CODE OF ORDINANCES CITY OF CLARKSTON, GEORGIA

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THE CHARTER
AND
GENERAL ORDINANCES OF THE CITY

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Adopted, May 4, 1981
Effective, July 1, 1981

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Published by Order of the City Council, 1981
Republished by Order of the City Council, 2004

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CURRENT OFFICIALS
OF THE
CITY OF CLARKSTON, GEORGIA

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Lee Swaney
Mayor

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William (Bill) Kemp
Vice-Mayor

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Pat Davis-Morris
Wayne Foster
William (Bill) Kemp
Rosemarie Nelson
Hien Nguyen
Joyce Wade
City Council

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Carole Keys
City Clerk

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Jack Rhodes
City Attorney

OFFICIALS
OF THE
CITY OF CLARKSTON, GEORGIA
AT THE TIME OF THIS CODIFICATION

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Ernest S. Whaley
Mayor

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William H. Armistead
Vice-Mayor

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William H. Armistead
Ernest Carroll
Harry F. Hensler
A. N. Partridge
Carroll Spivey
Bobby Wright
City Council

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Evelyn F. Hauswirth
City Clerk

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Stephen M. Pavuk
City Attorney

PREFACE

This Code constitutes a complete recodification of the ordinances of the City of Clarkston of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included herein or recognized as continuing in force by reference thereto. The Charter is also included.

The Code has been republished in 2004 with the inclusion of ordinances received for codification subsequent to the publication of Supplement No. 17 to the 1981 publication, and this republication constitutes a replacement volume to the prior Code.

Source materials used in the preparation of the Code were the 1968 Code and ordinances subsequently adopted by the governing body. 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 the volume, the reader can locate any section of the 1968 Code and any subsequent ordinance included herein.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. The source of each section is indicated by 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 Table also appearing in the back of the volume, any ordinance included herein can be readily found in the Code.

Numbering System

The numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two component parts separated by a dash, the figure before the dash representing the chapter number and the figure after the dash indicating 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 3 is 3-2. 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 places, 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 4-4 and 4-5 is desired to be added, such new sections would be numbered 4-4.1, 4-4.2 and 4-4.3 respectively. 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. 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.

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 Table	CHTCT:1
Code	CD1:1
Code Appendix	CDA:1
Code Comparative Tables	CCT:1
Charter Index	CHTi:1
Code Index	CDi:1

 

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 government officials and employees. There are numerous cross references within the indices itself 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 is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the 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. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in section 4 of the Adopting Ordinance.

The successful maintenance of 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 publication of this Code was under the direct supervision of George R. Langford, President, and B. Meade White, 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 publishers are most grateful to Mr. Stephen M. Pavuk, City Attorney and Mrs. Evelyn F. Hauswirth, City Clerk, for their cooperation and assistance during the progress of the work on this Code.

The republication of the Code was under the direct supervision of Robert S. Hornyak, Editor, and credit is gratefully given to other members of the publisher's staff for their able assistance throughout the project.

May, 1981 (revised in 2004)

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NO. 99
ADOPTING ORDINANCE

An Ordinance Adopting and Enacting a New Code of Ordinances of the City of Clarkston, 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 Enacted and Ordained by the City Council of the City of Clarkston, and it is Ordained by Authority of Same:

Section 1.  That the Code of Ordinances, consisting of Chapters 1 to 20, each inclusive, in the Addendum hereto, is hereby adopted and enacted as the "Code of Ordinances, City of Clarkston, 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 the date specified in Section 3 hereof, to the extent provided for in Section 2 hereof.

Section 2.  That all provisions of such Code shall be in full force and effect from and after the date specified in section 9 hereof and all ordinances of a general and permanent nature of the City of Clarkston, enacted on final passage on or before the date specified in subsection (n) of Section 3 hereof, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date hereof, except as hereinafter provided. No resolution not specifically mentioned is hereby repealed.

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

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

(c)

Any right or franchise granted by the governing body of the city to any person, firm or corporation.

(d)

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

(e)

Any appropriation ordinance or any ordinance levying any tax.

(f)

Any ordinance establishing and prescribing street or sidewalk grades.

(g)

Any ordinance providing for local improvements or assessing taxes therefor.

(h)

Any ordinance establishing subdivision regulations or dedicating or accepting any plat or subdivision in the City.

(i)

Any zoning ordinance or any ordinance amending the zoning map or zoning or rezoning any specific property.

(j)

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

(k)

Any ordinance compensating city officers or employees, and not inconsistent with such Code.

(l)

Any housing authority ordinance or resolution.

(m)

Any ordinance making any act or failure to do any act an offense against the City, when such ordinance is authorized under the state law and is not inconsistent with such Code.

(n)

Any ordinance enacted after July 7, 1980.

Section 4.  That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the City Council to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Code of Ordinances, City of Clarkston, Georgia," shall be understood and intended to include such additions and amendments.

Section 5.  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 the City Clerk, to insert in their designated places, all ordinances which indicate the intention of the City 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 City Council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 6.  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 Clarkston, Georgia, to be misrepresented thereby.

Section 7.  Any person violating such Code shall be punished as authorized by law, as provided in section 1-7 of such Code.

Section 8.  That all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 9.  That this ordinance shall become effective on the first day of July, 1981.

PASSED BY THE COUNCIL OF THE CITY OF CLARKSTON BY A UNANIMOUS VOTE OF COUNCIL AT A MEETING OF THE COUNCIL OF SAID CITY, AND APPROVED BY THE MAYOR OF THE CITY OF CLARKSTON, THIS FOURTH DAY OF MAY, 1981.

	/s/ Ernest S. Whaley       Mayor

ATTEST:

/s/ Evelyn F. Hauswirth       City Clerk

(SEAL)

APPROVED AS TO FORM:

/s/ Stephen M. Pavuk       City Attorney

I, Evelyn F. Hauswirth, City Clerk for the City of Clarkston, Georgia, do certify the foregoing ordinance to be a true copy as adopted by Council in regular session May 4, 1981.

	/s/ Evelyn F. Hauswirth       City Clerk