CODE OF DEKALB COUNTY AS REVISED, 1988  


Latest version.
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    GENERAL ORDINANCES OF THE COUNTY

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    Adopted, November 14, 1989
    Effective, December 15, 1989

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    Published in 1988 by Order of the Board of Commissioners

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    CURRENT OFFICIALS

    of

    DEKALB COUNTY, GEORGIA

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    Michael L. Thurmond

    Chief Executive Officer

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    Jeff Rader

    Presiding Officer

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    Steve Bradshaw

    Deputy Presiding Officer

    District 1: Nancy Jester

    District 2: Jeff Rader

    District 3: Larry Johnson

    District 4: Steve Bradshaw

    District 5: Mereda Davis Johnson

    District 6: Kathie Gannon

    District 7: Lorraine Cochran-Johnson

    Board of Commissioners

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    Viviane Ernstes

    County Attorney

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    Barbara Sanders-Norwood

    Clerk of the Board of Commissioners and Chief Executive Officer

    OFFICIALS

    of

    DEKALB COUNTY, GEORGIA

    AT THE TIME OF THIS CODIFICATION

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    Manuel J. Maloof

    Chief Executive

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    Jean Williams

    Sherry Sutton

    Nathaniel Mosby

    Robert J. Morris

    John S. Fletcher, Jr.

    Annie S. Collins

    Robert E. Lanier

    Board of Commissioners

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    Albert Sidney Johnson

    County Attorney

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    David W. Joyner

    Director of Finance and Ex Officio Clerk

    of the Board of Commissioners

    PREFACE

    This Code constitutes a complete recodification of the ordinances of DeKalb County, Georgia of a general and permanent nature.

    Source materials used in the preparation of the Code were the 1976 Code, as supplemented through December 22, 1987, and ordinances subsequently adopted by the board of commissioners. 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 volume, the reader can locate any section of the 1976 Code, as supplemented, and any subsequent ordinance included herein.

    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. Footnotes 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 volume.

    Numbering System

    The numbering system used in this Code is the same system used in many state and municipal codes. Each section number consists of two component parts separated by a dash, the figure before the dash referring to the chapter number and the figure after the dash referring to the position of the section within the chapter. Thus, the second section of Chapter 1 is numbered 1-2 and the second section of Chapter 1 is 1-2. 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 place 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 1-2 and 1-3 is desired to be added, such new section would be numbered 1-2.1, 1-2.2 and 1-2.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 5 and 6, it will be designated as Chapter 5.5. 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.

    Indices

    The indices of the Code 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 local government officials and employees. There are numerous cross references within the index 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 Code to which the attention of the user is especially directed is the looseleaf system of binding and supplemental servicing for the publication. With this system, the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the appropriate 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.

    Successfully keeping 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 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

    The publication of this Code was under the direct supervision of Roger D. Merriam, Supervising Editor, and Ms. Laura Johnson, Code 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. David W. Joyner, Director of Finance, Ms. Joyce B. Eastman, Assistant Director of Finance, Mr. Albert Sidney Johnson, County Attorney, and Ms. Jann Shevin, Principal Staff Attorney, for their cooperation and assistance during the progress of the work on this Code. 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 county readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the county's affairs.

    MUNICIPAL CODE CORPORATION

    Tallahassee, Florida

    ORDINANCE NO. 89-41

    AN ORDINANCE TO ADOPT AND ENACT A NEW CODE FOR DEKALB COUNTY, GEORGIA; TO PROVIDE FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN; TO PROVIDE FOR THE RATIFICATION AND CONFIRMATION OF FEES AND TAXES; TO PROVIDE FOR THE MANNER OF AMENDING SUCH CODE; AND TO PROVIDE WHEN SUCH CODE AND THIS ORDINANCE SHALL BECOME EFFECTIVE.

    BE IT ORDAINED BY THE BOARD OF COMMISSIONERS OF DEKALB COUNTY, GEORGIA, and it is hereby ordained by authority of same:

    Section 1. The Code entitled "Code of DeKalb County, as Revised 1988" published by Municipal Code Corporation consisting of Chapters 1 through 26, each inclusive, is adopted.

    Section 2. All ordinances of a general and permanent nature enacted on or before December 27, 1988, 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. Notwithstanding section 2 above, Part 11, Chapter 2 of the 1976 DeKalb County Code, commonly called the "zoning ordinance," shall remain in full force and effect until such time as Chapter 27 of the 1988 code is duly adopted.

    Section 5. Notwithstanding section 2 above, all existing fees and taxes adopted pursuant to the 1976 DeKalb County Code are hereby ratified and confirmed.

    Section 6. Additions or amendments to the Code when passed in the form as to indicate the intention of the board of commissioners 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 7. Ordinances adopted after December 27, 1988, 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 8. Severability. If any section, sentence, clause, or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance.

    Section 9. Effective date. This ordinance shall be effective December 15, 1989.

    Section 10. Repealer. All laws and parts of laws in conflict with this ordinance are hereby repealed.

    Adopted by the DeKalb County Board of Commissioners, this 14th day of November, 1989.

    /s/
          Robert E. Lanier
          Presiding Officer
          Board of Commissioners
          DeKalb County, Georgia

       

    Approved by the Chief Executive Officer of DeKalb County, this 20th day of November, 1989.

    /s/
          Manuel J. Maloof
          Chief Executive Officer
          DeKalb County, Georgia

       

    ATTEST:

    /s/
          David W. Joyner,
          Ex-Officio Clerk,
          Chief Executive Officer and
          Board of Commissioners,
          DeKalb County, Georgia

       

    Approved as to Form:

    /s/
          Albert Sidney Johnson
          (Chief Staff Attorney)
          County Attorney