CODE OF ORDINANCES CITY OF WINDER, GEORGIA

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CHARTER, RELATED LEGISLATION
AND
GENERAL ORDINANCES OF THE CITY

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Published by Order of the Mayor
and Council

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Originally published 1982

Adopted December 7, 1982

Effective January 1, 1983

Republished May, 2002

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OFFICIALS
of the

CITY OF WINDER, GEORGIA
at the Time of this Codification

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John O. Mobley, Jr.
Mayor

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Donald Duke
Frank R. Dunagan
Howard E. Langford, Sr.
J. W. Sheridan
Gerald R. Sims
Royce Wells
City Council

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T. Penn McWhorter
City Attorney

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Ernie Graham
City Clerk

OFFICIALS
of the

CITY OF WINDER, GEORGIA
at the Time of this Republication

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A. Lamar (Buddy) Ouzts
Mayor

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Sonny Morris
Charlie Eberhart
Charles Haymon
Mike Mingus
Ridley Parrish
Billy Sheridan
City Council

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John E. Stell, Jr.
City Attorney

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Jane Skelton
City Clerk

CURRENT OFFICIALS
of the
CITY OF WINDER, GEORGIA

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David Maynard
Mayor

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Travis Singley

Michael Healan

Alfonza Brown

Ridley Parrish

Robert Dixon

Sonny Morris
City Council

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John E. Stell, Jr.
City Attorney

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April Plank
City Clerk

PREFACE

This Code is a codification of the ordinances of the City of Winder, Georgia, of a general and permanent nature. As expressed in the Adopting Ordinance, the Code supersedes all such ordinances not included therein or recognized as continuing in force by reference thereto.

The chapters of the Code are arranged in alphabetical order and the sections within each chapter are catchlined to facilitate usage. Footnotes which tie related sections of the Code together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within the Code volume is included at the back of this volume. The source of each section is indicated by 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 Table also appearing in the back of the volume, any ordinance included herein can be readily found in the Code.

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 representing the chapter number and the figure after the dash indicating the position of the section within the chapter. Thus, the first section of Chapter 1 is numbered 1-1 and the third section of Chapter 2 is numbered 2-3. 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 places, 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 8-2 and 8-3 is desired to be added, such new sections would be numbered 8-2.1, 8-2.2 and 8-2.3 respectively. New chapters may be included in the same manner. If the new material is to be included between Chapters 10 and 11 it will be designated as Chapter 10.5. 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 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 municipal officials and employees. There are numerous cross references within the indices which stand as guideposts to direct the user to the particular item in which he is interested.

Looseleaf Supplements

A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to the holders of the Code with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in Section 5 of the Adopting Ordinance.

The successful maintenance of 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 publishers 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 George R. Langford, President, and Milton E. Lefkoff, Editor, 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 publishers are most grateful to the City Attorney, Mr. T. Penn McWhorter, for his supervision, cooperation and interest during the progress of the work on this Code.

This Code is presented for the use and benefit of the citizens of the City of Winder, Georgia.

This Code has been republished in a different format at the direction of the city, and contains ordinances and amendments through March 15, 2002. This republication was under the direct supervision of Brian C. Taylor, Senior Editor, and Aline L. True, Accuracy Management Director, of the Municipal Code Corporation, Tallahassee, Florida.

MUNICIPAL CODE CORPORATION
Tallahassee, Florida

ORDINANCE NO. 6-W-82

AN ORDINANCE ADOPTING AND ENACTING A NEW CODE FOR THE CITY OF WINDER; ESTABLISHING THE SAME; PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; 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.

BE IT ORDAINED BY THE CITY COUNCIL OF WINDER AS FOLLOWS:

Section 1.  That the Code of Ordinances, consisting of Chapters 1 to 31, each inclusive, is hereby adopted and enacted as the "Code of Ordinances, City of Winder, Georgia," and shall be treated and considered as a new and original comprehensive ordinance which shall supersede all general and permanent ordinances passed by the Mayor and Council on or before February 2, 1982, to the extent provided in Section 2 hereof.

Section 2.  That all provisions of such Code shall be in full force and effect from and after January 1, 1983, and all ordinances of a general and permanent nature of the City of Winder, adopted on final passage on or before February 2, 1982, and not included in such Code or recognized and continued in force by reference therein, are hereby repealed from and after the effective date of such Code.

Section 3.  The repeal provided for in Section 2 hereof shall not affect any of the following:

(1)

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 the Code;

(2)

Any ordinance promising or guaranteeing the payment of money for the City, or authorizing the issuance of any bonds of the City or any evidence of the City's indebtedness;

(3)

Any contract or obligation assumed by the City;

(4)

Any right or franchise granted by the City;

(5)

Any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating or otherwise affecting any specific street or public way in the City;

(6)

Any ordinance relating to specific public improvements or assessments therefor;

(7)

Any ordinance establishing or prescribing grades for streets;

(8)

Any appropriation ordinance or ordinance providing for the levy of taxes or for an annual budget;

(9)

The zoning or subdivision ordinances of the City;

(10)

Any ordinance relating to the investment of municipal funds;

(11)

Any ordinance establishing the compensation or bond of municipal officers or employees, not inconsistent herewith;

(12)

Any ordinance dedicating or accepting any plat or subdivision in the City;

(13)

Ordinances pertaining to the boundaries of the City;

(14)

Any ordinance relating to or prescribing utility rates and fees of the City;

(15)

Any ordinance enacted after February 2, 1982.

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 which is repealed by this ordinance.

Section 4.  Any violation or failure to comply with any provision of such Code or committing any act or omission to act is declared to be an offense or unlawful, where no specific penalty is provided therefor, and shall be punished by a fine of not exceeding three hundred dollars ($300.00) or imprisonment not exceeding fifty (50) days or work on the public street or other public works not exceeding fifty (50) days or by any one or more of these punishments, in the discretion of the court.

Section 5.  Any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the Mayor and Council to make the same a part of such Code, shall be deemed to be incorporated in such Code, so that reference to such Code shall be understood and intended to include such additions and amendments.

Section 6.  That in case of the amendment of any section of such Code for which a penalty is not provided, the general penalty, as provided in Section 4 of this ordinance and in section 1-8 of such 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 7.  A copy of such Code shall be kept on file in the office of the City Clerk, preserved in looseleaf form, or in such other form as the City Clerk may consider most expedient. The City Clerk, from time to time upon instructions from the Mayor and Council, shall insert in their designated places all amendments or ordinances which indicate the intention of the Mayor and Council to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the Mayor and Council. This copy of such Code shall be available for all persons desiring to examine the same.

Section 8.  It shall be unlawful for any person to change, or amend, by additions or deletions, any part or portion of such Code, or to insert or delete pages, or portions thereof, or to alter or tamper with such Code in any manner whatsoever which will cause the law of the City of Winder to be misrepresented thereby. Any person violating this section shall be punished as provided in Section 4 of this ordinance.

Section 9.  All ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

Section 10.  This ordinance shall become effective on the First day of January, 1983.

Adopted this 7th of December, 1982.

Attest:
/s/ E. G. Graham III
City Clerk