign means a temporary sign erected by the owner, or his agent, advertising real 

property upon which the sign is located for rent, lease or for sale. 

Roof sign means any sign or graphic erected or maintained on a building, any portion of which 

extends above the lowest horizontal line of any roof. 

Sidewalk or sandwich sign means a moveable sign not permanently secured or attached to the 

ground or surface upon which it is located. 

Sign means any name, identification, graphic, description, illustration or device, including the 

brace or mounts or other means used to erect and stabilize the same, which is affixed to or represented

directly or indirectly upon a building, structure or land in view of the public which directs 

attention to a product, place, activity, service, person, business or institution. 

Sign face means the part of a sign that is or can be used for advertising purposes. 

Swinging or projecting sign means a sign projecting more than 12 inches from the outside wall 

or walls of any building or supports upon which it is located. 

Temporary sign means a sign of nonpermanent nature. All such signs shall be removed within 

ten days after the purpose for which the sign is intended to advertise has been accomplished. 

Trailer sign means any sign which is mounted on any trailer or truck and may be moved from 

one location to another by means of being towed by a vehicle. 

Wall sign means a sign applied to or mounted to the wall or surface of a building or structure, 

the display surface of which does not project more than 12 inches from the outside wall of such building 

or structure. The total lettering on one side of a building or structure shall constitute one wall sign. 


Sec. 52-5. Sign permit required. 

Except where specifically excluded by other provisions of this chapter, it shall be unlawful for 

any person, firm or corporation to post, display, substantially change, alter or erect a sign or advertising 

device in the city without first having obtained a permit in the manner prescribed herein. Such permit 

number shall be placed on the sign permitted. 


Sec. 52-6. Prohibited signs and advertising devices. 

The following signs and advertising devices are prohibited in all zoning districts of the city: 

(1) Animated signs, including air- and gas-filled devices, without special permission by 

the code enforcement department for temporary use. 

(2) Banners and pennants, except official government flags, without a special permit 

issued by the code enforcement department for temporary use. 

(3) Billboards and off-site signs except as otherwise provided for herein. 

(4) Flashing signs or lights. 

(5) Trailer signs. 

(6) Search lights, laser beacons, and similar devices without special permission by the 

code enforcement department for temporary use. 

(7) Signs on a public right-of-way except such signs as are exempt under other 

provisions of this chapter. 

(8) Signs which contain or are in imitation of an official traffic sign or signal. 

(9) Signs affixed to utility poles, trees, street markers and fence posts. 

(10) Signs that advertise or promote illegal activities or signs which contain indecent, 

scandalous, obscene or immoral matters as part of the sign or the activity the sign 

intends to promote. 

(11) Signs that are erected, located or maintained in such a manner as to interfere with 

safe and free ingress and egress of any door or emergency exit.


Sec. 52-7. Exempt signs. 

The following signs and advertising devices are exempt from the provisions of this chapter: 

(1) One temporary real estate sign or construction sign per lot or building, provided 

such signs are located on the lot or building for sale, lease or under construction, are 

maintained in a manner consistent with the requirements of this chapter, and provided 

further, that such signs shall be removed within ten days after the subject lot or building 

is leased, sold, or construction is completed. Two directional real estate sign allowed for 

each single house sale (for additional signs, see fee charges attachedto the ordinance 

from which this chapter derives). 

(2) Real estate development sign: One sign per entrance to development, must be ten 

feet from right-of-way. 

(3) Signs of a governmental body or agency erected or posted pursuant to 

requirements of law or for such similar public purpose. 

(4) Community event signs, provided such signs shall not exceed 35 square feet in 

area and that such signs shall be approved as to location and size by the code 

enforcement department and such approval shall be for a period not to exceed two 

weeks. 

(5) On-premises public notice signs such as no trespassing, no hunting, and no 

solicitation signs; shall not be allowed on a public highway. 

(6) Signs advertising home occupations, provided such sign does not exceed four 

square feet in area and provided further that only one such sign per business shall be 

allowed and provided the sign does not obstruct view of street traffic. 

(7) Political campaign signs announcing the candidates seeking public office and other 

data pertinent thereto, as well as signs advocating a position to be decided by ballot, 

provided such signs are placed on private property with the express permission of the 

owner and are removed within ten days after the election. No political campaign sign 

shall be permitted on public property. 

(8) Building identification signs (nonadvertising) provided they do not exceed ten 

square feet and are mounted on the building they identify. 

(9) Historical marker and number identification for historical tour of homes. 


Sec. 52-8. General regulations. 

(a) Brand names and trademarks or a combination of brand name and trademark shall 

constitute a sign. 

(b) One fuel pricing sign per direction, per type of fuel sold shall be permitted with a maximum 

sign area of four square feet per fuel price, provided further the total combined area of signs 

shall be no greater than 32 square feet even though they are placed at different locations of the 

business. 

(c) All signs with changeable copy, direct illumination, indirect illumination and directory, 

arcade and mall signs must have prior approval of the city council before a construction permit 

is issued.

(d) Conforming signs which are relocated from a business site to a new business site without a 

change in copy shall conform to the provisions of this chapter; provided further signs which are 

relocated and copy change is required shall be considered as a new sign and a permit shall be 

required. 

(e) Estate, garage or yard sale signs require a permit under special application containing rules 

and regulations. 


Sec. 52-9. Regulated signs. 

All signs or advertising devices not specifically permitted in a zoning district as exempt signs 

shall be regulated signs and are prohibited except as provided for under this chapter. The code 

enforcement department is authorized to issue sign permits for any sign which meets the standards and 

limitations set forth herein. 

(1) Ground signs are defined as any sign supported by uprights or braces and not 

attached to any building. Such signs shall be permitted in the commercial and industrial 

zoning districts, provided no ground sign shall have a height greater than five feet above 

ground level, and no ground sign shall have an area greater than 35 square feet. No 

ground sign shall be located within ten feet of a street right-of-way or within 50 feet of 

any other sign, structure or building. 

(2) Freestanding signs are defined as signs mounted on upright supports as on-site 

business identification. Such signs shall be permitted in the commercial and industrial 

zoning districts. No freestanding sign shall have a height in excess of 25 feet above 

street level, nor shall such sign have a height of less than ten feet above street level. 

Such sign shall have an area not to exceed 50 square feet. Supports for such signs or 

the sign which it supports shall not project within ten feet of any street definedas a 

vertical line from the right-of-way upward. 

(3) Wall signs are defined to include all flat signs which are placed against a building or 

other structure and attached to the exterior wall of any building. Wall signs shall be 

permitted in the commercial and industrial zoning districts. Signs shall not exceed 20 

percent of the square footage of each side of building. 

(4) Directory, arcade, mall signs are permitted in areas in which a planned center, 

either office, commercial or industrial in nature, has been approved by the zoning 

authority for the city. Such signs shall contain the name of the center and shall be of an 

area not to exceed 60 square feet and, provided further, that each tenant located in such 

center shall be permitted an identification sign not to exceed eight square feet in area. A 

theatre within a planned center may erect one sign not exceeding 50 square feet in sign 

area, which sign shall identify the theatre and its current features, provided further no 

theatre sign shall be permitted within 50 feet of any other ground, freestanding, directory, 

arcade or mall sign. 

(5) Notwithstanding any other provision of this chapter, no sign, whether permitted as a 

regulated sign or an exempt sign, shall be permitted within 25 feet of state highway rightof-way 

or major thoroughfare without the prior approval of the city council. In determining 

such applications, the council shall consider the standards prescribed for such signs and 

in addition shall determine the potential dangers presented by the proposed sign. 

(6) Temporary signs shall be either a ground sign or wall type, whichever is appropriate 

as determined by the code enforcement department, considering location and distance 

of structure from right-of-way. Provided, further no temporary sign shall have a sign face 

area greater than 35 square feet.


Sec. 52-10. Nonconforming signs. 

Any sign located within the city limits on the date of adoption of this chapter which does not 

conform with the provisions hereof shall be allowed until such time as the business is dissolved or sold. 

At that time all signs of this business shall conform to this chapter. 


(1) No other sign or advertising device shall be erected or permitted on the same 

property for the same business that has a nonconforming sign located thereon. 

(2) A nonconforming sign shall lose its status as such when such sign is altered in 

structure or copy, or 50 percent of either the structure or sign face is damaged, or is 

relocated. However, a sign with changeable copy shall not lose its status due to a 

change of copy unaccompanied by some other substantial change. 

Sec. 52-11. Removal of certain signs. 

Any sign which no longer advertises a bona fide business, or any sign which has become 

dilapidated and by its condition and state of repair is deemed to be dangerous, and any sign which has 

been erected in a manner which fails to meet the requirements of this chapter may be removed by the 

code enforcement department, provided some reasonable attempt has been made to have such sign 

removed by the owner thereof, and provided further that such removal can be made without damage to 

any property or sign. Any sign removed under the foregoing provision shall be stored by the city. 


(1) In the case of a sign which cannot be removed without risk of property damage and 

in the case of signs removed and stored as provided herein, the council shall cause 

notice of the same to be mailed to the owner of the sign if the same may be determined 

or to the owner of the property upon which the sign may be located of the impending 

action pertaining to the sign. Owners shall be given ten days from the date of receipt of 

such notice to take appropriate remedial action. 

(2) After notification as herein prescribed, the council shall cause such signs to be 

removed and disposed of in the manner provided by law for the disposition of 

abandoned personal property. 

(3) No sign removed under the provisions hereof shall be returned to the owner until all 

expenses incurred in the removal and storage of the same have been paid. The storage 

fee will be $5.00 per day. The expense for removal will be based on the hourly wage of 

the lowest paid employee for the street department. 

Sec. 52-12. Sign permit application procedure. 

Applications for sign permits to permit erecting, hanging or placing of a sign within the city limits 

shall be submitted to the code enforcement department on forms provided for that purpose by the city. 

Each application shall be accompanied by plans and drawings showing the area of the sign, size of 

supports, height, method of attachment intended for use, vertical and horizontal distances between 

such sign and the finished grade at site of location, and horizontal distances between such sign and 

controlling right-of-way lines. The application shall include a photograph or line drawing of the sign 

depicting precisely what is to be portrayed on such sign.


(1) The code enforcement department shall cause a sign construction permit to be 

issued for each application which meets the requirements of this chapter. After such sign 

is constructed and in place, applicant shall notify the code enforcement department 

within five working days that the sign is ready for final approval. Final approval shall be 

issued within five working days, provided the sign has been constructed and located 

according to the provisions of this chapter. 

(2) Any applicant who is dissatisfied by a decision of the code enforcement department 

may appeal such decision to the city council. Such appeal must be in writing and shall 

be filed within 30 days of the decision being appealed. The city council will schedule the 

matter for hearing at the next scheduled meeting of the council and at such meeting may 

continue the matter, affirm, reverse or modify the decision. 

(3) When a literal enforcement of the provisions of this chapter will work an undue 

hardship upon an applicant or when unusual circumstances preclude an applicant from 

meeting the requirements of this chapter, upon application being made setting forth the 

particulars of such circumstances, the city council may grant a variance from the 

provisions of this chapter. 

(4) The city clerk shall collect a sign license fee, which will be set by the council and 

kept in the office of the city clerk, prior to issuing any sign permit. 

Sec. 52-13. Construction requirements. 

No sign shall be constructed in such a manner which will hinder vehicle traffic, pedestrians or 

block any entrances or exits from any building or sidewalks. Each sign shall be securely erected and 

free of any protruding nails, tacks and wire. 

No sign shall be constructed with any type material, finished letters, characters or surface, 

which will reflect sunlight or any other type of light of such an intensity as to hinder vehicle traffic or in 

any way create a nuisance to the surrounding area. 

All signs containing wood in the structure or sign face and frame or any part thereof shall be 

painted or stained. 

No wall sign or its supports shall protrude more than 12 inches from the wall on which it is 

mounted. 

All signs shall be constructed in such a manner and fastened in such a way as to prevent 

movement by wind action. 

No wood, metal or any other type of supports for ground or freestanding signs shall be less than 

four by four inches in size for each support or less than three inches in diameter if circular. 

Wood signs of less then 12-inch thickness shall be framed on the two sides attached to the 

supports. Supports can be considered framing if the sign is so designed with supports as part of 

framing on both sign face areas. 



Any person, firm or corporation violating any provisions of this chapter shall, upon conviction, be 

fined according to section 1-5 of the City Code of Ordinances. 

(Ord. of 8-7-95(2), § 14)

Chapter 53 RESERVED

Chapter 54 SOLID WASTE* 

__________ 


18; environment, ch. 30; fire prevention and protection, ch. 34; burning trash, garbage, etc., § 34-1; 

health and sanitation, ch. 38; utilities, ch. 70. 

State constitution references: Local garbage and solid waste collection and disposal, art. IX, § II, 

para. III(a)(2). 

State law references: Local solid waste management regulations, O.C.G.A. § 12-8-30.9; local 

comprehensive solid waste management plan, O.C.G.A. § 12-8-31.1; cost reimbursement fees and 

surcharges, O.C.G.A. § 12-8-39; reduction of amount of solid waste generated in city, O.C.G.A. § 12-8- 

39.1; local restrictions on disposal of tires, O.C.G.A. § 12-8-40.1; local and regional solid waste 

management authorities, O.C.G.A. § 12-8-50 et seq. 

__________ 


Sec. 54-2. Waste acceptable for collection. 

Sec. 54-3. Waste unacceptable for collection. 

Sec. 54-4. Preparation, storage of acceptable waste. 

Sec. 54-5. Placement for collection; yard trimmings and yard rubbish. 

Sec. 54-6. Unauthorized accumulations. 

Sec. 54-7. Scavenging. 

Sec. 54-8. Placement and disposal of yard trimmings; prohibitions. 

Sec. 54-9. Sorting, storing, composting and collecting yard trimmings. 

Sec. 54-10. Penalties for violations. 


The following words, terms and phrases, when used in this chapter, shall have the meanings 

ascribed to them in this section, except where the context clearly indicates a different meaning: 

Ashes means and includes the waste products from coal, wood and other fuels used for 

cooking and heating from all public and private residences and establishments. 

Building rubbish means waste material resulting from construction, remodeling, repairs and 

demolition operations on houses, commercial buildings and other structures, including driveways and 

walks, and it comprises waste and rejected matter such as excavated earth, stones, bricks, plaster, 

wallpaper, sheetrock and lathes, lumber, shingles, tile, concrete and waste parts occasioned by the 

installation or replacement of plumbing, heating systems, electrical work and roofing. 

Commercial solid waste means all types of solid waste generated by stores, offices, 

restaurants, warehouses and other nonmanufacturing activities, excluding residential and industrial 

wastes. 

Composting means the controlled biological decomposition of organic matter into a stable, 

odor-free humus. 

Garbage means the waste accumulation of animal or vegetable matter used for or intended for 

food or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or 

vegetables. 

Industrial waste means solid waste materials from factories, processing plants, wholesale 

establishments, assembling plants or shops and garages, such as paper, cardboard, cartons, food 

processing wastes, cinders and ashes, lumber scraps, sawdust, excelsior, shavings, floor sweepings,

metal scrap and shavings, glass and other waste products. 

Leachate collection system means a system at a landfill for collection of the leachate which 

may percolate through the waste and into the soils surrounding the landfill. 

Municipal solid waste means any solid waste derived from households, including garbage, 

trash and sanitary waste in septic tanks and includes solid waste from single-family and multifamily 

residences, hotels and motels, bunkhouses, campgrounds, picnic grounds, and day use recreation 

areas. The term includes yard trimmings and commercial solid waste but does not include solid waste 

from mining, agricultural or silvicultural operations or industrial processes or operations. 

Municipal solid waste disposal facility means any facility or location where the final disposition 

of any amount of municipal solid waste occurs, whether or not mixed with or including commercial or 

industrial solid waste, including but not limited to municipal solid waste landfills. 

Municipal solid waste landfill means a disposal facility where any amount of municipal solid 

waste, whether or not mixed with or including commercial waste, industrial waste, nonhazardous 

sludges or small quantity generator hazardous waste, is disposed of by means of placing an approved 

cover thereon. 

Rubbish means a variety of combustible and noncombustible waste not subject to rapid 

decomposition derived from places of residence, commercial areas and institutions and shall include 

paper, rags, plastics, cartons, boxes, cans, bottles, glass, crockery, excelsior, rubber, discarded 

clothing and similar materials. 

Scavenging means uncontrolled picking from discarded solid waste materials. 

Solid waste means putrescible and nonputrescible waste, except human body waste, and 

includes garbage, rubbish, paper, cartons, boxes, wood, tree branches, yard trimmings, furniture, 

appliances, metals, tin cans, glass, crockery, ashes, street refuse, dead animals, waste materials 

generated in industrial operations, residue incineration, food processing wastes, demolition wastes, 

construction wastes and any other wastes in a solid or semisolid state not otherwise defined in this 

section. 

Standard container means and includes a durable, rust-resistant, nonabsorbent, rodentproof, 

watertight plastic or metal container with handles or bails, having a tightfitting cover, and having no 

more than a 30-gallon capacity. 

Waste means unwanted or discarded material, except human body waste. 

Yard rubbish means tree branches, stumps, twigs, bushes, weeds, and general yard and 

garden waste materials and includes stone and dirt rakings and yard trimmings. 

Yard trimmings means leaves, brush, grass clippings, shrub and tree prunings, discarded 

Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from 

landscaping development and maintenance, other than mining, agricultural and silvicultural operations. 

(Code 1980, § 4-2-1; Ord. of 11-4-96(1)) 


Sec. 54-2. Waste acceptable for collection. 

Yard rubbish constitutes waste acceptable for collection by the city. Garbage constitutes waste 

acceptable for collection by a private contractor for the city. Furniture and appliances may be picked up 

with prior notice for a set fee. 

(Code 1980, § 4-2-2; Ord. of 11-4-96(1))

Sec. 54-3. Waste unacceptable for collection. 

(a) The following items constitute waste unacceptable for collection by the city: 

(1) Dangerous materials or substances such as poisons, acids, caustics and 

explosives. 

(2) Building rubbish. 

(3) Ashes. 

(4) Yard rubbish except as provided in section 54-5. 

(5) Automobile and motor vehicle tires. 

(6) All other solid waste not specifically authorized in this chapter. 

(b) Any person responsible for waste not acceptable for collection by the city shall make any 

arrangements as may be necessary for the collection and disposal of the unacceptable waste. 


Sec. 54-4. Preparation, storage of acceptable waste. 

(a) The owner or occupant of each residence or business or commercial establishment shall 

store acceptable waste in standard containers which shall be provided by the owner or occupant 

and which shall at all times be maintained in a good state of repair. Each owner or occupant 

shall prevent the continued, excessive and unsightly accumulation of waste upon the property 

occupied by him. 

(b) Any acceptable waste that cannot be placed in standard containers shall be broken down 

and tied securely in bundles no larger than 36 inches square and placed alongside the standard 

containers for collection. 


Sec. 54-5. Placement for collection; yard trimmings and yard rubbish. 

(a) Containers shall be placed at curbside on the day of collection. 

(b) Yard trimmings shall be placed on the street curb on pickup day. These items shall be 

secured in disposable plastic bags of a type, size and material designed for solid waste storage 

and disposal. Disposable bags shall be unbroken and securely sealed and loaded in such a 

manner that normal handling will not cause the bag to open. No bag that cannot be loaded by 

one person shall be collected. 

(c) Fallen limbs, trees, cut limbs, cut trees and trash of this category shall be cut by the 

property owner into lengths of not more than four feet that will be of a size that may be handled 

by one person or of a size to be consumed by a chipper machine. Other trash which shall 

include yard wastes, weeds, grass, trimmings, leaves, brush and pine straw must be bagged. All 

trash and cuttings shall be placed as near as possible to the street or sidewalk right-of-way 

adjacent to the property owner's property but not so as to get into the street or block the 

sidewalk. At no time shall trash be placed in gutters, drains, walkways or alleys or streets of the 

city. 

(Code 1980, § 4-2-5; Ord. of 11-4-96(1))

Sec. 54-6. Unauthorized accumulations. 

Any unauthorized accumulation of solid waste on any premises is hereby declared to be a 

nuisance and is prohibited. Failure to remove any existing accumulation of solid waste within a 

reasonable time as may be fixed by written notice from the city shall be deemed a violation of this 

Code. 


Sec. 54-7. Scavenging. 

No person other than the owner thereof shall interfere with any container placed for the purpose 

of storing solid waste pending collection, or remove or take any of the contents thereof, or remove any 

container from the location where the container has been placed by the owner thereof. 


Sec. 54-8. Placement and disposal of yard trimmings; prohibitions. 

(a) It shall be unlawful to place or mix yard trimmings with municipal solid waste within the city. 

(b) Yard trimmings shall not be disposed of at any municipal solid waste facility having a liner 

and leachate collection system or requiring vertical expansion located within the city. 

(Ord. of 11-4-96(1)) 

Sec. 54-9. Sorting, storing, composting and collecting yard trimmings. 

Yard trimmings should be sorted and stored as provided in section 54-5 for collecting and 

transporting to a site designated by the city to be chipped. 


Sec. 54-10. Penalties for violations. 

Any person violating any provisions of this chapter shall, upon conviction before the city judge, 

be punished as provided in section 1-5. 

(Ord. of 11-4-96(1))


Chapter 58 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* 

__________ 

*Cross references: Administration, ch. 2; buildings and building regulations, ch. 14; cable 

communications, ch. 22; traffic and vehicles, ch. 66; utilities, ch. 70. 

State constitution references: Street construction and maintenance, art. IX, § II, para. III(a)(4). 

State law references: Obstruction of streets, sidewalks, etc., O.C.G.A. §§ 16-11-43, 32-6-1, 36-30- 

10; eminent domain, O.C.G.A. tit. 22; highways, bridges and ferries, O.C.G.A. tit. 32; municipal street 

systems, O.C.G.A. § 32-4-90 et seq.; subdivisions abutting on state highways, O.C.G.A. § 32-6-150 et 

seq.; streets and sidewalks generally, O.C.G.A. § 36-34-3; street improvements, O.C.G.A. § 36-39-1 et 

seq.; grants for public purposes, O.C.G.A. § 36-40-20 et seq.; contractors' bonds, O.C.G.A. § 36-82- 

100 et seq. 

__________ 


Sec. 58-1. Sidewalk construction. 

Sec. 58-2. Injuring streets and sidewalks. 

Sec. 58-3. Parades and demonstrations; permit required. 

Sec. 58-4. Sidewalk sales by vending machine prohibited. 


Article II. Acceptance of Streets and Roads 

Sec. 58-26. General criteria for acceptance. 

Sec. 58-27. Responsibility for tests, test results. 

Sec. 58-28. Soil density test. 

Sec. 58-29. Base material and asphaltic concrete. 


Article III. Excavations 

Sec. 58-51. Permit required; exception. 

Sec. 58-52. Application for permit. 

Sec. 58-53. Indemnification of city. 

Sec. 58-54. Repair, restoration. 

Sec. 58-55. Safety precautions, barricades, lights.


Sec. 58-1. Sidewalk construction. 

No sidewalk of any description shall be built by any person of any brick, wood or other material 

without a written permit from the city. 

(Code 1980, § 4-1-6) 

Sec. 58-2. Injuring streets and sidewalks. 

It shall be unlawful for any person to drag or run, or cause to be dragged or run any harrow or 

other implement, engine, machine or tool upon any asphalt, bithulitic, warrenite or other type of 

permanently paved street or sidewalk of the city which shall be liable in any way to injure or cut the 

surface thereof. It shall also be unlawful to injure any dirt street in the same manner. 

(Code 1980, § 4-1-7) 

Sec. 58-3. Parades and demonstrations; permit required. 

It shall be unlawful for any person, group of persons or organization to parade, congregate or 

demonstrate on public streets or property within the city without securing a proper permit from the city 

clerk. The permit shall bear the signature of the mayor. 

(Code 1980, § 7-4-1) 

Sec. 58-4. Sidewalk sales by vending machine prohibited. 

(a) It shall be unlawful for any person or entity to place any type of vending machine, including 

but not limited to vending machines which dispense soft drinks and vending machines which 

dispense candy, snacks, crackers, cookies and such other items, on public sidewalks. 

(b) This section shall not be construed to prohibit temporary displays of items for retail sale on 

public sidewalks of the city; however, such sales may not be by the use of vending machines. 



ARTICLE II. ACCEPTANCE OF STREETS AND ROADS 

Sec. 58-26. General criteria for acceptance. 

No street or road shall be accepted as a public street or road in the city until the road or street 

shall be tested in the manner described in this article and shall meet the requirements as set out in this 

article. 

(Res. of 9-6-94) 

Sec. 58-27. Responsibility for tests, test results. 

Any testing and reports of tests pursuant to this article shall be the responsibility and at the 

expense of the developer. All test results shall be submitted to the engineer for review and/or approval. 

(Res. of 9-6-94, § 4-1-9) 

Sec. 58-28. Soil density test. 

(a) Soil density tests shall be made on the subbase by an independent testing lab experienced 

in such work prior to the placement of any base material. Test on each street shall consist of inplace 

field test conducted on all fills. The number of tests and depths to which testing shall be 

performed will be determined by the engineer. Subbase compaction shall be 98 percent of the 

maximum dry density and all other fills shall be 95 percent of the maximum dry density. 

(b) The subgrade of the roadways shall be proof rolled prior to the placement of any base 

material. This test shall be scheduled through the engineer's office and observed by the 

engineer or his representative. 


Sec. 58-29. Base material and asphaltic concrete. 

(a) Base material. The base material shall be placed and proof rolled prior to the placement of 

any asphalt. Core samples shall be taken of the base material at an interval of 300 feet. These 

cores shall be taken at the quarter points of the roadway and alternate between travel lanes. 

Cul-de-sacs shall be tested in a triangular pattern half way from the radius point to the edge of 

pavement or as directed by the engineer. Any unacceptable deficiencies shall be isolated and 

corrected. 

(b) Asphaltic concrete. The mix of asphaltic concrete shall be approved by the engineer with 

verification of the mix furnished by the contractor. Core samples shall be taken of the in-place 

asphalt at an interval of 300 feet. These cores shall be taken at the quarter points of the 

roadway and alternate between travel lanes. Cul-de-sacs shall be tested in a triangular pattern 

half way from the radius point to the edge of pavement or as directed by the engineer. Any 

unacceptable deficiencies shall be isolated and corrected. 



ARTICLE III. EXCAVATIONS 

Sec. 58-51. Permit required; exception. 

No person shall make any excavations or openings or dig any ditch, trench, tunnel or hole in, 

along, across or under any street, sidewalk or other public place for the purpose of laying or placing 

therein any pipe, wires, poles for any other purposes, unless a written permit therefor has been issued 

by the city clerk. A permit shall not be required where the work is performed under a contract with the 

city but if the work requires a sidewalk or street to be wholly or partially obstructed, the person shall 

notify the city clerk and the police department at least two hours before obstructing the sidewalk or 

street, unless prevented by sudden emergency. 

(Code 1980, § 4-1-1) 

Sec. 58-52. Application for permit. 

All persons desiring a permit in order to make an opening in any street or sidewalk, as set forth 

in section 58-51, shall make written application therefor. The application shall show the location of the 

proposed opening, the purpose therefor and the approximate number of square yards of surface to be 

cut. 

(Code 1980, § 4-1-2) 

Sec. 58-53. Indemnification of city. 

Any person obtaining a permit as provided in sections 58-51 and 58-52 agrees as a condition of 

the issuance of the permit to indemnify and hold harmless the city against any claims or expenses, 

including attorney's fees, for bodily injury or property damage for accidents or occurrences arising out 

of the person's operations. 

(Code 1980, § 4-1-3) 

Sec. 58-54. Repair, restoration. 

When any part of any street, sidewalk, alley or other public place of the city shall be torn or dug 

up for any purpose, the person making that excavation or opening shall have the duty of refilling the 

excavation or opening so as to restore it to essentially the same condition that existed prior to the 

excavation or opening. Any person neglecting, refusing or failing to comply with any provisions of this 

section shall be guilty of a violation thereof; and where any neglect, refusal or failure is continued after 

notice from the city clerk, every day's continuance thereafter shall constitute a separate and distinct 

offense. 

(Code 1980, § 4-1-4) 

Sec. 58-55. Safety precautions, barricades, lights. 

It shall be unlawful for any person who obtains a permit under the sections of this article to do 

any excavation of any kind which may create or cause a dangerous condition in or near any street,

alley, sidewalk or public place of the city without placing and maintaining proper guardrails and 

signal lights or other warnings at, in or around the work, sufficient to warn the public of any excavation 

or work, and to protect all persons using reasonable care from injuries on account of the work. 

(Code 1980, § 4-1-5)


Chapter 62 TAXATION* 

__________ 


18; cable communications, ch. 22. 

State law references: Local taxation of insurance companies, O.C.G.A. § 33-8-8.1 et seq.; revenue 

and taxation, O.C.G.A. tit. 48; municipal taxation, O.C.G.A. § 48-5-350 et seq.; local taxation of rooms, 

lodgings or accommodations, O.C.G.A. § 48-13-50 et seq. 

__________ 



Article II. Property Taxes 

Sec. 62-26. Levy; rate. 

Sec. 62-27. When due and payable. 

Sec. 62-28. Collection of delinquent taxes, fees or other revenue; interest.



ARTICLE II. PROPERTY TAXES 

Sec. 62-26. Levy; rate. 

An annual ad valorem tax upon all real and personal property within the city is hereby levied. 

The millage rate therefor shall be established each year by resolution of the mayor and council. 

(Code 1980, § 2-5-11) 

Sec. 62-27. When due and payable. 

(a) All ad valorem taxes due the city shall be billed and paid in one payment. 

(b) Ad valorem tax bills, as adjusted to conform to the tax digest of the county, shall be payable 

on or before December 20, but in the event of adjustment by the state revenue commissioner, 

the city shall, within a reasonable time thereafter as may be determined by resolution of the 

mayor and council, after receipt from the county of the adjustment information, refund any 

overpayments or bill for any underpayments. 

(Code 1980, § 2-5-12) 

State law references: Payment of taxes in installments, O.C.G.A. § 48-5-23. 

Sec. 62-28. Collection of delinquent taxes, fees or other revenue; interest. 

(a) For the collection of delinquent taxes, a fi. fa. shall be issued by the city clerk and executed 

by the chief of police under the procedure provided by the laws of the state governing execution 

of process from the superior court, or by use of any other available process and remedies. 

(b) A lien shall exist against all property on which city property taxes are levied, as of the 

assessment day of January 1 of each year, which shall have priority as provided in O.C.G.A. § 

48-2-56. 

(c) The amount due on all delinquent fi. fas. issued under subsection (a) of this section as well 

as any interest or penalty thereon shall be listed as a part of and in addition to the annual ad 

valorem tax bill. 

(d) Any license, privilege or permit granted by the city shall be revoked by the city clerk for the 

failure to pay any money due the city for taxes, fees, penalties, interests, fines or other revenue, 

within three calendar months and ten days after any payment is due; provided, that any person 

aggrieved by the order may, within ten days thereof, appeal to the mayor and council, who, after 

a hearing thereon, may approve or modify the order or restore the license privilege or permit by 

adopting a motion to that effect but only upon finding that the city clerk's action was not factually 

or legally correct. 

(e) Unless otherwise provided in this Code, all fi. fas. issued under this article shall earn 

interest at the maximum rate allowed by state law and no penalty shall be charged except in lieu 

of interest. 

(Code 1980, § 2-5-13) 

State law references: Executions and judicial sales, O.C.G.A. § 9-13-1 et seq.; interest on 

executions, O.C.G.A. § 48-3-8; tax sales, O.C.G.A. § 48-4-1 et seq.


Chapter 66 TRAFFIC AND VEHICLES* 

__________ 

*Cross references: Alcoholic beverages, ch. 6; animals, ch. 10; fire prevention and protection, ch. 

34; junked vehicles, § 38-1; law enforcement, ch. 42; streets, sidewalks and other public places, ch. 

58. 

State law references: Motor vehicles and traffic, O.C.G.A. tit. 40; uniform rules of the road, O.C.G.A. 

§ 40-6-1 et seq.; powers of local authorities, O.C.G.A. § 40-6-370 et seq.; abandoned motor vehicles, 

O.C.G.A. § 40-11-1 et seq.; authority of municipal courts to try cases involving state traffic laws, 

O.C.G.A. § 40-13-21. 

__________ 


Sec. 66-1. Uniform Rules of the Road adopted. 

Sec. 66-2. Temporary traffic regulations. 

Sec. 66-3. Vehicle cover required to prevent load from dropping or shifting. 

Sec. 66-4. Traffic, speed, truck, parking and other zones; signs and traffic control devices; schedule on file. 

Sec. 66-5. Obstruction of view and use by trees and shrubs; notice. 

Sec. 66-6. Obstructions at railroad crossings. 


Article II. Operation of Vehicles 

Sec. 66-31. Obstructing free flow of traffic; creating nuisance or hazard. 

Sec. 66-32. Obedience to traffic signs, signals and markings. 

Sec. 66-33. Use of one-way streets. 

Sec. 66-34. Vehicles with metal tracks or wheels. 


Article III. Speed 

Sec. 66-56. General speed limits established. 

Sec. 66-57. Speed zones established. 


Article IV. Parking 

Sec. 66-81. Vehicles to be parked within marked spaces. 

Sec. 66-82. Parking prohibited at all times in certain locations. 

Sec. 66-83. Parking time limited in certain locations, certain days and hours. 

Sec. 66-84. Special purpose parking zones established.


Sec. 66-1. Uniform Rules of the Road adopted. 

Pursuant to O.C.G.A. §§ 40-6-372 through 40-6-376, O.C.G.A. §§ 40-6-1 through and including 

40-6-395 of the chapter known as the Uniform Rules of the Road, codified as O.C.G.A. § 40-6-1 

through and including 40-6-395, and the definitions contained in O.C.G.A. § 40-1-1, are hereby adopted 

as and for the traffic regulations for the city and are hereby incorporated by reference in this chapter 

with like effect as if recited fully. 

(Code 1980, § 8-1-1) 

Sec. 66-2. Temporary traffic regulations. 

In cases where traffic upon the streets of the city may become congested upon occasions of 

parades, at theaters and other public assemblages where large numbers of vehicles are assembled, 

the police chief may make temporary rules directing and regulating the traffic in these congested 

districts, and any person, after being warned of the temporary traffic regulations, who shall violate them 

shall be liable therefor as for other violations of this Code. 

(Code 1980, § 8-1-2) 

Sec. 66-3. Vehicle cover required to prevent load from dropping or shifting. 

No person shall operate or load any vehicle on the public streets and roads of this city unless 

the vehicle is constructed, loaded and securely covered so as to prevent any of its load from dropping, 

escaping or shifting in such a manner as to create a safety hazard or in such a manner so as to litter 

the streets and roads of the city. 

(Code 1980, § 8-1-3) 

Sec. 66-4. Traffic, speed, truck, parking and other zones; signs and traffic control 

devices; schedule on file. 

(a) The police chief or a designee thereof, upon approval by ordinance of the mayor and 

council, is authorized to designate and maintain with appropriate traffic control signs, markings 

and devices after engineering and traffic investigations: 

(1) Speed zones. 

(2) Truck routes and streets to be designated specifically to prohibit various classes of 

trucks. 

(3) One-way streets and other directional control devices. 

(4) Freight loading zones and regulations. 

(5) Parking and no parking zones and regulations thereon. 

(6) Stop, yield and other right-of-way signs. 

(7) Stop signals and other traffic signals.

(b) The police chief or a designee thereof is authorized to issue written orders designating by 

appropriate traffic control signs, markings and devices after engineering and traffic 

investigations: 

(1) Pedestrian crosswalks. 

(2) Other safety zones for pedestrians. 

(3) Traffic lanes. 

(4) Any other sign, marking or zone necessary for orderly and safe conditions on the 

streets of the city. 

(c) The police chief shall maintain or cause to be recorded a current schedule of all traffic 

rules, regulations and orders under this section, which record shall be available for inspection by 

the public. For items listed in subsection (a) of this section, this schedule and any amendments 

thereto shall become effective only upon approval thereof by ordinance of the mayor and 

council and this schedule is hereby incorporated in this section and copies thereof shall be 

available for public inspection in the office of the city clerk. 

(d) All traffic control signs, signals, devices and markings shall conform to specifications in the 

Manual on Uniform Traffic-Control Devices adopted by the state transportation board. All signs 

and signals required under this chapter for a particular purpose shall, so far as practicable, be 

uniform as to type and location throughout the city. All traffic control devices so erected and not 

inconsistent with the provisions of state law or this Code shall be official traffic control devices of 

the city. 

(e) Any violation of any traffic zone, marking, sign or other traffic control device established 

under this chapter shall be a violation of this Code. 

(Code 1980, § 8-1-4) 

Sec. 66-5. Obstruction of view and use by trees and shrubs; notice. 

(a) No person owning, occupying or in any way controlling property in this city shall permit any 

tree, bush or shrub on the property to project over any street or sidewalk of the city so as to 

obstruct or interfere with the view and use of persons walking or riding in a vehicle on the street 

or sidewalk or of other persons or vehicles approaching from cross or intersecting streets. 

(b) It shall be unlawful for any person, whether the owner, tenant, agent or person controlling 

property in the city to fail to remove any tree, bush or other obstruction from the streets or 

sidewalks of the city after ten days' notice by the city to do so. 

(Code 1980, § 8-1-5) 

Sec. 66-6. Obstructions at railroad crossings. 

The several railroad companies whose roads are in the city shall not allow any street to 

obstructed by any cars or other things left at any of the crossings; and if it shall become necessary in 

loading or unloading freight to stop longer than ten minutes, it shall be the duty of the conductor of such 

train or cars to uncouple his cars at the point of crossing, to allow vehicles to pass without unnecessary 

delay or inconvenience. 

(Code 1980, § 9-1-10) 


ARTICLE II. OPERATION OF VEHICLES 

Sec. 66-31. Obstructing free flow of traffic; creating nuisance or hazard. 

All persons are prohibited from engaging in driving procedures which obstruct the free flow of 

traffic in, around, over and through the streets, alleyways and other public ways of the city. Any person 

is prohibited from stopping his vehicle (except at a stop signal or stop sign, or to honor another driver's 

right-of-way, or in an emergency situation) in a manner as to obstruct the free and orderly flow of traffic 

by the maneuver, or to engage in unduly slow driving procedures so as to obstruct the free flowof traffic 

or to needlessly circle the block or dawdle or make unnecessarily rapid accelerations and decelerations 

or to in any other manner constitute a traffic nuisance or hazard. 

(Code 1980, § 8-2-1) 

Sec. 66-32. Obedience to traffic signs, signals and markings. 

All traffic shall obey and be directed by official traffic control signals, signs and markings erected 

at street intersections and other locations now or hereafter approved by the mayor and council. 

(Code 1980, § 8-2-3) 

Sec. 66-33. Use of one-way streets. 

Upon those streets and parts of streets and in those alleys designated by the mayor and 

council, vehicular traffic shall move only in the indicated direction when signs indicating the direction of 

traffic are erected and maintained at every intersection where movement in the opposite direction is 

prohibited. 

(Code 1980, § 8-2-4) 

Sec. 66-34. Vehicles with metal tracks or wheels. 

It is unlawful for any person to operate any tracked or other vehicle having metal tracks or 

wheels upon the city streets. 

(Code 1980, § 8-2-5) 


ARTICLE III. SPEED 

Sec. 66-56. General speed limits established. 

(a) No person shall operate any motor vehicle or tractor upon any of the streets and highways 

of the city at a greater speed than is reasonable and proper having regard to the width, traffic 

and use thereof, or so as to endanger the property or life or limb of any person. 

(b) Thirty-five miles per hour shall be the maximum speed on all streets or portions of streets 

within the city unless otherwise indicated by ordinance or by officially posted signs designating 

the maximum vehicular speed upon those streets as approved by the mayor and council. 

(Code 1980, § 8-2-2) 

Sec. 66-57. Speed zones established. 

(a) On system. The following speed zones are established: 

S.R. 16, from a point 158 feet east of County Road No. 74, the west city limits of Senoia (m.p. 

26.84), to a point 2,825 feet further east of County Road No. 74 (m.p. 27.38), a distance of 0.54 mile, 

45 mph. 

S.R. 16, from a point 2,825 feet east of County Road No. 74 (m.p. 27.38) to Clark Street (m.p. 

27.66), a distance of 0.28 mile, 35 mph. 

S.R. 16, from Clark Street (m.p. 27.66) to a point 542 feet west of Chestlehurst Road, the east 

city limits of Senoia (m.p. 28.33), a distance of 0.67 mile, 45 mph. 

S.R. 74, from a point 0.14 miles north of Seavy Street, the north city limits of Senoia (m.p. 

1.17), to the railroad bridge (m.p. 1.95), a distance of 0.78 miles, 55 mph. 

S.R. 74, from the railroad bridge (m.p. 1.95) to Miracle Way (m.p. 2.36), a distance of 0.41 

miles, 45 mph. 

S.R. 74, from Miracle Way (m.p. 2.36) to a point 0.27 miles south of Miracle Way, the south city 

limits of Senoia (m.p. 2.63), a distance of 0.27 miles, 55 mph. 

Signs shall be erected by the state department of transportation. 

(b) Off system. The following speed zones are established: 

Andrews Parkway, from dead end to Pylant Street, a distance of 0.50 mile, 25 mph. 

Baggarly Way, from Travis Street to Middle Street, a distance of 0.25 miles, 25 mph. 

Barnes Street, from S.R. 16 to Middle Street, a distance of 0.50 mile, 25 mph. 

Blue Heron Boulevard, in its entirety, a distance of 0.30 mile, 30 mph. 

Bridge Street, from Crook Street to Middle Street, a distance of 0.60 mile, 25 mph. 

Broad Street, from the south city limits to S.R. 16, a distance of 0.48 mile, 25 mph. 

Clark Street, from S.R. 16 to Johnson Street, a distance of 0.40 mile, 25 mph. 

Couch Street, from Pylant Stallings Road to dead end, a distance of 0.28 miles, 30 mph. 

Coweta Street, from Middle Street to Rockaway Road, a distance of 0.50 mile, 25 mph.

mph. 

Cumberland Trail, from S.R. 16 to Howard Road, a distance of 0.85 miles, 25 mph. 

Dolly Nixon Road, from the south city limits to Luther Bailey Road, a distance of 0.25 miles, 25 

Howard Road, from S.R. 16 to Andrews Parkway, a distance of 0.70 mile, 35 mph. 

Johnson Street, from Seavy Street to Pylant Street, a distance of 0.70 mile, 25 mph. 

Luther Bailey Road, from the south city limits to S.R. 16, a distance of 0.44 miles, 25 mph. 

Main Street, from Couch Street to Travis Street, a distance of 0.30 mile, 25 mph. 

Morgan Street, from Pylant Street to S.R. 16, a distance of 0.60 mile, 25 mph. 

Pylant Street, from S.R. 16 to a point 0.10 mile north of Pylant Street Bridge, a distance of 0.20 

mile, 45 mph. 

Ridge Drive, from dead end to Spring Court, a distance of 0.40 mile, 25 mph. 

Rockaway Road, from the north city limits to a point 1,584 feet south of the north city limits, a 

distance of 0.30 mile, 45 mph. 

Rockaway Road, from a point 1,584 feet south of the north city limits to Couch Street, a 


Seavy Street, from Andrews Parkway to a point 4,752 feet east of Andrews Parkway, a 


Seavy Street, from a point 4,752 feet east of Andrews Parkway to S.R. 85, a distance of 0.30 

mile, 35 mph. 

Seavy Street, from Andrews Parkway to a point 5,092 feet east of Andrews Parkway, a 


mph. 

Seavy Street, from a point 4,412 feet east of Andrews Parkway, a distance of 0.89 mile, 35 

Spring Circle, from Rockaway Road to dead end, a distance of 0.60 mile, 25 mph. 

Stallings Road, from the north city limits to a point 2,112 feet south of the north city limits, a 


Stallings Road, from a point 2,112 feet south of the north city limits to Pylant Street, a distance 

of 0.80 mile, 25 mph. 

Standing Rock Road, from west city limits to Stallings Road, a distance of 0.50 mile, 25 mph. 

Travis Street, from Clark Street to Pylant Street, a distance of 0.30 mile, 25 mph. 

Tucker Road, from S.R. 16 to S.R. 16, a distance of 0.27 miles, 25 mph. 

Turin Street, from Pylant Street to Standing Rock Road, a distance of 0.25 miles, 25 mph. 

Willow Dell Drive, from Seavy Street to dead end, a distance of 0.60 miles, 30 mph. 

Signs shall be erected by the city. 

(c) Penalty. Any person convicted of a violation of this section shall be punished as provided 

for by law. 

(Ord. of 4-4-94; Ord. No. 797-077S, 8-20-97) 


ARTICLE IV. PARKING 

Sec. 66-81. Vehicles to be parked within marked spaces. 

Whenever a space is marked off on any highway for the parking of an individual vehicle, every 

vehicle there parked shall be parked within the lines bounding that space. 

(Code 1980, § 8-3-1) 

Sec. 66-82. Parking prohibited at all times in certain locations. 

It is unlawful for the owner or operator of any motor vehicle or other vehicle to park the vehicle 

in any of the places on the streets and alleys of the city specifically designated by posted signs 

indicating the prohibited parking. 

(Code 1980, § 8-3-2) 

Sec. 66-83. Parking time limited in certain locations, certain days and hours. 

It is unlawful for the owner or operator of any motor vehicle, or other vehicle to park the vehicle 

or allow the vehicle to remain parked in any of the places on the streets and alleys of the city at any 

time on the days and between the hours indicated and specified by posted signs limiting parking time in 

certain locations on certain days and hours. 

(Code 1980, § 8-3-4) 

Sec. 66-84. Special purpose parking zones established. 

It is unlawful for the owner or operator of any motor vehicle, or other vehicle to park the vehicle 

or allow the vehicle to remain parked in any location on the streets and alleys of the city established 

and designated as special purpose parking zones indicated and specified by posted signs approved by 

the mayor and council. 

(Code 1980, § 8-3-5)


Chapter 70 UTILITIES* 

__________ 


18; cable communications, ch. 22; environment, ch. 30; fire prevention and protection, ch. 34; health 

and sanitation, ch. 38; solid waste, ch. 54; streets, sidewalks and other public places, ch. 58; zoning, 

ch. 74. 

State constitution references: Municipal water and sewage services, art. IX, § II, para. III(a)(6), (7). 

State law references: Dumping wastes into sewer pipeline, O.C.G.A. § 12-8-2; damaging or 

interfering with utility property, O.C.G.A. § 16-7-25; blasting or excavating near utility facilities, O.C.G.A. 

§ 25-9-1 et seq.; franchises, contracts with public utilities, O.C.G.A. § 36-34-2(7); municipal water and 

sewage systems, O.C.G.A. § 36-34-5; disposal of public utility plants or properties, O.C.G.A. § 36-37-7 

et seq.; state grants for public purposes, O.C.G.A. § 36-40-20 et seq.; contracts to provide industrial 

wastewater treatment services, O.C.G.A. § 36-60-2; public utilities, O.C.G.A. tit. 46. 

__________ 



Article II. Water 


Sec. 70-26. Application for service; deposit. 

Sec. 70-27. Connection to water required before occupying building; authorized person to make connection. 

Sec. 70-28. Connection fee. 

Sec. 70-29. Minimum charges; use at authorized location only. 

Sec. 70-30. City's responsibility and liability. 

Sec. 70-31. Meters. 

Sec. 70-32. Schedule of water rates. 

Sec. 70-33. Consumer's responsibility and liability. 

Sec. 70-34. Access to premises, extensions of system. 

Sec. 70-35. Meter reading; billing; collection. 

Sec. 70-36. Discontinuance of service for nonpayment; notice. 

Sec. 70-37. Change of occupancy; notice to city. 

Sec. 70-38. Suspension of service. 

Sec. 70-39. Complaints, adjustments. 

Sec. 70-40. Tampering with, removing meter. 

Sec. 70-41. Taking water from fire hydrants, city-owned mains. 


Division 2. Raw Water Protection 

Sec. 70-51. Declaration of policy. 

Sec. 70-52. Authorization. 



Article III. Sewer Use 


Sec. 70-76. Purpose and Policy. 


Sec. 70-78. Abbreviations. 

Sec. 70-79. Sewage and waste disposal; impoundment of surface waters. 

Sec. 70-80. Connection to public water and wastewater systems required; septic tanks and individual sewage 

management systems; certificate of occupancy. 

Sec. 70-81. Duty of owner and occupant to properly operate and maintain septic tanks and other permitted individual 

sewage management systems. 

Sec. 70-82. Connection to public sewer required upon failure of septic tank or individual sewage management 

system. 

Sec. 70-83. Separate building sewers required. 


Division 2. Nondomestic (Industrial, Commercial, Institutional) Use of Public Wastewater Facilities 

Sec. 70-91. Prohibited discharges. 

Sec. 70-92. Federal and state requirements.

Sec. 70-93. Wastewater pretreatment permit application. 

Sec. 70-94. Sampling and testing procedures. 

Sec. 70-95. Significant industrial users. 

Sec. 70-96. Discharge permits. 

Sec. 70-97. Reporting requirements. 

Sec. 70-98. Maintenance of records. 

Sec. 70-99. Regulation of waste received from other jurisdictions. 

Sec. 70-100. Industrial pretreatment facilities. 

Sec. 70-101. Sand and oil/grease interceptors. 

Sec. 70-102. Accidental discharges. 

Sec. 70-103. Hauled wastewater and transportation of commercial wastes. 

Sec. 70-104. Affirmative defenses to discharge violations. 

Sec. 70-105. City's right of revision. 

Sec. 70-106. Dilution. 

Sec. 70-107. Confidential information. 

Sec. 70-108. Miscellaneous provisions. 

Sec. 70-109. High strength wastewater surcharge. 

Secs. 70-110--70-120. Reserved. 

Division 3. Enforcement and penalties 


Sec. 70-122. Notice of violation. 

Sec. 70-123. Consent orders. 

Sec. 70-124. Injunctive relief. 

Sec. 70-125. Termination of discharge. 

Sec. 70-126. Emergency suspensions. 

Sec. 70-127. Civil liability. 

Sec. 70-128. Criminal prosecution. 

Sec. 70-129. Remedies non-exclusive. 

Sec. 70-130. Publication of users in significant noncompliance. 

Sec. 70-131. Notification delivery of enforcement actions.



ARTICLE II. WATER 


Sec. 70-26. Application for service; deposit. 

The consumer shall make application for water service, in person, at the city hall and at the 

same time shall make a cash security deposit for water service in an amount determined by the mayor 

and council. This amount shall remain on deposit in the city treasury for homeowners for a period of two 

years, at which time it shall be refunded. For renters, this amount shall remain on deposit in the city 

treasury as a guarantee for water rent. 

(Code 1980, § 5-1-3; Ord. of 10-6-80, § 2; Ord. of 4-17-96) 

Sec. 70-27. Connection to water required before occupying building; authorized person 

to make connection. 

(a) It shall be unlawful for any person to occupy any building of any kind unless the same is 

connected with the water system of the city. 

(b) It shall be unlawful for any person except an authorized employee of the city to connect 

with or tap any water main of the city, except with the specific authorization of the employee and 

under his supervision. 

(Code 1980, § 5-1-4) 

Sec. 70-28. Connection fee. 

Each consumer subscribing to use the water service of the city shall pay a connection fee in an 

amount determined by the mayor and council. 


Sec. 70-29. Minimum charges; use at authorized location only. 

The minimum charge, as provided in the rate schedule, shall be made for the water connection 

subscribed for. Water furnished for a given lot shall be used on that lot only and, except for fire 

protection, the city shall not under any condition furnish water free of charge to anyone. 


Sec. 70-30. City's responsibility and liability. 

(a) The city shall run a service line from its distribution line to the property line where the 

distribution line exists or is to be constructed, and runs immediately adjacent and parallel to the 

property to be served. No service charge, other than the connection fee referred to in section 

70-28, will be made for a meter five-eighths inch by three-quarters inch in size. A proportionately

greater charge than the connection fee will be made for a meter of larger dimensions. 

(b) The city may make connections to service other properties not adjacent to its lines upon 

payment of reasonable costs for the extensions of its distribution lines as may be required to 

render such service. 

(c) The city may install its meter at or near the property line or, at the city's option, on the 

consumer's property within three feet of the property line. 

(d) The city reserves the right to refuse service unless the consumer's lines or pipings are 

installed in such a manner as to prevent cross connections or backflow. 

(e) Under normal conditions the consumer will be notified of any anticipated interruptions of 

service by the city. 


Sec. 70-31. Meters. 

(a) Every regular consumer of water shall be supplied with a meter by the city, which meter 

shall be under the exclusive control of the city, for which the consumer shall deposit an amount 

as determined by the mayor and council and filed in the city clerk's office. This amount shall be 

refunded by the city if any consumer discontinues the use of city water, less all charges which 

may stand against that consumer. 

(b) Water meters shall be located at the property line adjacent to a street or alleyway or at any 

other location as determined by the city. The person in whose name the service is rendered 

shall be responsible for water rents. 

(Code 1980, § 5-1-1) 

Sec. 70-32. Schedule of water rates. 

The schedule of water rates and connection fees, as set from time to time by the mayor and 

council, shall be kept current and maintained in the office of the city clerk. 

(Code 1980, § 5-1-2) 

Sec. 70-33. Consumer's responsibility and liability. 

(a) Water furnished by the city shall be used for consumption by the consumer, members of his 

household and employees only. The consumer shall not sell water to any other person or permit 

any other person to use the water. Water shall not be used for irrigation, fire protection nor other 

purposes except when water is available in sufficient quantity without interfering with the regular 

domestic consumption in the area served. Disregard for this rule shall be sufficient cause for 

refusal and/or discontinuance ofservice. 

(b) Where the meter or meter box is placed on the premises of a consumer, a suitable place 

shall be provided by the consumer therefor, unobstructed and accessible at all times to the 

meter reader. 

(c) The consumer shall furnish and maintain a private cutoff valve on the consumer's side of 

the meter. 

(d) The consumer's piping and apparatus shall be installed and maintained by the consumer at 

the consumer's expense, in a safe and efficient manner, and in accordance with the sanitary 

regulations of the state department of human resources.

(e) In order to be received as a consumer and entitled to receive water from the city's water 

system, all applicants must offer proof that any private wells located on their property are not 

physically connected to the lines of the city's water system and all applicants by becoming 

consumers of the city covenant and agree that so long as they continue to be consumers of the 

city they will not permit the connection of any private wells on their property to the city's water 

system. 


Sec. 70-34. Access to premises, extensions of system. 

(a) Duly authorized agents of the city shall have access at all reasonable hours to the premises 

of the consumer for the purpose of installing or removing city property, inspecting piping, 

reading and testing meters, or for any other purpose in connection with the water service and its 

facilities. 

(b) Extensions to the system shall be made only when the consumer shall grant or convey, or 

shall cause to be granted or conveyed, to the city a permanent easement of right-of-way across 

any property traversed by the water lines. 


Sec. 70-35. Meter reading; billing; collection. 

(a) Bills to customers for water service shall be mailed out on such day of each month as may 

be determined as desirable by the city. The failure of water users to pay charges duly imposed 

shall result in the automatic imposition of the following penalties: 

(1) Nonpayment within 15 days from the due date will be subject to a penalty of ten 

percent of the delinquent account. 

(2) Nonpayment by the 25th day of each month will result in the water being shut off 

from the water user's property. 

(3) Nonpayment for 60 days after original date will allow the city, in addition to all other 

rights and remedies, to terminate the agreement, and in such event the water user shall 

not be entitled to receive, nor the city obligated to supply, any water under the 

agreement. 

(b) Water service shall not be reconnected until the customer's delinquent bill, including 

penalty and disconnection charges, have been paid in full. Should such customer thereafter 

desire to be reconnected to the water system, a reconnection charge of $25.00 shall be 

collected. Bills shall be paid at the city hall and a failure to receive bills or notices shall not 

prevent the bills from becoming delinquent nor relieve the consumer from payment of the bills. 


Sec. 70-36. Discontinuance of service for nonpayment; notice. 

The city is required to give the water user three days' notice before discontinuing service for 

nonpayment of bills. 

(Code 1980, § 5-1-3)

Sec. 70-37. Change of occupancy; notice to city. 

Not less than three days' notice must be given, in person or in writing, at the city hall to 

discontinue water service or to change occupancy. The departing person shall be responsible for all 

water consumed up to the time of departure or the time specified for departure, whichever period is 

longer. The new occupant shall apply for water service within 48 hours after occupying the premises 

and failure to do so will make him liable for paying for the water consumed since the last meter reading. 


Sec. 70-38. Suspension of service. 

(a) When water service is discontinued and all bills paid, the security deposit shall be refunded 

to the consumer by the city. 

(b) Upon discontinuance of service for nonpayment of bills, the security deposit will be applied 

by the city toward settlement of the account. Any balance will be refunded to the consumer; 

however, if the security deposit is insufficient to cover the bill, the city may proceed to collect the 

balance in the usual way provided by law for the collection of debts. 

(c) Service disconnected for nonpayment of bills will be restored only after bills are paid in full, 

such security deposit as may be required by the mayor and council is made, and a service 

charge of $25.00 paid for each meter reconnected. 

(d) The city reserves the right to discontinue its service without notice for the following 

additional reasons: 

(1) To prevent fraud or abuse. 

(2) Consumer's willful disregard of the city's rules. 

(3) Emergency repairs. 

(4) Insufficiency of water supply due to circumstances beyond the city's control. 

(5) Legal processes. 

(6) Direction of public authorities. 

(7) Strike, riot, fire, flood, unavoidable accident. 


Sec. 70-39. Complaints, adjustments. 

(a) If the consumer believes his bill to be in error, he shall present his claim, in person, at the 

city hall before the bill becomes delinquent. Such claim, if made after the bill has become 

delinquent, shall not be effective in preventing discontinuance of service as provided in this 

article. The consumer may pay such bill under protest and the payment shall not prejudice his 

claim. 

(b) The city will make a special water meter reading at the request of the consumer for a fee of 

$5.00; provided, however, that if such special reading discloses that the meter was overread, no 

charge will be made. 

(c) Water meters will be tested at the request of the consumer upon payment to the city of the 

actual costs of making the test; provided, however, that if the meter is found to overregister 

beyond three percent of the correct volume, no charge will be made. 

(d) If the seal of a meter is broken by other than the city's representative or if the meter fails to

egister correctly or is stopped for any cause, the consumer shall pay an amount estimated from 

the record of his previous bills and/or from other proper data. 


Sec. 70-40. Tampering with, removing meter. 

It shall be unlawful for any person to remove, tamper or in any way meddle with any water meter 

box, rim cover thereto or any part of any water meter box. 

(Code 1980, § 5-1-5) 

Sec. 70-41. Taking water from fire hydrants, city-owned mains. 

It shall be unlawful for any person to turn on and/or take water from any fire hydrant or water 

mains and lines owned by the city except pursuant to lawful permission from an authorized firefighter or 

city employee. 

(Code 1980, § 5-1-6) 


DIVISION 2. RAW WATER PROTECTION 

Sec. 70-51. Declaration of policy. 

It is unlawful to spray, discharge or dump any substance or commit any other act which 

contaminates or pollutes the raw water of the city water system. Items which would be included as 

contaminants or pollutants would include but not be limited to those items recognized by the state 

environmental protection division as being harmful to consumers if contained in potable water, those 

items listed on EPD's toxic list, insecticides and herbicides. 

(Ord. of 8-1-88, § I) 

Sec. 70-52. Authorization. 

The city council is hereby authorized and directed to implement the applicable provisions of this 

division for the public welfare and safety. The municipal court of the city will be responsible for 

determining whether or not a certain act constitutes a violation of this division. 

(Ord. of 8-1-88, § II) 


(a) Any police officer or other city employee designated by the city council may issue a citation 

to a person he reasonably believes to be in violation of this division. The citation shall be 

prepared in duplicate and shall contain the name and address of the alleged violator, if known, 

and the offense charged, and shall direct him to appear in the municipal court within five days of 

service of the citation. The alleged violator shall be requested to sign the citation and shall be 

served a copy of the citation.Service of the citation shall be complete upon the attempt to give it 

to the alleged violator, to an agent or employee of a violator, or to a person over 15 years of age 

who is a resident at the violator's residence. The alleged violator shall appear in municipal court 

to make his plea within five days of service of the citation, and failure to so appear shall be a 

violation of this division and subject the alleged violation to being held in contempt of court. A 

police officer may arrest for any offense under this division where permitted by state arrest law. 

Such cases shall be expedited and given preferential setting in municipal court before all other 

cases. 

(b) A person in apparent control of the property where the violation occurs or originates shall 

be presumed to be the violator, and proof of facts showing apparent control by such person of 

the premises and proof that the violation occurred on the premises shall constitute prima facie 

evidence that the person committed the violation, but the person shall have the right to show 

that he did not commit the violation. Any person whose name is on file as owner of the property 

where the violation occurs or originatesshall be presumed to be the violator, and proof that the 

violation occurred on the premises shall constitute prima facie evidence that the owner 

committed the violation, but the customer shall have the right to show that he did not commit the 

violation. Parents shall be presumed to be responsible for violations of their minor children, and 

proof that a child committed a violation on property within the parent's control shall constitute 

prima facie evidence that the parent committed the violation, but the parent may be excused if 

he proves that he had previously directed the child with regard to this division and that the 

parent could not have reasonably known of the violation. 

(Ord. of 8-1-88, § III)


ARTICLE III. SEWER USE* 

__________ 

*Editor's note: Ord. No. 03-02, § 1, adopted Aug. 18, 2003, amended Art. III in its entirety. Former 

Art. III pertained to similar subject matter and derived from Code 1980, § 9-1-8; Ord. of July 6, 1992; 

and Ord. No. 00-07.5, adopted Oct. 2, 2000. 

__________


Sec. 70-76. Purpose and policy. 

(a) Compliance with state and federal water pollution control laws. This article sets forth 

uniform requirements for persons who cause wastewater to be discharged into the wastewater 

collection and treatment system of the city and enables the city to comply with all applicable 

state and federal laws required by the Clean Water Act, as amended, and the General 

Pretreatment Regulations (40 CFR Part 403). 

The federally mandated objectives of this ordinance are: 

(1) To prevent the introduction of pollutants into the city wastewater system which will 

interfere with the operation of the system or contaminate the resulting sludge; 

(2) To prevent the introduction of pollutants into the city wastewater system which will 

pass through the system, inadequately treated, into receiving waters or the atmosphere 

or otherwise be incompatible with the system; 

(3) To improve the opportunity to recycle and reclaim wastewaters and sludges from 

the system; and 

(4) To provide for equitable distribution of the cost of the city wastewater system. 

This article provides for the regulation of persons who cause wastewater to be discharged into 

the city wastewater system through the issuance of permits to certain non-domestic users and through 

enforcement activities, requires user reporting, assumes that existing customers' capacity will not be 

preempted, and provides for the setting of fees for the equitable distribution of costs resulting from the 

operation and maintenance of the water and wastewater systems. 

(b) Applicability. This article shall apply to the residents of the city and to all users of the city 

water and wastewater systems including persons outside the city who are, by contract or 

agreement with the city, users of the city water and wastewater systems. Except as otherwise 

provided herein, the director of water and wastewater department or his/her designee shall 

administer, implement and enforce the provisions of the article. 

(Ord. No. 03-02, § 1(§ 1), 8-18-2003) 


Unless the context specifically indicates otherwise, the following terms and phrases, as used in 

this ordinance, shall have the meanings hereinafter designated: 

Act or the Act: The Federal Water Pollution Control Act, also known as the Clean Water Act, as 

amended, 33 U.S.C. 1251 et seq. 

Approval authority: The Director of the Georgia Environmental Protection Division. 

Authorized representative of the user: 

(1) If the user is a corporation: 

a. The president, secretary, treasurer, or a vice-president of the corporation in 

charge of a principal business function, or any other person who performs similar 

policy or decision-making functions for the corporation; or

. The manager of one or more manufacturing, production, or operation 

facilities, if authority to sign documents has been assigned or delegated to the 

manager in accordance with corporate procedures. 

(2) If the user is a partnership or sole proprietorship: a general partner or proprietor, 

respectively. 

(3) If the user is a federal, state, or local governmental facility: a director or highest 

official appointed or designated to oversee the operation and performance of the 

activities of the government facility, or their designee. 

(4) The individuals described in subsections (1) through (3), above, may designate 

another authorized representative if the authorization is in writing, the authorization 

specifies the individual or position responsible for the overall operation of the facility from 

which the discharge originates or having overall responsibility for environmental matters 

for the company, and the written authorization is submitted to the city. 

Biochemical oxygen demand (BOD): The quantity of oxygen utilized in the biochemical 

oxidation of organic matter under standard laboratory procedure in five days at 20 degrees Celsius, 

expressed in milligrams per liter. 

Building drain: That part of the piping of a building which collects wastewater inside the walls of 

the building and conveys it to outside the building wall. 

Building sewer: The extension from the building drain to the public sewer or other point of 

acceptance, also called "house connection." Proper maintenance of this service line is the owner's 

responsibility from the building drain to the point of acceptance. At this point, the service line or "lateral" 

becomes the city's responsibility as it continues from this point to the sanitary sewer trunk line. 

City: The City of Senoia, Georgia. 

Cooling water: The water discharged from any use such as air conditioning, cooling or 

refrigeration, or to which the only pollutant added is heat. 

County: Coweta County. 

City administrator: Individual designated by the mayor and council; the city administrator is 

responsible for general supervision of all city departments, including the city water and wastewater 

departments. 

Customer: Every person, firm, association, corporation, government agency, or similar 

organization who is responsible for contracting (expressly or implicitly) with the city in obtaining, having 

or using water or wastewater connections with, or sewer taps to the city wastewater system and in 

obtaining, having or using water or other related services furnished by the city for the purpose of 

disposing of wastewater through said system. The term customer shall also include illicit users of the 

water or wastewater systems. 

Composite: The make-up of a number of individual samples, so taken as to represent the 

nature of sewage or industrial wastes. 

Director or director of water and wastewater: The person designated by the city administrator 

as manager of the city water and wastewater departments. Whenever director is referred to in this 

article, it shall mean the director or his/her designee. 

Direct discharge: The discharge of treated or untreated wastewater directly to the waters of the 

State of Georgia. 

Domestic wastewater: That wastewater discharged into the wastewater system from domestic 

sources such as toilets, washing machines, dishwashers, sinks, showers and bathtubs from normal 

household usage. 

Easement: An acquired legal right for the specific use of land owned by others.

Effluent: The discharge flow of a treatment facility. 

Environmental Protection Agency or EPA: The U.S. Environmental Protection Agency, or where 

appropriate the term may also be used as a designation for the administrator or other duly authorized 

official of said agency. 

Existing source: Any source of discharge, the construction or operation of which commenced 

prior to the publication by EPA of proposed categorical pretreatment standards, which will be applicable 

to such source if the standard is thereafter promulgated in accordance with Section 307 of the Act. 

Federal Categorical Pretreatment Standard or Federal Pretreatment Standard: Any regulation 

containing pollutant discharge limits promulgated by the EPA in accordance with section 307(b) and (c) 

of the Act (33 U.S.C. 1317) which applies to a specific category of industrial users. Categorical 

standards appear in 40 CFR, Chapter 1, Subchapter N, Parts 405-471. 

Floatable oil and grease: Oil, fat or grease in a physical state such that it will separate by 

flotation from wastewater by treatment in an approved pretreatment facility or sand and oil/grease 

interceptor. 

Flush toilet: The common sanitary flush commode in general use for the disposal of human 

excrement. 

Garbage: The animal and vegetable waste resulting from the handling, preparation, cooking 

and serving of foods. 

Governing body: The mayor and council of the City of Senoia, Georgia. 

Grab sample: A sample which is taken from a waste stream without regard to the flow in the 

waste stream and over a period of time not to exceed 15 minutes. 

Grit: Matter consisting of sand, gravel, cinders, or other heavy solid materials that has settling 

velocities or specific gravities greater than those of organic putrescible solids normally encountered in 

domestic wastewater. 

Health department: The Coweta County Board of Health. 

High strength wastewater: Wastewater which contains quantities of specified constituents 

which exceed the quantities normally encountered in domestic wastewater. 

Holding tank waste: Any waste from holding tanks such as vessels, chemical toilets, campers, 

trailers, septic tanks, and vacuum-pump tank trucks. 

House connection: Same as the "building sewer". 

Indirect discharge or discharge: The introduction of pollutants into the POTW from any nondomestic 

source regulated under Section 307(b), (c), or (d) of the Act. 

Industrial customers: Persons who, on account of their particular type of business activity, 

discharge into the city sanitary sewerage system an unusual amount or unusual type of sewage which 

present special problems in sewage disposal and sewage treatment. 

Industrial user or contributor: An industry which discharges waste waters having the 

characteristics of industrial wastes, as distinct from commercial wastes or domestic wastes. 

Infiltration/inflow: Groundwater and surface water which leaks into the wastewater system 

through cracked pipes, joints, manholes or other openings. 

Inflow: Water that flows into the wastewater system from the surface, streams, roof drains, 

down spouts or other such source. 

Instantaneous maximum allowable discharge limit: The maximum concentration of a pollutant 

allowed to be discharged at any time, determined from the analysis of any discrete or composite 

sample collected, independent of the industrial flow rate and the duration of the sampling event.

Interference: A discharge, which alone or in conjunction with a discharge or discharges from 

other sources, inhibits or disrupts the POTW, its treatment processes or operations or its sludge 

processes, use or disposal; and therefore, is a cause of a violation of the city's NPDES permit or of the 

prevention of sewage sludge use or disposal in compliance with any of the following 

statutory/regulatory provisions or permits issued thereunder, or any more stringent state or local 

regulations: Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred 

to as the Resource Conservation and Recovery Act (RCRA); any state regulations contained in any 

state sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the 

Clean Air Act; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries 

Act. 

Main: The pipe, conduit or facility which conveys utility service to individual services or to other 

mains. 

Medical waste: Isolation wastes, infectious agents, human blood and blood products, 

pathological wastes, sharps, body parts, contaminated bedding, surgical wastes, potentially 

contaminated laboratory wastes, and dialysis wastes. 

Meter: Any device used to measure service rendered to a customer by the city. 

National Pollution Discharge Elimination System or NPDES permit: A permit issued pursuant to 

Section 402 of the Act (33 U.S.C. 1342). 

Natural outlet: Any outlet, including storm sewers, watercourses, ponds, ditches, lakes or other 

bodies of surface water or groundwater. 

New source: 

(1) Any building, structure, facility, or installation from which there is (or may be) a 

discharge of pollutants, the construction of which commenced after the publication of 

proposed pretreatment standards under Section 307(c) of the Act which will be 

applicable to such source if such standards are thereafter promulgated in accordance 

with that section, provided that: 

a. The building, structure, facility, or installation is constructed at a site at which 

no other source is located; or 

b. The building, structure, facility, or installation totally replaces the process or 

production equipment that causes the discharge of pollutants at an existing 

source; or 

c. The production or wastewater generating processes of the building, structure, 

facility, or installation are substantially independent of an existing source at the 

same site. In determining whether these are substantially independent, factors 

such as the extent to which the new facility is integrated with the existing plant, 

and the extent to which the new facility is engaged in the same general type of 

activity as the existing source, should be considered. 

(2) Construction on a site at which an existing source is located results in a modification 

rather than a new source if the construction does not create a new building, structure, 

facility, or installation meeting the criteria of subsection (1)b or c above but otherwise 

alters, replaces, or adds to existing process or production equipment. 

(3) Construction of a new source as defined under this paragraph has commenced if 

the owner or operator has: 

a. Begun, or caused to begin, as part of a continuous onsite construction 

program 

1. Any placement, assembly, or installation of facilities or equipment; or

2. Significant site preparation work including clearing, excavation, or 

removal of existing buildings, structures, or facilities which is necessary 

for the placement, assembly, or installation of new source facilities or 

equipment; or 

b. Entered into a binding contractual obligation for the purchase of facilities or 

equipment which are intended to be used in its operation within a reasonable 

time. Options to purchase or contracts which can be terminated or modified 

without substantial loss, and contracts for feasibility, engineering, and design 

studies do not constitute a contractual obligation under this paragraph. 

Noncontact cooling water: Water used for cooling which does not come into direct contact with 

any raw material, intermediate product, waste product, or finished product. 

Nondomestic user: Any user of the city wastewater system who discharges wastewater into the 

wastewater system from a structure other than a residential user. 

Nondomestic wastewater: The wastewater generated from nondomestic users as distinct from 

domestic or sanitary wastes. 

Ordinance: This Sewer Use Ordinance, as amended, including any future codification thereof 

by the City of Senoia. 

Pass through: A discharge which exits the POTW into waters of the United States in quantities 

or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a 

cause of a violation of any requirement of the city's NPDES permit, including an increase in the 

magnitude or duration of a violation. 

Person: Any individual, partnership, firm, company, corporation, association, joint stock 

company, trust, estate, governmental entity, or any other legal entity; or their legal representatives, 

agents, or assigns. This definition includes all federal, state, and local governmental entities. 

pH: The logarithm (base 10) of the reciprocal of the molar concentration of hydrogen ions in 

solution. 

Pit privy: Shored, vertical pit in the earth used for the disposal of human or animal wastes. 

Point of acceptance: For sewer systems, the point of acceptance is the point at which the city's 

piping connects with the customer's piping. Commonly called the "tap". 

Pollutant: Dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, 

sewage sludge, munitions, medical wastes, chemical wastes, biological materials, radioactive 

materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, municipal, agricultural and 

industrial wastes, and certain characteristics of wastewater (e.g., pH, temperature, TSS, turbidity, color, 

BOD, COD, toxicity, or odor). 

Pollution: The manmade or maninduced detrimental alteration of the chemical, physical, 

biological and radiological integrity of water or soil, or the products which create or cause such 

alteration. 

POTW treatment plant: That portion of the POTW designed to provide treatment to 

wastewater. 

Pretreatment coordinator: The person designated by the city to supervise the operation of the 

industrial pretreatment program. 

Pretreatment requirements: Any substantive or procedural requirement related to pretreatment, 

other than a national pretreatment standard imposed on a nondomestic user. 

Pretreatment standards or standards: Pretreatment standards shall mean prohibited discharge 

standards, categorical pretreatment standards, and local limits.

Pretreatment or treatment: The reduction of the amount of pollutants, the elimination of 

pollutants, or the alteration of the nature of pollutant properties in wastewater to a less harmful state 

prior to or in lieu of discharging or otherwise introducing such pollutants into the wastewater treatment 

system. The reduction or alteration can be obtained by physical, chemical or biological processes, or by 

process changes or other means, except as prohibited by 40 CFR section 403.6(d). 

Prohibited discharge standards or prohibited discharges: Absolute prohibitions against the 

discharge of certain substances; these prohibitions appear in section 70-91. 

Properly shredded garbage: The wastes from the preparation, cooking and dispensing of food 

that has been shredded to such a degree that all particles will be carried freely under the flow 

conditions normally prevailing in public sewers, with no particle greater than one-half inch in any 

dimension. 

Publicly owned treatment works (POTW): A treatment works as defined by Section 212 of the 

Act (33 U.S.C. 1292) which is owned in this instance by the city. This definition includes any sewers 

that convey wastewater to the POTW treatment plant, but does not include pipes, sewers or other 

conveyances not connected to a facility providing treatment. For the purposes of this article, "POTW" 

shall also include any sewers that convey wastewaters to the POTW from persons outside the city who 

are by contract or agreement with the city, users of the city's POTW. 

Public sewer: A common sewer controlled by a governmental agency or public utility, in this 

case, the City of Senoia. 

Sanitary sewer or sewer: A sewer that carries liquid and water-carried wastes from residences, 

commercial buildings, industrial plants, and institutions. 

Septic tank: A subsurface impervious tank designed to temporarily retain sewage or similar 

waterborne wastes together with: 

(1) A sewer line constructed with solid pipe, with the joints sealed, connecting the 

impervious tank with a plumbing stub out; and 

(2) A subsurface system of trenches, piping and other materials constructed to drain 

the clarified discharge from the tank and distribute it underground to be absorbed or 

filtered. 

Service connection: The point of connection of the customer's piping with the meter or service 

pipe owned by the city. 

Service lateral: The pipe between the utility's mains and the point of delivery and shall include 

all of the pipe, fittings and valves necessary to make the connection excluding the meter. 

Sewage: A combination of the water-carried wastes from residences, businesses, institutions 

and industrial establishments, together with such ground, surface and storm waters as may be present. 

Sewer: A pipe or conduit that carries wastewater. 

Significant industrial user: 

(1) A user subject to categorical pretreatment standards; or 

(2) A user that: 

a. Discharges an average of 25,000 gpd or more of process wastewater to the 

POTW (excluding sanitary, noncontact cooling, and boiler blowdown 

wastewater); 

b. Contributes a process wastestream which makes up five percent or more of 

the average dry weather hydraulic or organic capacity of the POTW treatment 

plant; or 

c. Is designated as such by the city on the basis that it has a reasonable

potential for adversely affecting the POTW's operation or for violating any 

pretreatment standard or requirement. 

(3) Upon a finding that a user meeting the criteria in subsection (2) has no reasonable 

potential for adversely affecting the POTW's operation or for violating any pretreatment 

standard or requirement, the city may at any time, on its own initiative or in response to a 

petition received from a user, and in accordance with procedures in 40 CFR 403.8(f)(6), 

determine that such user should not be considered a significant industrial user. 

Slug load or slug: Any discharge at a flow rate or concentration which could cause a violation of 

the prohibited discharge standards in this article. 

State: State of Georgia. 

Standard industrial classification (SIC): A classification pursuant to the Standard Industrial 

Classification Manual issued by the Executive office of the President, Office of Management and 

Budget, 1987, as amended. 

Standard methods: Those procedures or methods established by the latest edition of the 

"Standard Methods for the Examination of Water and Wastewater" as prepared, approved and 

published jointly by the American Public Health Association, the American Water Works Association, 

and the Water Environment Federation, a copy of which is on file in the office of the superintendent. 

Storm drain: Sometimes termed storm sewer, it shall mean a drain or sewer for conveying 

surface water, groundwater, subsurface water, or unpolluted water from any source. 

Storm water: Any flow occurring during or following any form of natural precipitation and 

resulting therefrom. 

Suspended solids or total suspended solids (TSS): Total suspended matter that either floats on 

the surface of, or is in suspension in, water, wastewater, or other liquids, and that is removable by 

laboratory filtering as prescribed in "Standard Methods for the Examination of Water and Wastewater" 

and referred to as nonfilterable residue. 

Toxic: Constituents of wastes which adversely effect the organisms involved in wastewater 

treatment. 

Unpolluted water: Water of quality equal to or better than the effluent criteria in effect or water 

that would not cause violation of receiving water quality standards and would not be benefited by 

discharge to the sanitary sewers and wastewater treatment facilities. 

User: Any person who contributes, causes or permits the discharge of wastewater into the city 

wastewater system. 

Wastewater: Liquid and water-carried industrial wastes and sewage from residential dwellings, 

commercial buildings, industrial and manufacturing facilities, and institutions, whether treated or 

untreated, which are contributed to the POTW. 

Wastewater system or city wastewater system: The total wastewater collection and disposal 

facilities owned and operated by the city. Also the administrative framework which operates the 

facilities. 

Water meter: Those devices, approved by the city for the purpose of establishing the quantity of 

water consumed by a premise or person. 

Water system or city water system: The total water distribution facilities owned and operated by 

the city. Also the administrative framework which operates the facilities. 

Watercourse: Shall mean a natural or artificial channel for the passage of water either 

continuously or intermittently. 

Waters of the state: Any and all rivers, streams, creeks, branches, lakes, reservoirs, ponds, 

drainage systems, springs, wells, and other bodies of surface or subsurface water, natural or artificial,

lying within or forming a part of the boundaries of the state which are not entirely confined and 

retained completely upon the property of a single individual, partnership, or corporation. 

(Ord. No. 03-02, § 1(§ 2), 8-18-2003) 

Sec. 70-78. Abbreviations. 

The following abbreviations shall have the designated meanings: 

TABLE INSET: 

BOD - Biochemical oxygen demand 

CFR - Code of Federal Regulations 

COD - Chemical oxygen demand 

CWA - Clean Water Act 

EPA - Environmental Protection Agency 

l - Liter 

mg - Milligrams 

mg/l - Milligrams per liter 

NPDES - National Pollutant Discharge Elimination System 

O & M - Operation and maintenance 

POTW - Publicly owned treatment works 

psi - Pounds per square inch 

SIC - Standard industrial classification 

TSS - Total suspended solids 

USC - United States Code 

(Ord. No. 03-02, § 1(§ 3), 8-18-2003) 

Sec. 70-79. Sewage and waste disposal; impoundment of surface waters. 

It shall be unlawful to use any waters of the state for the disposal of sewage, industrial wastes, 

or other wastes, or to withdraw, divert, or impound any surface waters of the state, except in such a 

manner as to conform to and comply with Article 2 of Chapter 5 of Title 12 of the Official Code of 

Georgia Annotated. 

(Ord. No. 03-02, § 1(§ 4), 8-18-2003) 

Sec. 70-80. Connection to public water and wastewater systems required; septic tanks 

and individual sewage management systems; certificate of occupancy. 

In the interest of the public health, sanitation and general welfare, all buildings and structures 

located within the city, of every nature, use and design, intended for human occupancy, shall have a 

proper source of potable drinking water and sewage disposal. Buildings and structures accessible to a 

public water system and/or a public sanitary sewer system shall be properly connected on or into such 

system(s) prior to issuance of a certificate of occupancy. No permit for the construction of any 

residence,building or other facility which cannot be served by public sanitary sewer shall be issued, and

no certificate for the use and occupancy for any existing residence, building or other facility 

which cannot be served by public sanitary sewer shall be issued, unless a septic tank or individual 

sewage management system permit has been issued by the Coweta County Board of Health in 

conformity with any state-wide minimum standards for sewage management systems and the 

regulations of the County Board of Health then in force and effect. It shall be unlawful for any person to 

construct, maintain, or permit to exist upon their property any privy, privy vault, cesspool, or other 

facility intended for use or disposal of human excrement, and the existence thereof is hereby declared a 

public nuisance, abatable in accordance with the applicable provisions of the City Code. 

(Ord. No. 03-02, § 1(§ 5), 8-18-2003) 

Sec. 70-81. Duty of owner and occupant to properly operate and maintain septic tanks 

and other permitted individual sewage management systems. 

It shall be the duty of the property owner, and any person occupying private property under 

lease or by permission of the owner, on which is located a building or structure intended for human 

occupancy whose sole means of sewage disposal is a septic tank or individual sewage management 

system, to properly operate and maintain such system in good working condition, free of odor, at all 

times. In addition to the enforcement provisions of this article, continued violation of this section shall 

constitute grounds for discontinuance or revocation of any permit issued for such system and for 

revocation or suspension of any certificate of occupancy for the building or structure served. 

(Ord. No. 03-02, § 1(§ 6), 8-18-2003) 

Sec. 70-82. Connection to public sewer required upon failure of septic tank or individual 

sewage management system. 

At such time as public sanitary sewer becomes accessible in those areas where existing 

buildings or structures intended for human occupancy are currently served by septic tanks or individual 

sewage management systems, upon the failure of such septic tank or individual sewage management 

system, use of such system shall be discontinued and no permit shall be issued for maintenance or 

bringing the system into compliance, and the property owner shall cause the building or structure to be 

connected to the publicsanitary sewer system. Abandoned septic tanks and individual systems shall 

either be removed by the owner or filled with suitable material so as not to constitute a hazard or 

nuisance. 

(Ord. No. 03-02, § 1(§ 7), 8-18-2003) 

Sec. 70-83. Separate building sewers required. 

A separate building sewer shall be provided for every building and structure intended for human 

occupancy and accessible to the public sanitary sewer system, unless for good cause shown the 

director issues a written permit to allow more than one building or structure to be connected on a 

common building sewer. 

(Ord. No. 03-02, § 1(§ 8), 8-18-2003) 


DIVISION 2. NON-DOMESTIC (INDUSTRIAL, COMMERCIAL, INSTITUTIONAL) USE OF 

PUBLIC WASTEWATER FACILITIES 

Sec. 70-91. Prohibited discharges. 

(a) General prohibitions. No user shall introduce or cause to be introduced into the POTW any 

pollutant or wastewater which causes pass through or interference. These general prohibitions 

apply to all users of the POTW whether or not they are subject to categorical pretreatment 

standards or any other national, state, or local pretreatment standards or requirements. 

(b) Specific prohibitions. No user shall introduce or cause to be introduced into the POTW the 

following pollutants, substances, or wastewater: 

(1) Pollutants which create a fire or explosive hazard in the POTW, including, but not 

limited to, wastestreams with a closed-cup flashpoint of less than 140°F (60°C) using the 

test methods specified in 40 CFR 261.21; 

(2) Wastewater having a pH less than 5.5 or more than 11.0, or otherwise causing 

corrosive structural damage to the POTW or equipment; 

(3) Solid or viscous substances in amounts which will cause obstruction of the flow in 

the sewer system or POTW resulting in interference; 

(4) Pollutants, including oxygen-demanding pollutants (BOD, etc.), released in a 

discharge at a flow rate and/or pollutant concentration which, either singly or by 

interaction with other pollutants, will cause interference with the POTW; 

(5) Wastewater having a temperature greater than 150°F (65°C), or which will inhibit 

biological activity in the treatment plant resulting in interference, but in no case 

wastewater which causes the temperature at the introduction into the treatment plant to 

exceed 104°F (40°C); 

(6) Petroleum oil, nonbiodegradable cutting oil, or products of mineral oil origin, in 

amounts that will cause interference or pass through; 

(7) Pollutants which result in the presence of toxic gases, vapors, or fumes within the 

POTW in a quantity that may cause acute worker health and safety problems; 

(8) Trucked or hauled pollutants, except at discharge points designated by the director 

in accordance with section 70-103; 

(9) Noxious or malodorous liquids, gases, solids, or other wastewater which, either 

singly or by interaction with other wastes, are sufficient to create a public nuisance or a 

hazard to life, or to prevent entry into the sewers for maintenance or repair; 

(10) Wastewater which imparts color which cannot be removed by the treatment 

process, such as, but not limited to, dye wastes and vegetable tanning solutions, which 

consequently imparts color to the treatment plant's effluent, thereby violating the city's 

NPDES permit; 

(11) Wastewater containing any radioactive wastes or isotopes except in compliance 

with applicable state or federal regulations; 

(12) Storm water, surface water, ground water, artesian well water, roof runoff, 

subsurface drainage, swimming pool drainage, condensate, deionized water, noncontact 

cooling water, and unpolluted wastewater, unless specifically authorized by the director; 

(13) Sludges, screenings, or other residues from the pretreatment of industrial wastes;

(14) Medical wastes, except as specifically authorized by the director in a wastewater 

discharge permit; 

(15) Wastewater causing, alone or in conjunction with other sources, the treatment 

plant's effluent to fail a toxicity test; 

(16) Detergents, surface-active agents, or other substances which may cause 

excessive foaming in the POTW; 

(17) Fats, oils, or greases of animal or vegetable origin in concentrations greater 150 

mg/l; 

(18) Wastewater causing two readings on an explosion hazard meter at the point of 

discharge into the POTW, or at any point in the POTW, of more than five percent or any 

single reading over ten percent of the lower explosive limit of the meter. 

(19) The following pollutant limits are established to protect against process 

interference, stream standards violation, or sludge contamination. Discharges by users 

of the collection and treatment system are limited such that the concentrations of specific 

pollutants measured at the point of discharge into the collection system do not exceed 

concentrations specified below. 

No user shall discharge wastewater which exceeds the following daily maximum shown limits (all 

numbers shown in milligrams per liter, mg/l): 

TABLE INSET: 

Pollutant 

Arsenic NA 

Cadmium 0.02 

Total Chromium 0.20 

Copper 0.44 

Cyanide 0.21 

Lead 0.04 

Mercury 0.002 

Molybdenum 0.8 

Nickel 0.5 

Selenium NA 

Silver 0.05 

Zinc 0.08 

Bis (2-ethylhexyl) phthalate NA 

5-day biochemical oxygen demand 300 

Suspended solids 300 

Ammonia (as N) 30 

Chemical oxygen demand 600 

Total Phosphorus 10 

Pollutants, substances, or wastewater prohibited by this section shall not be processed or 

stored in such a manner that they could be discharged to the POTW. 

The city reserves the right to enter into special agreements with industrial users setting out 

special terms under which they may discharge to the POTW. In no case will a special agreement waive 

compliance with a pretreatment standard or requirement. The industrial user may, however, request a

DIVISION 2. NON-DOMESTIC (INDUSTRIAL, COMMERCIAL, INSTITUTIONAL) ... Page 3 of 21 

net gross adjustment to a categorical standard in accordance with 40 CFR 403.15. The 

industrial user may also request a variance from the categorical pretreatment standard from EPA. Such 

a request will be approved only if the industrial user can prove that factors relating to its discharge are 

fundamentally different from the factors considered by EPA when establishing that pretreatment 

standard. An industrial user requesting a fundamentally different factor variance must comply with the 

procedural and substantive provisions in 40 CFR 403.13. 

(Ord. No. 03-02, § 1(§ 11), 8-18-2003) 

Sec. 70-92. Federal and state requirements. 

(a) Any laws or regulations promulgated by the State of Georgia relative to the construction or 

use of wastewater facilities which are more strict than the regulations provided in the City Code 

are incorporated herein by reference, and such regulations shall be enforced by the city. 

(b) Federal pretreatment standards. 

(1) The federal government has adopted regulations governing wastewater discharges 

from industries into POTWs. These federal regulations are generally referred to as the 

federal pretreatment standards, as set forth in 40 CFR Part 403, or the federal 

categorical pretreatment standards, as set forth in 40 CFR Parts 405--471. Any portion 

of these federal standards which are more strict than the regulations provided in the City 

Code are incorporated herein by reference, and such regulations will be enforced by 

thecity. 

(2) It is the affirmative obligation of all industrial users regulated by the federal 

pretreatment standards, inclusive of the federal categorical pretreatment standards, to 

comply with the federal standards whether or not the industry has received notification 

from the city or any other jurisdiction of the existence and nature of the federal 

standards. 

(3) The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, 

Parts 405--471 are hereby incorporated. 

(4) Where a categorical pretreatment standard is expressed only in terms of either the 

mass or the concentration of a pollutant in wastewater, the director may impose 

equivalent concentration or mass limits in accordance with 40 CFR 403.6(c). 

(5) When wastewater subject to a categorical pretreatment standard is mixed with 

wastewater not regulated by the same standard, the director shall impose an alternate 

limit using the combined wastestream formula in 40 CFR 403.6(e). 

(6) A user may obtain a variance from a categorical pretreatment standard if the user 

can prove, pursuant to the procedural and substantive provisions in 40 CFR 403.13, that 

factors relating to its discharge are fundamentally different from the factors considered 

by EPA when developing the categorical pretreatment standard. 

(7) A user may obtain a net gross adjustment to a categorical standard in accordance 

with 40 CFR 403.15. 

(c) Modifications to federal pretreatment standards. 

(1) From time to time the federal government may alter existing federal pretreatment 

standards or promulgate new standards. None of the provisions contained in the City 

Code shall prevent the timely implementation of new or altered federal standards by the 

industries to whom the new or altered standards apply. Where new or altered federal 

standards are more strict than the standards presently being imposed by the city, the city 

may, without prejudice, immediately revise any industrial wastewater discharge permits 

to reflect the new or altered standards. If the industrial user is unable to immediately 

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2/8/2006


conform to the new or altered standards, a reasonable schedule for compliance shall be 

provided by the director. 

(2) Where the city's wastewater treatment system achieves consistent removal of 

pollutants limited by federal pretreatment standards, the city may apply to the approval 

authority for modification of specific limits in the federal pretreatment standards. 

"Consistent removal" shall mean reduction in the amount of a pollutant or alteration of 

the nature of the pollutant by the wastewater treatment system to a less toxic or 

harmless state in the effluent which is achieved by the system in 95 percent of the 

samplestaken when measured according to the procedures set forth in section 403.7(c) 

(2) of 40 CFR Part 403 promulgated pursuant to the Clean Water Act, as amended. The 

city may then modify pollutant discharge limits in the federal pretreatment standards if 

the requirements contained in 40 CFR Part 403, Section 403.7 are fulfilled and prior 

approval from the Georgia Environmental Protection Division is obtained. 

(Ord. No. 03-02, § 1(§ 12), 8-18-2003) 

Sec. 70-93. Wastewater pretreatment permit application. 

All nondomestic users shall, upon the request of the director, complete and submit to the 

director a wastewater pretreatment permit application. The wastewater pretreatment permit application 

shall be on a form provided by the director and shall be used for the purpose of determining whether 

the industry is a "significant industrial user," issuing a permit and for other purposes. The wastewater 

pretreatment permit application shall include the following information, at a minimum: 

(1) Name, address and location, if different from the address. 

(2) SIC number according to the Standard Industrial Classification Manual, U.S. Office 

of Management and Budget, 1987, as amended. 

(3) Wastewater constituents and characteristics, including but not limited to those 

shown in 70-91. 

(4) Time and duration of contribution. 

(5) Average daily and peak wastewater flow rates, including daily, monthly and 

seasonal variations if any. 

(6) Site plans, floor plans, mechanical and plumbing plans and details to show all 

sewers, sewer connections and appurtenances by size, location and elevation. 

(7) Description of activities, facilities and plant processes on the premises, including all 

materials which are or could be discharged. 

(8) Each product produced by type, amount, process or processes and rate of 

production. 

(9) Type and amount of raw materials processed (average and maximum per day). 

(10) Number and type of employees and hours of operation of plant and proposed or 

actual hours of operation of pretreatment system. 

(11) Any other information as may be deemed by the city to be necessary to evaluate 

the permit application. 

(12) All wastewater discharge permit applications and user reports must be signed by 

the user or an authorized representative of the user and contain the following 

certification statement: 

"I certify under penalty of law that this document and all attachments were prepared 

under my direction or supervision in accordance with a system designed to assure that 


2/8/2006


qualified personnel properly gather and evaluate the information submitted. Based on 

my inquiry of the person or persons who manage the system, or those persons directly 

responsible for gathering the information, the information submitted is, to the best of my 

knowledge and belief, true, accurate, and complete. I am aware that there are significant 

penalties for submitting false information, including the possibility of fine and 

imprisonment for knowing violations." 

The director will evaluate the data furnished by the user and may require additional information. 

(Ord. No. 03-02, § 1(§ 14), 8-18-2003) 

Sec. 70-94. Sampling and testing procedures. 

(a) Sampling procedures. 

(1) Except as indicated in subsection (2), below, the user must collect wastewater 

samples using flow proportional composite collection techniques. In the event flow 

proportional sampling is infeasible, the director may authorize the use of time 

proportional sampling or a minimum of four grab samples where the user demonstrates 

that this will provide a representative sample of the effluent being discharged. In 

addition, grab samples may be required to show compliance with instantaneous 

discharge limits. 

(2) Samples for oil and grease, temperature, pH, cyanide, phenols, hexavalent 

chromium, sulfides, and volatile organic compounds must be obtained using grab 

collection techniques. 

(b) Testing procedures. 

(1) All wastewater monitoring samples required by the city shall be tested by an 

independent laboratory for the parameters required, with the results submitted to the city 

on the original laboratory report sheets. The requirement for utilization of an independent 

laboratory may be waived by the city when the required tests are performed by the city 

or other approved agency or when duplicate ("split") samples are provided to the city 

and the city's testing results of such duplicate samples show a reasonably 

goodcorrelation with the user's in-house testing results. 

(2) All measurements, tests, and analyses of the characteristics of waters and wastes 

to which reference is made in this chapter shall be determined in accordance with the 

latest edition of "Standard Methods for the Examination of Water and Wastewater," 

published by the American Public Health Association, or in accordance with any 

applicable EPA testing procedure of general acceptance in the chemical testing industry, 

provided, however, that all such analyses shall be determined in accordance with the 

requirements of 40 CFR 136, which requirements shall prevail in the event of conflict. 

(3) The cost(s) incurred for testing shall be the responsibility of the customer. 

(Ord. No. 03-02, § 1(§ 14), 8-18-2003) 

Sec. 70-95. Significant industrial users. 

(a) General. All significant industrial users (see definition of significant industrial user in 

section 70-77) that discharge wastewater effluent into the city wastewater system shall comply 

with the following: 

(b) Sampling manhole. In order to provide for accurate sampling and measurement of 

industrial wastes, each significant industrial user shall provide and maintain, on each of its 


2/8/2006


industrial waste outlet sewers, a large manhole or sampling chamber to be located outside the 

plant. If inside the plant fence, there shall be a gate near the sampling manhole with a key 

furnished to the city. There shall be ample room provided in each sampling manhole to enable 

convenient inspection and sampling by the city, or its agent. In certain sampling manholes 

where noxious fumes may accumulate, the city may require a fume exhaust system to protect 

the life and health of the city employees who are required to enter the sampling manhole. The 

fume exhaust system should extract the fumes from the bottom of the manhole and provide not 

less than one air change per minute. 

(c) Discharge permit required. It shall be unlawful for any significant industrial user, as 

determined under this article, to discharge wastewater into the city wastewater system without a 

city issued discharge permit. 

(Ord. No. 03-02, § 1(§ 15), 8-18-2003) 

Sec. 70-96. Discharge permits. 

(a) General. All significant industrial users proposing to connect to or to contribute to the city 

wastewater system shall obtain a wastewater discharge permit before connecting to or 

contributing to the city system. 

(b) Application. 

(1) When requested to do so by the director, all significant industrial users shall 

complete and file with the director an application for a permit accompanied by a 

nonrefundable fee as set by resolution of the mayor and council, from time to time. 

Existing users shall apply for a discharge permit within 60 days of notification by the 

director that a discharge permit is required. Proposed new users shall make application 

not less than 90 days prior to connecting to or contributing to the city wastewater 

system.The completed wastewater pretreatment permit application described in section 

70-93 will serve as application for a discharge permit. 

(2) The director will evaluate the data furnished by the user and may require additional 

information. Within 60 days of receipt of a complete wastewater discharge permit 

application, the director will determine whether or not to issue a wastewater discharge 

permit. The director may deny any application for a wastewater discharge permit, in 

writing, stating the reasons for denial. 

(3) Any aggrieved user, whose permit application has been denied, may petition the 

director to reconsider the terms of a wastewater discharge permit within 30 days of 

notice of its denial. 

a. Failure to submit a timely petition for review shall be deemed to be a waiver 

of any administrative appeal. The petition shall set forth all grounds of alleged 

error upon which the permit denial was based. 

b. If the director fails to act within 30 days, a request for reconsideration shall be 

deemed to be denied. Decisions not to reconsider a wastewater discharge permit 

denial shall be considered final administrative actions for purposes of judicial 

review. 

c. Aggrieved users seeking judicial review of the final administrative wastewater 

discharge permit decision must do so by filing a Petition for Writ of Certiorari in 

the Coweta County Superior Court. 

(c) The director may modify a wastewater discharge permit for good cause, including, but not 

limited to, the following reasons: 

(1) To incorporate any new or revised federal, state, or local pretreatment standards or 


2/8/2006


requirements; 

(2) To address significant alterations or additions to the user's operation, processes, or 

wastewater volume or character since the time of wastewater discharge permit issuance; 

(3) A change in the POTW that requires either a temporary or permanent reduction or 

elimination of the authorized discharge; 

(4) Information indicating that the permitted discharge poses a threat to the city's 's 

POTW, city personnel, or the receiving waters; 

(5) Violation of any terms or conditions of the wastewater discharge permit; 

(6) Misrepresentations or failure to fully disclose all relevant facts in the wastewater 

discharge permit application or in any required reporting; 

(7) Revision of or a grant of variance from categorical pretreatment standards pursuant 

to 40 CFR 403.13; 

(8) To correct typographical or other errors in the wastewater discharge permit; or 

(9) To reflect a transfer of the facility ownership or operation to a new owner or 

operator. 

(d) Conditions. Wastewater discharge permits shall be expressly subject to all provisions of 

this article and all other applicable regulations, user charges and fees established by the city. 

Permits must contain, at a minimum, the following: 

(1) A statement that indicates wastewater discharge permit duration, which in no event 

shall exceed five years; 

(2) A statement that the wastewater discharge permit is nontransferable without prior 

notification to the city in accordance with subsection (e) of this section, and provisions 

for furnishing the new owner or operator with a copy of the existing wastewater 

discharge permit; 

(3) Effluent limits based on applicable pretreatment standards; 

(4) Self monitoring, sampling, reporting, notification, and record-keeping requirements. 

These requirements shall include an identification of pollutants to be monitored, 

sampling location, sampling frequency, and sample type based on federal, state, and 

local law; and 

(5) A statement of applicable sanctions for violation of pretreatment standards and 

requirements, and any applicable compliance schedule. Such schedule may not extend 

the time for compliance beyond that required by applicable federal, state, or local law. 

(6) Wastewater discharge permits may also contain, but need not be limited to, the 

following conditions: 

a. Limits on the average and/or maximum rate of discharge, time of discharge, 

and/or requirements for flow regulation and equalization; 

b. Requirements for the installation of pretreatment technology, pollution 

control, or construction of appropriate containment devices, designed to reduce, 

eliminate, or prevent the introduction of pollutants into the treatment works; 

c. Requirements for the development and implementation of spill control plans 

or other special conditions including management practices necessary to 

adequately prevent accidental, unanticipated, or non-routine discharges; 

d. Development and implementation of waste minimization plans to reduce the 

amount of pollutants discharged to the POTW; 


2/8/2006


e. The unit charge or schedule of user charges and fees for the management of 

the wastewater discharged to the POTW; 

f. Requirements for installation and maintenance of inspection and sampling 

facilities and equipment; 

g. A statement that compliance with the wastewater discharge permit does not 

relieve the permittee of responsibility for compliance with all applicable federal 

and state pretreatment standards, including those which become effective during 

the term of the wastewater discharge permit; and 

h. Other conditions as deemed appropriate by the director to ensure compliance 

with this article, and state and federal laws, rules, and regulations. 

(e) Duration. Permits shall be issued for a period as determined by the city, not to exceed five 

years, and shall bear a stated expiration date. It shall be the responsibility of the permittee to 

apply for permit renewal a minimum of 60 days prior to the expiration of the existing permit. The 

terms and conditions of the permit may be subject to modification by the city during the term of 

the permit as limitations or requirements as identified in subsection (c), above, are modified, 

conditions change, or other just causeexists. The permittee shall be informed of any proposed 

changes in his permit at least 30 days prior to the effective date of change. Any changes or new 

conditions in the permit shall include a reasonable time schedule for compliance. 

(f) Transfer. Wastewater discharge permits may be transferred to a new owner or operator 

only if the permittee gives at least 60 days' advance notice to the director and the director 

approves the wastewater discharge permit transfer. The notice to the director must include a 

written certification by the new owner or operator which: 

(1) States that the new owner and/or operator has no immediate intent to change the 

facility's operations and processes; 

(2) Identifies the specific date on which the transfer is to occur; and 

(3) Acknowledges full responsibility for complying with the existing wastewater 

discharge permit. 

Failure to provide advance notice of a transfer renders the wastewater discharge permit void as 

of the date of facility transfer. 

(g) Suspension, revocation or denial. 

(1) Procedure. When director has reason to believe that any one of the conditions 

enumerated in subsection (2) below exists, he shall give written notice thereof to the 

permittee. Said notice shall set forth the time and place where the charges shall be 

heard by the director. The hearing date shall not be less then 15 days from the mailing of 

such notice by certified mail to the permittee at the address shown on the permit or at 

permittee's last known address. At the hearing, the permittee shall have an opportunity 

to refute the allegations set forth in the proposed permit revocation notice. 

If after the hearing the director finds that any one of the conditions hereinafter 

enumerated in subsection (2), below, exists, he shall have the right to suspend, revoke 

or deny the permit. 

(2) Any of the following is reason for permit suspension, revocation or denial. 

a. Failure to notify the director of significant changes to the wastewater 

prior to the changed discharge; 

b. Failure to provide prior notification to the director of changed 

conditions pursuant to section 70-97; 

c. Misrepresentation or failure to fully disclose all relevant facts in the 


2/8/2006


wastewater discharge permit application; 

d. Falsifying self-monitoring reports; 

e. Tampering with monitoring equipment; 

f. Refusing to allow the director timely access to the facility premises and 

records; 

g. Failure to meet effluent limitations; 

h. Failure to pay fines; 

i. Failure to pay sewer charges; 

j. Failure to meet compliance schedules; 

k. Failure to complete a wastewater survey or the wastewater discharge 

permit application; 

l. Failure to provide advance notice of the transfer of business ownership 

of a permitted facility; or 

m. Violation of any pretreatment standard or requirement, or any terms 

of the wastewater discharge permit or this article. 

Wastewater discharge permits shall be voidable upon cessation of operations or transfer of business 

ownership. All wastewater discharge permits issued to a particular user are void upon the issuance of a 

new wastewater discharge permit to that user. 

(Ord. No. 03-02, § 1(§ 16), 8-18-2003) 

Sec. 70-97. Reporting requirements. 

(a) Baseline monitoring reports. 

(1) Within either 180 days after the effective date of a categorical pretreatment 

standard, or the final administrative decision on a category determination under 40 CFR 

403.6(a)(4), whichever is later, existing categorical users currently discharging to or 

scheduled to discharge to the POTW shall submit to the director a report which contains 

the information listed in subsection (2), below. At least 90 days prior to commencement 

of their discharge, new sources, and sources that become categorical users subsequent 

to the promulgation of an applicable categorical standard, shall submit to the director a 

report which contains the information listed in subsection (2), below. A new source shall 

report the method of pretreatment it intends to use to meet applicable categorical 

standards. A new source also shall give estimates of its anticipated flow and quantity of 

pollutants to be discharged. 

(2) Users described above shall submit the information set forth below. 

a. Identifying information. The name and address of the facility, including the 

name of the operator and owner. 

b. Environmental permits. A list of any environmental control permits held by or 

for the facility. 

c. Description of operations. A brief description of the nature, average rate of 

production, and standard industrial classifications of the operation(s) carried out 

by such user. This description should include a schematic process diagram 

which indicates points of discharge to the POTW from the regulated processes. 

d. Flow measurement. Information showing the measured average daily and 


2/8/2006

DIVISION 2. NON-DOMESTIC (INDUSTRIAL, COMMERCIAL, INSTITUTIONA... 

Page 10 of 21 

maximum daily flow, in gallons per day, to the POTW from regulated process 

streams and other streams, as necessary, to allow use of the combined 

wastestream formula set out in 40 CFR 403.6(e). 

e. Measurement of pollutants. 

1. The categorical pretreatment standards applicable to each regulated 

process. 

2. The results of sampling and analysis identifying the nature and 

concentration, and/or mass, where required by the standard or by the 

director, of regulated pollutants in the discharge from each regulated 

process. Instantaneous, daily maximum, and long-term average 

concentrations, or mass, where required, shall be reported. The sample 

shall be representative of daily operations and shall be analyzed in 

accordance with procedures set out in section 70-94. 

3. Sampling must be performed in accordance with procedures set out in 

section 70-94. 

f. Certification. A statement, reviewed by the user's authorized representative 

and certified by a qualified professional, indicating whether pretreatment 

standards are being met on a consistent basis, and, if not, whether additional 

operation and maintenance (O&M) and/or additional pretreatment is required to 

meet the pretreatment standards and requirements. 

g. Compliance schedule. If additional pretreatment and/or O&M will be required 

to meet the pretreatment standards, the shortest schedule by which the user will 

provide such additional pretreatment and/or O&M. The completion date in this 

schedule shall not be later than the compliance date established for the 

applicable pretreatment standard. A compliance schedule pursuant to this 

section must meet the requirements set out in subsection (b). 

h. Signature and certification. All baseline monitoring reports must be signed 

and certified in accordance with section 70-93. 

(b) Compliance schedule progress reports. The following conditions shall apply to the 

compliance schedule required by subsection (a)(2)g: 

(1) The schedule shall contain progress increments in the form of dates for the 

commencement and completion of major events leading to the construction and 

operation of additional pretreatment required for the user to meet the applicable 

pretreatment standards (such events include, but are not limited to, hiring an engineer, 

completing preliminary and final plans, executing contracts for major components, 

commencing and completing construction, and beginning and conducting routine 

operation); 

(2) No increment referred to above shall exceed nine months; 

(3) The user shall submit a progress report to the director no later than 14 days 

following each date in the schedule and the final date of compliance including, as a 

minimum, whether or not it complied with the increment of progress, the reason for any 

delay, and, if appropriate, the steps being taken by the user to return to the established 

schedule; and 

(4) In no event shall more than nine months elapse between such progress reports to 

the director. 

(c) Periodic compliance reports: 

(1) All significant industrial users shall, at a frequency determined by the director but in 


2/8/2006



no case less than twice per year (in June and December), submit a report indicating the 

nature and concentration of pollutants in the discharge which are limited by pretreatment 

standards and the measured or estimated average and maximum daily flows for the 

reporting period. All periodic compliance reports must be signed and certified in 

accordance with section 70-93. 

(2) All other users who have been issued discharge permits are required to submit 

compliance reports at the intervals set forth in each user's individual permit. The 

compliance reports shall address the discharge parameters and all other information 

indicated as being necessary to report as shown in the user's permit. 

(3) All wastewater samples must be representative of the user's discharge. Wastewater 

monitoring and flow measurement facilities shall be properly operated, kept clean, and 

maintained in good working order at all times. The failure of a user to keep its monitoring 

facility in good working order shall not be grounds for the user to claim that sample 

results are unrepresentative of its discharge. 

(4) If a user subject to the reporting requirement in this section monitors any pollutant 

more frequently than required by the director, using the procedures prescribed in section 

70-94, the results of this monitoring shall be included in the report. 

(d) Reports on compliance with categorical pretreatment standard deadline. Within 90 days 

following the date for final compliance with applicable categorical pretreatment standards, or in 

the case of a new source following commencement of the introduction of wastewater into the 

POTW, any user subject to such pretreatment standards and requirements shall submit to the 

director a report containing the information described in subsection (a)(2)4--6. For users subject 

to equivalent mass or concentration limits established in accordance with the procedures in 40 

CFR 403.6(c), this report shall contain a reasonable measure of the user's long-term production 

rate. For all other users subject to categorical pretreatment standards expressed in terms of 

allowable pollutant discharge per unit of production (or other measure of operation), this report 

shall include the user's actual production during the appropriate sampling period. All compliance 

reports must be signed and certified in accordance with section 70-93. 

(e) Reports of changed conditions. Each user must notify the director of any planned 

significant changes to the user's operations or system which might alter the nature, quality, or 

volume of its wastewater at least 60 days before the change. 

(1) The director may require the user to submit such information as may be deemed 

necessary to evaluate the changed condition, including the submission of a wastewater 

discharge permit application under section 70-96. 

(2) The director may issue a wastewater discharge permit under section 70-96 or 

modify an existing wastewater discharge permit under section 70-96 in response to 

changed conditions or anticipated changed conditions. 

(3) For purposes of this requirement, significant changes include, but are not limited to, 

flow increases of 20 percent or greater, and the discharge of any previously unreported 

pollutants. 

(f) Reports of potential problem, including slug loading. 

(1) In the case of any discharge, including, but not limited to, accidental discharges, 

discharges of a nonroutine, episodic nature, a noncustomary batch discharge, or a slug 

load, that may cause potential problems for the POTW, the user shall immediately 

telephone and notify the industrial pretreatment coordinator of the incident. This 

notification shall include the location of the discharge, type of waste, concentration and 

volume, if known, and corrective actions taken by the user. 

(2) Within five days following such discharge, the user shall, unless waived by the 

director, submit a detailed written report describing the cause(s) of the discharge and the 


2/8/2006



measures to be taken by the user to prevent similar future occurrences. Such notification 

shall not relieve the user of any expense, loss, damage, or other liability which may be 

incurred as a result of damage to the POTW, natural resources, or any other damage to 

person or property; nor shall such notification relieve the user of any fines, penalties, or 

other liability which may be imposed pursuant to this article. 

(3) A notice shall be permanently posted on the user's bulletin board or other prominent 

place advising employees whom to call in the event of a discharge described in 

subsection (1), above. Employers shall ensure that all employees, who may cause such 

a discharge to occur, are advised of the emergency notification procedure. 

(g) Reports from unpermitted users. All users not required to obtain a wastewater discharge 

permit shall provide appropriate reports to the director as the director may require, in writing. 

(h) Notice of violation/repeat sampling and reporting. If sampling performed by a user 

indicates a violation, the user must notify the director within 24 hours of becoming aware of the 

violation. The user shall also repeat the sampling and analysis and submit the results of the 

repeat analysis to the director within 30 days after becoming aware of the violation. The user is 

not required to resample if the city monitors at the user's facility at least once a month, or if the 

city samples between the user's initial sampling and when the user receives the resultsof this 

sampling. 

(i) Notification of the discharge of hazardous waste. 

(1) Any user who commences the discharge of hazardous waste shall notify the POTW, 

the EPA regional waste management division director, and state hazardous waste 

authorities, in writing, of any discharge into the POTW of a substance which, if otherwise 

disposed of, would be a hazardous waste under 40 CFR Part 261. Such notification 

must include the name of the hazardous waste as set forth in 40 CFR Part 261, the EPA 

hazardous waste number, and the type of discharge (continuous, batch, or other). If the 

user discharges more than 100 kilograms of such waste per calendar month to the 

POTW, the notification also shall contain the following information to the extent such 

information is known and readily available to the user: an identification of the hazardous 

constituents contained in the wastes, an estimation of the mass and concentration of 

such constituents in the wastestream discharged during that calendar month, and an 

estimation of the mass of constituents in the wastestream expected to be discharged 

during thefollowing 12 months. All notifications must take place no later than 180 days 

after the discharge commences. Any notification under this subsection need be 

submitted only once for each hazardous waste discharged. However, notifications of 

changed conditions must be submitted under subsection (e) above. The notification 

requirement in this section does not apply to pollutants already reported by users subject 

to categorical pretreatment standards under the self-monitoring requirements of 

subsections (a), (c) and (d) above. 

(2) Dischargers are exempt from the requirements of subsection (1), above, during a 

calendar month in which they discharge no more than 15 kilograms of hazardous 

wastes, unless the wastes are acute hazardous wastes as specified in 40 CFR 261.30 

(d) and 261.33(e). Discharge of more than 15 kilograms of nonacute hazardous wastes 

in a calendar month, or of any quantity of acute hazardous wastes as specified in 40 

CFR 261.30(d) and 261.33(e), requires a one-time notification. Subsequent months 

during which the userdischarges more than such quantities of any hazardous waste do 

not require additional notification. 

(3) In the case of any new regulations under Section 3001 of RCRA identifying 

additional characteristics of hazardous waste or listing any additional substance as a 

hazardous waste, the user must notify the director, the EPA regional waste management 

waste division director, and state hazardous waste authorities of the discharge of such 

substance within 90 days of the effective date of such regulations. 


2/8/2006


(4) In the case of any notification made under this section, the user shall certify that it 

has a program in place to reduce the volume and toxicity of hazardous wastes 

generated to the degree it has determined to be economically practical. 

(5) This provision does not create a right to discharge any substance not otherwise 

permitted to be discharged by this article, a permit issued thereunder, or any applicable 

federal or state law. 

(j) All sampling and testing performed under this subsection for reporting requirements shall be 

conducted in accordance with section 70-94. 

(k) Written reports will be deemed to have been submitted on the date postmarked. For reports 

which are not mailed, postage prepaid, into a mail facility serviced by the United States Postal 

Service, the date of receipt of the report shall govern. 

(Ord. No. 03-02, § 1(§ 17), 8-18-2003) 

Sec. 70-98. Maintenance of records. 

(a) Sampling and testing records. Any permitted user subject to the reporting requirements 

established in section 70-97 shall maintain records of all information resulting from any 

monitoring activities required by section 70-96. Such records shall include for all samples: 

(1) The date, exact place, method, and time of sampling and names of the person or 

persons taking the samples; 

(2) The dates analyses were performed; 

(3) The name of the person(s) who performed the analysis; 

(4) The analytical techniques/methods used; and 

(5) The results of such analyses. 

(b) Monitoring activities and records of results. Any permitted user subject to the reporting 

requirements established in section 70-97 shall be required to retain for a minimum of three 

years any records of monitoring activities and results (whether or not such monitoring activities 

are required by this article) and shall make such records available for inspection and copying by 

the city, state, or EPA. This period of retention shall be extended during the course of any 

unresolved litigation regarding the permitted user, or when requested by the city, state, or EPA. 

(Ord. No. 03-02, § 1(§ 18), 8-18-2003) 

Sec. 70-99. Regulation of waste received from other jurisdictions. 


(a) If another municipality, or user located within another municipality, contributes wastewater 

to the POTW, the city may enter into an intergovernmental contract with the contributing 

municipality. 

(b) Prior to entering into an agreement required by subsection (a) above, the director shall 

request the following information from the contributing municipality: 

(1) A description of the quality and volume of wastewater discharged to the POTW by 

the contributing municipality; 

(2) An inventory of all users located within the contributing municipality that are 

discharging to the POTW; and 

(3) Such other information as the director may deem necessary. 


2/8/2006


(c) An intergovernmental contract, as required by subsection (a), above, shall contain the 

following conditions: 

(1) A requirement for the contributing municipality to adopt a sewer use ordinance 

which is at least as stringent as this article and local limits which are at least as stringent 

as those set out in section 70-91. The requirement shall specify that such ordinance and 

limits must be revised as necessary to reflect changes made to the city's ordinance or 

local limits; 

(2) A requirement for the contributing municipality to submit a revised user inventory on 

at least an annual basis; 

(3) A requirement for new significant industrial users discharging into sewers of a 

contributing municipality to obtain a wastewater discharge permit from the director. 

(4) In the event the contributing municipality has in place an industrial pretreatment 

program approved by EPD, a provision specifying which pretreatment implementation 

activities, including wastewater discharge permit issuance, inspection and sampling, and 

enforcement, will be conducted by the contributing municipality; which of these activities 

will be conducted by the director; and which of these activities will be conducted jointly 

by the contributing municipality and the director; 

(5) A requirement for the contributing municipality to provide the director with access to 

all information that the contributing municipality obtains as part of its pretreatment 

activities; 

(6) Limits on the nature, quality, and volume of the contributing municipality's 

wastewater at the point where it discharges to the POTW; 

(7) Requirements for monitoring the contributing municipality's discharge; 

(8) A provision ensuring the director access to the facilities of users located within the 

contributing municipality's jurisdictional boundaries for the purpose of inspection, 

sampling, and any other duties deemed necessary by the director; and 

(9) A provision specifying remedies available for breach of the terms of the 

intergovernmental contract. 

(Ord. No. 03-02, § 1(§ 19), 8-18-2003) 

Sec. 70-100. Industrial pretreatment facilities. 


(a) Requirement for. All users shall provide necessary wastewater pretreatment as required to 

comply with the limitations and provisions contained in this article and to achieve compliance 

with all federal categorical pretreatment standards within the time limitations as specified by the 

federal pretreatment regulations. Any facilities required to pretreat wastewater to a level 

acceptable to the city shall be provided, operated and maintained at the user's expense. 

Detailed plans showing the pretreatment facilities and operating procedures shall be submitted 

to the city for review and shall be acceptable to the city prior to commencement of construction 

of the facility. The review of such plans and operating procedures will in no way relieve the user 

of the responsibility for modifying the facility as necessary to produce an effluent acceptable to 

the city under the provisions of this chapter. Any subsequent changes in the pretreatment 

facilities or method of operation shall be reported to and be acceptable to the city prior tothe 

user's initiation of the changes. 

(b) Compliance schedules. The timing of construction and operation of pretreatment facilities 

as required hereby shall be in accordance with the compliance schedules provided by the city 

as described in subsection 70-97(b); however, the city shall also have the authority to issue 


2/8/2006


compliance schedules independent of the permitting process and such compliance schedules 

may be enforced by the city as provided in the enforcement and penalties section of this 

chapter. 

(c) Maintenance of pretreatment facilities. All wastewater pretreatment facilities shall be 

properly and adequately maintained by the user so as to achieve the intended purpose of the 

facilities. 

(d) Whenever deemed necessary, the director may require users to restrict their discharge 

during peak flow periods, designate that certain wastewater be discharged only into specific 

sewers, relocate and/or consolidate points of discharge, separate sewage waste streams from 

industrial waste streams, and such other conditions as may be necessary to protect the POTW 

and determine the user's compliance with the requirements of this article. 

(e) The director may require any person discharging into the POTW to install and maintain, on 

their property and at their expense, a suitable storage and flow-control facility to ensure 

equalization of flow. A wastewater discharge permit may be issued solely for flow equalization. 

(f) Users with the potential to discharge flammable substances may be required to install and 

maintain an approved combustible gas detection meter. 

(Ord. No. 03-02, § 1(§ 20), 8-18-2003) 

Sec. 70-101. Sand and oil/grease interceptors. 


(a) Requirement for. 

(1) Installation requirements for new food service facilities. All proposed or newly 

remodeled food service facilities inside the city's wastewater service area shall be 

required to install an approved, properly operated and maintained grease interceptor. All 

interceptor units shall be installed outdoors of the food service facility building unless the 

user can demonstrate to the director that an outdoor interceptor would not be feasible. 

All interceptor units shall be of the type and capacity approved by the director. 

(2) Requirements for existing food service facilities. All existing food service facilities 

inside the city's wastewater service area are expected to conduct their operations in 

such a manner that grease is captured on the user's premises and then properly 

disposed. Existing food service facilities will be handled according to conditions 

described in the city's grease management program. 

(3) All users whose wastewater stream is associated with unusually large quantities or 

grit, sand or gravel shall be required to install a sand trap. All car/truck wash systems 

shall be required to install a grit trap. Design and installation shall be approved by the 

director. 

(4) The requirements of this article section shall not apply to private living quarters or 

dwelling units. 

(b) Design criteria. 

(1) Interceptor sizing. Outdoor grease interceptors shall not have a capacity of less 

than 1,500 gallons nor exceed a capacity of 3,000 gallons. No matter what the 

calculated capacity using the following formulas, the minimum interceptor size shall be 

1,500 gallons. If the calculated capacity using one of the following formulas exceeds 

3,000 gallons, then multiple units in series shall be installed. The size of a grease 

interceptor shall be approximated by the following methods and grease interceptor size 

shall be the larger of the two results. 

a. Interceptor Capacity (gallons) = (S) x (25) x (Hr/12) 


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TABLE INSET: 

S = Number of Seats 

Hr = Maximum hours of daily operation (include preparation & clean up) 

b. Interceptor Capacity (gallons) = (Sum of fixture flows) x (20) 

Type of fixture Flow rate (gpm) 

Restaurant hand sink 15 

Pre-rinse sink 15 

Single-compartment sink 20 

Double-compartment sink 25 

Two double-compartment sinks 35 

Dishwasher up to 30 gallons 15 



Other fixture Manufacturer peak 

(2) Under-sink or in-line grease interceptor requirements shall meet plumbing and 

drainage institute standard PDI-G101: 

TABLE INSET: 

Type of fixture Flow rate (gpm) 

Restaurant hand sink 15 30 

Pre-rinse sink 15 30 

Single-compartment sink 20 40 

Double-compartment sink 25 50 

Two double-compartment sinks 

35 70 

Dishwasher up to 30 gallons 15 30 



Other fixture 

Manufacturer peak 

Grease Retention Capacity (lbs) 

gpm x 2 


Grease interceptor designs represent minimum standards for normal usage. Installations with 

heavier usage require more stringent measures for which the user is responsible and shall pay 

the costs to provide additional measures if required by the director. City reserves the right to 

evaluate interceptor sizing on an individual basis for facilities with special conditions, such as 

highly variable flows, high levels of grease discharge, or other unusual situations that are not 

adequately addressed by the formula. 

(c) Maintenance. 

(1) All grease, oil and sand interceptors or traps shall be maintained by the user at this 

expense, in continuously efficient operation at all times and as according to the city's 

grease management program. 

(2) In the maintaining of these interceptors, the owner shall be responsible for the 


2/8/2006


proper removal and disposal by appropriate means of the captured material, and shall 

maintain records of the dates, and means of disposal which are subject to review by the 

director. The frequency of removal shall be in accordance with the city's grease 

management program. 

(d) Proper disposal of collected materials. Any removal and hauling of the collected materials 

not performed by the owner's employees must be performed by currently licensed waste 

disposal firms. Under no circumstances shall the collected materials ever be returned to the 

wastewater system. 

(Ord. No. 03-02, § 1(§ 21), 8-18-2003) 

Sec. 70-102. Accidental discharges. 


(a) Protection against. Each significant industrial user shall provide protection from accidental 

discharge of prohibited materials or other substances regulated by this article. Additionally, any 

person or industry which handles hazardous wastes, any priority pollutant as shown on the EPA 

list, or any prohibited materials shall, upon the request of the city, provide proof of protection 

from accidental discharge of hazardous wastes, priority pollutants, or prohibited materials. 

Facilities to prevent accidental discharge of prohibited materials shall be provided and 

maintained at the owner's or user's own cost and expense. Detailed plans showing facilities and 

operating procedures to provide this protection shall be submitted to the city for review, and 

shall be approved by the city before construction of the facilities. All existing users shall 

complete such a plan within 90 days after the effective date of this article. Construction shall be 

completed within 180 days of approval of plans by the city. No significant industrial userwho 

commences contribution to the city wastewater system after the effective date of this article 

shall be permitted to introduce pollutants into the system until accidental discharge procedures 

and facilities (if required) have been approved by the city. Review and approval of such plans 

and operating procedures shall not relieve the user from the responsibility to modify the user's 

facility as necessary to meet the requirements of this article. 

(b) Notification required. Notification of accidental discharge shall be in accordance with 

subsection 70-97(f). 

(c) Accidental discharge/slug control plans. At least once every two years, the director shall 

evaluate whether each significant industrial user needs an accidental discharge/slug control 

plan. The director may require any user to develop, submit for approval, and implement such a 

plan. Alternatively, the director may develop such a plan for any user. An accidental 

discharge/slug control plan shall address, at a minimum, the following: 

(1) Description of discharge practices, including non-routine batch discharges; 

(2) Description of stored chemicals; 

(3) Procedures for immediately notifying the director of any accidental or slug 

discharge, as required by section 70-97 of this article; and 

(4) Procedures to prevent adverse impact from any accidental or slug discharge. Such 

procedures include, but are not limited to, inspection and maintenance of storage areas, 

handling and transfer of materials, loading and unloading operations, control of plant site 

runoff, worker training, building of containment structures or equipment, measures for 

containing toxic organic pollutants, including solvents, and/or measures and equipment 

for emergency response. 

(Ord. No. 03-02, § 1(§ 22), 8-18-2003) 


2/8/2006


Sec. 70-103. Hauled wastewater and transportation of commercial wastes. 

(a) Septic tank waste may be introduced into the POTW only at locations designated by the 

director, and at such times as are established by the director. Such waste shall not violate any 

section of this ordinance or any other requirements established b the city. The director may 

require septic tank waste haulers to obtain wastewater discharge permits. A fee for disposal of 

septic tank waste shall be charged according to a schedule recommended by the director and 

adopted by resolution of the board of commissioners, as from time to time revised. 

(b) Only transporters of commercial waste registered with the Environmental Protection 

Division of the Georgia of Natural Resources shall be authorized to remove and transport 

commercial wastes from generators within the jurisdiction of the city POTW. Before removing 

any commercial waste from a generator within the city's jurisdiction, a copy of the transporter's 

registration shall be filed with the director. The director may require generators of commercial 

waste to obtain wastewater discharge permits in accordance with section 70-96. The director 

also may prohibit or condition the disposal of hauled commercial waste, subject to all other 

requirements of this article. 

(c) Commercial waste haulers shall discharge loads only at locations designated by the 

director. No load may be discharged without prior consent of the director. The director may 

collect samples of each hauled load to ensure compliance with applicable standards. The 

director may require the industrial waste hauler to provide a waste analysis of any load prior to 

discharge. 

(d) Commercial waste haulers must provide to the director, or make available at his request, a 

waste-tracking form for every load removed from a generator within the city's jurisdiction. The 

form shall include, at a minimum, the name and address of the commercial waste hauler, permit 

number, truck identification, names and addresses of generator(s) of commercial waste, and 

volume and characteristics of commercial waste. The form shall identify the type of industry, 

known or suspected waste constituents, and whether any wastes are RCRA hazardous wastes. 

(Ord. No. 03-02, § 1(§ 23), 8-18-2003) 

Sec. 70-104. Affirmative defenses to discharge violations. 


(a) Bypass. For the purposes of this section, 

(1) Bypass means the intentional diversion of wastestreams from any portion of a 

user's treatment facility. 

(2) Severe property damage means substantial physical damage to property, damage 

to the treatment facilities which causes them to become inoperable, or substantial and 

permanent loss of natural resources which can reasonably be expected to occur in the 

absence of a bypass. Severe property damage does not mean economic loss caused by 

delays in production. 

(b) A user may allow any bypass to occur which does not cause pretreatment standards or 

requirements to be violated, but only if it also is for essential maintenance to assure efficient 

operation. These bypasses are not subject to the provision of subsections (c) and (d) of this 

section. 

(c) (1) If a user knows in advance of the need for a bypass, it shall submit prior notice to the 

director, at least ten days before the date of the bypass, if possible. 

(2) A user shall submit oral notice to the pretreatment coordinator of an unanticipated 

bypass that exceeds applicable pretreatment standards within 24 hours from the time it 

becomes aware of the bypass. A written submission shall also be provided within five 

days of the time the user becomes aware of the bypass. The written submission shall 


2/8/2006


contain a description of the bypass and its cause; the duration of the bypass, including 

exact dates and times, and, if the bypass has not been corrected, the anticipated time it 

is expected to continue; and steps taken or planned to reduce, eliminate, and prevent 

reoccurrence of the bypass. The director may waive the written report on a case-by-case 

basis if the oral report has been received within 24 hours. 

(d) Bypass is prohibited, and the director may take an enforcement action against a user for a 

bypass, unless: 

(1) Bypass was unavoidable to prevent loss of life, personal injury, or severe property 

damage; 

(2) There were no feasible alternatives to the bypass, such as the use of auxiliary 

treatment facilities, retention of untreated wastes, or maintenance during normal periods 

of equipment downtime. This condition is not satisfied if adequate back-up equipment 

should have been installed in the exercise of reasonable engineering judgment to 

prevent a bypass which occurred during normal periods of equipment downtime or 

preventive maintenance; and 

(3) The user submitted notices as required under subsection (c) above. 

(e) The director may approve an anticipated bypass, after considering its adverse effects, if the 

director determines that it will meet the three conditions listed in subsection (d) above. 

(Ord. No. 03-02, § 1(§ 24), 8-18-2003) 

Sec. 70-105. City's right of revision. 

The city reserves the right to establish, by future amendment to this article or in wastewater 

discharge permits, more stringent standards or requirements on discharges to the POTW. 

(Ord. No. 03-02, § 1(§ 25), 8-18-2003) 

Sec. 70-106. Dilution. 

No user shall ever increase the use of process water, or in any way attempt to dilute a 

discharge, as a partial or complete substitute for adequate treatment to achieve compliance with a 

discharge limitation unless expressly authorized by an applicable pretreatment standard or 

requirement. The director may impose mass limitations on users who are using dilution to meet 

applicable pretreatment standards or requirements, or in other cases when the imposition of mass 

limitations is appropriate. 

(Ord. No. 03-02, § 1(§ 26), 8-18-2003) 

Sec. 70-107. Confidential information. 


Information and data on a user obtained from reports, surveys, wastewater discharge permit 

applications, wastewater discharge permits, and monitoring programs, and from the city's inspection 

and sampling activities, shall be available to the public without restriction, unless the user specifically 

requests, and is able to demonstrate to the satisfaction of the director, that the release of such 

information would divulge information, processes, or methods of production entitled to protection as 

"trade secrets" under applicable state law. Any such request must be asserted at the time of 

submission of the information or data. To the extent allowed by law, when requested and demonstrated 

by the user furnishing a report that such information should be held confidential, the portions of a report 

which might disclose trade secrets or secret processes shall not be made available for inspection by 


2/8/2006


the public, but shall be made available immediately upon request to governmental agencies for 

uses related to the NPDES program or pretreatment program, and in enforcement proceedings 

involving the person furnishing the report. Wastewater constituents and characteristics and other 

effluent data as defined by 40 CFR 2.302 will not be recognized as confidential information and will be 

available to the public without restriction. 

(Ord. No. 03-02, § 1(§ 27), 8-18-2003) 

Sec. 70-108. Miscellaneous provisions. 

Industrial wastewater pretreatment system operators. 

Operators of industrial wastewater pretreatment systems must comply with State of 

Georgia licensing requirements. 

(Ord. No. 03-02, § 1(§ 28), 8-18-2003) 

Sec. 70-109. High strength wastewater surcharge. 


(a) Establishment of surcharge. Users discharging "high strength" wastewater into the city 

wastewater system may be assessed a monetary surcharge, in addition to the normally required 

sewer use charges, in an amount to be calculated as shown below. A "high strength" 

wastewater is defined as wastewater which contains the below shown parameters in excess of 

the below shown monthly average concentrations: 

(1) Five day, 20°C biochemical oxygen demand (BOD5) of 300 milligrams per liter 

(mg/l), not to exceed a maximum of 500 mg/l. 

(2) Chemical oxygen demand (COD) of 500 milligrams per liter (mg/l), not to exceed a 

maximum of 1,000 mg/l. 

(3) Total ammonia nitrogen (NH3+NH4) of 30 mg/l, not to exceed a maximum of 45 

mg/l. 

(4) Total phosphorus of 15 mg/l, not to exceed a maximum of 25 mg/l. 

(5) Floatable oil and grease of 100 mg/l, not to exceed a maximum of 150 mg/l. 

The above parameters shall be determined by the utilization of the sampling and testing 

procedures as provided in section 70-94. 

The amount of the surcharge, which may be charged and assessed against all users 

discharging high strength wastewater into the city wastewater system, shall reflect the cost incurred by 

the city in handling the excess oxygen demand, ammonia, total phosphorus, and floatable oil and 

grease. This surcharge shall include a proportionate share of charges for maintenance and operation of 

the wastewater treatment facilities including depreciation and other incidental expenses. 

(b) Formula. When the concentrations of the surcharged parameters shown above exceed the 

values of the constituents as set forth in subsection (a), above, the excess concentrations may 

be subject to a surcharge in the amount derived in accordance with the following formula: 

Surcharge $/month = P x G x 8.34 x C 

Where: 

"P" is the excess monthly average concentration in mg/l of the parameter (BOD5, etc.) 

being evaluated; i.e. the actual concentration less the allowable concentration listed in 

paragraph (a) would be the excess. The maximum concentration shown in paragraph (a) 

above shall not be exceeded. 


2/8/2006

"G" is equal to the user's monthly wastewater flow in millions of gallons. 

"8.34" is a conversion factor. 

"C" is equal to the unit cost in dollars per pound ($/lb) for the treatment of the surcharged 

parameters. This value shall be established by the director based on actual wastewater 

treatment costs which shall be revised from time to time as necessary. 

(c) Quantitative measurement of surchargeable parameters. The measurement of the 

surcharge parameters (BOD5, COD, ammonia, total inorganic phosphates, or floatable oil and 

grease) shall be conducted as follows: 

(1) Monitoring to determine surcharge shall be conducted by the industrial user as 

specified in the user's permit except that frequency of testing for surchargeable 

parameters shall be a minimum of two tests per month. If the permit requires more 

frequent testing, then the average of all test results will be used to calculate the 

surcharge. If the permit requires less frequent testing for compliance purposes, then 

testing frequency will be increased to twice per month. 

(2) The city may sample the user as often as desired at the city's expense. The city will 

split the sample with the industrial user at the user's request. 

(d) Billing procedure. Wastewater surcharges as provided for in this section will be included on 

the user's regular water and sewer bill or on a separate wastewater surcharge bill. 

(Ord. No. 03-02, § 1(§ 29), 8-18-2003) 

Secs. 70-110--70-120. Reserved.

DIVISION 3. ENFORCEMENT AND PENALTIES 


(a) General. The failure of any person to comply with any provision contained in this article 

shall be a violation which shall be enforced in accordance with the penalties and provisions as 

hereinafter set forth. 

(b) Inspections. The director shall have the right to direct and conduct such investigations as 

he may reasonably deem necessary to carry out his duties as described in this article. For this 

purpose, the director and his authorized employees and representatives, upon presentation of 

proper credentials, shall have the right to enter at reasonable times on any property, public or 

private, for the purpose of investigating and inspecting the conditions relating to pollution and to 

inspect the operating records of any sewage system, waste treatment work, or other sewage 

disposal method. Upon refusal of the right of entry, the director may apply to the municipal court 

for an administrative search warrant, upon showing probable cause that a violation exists. 

(c) Significant noncompliance. The term "significant noncompliance" shall mean: 

(1) Chronic violations of wastewater discharge limits, defined here as those in which 66 

percent or more of wastewater measurements taken during a six-month period exceed 

the daily maximum limit or average limit for the same pollutant parameter by any 

amount; 

(2) Technical review criteria (TRC) violations, defined here as those in which 33 

percent or more of wastewater measurements taken for each pollutant parameter during 

a six-month period equals or exceeds the product of the daily maximum limit or the 

average limit multiplied by the applicable criteria (1.4 for BOD, TSS, fats, oils and 

grease, and 1.2 for all other pollutants except pH); 

(3) Any other discharge violation that the director believes has caused, alone or in 

combination with other discharges, interference or pass through, including endangering 

the health of POTW personnel or the general public; 

(4) Any discharge of pollutants that has caused imminent endangerment to the public 

or to the environment, or has resulted in the director's exercise of its emergency 

authority to halt or prevent such a discharge; 

(5) Failure to meet, within 90 days of the scheduled date, a compliance schedule 

milestone contained in a wastewater discharge permit or enforcement order for starting 

construction, completing construction, or attaining final compliance; 

(6) Failure to provide within 30 days after the due date, any required reports, including 

baseline monitoring reports, reports on compliance with categorical pretreatment 

standard deadlines, periodic self-monitoring reports, and reports on compliance with 

compliance schedules; 

(7) Failure to accurately report noncompliance; or 

(8) Any other violation(s) which the director determines will adversely affect the 

operation or implementation of the city's pretreatment program. 

(Ord. No. 03-02, § 1(§ 41), 8-18-2003) 

Sec. 70-122. Notice of violation.

When the director finds that a user has violated, or continues to violate, any provision of this 

article, a wastewater discharge permit or consent order issued hereunder, or any other pretreatment 

standard or requirement, the director shall serve upon that user a written notice of violation. Within ten 

days of the receipt of this notice, an explanation of the violation and a plan for the satisfactory 

correction and prevention thereof, to include specific required actions, shall be submitted by the user to 

the director. Submission of this plan in no way relieves the user of liability for any violations occurring 

before or after receipt of the notice of violation. Nothing in this section shall limit the authority of the 

director to take any action, including emergency actions or any other enforcement action, without a 

notice of violation first being issued. 

(Ord. No. 03-02, § 1(§ 42), 8-18-2003) 

Sec. 70-123. Consent orders. 

The director may enter into consent orders, assurances of voluntary compliance, or other similar 

documents establishing an agreement with any user responsible for noncompliance. Such documents 

shall include specific action to be taken by the user to correct the noncompliance within a time period 

specified in the document. Such documents shall have the same force and effect as binding contracts 

under Georgia law and shall be judicially enforceable by petition for specific performance. 

(Ord. No. 03-02, § 1(§ 43), 8-18-2003) 

Sec. 70-124. Injunctive relief. 

When the director finds that a user has violated, or continues to violate, any provision of this 

article, a wastewater discharge permit, or order issued hereunder, or any other pretreatment standard 

or requirement, the director may petition the Coweta County Superior Court, through the city attorney, 

for the issuance of a temporary or permanent injunction, as appropriate, which restrains the further 

violation and/or compels the specific performance of the wastewater discharge permit, consent order, 

or otherrequirement imposed by this article on activities of the user. The director may also seek such 

other action as is appropriate for legal and/or equitable relief, including a requirement for the user to 

conduct environmental remediation. A petition for injunctive relief shall not be a bar against, or a 

prerequisite for, taking any other action against a user. 

(Ord. No. 03-02, § 1(§ 44), 8-18-2003) 

Sec. 70-125. Termination of discharge. 

Any user who violates the following conditions is subject to discharge termination: 

(1) Violation of wastewater discharge permit conditions; 

(2) Failure to accurately report the wastewater constituents and characteristics of its 

discharge; 

(3) Failure to report significant changes in operations or wastewater volume, 

constituents, and characteristics prior to discharge; 

(4) Refusal of reasonable access to the user's premises for the purpose of inspection, 

monitoring, or sampling; or 

(5) Violation of the pretreatment standards in division 2 of this article. 

Such user shall be notified, in writing, of the proposed termination of its discharge and be 

offered a reasonable opportunity to show cause before the director why the proposed action should not

e taken. The decision of the director, after notice and opportunity for hearing, shall be deemed 

a final action by the City of Senoia. Exercise of this option by the director shall not be a bar to, or a 

prerequisite for, taking any other action against the user. Aggrieved users may seek judicial review by 

petitioning the Superior Court of Coweta County for Writ of Certiorari. 

(Ord. No. 03-02, § 1(§ 45), 8-18-2003) 

Sec. 70-126. Emergency suspensions. 

The director may immediately suspend a user's discharge, after oral notice to the user, 

whenever, in the director's sole discretion, such suspension is necessary to stop an actual or 

threatened discharge which reasonably appears to present or cause an imminent or substantial 

endangerment to the health or welfare of persons. The director may also immediately suspend a user's 

discharge that threatens to interfere with the operation of the POTW, or which presents, or may 

present, an endangerment to the environment. 

(1) Any user notified of a suspension of its discharge shall immediately stop or 

eliminate its contribution. In the event of a user's failure to immediately comply 

voluntarily with the suspension order, the director may take such steps as deemed 

necessary, including immediate severance of the sewer connection, to prevent or 

minimize damage to the POTW, its receiving stream, or endangerment to any 

individuals. The director may allow the user to recommence its discharge when the user 

has demonstrated to the satisfaction of the director that the period of endangerment has 

passed, unless the termination proceedings in section 70-125 are initiated against the 

user. 

(2) A user that is responsible, in whole or in part, for any discharge presenting imminent 

endangerment shall submit a detailed written statement, describing the causes of the 

harmful contribution and the measures taken to prevent any future occurrence, to the 

director prior to the date of a termination hearing under section 70-125. 

Nothing in this section shall be interpreted as requiring a hearing prior to any emergency 

suspension under this section. 

(Ord. No. 03-02, § 1(§ 46), 8-18-2003) 

Sec. 70-127. Civil liability. 

(a) A user who has violated, or continues to violate, any provision of this ordinance, a 

wastewater discharge permit or consent order issued hereunder, or any other pretreatment 

standard or requirement shall be liable to the city for a maximum penalty of $1,000.00 per 

violation, per day. In the case of a monthly or other long-term average discharge limit, penalties 

shall accrue for each day during the period of the violation, but shall not exceed $25,000.00 

cumulatively. The director shall cause a citation to be issued to the violator to appear before the 

municipal court of the city to show cause why such penalty should not be imposed. 

(b) In addition to any monetary fine imposed, the director may seek restitution of reasonable 

attorneys' fees, court costs, and other expenses associated with enforcement activities, 

including sampling and monitoring expenses, and the cost of any actual damages incurred by 

the city. 

(c) In determining the amount of penalty to be imposed, the court shall take into account all 

relevant circumstances, including, but not limited to, the extent of harm caused by the violation, 

the magnitude and duration of the violation, any economic benefit gained through the user's 

violation, corrective actions voluntarily undertaken by the user, the compliance history of the 

user, and any other factor as justice requires.

(d) In lieu of the provisions of subsections (a) through (c) above, the director may, in his sole 

discretion, elect to file a complaint for civil liability in the State Court of Coweta County, in 

accordance with O.C.G.A. § 12-5-51. In those cases where the violator has been cited to 

municipal court and refuses to waive the right to trial by jury, the municipal court may bind the 

case over to the state or superior court under this section. 

(e) Conviction in the municipal court under this section shall not be a bar against, or a 

prerequisite for, taking any other action against a user. 

(Ord. No. 03-02, § 1(§ 47), 8-18-2003) 

Sec. 70-128. Criminal prosecution. 

(a) A user who willfully or knowingly violates any provision of this article, a wastewater 

discharge permit, or consent order issued hereunder, or any order of the municipal court issued 

under section 70-127, shall, upon conviction, be guilty of a misdemeanor. The director shall 

apply for a state warrant for violation of O.C.G.A. § 12-5-53(a), returnable to the State Court of 

Coweta County. 

(b) The director shall seek the issuance of state warrants for any person violating any of the 

provisions set forth in O.C.G.A. § 12-5-53 (b) through (d), returnable to the appropriate state 

courts of criminal jurisdiction. 

(Ord. No. 03-02, § 1(§ 48), 8-18-2003) 

Sec. 70-129. Remedies non-exclusive. 

The remedies provided for in this article are not exclusive. The director may take any, all, or any 

combination of these actions against a noncompliant user. Enforcement of pretreatment violations will 

generally be in accordance with the city's enforcement response plan. However, the director may take 

other action against any user when the circumstances warrant. Further, the director is empowered to 

take more than one enforcement action against any noncompliant user. 

(Ord. No. 03-02, § 1(§ 49), 8-18-2003) 

Sec. 70-130. Publication of users in significant noncompliance. 

The director shall publish annually, in the largest daily newspaper published in the municipality 

where the POTW is located, a list of the users which, during the previous 12 months, were in significant 

noncompliance with applicable pretreatment standards and requirements as defined in section 70-121. 

(Ord. No. 03-02, § 1(§ 50), 8-18-2003) 

Sec. 70-131. Notification delivery of enforcement actions. 

Written notice personally delivered or placed in the U.S. mail by certified mail to the person's 

last known address, as shown in city utility billing records, shall be deemed sufficient notice for all 

enforcement actions in this article. Such notice(s) may be personally served on the user or any 

authorized representative of the user. With respect to ordinance violations regarding nonpayment of 

amounts due under this article, only notice mailed to the person's last known address, by regular U.S. 

mail, of theamount owed and the date upon which payment is due shall be required. 

(Ord. No. 03-02, § 1(§ 51), 8-18-2003)


Chapter 74 ZONING* 

__________ 

*Cross references: Alcoholic beverages, ch. 6; animals, ch. 10; buildings and building regulations, 

ch. 14; businesses, ch. 18; cable communications, ch. 22; utilities, ch. 70. 

State constitution references: Local planning and zoning, art. IX, § II, para. IV. 

State law references: Restriction of adult bookstores and movie houses to certain areas, O.C.G.A. § 

36-60-3; zoning procedures, O.C.G.A. § 36-66-1 et seq.; conflict of interest in zoning actions, O.C.G.A. 

§ 36-67A-1 et seq.; zoning of condominiums, O.C.G.A. § 44-3-114; zoning of timeshare interval form of 

ownership, O.C.G.A. § 44-3-164; duration of covenants running with land, O.C.G.A. § 44-5-60; historic 

preservation, O.C.G.A. § 44-10-1 et seq. 

__________ 

Sec. 74-1. Zoning ordinance, amendments incorporated by reference. 

Sec. 74-1. Zoning ordinance, amendments incorporated by reference. 

The zoning ordinance of the city, adopted August 9, 1989, as amended, is hereby incorporated 

by reference in this chapter and copies thereof shall be maintained in the office of the city clerk for 

public inspection. Amendments to the zoning ordinance of the city may be adopted by ordinance and 

shall thereby be incorporated by reference in this chapter and the amendments shall be available to the 

public in the same manner as the original regulations. 

(Code 1980, § 6-3-1)

CODE COMPARATIVE TABLE 1980 CODE 

This table gives the location within this Code of those sections of the 1980 Code, which are included 

herein. Sections of the 1980 Code not listed herein have been omitted as repealed, superseded, 

obsolete or not of a general and permanent nature. For the location of ordinances adopted subsequent 

thereto, see the table immediately following this table. 

TABLE INSET: 

1980 Code 

Section 

Section this Code 

1-1-1--1-1-6 1-1--1-6 

1-1-7 1-9 

2-1-1 2-26 

2-1-11--2-1-17 2-36--2-42 

2-2-1--2-2-7 26-1--26-7 

2-4-1--2-4-3 2-1--2-3 

2-5-1--2-5-3 2-66--2-68 

2-5-11--2-5-13 62-26--62-28 

2-6-1--2-6-3 50-1--50-3 

3-1-1--3-1-3 42-26--42-28 

3-3-6 10-4 

3-3-7 10-3 

4-1-1--4-1-5 58-51--58-55 

4-1-6, 4-1-7 58-1, 58-2 

4-2-1--4-2-7 54-1--54-7 

5-1-1, 5-1-2 70-31, 70-32 

5-1-3 70-26 

70-36 

5-1-4 70-27 

5-1-5, 5-1-6 70-40, 70-41 

6-3-1 74-1 

7-3-1--7-3-19 22-1--22-19 

7-3-20--7-3-22 22-21--22-23 

7-4-1 58-3 

8-1-1--8-1-5 66-1--66-5 

8-2-1 66-31 

8-2-2 66-56 

8-2-3--8-2-5 66-32--66-34 

8-3-1, 8-3-2 66-81, 66-82 

8-3-4, 8-3-5 66-83, 66-84 

9-1-1 46-1 

9-1-2 6-6

9-1-3 30-26, 30-27 

9-1-4, 9-1-5 46-2, 46-3 

9-1-6 46-5 

9-1-7 34-1 

9-1-8 70-76 

9-1-9 46-7 

9-1-10 66-6 

9-1-11 46-8 

9-2-1--9-2-4 30-51--30-54 

9-3-1 46-4 

9-3-2, 9-3-3 10-1, 10-2 

9-3-11, 9-3-12 10-32, 10-33

CODE COMPARATIVE TABLE ORDINANCES 

This table gives the location within this Code of those ordinances adopted since the 1980 Code which 

are included herein. Ordinances adopted prior to such date were incorporated into the 1980 Code. 

Ordinances adopted since the 1980 Code, and not listed herein, have been omitted as repealed, 

superseded or not of a general and permanent nature. 

TABLE INSET: 

Ordinance 

Number 

Date Section 

Section 

this Code 

10- 6-80(Ord.) 2 70-26 

3--5 70-28--70-30 

6, 7 70-33, 70-34 

8 70-37 

9 70-35 

10, 11 70-38, 70-39 

6- 7-82(1)(Ord.) 38-2 

12- 6-83(1)(Ord.) 1, 2 18-116, 18-117 

2- 4-85(Ord.) 9-1-12 42-1 

9-1-13 46-9, 46-10 

9-1-14 42-2 

5- 7-85(Ord.) 9-1-15 46-6 

6- 4-85(Ord.) 1 14-1 

7- 9-85(Ord.) 14-1 

8- 1-88(Ord.) I--III 70-51--70-53 

1- 1-90(Ord.) 2-6-1 50-1 

3- 5-90(Ord.) 10.1 6-26 

10.2--10.5 6-46--6-49 

10.7--10.11 6-50--6-54 

10.12 6-27 

10.13 6-55 

10.14 6-28 

10.15 6-3, 6-4 

10.16--10.19 6-29--6-32 

10.20 6-35 

10.21 6-1 

10.21.1 6-2 

10.22 6-4 

10.23 6-33 

10.24 6-5 

10.25 6-36 

10.26 6-34

11- 4-91(Ord.) A--C 46-31--46-33 

4- 6-92(Ord.) 6-55 

7- 6-92(Ord.) 70-86 

70-88--70-91 

9- 7-93(Res.) 3 22-20 

4- 4-94(Ord.) 66-57 

6- 6-94(Ord.) 1--3 10-26--10-28 

4, 5 10-30, 10-31 

6 10-29 

7- 5-94(Ord.) 2-2-4 26-4 

9- 6-94(Ord.) 2-2-4--2-2-8 26-4--26-8 

9- 6-94(Res.) 58-26 

4-1-9--4-1-11 58-27--58-29 

2-5-30 12- 5-94 1--7 18-86--18-92 

1- 2-95(Ord.) 19-36--19-52 18-26--18-42 

19-53 18-64 

19-54--19-71 18-43--18-60 

19-73 18-61 

app. A, app. B 18-62, 18-63 

1- 3-95(Ord.) 9-2-6 38-1 

2- 6-95(Ord.) 36-1 

8- 7-95(1)(Ord.) 1--6 Adopting Ordinance, p. ix 

8- 7-95(2)(Ord.) 1--14 52-1--52-14 

9- 5-95(Ord.) 2-26 

3- 4-96(Ord.) 2-36 

2-38(a) 

3-20-96(Ord.) Added 46-4(5) 

4-17-96(Ord.) 70-26 

11- 4-96(1) 54-1--54-10 

11- 4-96(2) Added 58-4 

797-077S 8-20-97 66-57 

9- 2-97 26-2--26-4 

9- 2-97 1--3 46-11--46-13 

10-15-97(1) Added 6-7, 10-5 

10-15-97(2) policies 

I, II Added 

policies 

50-1--50-8, 

50-21--50-40 

IV--XV Added 50-71--50-75, 

50-91--50-93, 

50-111, 50-112, 

50-131, 50-132,

policy XVI Added 

50-151--50-156, 

50-171--50-177, 

50-191--50-192, 

50-211--50-216, 

50-231--50-235, 

50-251--50-260, 

50-271--50-274, 

50-291--50-293 

50-9 

policy XVII Added 

policy XVIII 

50-10 

Added 50-11 

policy XIX Added 50-12, 

50-311--50-313 

3-16-98 2-26 

4- 6-98 2--4 2-68 

6-15-98 Added 18-201--18-207 

9-21-98 Added 38-3 

12- 7-98 Added 6-37 

R-99-04 3-15-99 50-34, 50-254 

00-07.5 10- 2-2000 Added 70-77 

01-07 11-26-2001 1 18-86 

2 18-87 

3--5 18-89--18-91 

02-10 3-18-2002 1 Added 14-1--14-12 

00-08 11- 6-2002 38-2 

03-02 8-18-2003 1 Dltd 70-76--70-91 

Added 70-76--70-131 

03-04 12- 1-2003 2 Added 14-31--14-36 

05-11 7-18-2005 1 Dltd 6-1--6-55 

Added 6-1--6-120

CODE OF ORDINANCES City of SENOIA, GEORGIA Codified ...

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