TITLE 4
Public Works
Chapter 1 Streets and Sidewalks
Chapter 2 Solid Waste Collection and Disposal
CHAPTER 1
Streets and Sidewalks
State Law Reference: Constitutional powers regarding streets, Constitution of 1982, Article IX, Section II, Paragraph III (a) (4); O.C.G.A., Section 36-34-3; street obstructions, O.C.G.A., Section 36-30-10; municipal street administration, O.C.G.A., Section 32-4-90 et. seq.; assessments for improvements, O.C.G.A., Title 36, Chapter 39.
§ 4-1-1 Permit to dig in streets.
§ 4-1-2 Same; application for permit.
§ 4-1-3 Same; city indemnified.
§ 4-1-4 Street repair.
§ 4-1-5 Excavation; leaving unprotected.
§ 4-1-6 Sidewalk construction.
§ 4-1-7 Streets and sidewalks not to be damaged.
§ 4-1-8 Violation.
Section 4-1-1 Permit to dig in streets.
No person, firm or corporation shall make any excavations or opening or dig any ditch, trench, tunnel or hole in, along, across or under any street, sidewalk or other public place for the purpose of laying or placing therein any pipe, wires, poles or for any other purpose, unless a written permit therefore has been issued by the city clerk. A permit shall not be required where the work is performed under a contract with the city but in the event that work requires a sidewalk or street to be wholly or partially obstructed, the person shall notify the city clerk and the police department at least two (2) hours before obstructing the sidewalk or street, unless prevented by sudden emergency.
Section 4-1-2 Same; application for permit.
All persons desiring a permit in order to make an opening in any street or sidewalk, as set forth in section 4-1-1, shall make written application therefore, which application shall show the location of the proposed opening, the purpose therefore and the approximate number of square yards of surface to be cut.
Section 4-1-3 Same; city indemnified.
Any person, firm or corporation obtaining a permit as provided for in sections 4-1-1 and 4-1-2 agrees, as a condition of the issuance of the permit to indemnify and hold harmless that city against any claims or expenses, including attorney’s fees for bodily injury or property damage for accidents or occurrences arising out of the person’s operations.
Section 4-1-4 Street repair.
When any part of any street, sidewalk, alley or other public place of the city shall be torn or dug up for any purpose, the person, firm or corporation making that excavation or opening shall have the duty of refilling the same condition that existed prior to the excavation or opening. Any person, firm or corporation, neglecting, refusing or failing to comply with any precisions of this section shall be guilty of a violation thereof; and where any neglect, refusal or failure is continued, after notice from the city clerk, every day’s continuance thereafter shall constitute a separate and distinct offense.
Section 4-1-5 Excavation; leaving unprotected.
It shall be unlawful for any person, firm or corporation who obtains a permit under the section of this chapter to do any excavation of any kind which may create or cause a dangerous condition in our near any street, alley, sidewalk or public place of the city without placing and maintaining proper guard rails and signal lights or other warnings at, in or around the work, sufficient to warn the public or any excavation of work, and to protect all persons using reasonable care from injuries on account of work.
Section 4-1-6 Sidewalk construction.
No sidewalk of any description shall be built by any individual, firm or corporation, of any brick, wood or other material without a written permit from the city.
Section 4-1-7 Streets and sidewalks not to be damaged.
It shall be unlawful for any person, firm or corporation to drag or run, or cause to be dragged or run any harrow or other implement, engine, machine or tool upon the asphalt, bithulitic, warrenite or other type of permanently paved street or sidewalk of the city which shall be liable in any way to injure or cut the surface thereof. It shall also be unlawful to injure any dirt street in the same manner.
Section 4-1-8 Violation.
All persons found guilt of a violation of this chapter shall be punished as provided in section 1-1-5 of this code.
CHAPTER 2
Solid Waste Collection and Disposal
State Law Reference: Authority of municipalities to provide for garbage and solid waste collection and disposal, Constitution of 1982, Article IX, Section II, Paragraph III (a) (2).
§ 4-2-1 Definitions.
§ 4-2-2 Waste acceptable for collection.
§ 4-2-3 Waste unacceptable for collection.
§ 4-2-4 Preparation and storage of acceptable waste.
§ 4-2-5 Place of collection; grass clippings; limbs.
§ 4-2-6 Unauthorized accumulation of solid waste; nuisance.
§ 4-2-7 Scavenging.
§ 4-2-8 Penalties.
Section 4-2-1 Definitions.
For the purpose of this chapter the following words and phrases shall have the meanings ascribed to them in this section:
(1) Ashes. Ashes means and includes the waste products from coal, wood and other fuels used for cooking and heating from all public and private residences and establishments.
(2) Building rubbish. Building rubbish means waste material resulting from construction, remodeling, repairs and demolition operations on houses, commercial building and other structures, including driveways and walks, and it comprises waste and rejected matter such as excavated earth, stones, brick, plaster, wallpaper, sheetrock and latches, lumber, shingles, tile, concrete and waste parts occasioned by the instillation or replacement or plumbing, heating systems, electrical work and roofing.
(3) Garbage. Garbage means waste accumulation of animal or vegetable matter used for or intended for food or that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables.
(4) Industrial waste. Industrial waste means solid waste materials from factories, processing plants, wholesale establishments, assembling food processing wastes, cinders and ashes, lumber scraps, sawdust, excelsior, shavings, floor sweepings, metal scrap and shavings, glass and other waste products.
(5) Rubbish. Rubbish means a variety of combustible and noncombustible waste not subject to rapid decomposition derived from places of residence, commercial areas and institutions and shall include paper, rags, plastics, cartons, boxes, cans, bottles, glass, crockery, excelsior, rubber, discarded clothing and similar materials.
(6) Scavenge. Scavenge means uncontrolled picking from discarded solid waste materials.
(7) Solid waste. Solid Waste means putrescible and nonputrescible waste, except human body waste, and includes garbage, rubbish, paper, cartons, boxes, wood, tree branches, yard trimmings, furniture, appliances, metals, tin cans, glass, crockery, ashes, street refuse, dead animals, waste materials generated in industrial operations, residue incineration, food processing wastes, demolitions wastes, construction wastes and any other wastes in a solid or semi-solid state, not otherwise defined in this section.
(8) Standard container. Standard container means and includes a durable, rust resistant, nonabsorbent, rodent-proof, watertight plastic or metal container with handles or bails, having a tight-fitting cover, and having no more than a 30-gallon capacity.
(9) Waste. Waste means unwanted or discarded material, except human body waste.
(10) Yard rubbish. Yard rubbish means tree branches, stumps, twigs, grass and shrub trimmings, bushes, weeds, leaves and general yard and garden waste materials and includes stone and dirt rakings and any waste materials resulting from landscaping.
Section 4-2-2 Waste acceptable for collection.
Garbage, rubbish and industrial waste constitute waste acceptable for collection by the city.
Section 4-2-3 Waste unacceptable for collection.
(1) The following items constitute waste unacceptable for collection by the city:
(a) dangerous materials or substances such as poisons, acids, caustics and explosives.
(b) building rubbish;
(c) ashes;
(d) yard rubbish except as hereinafter provided;
(e) furniture and appliances;
(f) automobile and motor vehicle tires; and
(g) all other solid waste not specifically authorized herein.
(2) Any person responsible for waste not acceptable for collection by the city shall make any arrangements as may be necessary for the collection and disposal of the unacceptable waste.
Section 4-2-4 Preparation and storage of acceptable waste.
(1) The owner or occupant of each residence or business or commercial establishment shall store acceptable waste in standard containers which shall be provided by the owner or occupant and which shall at all times be maintained in a good state of repair. Each owner or occupant shall prevent the continued, excessive and unsightly accumulation of waste upon the property occupied by him.
(2) Any acceptable waste that cannot be placed in standard containers shall be broken down and tied securely in bundles no larger than 36 inches square and placed alongside the standard containers for collection.
Section 4-2-5 Place of collection; grass clippings; limbs.
(1) Containers shall be placed at curbside on the day of collection.
(2) Grass clippings, pine straw and leaves shall be placed on the street curb on pickup day. These items must be secured in disposable plastic bags of any type, size and material designed for solid waste storage and disposal. Disposable bags shall be unbroken and securely sealed and loaded in such a manner that normal handling will not cause the bag to open. No bag that cannot be loaded by one (1) person shall be collected.
(3) Fallen limbs, trees, cut limbs, cut trees and trash of this category shall be cut by the property owner into lengths of more than four (4) feet. Other trash, which shall include yard wastes, weeds, grass, trimmings, leaved, brush and pine straw must be bagged. All trash and cuttings shall be placed as near as possible to the street or sidewalk right-of-way adjacent to the property owners’ property but not so as to get into the street or block the sidewalk. At no time shall trash be placed in gutters, drains, walkways or alleys or streets of the city.
Section 4-2-6 Unauthorized accumulation of solid waste; nuisance.
Any unauthorized accumulation of solid waste on any premises is hereby declared to be a nuisance and it prohibited. Failure to remove any existing accumulation or solid waste within a reasonable time as may be fixed by written notice from the city shall be deemed a violation of this code.
Section 4-2-7 Scavenging.
No person other than the owner thereof shall interfere with any container placed for the purpose of storing solid waste pending collection, or remove or take any of the contents thereof, or remove any container from the location where the container has been placed by the owner thereof.
Section 4-2-8 Penalties.
Any person convicted of violating any of the provisions of this chapter shall be punished as provided in section 1-1-5 of this code.
