THE CODE OF CUMMING, GEORGIA
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Published in 2010 by Order of the Mayor and Council
Republished in 2013
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OFFICIALS
of the
CITY OF
CUMMING, GEORGIA
AT THE TIME OF THIS RECODIFICATION
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H. Ford Gravitt (Mayor)
Quincy Holton (Councilmember)
Charles L. Ledbetter (Councilmember)
Ralph W. Perry (Councilmember)
John D. Pugh (Councilmember)
Rupert L. Sexton (Councilmember)
Mayor and Council
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Gerald R. Blackburn
City Administrator
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Steve G. Bennett
Assistant City Administrator
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Dana B. Miles
City Attorney
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Jeffery E. Honea
City Clerk
PREFACE
This Code constitutes a recodification of the general and permanent ordinances of the City of Cumming, Georgia.
Source materials used in the preparation of the Code were the 1998 Code, embracing ordinances adopted through December 16, 1997, and other ordinances subsequently adopted by the mayor and 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 1998 Code and any ordinance included herein.
This 2013 republication includes all amendatory legislation through ordinances adopted July 17, 2012, and was accomplished under the supervision of Mary Summers, Editor.
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. Notes which tie related sections of the Code together and 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 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 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 TABLE—GEORGIA LAWS CHTCT:1 CHARTER COMPARATIVE TABLE—ORDINANCES CHTCT:1 SPECIAL ACTS COMPARATIVE TABLE SACT: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 that 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 Roger D. Merriam, Senior Code Attorney, and Karen Barrington, 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 Mr. Dana B. Miles, City Attorney, and Mr. Jeff Honea, City Clerk, 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 that 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.
"Code of Cumming Georgia" Ordinance
AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF CUMMING, 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.
IT IS HEREBY ORDAINED by authority of the Mayor and City Council of the City of Cumming, Georgia:
Section 1. The Code entitled "Code of Cumming Georgia," published by Municipal Code Corporation, consisting of chapters 1 through 113, each inclusive, is adopted.
Section 2. All ordinances of a general and permanent nature enacted on or before June 15, 2010, 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. Except as otherwise provided:
(1)
A person convicted of a violation of the Code shall be punished by a fine not exceeding $1,000.00 or imprisonment for a term not exceeding six months, or any combination thereof.
(2)
With respect to violations of the Code that are continuous with respect to time, each day the violation continues is a separate offense.
(3)
With respect to violations of the Code that are not continuous with respect to time, each violation is a separate offense.
(4)
The imposition of a penalty does not prevent revocation or suspension of a license, permit or franchise or other administrative sanctions.
(5)
Violations of the Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief and by such other means as are provided by law.
(6)
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.
Section 5. Additions or amendments to the Code when passed in such form as to indicate an intention 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 June 15, 2010, 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 become effective immediately upon adoption.
I hereunto set my hand and cause the seal of the City of Cumming, Georgia to be affixed this 17th day of August, 2010.
/s/
H. Ford Gravitt, Mayor/s/
Quincy Holton, Council Member/s/
Lewis Ledbetter, Council
Member/s/
Ralph Perry, Council Member/s/
John Pugh, Council Member/s/
Rupert Sexton, Council Member/s/
Attest: Jeffrey Honea, City Clerk____________
DateSeal: