CODE OF ORDINANCES
Sec. 1-1. How Code designated and cited.
Sec. 1-2. Specific rules of construction.
Sec. 1-3. Statutory rules of construction.
Sec. 1-4. Catchlines of sections.
Sec. 1-5. Effective date of ordinances and resolutions.
Sec. 1-6. Amendments; new provisions.
Sec. 1-7. Effect of repeal of ordinances and resolutions.
Sec. 1-8. Violations.
Sec. 1-8.5. Additional penalties for jail construction and staffing.
Sec. 1-9. Prosecution upon citation or accusation– Required.
Sec. 1-10. Same– Procedure.
Sec. 1-10.1. Acceptance of credit card payments.
Sec. 1-11. Provisions not affected by Code.
Sec. 1-12. Severability.
Sec. 1-13. Applicability of Code.
Chapter 1 Sec. 1-1. How Code designated and cited.
The ordinances, resolutions and other enactments embraced in this and the following chapters and sections shall constitute and be designated as the "Code of Ordinances, Whitfield County, Georgia," and may be so cited.
State law references: Duty to codify ordinances, O.C.G.A. § 36-80-19.
Sec. 1-2. Specific rules of construction.
In the construction of this Code the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the board of commissioners:
Commission. The terms "commission," "county commission," "board of commissioners," "governing authority," and "governing body," shall mean the Board of Commissioners of Whitfield County, Georgia.
Computation of time. Except as otherwise provided by time period computations specifically applying to other laws, when a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty. When the last day prescribed for such action falls on a public and legal holiday as set forth in Official Code of Georgia Annotated, section 1-1-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation.
County. The words "the county" or "this county" shall mean Whitfield County, Georgia, unless otherwise indicated.
Delegation of authority. Whenever a provision appears requiring the head of a department of the county to do some act, it is to be construed to authorize the head of the department to designate, delegate and authorize subordinates to perform the required act unless the terms of the provision or section designate otherwise.
General. In the interpretation and application of any provision of this Code, it shall be held to be the minimum requirement adopted for the promotion of the public health, safety, convenience and general welfare. Where any provision of the 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.
Gender. The one gender includes the other genders.
Joint authority. A joint authority given to three or more persons may be executed by a majority of them.
Keeper, proprietor. The words "keeper" and "proprietor" shall include persons, firms, associations, corporations, receivers, trustees, personal representatives, clubs and partnerships, whether acting by themselves or through a servant, agent or employee.
Month. The word "month" shall mean a calendar month.
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 such others as may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
Number. The singular or plural number each includes the other.
Oath. The word "oath" shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be equivalent to the words "affirm" and "affirmed."
Officers, departments. Whenever titles of various officers, departments or other agencies are used, they shall refer to the persons holding such offices, departments or agencies of Whitfield County, Georgia, and shall include their duly authorized subordinates and representatives.
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 or tenant in partnership of the whole or of a part of such building or land.
Person. The word "person" shall extend and be applied to associations, clubs, societies, firms, partnerships and bodies politic and corporate as well as to individuals.
Personal property. The term "personal property" shall include every species of property except real property, as herein defined.
Preceding, following. The words "preceding" and "following" shall mean next before and next after, respectively.
Premises. Whenever the word "premises" is used it shall mean place or places.
Property. The word "property" shall include real and personal property.
Public place. The term "public place" shall mean any park, cemetery, school yard or open space adjacent thereto, or any area available and/or accessible to the public, regardless of whether privately or publicly owned.
Real property. The term "real property" shall include lands, tenements and hereditaments.
Residence. The term "residence" shall be construed to mean the place adopted by a person as such person's place of habitation, and to which, whenever such person is absent, such person has the intention of returning. When a person eats at one place and sleeps at another, the place where such person sleeps shall be deemed such person's residence.
Seal. The word "seal" shall mean the county seal.
Shall, may. The word "shall" is mandatory; the word "may" is permissive.
Sidewalk. The word "sidewalk" shall mean any portion of a street or road between the curbline and the adjacent property line, intended for the use of pedestrians.
Signature, subscription. The "signature" or "subscription" of a person shall include a mark of an illiterate or infirm person.
State. The words "the state" or "this state" shall mean the State of Georgia.
Street or road. The word "street" or "road" shall mean 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, occupant. The word "tenant" or "occupant," applied to a building or land, shall include any person holding a written or oral lease or who occupies the whole or a part of such building or land, either alone or with others.
Tense. The present or past tense includes the future.
Week. The word "week" shall mean seven days.
Written, in writing. The term "written" or "in writing" shall include any representation of words, letters or figures, whether by printing or otherwise.
Year. The word "year" shall mean a calendar year.
(Code 1979, § 10-1-2)
State law references: General rules of statutory construction, O.C.G.A. § 1-3-1 et seq.
Sec. 1-3. Statutory rules of construction.
Except as otherwise provided in this Code, the same rules shall be applied in construing provisions of this Code, and ordinances, resolutions and motions of the board of commissioners as are applied in construing of statutes of this state, which rules are found in Official Code of Georgia Annotated, sections 1-3-1 through 1-3-3, and the same meanings are to be given words appearing in this Code as are given similar words found in the statutes of this state.
Sec. 1-4. Catchlines of sections.
The catchlines of the several sections of this Code printed in boldface type are intended as mere catchwords to indicate the contents of the section and shall not be deemed to be titles of such 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.
Sec. 1-5. Effective date of ordinances and resolutions.
Ordinances and resolutions which do not provide for their taking effect at a different time, shall take effect immediately after their passage, or as otherwise provided by law.
Sec. 1-6. Amendments; new provisions.
(a) All ordinances and resolutions 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. In the case of repealed chapters, sections and subsections or any part thereof, by subsequent ordinances and resolutions, such repealed portions may be excluded from the Code by omission from reprinted pages affected thereby.
(b) Amendments to any of the provisions of this Code may be made by amending such provisions by specific reference to the section number of this Code in the following language: "That section ________ of the Code of Ordinances, Whitfield County, Georgia, is hereby amended to read as follows: . . . ." The new provisions may then be set out in full as desired.
(c) In the event a new section not heretofore existing in the Code is to be added, the following language may be used: "That the Code of Ordinances, Whitfield County, Georgia, is hereby amended by adding a section (or article or chapter) to be numbered ________, which section reads as follows: . . . ." The new section may then be set out in full as desired.
(d) All subsections, articles or chapters desired to be repealed should be specifically repealed by subsection, section, article or chapter number, as the case may be.
Sec. 1-7. Effect of repeal of ordinances and resolutions.
(a) The repeal of an ordinance or resolution shall not revive any ordinance or resolution in force before or at the time the ordinance or resolution repealed took effect.
(b) The repeal of an ordinance or resolution shall not affect any punishment or penalty incurred before the repeal 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 or resolution repealed, nor any right acquired or liability incurred under any ordinance or resolution repealed.
(Code 1979, § 10-1-4)
Sec. 1-8. Violations.
(a) Whenever in this Code any act is prohibited or is made or declared to be unlawful or an offense, or whenever herein the doing of any act is required or the failure to any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of such provision shall be punishable by fine of not more than $1,000.00, or imprisonment for not more than 60 days, or both, pursuant to O.C.G.A. § 36-1-20.
(b) Each day any violation of this Code shall continue shall constitute a separate offense.
(c) In addition to the penalties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this Code or any ordinance or resolution shall be deemed a public nuisance and may be abated by the county as provided by law, and each day that such condition continues shall be regarded as a new and separate offense.
(Code 1979, § 10-1-8; Ord. of 9-9-97)
State law references: Penalty for ordinance violations, O.C.G.A. § 36-1-20 et seq.; nuisances, O.C.G.A. § 41-1-1 et seq.
Sec. 1-8.5. Additional penalties for jail construction and staffing.
(a) In every case in which any court in this county, including any court of a municipality which has entered into the intergovernmental contract as provided for herein, shall impose a fine, which shall be construed to include costs, for any offense against a criminal or traffic law of this state or any offense against a county or municipal ordinance, there shall be imposed as an additional penalty a sum equal to ten percent of the original fine.
(b) At the time of posting bail or bond in any case involving a violation of a criminal or traffic law of this state or a violation of a county or municipal ordinance, an additional sum equal to ten percent of the original amount of bail or bond shall be posted. In every case in which any court of this county, including any court of a municipality which has entered into the intergovernmental contract as provided for herein, shall order the forfeiture of bail or bond, the additional sum equal to ten percent of the original bail or bond shall be collected.
(c) The additional penalties set forth above shall be in addition to that amount required by O.C.G.A. § 47-17-60 to be paid into the Peace Officers' Annuity and Benefit Fund, by O.C.G.A. § 47-11-51 to be paid into the Judges of the Probate Courts Retirement Fund of Georgia, or by any other provision of law.
(d) The additional penalties as herein prescribed shall be assessed and collected by the clerk or court officer charged with the duty of collecting moneys arising from fines and forfeited bonds. Such additional penalties shall be paid over to the board of commissioners by the tenth day of the month following the month in which these sums are collected.
(e) All such sums collected and paid over to the board of county commissioners shall be deposited into a special account which shall be known as the county jail fund.
(f) All moneys collected pursuant to this section and placed in the county jail fund shall be expended solely and exclusively for constructing, operating, and staffing the county correctional facilities, or for such other purposes as specified in O.C.G.A. § 15-21-95.
(g) The additional penalties provided for by this section shall not be imposed or collected in any court operated by any municipality located in the county unless the municipality and the county enter into an intergovernmental contract providing for use of the county jail, correctional institution, or detention facility by municipal prisoners.
(h) The levying of the additional penalties as provided by this section shall be effective as of January 1, 1990.
(Res. of 12-12-89)
Editor's note: Inclusion of the provisions of a resolution adopted Dec. 12, 1989, as § 1-8.5 was at the discretion of the editor, the resolution being nonamendatory of the Code.
State law references: Jail Construction and Staffing Act, O.C.G.A. § 15-21-90 et seq.
Sec. 1-9. Prosecution upon citation or accusation– Required.
(a) Prosecutions for violations of county ordinances shall be in the Magistrate Court of Whitfield County, upon citation as provided in section 1-10 or upon accusation by the county attorney or such other attorney as the county governing authority may designate; and such attorney shall be the prosecuting attorney in cases tried upon accusation.
(b) Accusations of violations of county ordinances and citations shall be personally served upon the person accused. Each accusation shall state the time and place at which the accused is to appear for trial. The accused shall not be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct; but any defendant who fails to appear for trial shall thereafter be arrested on the warrant of the magistrate and required to post a bond for defendant's future appearance.
State law references: Similar provisions, O.C.G.A. § 15-10-62.
Sec. 1-10. Same– Procedure.
(a) Ordinance violations may be tried in the Magistrate Court of Whitfield County, upon citations with or without a prosecuting attorney as well as upon accusations.
(b) Each citation shall state the time and place at which the accused is to appear for trial, shall identify the offense with which the accused is charged, shall have an identifying number by which it shall be filed with the court, shall indicate the identity of the accused and the date of service, and shall be signed by the county agent who completes and serves it.
(c) Prosecutions for violations of county ordinances upon citations shall be commenced by the completion, signing, and service of a citation by any agent of the county who is authorized by the county governing authority to issue citations. The original of the citation shall be personally served upon the accused, and a copy shall promptly be filed with the court.
(d) No person shall be arrested prior to the time of trial, except for the offenses of public drunkenness or disorderly conduct; but any defendant who fails to appear for trial shall be arrested thereafter on the warrant of the magistrate and required to post a bond for such defendant's future appearance.
(e) The county agent referred to in subsections (b) and (c) of this section includes the county sheriff. As an agent of the county for the purposes of issuing citations, the sheriff may delegate such authority to his duly authorized deputies.
(Ord. of 4-19-88)
State law references: Authority to so provide, O.C.G.A. § 15-10-63.
Sec. 1-10.1. Acceptance of credit card payments.
In accord with O.C.G.A. § 50-1-6, that the Whitfield County Board of Commissioners does hereby consent, in the discretion of the probate judge, to the use of credit card payments for all amounts any person may be required to pay to the Whitfield County Probate Court. As set forth in O.C.G.A. § 50-1-6(e) the probate court, in the discretion of the probate judge, may impose a surcharge upon such payment so as to offset, wholly or partially, the amount of any discount or administrative fee charged to the local government by the applicable credit card company.
(Res. of 3-8-04)
Sec. 1-11. Provisions not affected by Code.
Nothing in this Code or the ordinance adopting this Code shall be construed to repeal or otherwise affect the validity of any of the following:
(1) Any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this Code.
(2) Any ordinance, resolution, motion or order promising or guaranteeing the payment of money for the county or authorizing the issuance of any bonds of the county or any evidence of the county's indebtedness.
(3) Any contract or obligation assumed by the county.
(4) Any right or franchise granted by the county.
(5) Any ordinance, resolution, motion or order relating to specific public improvements or assessments therefor.
(6) Any ordinance, resolution, motion or order providing or the levy or collection of taxes or for an annual budget or appropriations.
(7) Any ordinance, resolution, motion or order pertaining to zoning.
(8) Any ordinance, resolution, motion or order relating to the investment of county funds.
(9) Any ordinance, resolution, motion, order, rule or regulation prescribing regulations, compensation, positions, classification, and other matters pertaining to county officers or employees, not inconsistent herewith.
(10) Any ordinance, resolution, motion or order dedicating or accepting any plat or subdivision in the county.
(11) Any ordinance, resolution, motion or order naming, renaming, opening, closing, prescribing grades, etc., of streets, roads, bridges and other public ways.
(12) Any ordinance, resolution, motion or order establishing utility connection charges, deposits, service charges or other charges not inconsistent with this Code.
(13) Any ordinance, resolution, motion or order creating, establishing, prescribing or abolishing housing authorities, urban renewal projects and minimum housing standards.
(14) Any ordinance, resolution, motion or order not inconsistent with this Code prescribing or providing traffic regulations at specific places, such as speed limits, through streets, stop intersections, yield intersections, one-way travel, no left turns, no right turns, traffic-control by electrical devices, truck routes, loading zones, no parking zones and limited parking zones; this enumeration is not to be by way of exclusion.
(15) Any ordinance, resolution, motion or order pertaining to or providing for zoning or subdivision regulations, or airport hazard districts, not in conflict with this Code; or accepting any plat.
(16) Any ordinance, resolution, motion or order enacted after June 9, 1987.
All such ordinances, resolutions, etc., are hereby recognized as continuing in full force and effect to the same extent as if set out at length herein.
Cross references: Zoning, app. A.
Sec. 1-12. Severability.
The sections, paragraphs, sentences, clauses and phrases of this Code, and of codes or other provisions adopted by reference herein, are severable, and if any such phrase, clause, sentence, paragraph or section shall be declared invalid by the valid judgment or decree of any court of competent jurisdiction, such invalidity shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Code and provisions adopted by reference, since the same would have been enacted by the board of commissioners without the incorporation therein of any such invalid phrase, clause, sentence, paragraph or section.
Sec. 1-13. Applicability of Code.
The provisions of this Code, unless otherwise clearly specified, shall apply only to the unincorporated areas of the county.
(Code 1979, § 10-1-9)
GENERAL PROVISIONS