CODE OF ORDINANCES CITY OF CARTERSVILLE, GEORGIA

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GENERAL ORDINANCES OF THE CITY

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Published in 2010 by Order of the City Council

Republished July 2010

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CURRENT OFFICIALS

of the

CITY OF CARTERSVILLE, GEORGIA

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Matt Santini

Mayor

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Kari Hodge - Ward 1

Jayce Stepp - Ward 2

Cary Roth - Ward 3

Calvin Cooley - Mayor Pro Tem, Ward 4

Gary Fox - Ward 5

Taff Wren - Ward 6

City Council

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David Archer

City Attorney

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Tamara Brock

City Manager

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Meredith Ulmer

City Clerk

PREFACE

This Code constitutes a complete republication of the ordinances of the City of Cartersville, Georgia of a general and permanent nature.

Source materials used in the preparation of the Code were the 1976 Code, as supplemented through February, 1986, and ordinances adopted by the city council and the 1990 Code and ordinances adopted by the city council through Ord. No. 51-09, adopted December 17, 2009. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this volume, the reader can locate any section of the 1976 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. Footnotes which tie related sections of the Code together and which refer to relevant state laws 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 volume.

Numbering System

The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the second section of Chapter 1 is 1-2. Under this system, each section is identified with its chapter and at the same time new sections or even whole chapters can be inserted in their proper place simply by using the decimal system for amendments. By way of illustration: If new material consisting of three sections that would logically come between sections 1-2 and 1-3 is desired to be added, such new sections would be numbered 1-2.1, 1-2.2 and 1-2.3, respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 9 and 10, it will be designated as Chapter 9.5. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters. 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 being assigned to the article or division.

Indices

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

Looseleaf Supplements

A special feature of this Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the Code. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages.

Successfully keeping this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets 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 publishers 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

The republication of this Code was under the direct supervision of Anne Wilson and Janet Cramer, Editors, 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 Connie Keeling, City Clerk, for her cooperation and assistance during the progress of the work on this Code. It is hoped that her efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the City readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the city's affairs.

MUNICIPAL CODE CORPORATION Tallahassee, Florida

 

ORDINANCE NO. 6-91

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF CARTERSVILLE, 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 MAYOR AND CITY COUNCIL OF THE CITY OF CARTERSVILLE, GEORGIA, and it is hereby ordained by authority of the same as follows:

Section 1. The Code entitled "Code of Ordinances, City of Cartersville, Georgia" published by Municipal Code Corporation consisting of Chapters 1 through 24, each inclusive, is adopted, subject to the changes outlined in "Exhibit A" to this Ordinance.

Section 2. All ordinances of a general and permanent nature enacted on or before February 8, 1990, and not included in the Code or recognized and continued in force by reference therein, are repealed.

Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.

Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof, shall be punished by a fine not exceeding one thousand dollars ($1,000.00), imprisonment for a term not exceeding six (6) months. 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 any Code section whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the city may pursue other remedies such as abatement of nuisances, injunctive relief, and revocation of licenses or permits. The penalties specified above do not include Section 4-62, 4-134 and 4-233 which specifically stated the appropriate penalties for violations of the City of Cartersville Alcohol Ordinances.

Section 5. Additions or amendments to the Code when passed in the form as to indicate the intention of the 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 February 8, 1990 that amend or refer to ordinances that have been codified in the Code, shall be construed as if they amend or refer to like provisions of the Code.

Section 7. This ordinance shall be deemed emergency in nature so that immediate enforcement can alleviate existing problems.

ADOPTED this 21st day of February, 1991.

/s/Alex T. Dent

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Alex T. Dent

Mayor

ATTEST:

/s/Helen Wilson

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Helen Wilson

City Clerk

EXHIBIT "A"

Section 4-34 "Location Restrictions"

Section 4-34 should read as follows:

It is unlawful for any person to sell malt beverages or wine in any establishment unless the front door of the premises of the proposed location is situated not less than one hundred (100) yards from any church building, not less than one hundred (100) yards from the property line of any school ground or college campus. The distance shall be measured by the most direct route of travel on the ground.

Section 4-53(4) "Pouring License"

"six-hundred dollars ($600.00)" should read "nine-hundred dollars ($900.00)"

Section 6-64(b) (Electrical Permits)

"city council" should read "Board of Zoning Appeals"

Section 10-1(b) (Business Licenses)

Section 10-1(b) is deleted as penalty is specified in another section of Code

Section 22-103(f) (Street Cuts)

"one and one-half (1½)" should read "one and one-half (1½) inches"

Section 12-1001 One-Way Streets

Add the following:

NAME

Litchfield St. One Way N. From Wingfoot Trl. Goodyear Ave.

Akron St. One Way S. From Goodyear Ave. Wingfoot Trl.

Ohio St. One Way N. From Wingfoot Trl. Goodyear Ave.

Puritan St. One Way E. From Parmenter St. Clearwater St.

Pilgrim St. One Way E. From Parmenter St. Clearwater St.

Defender St. One Way W. From Clearwater St. Parmenter St.

Columbia St. One Way E. From Parmenter St. Mayflower St.

Allweather St . One Way E . From Parmenter St. Mayflower St.

(Ord. No. 44-96, § 1, 9-26-96)