CODE OF ORDINANCES CITY OF HAPEVILLE, GEORGIA

____________

CITY CHARTER

RELATED LAWS

And

THE GENERAL ORDINANCES OF THE CITY

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Ordained and Published 2006

by Order of the

Mayor

and

City Council

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OFFICIALS

of the

CITY OF

HAPEVILLE, GEORGIA

AT THE TIME OF THIS REPUBLICATION

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Alan Hallman
Mayor

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Jo A. Cranford, Alderman
Laura Murphy, Councilman at Large
Ed Ray, Councilman, Ward I
Lew Valero, Councilman, Ward II
City Council

____________

Mike Rast
City Administrator

____________

Murray J. Weed
City Attorney

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PREFACE

This Code constitutes a republication of the general and permanent ordinances of the City of Hapeville, Georgia.

Source materials used in the preparation of the Code were the 1981 Code, as supplemented through November 7, 2000, 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 1981 Code, as supplemented, and any subsequent ordinance included herein.

The Code has been divided into two parts, The Charter and Related Laws and The Code of Ordinances. Part I has been subdivided into subpart A, The Charter, and subpart B, Related Laws, and Part II has been further subdivided into subparts A, B and C, being General Ordinances, Environment, Health and Sanitation, and Planning and Development. The chapters of the Code have been conveniently arranged within each subpart in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes 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, Article 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 three parts separated by a dash. The figure before the first dash refers to the chapter number; the figure before the second dash refers to the article number, and the figure after the dash refers to the position of the section within the article. Thus, the second section of chapter 2, article 2 is numbered 2-2-2, and the sixth section of chapter 5, article 3, is section 5-3-6. Under this system, each section is identified with its chapter and article, 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 9-2-1 and 9-2-2 is desired to be added, such new section would be numbered 9-2-1.5. 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, or in the case of chapters placed at the end of the title 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 chapter, article or division.

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 AND RELATED LAWS	CRL:1
CHARTER COMPARATIVE TABLE	CRLCT:1
CODE	CD1:1
CODE APPENDIX	CDA:1
CODE COMPARATIVE TABLES	CCT:1
CHARTER AND RELATED LAWS INDEX	CRLi:1
CODE INDEX	CDi:1

 

Indexes

The indexes have been prepared to be useful to either city personnel or the general public. 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.

Acknowledgments

This publication was under the direct supervision of Mary Grace Tavel, Senior Legal 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 Alice Shepard, Deputy City Clerk, Mike Rast, City Administrator, and Murray J. Weed, 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.

STATE OF GEORGIA
CITY OF HAPEVILLE
ORDINANCE NO. 2006-09

AN ORDINANCE TO ADOPT A CODIFICATION OF THE CODE OF ORDINANCES, CITY OF HAPEVILLE, GEORGIA INCLUDING THE CITY CHARTER; ZONING REGULATIONS; AND ALL OTHER ORDINANCES OF THE CITY OF HAPEVILLE ADOPTED AND AMENDED PRIOR TO JANUARY 1, 2006; TO FURTHER READOPT ALL ORDINANCES ENACTED AFTER JANUARY 1, 2006 THROUGH JULY 11, 2006 FOR PURPOSES OF PROVIDING SUPPLEMENTS TO THE NEWLY BOUND CODE OF ORDINANCES; TO PROVIDE SEVERABILITY; TO PROVIDE PENALTIES; TO PROVIDE FOR REPEAL OF CONFLICTING ORDINANCES; TO PROVIDE FOR ADOPTION AND EFFECTIVE DATE; TO PROVIDE FOR CODIFICATION; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.

BE IT AND IT IS HEREBY ORDAINED by the Mayor and Council of the City of Hapeville and under the authority thereof:

Section 1.

That the Code of Ordinances, City of Hapeville, Georgia, is hereby amended by adding a section, to be numbered Ordinance No. 2006-09, which said section, reads as follows:

"Section a. The document entitled "Code of Ordinances, City of Hapeville, Georgia," a copy whereof accompanies this ordinance and is incorporated herein and made a part hereof, is hereby adopted and is intended to be, and shall be treated and considered as, a new and original comprehensive ordinance.

Section b. All ordinances of a general and permanent nature of Hapeville, Georgia, enacted on final passage on or before July 11, 2006, and not in the code or recognized and continued in force by reference therein are hereby repealed from and after the effective date of this ordinance, except as hereinafter provided. Ordinances adopted in year 2006 from January 1, 2006 to July 11, 2006 shall be considered as adopted as official supplements to this codification and are not repealed by this Section.

Section c. The repeal provided for in section b hereof shall not affect 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; nor shall this repeal affect any ordinance of the city promising or guaranteeing the city's indebtedness, or any contract or obligation assumed by the city; nor shall this repeal affect any rights or franchise granted by any ordinance of the city to any person, firm or corporation; nor shall this repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc. any street or public way in the city; nor shall this repeal affect the present annual appropriation of the city, nor shall this repeal affect any ordinance levying or imposing charges, fees, or taxes now due or accrued; nor shall this repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this ordinance.

Section d. The provisions appearing in this code, so far as they are the same as provisions or ordinances existing at the time of the effective date of this code, are intended, and shall be considered as continuations thereof and not as new enactments.

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

Section f. A copy of the code shall be kept on file in the office of the city clerk, and 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, to insert in the designated places all amendments and ordinances which indicate the intention of the mayor and city council to make those provisions a part of the code, when those provisions have been reprinted in page form, and to extract from the code all provisions which may be from time to time repealed by the mayor and the city council. A copy of the code shall be available for all persons desiring to examine it and shall be considered the official Code of Ordinances, City of Hapeville, Georgia.

Section g. As pages of the code are replaced because the matter contained on them shall have been repealed, amended or otherwise shall have been superseded or rendered obsolete or inoperative, the city clerk shall retain copies of the complete code so superseded, rendered obsolete, or otherwise rendered inoperative in a file so that the former provisions of the code may be readily available and easily found. The purpose of this section is to permit anyone desiring to do so to ascertain the precise status of any section of the code as any given date.

Section h. In case of the amendment of any section of the code for which a penalty is not provided, the general penalty as provided in the city charter of the 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 i. It shall be unlawful for any person, firm or corporation to change or amend by additions or deletions, any part or portion of the code, or to insert or delete pages or portions thereof, or to alter or tamper with the code in any manner whatsoever which may cause the law of Hapeville, Georgia to be misrepresented thereby.

Section j. This ordinance and the bound Code of the Ordinances, City of Hapeville, Georgia were physically present in Council Chambers and were identified to a certainty before adoption.

Section k. This ordinance ant the bound Code of Ordinances, City of Hapeville, Georgia are a public record.

Section l. This ordinance and the bound Code of Ordinances, City of Hapeville, Georgia is accessible to members of the public who are or may be affected by it through the Office of the City Clerk who shall maintain an official copy of the same.

Section m. This ordinance hereby and herewith gives notice of the public accessibility of this ordinance and the bound Code of Ordinances, City of Hapeville, Georgia."

Section 2.

a.

It is hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by the Mayor and Council to be fully valid, enforceable and constitutional.

b.

It is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of this Ordinance is severable from every other section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor or Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section paragraph, sentence, clause or phrase of this Ordinance.

c.

In the event that any phrase, clause, sentence, paragraph or section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full force and effect.

Section 3.

Penalties provided for violations of this Ordinance are set out in Section 1-1-8 of the Code of Ordinances, City of Hapeville, Georgia.

Section 4.

All Ordinance and parts of Ordinances in conflict herewith and are hereby expressly repealed.

Section 5.

This Ordinance adoption shall become effective upon its adoption by the Mayor and Council.

Section 6.

The preamble of this Ordinance shall be considered to be and is hereby incorporated by reference as if fully set out herein.

Section 7.

The Ordinance shall be codified in a manner consistent with the laws of the State of Georgia and the City of Hapeville.

Section 8.

It is the intention of the governing body, and it is hereby ordained that the provisions of this Ordinance shall become and be made part of the Code of Ordinances, City of Hapeville, Georgia and the sections of this Ordinance may be renumbered to accomplish such intention.

SO ORDAINED, this 11th day of July, 2006.

CITY OF HAPEVILLE, GEORGIA

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Alan Hallman, Mayor

ATTEST:

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Mike Rast, City Administrator

APPROVED AS TO FORM:

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Murray J. Weed, City Attorney