TITLE 9

Offenses

Chapter 1      General Offenses

Chapter 2      Nuisances

Chapter 3      Animals

CHAPTER 1

General Offenses

Editorial Note:    Municipalities are prohibited by law from enacting ordinances covering matters which have been preempted by general law and are prevented from regulating conduct which has been made a violation of any criminal law of the state. See O.C.G.A., Section 36-35-6 (a) (2); Georgia Constitution of 1982, Article III, Section VI, Paragraph IV.

State Law Reference:         Abandonment of airtight containers, O.C.G.A., Section 16-11-100; fireworks, O.C.G.A., Section 25-10-1 et seq.; disorderly houses, O.C.G.A., Section 16-11-44; peeping toms, O.C.G.A., Section 16-11-61; gambling, O.C.G.A., Section 16-12-20 et seq.; cruelty to animals, O.C.G.A., Section 16-12-4; criminal tres­pass, O.C.G.A., Section 16-7-21.

§    9-1-1      Disorderly conduct.

§    9-1-2      Public drunkenness.

§    9-1-3      Noise; creating unnecessary noise.

§    9-1-4      Posting signs on poles without consent.

§    9-1-5      Weapons; discharge in city.

§    9-1-6      Fortunetelling prohibited.

§    9-1-7      Maintaining standards of neighborhood; maintaining standards of business establishment; prohibition of keeping of junk, abandoned appliances, inoperative vehicles, and' other equipment on property.

Section   9-1-1         Disorderly conduct.

It shall be unlawful and disorderly conduct for any person to:

(1)       act in a violent or tumultuous manner toward another, whereby a reasonable person would be placed in fear of safety for life or limb;

(2)       place the property of another in serious danger of being destroyed or damaged;

(3)       use fighting words directed toward another, who becomes outraged and thus creates a turmoil;

(4)       violently interfere with another's pursuit of a lawful occupation; or

(5)       congregate with others to halt the flow of vehicular or pedestrian traffic and refuse to clear the way when ordered by lawful authority to do so.

Section   9-1-2         Public drunkenness.

It shall be unlawful for any person to be on the streets of the city or in any public place in an intoxicated condition.

Section   9-1-3         Noise; creating unnecessary noise.

(1)  The creating of any unreasonably loud, disturbing and unnecessary noise within the limits of the city is prohibited. Noise of such character, intensity or duration as to be detrimental to the life or health of any individual, or in disturbance of the public peace and welfare, is prohibited.

(2)  The following acts, among others, are declared to be loud, disturbing and unnecessary noises and noises in violation of this section, but this enumeration shall not be deemed to be exclusive, namely:

(a)   Horns.     The sounding of any horn or signal device on any automobile, motorcycle, bus or other vehicle, while not in motion except as a danger signal if another vehicle is approaching apparently out of control, or, if in motion, only as a danger signal; the creation by means of any such signal device of any unreasonably loud or harsh sound or the sounding of that device for an unnecessary or unreasonable period of time.

(b)  Musical instruments.     The playing of any radio, phonograph or any musical instrument in such a manner or with such volume, particularly during the hours between 12 midnight and 7: 00 a. m., as to annoy or disturb the quiet, comfort or repose of persons in any office, hospital or in any dwelling, hotel or other type of residence, or any persons in the vicinity, except this section shall not apply to schools of music between the hours of 7:00 a.m. and 10:00 p.m.

(c)   Voices.     Yelling, shouting, hooting, whistling or singing on the public streets, particularly between the hours of 12 midnight and 7:00 a.m., or at any time or place so as to annoy or disturb the quiet, comfort or repose of persons in any hospital, dwelling, hotel or other type of residence, or any persons in the vicinity.

(d)  Noisy vehicle.     The use of any automobile, motorcycle or vehicle so out of repair, so loaded or in any manner as to create loud and unnecessary grating, grinding or rattling, or other noise.

(e)   Steam whistles.     The blowing of any steam whistle attached to any stationary boiler, except to give notice of the time to begin or stop work, or as a warning of fire or danger, or upon request of proper city authority.

(f)   Exhausts.     To discharge into the open air the exhaust of any stationary steam engine, stationary internal combustion engine, motor vehicle or motorboat engine, except through a muffler or other device which will effectively prevent loud or explosive noises therefrom.

(g)  Construction work.     The erection (including exca­vating), demolition, alteration or repair of any building in any residential district or section, the excavation of streets and highways in any residential district or section, other than between the hours of 7:00 a.m. and 6:00 p.m. on week days except in cases of urgent necessity, and then only with a permit from the city, which permit may be granted for a period not to exceed 60 days while the emergency continues.

(h)  On streets of institutions requiring quiet.     The creation of any excessive noise on any street adjacent to any school, institution of learning, church or court while the same are in session, or adjacent to any hospital, which unreasonably interferes with the workings or sessions thereof.

(i)    Loudspeakers on vehicles.     The use of mechanical loudspeakers or amplifiers on trucks or other moving or standing vehicles for advertising or other purposes.

(j)    Animals, birds.     The keeping of any animal or bird which shall disturb the comfort or repose of any persons in the vicinity by making long, continual or frequent noise.

(3)  None of the foregoing terms or prohibitions shall apply to or be enforced against:

(a)   any vehicle of the city while engaged upon necessary public business;

(b)  excavations or repairs of bridges, streets or highways, by or on behalf of the city, county or state during the night season, when the public welfare and convenience renders it impossible to perform that work during the day; nor shall the same apply to work performed by public utility companies under like conditions and circumstances, or when there is urgent necessity therefore; and

(c)   the reasonable use of amplifiers or loudspeakers in the course of public addresses which are noncommercial in character.

(4)  The prohibitions shall not be applicable to any parade, celebration or performance for which a written permit has been obtained prior thereto from the city clerk.

(5)  It shall be unlawful to use, maintain or operate loudspeakers, sound trucks, amplifiers or other mechanical or electrical devices for increasing the volume of sound, upon the streets, sidewalks, parks or other public places of the city; provided that nothing in this section shall apply to the United States of America, the state, the county nor the city, nor to public agencies.

Section   9-1-4         Posting signs on poles without consent.

It shall be unlawful for any person to post or display in or upon any bridge any sign or advertisement, or to post or display upon any telegraph, telephone or electric company's pole, or upon any public property or the private property of any person any bills, signs or advertisements without the consent in writing of the owner thereof.

Section   9-1-5         Weapons; discharge in city.

It shall be unlawful for any person to discharge a firearm, including pistol, rifle and shotgun, or to shoot an air gun, including BB gun and pellet gun, within the city, except by law enforcement officers in the line of duty, and the military when on drill or parade, or at a funeral in honor of the dead; provided, however, it shall not be unlawful for any person to shoot a BB gun upon private property if that person shall have first obtained the express permission of the owner of that property to do so.

Section   9-1-6         Fortunetelling-Prohibited.

It shall be unlawful for any person or company to engage in the business of fortunetelling, Indian advisor or any related activity, whether for profit or not, within the city limits. (Ordinance of March 6, 1969)

Section   9-1-7         Maintaining standards of neighborhood; maintaining standards of business establishment; prohibition of keeping junk, abandoned appliances, inoperative vehicles, and other equipment on property.

(1)  In order to eliminate unsightly, unhealthy or dangerous situations, and in order to protect property values and to enhance the beauty of 'the city, it shall be unlawful for any person to own, rent, lease or be in possession of any premises, dwelling unit or other structure, place or vacant lot wherein the property is permitted to deteriorate in appearance or condition so as to be degrading to the surrounding premises.

(2)  Conditions such as having tall grass, weeds and bushes, other undergrowth, and trash or debris of any type; the keeping of dilapidated furniture, appliances, machinery, bicycles and other toys, equipment including automobiles which are either in a wholly or partially wrecked, junked, dismantled and/or in an inoperative condition, shall be declared to be unsightly, unkempt, degrading and in violation of this section of the code.

(3)  Should the chief of police determine that any person is violating the terms of this section, he shall give the offending party 10 days' notice within which to eliminate the unsightly, unhealthy or dangerous situation. This notice shall be in writing and shall be a prerequisite to the bringing of charges against an offender. Should the person to whom the notice is directed fail to comply with the request made therein within the 10 day period, the law enforcement officers of the city shall be authorized to proceed with the bringing of charges for the violation. Each day the conditions continue shall be deemed a separate offense.

(4)  Following conviction for violation of this section, the city may, at its option, proceed to remedy the unsightly, unhealthy or dangerous situation and accomplish the necessary work. The owner or occupant, or both, shall be liable for the actual cost of such work.

(5)  Furniture, appliances, machinery or equipment, includ­ing automobiles, as hereinabove defined, which remain on the same property for a period of 30 days after either a plea or a finding of guilty shall be presumed to be abandoned and subject to being removed from the property by the chief of police and shall be disposed of by destruction or sale.

CHAPTER 2

Nuisances

State Law Reference:         Nuisances, O.C.G.A., Title 41.

§    9-2-1      Definition.

§    9-2-2      Jurisdiction to try and abate.

§    9-2-3      Complaint of nuisance; hearing.

§    9-2-4      Abatement by city.

§    9-2-5      Nuisance per se, exception; summary abatement.

§    9-2-6      Offense; penalty.

Section   9-2-1         Definition.

The following conditions may be declared to be nuisances:

(1)       stagnant water on premises;

(2)       any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent, upon premises which is odorous or capable of causing disease or annoyance to the inhabitants of the city;

(3)       the generation of smoke or fumes in sufficient amount to cause odor or annoyance to the inhabitants of the city;

(4)       the pollution of public water;

(5)       maintaining a dangerous or diseased animal or fowl;

(6)       obstruction of a public street, highway or sidewalk without a permit;

(7)       loud or unusual noises which are detrimental or annoying to the public, including without limitation, unusual loud disturbances in or around churches or multiple family complexes such as loud music and other activities in swimming pool and clubhouse areas;

(8)       all walls, trees and buildings that may endanger persons or property;

(9)       any business or building where illegal activities are habitually and commonly conducted in such a manner as to reasonably suggest that the owner or operator of the business or building was aware of the illegal activities and failed to reasonably attempt to prevent those activities;

(10)    unused iceboxes, refrigerators and the like unless the doors, latches or locks thereof are removed;

(11)    any trees, shrubbery or other plants or parts thereof, which obstruct clear, safe vision on roadways and intersections of the city; and

(12)    any other condition constituting a nuisance under state law.

Section   9-2-2         Jurisdiction to try and abate.

The recorder's court shall have full jurisdiction to try and dispose of all questions of nuisance affecting the public health or welfare, and shall also have jurisdiction to try and, in case of conviction, to punish persons failing to abate nuisances, as prescribed in section 1-1-5 of this code.

State Law Reference:               Jurisdiction of recorder's court to determine existence of nuisance and order its abatement, O.C.G.A., Section 41-2-5.

Section   9-2-3         Complaint of nuisance; hearing.

(1)  Any official or inhabitant of the city may direct a complaint of nuisance to the city police department, who shall investigate and may place the complaint on the recorder's court docket for a hearing upon the basis of the investigation. The recorder's court after a 10 day notice to the party involved, shall hold a hearing thereon and upon finding that a nuisance does exist shall issue an order to the owner, agent in control of or tenant in possession, stating that a nuisance has been found to exist and that the nuisance must be abated within so many hours or days as the recorder shall deem reasonable, having consideration -for the nature of the nuisance and its effect on the public.

(2)  Animal control officers, license and building inspectors shall and may also receive complaints, investigate the same and place on the court docket such complaints in the same manner as police officers.

Section   9-2-4         Abatement by city.

(1)  In any case where the owner, agent or tenant fails to abate the nuisance in the time specified, or where the owner, agent or tenant cannot be served with notice, or where the nature of the nuisance is such, in the opinion of the recorder that it must be immediately abated, the recorder may issue an order to the chief of police directing the nuisance to be abated. The chief of police in such case, shall keep record of the expenses and cost of abating same, and the costs shall be billed against the owner, agent or tenant for collection as for city revenues.

(2)  Other city departments shall assist the chief of police as is necessary in abating nuisances hereunder.

Section   9-2-5         Nuisance per se, exception; summary abatement.

Nothing contained in this chapter shall prevent the mayor from summarily and without notice ordering the abatement of or abating any nuisance that is a nuisance per se in the law or where the case is an urgent one and the health and safety of the public or a portion thereof is in imminent danger.

Section   9-2-6         Offense; penalty.

It is hereby declared to be an offense for any owner, agent or tenant to maintain or allow a nuisance to exist. Each day a nuisance is continued shall constitute a separate offense.

State Law Reference:               Failure to abate nuisance after order to do so is a state crime, O.C.G.A., Section 41-1-6.

CHAPTER 3

Animals

Cross Reference:      Noise created by animals, Section 9-1­-3 (b) (10).

ARTICLE A

General provisions

§    9-3-1      Bird sanctuary; wildlife.

§    9-3-2      Fowl or livestock running at large prohibited.

§    9-3-3      Enclosures for animals and fowl.

§    9-3-4      Health department regulations.

§    9-3-5 through 9-3-10 reserved.

ARTICLE B

Dogs

§    9-3-11    Leash law.

§    9-3-12    Vicious or diseased dogs.

§    9-3-13    Summons.

§    9-3-14    Penalties.

ARTICLE A

General provisions

Section   9-3-1         Bird sanctuary; wildlife.

(1)  The entire area embraced within the corporate limits of the city is designated as a bird sanctuary.

(2)  It shall be unlawful to trap, hunt, molest or kill any wild bird or to rob any wild bird's nest; provided, however, if nuisance birds such as starlings are found to be congregating in such numbers in a particular locality so as to constitute a nuisance or a menace to health or property in the opinion of the mayor and council, those birds may be destroyed as humanely as possible, under the supervision of the police department, in such numbers and in such manner as is deemed advisable by the mayor and council.

(3)  It shall be unlawful to trap, hunt, molest or kill any other wild game in the city except by order of the chief of police.

Section   9-3-2         Fowl or livestock running at large prohibited.

It shall be unlawful for any owner or person in control of any domestic fowl or livestock to allow that domestic fowl or livestock to run at large within the city.

Section   9-3-3         Enclosures for animals and fowl.

Any housing or enclosure used for the keeping of animals or fowl shall be well drained, free from accumulations of animal excrement and objectionable odors, and otherwise clean and sanitary.

Section   9-3-4         Health department regulations.

(1)  There are currently in existence certain rules and regulations adopted by the Liberty County Board of Health with the purpose of preserving the public health, safety, and welfare of the citizens of Liberty County, Georgia. The city specifi­cally adopts and incorporates by reference the provisions of the following rules and regulations which are in force at the time of the adoption of this chapter:

(a)   Rules and regulations for animal control adopted by the Liberty County Board of Health on November 17, 1988.

(2)  A copy of all these rules and regulations are on file in the office of the city clerk where they are available for public inspection. Wherever a conflict exists between the health department regulations and other provisions of this code, the most stringent provision shall prevail and be controlling.

(3)  Any violation of the rules and regulations hereby referenced shall be a violation of this code and shall subject the offender, upon conviction, to the imposition of a fine not to exceed $100 or imprisonment for a period not to exceed 30 days or both.

(4)  The Municipal Court of Midway shall have jurisdiction over violations of this section and all procedures for enforce­ment of this chapter shall be as provided in article 4, chapter 10, title 15 Official Code of Georgia Annotated. Complaints of violations of any provision of this chapter shall be brought before the Municipal Court of Midway by designated representative of the Liberty County Board of Health and shall be prosecuted through that court. A complaint shall be brought before the municipal court only after all notices and rights to a hearing before a hearing officer of the board of health shall have been provided. (Ordinance of February 12, 1989)

Sections 9-3-5 through 9-3-10 reserved.