CODE OF ORDINANCES CITY OF MOULTRIE, GEORGIA

____________

THE CHARTER
 
and
 
GENERAL ORDINANCES OF THE CITY

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Published by Order of the Mayor and Council

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OFFICIALS

of the

CITY OF MOULTRIE, GEORGIA,

AT THE TIME OF THIS CODIFICATION

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William M. McIntosh

Mayor

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Susie Magwood-Thomas

Lisa Clarke Hill

Cecil Barber

Angela Castellow

Daniel L. Dunn

Wilma Hadley

Councilmembers

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Michael R. Scott

City Manager

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Ella Fast

City Clerk

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David Herndon

Municipal Court Judge

____________

Mickey Waller

City Attorney

CURRENT OFFICIALS

of the

CITY OF MOULTRIE, GEORGIA

____________

William M. McIntosh

Mayor

____________

Cornelius Ponder III

Lisa Clarke Hill

Cecil Barber

Angela Castellow

Daniel L. Dunn

Wilma Hadley

Councilmembers

____________

Peter F Dillard

City Manager

____________

Tina Coleman

City Clerk

____________

David Herndon

Municipal Court Judge

____________

Mickey Waller

City Attorney

PREFACE

Part I of this volume contains the Charter and Related Laws of the City of Moultrie, Georgia, as amended, and a comparative table setting forth in chronological sequence the disposition of each act amending or relating to the Charter of the City, whether or not included in this publication. Part II contains a revision and codification of the ordinances, resolutions and motions of a general and permanent nature of the City of Moultrie, which were deemed appropriate to be included.

Part II is an entire new codification, and, as expressed in the Adopting Ordinance, supersedes all ordinances not included herein or expressly saved from repeal by the Adopting Ordinance. Only those ordinances, resolutions or motions of a general and permanent nature prescribed for and affecting the public as a whole are included herein. Special ordinances, resolutions or motions dealing with only a portion of the inhabitants of the City, rather than all of them, or relating to special purposes, such as those levying special assessments, providing for bond issues, paving, vacating and opening specified streets, rezoning certain designated districts, etc., are not included herein. For a more specific enumeration of the type of ordinances which are not included herein see Section 3 of the Adopting Ordinance.

The material in Part II, Code, has been classified as to subject matter. As will be noted, the chapters have been arranged conveniently in alphabetical order and the various sections within each chapter have been appropriately catchlined to facilitate usage. Attention is also invited to the footnotes which tie related sections of the Code together and which also refer to relevant provisions of general state law.

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 in the same manner. If the new material is to be included between chapters 12 and 13, it will be designated as chapter 12.5 or new chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.

Page Numbering System

The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:

CHARTER	CHT:1
CHARTER COMPARATIVE TABLES	CHTCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
STATE LAW REFERENCE TABLE	SLT:1
CHARTER INDEX	CHTi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.

Looseleaf Supplements

A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

ORDINANCE NO. 832

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE OF ORDINANCES OF THE CITY OF MOULTRIE., GEORGIA; ESTABLISHING THE SAME; PROVIDING 'FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OF ORDINANCES; PROVIDING A PENALTY FOR THE VIOLATION THEREOF; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF MOULTRIE, GEORGIA:

Section 1. That the Code of Ordinances, consisting of Chapters 1 to 122, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Moultrie, Georgia," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all other general and permanent ordinances of the City passed on or before April 20, 1999, to the extent provided in Section 2 hereof.

Section 2. All ordinances of a general and permanent nature of the City of Moultrie, enacted on final passage on or before April 20, 1999, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after such date except as hereinafter provided. No resolution of the City, not specifically mentioned, is hereby repealed.

Section 3. The repeal provided for in Section 2 hereof shall not affect the following:

(a)

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 ordinance;

(b)

Any ordinance promising or guaranteeing the payment of money for the City or authorizing the issuance of any bonds for the City or any evidence of the City's indebtedness, or any contract or obligation assumed by the City;

(c)

Any administrative ordinance of the City not in conflict or inconsistent with the provisions of such Code;

(d)

Any ordinance fixing salaries of officers or employees of the City;

(e)

Any appropriation ordinance;

(f)

Any right or franchise granted by the Mayor and Council to any person, firm or corporation;

(g)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, closing, paving, widening, vacating, etc., any street or public way in the city;

(h)

Any ordinance establishing and prescribing the street grades of any street in the City;

(i)

Any ordinance providing for local improvements or assessing taxes therefor;

(j)

Any ordinance dedicating or accepting any plat or subdivision in the City or providing regulations for the same;

(k)

Any ordinance annexing property to the City

(1)

Any ordinance regulating zoning in the City;

(m)

Any ordinance regulating the erection, alteration, repair, demolition, moving or removal of buildings or other structures;

(n)

Any ordinance prescribing traffic regulations for specific locations, prescribing through streets, parking limitations, parking prohibitions, one-way traffic, or limitations on loads of vehicles or loading zones, not inconsistent with such Code;

(o)

Any ordinance fixing utility rates and charges;

(p)

Any ordinance enacted alter April 20, 1999.

Nor shall such repeal be construed to revive any ordinance or part of an ordinance which has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section 4. That whenever in such Code an act is prohibited or made or declared to be unlawful or an offense or a misdemeanor by mayor and council, or whenever in such Code the doing of any act is required or the failure to do any act is declared to be unlawful by the mayor and council, and no specific penalty is provided therefor, the violation of any such provisions of such Code shall be punished by a fine of not more than one thousand dollars ($1,000.00), or for imprisonment for a term not exceeding one hundred (100) days, or both of these punishments, or by sentence to work on the public works not exceeding one hundred (100) days, as provided in Section 1-9 of such Code.

Section 5. That any and all additions or amendments to such Code when passed in such form as to indicate the intention of the mayor and council to make the same a part of thereof shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of Moultrie, Georgia," shall be understood and intended to include such additions and amendments.

Section 6. That in case of the amendment by the mayor and council of any section of such Code for which a penalty is not provided, the general penalty as provided in Section 4 of this ordinance and Section 1-9 of such Code shall apply to the section as amended; or in case such amendment contains provisions for which a penalty, other than the aforementioned general penalty is provided in another section in the same chapter, the penalty so provided in such other section shall be held to relate to the section so amended, unless such penalty is specifically repealed therein.

Section 7. That a copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. It shall be the express duty of the City Clerk, or someone authorized by him, to insert in their designated places all amendments, ordinances, resolutions or motions which indicate the intention of the mayor and council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be repealed from time to time by the mayor and council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8. That it shall be unlawful for any person to change or alter by additions or deletions, any part or portion of such Code, or to insert or delete pages or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Moultrie to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 1-9 of the Code of Ordinances of the City of Moultrie and in Section 4 of this ordinance.

Section 9. That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10. This ordinance shall become effective on 2-2-2000.

PASSED, APPROVED AND ADOPTED BY THE MAYOR AND COUNCIL on the 2-1-2000.

William M. McIntosh

/s/ Carolyn Harrell       Assistant City Clerk