Agenda Packet

Transcription

Agenda Packet

Nancy Harris, Mayor
Marsha Anderson Bomar, Post 1
Jim Dugan, Post 2
Billy Jones, Post 3
Kelly Kelkenberg, Post 4
Greg Whitlock, Post 5
COUNCIL MEETING AGENDA
MAYOR AND COUNCIL
CITY OF DULUTH, GA
3167 Main Street
Duluth, GA 30096
SEPTEMBER 14, 2015
CITY HALL - COUNCIL CHAMBERS
7:00 PM
The leaders and staff of the City of Duluth are dedicated to ensuring that Duluth is:
An Attractive Destination, a Quality Community, a World Class Government,
and promotes a Sustainable Economic Environment.
6:15 P.M. – AGENDA REVIEW WORK SESSION Main Street Conference Room
7:00 P.M. - CALL TO ORDER
Mayor Harris or Mayor Pro tem
Moment of Silence
PLEDGE OF ALLEGIANCE:
I.
ANNOUNCEMENTS
1. AGENDA CHANGES (IF NECESSARY)
2. UPCOMING EVENTS
"Fridays N Duluth"
September 18, 2015 - Food Truck Friday is on Main Street. Band: Montana Skies
Thursday, September 24, 2015 - Food Truck Friday is on Main Street. Band: Highbeams
*This event is being held on Thursday instead of Friday due to the Fall Festival. The number of Food Trucks will
be limited as well.
"Duluth Fall Festival Carnival" - September 24-27. For info: www.duluthfallfestival.com
"Duluth Fall Festival" - September 26 and 27. For info: www.duluthfallfestival.com
PLEASE NOTE: This and other city meetings may be audio and/or videotaped for broadcast, transcription and/or archival purposes. As set forth in the
Americans with Disabilities act (ADA) of 1992, the City of Duluth government does not discriminate on the basis of disability in the admission or
access to or treatment of employment in its programs or activities, and complies with the requirements contained in section 35.107 of the
Department of Justice regulations. Any requests for reasonable accommodations required by individuals to fully participate in any open meeting,
program, or activity of the City of Duluth government should be made seven days prior to the event. Inquiries should be directed to the ADA
Coordinator in the Planning Department, located at 3167 Main Street, Duluth, GA. 30096, telephone (770) 476-1790.
II.
M&C Agenda
September 14, 2015
Page 2 of 4
CONSENT AGENDA
1. APPROVAL OF AUGUST 10TH, 24TH, AND 31ST MINUTES
2. ORDINANCE TO AMEND THE DULUTH CODE – CHAPTER 4 – ANIMAL CONTROL
At the June 2015 work session, staff presented the issue of animal tethering within Gwinnett County's
proposed Animal Control Ordinance. Earlier this year, the Gwinnett County Board of Commissioners enacted a
new Animal Control Ordinance with specific changes to tethering requirements for animals. Since 1998, the
Gwinnett County Police Department-Animal Welfare Division has handled enforcement of animal related
issues within the City of Duluth. Gwinnett County Animal Welfare Division will require the City to adopt their
new ordinance in order to continue enforcement practices. At this time, the City does not have the ability or
manpower to handle animal control internally. Staff recommends that the Council adopt the updated County
Animal Control Ordinance and continue with the current system of County enforcement. Approval of this item
deletes in its entirety Chapter 4, Articles I and III of the Code of Ordinances and replaces with the 2015
Gwinnett County Animal Control Ordinance and amendment as attached.
3. ORDINANCE – CERTIFICATION OF NOVEMBER 2015 ELECTION RESULTS
During the candidate qualifying period for elected municipal offices set to expire in January 2016, which was
held from August 31, 2015 through and including September 2, 2015, only the incumbents qualified for their
respective offices. As there are no other candidates in the general municipal election scheduled for Tuesday,
November 3, 2015 and no write-in candidates have qualified, as provided by law, each such unopposed
candidate shall be deemed to have voted for himself or herself in accordance with O.C.G.A. § 21-2-285 and
O.C.G.A. § 21-2-291 and no election is required to be held. Therefore, Election Superintendent Teresa Lynn
shall certify the following results:
Nancy Harris
Kelvin “Kelly” Kelkenberg
Greg Whitlock
Incumbent
Incumbent
Incumbent
Mayor
Councilmember Post 4
Approval of this item certifies the results as presented and authorizes the Election Superintendent/City Clerk
to inform the affected electorate by advertising the election cancellation in the legal organ.
4. AUTHORIZATION FOR CONTRACT – PLEASANT HILL RD/BUFORD HWY – POND & CO
Approval of this item authorizes staff to move forward with a contract with Pond & Company to conduct
preliminary engineering and design associated with the Pleasant Hill Road/ Buford Highway landscaping
project (see attached scope of work and hourly rate chart). The proposed base fee is $195,000 with an
anticipated contingency for likely additional scope items of $55,000 for a total contract value of $250,000.
Additional contingency for unforeseen scope items is requested in the amount of $20,000, bringing the total
budget to $270,000. Total project budget is $1.2M. 20% will be from City ($240k) and 80% from GDOT
($960k). This is a SPLOST budgeted item; a CIP sheet is attached.
5. WAIVER REQUEST – 5K RUN – “SUGARLOAF TURKEY TROT”
Approval of this item waives signage fee and location requirements provided that the City Clerk and Public
Works Director are given a list of where signs will be erected throughout the City for promotion of the Annual
WCSCC (Women’s' Club of Sugarloaf Country Club) Charities Turkey Trot. This is an annual race with almost
400 runners attending and proceeds going to four Duluth charities. The Turkey Trot will be held the morning of
November 26th (Thanksgiving Day) at the Sugarloaf Country Club.
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M&C Agenda
September 14, 2015
Page 3 of 4
III.
PUBLIC HEARINGS
1. ORDINANCE TO AMEND DULUTH CODE– ADULT ENTERTAINMENT–CASE TA2015-01
The Mayor and Council to consider approval of an ordinance to amend Article XIV of Chapter 7 of the Duluth
Code of Ordinances pertaining to adult entertainment establishments. Specifically, this text amendment
updates the zoning classifications to reflect the changes implemented with the adoption of the Unified
Development Code. A staff report is attached.
The Planning Commission reviewed this item on August 17th and recommended City Council approval. The
draft meeting minutes from Planning Commission are also attached.
2. ORDINANCE TO AMEND UNIFIED DEVELOPMENT CODE– SIGNS –CASE TA2015-02
The Mayor and Council to consider an ordinance to amend Article 6 of the Unified Development Code (UDC)
pertaining to signs regulations. A staff report showing the red-lined changes and draft ordinance is attached.
IV.
NEW BUSINESS
1. ORDINANCES TO AMEND THE DULUTH CODE – CHAPTER 3 – ALCOHOL
The Mayor and Council to consider six ordinances amending Chapter 3 of the Duluth Code. Following review
by the Alcohol Board on July 8th and August 11th, Council considered 4 ordinance changes to Chapter 3 of the
Duluth Code concerning Distance requirements/definitions, outdoor alcohol sales, "housekeeping" items
related to the recent adoption of the Unified Development Code (UDC), and Gambling/Coin Operated
Amusement Devices during the July 27th work session. At that time, additional amendments were also
recommended to update the penalty provisions of the ordinance to provide flexibility/discretion at the
administrative level, clarify the qualifications for handling permit holders, and amend the "Red Zone event"
district to expand the western boundary to Hardy Street. Council reviewed these additional amendments on
August 24th. Attached are six ordinances amending Chapter 3 of the Duluth Code for formal approval.
2. AWARD OF BID/AUTHORIZATION FOR CONTRACT – 2015 STREET RESURFACING
The Mayor and Council to consider bid award for Milling, Patching and Resurfacing of City Streets. Staff
recently received two bids for the 2015 Milling, Patching and Resurfacing project on various streets within the
City. Two bids were received:
Stewart Brothers, Inc.
Base Bid - $586,768.95
Alternate - $87,050.38
C.W. Matthews
Base Bid - $589,820.57
Alternate - $103,150.78
After review, staff recommends awarding the Milling, Patching and Resurfacing bid (with contingency) to
Stewart Brothers, Inc. Funds for this project will come from 2014 SPLOST.
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V.
MATTERS FROM DEPT HEADS/CITY ATTORNEY
M&C Agenda
September 14, 2015
Page 4 of 4
1. ORDINANCE TO AMEND THE FY16 BUDGET - $15,568 – POLICE VEHICLES
The Mayor and Council to consider an ordinance to amend the FY16 budget. Based on Police Department
policies for vehicle retirement, 11 police vehicles were sent to auction in June of 2015. The vehicles were sold
and after commissions and fees the City received $15,568.75 from the auction company.
Due to the need to continue to maintain a vehicle fleet that is low maintenance and dependable, the police
department is requesting that $15,568 be added to the Police Vehicle - Consolidated Vehicle Maintenance Vehicles line item to be used to purchase another vehicle.
VI.
MATTERS FROM CITIZENS
VII.
MATTERS FROM COUNCIL
VIII.
MATTERS FROM CITY MANAGER
IX.
ADJOURNMENT
The next scheduled meeting of the Mayor and Council is a work session scheduled for Monday, September 28th
at 5:30pm in the Community Room of City Hall.
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MINUTES OF THE
MAYOR AND COUNCIL
DOWNTOWN DEVELOPMENT AUTHORITY
CITY OF DULUTH, GA
AUGUST 10, 2015
Mayor Harris called the Special Called Joint meeting of the Mayor and Council to order at 5:33 p.m. and
noted that a quorum of the Council present.
Present:
Council member Bomar, Jones, Dugan and Kelkenberg, (Councilmember Whitlock entered the
meeting at 6:00 p.m. due to weather and street closing.) City Manager, Department Directors, City
Attorney
DDA Chair Rob Ponder called the Special Called Joint meeting of the Downtown Development Authority to
order and noted a quorum was present.
Present:
Absent:
I.
DDA members, Garner, Smith, Weaver, Lindquist and Ganley
DDA member Osterloh
EXECUTIVE SESSION
Mayor Harris called for a motion to adjourn into a Joint Executive Session with the Downtown Development
Authority for the purpose to discuss pending/potential litigation, real estate and or personnel matters.
A motion was made by Council member Dugan, seconded by Council member Bomar to adjourn to a Joint
Executive Session with the Downtown Development Authority.
Those voting for:
Motion carried.
Council members Bomar, Dugan, Jones, and Kelkenberg
DDA Chair Ponder called for a motion to adjourn into a Joint Executive Session with the Mayor and Council for
the purpose to discuss pending/potential litigation, real estate and or personnel matters.
A motion was made by DDA member Garner, seconded by DDA member Lindquist to adjourn to Joint
Executive Session with the Mayor and Council at 5:33 p.m.
Those voting for:
Motion carried.
DDA members Garner, Ganley, Lindquist, and Ponder
DDA members Smith and Weaver arrived at 5:40 pm.
Councilmember Whitlock arrived at 6:00 pm.
After the discussion, Mayor called for a motion to adjourn into Special Called Joint Meeting at 6:40 pm.
Draft Minutes of the Spec Call M&C/DDA
August 10, 2015
Page 2 of 3
A motion was made by Whitlock, seconded by Council member Bomar to adjourn from Executive Session
into the Special Called Joint Meeting.
Those voting for:
Motion carried.
Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock
DDA Chair Ponder called for a motion to adjourn into Special Called Joint Meeting at 6:40pm.
A motion was made by DDA member Garner, seconded by DDA member Weaver to adjourn from Executive
Session into the Special Called Joint Meeting.
Those voting for:
Motion carried.
II.
Garner, Ganley, Lindquist, Smith, Weaver and Ponder
NEW BUSINESS
1. DEVELOPMENT AGREEMENT – CITY OF DULUTH, DDA, DREAMLAND RESTAURANTS
{A}
Consideration by the Mayor and Council and the Downtown Development Authority of a Development
Agreement between the City of Duluth, the City of Duluth Downtown Development Authority and Dreamland
BBQ Restaurants of Atlanta, Inc.
A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to approve the
Development Agreement between the City of Duluth, the City of Duluth Downtown Development Authority
and Dreamland Restaurants of Atlanta, Inc. as presented.
Those voting for:
Motion carried.
Being no further discussion, DDA Chair called for a motion.
A motion was made by DDA member Garner, seconded by DDA member Lindquist to approve the
Development Agreement between the City of Duluth, the City of Duluth Downtown Development Authority
and Dreamland Restaurants of Atlanta, Inc. as presented.
Those voting for:
Motion carried.
DDA members Garner, Ganley, Lindquist, Smith, Weaver and Ponder
2. INTERGOVERNMENTAL AGREEMENT –CITY/DOWNTOWN DEVELOPMENT AUTHORITY
{B}
Consideration by the Mayor and Council and the Downtown Development Authority of an Intergovernmental
Agreement between the City of Duluth and the City of Duluth Downtown Development Authority to transfer
real property on West Lawrenceville Street from the City of Duluth to the City of Duluth Downtown
Development Authority.
A motion was made by Councilmember Jones, seconded by Council member Dugan, to approve the
Intergovernmental Agreement between the City of Duluth and the City of Duluth Downtown Development
Authority as presented.
Those voting for:
Motion carried.
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Being no further discussion, DDA Chair Ponder called for a motion.
Draft Minutes of the Spec Call M&C/DDA
August 10, 2015
Page 3 of 3
A motion was made by DDA member Garner, seconded by DDA member Weaver, to approve the
Intergovernmental Agreement between the City of Duluth and the City of Duluth Downtown Development
Authority as presented.
Those voting for:
Motion carried.
3. PURCHASE AND SALE AGREEMENT – DDA/DREAMLAND RESTAURANTS
{C}
Consideration by the City of Duluth Downtown Development Authority of a Purchase and Sale Agreement
between the City of Duluth Downtown Development Authority and Dreamland Restaurants of Atlanta, Inc. for
the purchase of real property on West Lawrenceville Street.
A motion was made by DDA member Garner, seconded by DDA member Smith, to approve the Purchase and
Sale Agreement as approved and finalized by the DDA Attorney with Dreamland Restaurants of Atlanta, Inc.
as presented.
Those voting for:
Motion carried.
III.
ADJOURNMENT
Mayor Harris called for motion to adjourn.
A motion was made by Councilmember Kelkenberg, seconded by Councilmember Whitlock to adjourn at
6:50 p.m.
Those voting for:
Motion carried.
DDA chair Ponder called for motion to adjourn.
A motion was made by DDA member Lindquist, seconded by DDA member Garner to adjourn at 6:50 p.m.
Those voting for:
Motion carried.
DDA members Garner, Ganley, Lindquist, Smith,Weaver and Ponder
Approved this ___ day of
,2015.
____________________________
Mayor Nancy Harris
_____________________________
DDA Chair, Rob Ponder
ATTEST:____________________________
City Clerk, Teresa S. Lynn
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KM 8/11/15
DRAFT MINUTES OF THE
MAYOR AND COUNCIL
CITY OF DULUTH, GA
AUGUST 10, 2015
PRESENT:
Mayor Harris, Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock, City
Manager, Department Directors, City Attorney
Due to an earlier special called joint meeting with the DDA, there was no agenda review session prior to the
meeting. Mayor Harris called the meeting to order at 7:00 p.m.
INVOCATION:
Pastor Ashley Evans - Influencers Church Global
PLEDGE OF ALLEGIANCE
I.
ANNOUNCEMENTS
1. AGENDA CHANGES (IF NECESSARY)
2. UPCOMING EVENTS
“Fridays N Duluth”
August 14, 2015 - Food Truck Friday is on Main Street. Band: Bumpin' the Mango 6-9PM. Enjoy extended
hours with our new lighted, dancing interactive fountain! The fountain will stay on until 9 pm.
August 21, 2015 - Food Truck Friday is on Main Street. Band: TBA 6-9PM
Flicks on the Bricks: Blended (PG13) Movie starts at dusk!
August 28, 2015 - Food Truck Friday on Main Street. Band: TBA 6-9PM
September 4, 2015 - Food Truck Friday on Main Street. Band: TBA 6-9PM
Flicks on the Bricks: Guardians of the Galaxy (PG13) Movie starts at dusk!
"Summer Stage Concert" - August 15, 2015 - Yacht Rock Schooner 8-10PM
Enjoy great food, music and fun! Premium Tables are available at www.duluthga.net/events
II.
CEREMONIAL MATTERS
1. PROCLAMATION – TELEMUNDO EXCELLENCE AWARDS
Councilmember Whitlock announced that Telemundo Atlanta (WKTB), located in River Green Industrial park,
garnered 4 Emmy® Awards within the Television News and Program Specialty, Television Spot Announcements
Excellence and Television Special Achievement categories on June 6, 2015. Telemundo Atlanta was the only
Spanish-language station to have received Emmy® Awards for Excellence in Interactivity, Excellence in Cultural
Programming and Excellence in News Promotion categories from the Southeast Chapter of The National
Academy of Television Arts & Sciences. Susan OH, with Telemundo Atlanta was presented a proclamation for
this achievement.
Draft Minutes of the M&C
August 10, 2015
Page 2 of 5
2. PROCLAMATION – NATIONAL PAYROLL WEEK
Councilmember Kelkenberg announced on behalf of the Mayor and Council the week of September 7th -11th
2015 was National Payroll Week. On behalf of the Mayor and Council, Mayor Harris presented a proclamation
for “National Payroll Week” to Dolly Moses, John Hunt, CJ Easterling, Ella McDuffie, Becky Mulheron and
Stacey Semiara, members of the American Payroll Association, for September 7-11, 2015.
3. PROCLAMATION – CONSTITUTION WEEK
Council member Billy Jones recognized Betty Lynam representing the Daughters of the American Revolution
and announced on behalf of the Mayor and Council the week of September 17th through September 23, 2015
is Daughters of the American Revolution week. Mayor Harris presented a proclamation for “Constitution
Week” to Betty Lynam and members of the Daughters of the American Revolution.
4. DONATION – CITY YOUTH SCHOLARSHIP FUND/
Parks and Recreation Director Kathy Marelle announced that Brylee Anne Bradford, daughter of Duluth
residents, Marisa and Jeff Bradford was born with a rare form of muscular dystrophy known as Nemaline
myopathy. Marisa and Jeff Bradford are graduates of Duluth High School and reside in the community. They
are purple people! The desire of the community to establish an annual event to bring awareness to the
required care and challenges of the Bradford family as well as to the challenges of local families to provide
safe, healthy activities for the youth of the community, inspired Marisa, Jeff and Brylee to establish an annual
event known as “Brylee Bash In The Park”, the first Sunday in June at Bunten Road Park. The event included a
5K race, BBQ, silent auction by the teachers of Chattahoochee Elementary, bake sale by the teachers of
Berkeley Lake Elementary and a Duluth alumni basketball game. Due to the success of the event, Brylee Anne
Bradford generously donates a percentage of the proceeds to the Duluth Parks and Recreation Youth
Scholarship fund to provide opportunity for local youth to “Capture the Spirit of Play”. The City of Duluth
recognizes Brylee Anne Bradford for her community support in awarding her “The Spirit of Good Living” Award
for her efforts in providing recreational opportunities for the youth in Duluth.
The Bradford Family presented to the City a check in the amount of $4,000 to be allocated to the City’s Parks
and Recreation Youth Scholarship Fund.
III.
CONSENT AGENDA
1. APPROVAL OF JULY 7th, 13th, 14th, & 27th MINUTES
2. ACCEPTANCE OF DONATION - $250,000 - FALL FESTIVAL
The Fall Festival Committee has donated $250,000 to the City of Duluth for improvements to the plaza area in
The Block capital project. The majority of these improvements are included in the contract Council awarded to
CBI General Contractors on July 27, 2015. The remaining funds are for plaza archway signage that was not
included in the above contract and will be bid separately. Approval of this item accepts the donation for The
Block plaza improvements.
A motion was made by Councilmember Kelkenberg, seconded by Councilmember Dugan, to approve the
Consent Agenda as presented.
Those voting for:
Motion carried.
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August 10, 2015
Page 3 of 5
IV.
MATTERS FROM DEPT HEADS/CITY ATTORNEY
1. ORDINANCE TO AMEND THE FY15 BUDGET - $ 144,644 - TRANSFER TO GENERAL FUND
{A}
Finance Manager, Ken Sakmar came forward requesting the Mayor and Council considered an ordinance to
amend the FY15 budget. The City of Duluth utilizes a Municipal Court (Agency) fund to receipt all court fines
and cash bonds. State mandates and Duluth ordinance add-on fees are then paid out of the fund and the
remaining balance is transferred to the General Fund. In other words, the fund is a pass through fund. It
receipts fines, issues payments to others and then transfers the remaining balance out to another fund.
FY2015 court fines and cash bond payments into the fund have been slightly greater than budgeted. For this
reason, staff is requesting that council consider a budget amendment to this fund adding $146,644 to the
Bonds & Forfeitures revenue line item and also to the Municipal Court - Transfer to Fund 100 expenditure line
item.
A motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to approve the
ordinance to amend the FY15 budget as presented.
Those voting for:
Motion carried.
2. ORDINANCE TO AMEND THE FY16 BUDGET - $1,597,392 THE BLOCK
{B}
Finance Manager, Ken Sakmar requested the Mayor and Council to consider an ordinance to amend the FY16
budget. At the July 27th Special Called Meeting of the Mayor & Council, Council voted to award two contracts
for The Block capital project. The first contract, with contingency, totaling $2,597,481 was awarded to CBI
General Contractors for construction of the plaza and parking areas. The second contract totaling $14,000 was
awarded to Hill, Foley, Rossi for project construction administration.
Council then received a brief presentation from staff on the current funding for The Block and the proposed
sources and uses for the above contracts. Staff also informed Council that it would be necessary to place both
a budget amendment and line item transfer request on the next council agenda to fund The Block
construction.
Staff is requesting that a budget amendment be approve to added $319,420 in unallocated 2014 SPLOST
Infrastructure funds, $1,027,972 in unallocated 2014 SPLOST Parking funds and the $250,000 donation from
the Fall Festival Committee to The Block capital project (CD-64). In addition, $1,583,392 will be added to the
Downtown Development - Site Improvement expenditure line item and $14,000 will be added to the
Downtown Development - Professional Services line item. CIP sheets are attached.
A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to approve the
ordinance to amend the FY16 budget as presented.
Those voting for:
Motion carried.
3. LINE ITEM TRANSFER - $370,000 –DAVENPORT/BUFORD MEDIANS
Finance Manager Ken Sakmar explained that at the July 27th Work Session, staff updated Council on the status
of the Buford Highway Medians capital project. 90% plans have been submitted to GDOT for review. GDOT is
holding the plans until right-of-way (ROW) acquisition is near completion and utility agreements are drafted.
The project designer is drafting the utility agreements.
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August 10, 2015
Page 4 of 5
Funding for ROW acquisition, which is not currently included in the capital project budget, is being requested
in order to complete the next phase in the project. The total cost is $370,000, which includes $50,000 for
acquisition services and $320,000 for ROW acquisition. Funding will be accomplished through the transfer of
$370,000 in 2014 SPLOST funds from the Davenport Road Extension (CD-55) to Buford Highway Medians (CD60). In addition, $50,000 will be added to the Traffic Engineering - Professional Services expenditure line item
and $320,000 will be added to the Traffic Engineering - Site Improvements expenditure line item.
Councilmember Jones said that he is not convinced this project is worth the dollar value being spent;
Councilmember Kelkenberg agreed.
Councilmember Bomar noted that a large portion is being paid with grant money, and asked for clarification on
the breakdown. Finance Manager Ken Sakmar and CD Director Nick Colonna confirmed that approximately
$450,000 is grant funding from GDOT and is not re-assignable to another project. Councilmember Bomar
agreed that the project seemed costly but noted that this area is the “gateway” to our City, and as such, it
should make a statement.
Councilmember Whitlock also mentioned that the City’s goal is to redevelop Buford Highway, and also provide
better traffic control and safety. He feels that it is not just a median project, but a long-term investment in the
area.
A motion was made by Councilmember Bomar, seconded by Councilmember Whitlock, to approve the line
item transfer as presented.
Those voting for:
Those voting against:
Motion carried.
Council members Bomar, Dugan, and Whitlock
Council members Jones and Kelkenberg
4. LINE ITEM TRANSFER - $989,090 - SR120/ BLOCK & DAVENPORT TO SR120
Finance Manager Ken Sakmar explained that at the July 27th Special Called Meeting of the Mayor & Council,
Council received a brief presentation from staff on the current funding for The Block and the proposed sources
and uses of funds for construction of the plaza and parking areas. In the presentation, it was explain that 2014
SPLOST funds of $989,090 will need to be transferred between the SR120 Realignment, The Block and the
Davenport Road Extension capital projects to funds The Block plaza and parking improvements and funds the
SR120 Realignment road construction.
Staff is requesting that $989,090 in 2014 SPLOST Infrastructure funds previously transferred to the SR120
Realignment capital project be transferred to The Block capital project and added to Downtown Development Site Improvements line item. In addition, staff is requesting that $989,090 in 2014 SPLOST Transportation
funds be transferred from the Davenport Road Extension capital project to the SR120 Realignment capital
project and added to Paved Streets - Infrastructure line item.
A motion was made by Councilmember Dugan, seconded by Councilmember Kelkenberg to approve the line
item transfer as presented.
Those voting for:
Motion carried.
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August 10, 2015
Page 5 of 5
V.
MATTERS FROM CITY MANAGER
1. Week of August 24th: Public comments are encouraged on transportation issues during the “Great
Exchange.” People will be asked to text surveys, etc. Council member Bomar hosting a meeting
Tuesday.
2. The Intergovernmental Agreement was received today for the Gwinnett County Public Library, for the
Duluth Branch relocating downtown.
3. City of Stockbridge hosting a retreat, visiting Duluth and meeting with staff on redevelopment.
4. City Project web pages will be updated to include recent decisions/actions.
5. 2015 Tax Digest was received and staff is making preparations for billing.
VI.
ADJOURNMENT
A motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to adjourn at 7:30
p.m.
All for. Motion carried unanimously.
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WORK SESSION NOTES
MAYOR AND COUNCIL
CITY OF DULUTH, GA
AUGUST 24, 2015
PRESENT:
I.
Mayor Harris, Council members Bomar, Dugan, Jones, Kelkenberg and Whitlock, City
Manager, Department Directors, Deputy Clerk Kristin McGregor, Finance Manager Ken
Sakmar, Economic Development Manager Chris McGahee, IT Manager Jeff Pruett, Marking
Manager Alisa Williams, City Attorney
PUBLIC COMMENTS
None.
II.
DISCUSSION ITEMS
1. MAIN STREET PHASE II REVISED PARKING
Community Development Director Nick Colonna came forward to explain that Main Street Phase II parking was
originally proposed in the Norfolk Southern Railroad right-of-way and along Main Street, on the southeast side of the
road. The railroad declined the City's request to construct this parking. The City looked at other options for parking
and asked Tunnell Spangler Walsh to develop a concept that proposed parking along the northwest side of Main
Street, adjacent to the Monarch school property. After a two-month review period, the City received the school
board's approval to move forward with these plans. The City also received Norfolk Southern's concurrence on the
revised design although coordination will still be required for drainage and right-of-entry on their property.
In the new proposed concept, 36 angled parking spaces are configured along the Monarch School side of the road.
(The original plan had 32 gulch spaces and 35 angled roadside spaces for a total of 67.) The construction is partially
within the Main Street/RR right-of-way, and partially on school property. Staff requested the school donate the
right-of-way so the parking could be maintained by the City and the school said they were open to this.
The original Phase II construction cost was $936,000. The estimated cost for the new configuration is $60,000 for
design and $777,000 for construction. (These figures were estimated by the designer, not the contractor.) The new
total Phase II cost is $837,000 with a savings of $99,000 to be held in contingency until project completion. Plans
would take approximately 4 months to develop and the contractor may need a time extension to complete the
construction.
Councilmember Jones noted that although there was a savings in the cost of the project, the cost “per space”
represents a significant increase. Councilmember Bomar questioned the size of the spaces and noted that, in her
opinion, the development for this should not take four months. Council also asked for clarification on where the
sidewalks would be, and also the tree removal. City Manager James Riker noted that the trees that were removed
were part of the 120 project, not Phase II. Staff confirmed that nothing further will happen with this phase before
the Fall Festival.
Staff was authorized staff to move forward with revised Main Street Phase II option.
Minutes of M&C/Work Sess Sp Called
August 24, 2015
Page 2 of 4
2. REMOTE MEETING PARTICIPATION
City Manager James Riker explained that, on several occasions, staff has been asked to provide offsite access
for a member of Council to participate in a scheduled meeting. City Attorney Stephen Pereira stated that there
are restrictions in State law for addressing this situation. He noted the meetings would not be a
“teleconference” per se, but rather giving an individual staff member the opportunity to participate remotely if
1) they were physically out of the jurisdiction on meeting day, or 2) they were too ill to attend in person. In
either case, state law limits such remote participation to 2 meetings per calendar year per elected official.
Staff requested direction on creating a policy on remote meeting participation and researching related
technology costs on this matter. Would council want to allow participation for:
• Regular session
• Work sessions
• Executive Session
• All other meetings (DDA, Planning Commission, ZBA, DPAC, etc.)?
A second question was posed regarding technology considerations, to provide:
• Audio only
• Visual - See the proceedings
• View the screen material live?
The impact to budget would depend on which direction Council wanted to pursue.
Councilmember Whitlock also suggested that the process for the meeting could be changed to allow the remote
attendee to be given specific or designated time to comment, to avoid sound interference or other obstacles.
Council wanted to restrict this to Council meetings and Council work sessions at this time, and asked staff to explore
the most cost effective options first. There was a split decision regarding whether or not to allow access for executive
sessions, which can be addressed at a later date. For now, it was suggested to trying a pilot program providing
remote access through WebEx and telephone for the August 31st work session, without video of the meeting itself,
and for the IT Manager to be the party who tests it remotely. (Postponed by City Manager on 8/31.)
3. ORDINANCE TO AMEND ARTICLE 3 OF THE DULUTH CODE – ALCOHOL
At the July 27th work session, Council considered changes to Chapter 3 of the Duluth Code concerning Distance
requirements/definitions, outdoor alcohol sales, "housekeeping" items related to the recent adoption of the
Unified Development Code (UDC), and Gambling/Coin Operated Amusement Devices.
Since that time, additional amendments were recommended to update the penalty provisions of the
ordinance, and the Alcohol Board reviewed them on August 11th. Council's comments from the July 27th
meeting were also presented. Attached is an updated ordinance for consideration that addresses penalties
which provide flexibility/discretion at the administrative level, further clarifies the qualifications for handling
permit holders, amends the "Red Zone event" district to expand the western boundary to Hardy Street, and
changes the defining number of board members necessary to constitute a quorum.
As mentioned by Council during the last work session, staff also asked for clarification on whether a majority of
Council would like further research on BYOB/Corkage fees and allowing consumption on premises licensees to
sell package beer/wine (which provision would change distance requirements) for review at the next Alcohol
Board meeting. Both practices are permitted by the State but prohibited by our current ordinance.
2
August 24, 2015
Page 3 of 4
Concerns were raised regarding the ten-year penalty period, which would also include some misdemeanor
charges of a certain nature. Additionally, the red zone should be extended to within a certain distance of the
edge of the tracks, not tied to the right-of-way which fluctuates and is too difficult to determine.
Staff and the City Attorney were directed to make some changes based on current conversation and place on
the September agenda along with previous ordinances. The changes should also include a provision that
violators of unlawful sales to minors must re-take the City’s Alcohol Awareness class. Staff was also directed to
review the BYOB/corkage information and present to Alcohol Board at next available meeting, but not to
pursue package sales by consumption on premise licensees.
III.
PRESENTATION
1. SCOTT HUDGENS PARK/RIVER GREEN - PROJECT UPDATE
At the June 22nd work session Council authorized staff to move forward with design/construction plans for the Scott
Hudgens Park Improvements. The project includes park circulation, signage, park entrance, emergency turn around,
and designated parking.
Parks Director Kathy Marelle noted that the project plans are 60% complete. The current budget is estimated at
$602,715 including a 9% contingency. Staff will meet with the soccer board to discuss the project timing on
September 9th. To advertise, award the bid, and work around the park usage, the current estimate to start
construction would be May of 2016.
IV.
MATTERS FROM COUNCIL
1. DULUTH PUBLIC ARTS – NEA “OUR TOWN” GRANT DEVELOPMENT PROPOSAL REQUEST
{A}
Councilmember Bomar asked Council to consider enlisting the services of Capital Partnerships to complete a national
grant application for up to $250,000 which requires a match. She explained that the requirements of the application
are far beyond our capacity, and asked for permission utilize outside professional services at a cost of $9,000 with
funding to come from available Community Development funds originally allocated to the Economic Development
budget. Should we receive the grant, DPAC plans to raise the matching funds required and she does not anticipate
requesting any further money from the general fund.
Council supported the concept but cautioned against committing to unspecified spending for grant match.
Councilmembers Jones and Whitlock felt it was important to not set a precedent for expending general funds.
Councilmember Bomar also mentioned that if DPAC has the ability to repay the $9,000 they would attempt to do
that.
2. “GREAT EXCHANGE” TRANSPORTATION SURVEY
City Manager James Riker reported that this survey, which has been circulated county-wide, is going to be utilized to
evaluate long-term transportation solutions in the County. Councilmember Bomar is also hosting events and
discussions in her home to discuss this topic in a personal setting. There is also a meeting being hosted at the
Aurora.
3. AUGUST 31ST SPECIAL CALLED MEETING/AGENDA
City Manager James Riker reported that next Monday will be a voting meeting to discuss the sign moratorium,
followed by a training session on the Unified Development Code.
3
August 24, 2015
Page 4 of 4
4. DREAMLAND
City Manager James Riker reported that demolition activity could be happening as soon as the end of this week.
Mayor Harris asked that a story be written and circulated prior to demolition.
V.
ADJOURNMENT FROM WORK SESSION
SPECIAL CALLED MEETING MINUTES
MAYOR AND COUNCIL
Mayor Harris called the meeting to order at 7:05 p.m.
I.
EXECUTIVE SESSION – PENDING/POTENTIAL LITIGATION, REAL ESTATE, PERSONNEL
It was necessary to enter into an Executive Session to discuss pending/potential litigation, real estate and or
personnel matters, which is properly excluded from the Georgia Open and Public Meeting Law (O.C.G.A. 50-14).
A motion was made by Councilmember Whitlock, seconded by Councilmember Dugan, to adjourn to
executive session at 7:07 p.m.
Those voting for:
Motion carried.
After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember Jones, to
return to regular session at 7:43 p.m.
Those voting for:
Motion carried.
II. ADJOURNMENT
A motion was made by Councilmember Bomar, seconded by Councilmember Kelkenberg, to adjourn at7:43
p.m.
All for. Motion carried unanimously.
4
DRAFT MINUTES
MAYOR AND COUNCIL
CITY OF DULUTH, GA
AUGUST 31, 2015
PRESENT:
Mayor Harris, Council members Bomar, Kelkenberg and Whitlock, City Manager, Department
Directors, City Attorney
ABSENT:
Council members Dugan and Jones
Mayor Harris called the meeting to order at 5:30 p.m.
I.
NEW BUSINESS
1. RESOLUTION - MORATORIUM RELATING TO ISSUANCE OF SIGN PERMITS
{A}
Staff held a discussion with Council on the current moratorium.
A motion was made by Council member Whitlock, seconded by Council member Bomar, to approve a
resolution extending the moratorium through and including September 14, 2015.
Those voting for:
Motion carried.
II.
Council members Bomar, Kelkenberg and Whitlock
EXECUTIVE SESSION
Mayor Harris announced and called for a motion to adjourn into an executive session for the purpose to
discuss Real Estate, Pending/Potential Litigation, and or Personnel matters.
A motion was made by Councilmember Kelkenberg, seconded by Councilmember Bomar, to adjourn to
executive session at 5:35 p.m.
Those voting for:
Motion carried.
After the discussion, a motion was made by Councilmember Bomar, seconded by Councilmember
Kelkenberg, to return to regular Special Called session at 6:38 p.m.
Those voting for:
Motion carried.
Minutes of the Spec Call M&C meeting
August 31, 2015
Page 2 of 2
III.
NEW BUSINESS – CONTINUED
1. REAL ESTATE PROPERTY ACQUISITION – 6-249-038 and 6-249-200
City Attorney Stephen Pereira explained that the City received an offer to purchase approximately 1.90 acres
for Right of Way and easements for the Hospital Connector Project in the amount of $280,000.
A motion was made by Councilmember Whitlock, seconded by Councilmember Kelkenberg, to authorize the
purchase of approximately 1.90 acres located in land lot 249 of the 6th District known as tax I. D. number 6294-200 and 6-294-038 for right of way for the hospital connector project in an amount not to exceed
$280,000 including necessary permanent and construction easements. To further authorize the Mayor, City
Manager and Director of Planning and Community Development to execute all necessary documents to
complete the transaction.
Those voting for:
Motion carried.
IV.
Councilmembers Bomar, Kelkenberg and Whitlock
ADJOURNMENT
A motion was made by Councilmember Kelkenberg, seconded by Councilmember Bomar, to adjourn at 6:40
p.m.
Those voting for:
Motion carried.
_________________________
Mayor Nancy Harris
ATTEST: __________________________
Teresa S. Lynn, City Clerk
2
ADOPTION OF THE
GWINNETT COUNTY ANIMAL CONTROL ORDINANCE BY REFERENCE
AS A DULY ADOPTED ORDINANCE OF
THE CITY OF DULUTH
WHEREAS the City of Duluth is a municipal corporation with its corporate boundaries
wholly located within Gwinnett County;
WHEREAS the City of Duluth and Gwinnett County have entered into various agreements
concerning the joint and separate delivery of services to those living within the corporate
boundaries of the city;
WHEREAS the City of Duluth and Gwinnett County have agreed that the Gwinnett County
Animal Control will have authority to operate and enforce regulations within the corporate
boundaries of the city;
WHEREAS Gwinnett County adopted new regulations governing and regulating animals in
March of 2015 and June of 2015;
WHEREAS the City of Duluth desires that those regulations be adopted and enforced as a
duly adopted ordinance of the city by Gwinnett County and its animal control unit.
NOW THEREFORE, the city council of the City of Duluth hereby ordains that the Code of
Ordinances of the City of Duluth shall be amended as follows:
By deleting Articles I and III of Chapter 4 in their entireties and replacing them with Article I
entitled Animal Control, which shall appear and read as follows:
Article I. Animal Control
Sec.
4-1. Adoption of Gwinnett County Animal Control Ordinance
The city council adopts and incorporates by reference the Animal Control Ordinance,
Chapter 10 of the Gwinnett County Code of Ordinances, as may be amended from time to time, for
the purpose of prescribing regulations governing animals, including dangerous dogs and
responsible dog ownership, the same is adopted and incorporated as fully as if set out at length
herein, and from the date on which this chapter shall take effect, the provisions thereof shall be
controlling within the corporate limits of the City.
Sec.
4-2. Enforcement and fees.
The city has entered into agreements with Gwinnett County in accordance with the Service
Delivery Strategy statutes providing permission and authority to the County to provide animal
control services within the corporate boundaries of the City. Additionally, the city hereby
authorizes Gwinnett County and the Gwinnett County Animal Control unit to enforce the animal
control ordinance, as adopted in Section 14-26, to set and collect fees, retain any and all such fees,
and to enforce the ordinance in the county’s Recorder’s Court or other such court as may have
jurisdiction of the enforcement of said duly adopted ordinances.
IT IS SO ORDAINED this
day of
, 2015.
_____________________________
Mayor Nancy Harris
Those councilmembers voting in favor:
_____________________________
Marsha A. Bomar
_____________________________
Jim Dugan
______________________________
Billy Jones
______________________________
Kelly Kelkenberg
______________________________
Greg Whitlock
Those councilmembers voting in opposition:
______________________________
______________________________
______________________________
ATTEST:_________________________
Ordinance N u m b e r AC-2015
G C I D : 2015-0165
GWINNETT COUNTY
BOARD OF COMMISSIONERS
LAWRENCEVILLE, GEORGIA
O R D I N A N C E E N T I T L E D : Animal Control Ordinance
R E A D I N G A N D A D O P T I O N : March 17, 2015
A t the regular meeting o f t h e Gwinnett County Board of Commissioners held in the
Justice and Administration Center, Auditorium, 75 Langley Drive, Lawrenceville, Georgia.
Name
Charlotte Nash, Chairman
Jace Brooks, District 1
Lynette Howard, District 2
Tommy Hunter, District 3
John Heard, District 4
Present
Vote
Yes
Yes
Yes
Yes
Yes
Aye
Aye
Aye
Aye
Nay
On motion of Commissioner Hunter, which carried 4 - 1 . the Code of Ordinances of
Gwinnett County is hereby amended by repealing Chapter 10 o f t h e Gwinnett County Code of
Ordinances, entitled "Animals" and amendments thereto and replacing it with a new Chapter
10 entided "Animals."
W H E R E A S , pursuant t o Article IX, Section II, Paragraph III o f t h e Constitution o f t h e
State of Georgia, Gwinnett County has the authority t o regulate animals; and
W H E R E A S , the Official Code of Georgia Annotated § 36-1-20 authorizes counties to
adopt ordinances for the governing and policing of the unincorporated areas of the county; and
W H E R E A S , Gwinnett County adopted an ordinance governing animals on January 16,
2007 and amended the ordinance on August 18, 2009; and
W H E R E A S , since the adoption of the 2007 Animal Control ordinance, the Georgia
General Assembly enacted "The Responsible Dog Ownership Law" related to dangerous and
vicious dogs; and
G C I D : 2015-0165
W H E R E A S , the Gwinnett County Animal Advisory Council has reviewed the 2007
Animal Control Ordinance as amended and recommended certain changes to address citizen
requests and certain enforcement issues; and
W H E R E A S , staff has reviewed and revised the Gwinnett County Animal Control
Ordinance to ensure compliance with "The Responsible Dog Ownership Law" and t o address
the recommendations o f t h e Gwinnett County Animal Advisory Council; and
W H E R E A S , staff also reviewed and revised the entire Gwinnett County Animal
Control
Ordinance t o
update the ordinance
in accordance with
current
policies and
procedures; and
W H E R E A S , staff submitted its ordinance revision recommendations to the Gwinnett
County Animal Advisory Council; and
W H E R E A S , the Gwinnett County Animal Advisory Council recommended approval of
the revisions to the Gwinnett County Animal Control Ordinance; and
W H E R E A S , the Gwinnett County Board of Commissioners finds that the revised
Gwinnett County Animal Control Ordinance safeguards the public health, safety, and general
welfare o f t h e citizens within Gwinnett County; and
W H E R E A S , the Gwinnett County Board of Commissioners finds that adoption of the
revised Gwinnett County Animal Control Ordinance is in the best interest of the residents of
Gwinnett County; and
N O W , T H E R E F O R E , BE I T O R D A I N E D that the Gwinnett County Board of
Commissioners hereby repeals Chapter 10 of the Gwinnett County Code of Ordinances,
entided "Animals" and all amendments thereto and replaces them with a new Chapter 10 of
G C I D : 2015-0165
the Gwinnett County Code of Ordinances, entitled "Animals" which is attached hereto as
Exhibit A.
N O W , T H E R E F O R E , BE I T F U R T H E R R E S O L V E D that this ordinance shall be
effective on July 1, 2015.
BE I T F U R T H E R R E S O L V E D that all ordinances, regulations or parts o f t h e same in
conflict with this Resolution are hereby rescinded to the extent of said conflict.
G W I N N E T T C O U N T Y BOARD OF COMMISSIONERS
Charlotte J. Nash,
Date Signed: (Tl/7,^r_V-
ATTEST:
By:
leriTP
Diane Kemp, County Cl
APPROVED AS TO FORM:
By: iL^/u A heresa Cox, Senior Assistant County Attorney
Q^irman
ol3^
3 ^
&
Ordinance N u m b e r AC-201 5
G C I D : 2015-0165
Exhibit A
Chapter
10-ANIMALS
A R T I C L E I. - A N I M A L C O N T R O L G E N E R A L L Y
Sections lO.I - 10-25. - R e s e r v e d
S e c . 10-26. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings
ascribed to them in this section, except where the context clearly indicates a different meaning:
Abondon means the act of placing an animal on public property or within a public building,
unattended or uncared for, or on o r within the private property of another without the
express permission of the owner, custodian or tenant of the private property. An animal shall
also be considered abandoned when it has been unattended and without adequate food, water,
ventilation or shelter, for a period in excess of 36 hours, regardless of where such animal may
be found or kept.
Adequate food means sufficient quantity of non-contaminated and nutritionally healthy
sustenance that is appropriate to the species, breed, size, age and health o f t h e animal, or at the
direction of a licensed veterinarian, which is sufficient to prevent starvation, malnutrition, or
risk to the animal's health. Garbage, spoiled, rancid, or contaminated food is not adequate food.
Adequote shelter means a protective covering for an animal that is of adequate size and provides
adequate protection to maintain the animal in a state of good health, and that prevents pain,
suffering, or significant risk to the animal's health. Adequate shelter shall consist of a completely
enclosed structure with four sides with a door opening, a constructed floor, and a roof. It
should also be clean, dry and compatible with current weather conditions, in addition to age,
size, species and condition o f t h e animal. The structure should be of sufficient size to allow the
animal to stand, turn around, lie down and go in and out o f t h e structure comfortably. To be
adequate, some type of bedding that is quick drying, such as hay or pine straw, must be
provided to maintain comfortable temperatures within the structure during times when the
ambient, outside temperature is below freezing. In addition, the structure shall include a heavy
plastic or rubber flap t o cover the door and/or window openings during the months of
November through March. From April through October, the structure shall either be shaded
or moved out of direct sunlight. If the shelter is made of wood, it shall be raised at least two
inches off the ground to prevent seepage or rotting. Examples of inadequate shelter include, but
are not limited to, lean-tos, metal or plastic drums, boxes, abandoned vehicles, porches, decks,
or material that does not provide sufficient protection from the elements.
Adequate space means a sufficient safe space for adequate exercise suitable t o the age, size,
species and breed of animal. For dogs, adequate space will be based on the size o f t h e dog. The
G C I D : 2015-0165
determination of size will be a visual estimation; an exact weight using a scale is not required.
Adequate space for dogs shall be as follows:
Weight O f Dog In Pounds
Minimum Total Square Footage Of Enclosure
Up t o 30 pounds
120 square feet
31 - 60 pounds
150 square feet
Over 60 pounds
250 square feet
Adequote woter means clear, drinkable water in adequate supply. Examples of inadequate water
include, but are not limited to: snow, ice and rancid/contaminated water.
Animal control board means the county board of health or any board constituted and appointed
by the board of commissioners to perform the duties o f t h e animal control board under this
article.
Animal control facility means and includes any vehicle, building, structure, pasture, paddock, pond,
impoundment area or premises where any animal is kept or housed by the animal control unit
for the purpose of impounding o r harboring stray, homeless, abandoned, unwanted, neglected
or abused animals.
Animal control officer means an employee of the animal control unit duly sworn under the legal
authority o f t h e county t o enforce the rules and regulations of this article.
Animal control unit means the division of animal control within the department of police services
responsible for the enforcement of this article.
Cruelty means causing death or unjustifiable pain or suffering to an animal by an act, an omission,
or neglect.
Dongerous dog means any dog that:
(A) Causes a substantial puncture of a person's skin by teeth without causing serious
injury; provided , however, that a nip, scratch, or abrasion shall not be sufficient to
classify a dog as dangerous under this subparagraph; or
(B) Aggressively attacks in a manner that causes a person t o reasonably believe that the
dog posed an imminent threat of serious injury to such person or another person
although no such injury occurs; provided, however, that the acts of barking,
growling, or showing of teeth by a dog shall not be sufficient t o classify a dog as
dangerous under this section;
(C) While off the owner's property or not under control, kills o r injures a pet animal;
provided, however this subparagraph shall not apply where the death of such pet
animal is caused by a dog that is working or training as a hunting dog, herding dog.
G C I D : 2015-0165
or predator control dog and the owner has upon him a valid hunting license and
proof of vaccinations.
Dog control officer means the county police chief or his designee.
Dogs running at-large means any dog not under immediate control, not on a leash, not at heel,
not beside a competent person, not in a vehicle driven or parked, or not confined within the
property limits of his owner. Hunting and tracking dogs are under the control o f t h e owner
when hunting with the landowner's permission.
Domestic animal means an animal that, through long association with humans, has been adapted
to human living conditions.
Eligible Litters means a group of t w o or more animals born at the same time, from the same
mother, that are under six months of age and their ownership is not known.
Guord or protection dog means any dog trained for the purpose of protecting individuals from
assault and/or preventing property loss or damage.
Impoundment means the act of taking physical possession and control of an animal by an animal
control officer or other officer empowered to act by law and transporting it to the animal
control facility.
Livestock means and includes horses, cows, goats, pigs or any other hoofed animal used for
pleasure or profit. Fowl and rabbits are expressly included within this definition.
Necessary veterinary care means veterinary medical attention appropriate to the circumstances,
whenever an animal is known o r suspected to have suffered an injury, accidental or deliberate,
or exhibits signs of disease process such as shock, temperature fluctuation, tremors, swelling,
broken bones, open wounds, inability t o eat or drink, blistering, irregular or abnormal
breathing, partial o r total paralysis, abnormal discharge or bleeding, mange, or other signs of
health problems.
Owner means any person, firm, corporation, partnership, association, and/or other legal entity,
who or which owns, possesses, harbors, keeps, feeds, maintains, o r knowingly causes or
knowingly permits an animal t o be harbored or kept, or has an animal in his care, or who
permits an animal to remain on or about his premises. In the case of an animal owned by a
minor, the term " o w n e r " includes the parents or person in loco parentis with custody o f t h e
minor. W i t h o u t limiting the generality of the foregoing, any adult at whose residence a
dangerous dog or potentially dangerous dog is kept or found shall be presumed to be an owner
of such dog and shall have the burden of rebutting such presumption. If an animal has more than
one owner, any one of such owners may be prosecuted for violations whether or not any other
owners are also prosecuted.
Po/;ce officer means any law enforcement officer empowered t o make arrests or cause to be
issued summonses in unincorporated areas of this county.
G C I D : 2015-0165
Proper enclosure means an enclosure that meets all o f t h e following criteria:
(1) A structure which is suitable to prevent the entry of young children and t o prevent the
dog from escaping;
(2) A structure with secure sides and a secure top attached t o all sides.;
(3) A structure whose sides are so constructed at the bottom so as to prevent the dog's
escape by digging under the sides. The sides must either be buried t w o feet into the
ground or sunken into a concrete pad;
(4) A structure which provides appropriate protection from the elements for the dog. The
structure must contain adequate shelter inside it;
(5) A structure which is inside a perimeter or area fence;
(6) The gate t o the structure shall be of the inward-opening type and shall be kept locked
except when tending t o the animal's needs such as cleaning the kennel or providing food
and water.
Provocation means committing a willful trespass or other t o r t upon the premises occupied by
the owner or possessor of the animal, or teasing, tormenting, or abusing the animal or
committing or attempting t o commit a crime against a person.
Sanitary conditions means an animal living space, shelter, or exercise area that is not
contaminated by health hazards, irritants, pollutants, items, or conditions that endanger or pose
a risk to an animal's health.
Serious injury means any physical injury that creates a substantial risk of death; results in death,
broken or dislocated bones, lacerations requiring multiple sutures, or disfiguring avulsions;
requires plastic surgery or admission t o a hospital; or results in protracted impairment of
health, including transmission of an infection or contagious disease, o r impairment o f t h e
function of any bodily organ.
Tethered means an animal attached t o a trolley system by a chain, cable or similar device. This
shall not include using a leash for walking purposes.
7ro//ey System means a method to confine an animal by tethering the animal to a cable. The
trolley system must be attached t o t w o fixed points and be free of hazards, allowing the animal
free access to food, water and shelter. The trolley system must be of appropriate configuration
to confine the animal to the owner's property.
Vicious dog means any dog that:
(A) Inflicts serious injury on a person or causes serious injury t o a person resulting from
reasonable attempts t o escape from the dog's attack.
(B) Has been confirmed by prior records to have bitten a person on at least one
previous occasion or has previously been classified as dangerous.
G C I D : 2015-0165
(C) Bites multiple humans in one attack.
(D) While traveling in a pack of dogs owned by the same individual, an attack occurs
causing multiple puncture bites on the victim, each dog would be deemed vicious.
(Ord. of 1-16-07, § I; Res. of 8-18-09)
Cross r e f e r e n c e — Definitions generally, § 1-2.
•
S e c . 10-27. - Penalties for violation of article.
Unless otherwise specified in this article, the following penalties shall apply: any person violating
this article may be deemed guilty of violating a county ordinance and may be punished by a fine
not t o exceed $ 1,000.00 and by imprisonment in the common jail of the county not to exceed
six months, or both fine and imprisonment. Each act or omission in violation of this article shall
constitute a separate offense. Each day that such violation continues t o exist shall constitute a
separate offense. In addition t o any other penalties allowed by law, the court, as part of the
sentence may prohibit the offender from owning, possessing, or having on the offender's
premises in Gwinnett County any animal during the term o f t h e sentence, may order for the
animal to be removed from the county or humanely euthanized, and may order restitution.
(Ord. of 1-16-07, § I; Res. of 8-18-09)
•
S e c . 10-28. - A d o p t i o n of article by municipalities within county boundaries.
In accordance with state law, Gwinnett County may enter into agreements with the
municipalities located within territorial limits of Gwinnett County to provide animal control
services with the corporate limits of such municipality. Pursuant t o such agreement, any
municipality in the county may adopt this article. Any municipality adopting this ordinance must
authorize the enforcement of the municipal ordinance by the Gwinnett County Animal Control
Unit. Municipal ordinances must provide that the incorporated areas shall be subject to the fees
charged by the animal control unit and that all fees charged by the Gwinnett County Animal
Control Unit shall be retained by the county to defray the cost of operation o f t h e animal
control unit.
(Ord. of 1-16-07, § I)
•
S e c . 10-29. - Restraint.
(a)
It shall be unlawful for any owner or possessor of any dog t o fail to keep the dog under
restraint or control as provided for in this section.
G C I D : 2015-0165
(b)
A dog is considered not under restraint or control when it is running at large, whether
wearing a collar and tag o r not. Reasonable care and precautions shall be taken to
prevent the dog from leaving the real property limits of its owner, possessor, or
custodian, and t o ensure that:
(1) It is securely and humanely enclosed within a house, building, fence, pen or other
enclosure out of which it cannot climb, dig, jump, or otherwise escape on its own
volition, and that such enclosure is securely located at any time the animal is left
unattended; o r
(2) It is securely and humanely restrained by an invisible containment system. If using an
invisible containment system, a sign must be posted on the property indicating that the
system is in place; o r
(3) It is on a leash and under the control of a competent person, o r it is off leash and
obedient t o and under voice command of a competent person w h o is in the immediate
proximity o f t h e dog any time it is not restrained as provided for in subsection (I) or (2)
above while on the owner's property.
(c)
It shall be unlawful t o tether an animal outdoors, except when all of the following
conditions are met:
(1) No animal may be tethered unattended between the hours of 10:00 p.m. and 8:00 a.m.;
(2) Single point tethering is prohibited;
(3) Tethering an animal by a trolley system is the only approved form of tether;
(4) Only one animal may be attached t o each trolley system;
(5) Any cable attached t o the trolley system and attached to an animal must be at least ten
feet in length and shall not allow the animal to come within five feet o f t h e edge o f t h e
property line o f t h e property upon which such animal is tethered;
(6) Tethers must be made of a substance which cannot be chewed by the animal, shall not
weigh more than five percent o f t h e body weight o f t h e animal, and shall have a swivel
on each end;
(7) The trolley system must be at least ten feet in length and mounted no more than seven
feet above the ground level;
(8) The length of the tether from the trolley system to the animal's collar should allow
access to the maximum available exercise area and allow the animal free access to food,
water, and shelter;
(9) The animal must be attached to the tether by a properly fitted harness or collar with
enough room between the collar and the animal's throat through which t w o fingers may
fit. Choke collars and pinch collars are prohibited for the purpose of tethering an
animal;
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(10) The trolley system must be a sufficient distance from any other objects or animals to
prohibit the tangling of the cable, t o prohibit the cable from extending over an object
or an edge that could result in injury or strangulation of the animal and be of sufficient
distance from any fence so as t o prohibit the animal from having access to the fence;
(11) The animal is not outside during extreme weather, including, but not limited to
extreme heat o r near freezing temperatures, or storms;
(12) The animal is at least six months of age; and
(13) The animal is not sick or injured.
(d)
The following additional precautions shall be taken by the owners, possessors, or
custodians of vicious animals:
(1) In addition t o the requirements in subsection (b)(1) herein, owners of vicious dogs who
maintain their dogs out-of-doors shall fence a portion of their property with a second
perimeter o r area fence. Within this perimeter or area fence, the vicious animal must be
humanely confined inside a pen or kennel of adequate size. The pen o r kennel may not
share common fencing with the area or perimeter fence. The kennel or pen must have
secure sides and a secure top attached to all sides. The sides must either be buried two
feet into the ground o r sunken into a concrete pad. The gate t o the kennel shall be
inward-opening and shall be kept locked except when tending t o the animal's needs such
as cleaning the kennel o r providing food and water.
(2) Whenever the dog is outside of its enclosure as provided for in this subsection, but on
the owner's property, it must be attended by the owner and restrained by a secure
collar and leash of sufficient strength to prevent escape. The leash shall be no longer
than ten feet and the animal must be kept at least 15 feet within the perimeter
boundaries of the property unless the perimeter boundary is securely fenced.
(3) Maintain at all times either a policy of insurance or surety bond in a minimum amount of
$1,000,000.00 t o cover claims for any personal injuries inflicted by the dog, which policy
or surety bond shall be issued by an insurer or surety, as the case may be, authorized to
transact business in this state.
(4) Except when being transported to a licensed veterinary facility, dangerous and vicious
dogs shall not be allowed off the property o f t h e owner. Should transport to veterinary
care be needed, the animal shall be securely and humanely confined within a vehicle.
Movement o f t h e animal from the residence of owner to and from the transporting
vehicle and t o and from the veterinary facility shall be conducted with the animal
securely leashed by a leash no longer than six feet in length and muzzled by a muzzle or
device constructed so as t o prevent the animal from biting.
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(e)
Guard or protection dogs:
(1) Owners or custodians of any guard or protection dog must confine all such dogs within
a perimeter fence and meet the following conditions, unless the dog is otherwise
restrained as provided for in subsection 10-29(e)(3):
a. The fence shall be sufficient to prevent the dog's escape, with all points of ingress
and egress securely locked at all times.
b. A "beware of dog" sign shall be conspicuously displayed on each exterior side of the
enclosure for each 50 feet of enclosure, minimum of t w o , as well as a sign on each
ingress o r egress point t o the enclosure. Signs shall be a minimum o f t e n inches high
and 14 inches long.
c.
The owner or custodian shall, prior to placing dogs on property, have the dog(s)
microchip registered, at his/her own expense, and provide the registration number
to the animal control unit. There shall be a fee for each guard or protection dog for
the first year o r any part thereof that the dog is in Gwinnett County and a renewal
fee for each dog every year thereafter as set forth in the schedule of fees and
charges. The renewal fee shall be paid by January 30 of each year.
d. The owner or custodian shall report to the department of police services within 24
hours of any of the following:
1. Escape of the dog;
2. An attack on a human or animal by the dog;
3. Transfer of ownership of the dog;
4.
Death of the dog;
(2) Any enforcement office of the department of police services shall have the authority to
enter onto private or public property for the purpose of ensuring compliance with the
provisions of this subsection (d).
(3) A guard or protection dog shall be deemed under control only when restrained by the
collar provided for in this section and a secure leash not t o exceed six feet in length.
The leash shall be of sufficient strength to prevent escape.
(f)
Dogs found running at-large o r in violation of this section may be immediately
impounded by officers o f t h e animal control unit or any police office. The officers may
pursue the dog onto private property t o effect capture of such dog.
(Ord. of 1-16-07, § I; Res. of 8-18-09)
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•
S e c . 10-30. - A b a n d o n e d animals.
It shall be unlawful for anyone to knowingly abandon or t o aid in the abandonment of any
animal. An animal relinquished through written agreement with animal control, licensed rescue
group, licensed shelter, licensed veterinarians, individual, or other entity shall not be deemed
abandoned but shall be considered relinquished to the entity.
(Ord. of 1-16-07, § I)
o
S e c . 10-31. - T r a n s i e n t dogs and cats.
Any dog or cat shipped or transported through the county or entering the county only for the
purpose of a temporary stay, when such stay shall not exceed 15 days, shall be exempt from
collar and tag sections of this article. However, all other provisions of this article are applicable
to such transient animals.
(Ord. of 1-16-07, § I)
•
S e c . 10-32. - C r u e l t y to animals
(a)
It shall be unlawful for any person to commit an act of cruelty towards any animal.
(b)
It shall be unlawful for any person to intentionally train, breed, possess, harbor, keep,
have custody or control of an animal for the purpose of animal fighting. It shall be
unlawful t o be a spectator at or bet on an animal fighting activity. The intentional fighting
of dogs, dog and hog, and cocks is expressly prohibited.
(c)
Licensed veterinarians who perform surgery or euthanasia and animal control officers
who euthanize animals under the direction of animal control per the guidelines of the
Georgia Veterinary Medical Association, Georgia Department of Agriculture, and this
article shall not be guilty of cruelty to animals.
(d)
A person shall not be guilty of cruelty when the person is protecting his life, the life of
another person o r animal that is being attacked by an animal that is attempting to
severely harm or kill him o r another person or animal provided that the person being
attacked is not committing a crime or is not aggravating or inciting the animal to attack,
and has not aggravated, injured, abused, or assaulted the animal in the past.
(Ord. of 1-16-07, § I)
•
S e c . 10-33. - Public nuisance a n i m a l .
(a)
A public nuisance animal shall mean and include any animal that:
( I ) Is repeatedly found at-large; or
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(2) Damages the property of anyone other than the owner; o r
(3) Is vicious; or
(4) Attacks without provocation; o r
(5) Creates unsanitary conditions or offensive and objectionable odors in enclosures or
surroundings and thereby creates unreasonable annoyance o r discomfort to neighbors
or others in close proximity t o the premises where the animal is kept; or
(6) An animal which is not being kept in conformity with county zoning resolutions; or
(7) Is in heat and not confined within a secure enclosure to prevent unintentional breeding;
or
(8) Chases vehicles, bicycles, or people.
(b)
Any such public nuisance animal may be impounded and the owner or possessor
charged for a violation of this article.
(Ord. of 1-16-07, § I; Res. of 8-18-09)
•
Sec. 10-34. - A d o p t i o n .
(a)
The animal control unit or its designee may offer for adoption any animal of unknown
ownership after three (3) days that the shelter is open t o the public. If an owner is
known, the animal will be held for a period o f t e n (10) calendar days, as provided for in
section IO-35(a). If the animal is voluntarily surrendered t o the animal control unit by
the owner o f t h e animal, the animal may be offered for adoption or rescue immediately.
Any eligible litters of multiple animals that are taken into custody by any means, may be
offered for adoption o r rescue immediately.
(b)
All persons adopting animals shall be over 18 years of age and shall provide adequate
and humane care, feeding, shelter and protection from the weather and veterinary
treatment as required. Any person adopting an animal shall not use the animal for
breeding, fighting o r profit and shall not engage in any research involving the use o f t h e
animal or supply the animal t o any individual or institution which may use the animal in
research. The frequency with which animals may be adopted and placed in any
household may be restricted.
(c)
Any person adopting an animal from the Gwinnett County Animal Control Unit shall
pay an adoption fee in an amount stated in the Gwinnett County Animal Control
schedule of fees, charges may also include all or part o f t h e costs of an examination and
rabies inoculation and all or part o f t h e costs associated with neutering or spaying dogs
and cats.
(d)
Any person adopting an intact animal shall cause to have the animal spayed or neutered
(sterilized) within a period specified as follows, within 30 days from the date of adoption
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for animals over the age of six months or within the first six months of age for sexually
immature animals. Any adopted animal not sterilized within the time specified may be
reclaimed by animal control. If an animal becomes pregnant after the time specified for
the animal t o be spayed, the owner may receive a citation for violating this article.
(Ord. of 1-16-07, § I)
S e c . 10-35.- R e c l a i m of impounded animals.
(a)
Any animal, seized or impounded by an animal control officer, or any officer empowered
to act by law shall be detained at the animal control facility. If an owner contacts the
facility by phone, mail or electronic mail to notify that their animal has been detained at
the shelter, the animal will become unavailable for adoption o r rescue for a period of
ten (10) calendar days from the time o f t h e owner's first contact with the animal shelter.
If Animal Control Officers learn of an owner, they will make notification in person by
posting a notice on the owner's door if the owner lives within Gwinnett County or
notification by mail t o the owner of such animal, if an address is known or can be
reasonably ascertained. The same ten (10) calendar day hold period will apply from the
date of the door posting or mailing. The owner of any animal impounded may reclaim
the animal by the payment of an impoundment fee plus a boarding fee for each day the
animal was impounded; and the cost of rabies vaccination if the animal has not been
vaccinated within the prescribed time period. For dogs or cats only, these fees will also
include a mandatory microchip t o be inserted into the animal by qualified personnel at
the facility. If qualified personnel are not available, it will be the owner's responsibility
to have the animal microchipped and proof returned to the facility within 30 days that
the microchip has been inserted. These fees, as applicable, shall also apply to biting
animals held for rabies observation at the animal control facility.
(b)
If any animal seized o r impounded by the animal control division evidences advanced
symptoms of contagious, infectious or fatal diseases, is seriously ill or severely injured,
the animal control unit shall seek the services of a licensed veterinarian who will
determine whether to treat the animal or humanely euthanize the animal; or in the
absence of an available veterinarian, the animal control officer may concur with a
superior on duty, in addition t o writing a complete report on the reason for
euthanization. This action may be taken to control the spread of disease or to eliminate
any further pain and suffering of an animal. Every attempt will be made t o stabilize an
owned animal t o afford the owner the opportunity to pick up the animal.
(c)
For any animal that is impounded for law enforcement purposes, at
and expense, such impoundment may be at a veterinary o r licensed
owner's choosing provided that the owner cannot cause the animal
the boarding facility without the approval of the prosecuting officer
(Ord. of 1-16-07. § I)
the owner's request
kennel o f t h e
t o be released from
or agent.
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•
S e c . 10-36. - H u m a n e disposition.
(a)
If an animal is not claimed by the known owner within ten days of notice t o the owner
as described in IO-35(a) o r an animal of unknown ownership is not adopted or rescued
within six calendar days of impoundment, then it shall be the duty of the animal control
department t o euthanize the animal in as humane and painless a manner as possible. An
animal deemed t o be highly desirable for adoption may be kept beyond the six-day
limitation, provided that the animal does not evidence any apparent signs of illness,
injury, contagious or infectious diseases and that space is available t o house the animal,
at the discretion o f t h e director o f t h e division of animal control. Animals may be
released t o approved rescue groups or to approved foster homes authorized to accept
animals if not claimed or adopted as provided. Animals shall not be provided to any
public or private institution, animal dealer or other individual w h o may use or supply the
animal for research purposes.
(b)
Any animal which is suffering excessively or any animal which represents a real danger
to persons or other animals, without regard to the period of confinement as provided
for in subsection (a) of this section, shall be euthanized by officers o f t h e animal control
unit in as humane a manner as possible.
(c)
If any animal seized or impounded by the Animal Control Division evidences advanced
symptoms of contagious, infections or fatal diseases, is seriously ill or severely injured,
the Animal Control Division shall seek the services of a licensed veterinarian, if possible,
who will determine whether t o treat the animal or humanely euthanize the animal. In
the absence of an available veterinarian, the Animal Control Officer may consult with a
superior on duty. If both agree that the animal should be euthanized, the animal may be
euthanized and then a complete report on the reason for euthanization will be
completed. This action may be taken to control the spread of disease or to eliminate
any further pain and/or suffering of an animal.
(Ord. of 1-16-07, § I)
•
S e c . 10-37. - R e s e r v e d
•
S e c . 10-38. - Biting animals and quarantine.
(a)
In accordance with rules and regulations promulgated by the Gwinnett County Board of
Health, all dogs and cats known to have bitten o r scratched a person shall be confined
to the animal control facility, veterinarian's hospital, or at a boarding facility approved by
the animal control manager or under home supervision with the approval o f t h e animal
control manager for a period o f t e n days. All expenses incurred for boarding the animal
during this period of time shall be paid by the owner or possessor of the biting animal.
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(b)
In accordance with the rules and regulations promulgated by the state department of
public health, all pets or wild animals, other than a dog o r cat, known to have bitten a
person, or any animal which cannot be held for a rabies observation period, shall be
euthanized and a lab specimen of brain tissue sent to the state department of
epidemiology for testing and control of rabies.
(c)
Unvaccinated o r unwanted animals bitten or scratched by a known potentially rabid
animal shall be euthanized immediately. If the owner o f t h e unvaccinated animal is
unwilling t o have the animal euthanized, upon approval o f t h e animal control unit, the
exposed animal shall be placed in quarantine for six months and vaccinated one month
prior to being released. The owner or possessor is responsible for quarantining the
exposed unvaccinated animal in strict compliance with the policies and procedures of
the animal control unit and county board of health.
(d)
Dogs and cats that are bitten o r scratched by a known o r potentially rabid animal that
are current on their vaccinations shall be re-vaccinated immediately, confined, and
observed for 45 days. Confinement must be coordinated with and approved by the
animal control unit.
(e)
(f)
For purposes of subsections (c) and (d), any animal bitten or scratched by a bat or wild
carnivorous mammal including, but not limited to, bobcats, raccoons, foxes, skunks, or
coyotes, which are not available for testing, should be considered exposed to rabies.
Failure t o comply with the quarantine and/or confinement requirements of this section,
the animal control unit, o r the county board of health constitutes a violation of this
chapter and may result in the impoundment o f t h e animal. In that event, the owner or
possessor remains responsible for all veterinary, boarding, and other expenses incurred
on behalf o f t h e quarantined animal.
(Ord. of 1-16-07, § I)
•
Sec. 10-39. - L i v e s t o c k .
(a)
All livestock shall be properly housed with adequate food and adequate water and
confined within a fenced enclosure. The fenced enclosure shall be maintained in such a
manner as to keep any average livestock animal from escaping the enclosed compound
and causing damage, accidents or injury to any person or property. Owners of such
livestock shall be liable for any damage, accidents or injuries. Such maintenance shall
include, but not be limited to, repair or replacement of anchor post assemblies
whenever they show signs of weakness, refastening loose wires t o posts, splicing broken
wires when necessary, and keeping the fence wires properly stretched. Those who
provide boarding/pasturing space and/or services for hire shall have the responsibility for
enclosure maintenance as described in this paragraph.
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(b)
(c)
N o person shall tie, stake o r fasten any livestock within any street, highway, road, alley,
sidewalk, right-of-way, or other public place within the county or in such manner that
the animal has access to any portion of any street, highway, road, alley, sidewalk, rightof-way, or other public place.
Owners or possessors of livestock impounded for violation of this article or any state
and/or federal laws, will be charged in accordance with actual costs of impoundment
plus impounding and boarding fees.
(d)
Impounded livestock shall be held for a period of 21 days. If such impounded animals are
not claimed by the owner during that period of time, the animals may be given to
persons willing t o accept them, in the discretion of the department of police services.
Section IO-34(a) pertaining t o profit shall not apply t o any person(s) accepting livestock
from the county. Person(s) accepting livestock from the county are allowed to sell the
animal or slaughter the animal for consumption. Any livestock that was captured by the
use of tranquilizers o r darting drugs are not allowed t o be slaughtered for consumption.
(Ord. of 1-16-07, § I)
.
Sec. 10-40.-Wildlife.
All complaints and matters concerning wild animals not of a domestic nature and complaints
involving game animals or protected species and/or hunting, shall be forwarded to the Georgia
Department of Natural Resources, Game and Fish Division or the U.S. Department of
Agriculture, Law Enforcement Division for proper disposition, i.e., compliance, apprehension,
control and/or enforcement as may be necessary as provided by state and federal rules and
regulations.
(Ord. of 1-16-07, § I)
•
S e c . 10-41. - D e a d animals.
(a)
Officers of the animal control unit are authorized to remove dead animals from public
property including public schools, parks and roadways. Carcasses on private property
must be disposed of by the property owner or possessor in accordance with state laws
and regulations. It shall be unlawful for any person t o dispose of a dead animal, its parts,
or blood on the land of another without the permission o f t h e owner of the land. It shall
be unlawful for any person t o dispose of a dead animal in a well or open pit of any kind,
on private o r public land. Any dog, cat or small animal carcass t o be picked up for
disposal by the animal control unit from a private residence must first be contained in a
plastic bag and delivered to the right-of-way of the road o r street for disposal. All dead
livestock, including horses, cattle and any other large animal must be disposed of by the
animal owner or property owner/possessor in accordance with state and local
regulations.
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(b)
This subsection shall not prohibit the county from contracting with a private waste
disposal company for the disposal of dead animals within the county.
(Ord. of 1-16-07, § I)
•
S e c . 10-42, - Rabies V a c c i n a t i o n Certificates
The owner, possessor or harborer of each dog or cat residing in the unincorporated area of
the county must obtain and possess a current rabies vaccination certificate from a licensed
veterinarian showing that the animal has been vaccinated against rabies. Upon vaccination,
county veterinarians shall be responsible for issuing a metal tag with a vaccination and
identification number. Tags must be renewed within 30 days of the expiration date of the
vaccination.
(Ord. of 1-16-07, § I)
•
S e c . 10-43. - C o l l a r and rabies vaccination tag.
(a)
It shall be the duty of each dog and cat owner or possessor t o provide a collar and tag
for each dog and cat, and the tag and collar shall be on the animal at all times when the
animal is not under the immediate control o f t h e owner o r possessor o f t h e animal.
Animals participating in organized or controlled competitions are exempt from this
subsection only for the duration of the competition.
(b)
It shall be unlawful for any person to attach a vaccination tag t o the collar of any animal
for which it was not issued, or t o remove such tags from any animal without the
consent of its owner or possessor.
(Ord of 1-16-07, § I)
•
S e c . 10-44. - V a c c i n a t i o n of dogs and cats.
No person who is not licensed t o practice veterinary medicine in the state shall vaccinate dogs
and cats against rabies.
(Ord of 1-16-07, § I)
•
S e c . 10-45. - V a c c i n e s used and t i m e of vaccination.
(a)
All dogs, cats and ferrets owned, possessed, harbored or residing within the limits of
the county shall be inoculated for the prevention of rabies by a veterinarian licensed to
practice veterinary medicine in the state, using only those vaccines prescribed and/or
approved by the state department of human resources.
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(b)
It shall be unlawful for any person t o own, possess or maintain any dog, cat or ferret
that does not have a current rabies inoculation. All dogs, cats and ferrets shall be
vaccinated against rabies before and no later than four months of age. Any dog, cat or
ferret found not vaccinated by four months of age must have the consent of a licensed
veterinarian stating the reasons.
(c)
Any person keeping, owning, harboring or having any type of animal in his possession,
excluding dogs, cats and ferrets, is not required to have the animal vaccinated against
rabies but does so at his own risk and assumes all liabilities for adverse actions o f t h e
animal.
(Ord. of 1-16-07, § I)
•
S e c . 10-46. - C e r t i f i c a t e of vaccination.
(a)
Upon administering anti-rabies vaccines, a certificate of vaccination must be issued and
signed by the veterinarian administering the vaccine, to provide evidence of vaccination.
(b)
Any veterinarian is authorized and required in connection with his practice t o issue
certificates of vaccination, provided he furnishes one copy t o the animal owner, one
copy t o the animal control unit upon request by animal control, and one copy is
retained by the veterinarian.
(Ord. of 1-16-07, § I)
•
S e c . 10-47. - S u m m o n s ,
(a)
The animal control officer or police officer at his discretion may not impound the animal
or livestock found in violation of any section of this chapter, but may return the animal
to its owner or possessor and issue or cause t o be issued a summons directing the
owner or possessor of the animal or livestock to appear before the recorder's court on
a certain day to stand trial for the violation of this article.
(b)
If a violation of this article has not been personally witnessed by the animal control
supervisor o r his authorized representative or other employee o f t h e county, a
subpoena may be issued t o the person complaining to appear on the day and time set
for trial t o testify on behalf of the county.
(Ord of 1-16-07, § I)
•
S e c . 10-48. - Liability of the county, animal control unit, officers and employees.
The county, the animal control unit and its officers and employees shall not be held responsible
or liable for any accidents, diseases, injuries, or deaths to any animal while being impounded or
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boarded at the animal control facility or any facility designated by the animal control unit to
house such animal.
(Ord of 1-16-07, § I)
•
S e c . 10-49. - Interference with animal control officers.
It shall be unlawful t o interfere with any animal control officer o r other officer empowered to
act by law, or t o take o r attempt t o take any animal from the county vehicle used to transport
the animal, or t o take or attempt t o take any animal from the animal control facility, or by any
other method which would block or hinder any officer referred t o in this section from
performing his duties.
(Ord. of 1-16-07, § I)
•
S e c . 10-50. - A n i m a l neglect.
(a)
Any animal or livestock owner or possessor who fails to provide adequate drink,
adequate food, adequate space, adequate shelter, sanitary conditions, necessary
veterinary care, and/or who causes unnecessary suffering of any animal or livestock shall
be deemed in violation of this section.
(b)
it shall be unlawful t o leave animals unattended in a parked vehicle without proper
ventilation t o prevent the animal from suffering physical distress from heat exhaustion.
(c)
Any animal control officer or other officer empowered t o act by law may impound any
animal found t o be neglected, as defined by this section.
(Ord. of 1-16-07, § I)
•
S e c . 10-51. - Duty of animal o w n e r s to be responsible o w n e r s .
(a)
It shall be the duty of every owner or custodian of any animal t o exercise reasonable
care and take all necessary steps and precautions to protect other people, property, and
animals from injuries o r damage which might result from their animal's behavior. If the
owner or custodian of any animal is a minor, the parent or guardian of such minor shall
be responsible to ensure compliance with all provisions of this article.
(b)
It shall be a violation of this article for an owner or an individual in possession of the
property upon which the animal or animals are located at the time of the offense to
allow the animal or animals t o make any vocalizations which are plainly audible to a
person of ordinary hearing ability not located on the same property as the animal or
animals making such vocalizations for more than 15 minutes without interruption or
more than 30 minutes if the vocalization is intermittent.
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(!) These time limits do not apply if the vocalizations are given as a warning t o the presence
of a person trespassing, threatening to trespass or unambiguously taunting the animal.
(2) Officers enforcing this subsection are not required to measure the vocalizations with
the use of a sound level meter.
(3) Upon notification of a complaint concerning such vocalizations, the owner or individual
in possession o f t h e property upon which the animal or animals are located shall be
given a written notice from the animal control unit indicating that such animal or animals
are creating a disturbance and advising the owner or individual in possession o f t h e
property of some possible solutions to rectify the nuisance. The complainant must
provide the officer the address where the animal or animals were located at the time of
the offense before any written notice shall be sent. The owner or individual in
possession o f t h e property shall then have ten days t o resolve the disturbance.
(4) If the disturbance is not resolved within ten days and the animal control unit receives a
second complaint from the original complainant, he or she will be asked to provide a
sworn statement documenting the violations. Upon receipt o f t h e complainant's sworn
statement, the animal control unit may, if satisfied that the sufficient evidence is shown,
issue a citation in accordance with the requirements of this article. Sufficient evidence
can include but is not limited t o any o f t h e following:
i.
A second sworn statement regarding the vocalizations from another
individual residing at a different address located near the animal(s)
creating the disturbance.
ii.
Video or other similar visual and audio recordings of the animal or
iii.
animals while the disturbance is ongoing as provided for above.
Other sufficient evidence regarding the vocalizations.
(5) If the disturbance is not resolved within ten days and the animal control unit receives
another complaint from another individual residing at a different address located near
the animal or animals creating the disturbance, both complainants will be asked to
provide a sworn statement. Upon receipt of the sworn statements, the animal control
unit may issue a citation in accordance with the requirements of this article
(6) The original complaint will remain on file and active for a period of 30 days following the
ten-day resolution period. If no further complaints are made during the 30-day period,
the complaint shall expire and the process begins again.
(7) Any person violating any provision of subsection 10-51 (b) may upon conviction be
punished by a fine not t o exceed $1,000.00.
(Ord. of 1-16-07, § I; Res. of 8-18-09)
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•
S e c . 10-52, - H o a r d e r s .
It shall be unlawful for any person to collect animals and fail to provide them with
humane/adequate care, collect dead animals that are not properly disposed of as required by
this article, or collect, house, or harbor animals in filthy, unsanitary conditions that constitute a
health hazard to the animals being kept, and/or to the animals o r residents of adjacent property.
(Ord. of 1-16-07, § I)
S e c . 10-53. - Right of entry.
A law enforcement officer may use any force necessary t o remove any animal locked in a closed
vehicle when the ambient temperature is 80 degrees Fahrenheit or above outside the vehicle. If
the vehicle is damaged during such removal, the law enforcement officer shall not be liable for
any damage to the vehicle.
(Ord. of 1-16-07, § I)
S e c , 10-54, - A n i m a l s t r a n s p o r t e d in vehicles.
No animal shall be transported on a public road in an open vehicle including an open top vehicle
or open truck bed unless the animal is humanely secured so as t o prevent the animal from
escaping out of the vehicle, getting tangled, or having the ability t o extend over the edge o f t h e
vehicle that could result in an injury o r strangulation o f t h e animal while the vehicle is in
motion. No animal shall be transported in the trunk of a vehicle o r under a pick up truck's
tonneau cover.
(Ord. of 1-16-07, § I)
S e c . 10-55. - T r a i n i n g guard or protection dogs.
It is unlawful to train a guard or protection dog, unless the trainer holds a state kennel license,
a county business license, and maintains at all times either a policy of insurance or a surety
bond in a minimum amount of $ 1,000,000.00 to cover claims for any personal injuries inflicted
by the dog or dogs being trained, which policy or surety bond shall be issued by an insurer or
surety, as the case may be, authorized t o transact business in this state. It is unlawful to train a
guard or protection dog on public property, including but not limited to, public parks.
(Ord. of 1-16-07, § I)
G C I D : 2015-0165
•
S e c . 10-56. - Selling/giving away of animals; U s e of animals as prizes.
(a) Selling o r giving away animal(s) in front of or on private property or public
property, other than the animal owner's property, without the property owner's
written permission is prohibited. A licensed animal shelter, licensed veterinarian,
licensed pet dealer o r licensed humane society which has all required
governmental licenses, registrations and has obtained permission from the owner
o f t h e business or property, may sell, adopt or give away animals on private or
public property. Dogs, cats, puppies or kittens offered for sale or given away
must be at least eight (8) weeks old. Any individual selling an animal for profit
must also comply with other ordinances involving permitting
(b) it is unlawful t o offer as a prize or give away any animal, amphibian, fish, reptile,
or fowl in any contest, raffle or lottery or as an enticement for fund raising or
for entry into any place of business.
(Ord. of 1-16-07, § I)
•
S e c . 10-57. - Dying or coloring certain animals or fowl for display, sale, gift
prohibited.
It is unlawful to sell, offer for sale, give away, or display living baby chicks, ducklings, or other
fowl, amphibians, reptiles or rabbits which have been dyed, colored o r otherwise treated so as
to impart to them an artificial color.
(Ord. of 1-16-07, § I)
•
S e c . 10-58. - L i m i t a t i o n on o w n e r s h i p .
(a) Any person who has been convicted of cruelty, neglect, abandonment or hoarding of an
animal as provided in this Code or has been required to or voluntarily relinquished
ownership of such animal, may not own, possess, or have on his premises in Gwinnett
County any animal for one year from the date of conviction. A nolo contendere plea is
considered a conviction for the purpose of this section. Nothing in this section shall
prohibit the court from imposing a greater length of time.
(b) Any person who has been convicted of failure to keep an animal under restraint while on
the owner's property as provided in this Code and has been required to provide additional
confinement requirements and has not complied with the court's order, may not be allowed
to own a pet in their Gwinnett County household for one year from the date of conviction.
(Ord. of 1-16-07, § I)
Ordinance Number AC-2015
G C I D : 2015-0165
S e c . 10-59. - B a c k y a r d b r e e d e r s .
It is unlawful for any person who does not hold a license from the Georgia Department of
Agriculture to breed an animal if they are required by the Georgia Department of Agriculture
to be licensed.
(Ord. of 1-16-07, § I)
A R T I C L E II. - R E S P O N S I B L E D O G O W N E R S H I P
S e c . 10-71. - T i t l e and purpose.
The purpose of this article shall be t o implement the provisions of O.C.G.A. § 4-8-20 et seq.,
The Responsible Dog Ownership Law (the " A c t " ) , relating to dangerous or vicious dog control.
Nothing contained in this article shall be deemed to amend or supersede any other ordinances
relating to animal control. Violations of this article shall be punishable as provided in the Act.
S e c . 10-72. - Classification as dangerous dog or a vicious dog; notice to owner.
(a) Upon receiving a report of a dog believed to be subject t o classification as a dangerous
or vicious dog, the dog control officer shall make such investigations as necessary to
determine whether such dog is subject to classification as a dangerous or vicious dog.
(b) If the dog poses an immediate threat to public safety, the dog shall be immediately
confiscated and kept at the animal control facility until an appropriate hearing to
determine where the dog will be kept.
(c) If impounding of the dog is not possible and/or the dog owner has taken immediate
action t o ensure the dog cannot pose a public threat and has proven he/she can
properly contain the dog, the dog control officer may allow the dog to remain with the
dog owner with specific directions to contain the dog. This section does not exempt
any requirements set forth reference to rabies quarantine in the case of an animal to
human bite.
(d) When the dog control officer determines that any dog is subject t o classification as a
dangerous dog or vicious dog, the dog control officer shall mail a dated notice to the
dog's owner within 72 hours. The notice to the owner shall meet the following
requirements:
(l)The notice shall be in writing and mailed by certified mail or statutory overnight
delivery t o the owner's last known address. If a dog has more than one owner, notice to
one owner shall be sufficient for purposes of this article. If there is a question as to the
dog's ownership, notice shall be deemed sufficient if sent t o the last person who
received a citation for the dog.
G C I D : 2015-0165
(2) The notice shall include a summary o f t h e dog control officer's determination that the
dog is subject t o classification as a dangerous or vicious dog.
(3) The notice shall be dated and shall state that the owner has a right to request a
hearing on the dog control officer's determination within 7 days after the date shown on
the notice.
(4) The notice shall state that if the owner does not request such a hearing within 7 days
from the date shown on the notice, the dog control officer's determination shall
become effective for all purposes under this article.
(5) The notice shall include a form to request a hearing before the animal control board
and shall provide specific instructions on mailing or delivering such a request.
(e) When a hearing is requested by a dog owner in accordance with subsection (b) of this
section, such hearing shall be scheduled within 30 days after the request is received;
provided, however, that such hearing may be continued by the animal control board for
good cause shown. A t least ten days prior to the hearing, the animal control board shall
notify the dog owner in writing by certified mail or statutory overnight delivery of the
date, time and place of the hearing. A t the hearing, the owner shall be given the
opportunity t o testify and t o present evidence and the animal control board shall
receive such other evidence and hear such other testimony as may be reasonably
necessary to sustain, modify or overrule the classification of the dog by the dog control
officer.
(f) Within ten days after the hearing, the animal control board shall notify the owner in
writing by certified mail o r statutory overnight delivery of its determination on the
matter. If the determination is made that the dog is a dangerous dog or a vicious dog,
the notice shall specify the date upon which that determination is effective. If the
determination is that the dog is be euthanized pursuant t o O.C.G.A. § 4-8-26, the notice
shall specify the date by which the euthanasia shall occur.
(g) Judicial review of the animal control board's final decision may be had in accordance
with O.C.G.A. § 50-13-19.
(h) Any dog classified prior t o July I, 2012, as a potentially dangerous dog in this state shall
on and after that date be classified as a dangerous dog under this article. Any dog
classified prior to July I, 2012, as a dangerous dog or vicious dog in this state shall on
and after that date be classified as a vicious dog under this article. The owner of any
dog referred t o in this subsection shall come into compliance with all current provisions
of this article by January I, 2013.
S e c . 10-73. - Exceptions.
No dog shall be classified as a dangerous dog or vicious dog for actions that occur while the
dog is being used by a law enforcement officer or military officer t o carry out the law
enforcement or military officer's official duties. N o dog shall be classified as a dangerous dog or
a vicious dog if the person injured by such dog was a person who, at the time, was committing a
trespass, was abusing the dog, or was committing or attempting t o commit an offense under
G C I D : 2015-0165
Chapter 5 of Tide 16.
S e c . 10-74. - R e q u i r e m e n t s for possession of dangerous or a vicious dog.
(a) It shall be unlawful for an owner to have or possess within Gwinnett County a classified
dog without a certificate of registration issued in accordance with the provisions of this
section. Certificates of registration shall be nontransferable and shall only be issued to a
person 18 years of age or older. N o more than one certificate of registration shall be
issued per domicile.
(b) Unless otherwise specified by this Code section, a certificate of registration for a
dangerous dog shall be issued if the dog control officer determines that the following
requirements have been met:
(1) The owner has maintained a proper enclosure designed t o securely confine the
dangerous dog on the owner's property, indoors, o r in a securely locked and
enclosed pen, fence, or structure suitable t o prevent the dangerous dog from
leaving such property; and
(2) Clearly visible warning signs have been posted at all entrances t o the premises
where the dog resides;
(3) A microchip containing an identification number and capable of being scanned
has been injected under the skin between the shoulder blades o f t h e dog and the
owner provides the registration number to the animal welfare and enforcement
unit. The owner shall keep the registration information updated; and
(4) The owner maintains and can provide proof of general or specific liability
insurance in the amount of at least $100,000.00 issued by an insurer authorized
to transact business in this state insuring the owner o f t h e vicious dog against
liability for any bodily injury or property damage caused by the dog.
(c) Except as provided in subsections (e) and (f) of this Code section, a certificate of
registration for a vicious dog shall be issued if the dog control officer determines that
the following requirements have been met:
(1) The owner has maintained a proper enclosure designed t o securely confine the
vicious dog on the owner's property, indoors, or in a securely locked and
enclosed pen, fence, o r structure suitable to prevent the vicious dog from leaving
such property;
(2) Clearly visible warning signs have been posted at all entrances t o the premises
where the dog resides;
(3) A microchip containing an identification number and capable of being scanned
has been injected under the skin between the shoulder blades o f t h e dog and the
owner provides the registration number to the animal welfare and enforcement
unit. The owner shall keep the registration information updated; and
(4) The owner maintains and can provide proof of general o r specific liability
insurance in the amount of at least $1,000,000.00 issued by an insurer authorized
to transact business in this state insuring the owner o f t h e vicious dog against
liability for any bodily injury or property damage caused by the dog.
(d) No certificate of registration shall be issued to any person w h o has been convicted of
t w o or more violations of this article.
(e) No person shall be the owner of more than one vicious dog.
G C I D : 2015-0165
(f) No certificate of registration for a vicious dog shall be issued to any person who has
been convicted of:
(1) A serious violent felony as defined in O.C.G.A. Section 17-10-6.1;
(2) The felony of dogfighting as provided for in O.C.G.A. Section 16-12-37 or the
felony of aggravated cruelty t o animals as provided for in O.C.G.A. Section 1612-4; or
(3) A felony involving trafficking in cocaine, illegal drugs, marijuana,
methamphetamine, or ecstasy as provided for in O.C.G.A. Sections 16-13-31 and
16-13-3 I. I from the time of conviction until t w o years after completion of his or
her sentence, nor to any person residing with such person.
(g) Certificates of registration shall be renewed on an annual basis. A t the time of renewal
of a certificate of registration for a vicious dog, the dog control officer or his designee
shall verify that the owner is continuing to comply with provisions of this article. Failure
to renew a certificate of registration within ten days o f t h e renewal date or initial
classification date shall constitute a violation of this article.
(h) (a) Any owner of a dangerous or a vicious dog shall be joindy and severally responsible
with all other owners of such dog for compliance with the requirements of this section.
(i) The dog control officer or his designee shall have the right to inspect randomly and
without notice a dangerous dog or a vicious dog which is required t o be confined
pursuant t o this section. Permission o f t h e owner or person in custody o f t h e dangerous
or vicious dog shall not be unreasonably withheld.
S e c . 10-75. - P r o p e r E n c l o s u r e
Proper enclosure means an enclosure that meets all of the following criteria:
(1) A structure which is suitable t o prevent the entry of young children and to prevent
the dog from escaping;
(2)
A structure with secure sides and a secure top attached to all sides.;
(3) A structure whose sides are so constructed at the bottom so as to prevent the dog's
escape by digging under the sides. The sides must either be buried t w o feet into the
ground or sunken into a concrete pad;
(4) A structure which provides appropriate protection from the elements for the dog.
The structure must contain adequate shelter inside it;
(5)
A structure which is inside a perimeter or area fence;
(6) The gate to the structure shall be of the inward-opening type and shall be kept
locked except when tending to the animal's needs such as cleaning the kennel or providing
food and water.
G C I D : 2015-0165
S e c . 10-76. - T r a n s f e r of ownership or possession.
Upon the transfer of ownership or possession of any dangerous dog, the transferor shall
provide the dog control officer with the name, address, and telephone numbers of the
new owner of the dog and of the effective date of the transfer. Any transferee of a
dangerous dog shall be presumed to have notice of the dog's classification as such. A
vicious dog shall not be transferred, sold, or donated t o any other person unless it is
relinquished to the Animal Welfare and Enforcement Unit o r a veterinarian to be
euthanized.
S e c . 10-77. - N o t i c e to dog control officer.
(a) The owner of a classified dog shall notify the dog control officer in person or by
telephone within 24 hours of the occurrence of any one o f t h e following events:
(1) The dog has escaped, is on the loose or has otherwise ceased to be in the custody of
the owner for any reason.
(2)
Such dog has attacked a human being or other animal.
(3) A dangerous dog has been sold, given, or otherwise transferred to the ownership or
possession of another person. A vicious dog shall not be transferred, sold, or donated to
any other person unless it is relinquished to the Animal Welfare and Enforcement Unit or
a veterinarian t o be euthanized.
(4)
The dog has died or been euthanized.
(5)
The dog is leaving Gwinnett County.
(b) The owner of a dog which has been classified by another jurisdiction as a dangerous or
vicious dog o r other similar classification shall notify the dog control officer and register
the classified dog within ten days of becoming a resident of Gwinnett County.
S e c . 10-78. - Restraints w h e n outside proper enclosure.
(a) It shall be unlawful for an owner of a dangerous dog t o permit the dog to be off the
owner's property unless:
(1) The dog is restrained by a leash not t o exceed six feet in length and is under the
immediate physical control of a person capable of preventing the dog from engaging
any other human or animal when necessary and the leash is controlled by a
competent person over the age of 18; or
(2) The dog is contained in a closed and locked cage or crate.
(3) The dog is working or training as a hunting dog, herding dog, o r predator control
dog.
Ordinance Number AC-2015
G C I D : 2015-0165
(b) It shall be unlawful for an owner of a vicious dog to permit the dog to be:
(1) Outside an enclosure designed t o securely confine the vicious dog while on the
owner's property or outside a securely locked and enclosed pen, fence, or structure
suitable t o prevent the vicious dog from leaving such property unless:
(A) The dog is muzzled and restrained by a leash not t o exceed six feet in length and
is under the immediate physical control of a person over the age of 18 capable of
preventing the dog from engaging any other human or animal when necessary; or
(B) The dog is contained in a closed and locked cage o r crate; or
(2) Unattended with minors.
S e c . 10-79. - Confiscation and disposition of dogs.
(a) An animal control officer o r law enforcement office shall immediately impound a dog if
the officer believes the dog poses a threat to the public safety.
(b) A dangerous or vicious dog shall be immediately confiscated by any animal control
officer or by a law enforcement officer in the case of any violation of this article.
(c) (d)Any dog which has been confiscated pursuant to this article may recover such dog
upon proof of the owner's compliance with the provisions of this article and upon the
payment of actual boarding expenses plus reasonable confiscation costs, which shall be
$50.00 upon the first confiscation of any dog, $100.00 upon the second, and $200.00
upon the third or subsequent confiscation. All fines and all charges for services
performed by an animal control officer or law enforcement officer shall be paid prior to
owner recovery of the dog.
(d) If the owner has not complied with the provisions of this article within 14 days of the
date of confiscation, the dog shall be destroyed in an expeditious and humane manner
and the owner requires to pay the costs of housing and euthanasia.
(e) If the identity of the owner of a dog which the dog control officer has classified as a
dangerous dog o r a vicious dog cannot be determined, the dog shall be immediately
confiscated. If the dog's owner claims such a dog, the dog shall be released to its owner,
together with a copy of the notice specified in Section 10-72. If the dog remains
unclaimed for seven days, the dog shall be destroyed in an expeditious and humane
manner. Under no circumstances shall such dog be placed for adoption.
(f) A dog that is found, after notice and opportunity for hearing as provided in Section 1072, to have caused a serious injury to a human on more than one occasion shall be
euthanized; provided, however, that no injury occurring before July I, 2012, shall count
for purposes of this subsection.
(g) A judge of the superior court may order the euthanasia of a dog if the court finds, after
notice and opportunity for a hearing as provided in Section 10-72, that the dog has
G C I D : 2015-0165
seriously injured a human or presents a danger to humans not suitable for control under
this article and:
a. The owner or custodian of the dog has been convicted of a violation any state
criminal law and the crime was related to such dog; o r
b. Any local governmental authority has filed with the court a civil action requesting
the euthanasia of the dog.
S e c . 10-80. - R e p o r t to district attorney and solicitor.
The dog control officer shall report to the district attorney the conduct of any owner which
the dog control officer believes may constitute a felony under the act. The dog control officer
shall report t o the solicitor the conduct of any owner which the animal control officer
reasonably believes may constitute a misdemeanor under the act.
S e c . 10-81. - Liability
Under no circumstances shall a local government or any employee or official of a local
government be held liable for any damages t o any person who suffers an injury inflicted by a
dog as a result of a failure t o enforce the provisions of this article.
AN ORDINANCE AND/OR RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DULUTH TO CERTIFY THE UNOPPOSED
CANDIDATES IN THE GENERAL MUNICIPAL ELECTION SCHEDULED
FOR TUESDAY, NOVEMBER 3, 2015 FOR THE OFFICES OF
MAYOR AND FOR COUNCIL MEMBER, POSTS 4 AND 5;
AND FOR OTHER PURPOSES.
WHEREAS, under the Charter of the City of Duluth, the Georgia Election Code, and the
Constitution of the State of Georgia of 1983, as amended, elections for certain municipal offices
whose terms expire January 11th 2016, are required to be held;
WHEREAS, under the Georgia Election Code, the City Council of the City of Duluth shall
perform all the duties imposed upon it by the Georgia Election Code;
WHEREAS, the City of Duluth’s qualifying period for municipal offices which were to
expire was held from August 31, 2015 through and including September 2nd, 2015 and there is no
opposed candidate in the general municipal election scheduled for Tuesday, November 3, 2015 and
no write-in candidate has qualified as provided by law;
WHEREAS, each such unopposed candidate shall be deemed to have voted for himself or
herself in accordance with O.C.G.A. § 21-2-285 and O.C.G.A. § 21-2-291;
WHEREAS, the Superintendent by affixing her signature hereto has certified such
unopposed candidate is elected pursuant to the Georgia Municipal Election Code;
NOW THEREFORE BE IT ORDAINED AND RESOLVED BY THE AUTHORITY
OF THE MAYOR AND COUNCIL OF THE CITY OF DULUTH, A GEORGIA
MUNICIPAL CORPORATION AS FOLLOWS:
Section 1. Declaration of Results. That under and by virtue of the Charter of the City of
Duluth, Constitution and laws of the State of Georgia, each such unopposed candidate shall be
deemed to have voted for himself or herself for the certain municipal offices, to-wit:
a)
Nancy Harris
Mayor
b)
Post 4
c)
Greg Whitlock
Post 5
and said unopposed candidates are declared to have been elected.
Section 2. Cancellation of Election. The general municipal election scheduled for Tuesday,
November 3, 2015, shall not be held. The Superintendent shall provide notice reasonably calculated
to inform the affected electorate that no general election is to be conducted by advertising in a
newspaper of general circulation in the City of Duluth at least seven (7) days prior to Tuesday,
November 3, 2015. The notice shall be in substantially the following form as the attached Exhibit
"A".
APPROVED AND ADOPTED THIS 14th DAY OF SEPTEMBER, 2015.
DULUTH CITY COUNCIL,
A GEORGIA MUNICIPAL
CORPORATION
BY:
Nancy Harris, Mayor
BY:
Greg Whitlock, Mayor Pro Tem
BY:
Marsha A. Bomar, Councilmember
ATTEST:
BY:
Billy Jones, Councilmember
BY:
BY:
Jim Dugan, Councilmember
APPROVED AS TO FORM:
BY:_________________________
Stephen Pereira, City Attorney
BY:
Kelly Kelkenberg, Councilmember
CERTIFICATION
I, TERESA S. LYNN, Election Superintendent of the City of Duluth, certify that the
foregoing facts and result are true and correct for all purposes under the Georgia Election Code.
This 14th day of September 2015.
_____________________________
Teresa S. Lynn, Elections Superintendent
EXHIBIT A
NOTICE OF CANCELLATION
OF CITY OF DULUTH GENERAL
MUNICIPAL ELECTION ON TUESDAY, NOVEMBER 3, 2015
Pursuant to O.C.G.A. § 21-2-285 and O.C.G.A. § 21-2-291, and all other applicable Georgia
Laws, please be advised that on Tuesday, November 3, 2015, no general election will be held in the
City of Duluth, Georgia to fill the expired term of Mayor and for Council Posts 4 and 5 as there are
no opposed candidates and no write-in candidate(s) has qualified as provided by law. Each such
unopposed candidate shall be deemed to have voted for him/herself.
Nancy Harris
Greg Whitlock
Incumbent
Incumbent
Incumbent
Mayor
A copy of the ordinance and/or resolution certifying the unopposed candidates is on file,
together with other relevant documents, for inspection in the City Clerk's Office, 3167 Main Street,
Duluth, Gwinnett County, Georgia, between the hours of 8:00 o'clock a.m. and 5:00 o'clock p.m.
Monday through Friday.
TERESA S. LYNN
Election Superintendent
of the City of Duluth
Hours/Rates Chart
Duluth Pleasant Hill Road/ Buford Hwy Interchange-Pond & Company
Billing Category
Rate
Phase I Hours Phase I Cost Phase II Hours
Principal
Project Manager
Deputy Project Manager/Sr LA
Project Engineer
Mid Level Engineer
Design Engineer
Electrical Engineer
Project Landscape Architect
Drafter/Technician
Clerical
$
$
$
$
$
$
$
$
$
$
332.85
253.60
127.24
228.24
162.08
95.92
128.58
90.15
67.81
76.30
Labor Subtotal Pond
Direct Costs Pond (does not include SEI)
Pond Total
SEI
Principal-PR Liason
Traffic Engineer
SR Environmental
Environmental
Clerical
Labor Subtotal SEI
Direct Costs SEI (includes SEI subs)
SEI Total
Total (Rounded)
$
$
$
$
$
1.00
42.00
78.00
0.00
29.00
31.00
39.00
52.00
99.00
0.00
$
332.85
$ 10,651.20
$ 9,924.72
$
$ 4,700.32
$ 2,973.52
$ 5,014.62
$ 4,687.80
$ 6,713.19
$
-
371.00 $ 44,998.22
$
100.00
$ 45,098.22
324.48
109.20
143.52
78.00
46.80
0.00 $
80.00 $
$
$
6.00 $
86.00
8,736.00
280.80
$ 9,016.80
$ 1,183.20
$ 10,200.00
$ 55,299.00
2.00
13.00
27.00
0.00
1.00
5.00
2.00
9.00
10.00
6.00
Phase II Cost
$
$
$
$
$
$
$
$
$
$
665.70
3,296.80
3,435.48
162.08
479.60
257.16
811.35
678.10
457.80
75.00 $
$
$
10,244.07
350.00
10,594.07
$
$
$
$
$
7,750.08
4,680.00
351.00
$
$
$
12,781.08
9,188.43
21,969.51
$
32,564.00
0.00
0.00
54.00
60.00
7.50
121.50
Phase III
Hours
1.00
37.00
40.00
3.00
27.00
33.00
22.00
16.00
131.00
8.00
Phase III
Cost
$
332.85
$ 9,383.20
$ 5,089.60
$
684.72
$ 4,376.16
$ 3,165.36
$ 2,828.76
$ 1,442.40
$ 8,883.11
$
610.40
Phase IV
Hours
4.00
45.00
49.00
4.00
45.00
48.00
17.00
4.00
120.00
8.00
Phase IV Cost
$
$
$
$
$
$
$
$
$
$
1,331.40
11,412.00
6,234.76
912.96
7,293.60
4,604.16
2,185.86
360.60
8,137.20
610.40
318.00 $ 36,796.56
$
300.00
$ 37,096.56
344.00 $
$
$
$
$
8.00 $ 1,148.16
$
$
-
$
$
8.00 $
$
$
8.00
$ 1,148.16
$
36.40
$ 1,184.56
$ 38,282.00
8.00
Phase V
Hours
0.00
10.00
18.00
2.00
2.00
0.00
8.00
0.00
24.00
8.00
Phase V Cost
$
$
$
$
$
$
$
$
$
$
2,536.00
2,290.32
456.48
324.16
1,028.64
1,627.44
610.40
43,082.94
350.00
43,432.94
72.00 $
$
$
8,873.44
400.00
9,273.44
1,148.16
-
$
$
$
$
$
-
$
$
$
-
$
$
$
1,148.16
36.40
1,184.56
$
44,617.00
0.00
$
9,274.00
Phase VI
Hours
0.00
11.00
74.00
0.00
0.00
8.00
8.00
0.00
6.00
0.00
Phase VI
Cost
$
$ 2,789.60
$ 9,415.76
$
$
$ 767.36
$ 1,028.64
$
$ 406.86
$
-
107.00 $ 14,408.22
$ 300.00
$ 14,708.22
0.00
$
$
$
$
$
-
$
$
$
-
$ 14,708.00
TOTALS
$
$
$
158,403.45
1,800.00
160,203.45
$
$
$
24,094.20
10,444.43
34,538.63
$
194,744.00
CONTINGENCY
ADD SERVICES
1. Geotechnical Investigation for signs
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
2.00 $
507.20
Deputy Project Manager/Sr LA $ 127.24
2.00 $
254.48
Project Engineer
$ 228.24
0.00 $
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
0.00 $
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
0.00 $
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Geotechnical Sub (United)
Pond Total
4.00 $
$
$
$
761.68
7,329.00
39.32
8,130.00
2. Geotechnical Investigation for artwork foundations
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
2.00 $
507.20
2.00 $
254.48
Project Engineer
$ 228.24
0.00 $
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
0.00 $
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
0.00 $
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Geotechnical Sub (United)
Pond Total
4.00 $
$
$
$
761.68
7,329.00
39.32
8,130.00
3. Additional Meetings
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
4.00 $
1,014.40
0.00 $
Project Engineer
$ 228.24
0.00 $
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
0.00 $
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
0.00 $
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Pond Total
4.00 $
$
$
1,014.40
15.00
1,029.40
4. Additional Council Meetings
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
4.00 $
1,014.40
6.00 $
763.44
Project Engineer
$ 228.24
0.00 $
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
0.00 $
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
3.00 $
203.43
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Pond Total
13.00 $
$
$
1,981.27
15.00
1,996.27
5. Public Arts Meeting
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
0.00 $
$ 127.24
5.00 $
636.20
Project Engineer
$ 228.24
0.00 $
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
0.00 $
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
0.00 $
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Pond Total
5.00 $
$
$
636.20
15.00
651.20
6. Two Design Variances for non-standard GDOT improvements
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
2.00 $
507.20
1.00 $
127.24
Project Engineer
$ 228.24
4.00 $
912.96
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
11.00 $
1,055.12
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
5.00 $
339.05
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Pond Total
23.00 $
$
$
2,941.57
58.43
3,000.00
7. Permitting for Modifications
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
1.00 $
253.60
2.00 $
254.48
Project Engineer
$ 228.24
3.00 $
684.72
Mid Level Engineer
$ 162.08
12.00 $
1,944.96
Design Engineer
$ 95.92
0.00 $
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
0.00 $
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Pond Total
18.00 $
$
$
3,137.76
50.00
3,187.76
8. Coordination with GDOT Bridge Office
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
2.00 $
507.20
$ 127.24
2.00 $
254.48
Project Engineer
$ 228.24
8.00 $
1,825.92
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
2.00 $
191.84
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
0.00 $
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Pond Total
14.00 $
$
$
2,779.44
50.00
2,829.44
9. Coordination with Norfolk Southern
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
1.00 $
253.60
$ 127.24
8.00 $
1,017.92
Project Engineer
$ 228.24
8.00 $
1,825.92
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
0.00 $
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
0.00 $
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Pond Total
17.00 $
$
$
3,097.44
50.00
3,147.44
10. Facilitation to set up PIOH
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
3.00 $
760.80
8.00 $
1,017.92
Project Engineer
$ 228.24
2.00 $
456.48
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
0.00 $
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
4.00 $
360.60
Drafter/Technician
$ 67.81
4.00 $
271.24
Clerical
$ 76.30
16.00 $
1,220.80
Labor Subtotal Pond
37.00 $
$
-includes $500 for advertisements, $400 for court
reporter, $100 misc
Pond Total
$
4,087.84
1,000.00
5,087.84
11. Full Phase 3 ESPC Plans
Billing Category
Rate
Phase I
Phase I Cost
Hours
Principal
$ 332.85
0.00 $
Project Manager
$ 253.60
2.00 $
507.20
2.00 $
254.48
Project Engineer
$ 228.24
4.00 $
912.96
Mid Level Engineer
$ 162.08
0.00 $
Design Engineer
$ 95.92
24.00 $
2,302.08
Electrical Engineer
$ 128.58
0.00 $
$ 90.15
0.00 $
Drafter/Technician
$ 67.81
10.00 $
678.10
Clerical
$ 76.30
0.00 $
Labor Subtotal Pond
Pond Total
42.00 $
$
$
4,654.82
50.00
4,704.82
12. PR Liason
Billing Category
SEI
Principal-PR Liason
Rate
$ 324.48
Labor Subtotal SEI
Direct Costs SEI( includes SEI subs)
SEI Total
13. Traffic Engineering Design Solutions
Billing Category
Rate
Principal
Project Manager
Project Engineer
Mid Level Engineer
Design Engineer
Electrical Engineer
Drafter/Technician
Clerical
$
$
$
$
$
$
$
$
$
$
332.85
253.60
127.24
228.24
162.08
95.92
128.58
90.15
67.81
76.30
Labor Subtotal Pond
Pond Total
Hours
Total
40.00 $
12,979.20
40.00 $
$
$
12,979.20
1,200.00
14,179.20
Phase I
Hours
0.00
8.00
8.00
8.00
30.00
54.00
0.00
0.00
10.00
0.00
Phase I Cost
$
$
$
$
$
$
$
$
$
$
2,028.80
1,017.92
1,825.92
4,862.40
5,179.68
678.10
-
118.00 $
$
$
15,592.82
100.00
15,692.82
CD-65 Pleasant Hill/Buford Highway Interchange Landscaping
Original
Revised Budget
Approved Budget
Land
Professional Services
Infrastructure
Machinery/Equipment
Contingency
Total
Project Length
Annual Maintenance
$1,000,000.00
$200,000.00
$800,000.00
$1,000,000.00
$1,000,000.00
Actual
$0.00
Delta Delta- Actual to
Revised to
Original
Original
$0.00
$0.00
($200,000.00)
$0.00
($800,000.00)
($1,000,000.00)
-20.0%
$0.00
$0.00
$0.00
$0.00
($1,000,000.00)
($1,000,000.00)
0.0%
Delta- Actual to
Revised
Footnotes:
A FY 2014 budget amendment moved the $1,000,000 GDOT State Billboard grant monies to this project.
The FY 2015 budget added $200,000 SPLOST 2014 funds for grant match monies.
The FY 2016 budget reduced the GDOT State Billboard grant to $800,000.
Updated estimates and grant funding:
PE Phase
CST Phase
Total
City of Duluth
54,000
186,000
240,000
20%
GDOT Grant
216,000
744,000
960,000
80%
Total
270,000
930,000
1,200,000
CD-65 Pleasant Hill Buford Hwy Interchg (20150909).xls
ORDINANCE TO AMEND ARTICLE XIV OF CHAPTER 7 OF THE DULUTH CODE ORDINANCES
PERTAINING TO ADULT ENTERTAINMENT ESTABLISHMENTS
The Council of the City of Duluth hereby ordains that Article XIV of Chapter 7 of the
Duluth Code of Ordinances is hereby amended by striking Section 7-609 in its entirety and
replacing the deleted language with the following:
Sec. 7-609. - Location.
(a) Premises for which an application is made for the licensing
of adult entertainment at the time of the application and at the time the license is
granted, if granted, shall be located only in a zoning district as the same is now or
hereafter delineated and defined by the zoning ordinances of the city.
No adult business or use restricted hereunder shall be located:
(1) Within six hundred (600) feet of any parcel of land which is either zoned or
used for residential uses or purposes (RA-200, R-100, R-75, RM, HRD, CBD or
residential portion of PUD);
(2) Within one hundred (100) feet of any parcel of land upon which a church,
school, governmental building, library, civic center, public park or playground
is located;
(3) Within one thousand (1000) feet of any parcel of land upon which another
establishment regulated or defined hereunder is located;
(4) Within one hundred (100) feet of any parcel of land upon which any other
establishment selling alcoholic beverages is located;
(5) On less than one (1) acre of land containing at least one hundred (100) feet of
road frontage.
(6) On a parcel of land other than one zoned to allow adult businesses pursuant
to the Unified Development Code of the city.
(b) For the purposes of this section, distance shall be by airline measurement from
property line, using the closest property lines of the parcels of land involved. The
term "parcel of land" means any quantity of land capable of being described by
location and boundary, designated and used or to be used as a unit.
(c) The completed building or the proposed building shall comply with
the ordinances of the city; regulation of the state revenue commissioner; the laws
of the state; and all other pertinent laws. The proposed building shall also be
subject to final inspection and approval when finished by the building inspector.
Each building in which the business is to be located shall contain sufficient
lighting so that the building itself and the premises on all sides of the building are
readily visible at all time from the street on which the building is located so as to
reveal all of the outside premises of such building. All premises for which a
license shall be issued shall afford therein adequate sanitary toilet facilities and
shall be adequately illuminated so that all hallways, passageways, and open areas
may be clearly seen by the customers therein.
Formatted: Font: Cambria
day of
, 2015.
_____________________________
Mayor Nancy Harris
_____________________________
Marsha A. Bomar
_____________________________
Jim Dugan
______________________________
Billy Jones
______________________________
Kelly Kelkenberg
______________________________
Greg Whitlock
______________________________
______________________________
______________________________
ATTEST:_________________________
IT IS SO ORDAINED this 14th day of September, 2015.
Mayor
Attest:
City Clerk
___________________________________
Those voting for:
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
CITY OF DULUTH
CITY COUNCIL
Staff Report
September 14, 2015
CASE NUMBER:
TA#2015-01
PROPOSED TEXT AMENDMENTS:
City of Duluth Municipal Code
ARTICLE 14, SECTION 7-609
Adult Entertainment Ordinance, Location
APPLICANT:
STAFF RECOMMENDATION:
City of Duluth
Department of Planning and Development
Approval
I.
PURPOSE AND INTENT OF THE REQUEST
The purpose of the proposed text amendments is to amend the following:
ARTICLE XIV, SECTION 7-609 “Location”
The intent of the proposed amendment is to correct the references to specific zoning districts as a
result of the passage of the Unified Development Code (UDC). The UDC converted several
zoning districts into combined or newly-formed districts, which resulted in the need to amend the
location section of the Adult Entertainment Ordinance which specifically refers to zoning
districts.
II.
DESCRIPTION OF THE PROPOSED TEXT AMENDMENTS
The Municipal Code of the City of Duluth shall be amended by striking Section 7-609 of
Chapter 7, Article XIV in its entirety and replacing the same with a new Section 7-609, to
read as follows:
Sec. 7-609. - Location.
(a) Premises for which an application is made for the licensing of adult entertainment at
the time of the application and at the time the license is granted, if granted, shall be
located only in a zoning district as the same is now or hereafter delineated and defined
by the zoning ordinances of the city. No adult business or use restricted hereunder
shall be located:
(1) Within six hundred (600) feet of any parcel of land which is either zoned or used
for residential uses or purposes (RA-200, R-100, R-75, RM, HRD, CBD or
residential portion of PUD);
(2) Within one hundred (100) feet of any parcel of land upon which a church, school,
governmental building, library, civic center, public park or playground is located;
(3) Within one thousand (1000) feet of any parcel of land upon which another
establishment regulated or defined hereunder is located;
(4) Within one hundred (100) feet of any parcel of land upon which any other
establishment selling alcoholic beverages is located;
(5) On less than one (1) acre of land containing at least one hundred (100) feet of road
frontage.
(6) On a parcel of land other than one zoned to allow adult businesses pursuant to the
Unified Development Code of the city.
(b) For the purposes of this section, distance shall be by airline measurement from
property line, using the closest property lines of the parcels of land involved. The term
"parcel of land" means any quantity of land capable of being described by location and
boundary, designated and used or to be used as a unit.
(c) The completed building or the proposed building shall comply with the ordinances of
the city; regulation of the state revenue commissioner; the laws of the state; and all
other pertinent laws. The proposed building shall also be subject to final inspection
and approval when finished by the building inspector. Each building in which the
business is to be located shall contain sufficient lighting so that the building itself and
the premises on all sides of the building are readily visible at all time from the street on
which the building is located so as to reveal all of the outside premises of such
building. All premises for which a license shall be issued shall afford therein adequate
sanitary toilet facilities and shall be adequately illuminated so that all hallways,
passageways, and open areas may be clearly seen by the customers therein.
III.
STAFF RECOMMENDATION
The City of Duluth Department of Planning and Development recommendation is as follows:
Approval of TA#2015-01 as submitted.
ORDINANCE TO AMEND ARTICLE 6 OF THE UNIFIED DEVELOPMENT CODE OF THE CITY OF
DULUTH, GEORGIA PERTAINING TO SIGNS AND FOR OTHER PURPOSES
The City Council of the City of Duluth, Georgia hereby ordains that the Unified Development
Code of the City of Duluth, Georgia is amended by striking Article 6 in its entirety and replacing the
deleted language with a new Article 6 as provided in Exhibit “A” which is attached hereto and
incorporated herein by reference.
day of
, 2015.
_____________________________
Mayor Nancy Harris
_____________________________
Marsha A. Bomar
_____________________________
Jim Dugan
______________________________
Billy Jones
______________________________
Kelly Kelkenberg
______________________________
Greg Whitlock
______________________________
______________________________
______________________________
ATTEST:_________________________
EXHIBIT A
Article 6. Sign Regulations
Article 6 provides for the types of signs that may be placed on a
property, and regulates such characteristics as their size, number, placement, and timing.
Table of Contents
Section 601.
601.01
601.02
601.03
Page
Findings, Purpose and Intent. ..............................................................................................6-1
Statement of Legislative Purpose. ...............................................................................................................6-1
Findings of Fact. ...........................................................................................................................................6-1
Purpose and Intent. .....................................................................................................................................6-2
Section 602.
Definitions. .........................................................................................................................6-2
Section 603.
Applicability...................................................................................................................... 6-15
603.01
603.02
603.03
Section 604.
604.01
604.02
604.03
604.04
604.05
604.06
604.07
604.08
604.09
Section 605.
605.01
605.02
605.03
605.04
Section 606.
606.01
606.02
606.03
606.04
606.05
606.06
Signs that are Regulated. ...........................................................................................................................6-15
Signs that are Exempt from Permitting Requirements. .............................................................................6-15
Signs that are Prohibited. ...........................................................................................................................6-15
Requirements that Apply to Signs in General. .................................................................... 6-18
Compliance with Other Codes and Provisions. ..........................................................................................6-18
Computation of Sign Area. .........................................................................................................................6-18
Number of Signs. ........................................................................................................................................6-20
Height Measurements. ..............................................................................................................................6-20
Lighting Restrictions. ..................................................................................................................................6-21
Construction and Maintenance. ................................................................................................................6-21
Language and Legibility. .............................................................................................................................6-21
Visibility Clearance Area.............................................................................................................................6-22
Electronic Changeable Copy Signs. ............................................................................................................6-22
Regulation of Principal Freestanding and Principal Building Signs. ...................................... 6-24
Applicability................................................................................................................................................6-24
Principal Signs—Residential Use Property. ................................................................................................6-24
Table 6-A: Principal Freestanding and Building Signs—Residential Uses ..................................................6-25
Principal Signs—Nonresidential Use Property. ..........................................................................................6-26
Table 6-B: Principal Freestanding and Building Signs—Nonresidential Uses .............................................6-28
Adjustments. ..............................................................................................................................................6-29
Table 6-C: Major Roadway Adjustment .....................................................................................................6-30
Table 6-D: Community Activity Center Adjustment ....................................................................................6-31
Regulation of Project Entrance Signs.................................................................................. 6-32
Applicability................................................................................................................................................6-32
Sign Structure. ............................................................................................................................................6-32
Project Entrance Sign Installations. ............................................................................................................6-32
Entrances to Subdivisions. .........................................................................................................................6-33
Entrances to Un-Subdivided Developments. .............................................................................................6-33
Illumination. ...............................................................................................................................................6-33
Table 6-E: Project Entrance Signs—By Land Use ........................................................................................6-34
6-i
Section 601 Findings, Purpose and Intent.
Section 607.
607.01
607.02
Section 608.
608.01
608.02
608.03
608.04
608.05
608.06
Section 609.
609.01
609.02
609.03
609.04
609.05
609.06
Section 610.
610.01
610.02
610.03
610.04
610.05
610.06
Section 611.
611.01
611.02
611.03
Section 612.
612.01
612.02
612.03
City of Duluth UDC
Landscaping Requirements for Signs. ................................................................................. 6-34
Landscaping Required. .............................................................................................................................. 6-34
Maintenance of required plant materials. ................................................................................................ 6-35
Additional Regulations for Specific Types of Signs. ............................................................. 6-35
Miscellaneous Freestanding Signs. ............................................................................................................ 6-35
Miscellaneous Building Signs. .................................................................................................................... 6-36
Billboards. .................................................................................................................................................. 6-37
Flags. .......................................................................................................................................................... 6-38
Suspended Signs. ....................................................................................................................................... 6-38
Changeable Copy Signs. ............................................................................................................................. 6-39
Temporary Signs. .............................................................................................................. 6-39
Temporary Signs; Allowed. ........................................................................................................................ 6-39
Issuance of a Temporary Sign Permit. ....................................................................................................... 6-39
Size of Temporary Signs. ........................................................................................................................... 6-39
Location of Temporary Signs. .................................................................................................................... 6-40
Construction and Lighting Standards of Temporary Signs. ....................................................................... 6-40
Temporary Banners, Portable Signs, Festoons and Inflatable Signs. ........................................................ 6-40
Sign Permits; Requirements and Procedures. ..................................................................... 6-42
Issuance of Permits for Permanent Signs. ................................................................................................. 6-42
Issuance of Permits for Temporary Signs. ................................................................................................. 6-42
Application for a Sign Permit. .................................................................................................................... 6-43
Process for sign permit approval. .............................................................................................................. 6-43
Master Sign Plans. ..................................................................................................................................... 6-44
Fees. .......................................................................................................................................................... 6-45
Nonconforming Signs. ....................................................................................................... 6-45
Nonconforming Signs; Registration. .......................................................................................................... 6-45
Nonconforming Signs; Provisions. ............................................................................................................. 6-45
Relocation of a Nonconforming Sign. ........................................................................................................ 6-46
Special Exceptions for Signs. .............................................................................................. 6-46
Prior Variances. ......................................................................................................................................... 6-46
Special Exceptions. .................................................................................................................................... 6-46
Special Exception Approval Procedure. ..................................................................................................... 6-46
Section 613.
Intent, Interpretation and Severability. ............................................................................. 6-46
Section 614.
Administration, Enforcement, and Penalties. ..................................................................... 6-47
614.01
614.02
614.03
614.04
6-ii
Enforcement. ............................................................................................................................................. 6-47
Inspections. ............................................................................................................................................... 6-47
Abandoned Signs. ...................................................................................................................................... 6-48
Administrative Fees, Citations and Penalties. ........................................................................................... 6-48
Article 6.
Sign Regulations
Section 601. Findings, Purpose and Intent.
601.01
Statement of Legislative Purpose.
(a) The Mayor and Council recognize that signs provide an important medium through which individuals, businesses, and government may convey a variety of messages. However, left unregulated,
signs can become a threat to the public health and safety as a traffic hazard, as a detriment to
property values, and as an aesthetic nuisance affecting the overall economic growth of Duluth.
Numerous professional studies have been prepared that examine and establish the effect of signs
on traffic safety, aesthetics and economic prosperity, including the following:
1.
Klauer, S.G., T.A. Dingus, V.L. Neale, J.D. Sudweeks, D.J. Ramsey. “The Impact of Driver
Inattention on Near-Crash/Crash Risk: An Analysis Using the 100-Car Naturalistic Driving
Study Data.” National Highway Traffic Safety Administration. DOT HS 810 594. April 2006.
2.
Snyder, Jonathan, Samuel S. Fels Fund. “Beyond Aesthetics: How Billboards Affect Economic Prosperity.” December 2011.
3.
Wachtel, J., 2009. “Safety Impacts of the Emerging Digital Display Technologies for Outdoor Advertising Signs.” Prepared for AASHTO and the Standing Committee on Research
of the National Cooperative Highway Research Program (NCHRP), April 2009. The Veridian
Group, Inc., Berkeley, California.
4.
Weitz, Jerry, Ph.D.,AICP. “The Public Purpose of Roswell's Sign Ordinance and the Implications of Doing Without It: A Position Paper.” December 7, 1999.
(b) Based on a review of the cited materials and the studies referenced therein as well as other related studies, the Mayor and Council find that unregulated signs:
(1) Can be a safety hazard to drivers and pedestrians;
(2) Can be a detriment to the public health;
(3) Can hamper economic growth;
(4) Can lower property values;
(5) Can adversely impact public investments;
(6) Can degrade the utility of public safety signs; and
(7) Can adversely impact the aesthetic quality of the community and surrounding environment.
601.02
Findings of Fact.
The Mayor and Council find that:
(a) Signs are a proper use of private property, are a means of personal free expression and a necessary component of a commercial environment. As such, signs are entitled to the protection of the
law. However, an improperly regulated sign environment imposes health and safety dangers to
the public;
(b) The result of effective sign regulation will be to lessen hazardous conditions, confusion and visual
clutter caused by the proliferation, improper placement, illumination and excessive height and
size of signs which compete for the attention of pedestrians and vehicular traffic;
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Section 602 Definitions.
City of Duluth UDC
(c) Proper regulation of signs is a necessary prerequisite to a peaceable, orderly and safely designed
business environment;
(d) Through proper regulation of signs, the aesthetic attractiveness and economic well-being of the
city will be enhanced as a place to live, work and conduct business.
(e) Concerns about aesthetic and safety issues as balanced with concerns about freedom of expression or speech are reasonably promoted in the City of Duluth by the provisions of this Article.
601.03
Purpose and Intent.
The purpose and intent of these sign regulations are:
(a) To aid in the identification of businesses and other commercial establishments in the City for police, fire and other emergency responses, and to avoid confusion and delay in response to such
emergencies;
(b) To protect the public health, morals and welfare from the display of unconstitutionally obscene
language and the advertisement of illegal activities.
(c) To promote the mental and physical health, safety and welfare of the public by providing for the
orderly and harmonious display of signs within the community;
(d) To maintain and enhance the aesthetic environment by minimizing visual clutter, encouraging a
positive visual environment, and avoiding the erection of displays which produce deleterious and
injurious effects to adjacent properties and to the natural beauty of the environment;
(e) To provide for the safety of the traveling public, both vehicular and pedestrian, by limiting distractions, hazards, and obstructions;
(f)
To maintain the City’s ability to attract sources of economic development and growth and to aid
in the identification of properties and enterprises for the convenience of the public;
(g) To protect the historical character of the city;
(h) To encourage the effective use of signs as a means for communication in the City of Duluth by
allowing the maximum amount of expression or speech consistent with the compatibility of such
expression or speech with other land uses and with the aesthetic and public health, safety and
welfare concerns which the City of Duluth is charged by law and the Georgia Constitution with
preserving and protecting;
(i)
To enable the fair and consistent enforcement of these sign regulations while supporting the policies contained in the Comprehensive Plan.
Section 602. Definitions.
For the purposes of this Article, the following words and terms shall have the meanings respectively
ascribed, in addition to the definitions contained in the Interpretation and Definitions Article of this
Development Code. If the same word or phrase is defined in this Article, below, and in the Interpretations and Definitions Article, the definition contained in this Article shall be taken as the correct definition and applied throughout this Development Code.
Architecturally Treated. A structure that is constructed of or covered with such materials as brick,
stone, painted or treated wood, or stucco, or covered with artificial representations of such materials
that are visually undistinguishable from the natural materials and have a life expectancy of at least 20
years as evidenced by a manufacturer’s warranty.
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Banner. See “sign, banner”.
Beacon. A stationary or revolving light which flashes or projects illumination, single color or multicolored, in any manner which is intended to attract or divert attention; except, however, this term is
not intended to include any kind of lighting device which is required or necessary under the safety
regulations described by the Federal Aviation Administration or similar agencies.
Building Canopy. See under “canopy”.
Building Sign. A sign that in any manner is fastened to, projects from, or is placed upon the exterior
wall, or a window, door or roof of a building. The term “building sign” includes but is not limited to the
following:
(1) Awning Sign. A sign imposed, mounted or painted upon an awning.
(2) Building Marker. A sign composed of concrete, bronze or other permanent material which is
built into the surface of the building at the time of its construction.
(3) Canopy Sign. A sign imposed, mounted or painted upon a canopy, as defined herein.
(4) Mansard Sign. A sign imposed, mounted or painted upon the fascia portion of a mansard
roof.
(5) Marquee Sign. Any sign attached flat against or upon a permanent marquee of a building.
(6) Projecting Sign. A sign affixed flat to a wall and extending more than 6 inches from the surface of such wall, or any sign attached to and extending at an angle from a wall surface (usually perpendicular).
(7) Roof Sign. A sign that is mounted on, applied to, or otherwise structurally supported by the
roof of a building (other than the fascia portion of a mansard roof).
(8) Under-Canopy Sign. A display attached to the underside of a marquee or building canopy
and protruding over a pedestrian walkway.
(9) Wall (or Façade) Sign. A sign that is fastened to, painted on or placed directly upon the exterior wall of a building façade or building canopy, with the sign face parallel to the wall or
canopy face.
(10) Window Sign. A sign that is applied, painted or placed on, behind or inside a windowpane or
a glass door and intended to be viewed from outside the building.
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The following are Illustrative Examples of Building Signs by Type:
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Wall Sign
Wall Sign
Wall Sign
Awning Signs
Awning Sign
Building Marker
Canopy Sign
Mansard Sign
Marquee Sign
Projecting Sign
Projecting Sign
Roof (and Canopy) Sign
Under-Canopy Sign
Under-Canopy Sign
Window Sign
Window Signs
City of Duluth UDC
Business Park. One or more buildings located on a property in common ownership, management or
operation, units of which are owned, leased or rented primarily for office, institutional or light industrial purposes.
Canopy:
(1) Building Canopy. A permanent roof-like structure projecting from a building and open on at
least one side for the purpose of shielding a pedestrian walkway from the elements.
(2) Freestanding Canopy. A freestanding roof-like structure supported by columns intended to
shield a vehicular driveway or service area from the elements.
Character Area. A portion of the city designated as any one of the various “character areas” created
within the City’s Comprehensive Plan and shown as to its boundaries and extent on the Future Development Map subtitled “Character Areas” included as a part of said Plan, and as may be amended from
time to time by the City Council.
Column Sign. See under “freestanding sign”.
Commercial Speech. The expression of an idea, opinion or message that directs or attracts attention
to a business operated for profit; or to a product, commodity or service for sale, trade, barter, swap or
lease; or to any other commercial interest or activity.
Days. The term “days” shall mean working days exclusive of holidays authorized by the Mayor and
Council and weekends, unless the term is stated as “calendar days” or the context implies otherwise.
Façade. The exterior vertical surfaces of a building that
comprise the front, side or rear wall.
Feather Banner. A banner mounted on a pole, such as
the examples shown to the right. Such signs may be wind
activated (see “sign, animated”) or rigidly mounted in a
stationary position.
Festoons. Strings of light bulbs or other lighted devices,
and strings of ribbons, tinsel, pennants, streamers, pinwheels or other similar devices designed to move in the
wind.
Examples of Feather Banners
Flag. A sign made of paper, woven natural or synthetic fabric, thin plastic or similar lightweight pliable
material that is normally displayed by flying from a pole as a wind-activated device, but is not otherwise
defined herein as a banner, pennant or feather banner.
Fluorescent Color. A color that is intense, brilliantly colored and apparently giving off light, such as day
glow (day-glo) colors.
Freestanding Canopy. See under “canopy.”
Freestanding Sign. A permanent sign which is attached to or part of a completely self-supporting structure, other than a building. The supporting structure shall be set firmly in or below the ground surface
and shall not be attached to any building or any other structure, whether portable or stationary. The
term “freestanding sign” includes but is not limited to the following:
(1) Pole Sign. A sign that is mounted on one or more freestanding stanchions or columns such
that the sign body is elevated above the ground by such supporting stanchions or columns,
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and such supporting stanchions or columns are each less than 10% of the width of the sign
body.
(2) Column Sign. A sign that is mounted on one or more freestanding stanchions or columns
such that the sign body is elevated above the ground by such supporting stanchions or columns, and such supporting stanchions or columns are each 10% of the width of the sign body
or more.
(3) Monument Sign. A freestanding sign in which the entire bottom of the base of the sign structure is in contact with the ground, providing a solid and continuous background for the sign
from the ground to the top of the sign structure; the base of which is as wide as or wider
than the total width of the sign body plus any supporting columns.
(4) Hybrid Monument Sign. A freestanding sign in which the entire bottom of the base of the
sign structure is in contact with the ground, but a solid and continuous background for the
sign from the ground to the top of the sign structure is not provided; the base of which is as
wide as or wider than the total width of the sign body plus any supporting columns.
The following are Illustrative Examples of Freestanding Signs by Type:
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Pole Sign
Pole Sign
Column Sign
Column Sign
Column Sign
Monument Sign
City of Duluth UDC
Monument Sign
Monument Sign
Hybrid Monument Sign
Ground Cover. Low growing, spreading plants, other than turf grass, such as but not limited to ivy,
liriope, juniper, mondo grass or sedge.
Guy or Guy Wire. A cable used to support or stabilize a freestanding pole or structure, such as a lattice
telecommunications or citizen’s band antenna, utility pole or traffic signal stanchion.
Holiday or Seasonal Event. A day established as a legal holiday by federal, state or local law; a nationally recognized holiday such as Halloween or Mother’s Day; a nationally recognized calendar season
such as Fall or Spring; a religious day or term of days such as Easter, Yom Kippur or Christmas, or Lent,
Ramadan or Hanukah.
Hybrid Monument Sign. See under “freestanding sign.”
Illuminated Sign. See “sign, illuminated”.
Incidental Sign. See “sign, incidental”.
Iridescent Color. A color which varies in color when seen at different angles; having a play of lustrous
rainbow-like colors; pearlescent.
Kiosk. A freestanding sign structure, often cylindrical in shape, intended to be viewed from all sides
and erected for the purpose of posting signs, notices or other public announcements. Kiosks that are
composed of flat faces are treated as multi-faced signs.
Landscape Materials. Any combination of living plant materials, nonliving materials (such as rocks,
pebbles, wood chips, mulch and pavers) and decorative features such as sculpture, patterned walks,
fountains, and pools. This definition includes synthetic landscaping materials that are visually indistinguishable from natural materials.
Leased Sign. An agreement by which a property owner conveys, usually for a specified rent, to other
persons, permission to erect and maintain a sign upon their property.
LED Sign. Any sign or portion thereof that uses light emitting diode technology or other similar semiconductor technology to produce an illuminated image, picture, or message of any kind whether the
image, picture, or message is moving or stationary. This type of sign includes any sign that uses LED
technology of any kind, whether conventional (using discrete LEDs), surface mounted (otherwise
known as individually mounted LEDs), transmissive, organic light emitting diodes (OLED), light emitting
polymer (LEP), organic electro polymer (OEL), or any other similar technology. An LED sign is considered to be a form of electronic changeable copy sign (see under “sign, changeable copy”).
Marquee Sign. See under “building sign.”
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Miscellaneous Building Sign. A building sign (as defined herein), other than a principal building sign, a
temporary sign or an incidental sign, commonly found on the wall of a nonresidential use property.
The following are Illustrative Examples of Miscellaneous Building Signs:
Miscellaneous Freestanding Sign. A freestanding sign, other than a freestanding principal sign, temporary sign or incidental sign, commonly found on multi-family and nonresidential use properties located at entrance and exit driveways, drive-through windows, internal driving lanes, parking lots, designated handicap parking spaces, etc.
The following are Illustrative Examples of Miscellaneous Freestanding Signs:
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Monument Sign. See under “freestanding sign.”
Nonresidential Use. See “use, nonresidential.”
Parapet Wall. A building façade that extends above the eave line or edge of
a roof.
Pennant. A lightweight plastic, fabric or similar material designed to move
in the wind; pennants are often suspended from a rope, wire, or string in
series. The term “pennant” shall not include a “banner” or a “flag” as regulated by this Article.
Personal (noncommercial) Speech. The expression of an idea, opinion or
message that does not direct or attract attention to a business operated for
profit; or to a product, commodity or service for sale, trade, barter, swap
or lease; or to any other commercial interest or activity.
A Parapet Wall
Planned Center. A single office, medical, commercial or industrial property that is designed or intended
for occupancy by two or more principal businesses that are separately owned and have no corporate
relationship. A planned center may consist of a single building, such as a shopping center, or multiple
buildings, such as an office condominium center.
Pole Sign. See under “freestanding sign.”
Portable Sign. See “sign, portable”.
Principal Building. The building in which is conducted the principal use of the parcel on which it is
located. Parcels with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.
Principal Sign. See “sign, principal”.
Project Entrance Sign. See “sign, project entrance”.
Residential Use. See “use, residential.”
Roof Sign. See under “building sign.”
Seasonal Event. See “holiday or seasonal event”.
Shopping Center. See “planned center.”
Shrub. A self-supporting woody plant that may reach a height of less than 15 feet, such as but not
limited to azalea, boxwood, yew, hawthorn, hydrangea, holly, nandina or camellia.
Sign. Any structure, device, object, design or display that is used or intended to be used to attract the
attention of or to convey information to the public, and that is placed in such a way, whether out of
doors or inside or near a window, as to be in the view of the general public from the exterior of any
building on the property.
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Sign, A-frame, Sidewalk or Sandwich. A temporary, movable sign not secured
or attached to the ground or surface upon which it is located. This type of sign
is typically “A” shaped or in some variation thereof and which is usually double
sided. This includes a sign displayed on an easel.
Sign, Aggregate Area. The combined sign area of all sign faces of a particular
category on a single parcel. For example the aggregate sign area of all freestanding signs on a parcel is the sum total of the sign face areas of all freestanding signs on such parcel.
Sign, Animated. A sign that has moving parts or includes action, motion, or
A-Frame Sign
color changes, or the optical illusion of action, motion, or color changes, including signs using electronic ink, signs set in motion by wind or by mechanical means such as the blowing
of air or motorized parts, or made up of a series of sections that turn, including any type of screen
using animated or scrolling displays such as an LED (light emitting diode) screen or any other type of
video display.
Sign, Banner. A sign of fabric, thin plastic or similar lightweight material that is mounted to a pole or a
building at one or more edges and is intended or displayed as commercial speech. Flags displaying
noncommercial speech shall not be considered to be banners.
Sign, Billboard. Any monument sign erected on undeveloped property.
Sign Body. That portion of a sign structure that is intended or designed primarily to support or display
the sign face, exclusive of the sign’s base or decorative cap, if any.
Sign, Building Marker. See under “building sign”.
Sign, Canopy. See under “building sign”.
Sign, Changeable Copy. A type of animated sign that is capable of changing the position or format of
word messages or other displays on the sign face or change the visible display of words, numbers,
symbols and graphics by the use of a matrix of electric lamps, movable discs, movable panels, light
apertures or other methods, provided these changes are actuated by either a control mechanism or
manually on the face of the sign. Changeable copy signs include the following types:
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City of Duluth UDC
(1) Manually activated: A sign whose alphabetic, pictographic, or symbolic informational content can be changed or altered by placing such letters or other message elements directly on
the sign face by hand.
(2) Electronic: A sign whose alphabetic, pictographic, or symbolic informational content can be
changed and is displayed electrically or electronically. See also “LED sign”.
Sign, Channeled Letter. Signs that have their letters cut out of the sign face or raised above the sign
face, described as:
(1) Internally channeled letters: Letters or
other symbols cut into a sign face and located above a recessed background surface, often
designed for the background surface to be illuminated by an artificial light source.
(2) Reverse channeled letters: Letters or other symbols raised above a background surface designed to be illuminated from behind and within the letters or symbols by an artificial light
source.
Sign Copy. The words, letters, figures, symbols, logos, fixtures, colors or other design elements that
are used to convey the message, idea or intent for which a sign has been erected or placed.
Sign, Dilapidated/Deteriorated. A sign that is structurally unsound, has defective parts, or is in need
of painting or other maintenance.
Sign, Double-Faced. A sign structure with two sign faces that are parallel (back-to-back) or that form
an angle to one another of no more than 60 degrees, where each sign face is designed to be seen from
a different direction and the two sign faces are separated from each other at their nearest point by no
more than 12 inches. Sign faces or sign modules on a single sign structure that are separated by more
than 12 inches are treated as separate signs.
Sign Face. That portion of the surface of a sign structure where words, letters, figures, symbols, logos,
fixtures, colors, or other design elements are or may be located in order to convey the message, idea,
or intent for which the sign has been erected or placed. The sign face may be composed of two or more
modules on the same surface that are separated or surrounded by portions of a sign structure not
intended to contain any advertising message or idea and are purely structural or decorative in nature.
Sign, Flag. See “flag”.
Sign, Height. The vertical distance from the ground to the highest point of the sign structure, as measured from the adjacent finished grade at the base of the sign.
Sign, Illuminated. Any sign or portion thereof which is illuminated by artificial light, either from an
interior or exterior source, including outline, reflective or phosphorescent light, whether or not the
source of light is directly affixed as part of the sign, and shall also include signs with reflectors that
depend upon sunlight or automobile headlights for an image.
(1) Direct or Internal Illumination. A sign illuminated by an internal source.
(2) Indirect or External Illumination. A sign illuminated by an external light source directed primarily toward such sign.
Sign, Incidental. A small sign, emblem or decal no larger than 1½ square feet in area. Such signs are
normally located on doors, windows and gas pumps, or in parking lots or loading areas, may be freestanding or building signs, and are generally not readily visible or legible from public rights-of-way.
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The following are Illustrative Examples of Incidental Signs:
Sign, Inflatable. A sign that is either expanded to its full dimensions through mechanical means of an
air blower or supported by gasses contained within the sign, or sign parts, at a pressure greater than
atmospheric pressure.
Sign, Kiosk. See “kiosk”.
Sign, Marquee. See under “building sign”.
Sign, Mobile. See “vehicular sign”.
Sign Module. Each portion or unit of a sign face that is clearly separable from other such units by virtue
of its individual or independent construction or framing.
Sign, Monument. See under “freestanding sign”.
Sign, Multi-Faced. A single freestanding sign structure consisting of two sign faces (see “double-faced
sign”) or three or more sign faces that are separated from each other at their nearest point by no more
than 12 inches. Sign faces or sign modules on a single sign structure that are separated by more than
12 inches are treated as separate signs.
Sign, Neon. An illuminated sign containing a glass tube filled with neon or phosphors, which is bent to
form letters, symbols or other shapes, or otherwise used to highlight, decorate or outline the sign.
Sign, Nonconforming. A sign legally existing at the time of its placement or erection that could not
have been approved under the terms of this Article.
Sign, Permanent. Any sign that is securely affixed to the ground or to a building and not readily removable. Temporary signs are not considered to be permanent signs.
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Sign, Pole. See under “freestanding sign”.
Sign, Portable. A sign whose principal supporting structure is intended, by design and construction, to be
used by resting upon the ground for support and may be easily moved or relocated for reuse. Portable
signs shall include, but are not limited to, signs mounted upon a trailer, bench, wheeled carrier or other
non-motorized mobile structure with or without wheels. See also “sign, a-frame, sidewalk or sandwich”.
Sign, Principal. The main, most prominent or largest freestanding or building sign on a property’s street
frontage or principal building, other than a project entrance sign as defined in this Article. Such signs
are of permanent construction and not placed as temporary signage.
Sign, Prohibited. Any sign, other than a non-conforming sign, not conforming to this Article.
Sign, Project Entrance. A permanent freestanding sign located at an entrance designed and permitted
for vehicular access into a multi-family development, or into a development containing multiple lots,
such as but not limited to a particular single-family residential subdivision, a townhouse condominium
subdivision, or a commercial subdivision such as an office park or industrial park where buildings are
located on separate lots.
The following are Illustrative Examples of Project Entrance Signs:
Sign, Projecting. See under “building sign”.
Sign, Roof. See under “building sign”.
Sign, Temporary. Any sign, the use of which is short-term in nature, that is affixed to or placed on the
ground or to a building but is readily removable and not intended for permanent installation.
Sign, Under Canopy. See under “building sign”.
Sign, Wall. See under “building sign”.
Subtenant. A natural person, business or other entity that subleases or is otherwise allowed to occupy
a portion of land or a building, the majority of which is also occupied by a tenant. For the purposes of
this Development Code, a subtenant is not treated as a “tenant” as defined herein.
Tenant. A natural person, business or other entity that occupies land or buildings by ownership, under
a lease, through payment of rent, or at will; the primary occupant, inhabitant, or dweller of a place.
See also “subtenant”.
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Tenant Frontage. The horizontal distance in feet between the walls that delimit an exterior façade of
a tenant space. A “tenant space” may be a stand-alone building with a single occupant, or a portion of
a planned center that is separated from all other tenant spaces for occupancy by a single tenant.
Use, Nonresidential. A principal use that is a business engaged in the sale of goods or the provision of
personal, professional, business, entertainment or other services; an institutional or nonprofit organization; a business engaged in the fabrication, manufacture or production of durable or non-durable
goods; an activity for the administration or support of a business or organization; or a place of lodging
for the travelling public, such as a hotel, motel or bed and breakfast.
Use, Residential. A principal use that is intended for occupancy by an owner or lessee as their permanent place of abode.
Vehicular Sign. Any sign placed, mounted, painted on or affixed to a motor vehicle or to a freight, flatbed or storage trailer or other conveyance, whether motorized or drawn.
The following are Illustrative Examples of Vehicular Signs:
Wall Sign. See under “building sign.”
Window Sign. See under “building sign.”
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Section 603 Applicability.
Section 603. Applicability.
603.01
Signs that are Regulated.
The regulations and requirements of this Article apply to all signs that are or are intended to be viewed
from a public right-of-way or adjacent property, or that are intended to be viewed from outdoor areas
of private property, except as otherwise exempt under this Section.
603.02
Signs that are Exempt from Permitting Requirements.
The following signs are exempt from the permitting requirements of this Article; provided, however,
that all such signs must meet the setback requirements of this Article and shall not be located within
any public right-of-way or within any Visibility Clearance Area set forth in Section 604.08.
(a) Signs erected by or at the direction of the City or any government entity in the right-of-way or on
any government owned parcel are exempt from provisions of this Article.
(b) Historic markers authorized by the City are exempt.
(c) Property address numbers as required by the City are considered “official governmental signs”
and are exempt.
(d) Incidental signs (as defined in this Development Code) that are located in conjunction with a multifamily or nonresidential use are exempt, provided such signs are not illuminated and that the
aggregate of all such signs on a property may not exceed 9 square feet (unless a larger aggregate
area is required by law or government regulation).
(e) Displays or decorations related to a holiday or seasonal event (as defined in this Development
Code) that are placed on a property by the owner or with the owner’s permission as personal
(noncommercial) speech (also as defined in this Development Code) are exempt.
(f)
Signs containing a non-commercial message with a maximum total sign face area not to exceed
sixteen (16) square feet per lot and a maximum height of four (4) feet per sign.
(g) Signs located on property which is listed for sale or lease with a total maximum area of sixteen
(16) square feet per lot and a maximum height of four (4) feet per sign.
(h) Window displays of goods available on a site are not considered to be signs and are exempt from
these sign regulations.
(i)
603.03
A building design or color that is associated with a particular establishment or organization but
which conveys no message is not considered to be a sign and is exempt from these sign regulations.
Signs that are Prohibited.
The following signs are prohibited to the extent noted.
(a) All signs, other than legal non-conforming signs, which are not in compliance with this Article are
prohibited and illegal and shall not be erected or maintained.
(b) Privately owned signs erected on or above public property.
(1) No person shall erect a sign on or projecting over public property other than the governmental entity responsible for such property, or a public utility company or contractor occupying
or working on public property pursuant to government contract or franchise.
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(2) For the purpose of this Article the public right-of-way shall be measured and determined by
the utility poles, unless otherwise indicated or more detailed information is available.
(c) Any sign placed or erected on a property without the permission of the property owner.
(d) Roof signs, as defined in this Development Code.
(e) Vehicular signs, as defined in this Article, are not allowed to be placed or parked in such a manner
as to be viewed or intended to be viewed from a public right-of-way, except that this prohibition
shall not apply in the following circumstances:
(1) When such conveyances are actively being used to transport persons, goods or services in
the normal course of business;
(2) When such conveyances are parked in an inconspicuous area; or
(3) When such conveyances are actively being used for storage of construction materials for,
and on the same lot with, a bona fide construction project for which building and other applicable permits have been issued and where construction is underway.
(f)
Animated signs, except electronic changeable copy signs, banners and flags as may be regulated
by this Article, are not allowed.
(g) Signs that pose a threat to public safety are not allowed, such as:
(1) Signs containing or imitating an official traffic sign or signal or contain the words “stop”, “go”,
“danger”, “caution”, “warning”, or similar words, except for construction signs and barricades and except when the words are incorporated in the permanent name of a business.
(2) Signs that display intermittent or blinking lights resembling the flashing lights customarily
used in traffic signals or on police, fire, ambulance or rescue vehicles.
(3) Signs located so as to obscure, or otherwise interfere with the effectiveness of any official
traffic sign, signal or device.
(4) Signs located so as to obscure, or otherwise interfere with a motor vehicle operator’s view
of approaching, merging, or intersecting traffic.
(5) Signs that obstruct any fire escape; any means of ingress, egress, or ventilation; or prevent
free passage from one part of a roof to any other part thereto; and signs attached in any
manner to a fire escape.
(h) Hand written, hand painted, handmade or other unprofessionally fabricated signs. A “professionally” hand-painted sign is one that has been prepared or created by a person engaged in the paid
occupation of sign-painting and generally reproduces font sets created by such foundries as
Adobe, Microsoft, BitStream, etc.
The following are illustrative examples of “professionally” hand-painted signs that would not be
prohibited:
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(i)
Signs located on courtesy benches, waste containers, trashcans and similar devices.
(j)
Pole signs and column signs, except historic pole signs allowed under Section 605.04(c)(1).
(k) Signs displaying words, characters, and/or illustrations of an obscene, indecent or immoral nature
as defined by the Code of Ordinances of the City of Duluth or as defined by the State of Georgia
at O.C.G.A. Section 16-12-80 (b), or displaying nudity as defined by the State of Georgia at O.C.G.A.
Section 16-12-81 (b)(1).
(l)
Signs that advertise or encourage illegal activity as defined by local, state or federal laws.
(m) Unshielded illuminated devices that produce glare or create a hazard or nuisance to motorists or
occupants of adjacent properties.
(n) A sign that emits or utilizes in any manner any sound capable of being detected on any traveled
road or highway by a person with normal hearing, or a sign that emits smoke, vapor, particles or
odor.
(o) Signs with lighting or control mechanisms that cause radio, television or other communications
interference.
(p) Motion picture mechanisms or video displays used in such a manner as to permit or allow moving
or animated images to be visible from a public right-of-way or sidewalk.
(q) Certain illuminated signs, as follows:
(1) Signs containing, including, or illuminated by any flashing, intermittent, or moving lights,
scrolling lights, and/or utilizing changes in the intensity of lighting are prohibited.
(2) Any illumination of a sign that interferes with the effectiveness of, or obscures, an official
traffic sign, device, or signal is prohibited.
(3) Any illumination of a sign that is not effectively shielded so as to prevent beams or rays of
light from being directed at any portion of the traveled way of a street and which are of such
intensity or brilliance as to cause glare or to impair the vision of the driver of any motor
vehicle, or which otherwise interfere with the operation of any motor vehicle, is prohibited.
(4) No red, green or yellow illuminated sign shall be placed within 300 feet of any traffic light.
(5) Search lights or spotlights, except for special business promotions or a new business “grand
opening”. For each event, such devices shall receive prior written approval through issuance
of a Temporary Sign Permit by the City, along with written consent from the Gwinnett County
Airport Authority. Such lights shall not create a nuisance or interfere with vehicular traffic,
and shall adhere to all applicable regulations of the Federal Aviation Administration (FAA).
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Section 604 Requirements that Apply to Signs in General.
(r)
City of Duluth UDC
Banners except as allowed by this Article for specific types of signs, including temporary signage
under Section 609.06.
(s) Portable signs, except A-frame signs as may be allowed under this Article for a nonresidential use,
or as provided for temporary signage t under Section 609.06 of this Article.
(t)
Festoons, as defined in this Development Code, except as provided for temporary signage under
Section 609.06 of this Article.
(u) Inflatable signs, including air or gas filled balloons or other inflatable devices, are prohibited except as exempted as seasonal and holiday decorations under Section 603.02(e) of this Article or
as provided for temporary signage under Section 609.06 of this Article.
Section 604. Requirements that Apply to Signs in General.
604.01
Compliance with Other Codes and Provisions.
(a) Any sign that will be erected, replaced, reconstructed, repaired, altered, relocated or maintained
within the city shall conform to the requirements of the International Building Code, Appendix H,
and to the requirements of the National Electrical Code, Article 600, “Electrical Signs and Outdoor
Lighting,” as adopted with amendments by the State of Georgia. Where the provisions of the
building or electrical code and this Article conflict or overlap, the most stringent requirement shall
prevail and be controlling.
(b) In accordance with the National Electrical Code specifications, all signs shall be located in such a
way that they maintain horizontal and vertical clearance from all overhead utilities. In no case
shall any sign be installed within 3 feet horizontally or vertically from any overhead utility line or
utility guy wire.
(c) Any sign that will be erected, replaced, reconstructed, repaired, altered or relocated within the
city shall conform to all other provisions of this Unified Development Code and other ordinances
of the City of Duluth. In the event of conflict between the provisions of this Article and other
articles of this Development Code or City ordinances, the most stringent requirements shall prevail and be controlling.
604.02
Computation of Sign Area.
(a) Generally.
(1) The area of a sign face or module shall be computed by means of the smallest rectangle that
will encompass the extreme limits of the writing, representation, emblem, color, or other
display, together with any material or color forming an integral part of the background of the
display or used to differentiate the sign from the backdrop or structure against which it is
placed, but not including any supporting framework, bracing, or decorative fence or wall
when such fence or wall otherwise meets other regulations of the City and is clearly incidental to the display itself.
(2) If a sign face is composed of two or more sign modules, the sign face area shall be the area
of each module, measured in accordance with the preceding paragraph (1), totaled together.
(3) The area of a sign structure shall be computed by means of the smallest rectangle that will
encompass the extreme limits of the sign, by multiplying:
a.
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The width of the body of the sign (exclusive of the sign’s base or decorative cap, if any)
measured at the widest portion of the sign body; times
City of Duluth UDC
b.
The total height of the sign as defined in this Article under “sign height.”
(4) The following are examples of how sign structure and sign face area measurements are
made; the signs shown are illustrative and only provided for clarity.
(b) Area of Multi-Faced Signs.
The sign face area of a sign structure with more than one side, and such sides are not more than
12 inches apart at their closest point, shall be computed as follows:
(1) Double-faced signs.
For double-faced signs, when the sign face surfaces are
parallel (back-to-back), or where the smallest angle
formed between the two faces is 60 degrees or less, the
area of the sign shall be taken as the area of the largest
side. For double-faced signs where the interior angle
formed by the faces is more than 60 degrees, the sign
face area shall be the total area of both sides.
(2) Signs with three or more faces.
a.
For sign structures having only three sides and the
interior angle formed between each of the sides is
60 degrees, the sign face area shall be taken as the
area of the largest of the three sides.
b.
For all other multi-faced signs with three or more
sides, the sign face area shall be either the largest
sign on any one side, or the largest total of all sign
faces that are joined by an interior angle of more
than 60 degrees, whichever can be viewed from an
adjoining street.
(c) Free-Form Signs.
Sign Face Area
Three-sided Sign Structures
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City of Duluth UDC
For signs that have no identifiable frame or border, the smallest rectangle that includes all of the
sign’s words, letters, figures, symbols, logos, fixtures, colors or other design elements intended to
convey the sign’s message shall establish the area of the sign face.
Free-Form Sign
Kiosk Sign
(d) Kiosks.
For a kiosk or other cylindrical sign structure, the area of the sign face shall be the largest measurement achieved from any view of the sign structure. Measurements shall be made as a flat
plane rectangle projected on or bisecting the sign structure.
604.03
Number of Signs.
(a) For the purpose of determining number of signs, a single sign shall be considered to be a single
sign structure, display surface or display device containing the sign copy (as defined in this Development Code) or other elements organized, related, and composed to form a unit.
(b) Refer to the definition of “sign face” and “sign copy” for additional information.
604.04
Height Measurements.
(a) For a freestanding sign structure located within 100 feet of an adjacent street right-of-way (as
measured perpendicular to the street), the following applies:
(1) For a sign located on land at or above the crown of the roadway in the adjacent street, the
height of a sign shall be equal to the vertical distance from the average grade at the base of
the sign to the highest point of any portion of the sign. Any earthen berms or other site improvements that raise the sign above the pre-construction natural grade of the land upon
which the sign is placed shall be included in the height measurement of the sign.
(2) For a sign located on land below the crown of the roadway in the adjacent street, the height
of a sign shall be equal to the vertical distance from the crown of the roadway to the highest
point of any portion of the sign. Any earthen berms, elevated foundations or other site improvements that raise the sign up to the level of the crown of the roadway shall not be included in the height measurement of the sign.
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City of Duluth UDC
(b) For a freestanding sign structure located 100 feet or more from an adjacent street right-of-way
(as measured perpendicular to the street), the height of a sign shall be equal to the vertical distance from the average grade at the base of the sign to the highest point of any portion of the
sign. Any earthen berms or other site improvements that raise the sign above the pre-construction natural grade of the land upon which the sign is placed shall be included in the height
measurement of the sign.
604.05
Lighting Restrictions.
In addition to illuminated signs that are prohibited under Section 603.03, the following applies to all
illumination of signs:
(a) Only permanent signs shall be illuminated, either directly or indirectly.
(b) A permit will not be issued for an illuminated sign on a nonresidential property within 100 feet
from any property line of a residentially zoned parcel.
(c) In a residential zoning district only project entrance signs may be illuminated, and such signs may
only be illuminated indirectly by an external light source, such as floodlights or shielded neon
tubes.
(d) Any signage with internal lighting composed of light bulbs or neon tubing shall be covered so that
the light sources are not directly visible from the outside.
604.06
Construction and Maintenance.
(a) All signs shall be constructed and maintained in conformance with the Duluth Building Code.
(b) The City may, at its discretion, require certification to confirm that the structural requirements of
the City’s codes are met.
(c) All signs, together with their supports, braces, guys and anchors, shall be kept in good repair and
unless constructed of galvanized or non-corroding metal, shall be given a protective coating as
necessary to maintain a clean appearance and safe condition.
604.07
Language and Legibility.
(a) Every principal freestanding sign shall contain the street number and the official street name in
English letters and Arabic numbers of a size equivalent to the predominant size of the letters and
numbers on the sign.
(b) To aid in proper and timely response in an emergency, the name of the business or the type of
business on the premises must also be indicated in English.
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City of Duluth UDC
(c) Nothing in this section shall prohibit the same and/or additional information on the sign from
being written in a language other than English, provided that an English translation of the sign is
included with the application for a sign permit in accordance with Section 610.03(d).
604.08
Visibility Clearance Area.
(a) No sign more than 3 feet in height shall be erected within 30 feet of an intersection with a public
or private street, private drive or other access point, or otherwise interfere with traffic movement
and visibility.
(b) Such visibility clearance area shall be established as the triangular area formed by the street rightof-way lines (or such lines extended to their intersection) and a line connecting such right-of-way
lines at points 30 feet from the intersection of the right-of-way lines, or within 30 feet of the
intersection of a street right-of-way line and the edge of a driveway.
604.09
Electronic Changeable Copy Signs.
Electronic changeable copy signs, as defined in this Development Code, regardless of the technology
employed, must conform to the following standards:
(a) All electronic changeable copy signs viewable from a public street or sidewalk shall present only
static displays (still pictures and printing). Such signs not viewable from a public street or sidewalk
may display movies, animation or video containing motion.
(b) Each static image shall be maintained for a duration of at least 8 seconds. The change time between each static image shall be perceived as Instantaneous within the capability of the technology employed (generally about 1/10th of a second).
(c) For signs viewable from a public street or sidewalk, no flashing, scrolling, or other variation in the
static image that gives an illusion of movement or variation in light intensity during the display of
a single image is allowed.
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City of Duluth UDC
(d) LED signs.
In addition to all other requirements of this Section 604.09 and this Article, LED signs (as defined
in this Development Code) must comply with the following:
(1) All such signs shall be “tri-color” signs or better, in which each pixel consists of a group of at
least one red, green and blue LED or similar light emitting device.
(2) Maximum distances between pixels shall be as follows:
a.
For building signs, no more than 10 mm between pixels, measured center-to-center
both horizontally and vertically.
b.
For freestanding signs (including billboards as defined in this Development Code), no
more than 16 mm between pixels, measured center-to-center both horizontally and vertically.
(3) All such signs shall be certified by a Nationally Recognized Testing Laboratory (NRTL) recognized by the US Occupational Safety & Health Administration (OSHA) in accordance with 29
C.F.R. 1910.7.
(4) Maximum brightness.
a.
The sign must employ a light sensing device that adjusts the brightness as ambient light
conditions change.
b.
The sign shall not operate at a brightness level of more than 0.30 foot candles above
ambient light levels measured at 100 feet from the sign (150 feet for sign faces greater
than 100 square feet in area), as certified under paragraph (f) below.
(5) A fail safe device shall be installed that, in the event of a failure of the light sensing device,
drops the brightness level to the lowest night-time level allowed, regardless of the time of
day.
(e) Other electronic changeable copy signs.
(1) Electronic changeable copy signs utilizing TV-type displays (LCD or Plasma, for instance) must
comply with the following in addition to all other applicable requirements of this Section
604.09 and this Article:
a.
Such signs shall be installed only as building signs.
b.
Such signs shall have a minimum resolution of 1080p (High Definition) or equivalent.
c.
At any time of the day or night, such signs shall not operate at a brightness level of more
than 0.30 foot candles above ambient light levels measured at 100 feet from the sign
(150 feet for sign faces greater than 100 square feet in area), as certified under paragraph (f) below.
(2) Electronic changeable copy signs utilizing incandescent bulbs are not allowed.
(f)
As part of an application for a sign permit, the sign owner must provide the City with a written
statement from the installer that the sign will comply with the City’s brightness requirements and
all other requirements of this Section 604.09, and shall certify to such compliance within 30 days
after installation of the sign.
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Section 605 Regulation of Principal Freestanding and Principal Building Signs.
City of Duluth UDC
(g) Operation of an electronic changeable copy sign in violation of any provision of this Section
604.09, including overriding the sign’s light-sensing or fail-safe devices, may result in the disconnection of the electrical power supply to the sign at the owner’s expense, under the procedures
of Section 614.
Section 605. Regulation of Principal Freestanding and Principal Building Signs.
605.01
Applicability.
(a) This Section applies only to principal signs, as defined in this Development Code, that are permanent and freestanding on a property or attached to a building, and that are not otherwise exempt
from these Sign Regulations.
(b) Additional signage that is regulated on a property include:
(1) Project entrance signs, under Section 606;
(2) Miscellaneous freestanding signs, miscellaneous building signs, and other types of specific
signs enumerated under Section 608; and,
(3) Temporary signs, under Section 609.
(c) Signs in planned development districts.
For signs located within a project zoned as a Planned Development District, each property or individual project within the planned development shall conform to the sign regulations established
as part of the zoning approval for the planned development. If no such provisions are included in
the zoning approval of the planned development, each property or individual development within
a planned development shall conform to the provisions of this Article in accordance with the land
use of said property (or the predominant use of the ground floor in the case of a mixed-use building).
(d) Signs for mixed-use buildings.
For buildings that are occupied or designed for occupancy by both residential and nonresidential
uses, the signage regulations that apply shall be based on the predominant use of the ground
floor of the building.
605.02
Principal Signs—Residential Use Property.
All principal freestanding and principal building signs erected or placed on a property or development
occupied by a single-family or multi-family residential use shall comply with the following provisions:
(a) Principal freestanding signs on individual properties are not allowed. Project entrance signs are
allowed in lieu of principal freestanding signs for single-family and multi-family developments.
See Section 606.
(b) In all residential zoning districts, one building sign per housing unit is allowed. These signs shall
not exceed one square foot in sign face area. If affixed to a multi-tenant building in an RM district
or property zoned for multi-family purposes, the building sign shall not exceed 4 square feet in
size.
(c) A single-family detached home, townhouse condominium or manufactured home, located on an
individual lot, must comply with the provisions of this Section and Table 6-A under “single-family
residence”.
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City of Duluth UDC
(d) Multi-family developments, such as apartments, condominiums, manufactured home parks, nursing homes and other residential developments occupying a single property in common, must comply with the provisions of this Section and Table 6-A under “multi-family developments”.
(e) Other (non-principal) signage allowed.
(1) For other permanent freestanding signage allowed within a multi-family development, see
Section 608.01 regarding miscellaneous freestanding signs.
(2) For temporary signage on any residential property, see Section 609.
Table 6-A: Principal Freestanding and Building Signs—Residential Uses
Single-Family Residence 1
Multi-Family Developments 2
None 3
None 4
1 per housing unit
1 per housing unit,
1 per multi-family building
Maximum sign face area of Building Signs
1 sq. ft. per housing unit
1 sq. ft. for each housing unit,
4 sq. ft. per multi-family building
Max. percent coverage if placed in
Window
Covering no more than 20% of
window
Covering no more than 20% of
window
Animated
Not allowed
Not allowed
Changeable Copy Sign—Manual
Not allowed
Not allowed
Changeable Copy Sign—Electronic
Not allowed
Not allowed
Illumination, internal
Not allowed
Not allowed
Illumination, external
Not allowed
Not allowed
Principal Freestanding Signs
Max. number of Principal Freestanding Signs
Principal Building Signs
Number of Building Signs (wall or
window signs)
Sign Characteristics
1
Includes one-family dwellings, townhouses and manufactured homes on individual lots.
2
Includes all residential developments occupying a single property in common, such as apartments, condominiums, manufactured home
parks, and nursing homes.
3
Principal freestanding signs are not allowed on a single-family residential lot. (See, however, Temporary Signs, under Section 609.) Principal freestanding signs on a single-family development are limited to Project Entrance Signs (see Section 606).
4
Principal freestanding signs on a multi-family development are limited to Project Entrance Signs (see Section 606). For other freestanding
signs allowed on a multi-family development property, see Miscellaneous Freestanding Signs under Section 608.01 and Temporary Signs,
under Section 609.
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City of Duluth UDC
Table 6-A: Principal Freestanding and Building Signs—Residential Uses
Single-Family Residence 1
Multi-Family Developments 2
Not allowed
Not allowed
Illumination, exposed bulbs or
neon
605.03
Principal Signs—Nonresidential Use Property.
All principal freestanding and principal building signs erected or placed on a property or development
occupied by a nonresidential use5 shall comply with the following provisions:
(a) Principal freestanding signs.
Principal freestanding signs on a property shall comply with the provisions of this Section and the
restrictions for such signs as shown on Table 6-B for the zoning applicable to the property.
(1) Type of freestanding signs allowed.
Principal freestanding signs on nonresidential use properties shall be monument or hybrid
monument signs (as defined in this Development Code). All such signs shall be mounted on
a base constructed of the same material matching the façade of the principal use (brick, stone,
stucco or wood) or similar quality, color and texture as the primary masonry materials used
in the exterior finish of the primary structure on the site. The accent materials may be approved by the Community Development Director on a case-by-case basis.
(2) Joint signs.
Multiple businesses in a planned center on a single parcel shall share the number of freestanding signs allowed on the parcel as joint signs.
(3) Any principal freestanding sign located within a parking lot or other area accessible by vehicles shall be surrounded by protective curbing, the area within which shall be landscaped in
accordance with the requirements of Section 607.01. No freestanding sign shall be permitted to encroach in a parking area to such extent that the remaining parking spaces fail to
meet the standards of this Development Code for off-street parking.
(4) Freestanding sign faces shall be mounted on architecturally treated sign structures.
(5) A principal freestanding sign must be set back at least 10 feet from the edge of any entrance
driveway providing direct access from a street. This setback shall not apply to any parking lot
spaces, parking lot aisle or internal drive on the property. See also Section 604.08 regarding
height limitations within the Visibility Clearance Area.
(6) Land-locked properties.
5
Nonresidential uses include commercial retail and service establishments, professional and other offices, motels, institutional uses such
as fraternal organizations and places of worship, industries, and storage and transfer warehouses, and others as defined in this Development Code.
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City of Duluth UDC
a.
Places of business within nonresidential zoning districts that do not own road frontage,
may be granted approval of a principal freestanding sign on or near the access easement
to their business provided written permission is obtained from the property owner.
b.
Multiple buildings or properties served by a common access easement shall share one
joint sign at the road frontage as described in Paragraph (2) above. The Community Development Director may allow one principal freestanding sign serving multiple parcels
that share the same access easement.
(b) Principal building signs.
Principal building signs on a nonresidential property shall comply with the provisions of this Subsection and the restrictions for such signs shown on Table 6-B for the use applicable to the property.
(1) Wall, projecting or canopy signs.
(2)
a.
Wall or projecting signs shall not extend above the parapet wall of a building or eave
line of a pitched roof.
b.
Canopy sign, projecting sign and wall sign requirements shall be interchangeable; all
such signs are regulated collectively as “building signs”.
Window signs coverage.
No more than 50% of the total area of all windows and glass doors shall be covered by a
principal building sign, per facade. Incidental signs as defined in this Development Code are
not counted toward window coverage. Window signs are allowed in all non-residential zoning districts except the O-N zoning district.
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City of Duluth UDC
Table 6-B: Principal Freestanding and Building Signs—Nonresidential Uses
Property Zoned O-N
(Office-Neighborhood)
All Other Nonresidential Properties 6
One or Two Tenants 7
Three or More Tenants
1 per property
1 per street frontage
1 per street frontage
24 sq. ft.
50 sq. ft.
1 sq. ft. per linear foot
of frontage, up to a
maximum of 150 sq. ft.
8 ft.
8 ft.
15 ft.
24 sq. ft.
100 sq. ft. total for both
signs
(max. 1 sign 64 sq. ft.)
Each sign: 1 sq. ft. per
linear foot of frontage,
up to a maximum of
150 sq. ft.
8 ft.
12 ft.
15 ft.
0 ft.
0 ft.
0 ft.
Monument sign allowed
Yes
Yes
Yes
Hybrid monument sign
allowed
Yes
Yes
Yes
Column sign allowed
No
No
No
Pole sign allowed
No
No
No
Changeable Copy Sign
allowed on Freestanding Sign
No
Yes, manually activated
or electronic
or electronic
Principal
Freestanding Signs
Max. number of Principal Freestanding Signs
1 street frontage:
Max. area of Principal
Freestanding Sign face
Max. height of sign
2 street frontages:
Max. area of Principal
Freestanding Sign face
Max. height of signs
Min. setback from
street right-of-way line
8
6
See Adjustments, below.
7
“Tenant” as defined in this Development Code: A natural person, business or other entity that occupies land or buildings by ownership,
under a lease, through payment of rent, or at will; an occupant, inhabitant, or dweller of a place. Subtenants are not considered “tenants”
for the purposes of this Article.
8
See the Visibility Clearance Area setback requirements under Section 604.08.
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City of Duluth UDC
Table 6-B: Principal Freestanding and Building Signs—Nonresidential Uses
Property Zoned O-N
(Office-Neighborhood)
All Other Nonresidential Properties 6
One or Two Tenants 7
1
1 per 300 linear feet of
tenant frontage, per façade
1 per tenant frontage,
per façade
10 sq. ft.
The greater of 2 sq. ft.
per linear foot of tenant frontage, or 20% of
each tenant’s facade
The greater of 2 sq. ft.
per linear foot of tenant frontage, or 20% of
each tenant’s facade
Not allowed
Covering no more than
50% of total window
and glass door area
per facade
Covering no more than
50% of total window
and glass door area per
facade
only
only
Principal Building
Signs
Max. number of Principal Building Signs
Max. area of sign face
Max. percent coverage
if placed in Window
Changeable Copy Sign
allowed on Building
605.04
Animated
Not allowed
Not allowed
Not allowed
Not allowed
Yes, with restrictions 9
Yes, with restrictions 9
Not allowed
Yes
Yes
Illumination, exposed
bulbs or neon
Not allowed
Not allowed
Not allowed
Adjustments.
The maximum size of certain principal signs may be increased, or the sign restrictions otherwise modified, under any one of the following circumstances.
(a) Property Adjacent to a Major Roadway.
(1) The following thoroughfares are established as “major roadways” in the City’s Comprehensive Plan: Peachtree Industrial Boulevard, US 23/SR 13 (Buford Highway), SR 120 (Duluth
Highway/Abbotts Bridge Road), and Pleasant Hill Road.
(2) For nonresidential uses fronting on any of these major roadways, the following adjustments
are allowed for each principal freestanding sign on the property:
9
See Sections 603.03(q) and 604.06.
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City of Duluth UDC
Table 6-C: Major Roadway Adjustment
Nonresidential Properties Not Zoned O-N
Posted
Speed Limit
35 mph
(No increase)
Max. height of sign
One or Two Tenants
50 sq. ft.
1 sq. ft. per linear foot of
frontage, up to a maximum of 150 sq. ft.
8 ft.
15 ft.
64 sq. ft.
1.3 sq. ft. per linear foot
of frontage, up to a maximum of 200 sq. ft.
11 ft.
17 ft.
80 sq. ft.
12 ft.
19 ft.
80 sq. ft.
12 ft.
17 ft.
100 sq. ft.
13 ft.
19 ft.
1 Street
Frontage
45 mph
Max. height of sign
55 mph
Max. height of sign
2 Street
Frontages
45 mph
Max. height of sign
55 mph
Max. height of sign
Source: Multipliers are drawn from Context-Sensitive Signage Design, Marya Morris, Mark L. Hinshaw, Douglas Mace, Alan Weinstein, American Planning Association Planning Advisory Service, Chicago IL., June 2001.
(b) Property Located within the Community Activity Center Character Area.
(1) The Community Activity Center Character Area is described in the City’s Comprehensive Plan
and shown as to its locations and boundaries on the Comprehensive Plan’s Future Development Map: “Character Areas”.
(2) For any nonresidential use located within the Community Activity Center Character Area, the
following adjustments to the principal freestanding signs on the property are allowed:
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City of Duluth UDC
Table 6-D: Community Activity Center Adjustment
Nonresidential Properties Not Zoned O-N
One or Two Tenants
80 sq. ft.
1 sq. ft. per linear foot of frontage,
up to a maximum of 200 sq. ft.
12 ft.
17 ft.
160 sq. ft. total for both signs
(max. 1 sign 120 sq. ft.)
Each sign: 1 sq. ft. per linear foot
of frontage, up to a maximum of
200 sq. ft.
14 ft.
17 ft.
1 street frontage
Max. height of sign
2 street frontages
Max. height of signs
(c) Property Located within Downtown Duluth.
Downtown Duluth consists of the area zoned Central Business District (CBD). Within the CBD, the
following adjustments are allowed:
(1) Historic Pole Signs.
One historic pole sign shall be allowed on a property in the CBD district. Historic pole signs shall have hanging signage, shall be “L”
shaped and fabricated of wrought iron or similar material. The sign
structure shall not exceed 10 feet in height and shall not overhang
the sidewalk or right-of-way. The maximum sign face for this type of
sign shall be 16 square feet. This type of sign shall be permitted in
lieu of a monument sign and not in addition to. An example of a historic pole sign is illustrated on the right.
(2) Building Signs.
a.
Building signs that are located on or project from a wall, canopy
or marquee of a principal building may extend above the parapet wall of a building or
eave line of a pitched roof, but to no greater extent than one-half the height of the sign.
The following are examples of the extension of such signs:
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Section 606 Regulation of Project Entrance Signs.
b.
City of Duluth UDC
One building sign on each façade of a building that adjoins a public street or pedestrian
walkway may be an electronic changeable copy sign that complies with the provisions
of Section 604.09, or a neon sign, or an illuminated sign using an internal or external
light source.
(3) Window Signs.
Window signs are encouraged in the CBD in order to promote identity and the look and
feel of a pedestrian shopping village. Window signs collectively are allowed to cover up
to 75% of the total area of all windows and glass doors, per facade. Window signs may
be painted on the inside of the window. Adhesive lettering shall not be allowed. Neon
signs shall be allowed in the window but hand written signs that are prohibited under
Section 603.03(h) shall not be allowed.
(4) Portable Signs.
Downtown merchants may display one removable A-frame, sandwich board, easel or sidewalk sign on the sidewalk in front of the respective business during regular business hours
without a sign permit. The sign must be placed within 10 feet of the main customer entrance
to the building. However, signs may not be placed on the right-of-way, Town Green or become a visual obstruction to oncoming traffic or block the sidewalk for pedestrian activity.
These signs may be double faced and shall be limited to 6 square feet per side with a maximum height of 4 feet.
(5) Prohibited Materials.
Printed plastic, flat vinyl, flat metal, and adhesive lettering materials for signs shall be prohibited.
Section 606. Regulation of Project Entrance Signs.
606.01
Applicability.
This Section applies to all project entrance signs, as defined herein, that are located at the designated
entrances to a residential subdivision, a multi-family development, or a nonresidential subdivision
(such as an office park or industrial park).
606.02
Sign Structure.
All project entrance sign faces shall be mounted on an architecturally treated monument sign structure
or an architecturally treated decorative wall.
606.03
Project Entrance Sign Installations.
Designs for project entrance signs are classified as two types:
Seen from this direction
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Road ROW
Project Entrance
(1) Single Sign Installation: A project entrance sign designed as a single sign structure with two
back-to-back faces, oriented to be seen from both directions on the road adjacent to the
development.
Adjacent Road ROW
One sign structure
with back-to-back
sign faces
Seen from this direction
City of Duluth UDC
Section 606 Regulation of Project Entrance Signs.
Seen only from this direction
Road ROW
One sign structure
with one sign facing
intersection
Project Entrance
(2) Dual Sign Installation: A project entrance sign designed as two separate sign structures, each
with a single sign face individually oriented toward the intersection so as to be viewed from
only one direction on the road adjacent to the development, and each located on opposite
sides of the project entrance.
Adjacent Road ROW
One sign structure
with one sign facing
intersection
Seen only from this direction
(3) If the developer chooses to construct two signs per entrance, these signs shall be placed on
either side of the roadway; signs cannot be constructed in a center island of any roadway.
606.04
Entrances to Subdivisions.
(a) A subdivision may have a single or a dual project entrance sign installation at any entrance into
the subdivision from an adjoining street outside the subdivision.
(b) In addition to any principal freestanding signage allowed on a lot within a nonresidential subdivision under Section 605.03(a), if the lot is a corner lot located at an entrance into any residential
or nonresidential subdivision, then such lot may contain no more than one permanent project
entrance sign for the subdivision in accordance with the provisions for such signs on Table 6-E.
(c) If a dual sign installation is planned, one project entrance sign may be placed on each corner lot
flanking the entrance.
606.05
Entrances to Un-Subdivided Developments.
In addition to any principal freestanding signage allowed on a lot, if any, a multi-family development
or a residential or nonresidential condominium project may contain project entrance signs as follows:
a single or a dual project entrance sign installation is allowed at any entrance into the development
from an adjoining street outside the development, in accordance with the provisions for such signs on
Table 6-E.
606.06
Illumination.
(a) Any project entrance sign may be lighted by external illumination. If floodlights or other incandescent bulbs are used, they may not be directed onto the street or toward vehicular traffic. If neon
tubes are used, they must be shielded from view.
(b) Internal illumination, including channeled letter signs and electronic changeable copy signs, may
be used for office park or industrial park subdivisions.
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Section 607 Landscaping Requirements for Signs.
City of Duluth UDC
Table 6-E: Project Entrance Signs—By Land Use
Residential Use
Nonresidential Use
Single-Family
Subdivision 10
Multi-Family
Development 11
Office or Industrial Park
(subdivision)
Max. number of Project
Entrance Signs per development
1 single or dual sign installation at each entrance into the subdivision
1 single or a dual sign installation at each entrance into the development
1 single or a dual sign installation at each entrance into the subdivision
Max. number per project
entrance
1 sign per corner lot at
an entrance into the
subdivision
(2 signs per entrance)
2 signs at each entrance
fronting on a separate
street
1 sign per corner lot at
an entrance into the
subdivision
(2 signs per entrance)
50 sq. ft. each
50 sq. ft. each
50 sq. ft. each
15 ft.
15 ft.
15 ft.
Animated
Not allowed
Not allowed
Not allowed
Changeable copy -Manual
Not allowed
Not allowed
Not allowed
Changeable copy-Electronic
Not allowed
Not allowed
Allowed
Allowed
Allowed
Allowed
Not allowed
Not allowed
Allowed
Illumination by exposed
bulbs or neon tubes
Not allowed
Not allowed
Not allowed
Project Entrance Signs
Max. sign face area 12
Max. sign height
Section 607. Landscaping Requirements for Signs.
All signs regulated under Section 605 except for single-family residences, and under Section 606, shall
meet or exceed the standards of this Section.
607.01
Landscaping Required.
There shall be established a landscaping area along the long side of each principal freestanding sign
and each project entrance sign that extends no less than 2 feet out from the sign face. The sign landscaping area may be at ground level or accommodated within planters created as an integral part of
the sign base. Within this sign landscaping area, the following standards shall apply:
10
Includes one-family dwellings, townhouses and manufactured homes on individual lots.
11
Includes all residential developments occupying a single property in common, such as apartments, condominiums, manufactured home
parks, and nursing homes.
12
If two signs are planned, signs shall be symmetrical in size and shape and shall not exceed 50 square feet each.
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City of Duluth UDC
Section 608 Additional Regulations for Specific Types of Signs.
(a) All portions of the sign landscaping area shall be covered by landscape materials, as defined in
this Development Code. A minimum of 80% of the required landscape area shall be covered with
living plant materials, which may include any combination of ground covers and shrubs.
(b) Shrubs that are provided within the sign landscaping area must be at least 12 inches tall at the
time of planting, and be of a species that will not normally exceed 4 feet in height at maturity.
(c) Plant materials may be clustered for decorative effect following professional landscaping standards for spacing, location and design.
607.02
Maintenance of required plant materials.
The owner, tenant and their agent, if any, and their successors and assigns shall be jointly and severally
responsible for the maintenance in good condition of the plant materials used to meet the minimum
landscaping requirements of this Section.
Section 608. Additional Regulations for Specific Types of Signs.
608.01
Miscellaneous Freestanding Signs.
Freestanding signs in addition to those regulated under Section 605 are allowed as accessory uses on
a property occupied by a residential, commercial, industrial or institutional use if each sign complies
with all of the following:
(a) Permanently installed miscellaneous freestanding signs may be located within the area between
a street right-of-way line and the minimum building setback required from that street right-ofway line for the zoning of the property, if such signs are located within 3 feet of driveways that
provide access into or from the property.
There shall be no more than 2 such signs per driveway and each such sign shall not exceed 6
square feet in sign face area nor be more than 3 feet in height.
(b) Miscellaneous freestanding signs located farther from the street than the minimum building setback from that street right-of-way line required by the zoning of the property, shall be allowed as
follows:
(1) On a property occupied by a multi-family or nonresidential use, one miscellaneous sign not
to exceed 32 square feet in sign face area or more than 8 feet in height may be located on
the property for each principal building on the lot, or for each drive-through service window
on the building.
(2) Other miscellaneous freestanding signs are allowed beyond the minimum building setback,
provided that such signs are no more than 6 square feet in sign face area nor more than 3
feet in height (except signs that are required by law to be higher than 3 feet, such as those
marking a handicapped parking space).
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City of Duluth UDC
(3) Portable signs are not allowed as miscellaneous freestanding signs except for an A-Frame sign for a nonresidential use (also known as a
“sandwich board” sign). Such A-Frame signs must be located no farther from an entrance to the owner’s business than 6 feet, and may
be no larger than 6 square feet in sign face area nor be more than 3
feet in height. Such A-Frame signs must be stored indoors when the
owner’s establishment is not open for business.
608.02
Miscellaneous Building Signs.
Miscellaneous building signs (as defined in this Development Code) not otherwise prohibited under 603.03, are allowed on nonresidential use properties in
addition to the principal building signs allowed under Section 605.03(b), as follows:
A-Frame Sign
(a) General miscellaneous building signs.
Miscellaneous building signs are allowed, provided that such signs shall be placed only on a tenant
space façade fronting on a dedicated public street. Such signs are limited as follows:
(1) For single-occupant buildings, the maximum aggregate area for all miscellaneous building
signs shall be 1 square foot of sign face area per linear foot of the length of the tenant frontage (as defined in this Article) on which the signs are affixed, or 10% of the area of the façade,
whichever is greater. No single such sign shall be larger than 6 square feet in sign face area.
(2) For planned centers, the maximum aggregate area for all miscellaneous building signs for
each tenant space shall be 1 square foot of sign face area per linear foot of the tenant frontage (as defined in this Article), or 10% of the area of the tenant’s façade, whichever is greater.
No single such sign shall be larger than 6 square feet in sign face area.
(3) Such miscellaneous building signs placed in a window may not result in the obstruction of
more than 50% of the window area in combination with all other signs in the window.
(b) Subtenant signs.
(1) Each business that occupies space within a principal business as a subtenant is allowed one
wall sign in addition to the principal building sign allowed for the principal business under
Section 605.03(b). Each subtenant wall sign shall not exceed 20 square feet in sign face area,
nor shall the total for all such subtenant signs collectively exceed the sign face area allowed
for the principal business.
(2) The following are examples of subtenant wall signs allowed by this Subsection:
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City of Duluth UDC
(c) Sidewalk pedestrian signs.
Each tenant (other than a subtenant) located within a planned center is allowed to have one sidewalk pedestrian sign in lieu of an under-canopy sign allowed by this Article, as follows:
(1) The sidewalk pedestrian sign must be post mounted in a sidewalk planter.
(2) Each such sign is allowed to have a maximum sign face area of 6 square feet.
(3) The following is an example of sidewalk pedestrian signs allowed by this Subsection:
(d) Convenience stores and service stations with pump islands.
Additional signage is permitted as follows:
(1) One sign per freestanding or building canopy face per public street frontage with a maximum
of 16 square feet each is allowed. The canopy sign shall not extend above or below the edge
of the canopy.
(2) Spreader bars (signs located under canopy over pump islands) shall be limited to no more
than two signs per spreader bar, not to exceed 4 square feet per sign. However, total square
footage for all spreader bars shall not exceed 24 square feet.
(3) On-site separate drive-through car wash building(s), shall be allowed one permanent wall
sign, not to exceed 8 square feet with an approved sign permit. This sign shall be for incidental purposes only.
(e) Service entrance signs.
For any tenant space that has a service entrance at the rear of the building, at least one service
entrance sign is required.
(1) Service entrance signs shall be located directly on or adjacent to the service entrance door.
(2) The combined area of signs at a single service entrance shall not exceed 6 square feet and
must be clearly legible for public safety personnel.
608.03
Billboards.
In addition to the general regulations and restrictions applying to all sign classifications, billboard signs
(as defined in this Development Code) shall comply with the following:
(a) All applications for billboards shall be accompanied by written permission of the owner of the
property on which the proposed sign is to be placed, a site plan showing the proposed location of
the sign, and a scale drawing of the sign.
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City of Duluth UDC
(b) Billboards will be permitted only on undeveloped property that is zoned M-1 or M-2 and shall be
removed when a Land Disturbance (i.e., Clearing, Grubbing, Grading or Development) Permit is
issued for development on the property on which a billboard is located.
(c) Location and Spacing.
(1) No billboard shall be placed within 500 feet of a residence, church, school, park or cemetery.
(2) No billboard shall be located within 1,000 feet of another billboard as measured along the
right-of-way of the street or streets on which such billboard is located, and provided further
that no billboard may be located closer than 500 feet to another billboard in any direction.
(3) Billboards shall be erected only in the buildable area of the lot. No trees or other vegetation
shall be cut or removed in locating or erecting a billboard.
(d) Size and Height Regulations.
No billboard sign shall exceed 50 square feet or have more than one sign face or exceed 12 feet
in height.
(e) Conformance to State Law.
Any billboard located or to be located within 660 feet of the nearest edge of the right-of-way of a
U.S. or State-numbered highway (which includes SR 13/US 23—Buford Highway, and SR 120—
Duluth Highway/Abbotts Bridge Road), or located or to be located beyond 660 feet of such highway but visible and intended to be read from such highway, must comply with the following:
(1) Such sign shall comply with all applicable requirements of the Georgia Outdoor Advertising
Act, O.C.G.A. 32-6-70 et seq.
(2) Such sign shall comply with all requirements of this Article and, specifically, this Section
608.03.
(3) In the case of a conflict between the Georgia Outdoor Advertising Act and the City’s regulations, the billboard must comply with the most restrictive requirements with respect to each
and every item of regulation.
608.04
Flags.
(a) All flags mounted on a flagpole must have a minimum vertical clearance of 8 feet above the
ground, sidewalk, private drive or parking area, as applicable. Flags mounted on a pole projecting
from a building must provide a minimum vertical clearance of 8 feet above a sidewalk or other
area of pedestrian movement.
(b) No flag on the property of a residential use shall exceed 15 square feet in area or be higher than
40 feet above the ground when mounted on a flagpole.
(c) Nonresidential uses are limited to three flags, each of which must be mounted on a flagpole, resulting in no more than three flagpoles on a nonresidential property.
(d) The display of the Flag of the United States of America shall be guided by Title 4, Section 3 of the
US Code, which prohibits the use of the American Flag for commercial purposes.
608.05
Suspended Signs.
(a) Suspended signs must have a minimum clearance of 8 feet to grade.
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City of Duluth UDC
Section 609 Temporary Signs.
(b) If any sign is located within, suspended over or projects above a public right-of-way, the sign
owner shall obtain and maintain in force liability insurance for such a sign in such form and such
amount as the Community Development Director may reasonably from time to time determine,
provided that the amount of such liability insurance shall be at least $500,000.00 per occurrence
per sign.
608.06
Changeable Copy Signs.
(a) Manually activated changeable copy signs.
Manually activated changeable copy signs are permitted in conjunction with freestanding signs,
wall signs, and joint signs so long as the changeable copy portion of the sign face does not exceed
60% of the overall sign face of the freestanding or wall signs or 30% of the overall sign face of a
joint sign; and provided that the total sign face does not exceed the size limitations imposed elsewhere by this Article.
(b) Electronic changeable copy signs.
Electronic changeable copy signs may be installed on any freestanding principal sign or principal
building on a property occupied by a nonresidential use in accordance with the provisions of Section 605.03.
Section 609. Temporary Signs.
609.01
Temporary Signs; Allowed.
(a) Certain signs in addition to those allowed under Section 605 and Section 608 are allowed on a
property through the issuance of a temporary sign permit . Such temporary signs shall not be
restricted as to the message displayed on the sign, but must comply with the provisions of this
Section.
(b) Temporary signs must comply with all requirements of this Article, including the prohibitions of
Section 603.03 and general requirements applying to all signs, except as modified by the provisions of this Section.
(c) Fixed location: All temporary signs must be installed at a fixed location, either attached to the
ground as a freestanding sign or attached to a building. Temporary signs shall not be attached to
a vehicle or other movable, animated or portable device, or attached to, held by or displayed
upon a person.
609.02
Issuance of a Temporary Sign Permit.
(a) A temporary sign may not be displayed unless a permit is issued pursuant to Section 610.02, unless otherwise exempt under Section 603.02.
(b) A temporary sign permit shall only be valid for a period of thirty (30) days from the date of issuance, after which time the owner of the temporary sign or owner of the premises where such sign
is located shall remove the sign from the premises.
(c) (c) No more than one (1) temporary sign permit may be issued to the same premises per quarter,
not to exceed four (4) temporary sign permits per one (1) calendar year.
609.03
Size of Temporary Signs.
Temporary signs are restricted to the following sign areas and sign heights:
(a) Single-family residential, townhouse condominium or manufactured home lot.
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City of Duluth UDC
Temporary signs located on such subdivided lots shall not exceed 6 square feet in sign face area
and 5 feet in height.
(b) Residential or nonresidential subdivision or condominium development under construction.
Signage within a residential or nonresidential subdivision or condominium development under
construction shall not exceed 32 square feet in sign face area and 8 feet in height.
(c) Multi-family, manufactured home park or nonresidential use property (as defined in this Article).
Temporary signs located on a multi-family, manufactured home park, or nonresidential use property shall not exceed 32 square feet in total sign face area and 8 feet in height per sign.
609.04
Location of Temporary Signs.
(a) All temporary signs shall be located as follows:
(1) At least 10 feet from any street right-of-way line, back of street curb or edge of street pavement, whichever is farthest from the street.
(2) At least 10 feet from any side or rear property line and the pavement edge of a driveway.
(3) Temporary signs located within 30 feet of an intersection of two streets or a driveway and a
street shall be no more than 3 feet in height.
(b) Temporary signs are not allowed to be placed within or over a public street right-of-way or private
street easement.
(c) A temporary sign must be a freestanding sign or a building sign (as defined in this Article), and
shall not be affixed to any tree, utility pole or official traffic sign or structure.
A temporary sign shall be erected and maintained only with the permission of the owner of the
property upon which the sign is located.
609.05
Construction and Lighting Standards of Temporary Signs.
(a) Construction standards for signs requiring building permits.
A temporary sign for which issuance of a building permit is required by the Building Code shall
meet the same engineering design and materials standards as for permanent signs as required by
the Building Code.
(b) Construction standards for signs not requiring building permits.
(1) Nonpermanent but water-resistant construction materials may be used, such as but not limited to poster board, foam core board or illustration board.
(2) The words, letters, figures, symbols, logos, fixtures, colors or other design elements that convey the sign’s message shall be permanently applied to the sign’s face.
(c) Electronic and manual changeable copy signs shall not be allowed.
(d) Lighting.
Temporary signs shall not be illuminated.
609.06
Temporary Banners, Portable Signs, Festoons and Inflatable Signs.
All of the following types of signs are allowed one (1) time only for a change in use or change in occupancy of the premises from two (2) weeks prior to the change in use or occupancy until two (2) weeks
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City of Duluth UDC
after the change in use or occupancy with the issuance of a temporary sign permit, and in accordance
with the duration, number, size, location and lighting limitations of Section 609. For holiday or seasonal
decorations (in contrast to commercial signs), see Section 603.02.
(a) Banners.
Banners are allowed with the following additional provisions:
(1) For a banner that is no more than 12 square feet in sign face area, such banner shall be placed
on the site or on a building in such a manner as not to create a safety hazard as determined
by the Community Development Director. They shall meet the same setback requirements
as all other temporary signs. Such a banner shall not be hung as an under-canopy sign, flown
as a flag, attached to or hung from an existing freestanding sign, or used as any other form
of sign.
(2) A banner that is more than 12 square feet in sign face area but no more than 24 square feet
in size shall be allowed only as a wall or window sign and shall be placed flush upon the wall
or window to which it is attached. Such a banner shall not be hung as an under-canopy sign,
flown as a flag, or used as any other form of sign.
(3) A banner that is larger than 24 square feet in size is not allowed.
(b) Portable signs.
No more than one portable sign is allowed on a property developed for commercial, industrial or
institutional use, subject to the following restrictions:
(1) Maximum size: The maximum size of a portable sign shall not exceed 6 square feet per side.
Said sign shall not have flashing lights or animated devices, but may be internally illuminated
and may be a manually activated changeable copy sign.
(2) Placement: The sign must be placed on the site in compliance with Section 609.04 of this
Article.
(3) Securely anchored: To prevent wind damage to the sign or other property, the sign must be
securely anchored to the site in a manner acceptable to the Community Development Director.
(4) Electrical connections: All electrical connections to the sign must be in compliance with the
Electrical Code as adopted by the City, and must be inspected prior to use.
(c) Festoons.
Festoons such as strings of light bulbs and other illuminated devices, and strings of ribbons, tinsel,
pennants, streamers, pinwheels or other similar devices designed to move in the wind are allowed, provided that no part of any such festoon shall be located in or over a public right-of-way
and no hazard to traffic safety shall be created.
(d) Inflatable Signs.
Inflatable signs, such as air or gas filled devices and other inflatable devices, are allowed on parcels
greater than 2.5 acres in land area. Inflatable signs shall not exceed a total maximum of three
hundred (300) square feet of sign area and be securely attached to the ground. Inflatable signs
must be de-inflated and properly disposed of or stored at the expiration of the permit period.
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Section 610 Sign Permits; Requirements and Procedures.
City of Duluth UDC
Section 610. Sign Permits; Requirements and Procedures.
610.01
Issuance of Permits for Permanent Signs.
(a) Sign permits; when required.
(1) The Department is hereby authorized to issue a sign permit for any permanent sign provided
all requirements of this Article are met.
(2) Except for signs that are exempt from the requirements of this Article under Section 603.02
or are exempt from permitting under Section 610.01(b), below, a sign permit must be issued
by the Department before a permanent sign may be:
a.
Erected or relocated;
b.
Attached to, suspended from, or supported on a building or structure; or
c.
Altered, enlarged, or materially improved (including the replacement of a sign face with
an electronic changeable copy sign).
(3) Any sign using electrical wiring and connection shall require a sign permit and an electrical
permit. Such a sign permit shall become null and void if an electrical permit is not secured, if
required, or if the sign for which the permit was issued has not been completed within a
period of 6 months after the date of issuance.
(b) Permanent Signs exempt from permitting.
The following signs may be erected or placed without securing a sign permit or payment of a fee,
provided that each is located and maintained in accordance with the provisions of this Article and
all other applicable codes and regulations.
(1) Miscellaneous freestanding signs allowed under Section 608.01, unless such signs require
issuance of a building or electrical permit.
(2) Miscellaneous building signs allowed under Section 608.02, unless such signs require issuance of a building or electrical permit.
(3) Flags meeting the standards of Section 608.04 do not require a sign permit for the flag. Flags
mounted on a flagpole require a permit for the permanent flagpole itself. Permanent flagpoles are considered sign structures and must comply with the requirements of this Article
as such.
(4) Incidental signs at the entrance drive of residences, estates, farms, ranches, and plantations
which do not exceed 1½ square feet in area.
610.02
Issuance of Permits for Temporary Signs.
(a) The Department is hereby authorized to issue a sign permit for any temporary sign provided all
requirements of this Article are met. A temporary sign permit must be issued by the Department
before a sign may be erected or attached to, suspended from, or supported on a building or structure except for signs that are exempt from the requirements of this Article under Section 603.02
or are exempt from permitting under Section 610.01(b), above.
(b) Any temporary sign using electrical wiring and connection shall require a sign permit and an electrical permit, both of which must be issued simultaneously.
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City of Duluth UDC
(c) Identification stickers issued by the Department of Planning and Development in conjunction with
a temporary sign permit must be adhered to the front side of all signs approved under the permit
and must be visible from the street.
610.03
Application for a Sign Permit.
(a) An application for a sign permit (and accompanying building or electrical permit, if required) shall
be made using the forms provided by the Planning Department, shall be filled in with all information required, and shall be submitted in the number of copies as required. Incomplete applications will be returned to the applicant without further review as though no application had been
received.
(b) Sign permit applications shall be accompanied by a scale drawing of each proposed sign, site plan
for monument signs, drawing of facade of building elevation showing proposed placement of each
wall, canopy or projecting sign and any other information which the Department may require in
the exercise of sound discretion in acting upon the application.
(c) Any person performing new electrical work relating to signs must apply for an electrical permit
and hold a valid electrician's trade license issued by the State of Georgia to perform such work. If
the electrical wiring exists from a previous sign and no new electrical wiring is necessary for illumination, the sign company may connect the electrical service.
(d) Use of Foreign Languages.
(1) For any sign for which a Sign Permit is required that uses words in a language other than
English, the English translation of the sign shall be provided on the Sign Permit Application.
See also Section 604.07 regarding business names, street numbers and street names.
(2) Nothing in this Section shall be construed to prohibit the use of foreign words or characters
as long as they do not contain obscene language or advertise an illegal activity.
610.04
Process for sign permit approval.
(a) If the plans, specifications and intended use of the applied for sign or part thereof conform in all
respects to the applicable provisions of this Article and the Duluth Building Code, a sign permit
shall be issued.
(b) Review time period.
Upon receipt of a complete and proper application by the Department, the application will be
reviewed and a sign permit will be issued or denied within the following time periods:
(1) For a temporary sign: 10 days.
(2) For a sign that is included in and found consistent with an approved Master Sign Plan: 5 days.
(3) For any other permanent sign: 30 days.
If no decision is made by the Community Development Director within the applicable time period,
then the permit shall be deemed to be approved.
(c) If after review and investigation by the Department, it is determined that the application fails to
meet the applicable provisions of this Article or the Duluth Building Code, the permit shall be
denied, and the Community Development Director shall notify the applicant in writing of the denial and reasons for denial. The written notice of denial shall be sent by certified mail to the designated address of the applicant on the application.
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610.05
City of Duluth UDC
Master Sign Plans.
(a) Master Sign Plans that are required by this Article or that are submitted voluntarily for pre-approval of sign permits must comply with the requirements of this Section.
(b) Master Sign Plans shall illustrate all proposed signs in sufficient detail so as to provide knowledgeable review and design specificity. Master sign plans shall show, describe or illustrate all signs
proposed to be located on a lot or within a development (and the buildings and structures related
thereto) for which sign permits will be required under Section 610.01(a).
(c) Master Sign Plans must include:
(1) Location.
An accurate drawing to scale showing the position of the sign or signs in relation to nearby
buildings or structures (including other signs), driveways, parking areas, property and rightof-way lines, and any other limiting site features (survey not required). The drawing must
show or note (as applicable):
a.
The location and size of all other signs on the parcel that are proposed to remain;
b.
The distance in feet to the nearest existing freestanding sign; and
c.
The distance in feet from the location of the proposed sign(s) to the nearest residentially
zoned parcel.
(2) Specifications.
An accurate drawing to scale of the plans, specifications and method of construction and
attachment of the sign or signs to the building or ground. The drawing shall specifically include the size of the sign structure(s) and sign face area(s), overall height of the sign(s), a site
distance diagram, and any protective devices around the base of the sign(s). For any sign for
which a building permit is required, the drawing shall be an engineered structural drawing
designed to all Building Code requirements.
(3) Design.
The master sign plan shall include such drawings and specifications as may be required to
clearly illustrate the design elements of the sign or signs, including the construction materials, size, letter style and color of all elements of the sign(s), including the sign structure, the
sign face, and background surfaces. The plan shall also show landscaping details meeting the
requirements of this Article, including the extent of the designated landscaping area, the location of specific landscape materials, and the botanical and common name of plants by location on the plan.
(d) Signs that are otherwise exempt under this Article need not be shown on the Master Sign Plan.
(e) Approval.
(1) A Master Sign Plan depicting signs that conform to all requirements of this Article may be
approved administratively by the Community Development Director.
(2) A Master Sign Plan depicting signs that exceed or modify one or more requirements of this
Article may only be approved by the . Following review of a complete application by the
Planning Department, the plan will be placed on the agenda of the next available Planning
Commission meeting.
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City of Duluth UDC
Section 611 Nonconforming Signs.
(3) Upon approval, the Master Sign Plan shall supersede any conflicting restrictions and regulations of this Article for the property to which it pertains, and shall not be adversely affected
by any subsequent amendments to this Article. If approval is denied by the Community Development Director or the Planning Commission, as applicable, the applicant may appeal to
the Zoning Board of Appeals in accordance with the provisions of the Appeals Article of this
Development Code.
(f)
Recordation of approved Master Sign Plan.
(1) The Master Sign Plan as approved must be recorded by the owner in the office of the Clerk
of Superior Court and a copy of the approved Master Sign Plan, as recorded, must be filed
with the Community Development Director prior to issuance of a sign permit for any part of
the development or premises.
(2) The recorded Master Sign Plan must be included in any sale, lease or other transfer of right
of occupancy affecting any part of the development or premises to which the Master Sign
Plan applies.
(3) All tenants of the property or development, whether an owner, lessee, subtenant, purchaser
or other occupant, must comply with the approved Master Sign Plan.
610.06
Fees.
(a) Fees for all types of sign permits shall be charged as set by the Mayor and Council from time to
time.
(b) The sign permit fee shall be required of all signs requiring issuance of a sign permit under Section
610.01(a) or Section 610.02. A separate fee shall be charged for any required building or electrical
permit. The exemption from sign fees does not waive compliance with the sign provisions of this
Article including but, not limited to, all size, height and location restrictions.
(c) If a permit is not obtained prior to installation, each applicable permit is subject to double fee.
Section 611. Nonconforming Signs.
Any sign that was legally in existence on the effective date of this Article or any amendments thereto,
and became nonconforming with respect to the requirements of this Article or any amendments
thereto, may continue in existence as long as the size of the sign is not increased beyond that existing
size on the effective date of this Article and any change thereto is made in conformance with this
Article.
611.01
Nonconforming Signs; Registration.
The burden of proof that an existing sign qualifies as a legal nonconforming sign lies with the owner of
the sign. Registration of a nonconforming sign is encouraged to establish its status, but is not required.
(a) Any sign and sign structure that is or has become a nonconforming sign may be registered by the
owner with the Department of Planning and Development. If the sign was legally erected prior to
the effective date of this Article or any amendments thereto, the sign shall be registered and
allowed to continue to exist under the provisions of Section 611.02.
(b) At the time that a legal nonconforming sign is registered, a sign permit shall be issued to the sign
owner and the sign shall be so marked in accordance with Departmental procedures.
611.02
Nonconforming Signs; Provisions.
6-45
Section 612 Special Exceptions for Signs.
City of Duluth UDC
(a) A nonconforming sign shall not be replaced, enlarged, or altered except within the provisions of
this Article.
(b) The substitution or interchange of poster panels or painted boards on nonconforming signs shall
be allowed provided the size, shape or location of said sign does not change.
(c) Repair and maintenance of nonconforming signs may be performed as necessary unless more
than 50% of the sign is repaired, altered, or replaced, as determined by the Community Development Director. If more than 50% of the sign is affected, then any legal nonconforming status is
lost and the sign must be brought into compliance with the current sign regulations; provided that
signs damaged by fire or act of God may be restored to their original condition.
611.03
Relocation of a Nonconforming Sign.
(a) An existing sign that was legally erected and that becomes nonconforming as to the setback requirements of this Article due to road widening may be moved to meet the setback requirements
of this Article. Such sign shall not be increased in size or changed in any manner except as to
become conforming.
(b) Any sign erected to replace a nonconforming sign must meet all requirements and provisions of
this Article.
Section 612. Special Exceptions for Signs.
612.01
Prior Variances.
All variances and exceptions heretofore granted by the Zoning Board of Appeals shall remain in full
force and effect and all terms, conditions and obligations imposed by this board shall remain in effect
and be binding.
612.02
Special Exceptions.
(a) The Community Development Director has the authority to administratively grant a Special Exception under the Appeals Article of this Development Code if the applicant can provide a reasonable case and will not vary from the regulations herein by more than 10%, with the exception of
the number of days a temporary sign is allowed.
(b) The Community Development Director may grant variance Special Exception for the number of
signs per storefront or building façade provided the organization of the signs or sign components
is consistent with this Article, provides a balanced appearance on the building or similar circumstance, provided the overall allowable square footage has not been exceeded.
612.03
Special Exception Approval Procedure.
Any person may apply for a Special Exception from the provisions of this Article. Any such Special Exception appeal shall be considered in accordance with the provisions, policies and procedures of the
Appeals Article of this Development Code.
Section 613. Intent, Interpretation and Severability.
(a) In interpreting the provisions of this Article, nothing shall be construed as intent to regulate the
content of the message displayed on any sign. Designation of types of signs in any manner which
may relate to the entity, organization, or person erecting the sign or to the information contained
on the sign are merely instructional to assist in categorizing signs for size, height and location
purposes and shall not be construed to prohibit any similar type of sign or to in any way restrict
the content of the sign.
6-46
City of Duluth UDC
Section 614 Administration, Enforcement, and Penalties.
(b) All signs may display a non-commercial message in addition to or in lieu of any other message. It
is the intent of this Article to regulate only the number, size, height, timing and location of signs
to accomplish the purposes set forth in Section 601 of this Article.
(c) In the event any section, subsection, sentence, clause or phrase of this Article shall be declared
or adjudged invalid or unconstitutional including but, not limited to, a declaration or adjudication
that such section, subsection, sentence, clause or phrase of the Article relates to the content of
any sign or in any way violates the constitutional provisions of free speech under the State of
Georgia or United States Constitution, such adjudication shall in no manner effect the other sections, subsections, sentences, clauses or phrases of this Article, which shall remain in full force
and effect as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid
or unconstitutional were not originally a part thereof. The City Council hereby declares it would
have adopted the remaining parts of the Article if it had known that such part or parts thereof
would be declared or adjudged invalid or unconstitutional. The provisions of this Article are declared severable to the maximum extent allowed by law and under no circumstances shall any
sign regardless of content, purpose or location, be erected in the City of Duluth which exceeds
the greatest height or size allowed for the largest sign authorized under the provisions of this
Article.
Section 614. Administration, Enforcement, and Penalties.
614.01
Enforcement.
(a) All of the provisions of this Article shall be administered and enforced by the Department of Planning and Development whose duties shall include rendering interpretations as to the requirements of this Article, issuing permits, inspecting signs (both existing and installed) under the provisions of this Article, and enforcement of all provisions of this Article.
(b) All questions arising in connection with the administration and enforcement of this Article shall
be presented first to the Planning Department and then to the Zoning Board of Appeals on appeal
of a decision from the Community Development Director, subject to applicable provisions of this
Article.
(c) A sign permit may be revoked by the Community Development Director, or his/her designee, if it
is found not to be in compliance with this Article due to intentional misinformation, misrepresentation, or significant error on the sign permit application.
(d) Issuance of a sign permit in no way prevents the Community Development Director, or his/her
designee, from later declaring the sign to be non-conforming or unlawful if upon further review
of available information the sign is found not to comply with the requirements of this Article.
614.02
Inspections.
(a) The Department shall inspect or cause to be inspected, by a duly authorized representative, every
sign, after issuance of a Sign Permit, during or upon its installation in order to determine that each
such sign meets the requirements set forth in this Article. Inspections shall include but are not
limited to footings and electrical wiring.
(b) It shall be the duty of the Department to notify the sign contractor (if known) and the sign owner
or property owner, of any discrepancies or violations found during the sign inspection. This notice
shall be in writing and provide the specifics as to the discrepancies or violations found during the
inspection and may be served in person or by certified mail, return receipt requested.
6-47
City of Duluth UDC
(c) All deficiencies or violations shall be corrected, within 48 hours, following service of this notice by
the Department or a Duly Authorized Representative. The Department or its Duly Authorized Representative may extend the time limit to correct the violation no more than 5 working days or
reduce the limit no less than 24 hours. The Community Development Director may approve extension of the correction of the violation limited to 14 days with a written justification.
(d) The Department or a Duly Authorized Representative is herein authorized to enter private property for the purpose of making an inspection to insure compliance with all provisions of this Article.
(e) The Community Development Director shall have the authority to cause to be removed after due
notice any sign which shows gross neglect or becomes dilapidated by giving the owner 10 days
written notice to correct the deficiencies or to remove the sign(s). If the owner refuses to comply,
the Community Development Director shall have the authority to have said sign(s) removed at
the expense of the owner.
614.03
Abandoned Signs.
(a) If a building, structure or premise is vacated, any associated temporary signs shall be removed by
the property owner or the sign owner within 10 days, following service of notice by the Department.
If the property owner or sign owner fails to comply within 10 days after written notification, the
City may cause the removal of the sign at the property owner’s or sign owner’s expense.
(b) If a nonconforming sign or sign structure has not been in use whereby the property has been
vacated for a period of 3 months or longer and the sign has not been updated to convey a current
message, any such sign on the property, building, or structure loses its legal nonconforming status
and must be removed or brought into compliance with the current sign regulations.
(c) A sign that no longer correctly directs or exhorts any person, or no longer advertises a bona fide
business, lessor, owner, project or activity conducted or product available on the premises where
such sign is displayed, shall be removed by the property owner or the sign owner within 10 days
following service of notice by the Department. If the property owner or sign owner fails to comply
within 10 days after written notification, the City may cause the removal of the sign at the property owner’s or sign owner’s expense.
614.04
Administrative Fees, Citations and Penalties.
(a) Any sworn officer of the City of Duluth is hereby empowered to issue a citation for violation of
this Article in any case where it is found that a sign has been erected, constructed, reconstructed,
altered, converted or maintained in violation of any provision of this Article. Non-Permanent signs
still erected after the expiration date of the approved sign permit shall be removed by the
owner/applicant or a citation will be issued for violation of this Article.
(b) Any person, firm or corporation who fails to comply with the requirements of this Article shall,
upon conviction of a violation of this Article, be punished as provided by law by the imposition of
a fine of not less than $50.00 and not more than $1000.00 (which may not be stayed or suspended), imprisonment of not more than 30 days, or both. Each violation shall be considered a
separate offense, and each day in violation shall be considered a separate offense.
(c) Any employee of the City or community service workers under the supervision of a City employee
shall have the authority to remove and confiscate any sign that is located within the public rightof-way and does not comply with the requirements of this Article. Signs confiscated by any City
employee for non-compliance, shall be stored at the City Maintenance Facility for a period of 2
6-48
City of Duluth UDC
weeks. If signs are not claimed within 2 weeks, signs shall be discarded without further investigation. The owners of confiscated signs may claim the confiscated signs within the 2 week period
but shall be required to pay an administrative fee of $100.00 per sign confiscated to reimburse
the City for the administrative time and use of resources incurred by the City in the confiscation
and storage of the signs.
6-49
CITY OF DULUTH
CITY COUNCIL
Staff Report
September 14, 2015
CASE NUMBER:
TA#2015-02
PROPOSED TEXT AMENDMENTS:
City of Duluth Unified Development Code
ARTICLE 6
Sign Regulations
APPLICANT:
City of Duluth
Department of Planning and Development
STAFF RECOMMENDATION:
I.
Approval
PURPOSE AND INTENT OF THE REQUEST
The purpose of the proposed text amendments is to amend the following:
ARTICLE 6, Sign Regulations
The proposed sign ordinance is essentially the same ordinance that was approved with the June
8, 2015 Unified Development Code. The intent of the proposed amendment is to update the sign
regulations in keeping consistent standards as it relates to enforcement of type, size and content.
The attached redline document of Article 6, Sign Regulations, indicates the proposed changes.
II.
DESCRIPTION OF THE PROPOSED TEXT AMENDMENTS
Article 6 of Unified Development Code of City of Duluth shall be amended by striking said
Article 6 and replacing it in its entirety with a new Article 6 (attachment “A”).
III.
STAFF RECOMMENDATION
The City of Duluth Department of Planning and Development Staff recommendation is as
follows: Approval of TA#2015-02 as submitted.
ORD #1
ORDINANCE TO AMEND CHAPTER 3 OF THE DULUTH CODE OF ORDINANCES
DISTANCE REQUIREMENTS
Part I.
The Council of the City of Duluth hereby ordains that the Duluth Code of Ordinances is
hereby amended by deleting in its entirety Section 3-111, Article I, Chapter 3 of the Duluth Code of
Ordinances and adopting a new Section 3-111 to read as follows:
Sec. 3-111. - Distance requirements.
(a) For the purposes of this code section, distance shall be measured by the most direct route of
travel on the ground in a straight line from the front door of the structure from which Alcoholic
Beverages are sold or offered for sale, to the front door of the building of a church, government
owned treatment center or a retail package store or to the nearest property line of the real property
being used for school or educational purposes.
(a) For the purposes of this code section, distance shall mean the measurement in linear feet as
measured in a straight line from one (1) point to another on ground between the closest walls of
the pertinent structures. Should a licensee's location be part of a larger building, such as a shopping
center, the measurement shall be to the closest wall of the licensee's location, as if the remainder of
the building was not present.
(b) Consumption on the premises. The following are distance requirements from schools for
consumption of alcohol on premises:
(1) No license permitting the sale of beer wine and liquor for consumption on the premises shall
be issued hereunder where the place of business of the applicant is located within a distance of
two hundred (200) yards (six hundred (600) feet) of any school building, educational building,
school grounds, or college campus. Any location licensed hereunder may continue to operate
any of the businesses described in this section in the event that any such school is, subsequent
to the date of the granting of such license for such premises, located closer than the distances
set forth herein.
(2) Because of the unique nature of the core preservation district commercial area and the desire
to encourage economic health and stability in that area, all distance limitations set forth in this
section shall be reduced to zero feet for businesses located or proposed to be located in the CPD-C
zoning classification.
(3) Because of the unique nature and limited area composing the central business district (CBD)
zoning classification and the desire to encourage economic redevelopment of that area, all distance
limitations set forth in this section shall be reduced to zero feet for businesses located or proposed
to be located in the central business district (CBD).
(4) Because of the unique nature and limited area composing the Buford Highway Overlay District
(BHOD) zoning classification and the desire to encourage economic redevelopment of that area, all
distance limitations set forth in this section shall be reduced to zero feet for businesses located or
proposed to be located in the Buford Highway Overlay District (BHOD).
Page 1 of 3
ORD #1
(c) (b) Retail package beer and wine and wholesale. No license permitting the sale of malt
beverages or wine or both for retail by the package shall be issued for any proposed
location which is:
(1) Within a distance of one hundred (100) yards (three hundred (300) feet) of any
school building, educational building, school grounds or college campus; or
(d) (c)
(2) Within a distance of fifty (50) yards (one hundred fifty (150) feet) of any business
licensed to sell package malt beverages or wine or both pursuant to this article unless
other such business is a hotel;
No license permitting the sale of any distilled spirits or package spirituous liquors for
retail by the package shall be issued for any proposed location which is:
(1) Within a distance of fifty (50) yards (one hundred fifty (150) feet) of any private
residence unless such residence is located in a commercially zoned (C-1, C-2, HC-R or
HC-A HC) district;
(2) Within a distance of one hundred (100) yards (three hundred (300) feet) of any
church building;
(3) Within a distance of one hundred (100) yards (three hundred (300) feet) of any public
library or branch thereof;
(4) Within a distance of one hundred (100) yards (three hundred (300) feet) of a public
park;
(5) Within a distance of two hundred (200) yards (six hundred (600) feet) of any school
building, educational building, school grounds or college campus; or
(6) Within a distance of five hundred (500) yards (one thousand five hundred (1,500)
feet) of any business licensed to sell package spirituous liquors pursuant to this
article unless other such business is a hotel.
IT IS SO ORDAINED THIS ____ DAY OF _________, 2015
_____________________________
Mayor Nancy Harris
Those voting for:
_______________________________________
Council Member Marsha A. Bomar
_______________________________________
Council Member Jim Dugan
Page 2 of 3
ORD #1
_______________________________________
Council Member Billy Jones
_______________________________________
Council Member Kelly Kelkenberg
_______________________________________
Council Member Greg Whitlock
_______________________________________
Council Member
_______________________________________
Council Member
_______________________________________
Council Member
ATTEST:
_____________________________
Page 3 of 3
ORD #2
OUTDOOR ALCOHOL CONSUMPTION
Part I
The Council of the City of Duluth hereby further ordains that the Duluth Code of Ordinances
is hereby amended by deleting Section 3-264 Article II, Chapter 3 of the Duluth Code of Ordinances
in its entirety and adopting a new Section 3-264, Article II, Chapter 3 to read as follows:
Sec. 3-264. - Sales restricted to premises only.
No retail consumption dealer shall sell or deliver any alcoholic beverages to any person except in
said licensee's place of business, except as provided for in section 3-260 (licensed caterers), section
3-259 (outdoor golf course sales), section 3-266 (patio sales) and section 3-265 (open
areas/outside consumption).
Part II
is hereby amended by deleting Subsection (b), Section 3-265 Article II, Chapter 3 of the Duluth Code
of Ordinances in its entirety and adopting a new Subsection (b), Section 3-265, Article II, Chapter 3
to read as follows:
Sec. 3-265. - Open areas/outside consumption.
(a) Open area means the area directly outside and adjacent to a licensed restaurant or tavern
where a licensee may obtain an annual permit authorizing the consumption of alcoholic beverages.
Smoking shall not be allowed in permitted open areas.
(b) Restaurants licensed to sell alcoholic beverages for consumption on the premises shall be
eligible for an annual permit authorizing patrons awaiting restaurant service to consume alcohol
purchased from the restaurant in a designated area directly outside and adjacent to the licensed
establishment.
(c) Taverns licensed to sell alcoholic beverages for consumption on the premises shall be eligible
for an annual permit authorizing patrons who purchase alcohol from the tavern to consume alcohol
in a designated and permitted area directly outside and adjacent to the licensed establishment. The
permitted open area must be owned or leased by the licensee.
(d) A permitted open area shall not include any required parking space or any public or private
road, but may include a public area leased to a licensed tavern owner.
(e) The city clerk may issue a permit authorizing alcohol consumption in open areas where in the
discretion such permit is consistent with the health, safety and welfare of the city.
(f) Compliance with the provisions of this section including requiring patrons to remain in the open
area while consuming alcohol shall be the responsibility of the licensee.
Page 1 of 4
ORD #2
Part III.
is hereby amended by deleting Section 3-341 Article III, Chapter 3 of the Duluth Code of Ordinances
in its entirety and adopting a new Section 3-341, Article III, Chapter 3 to read as follows:
Sec. 3-341. - Alcoholic beverages in public places.
(a) Except where expressly authorized to do so in this chapter, it shall be unlawful for any
person to consume any alcoholic beverage while in or upon public streets, alleys, sidewalks,
parking lots, or other public ways or property.
(b) No person shall be in possession of any glass, can or open container containing alcoholic
beverages on any thoroughfare, street, sidewalk, alley, parking lot or any other public way
or property.
(c) No person, firm or corporation licensed to sell alcoholic beverages shall permit any person
to remove from such premises, any alcoholic beverage in any open container, unless
permitted to do so, as in section 3-265
(d) No person shall have in his or her possession an open container containing alcoholic
beverages while within or on a motor vehicle, including motorcycles, while parked or
standing on a public street or public parking lot in the city, or while such vehicle is in
motion.
(e) This section does not apply to nor shall it affect the lawful sale of alcoholic beverages for
consumption by licensees operating under a valid license issued under the terms of the city
alcoholic beverage consumption ordinance.
(f) This section shall not apply to nor shall it affect the sale of or possession of a partially
consumed bottle of wine purchased with a meal from a restaurant and resealed as
permitted by O.C.G.A. §§ 3-6-4 and 40-6-253(2).
(g) In accordance with section 10.5-28 of this Code, possession and consumption of malt
beverages, beer and wine are authorized with a permit at Rogers Bridge Park for events and
rentals issued a permit by the department of parks and recreation under such terms and
conditions set forth in the permit.
(h) This section shall not apply to events where the public consumption of alcohol is permitted
for downtown events pursuant to Section 3-268 of this Chapter.
Page 2 of 4
ORD #2
Part IV.
is hereby amended by deleting Section 3-266, Article II, Chapter 3 of the Duluth Code of Ordinances
in its entirety and adopting a new Section 3-266 to be read as follows:
Sec. 3-266. – Patio sales.
(a)
(b)
(c)
(d)
Part V.
The city clerk may issue a patio sales license to establishments licensed to sell
alcoholic beverages for consumption on the premises, or establishments seeking such
license, to allow alcoholic beverage sales within patios.
In order to be eligible for a patio sales license, such patios shall be enclosed by some
structure the height of which shall be a minimum of three and one-half (3.5) feet above
ground level. Such structure may be constructed of material which permits visibility
into and out of the patio. Such structure must comply with all applicable city codes,
including, but not limited to, building and fire codes, and shall function to prevent
patrons from leaving the patio area with an alcoholic beverage without the knowledge
of the licensee.
The licensee shall require patrons to enter and exit licensed patio through the licensed
establishment's main premises. Licensed patios shall have an approved fire exit for
emergency use only, equipped with an audible alarm triggered by unauthorized use of
such fire exit, unless such licensee is a historic restaurant.
Subsection (b) of this section shall not apply to a historic restaurant, motel or hotel
licensed to sell alcoholic beverages for consumption on the premises which makes sales
and allows consumption of alcoholic beverages in ballrooms, meeting rooms, reception
rooms, or patio areas of such historic restaurant, hotel or motel, provided such
functions are in connection with a meeting, reception, conference, convention or similar
type gathering at such historic restaurant, hotel or motel.
is hereby amended by deleting Section 10-4, Chapter 10 of the Duluth Code of Ordinances in its
entirety and adopting a new Section 10-4 to be read as follows:
Sec. 10-4. – Consumption of alcoholic beverages in public.
It shall be unlawful for any person to consume partake of any alcoholic beverages while on
the public streets and places in the city or any place of business patronized by the public, except as
expressly authorized under Chapter 3 of this Code.
Page 3 of 4
ORD #2
_____________________________________
Mayor Nancy Harris
Those voting for:
________________________________________
________________________________________
________________________________________
________________________________________
_________________________________________
__________________________________________
Council Member
__________________________________________
Council Member
__________________________________________
Council Member
ATTEST:
_______________________________
Page 4 of 4
ORD #3
ORDINANCE TO AMEND CHAPTER 3 OF THE DULUTH CODE OF ORDINANCES TO UPDATE AND
CLARIFY VARIOUS PROVISIONS RELATING TO THE REGULATION AND SALE OF ALCOHOLIC
BEVERAGES WITHIN THE CITY OF DULUTH AND FOR OTHER PURPOSES
Part I
is hereby amended by deleting Section 3-102 Article I, Chapter 3 of the Duluth Code of Ordinances
in its entirety and adopting a new Section 3-102, Article I, Chapter 3 to read as follows:
Sec. 3-102. - Sale within the incorporated areas of the city; license a privilege.
(a) Alcoholic beverages may be sold within the incorporated areas of the city under an annual
license granted by the city clerk as governed by the terms and conditions hereafter
provided.
(b) All licenses herein shall be a mere grant of privilege to carry on the business during the
term of the license subject to all terms and conditions imposed by the ordinances of the city
and state law.
(c) All licenses hereunder shall have printed on the front a statement expressing that the
license is a privilege, not a right and is subject to revocation, suspension and changes in
ordinances. these words: "THIS LICENSE IS A MERE PRIVILEGE SUBJECT TO BEING
REVOKED AND ANNULLED, AND IS SUBJECT TO ANY FUTURE ORDINANCES WHICH MAY
BE ENACTED."
(d) Whenever in this chapter any act is prohibited or is made or declared to be unlawful or an
offense, or whenever in this chapter the doing of any act is required or the failure to do any
act is declared to be unlawful, where no specific penalty is provided therefor, the violation
of any such provision shall be subject to prosecution in Duluth Municipal Court and subject
to the penalty provisions contained in section 1-6 of the City of Duluth Ordinances and
further the licensee shall be subject to suspension or revocation of their license issued
under this chapter.
Part II
is hereby amended by deleting the definitions for “Art shop,” “Distance,” “Historic restaurant” and
“Tavern” from Section 3-103, Article I, Chapter 3 of the Duluth Code of Ordinances in their entirety
and adopting new definitions to replace the deleted definitions of “Art shop” and “Tavern” in
Section 3-103, Article I, Chapter 3 to read as follows:
Art shop means a retail business located in the CBD or CPD-C zoning district devoted
exclusively to the providing art education that is limited to instructing in painting, sculpture, and
similar crafts; or to selling and displaying portraits, paintings, sculptures, and similar art work and
crafts. An art shop may sell art supplies in addition to providing art education or to offering
artwork for sale. An art shop shall not allow any activities that would cause the business to be an
Page 1 of 14
ORD #3
“adult entertainment establishment” as defined in Chapter 7, Article XIV, Sections 7-601 et seq. of
this Code.
Tavern shall mean an establishment located in the CBD or CPD-C and licensed to sell
alcoholic beverages to be consumed on the premises.
Part III
is hereby amended by deleting subsection (d) from Section 3-206, Article II, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new subsection (d) to read as follows:
(d) The sign or signs required by subsection (c) shall be constructed of wood or metal and
shall be placed with the base of the sign not more than three (3) feet from the ground and
shall be not less than forty-eight (48) inches by forty-eight (48) inches in size and shall
face toward a public street adjoining the proposed location. The statement above shall be
printed or painted on the sign in the English language. Such signs shall be placed where
they can be easily seen and the statement above easily read from all public properties
adjoining the proposed location. Said sign shall not be required to comply with the
requirements of Article 6 of the Unified Development Code Chapter 11.5 of the Duluth
Code of Ordinances pertaining to signs.
The advertising requirements of this section shall not be required in cases where the
location of the proposed business has previously served as a location where alcoholic
beverage sales have been licensed within five (5) years of the date of the application for
license.
Part IV
is hereby amended by deleting Subsection (b), Section 3-112 Article I, Chapter 3 of the Duluth Code
of Ordinances in its entirety and adopting a new Subsection (b), Section 3-112, Article I, Chapter 3
to read as follows:
Sec. 3-112. - Hours of operation.
(b) Retail package spirituous liquor. No retail license holder holding a license under the
ordinance from which this chapter is derived shall furnish, sell, or offer for sale any
spirituous liquor or distilled spirits by the package except between the hours of 7:00 a.m.
until 12:00 midnight 8:00 a.m. to 11: 45 p.m. Monday through Saturday and 12:30 p.m.
until 11:30 p.m. on Sunday. No retail license holder shall furnish, sell, or offer for sale any
spirituous liquor or distilled spirits by the package at any time in violation of state law,
local ordinance or regulation, or special order of the city clerk, city manager or their
designee.
Part_V
Page 2 of 14
ORD #3
Sec. 3-250. License permitting the sale of alcoholic beverages on the premises for
consumption on the premises.
(a) No alcoholic beverages shall be sold for consumption on the premises or distributed for
educational or instructional purposes in a wine and malt tasting room except under a
license granted by the city clerk, as provided in this article.
(b) No license permitting the sale of alcoholic beverages for consumption on the premises shall
be granted unless such person, business or proposed business falls under one of the
following categories, in accordance with the definitions and regulations set forth in this
Chapter:
(1) Restaurant
(2) Tavern
(3) Brewpub
(4) Private club
(5) Special events facility
(6) Performing arts facility
(7) Hotel
(8) Lounge
(9) Indoor commercial recreational establishment
(10) Golf course, provided that such sales shall be limited to malt beverages and wine
(11) Alcoholic beverage caterer
(12) Growler sales
(13) Grocery store
(14) Ancillary alcohol sales
(15) Temporary special event
(c) No license permitting the sale of alcoholic beverages for consumption on the premises shall
be granted unless the business or proposed business is located in the CBD, HC-R, HC-A, C-2,
M-1 or M-2 zoning classifications. Licenses for performing arts facilities shall not be
granted unless such facility is located in the CBD zoning classification and has obtained a
special use permit to operate as a performing arts facility. A license shall only be granted
for a business that is a permitted use in its particular zoning district. No license shall be
granted to any business which operates as an adult entertainment establishment as set
forth in Article XIV of Chapter 7 of this Code.
(b)Only the following shall be authorized or licensed under this article:
(1) Restaurants.
(2) Taverns
(3) Brewpubs.
(4) Malt beverage/wine tastings.
(5) Indoor commercial recreational establishments.
(6) Alcoholic beverages and wine only for consumption at a special event for a nonprofit civic
group.
(7) Malt beverages and wine only for consumption through outdoor golf course sales.
(8) Alcoholic beverages for consumption off the premises by a licensed alcoholic beverage caterer.
(9) Malt beverages and wine only for consumption off the premises by a licensed alcoholic
beverage caterer.
(10) Performing arts facility license for consumption of malt beverages and wine on the premises.
(11) Performing arts facility license for consumption of alcoholic beverages on the premises.
Page 3 of 14
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(12)
(13)
(14)
(15)
Special event facility.
Ancillary alcohol sales.
Growler sale licenses.
Grocery stores.
Part VI.
hereby amended by deleting Section 3-251, Article II, Chapter 3 of the Duluth Code of Ordinances in
its entirety and replacing the deleted language to read as follows:
Sec. 3-251. - Reserved. Issuance of licenses limited to designate area; occupational tax
certificate.
(a) No license permitting the sale of alcoholic beverages for consumption on the premises
shall be issued to any person unless the business or the proposed business to be licensed hereunder
falls within a license category or criteria set forth in this Chapter. is a restaurant, historic
restaurant, private club, special events facility, performing arts facility, hotel, lounge, indoor
commercial recreational establishment, golf course, tavern, caterer, growler, grocery store or
brewpub or holder of an ancillary alcohol sales license as each of these terms is defined in this
chapter.
(b) In the case of outdoor golf course, sales of alcoholic beverages for consumption, only the
sale of malt beverages and wine shall be permitted.
(c) No license permitting the sale of alcoholic beverages for consumption on the premises
shall be granted except when the business is located in the CPD-C, CBD, HC, C-2 zoning
classifications or the M-1 or M-2 zoning classifications. Licenses for performing arts facilities shall
only be issued where the facility is located in the CBD zoning classification and has obtained a
special use permit to operate as a performing arts facility. Licenses shall only be issued for a
business that is a permitted use in that particular zoning district and no license for the sale of
alcoholic beverage for consumption on the premises may be issued to any business licensed for
operating as any type of adult entertainment establishment as set forth in article XIV of chapter 7 of
this Code.
Part VII.
is hereby amended by deleting Section 3-252 Article II, Chapter 3 of the Duluth Code of Ordinances
Sec. 3-252. - Nonprofit or civic organization.
(a) Nonprofit civic groups may be granted a three-day special event license permitting the sale
of alcoholic beverages for consumption on the premises or to sell wine at retail for off
premises consumption. Nonprofit civic organizations applications must be submitted at
least twenty (20) days prior to the planned nonprofit special event. Such organizations are
not exempt from the temporary or annual alcohol permit fees or the permit fees for
Page 4 of 14
ORD #3
pouring alcoholic beverages. However, nonprofit civic groups shall pay a handling fee of
not more than fifteen dollars ($15.00) and shall be exempt from training requirements
found in this chapter.
(b) To be eligible to apply for a temporary permit to sell alcoholic beverages at an authorized
event, a bona fide nonprofit organization must be the applicant; a nonprofit authorization
letter (i.e. Federal Form 501-C3) must be produced; any required event permit must be
obtained; and the authorized event for which the event permit is issued must be
associated with and benefit the cause of a charitable or civic organization.
As used in this article, a "nonprofit" civic group or organization means an entity which is
exempt from federal income tax pursuant to the provisions of subsection (c), (d), or (e) of
26 U.S.C. Section 501.
(c) Pursuant to state law, a temporary permit shall authorize the organization to sell alcoholic
beverages for consumption only on the premises or to sell wine at retail for off premises
consumption for a period not to exceed three (3) days. Should the event be held on any
city or public property, the event producer or business owner shall provide one Duluth
Police Officer or other security personnel as approved by the city clerk for every three
hundred (300) patrons to prevent alcohol from being removed from premises. Subject to
all laws and ordinances regulating the time for selling such beverages; the temporary
permit shall be valid only for the place specified in the permit; and no more than six (6)
such permits may be issued to the applicant organization in any one (1) calendar year.
Part VIII.
is hereby amended by deleting subsection (c) from Section 3-253, Article II, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new subsection (c) to read as follows:
(c) Each application for such a temporary permit shall be accompanied by a nonrefundable fee
of one hundred fifty dollars ($150.00). The city clerk may issue a permit authorizing the
organization to sell alcoholic beverages. The licensee or the licensee’s employees shall
supervise all aspects of the special event pertaining to the handling and storage of
alcoholic beverages and the distribution of alcoholic beverages to consumers in the metro
Atlanta area. The licensee shall be responsible for compliance with all aspects of this
article and state law and be liable for infractions thereof.
Part IX.
Sec. 3-255. – Taverns.
(a) An establishment may be licensed to sell alcohol for consumption on the premises as a
tavern where the establishment meets all other applicable requirements under this
chapter and”
Page 5 of 14
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Part X.
(1) Is located in the CBD or CPD-C zoning district;
(2) Is equipped with direct access to adequate and sanitary bar equipment including
but not limited to glassware, dishwashing facilities, and refrigerators;
(3) At the time of the initial application, meets a ratio of one (1) restaurant to one (1)
tavern in the CBD and CPD-C zoning districts. Note that tThe subsequent closure of
restaurants after the initial granting of a tavern license shall have no negative
impact on license renewal for a licensed tavern.
(b) Establishments licensed as taverns shall prohibit smoking on the premises.
Sec. 3-256. - Brewpub licenses.
(a) Brewpub is a restaurant in which beer or malt beverages are manufactured or brewed
subject to state law barrel production limitations for retail consumption on the premises
and sold solely in draft form. No person shall be permitted to own or operate a brewpub
without first obtaining a consumption on premises license from the city clerk pursuant to
the same procedures as are set forth in division 3, and each brewpub license holder shall
comply with all other applicable state and local license requirements.
(b) A brewpub license authorizes the holder of such license to:
(1) Manufacture on the licensed premises not more than five thousand (5,000) ten
thousand (10,000) barrels of beer in a calendar year solely for retail on the premises
and solely in draft form in an open container;
(2) Operate a restaurant that shall be the sole retail outlet for such beer. Such outlet
may offer for sale any other alcoholic beverages produced by other manufacturers
which are separately authorized for consumption on the premises by this article,
including wine, distilled spirits, and malt beverages, provided that such alcoholic
beverages are purchased from a licensed wholesaler for consumption on the
premises only; and, provided, further, that in addition to draft beer manufactured on
the premises, each brewpub licensee shall offer for sale commercially available
canned or bottled malt beverages from licensed wholesalers for consumption on the
premises only; and
(3) Notwithstanding any other provision of this section, sell up to a maximum of
five hundred (500) thousand (5,000) barrels annually of such beer to licensed
wholesale dealers for distribution to retailers and retail consumption dealers;
(c) Possession of a brewpub license shall not prevent the holder of such license from
obtaining another license authorized under section 3-250 (license permitting the sale of
alcoholic beverages for consumption on the premises) for the same premises.
Page 6 of 14
ORD #3
(d) A brewpub license does not authorize the holder of such license to sell alcoholic
beverages at retail by package for consumption off the premises.
(e) A brewpub licensee shall not offer or permit any free sampling of beer by its customers
on the premises.
(f) A brewpub licensee shall pay all state and local license fees and excise taxes applicable
to individuals licensed as manufacturers, retailers, and, where applicable, wholesalers.
(g) A brewpub licensee shall measure all beer manufactured on the premises and otherwise
comply with applicable regulations respecting excise and enforcement tax determination of
such beer as required. There is hereby levied an excise tax on all beer and malt beverage
produced by a brewpub up to the maximum established by the State of Georgia. Such tax
shall be paid to the licensing and revenue office no later than the tenth day of each month
for the preceding month's production. A late payment penalty not to exceed ten (10)
percent of the tax otherwise due shall be added to the amount due for any payment not
received by the due date.
(h) Except as set forth above in this section, a brewpub license holder shall be subject to all
provisions of this article.
Part XI.
its entirety and adopting a new Section3-260, Article II, Chapter 3 to read as follows:
Sec. 3-260. - Alcoholic beverage caterers.
(a) License requirements for resident caterers shall be the following:
(1) Any resident caterer who possesses a valid license from the city to sell or otherwise
dispense malt beverages, wine or distilled spirits by the drink at a fixed location
within the city may apply for an off-premises permit authorizing sales at authorized
catered events or functions.
(2) Each off-premises catering permit, authorized herein, shall be valid only for the
event for which the license is issued. The fee for each license shall be set by
resolution of the city council, and this fee amount shall remain in effect until
modified or amended by subsequent resolution adopted by the city council. It shall
be unlawful for any person to engage in, carry on, or conduct the sale or distribution
of alcoholic beverages off-premises and in connection with a catered event or
function without first having obtained a permit and paid a permit fee of fifteen
dollars ($15.00) per event as provided herein. Excise taxes are imposed upon the
sale of alcoholic beverages by a resident caterer as provided in division 3 of this
article. Article IV of this Chapter.
(b) License requirements for nonresident caterers.
Page 7 of 14
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(1) A nonresident alcoholic beverage caterer shall submit an application for an offpremises event permit to the city clerk. The fee for each such permit shall be fifty
dollars ($50.00) as authorized by O.C.G.A. § 3-11-3, or such fee as may be authorized
by any future amendment or revision thereto. Excise taxes are imposed upon the
total of individual alcoholic beverage drinks served by a nonresident caterer in the
amounts set forth in division 3 of this article Article IV of this Chapter and shall be
paid within thirty (30) days after the conclusion of the catered event or function.
(2) Permit requirements for resident and nonresident caterers.
Applications must be submitted at least three (3) days prior to the planned catered
event. An application for an event permit shall include the name of the caterer, the
date, address, time, and name of the event and the quantity and type of alcoholic
beverages to be transported from the licensee's primary location to the location of
the authorized catered event or function.
(c) Generally Applicable Requirements for Caterers
(1) While transporting alcoholic beverages in connection with an authorized catered
event, the licensee or the employee of the licensed alcoholic beverage cater shall
have in their possession:
(2)
a. A copy of the caterer's valid state alcoholic beverage license;
b. A copy of the caterer's valid local alcoholic beverage catering license;
c. A copy of the caterer's valid local alcoholic beverage catering event permit.
(3) Employees of licensed caterer must be twenty-one (21) years of age or older in order
to handle alcoholic beverages at any authorized catered event. It shall be unlawful
for a licensed alcoholic beverage caterer to distribute, sell, or otherwise dispense
alcoholic beverages off-premises except as authorized by the event permit.
(3) A licensed alcoholic beverage caterer may sell or otherwise dispense only that which
is authorized by his alcoholic beverage license. For example, if the alcoholic beverage
caterer possesses a valid license to sell malt beverages, he may sell or otherwise
dispense only malt beverages at the authorized catered event or function.
(4) Except as set forth above in this section, an off-premises permit holder must comply
with all other provisions set forth in this chapter.
Part XII.
(5) No catering permit shall be issued without evidence that the applicant caterer has
general liability insurance in an amount of at least $1 million to cover their catering
activities.
in its entirety and replacing the deleted language to read as follows:
Sec. 3-272. – Reserved. Specialty gift shop licenses.
Page 8 of 14
ORD #3
Part XIII.
is hereby amended by deleting subsection (a) from Section 3-274, Article II, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new subsection (a) to read as follows:
Sec. 3-274. – Art shop license.
(a) The city clerk may grant an art shop license to an establishment which meets each of the
following criteria:
Part XIV.
(1) The business is located in the CBD or CPD-C zoning district;
(2) The sale, service or consumption of alcohol is not the primary business of the
licensed establishment;
(3) The establishment meets the definition of an art shop set forth in section 3-103 of
this chapter;
(4) The individuals applying for the license on behalf of the business meets all
application requirements set forth in this chapter.
Sec. 3-280. – License permitting the retail sale of package malt beverages and wine.
(a) The sale of package malt beverages or wine or both is prohibited except under a license
granted by the city clerk, as provided in this article.
(b) Except as expressly provided herein, no license permitting the retail sale of package
malt beverages or wine or both shall be granted unless the applicant falls under one of
the following categories, in accordance with the definitions and regulations set forth in
this Chapter:
(1) Specialty gift shop
(2) Grocery store
(3) Convenience store
Page 9 of 14
ORD #3
(4) Growler sales
(5) Deli and food market
(6) Wine tasting room
(c) Except as expressly provided herein, no license permitting the retail sale of package
malt beverages or wine or both shall be granted to any applicant hereunder unless the
proposed premises is located in the C-1, C-2, HC-R or HC-A zoning districts. A deli and
food market and specialty gift shop licensed for the retail sale of package malt beverages
or wine or both may be located in the C-1, C-2, HC-R, HC-A or CBD zoning districts.
Sec. 3-280. – Issuance of licenses limited to designated areas.
No license permitting the retail sale of package malt beverages or wine or both shall be
granted to any applicant hereunder unless the proposed premises is located in an area of
the city which is zoned for commercial (C-1, C-2 or H-C) use. A deli and food market may be
located on properties zoned for commercial (C1, C2, or H-C) use or in the central business
district.
Part XV.
is hereby amended by adding a new Section to Article II, Chapter 3 of the Duluth Code of
Ordinances, titled Section 3-283 to read as follows:
Sec. 3-283. – Specialty gift shop licenses.
(a) Notwithstanding any other provision of this article to the contrary, limited exceptions from
this article shall exist for the owners of specialty gift shops provided that the owner obtains
a specialty gift shop alcohol license as hereinafter provided; and the only sale of alcohol by
the owner is through the sale of gift items as specified and not for consumption on the
premises. These exceptions are as follows:
(1) In lieu of section 3-204(h) (application fee), subsection (b) of this section shall apply to
applications for specialty gift shop licenses;
(2) Section 3-211 (distance from schools, churches, residences, etc.), subsections (a)
(private residences), (b) (churches), (c) (public libraries), and (f) (another licensee)
shall not apply for specialty gift shops.
(b) Each application for a specialty gift shop license under this article shall be accompanied by a
certified check or cash for the full amount of the license fee in accordance with the scale
fixed by the city council, together with a separate certified check or cash in the amount of
one hundred dollars ($100.00) payable to the city and shall be paid over to the clerk of the
city who shall note the payment of such application fee upon the original application for
such license. The application fee provided for herein is to be used to defray the investigative
and administrative costs and expenses of investigating and considering the application. If
Page 10 of 14
ORD #3
the application is denied and the license refused or if the applicant withdraws his
application after submission to the city clerk, the application fee provided for herein shall
not be refundable, however, the license fee (without interest) shall be refunded.
(c) Notwithstanding any other provision of this chapter, an employee who sells any gift item
containing alcohol must be at least eighteen (18) years of age.
(d) Except as set forth above in this section, a specialty gift shop alcohol licensee must comply
with all other provisions set forth in this chapter.
Part XVI.
is hereby amended by deleting subsection (a) from Section 3-281, Article II, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new subsection (a) to read as follows:
(a) The sale of package malt beverages in growlers shall be allowed in an establishment
licensed for the sale of growlers located in the C-2, CPD-C and CBD districts. Growlers
may not be sold at any establishment engaged in the sale of distilled spirits.
Part XVII.
Sec. 3-300. – Applicability of ordinance to those businesses operating both the retail sale of
spirituous liquors and package malt beverages and wine.
For licensees who wish to operate a business which conducts both the retail sale of
spirituous liquors and package malt beverages and wine, in the case of conflict, the
provisions of this article regulating the sale of spirituous liquors shall prevail, and
compliance with those provisions, rather than the provisions applicable to the license
permitting the sale of package malt beverages and wine, is required. The applicant shall be
required to complete the application under this article. and the application under the
ordinances titled "Package Liquor Licensing and Regulation."
Part XVIII
The Council of the City of Duluth hereby further ordains that the Duluth Code of Ordinances is
its entirety and adopting a new Section 3-301 to be read as follows:
Sec. 3-301. – Issuance of licenses limited to designated area.
Page 11 of 14
ORD #3
No license permitting the retail sale of package spirituous liquors shall be granted to any
applicant hereunder unless the proposed premises is located in an area of the city which is
zoned for commercial (C-2, or H-C HC-R or HC-A) use.
Part XIX.
its entirety and adopting a new Section 3-303 to be read as follows:
Sec. 3-303. – Signs.
Each licensee for the sale of spirituous liquors by the package at retail shall abide by all sign
restrictions and requirements set forth in the city’s zoning ordinance Unified Development
Code and/or municipal code.
Part XX.
Section 3-324. – Issuance of licenses limited to designated area.
No license permitting the wholesale distribution of alcohol shall be granted to any applicant
proposing to locate within the city unless the premises is located in an area of the city which
is zoned for commercial (C-2, HC-R or HC-A H-C) or industrial (M-1) use.
Part XXI.
is hereby amended by deleting subsection (f) from Section 3-364, Article III, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new Section 3-364(f) to be read as follows:
(f) Any licensed establishment where a violation of this section or O.C.G.A., § 3-3-23 has
occurred by employees, managers, or owners shall be required to post signs, to be provided
by the city clerk, on the exterior doors of the establishment which contains the following
language: "An employee or owner of this store has violated state law and City of Duluth
Ordinances by selling alcoholic beverages to a minor" for the period of the suspension
imposed in subsection (e) (f).
Part XXII.
is hereby amended by deleting subsection (e) from Section 3-911, Article V, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new Section 3-911(e) to be read as follows:
Sec. 3-911. Suspension/Revocation of Licenses; causes
Page 12 of 14
ORD #3
(e) Any licensed establishment that is found to be in violation of sections 3-350 (types of
entertainment, attire and conduct prohibited) 3-266 3-270 (“happy hour” promotions and
sales) of this code shall be subject to immediate license suspension and the city clerk shall
take action to revoke the license as provided for in this article, in addition to all other
penalties provided for in this article.
Part XXIII.
is hereby amended by deleting subsection (b) from Section 3-914, Article V, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new subsection 3-914 (b), Article V, Chapter 3 to
read as follows:
Sec. 3-914. Hearings
(b) The city clerk shall provide written notice to the applicant, licensee or employee of his or
her order or the chief of police's decision to deny, suspend, or revoke the license or permit.
Such written notification shall set forth in reasonable detail the reasons for such action
and shall notify the applicant, licensee, or employee of the right to appeal under the
provisions of this article. Any applicant, licensee, or employee who is aggrieved or
adversely affected by a final action of the city clerk may have a review thereof by appeal to
the alcoholic beverage review board. Such appeal shall be by written petition, filed in the
office of the city clerk within fifteen (15) days after the final order or action of the city
clerk and in order to defray administrative costs must be accompanied by a filing fee of
five hundred dollars ($500.00). At the request of the appellant, the city clerk or the alcohol
review board, by majority vote, may refund the filing fee.
IT IS SO ORDAINED THIS ____ DAY OF _________, 2015.
_____________________________
Mayor Nancy Harris
_____________________________
Marsha A. Bomar
_____________________________
Jim Dugan
______________________________
Billy Jones
______________________________
Page 13 of 14
ORD #3
Kelly Kelkenberg
ATTEST:_________________________
______________________________
Greg Whitlock
______________________________
______________________________
______________________________
Page 14 of 14
ORD #4
GAMBLING/COIN OPERATED DEVICES
is hereby amended by deleting Section 3-370 Article III, Chapter 3 of the Duluth Code of Ordinances
in its entirety.
Article III, Division 4 GAMBLING
Sec. 3-370. - Gambling on premises prohibited.
There shall be no gambling, betting, games of chance, punch boards, slot machines, or the operation
of any scheme for hazarding money or any other thing of value in any place of business licensed to
sell alcoholic beverages for consumption on the premises or any room adjoining the same, owned,
leased or controlled by a licensee. Any violation of this section shall be cause for suspension or
revocation of a license.
hereby amended by deleting Section 3-371 Article III, Chapter 3 of the Duluth Code of Ordinances in
its entirety.
Sec. 3-371. - Coin operated devices, similar machines prohibited on licensed premises.
No retail dealer in spirituous liquors by the package shall permit on his/her premises any slot
machines, mechanical music boxes, pinball machines operated for amusement purposes, or coin
operated machines of any kind and character, except only coin operated machines for dispensing
tobacco products and non-alcoholic soft drinks.
______________________________________
Mayor Nancy Harris
Those voting for:
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Page 1 of 2
ORD #4
_______________________________________
Council Member
_______________________________________
Council Member
_______________________________________
Council Member
ATTEST:
_____________________________
Page 2 of 2
ORD #5
ORDINANCE TO AMEND CHAPTER 3 OF THE DULUTH CODE OF ORDINANCES TO UPDATE AND
CLARIFY VARIOUS PROVISIONS RELATING TO THE REGULATION AND SALE OF ALCOHOLIC
BEVERAGES WITHIN THE CITY OF DULUTH AND FOR OTHER PURPOSES
Part I
hereby amended by deleting Subsection (b) from Section 3-221, Article II, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new Subsection (b) to read as follows:
(b)
Part II
No person shall be granted any alcoholic beverage license unless it shall appear to
the satisfaction of the city clerk that such person, partners in the firm, or officers
and directors of the corporation are of good moral character and reputation. In no
event shall any license be granted to any applicant when a person to whom this
section applies has been convicted or has pleaded guilty or entered a plea of nolo
contendere to any felony involving moral turpitude, lottery, illegal gambling, illegal
possession or sale of illegal drugs or alcoholic beverages, or any felony of the United
States or any state or municipality or any crime of another state or jurisdiction
which would be a felony in Georgia within a period of five (5) ten (10) years
immediately prior to the filing of such application. No person shall be granted an
alcohol license when such person has had any license or permit relating to the sale,
manufacture or distribution of alcohol revoked by any jurisdiction within a period
of five (5) years immediately prior to the filing of such application. No person shall
be granted an alcohol license when that person has been convicted, pleaded guilty
or entered a plea of nolo contendere to two offenses of driving under the influence
of alcohol in this state or any other state, or in any country, within a period of five
(5) years immediately prior to the filing of the license application. At the time an
application is submitted for any alcoholic beverage license, the applicant shall, by
duly sworn affidavit, certify that the applicant, other owners of the establishment
and the manager of such establishment satisfy the criminal history prerequisites set
forth in this chapter. Should any person to whom this section applies, after a license
has been granted, be convicted or plead guilty or nolo contendere to any of the
crimes enumerated above, the license shall be suspended pending a revocation
hearing as provided for under this article.
is hereby amended by deleting Subsection (a) from Section 3-228, Article II, Chapter 3 of the Duluth
Code of Ordinances in its entirety and adopting a new Subsection (a) to read as follows:
(a)
No licensee shall employ in connection with the sale of alcoholic beverages any
person in any capacity whatsoever, who has been convicted of a felony or of any
crime in another state or jurisdiction which would be a felony in Georgia in the
courts of this state or any other state, or the courts of the United States or any other
country, within five (5) ten (10) years immediately prior to the application for
employment. of soliciting for prostitution, pandering, letting of premises for
prostitution, keeping a disorderly place, illegal dealing in narcotics, sex offenses, or
other charges related to the manufacture or sale of alcoholic beverages, any felony,
Page 1 of 3
ORD #5
or any crime involving moral turpitude. No licensee shall employ in connection with
the sale of alcoholic beverages any person, who has had any license or permit
relating to the sale, manufacture or distribution of alcohol revoked by any
jurisdiction within a period of five (5) years immediately prior to the application for
employment. No licensee shall employ in connection with the sale of alcoholic
beverages any person in any capacity whatsoever, who has been convicted of two
(2) or more offenses of driving under the influence of alcohol in this state or any
other state, or in any country, within the five-year period immediately prior to the
application for employment. For purposes of this article, a bond forfeiture or a plea
of guilty or nolo contendere shall be considered a conviction.
Part III
is hereby amended by deleting Subsection (b) from Section 3-240, Article II, Chapter 3 of the Duluth
(b)
The city clerk, chief of police or their designee shall have a criminal background
history made relative to any police record of the person to be cleared. No alcohol
handling permit may be issued to any person who has been convicted of a felony or
of any crime in another state or jurisdiction which would be a felony in Georgia in
this state or any other state, or in any country, within five (5) ten (10) years
immediately prior to the application., for illegal gambling or illegal possession or
sale of controlled substances or the illegal sale of alcoholic beverages, including the
sale or transfer of alcoholic beverages to minors in a manner contrary to law,
keeping a place of prostitution, pandering, pimping, public indecency, prostitution,
solicitation of sodomy, or any sexual related crime. No alcohol handling permit may
be issued to any person who has had any license or permit relating to the sale,
manufacture or distribution of alcohol revoked by any jurisdiction within a period
of five (5) years immediately prior to the filing of such application. No alcohol
handling permit may be issued to any person who has been convicted of two (2) or
more offenses of driving under the influence of alcohol in this state or any other
state, or in any country, within the five-year period immediately prior to the
application. For purposes of this section, a bond forfeiture or a plea of guilty or nolo
contendere shall be considered a conviction. In the event there is no record of a
violation of this article, the city clerk may issue a temporary permit to the applicant
which shall be specific as to the licensee. The city clerk may prescribe reasonable
fees for processing such permits which shall be paid at the time application is made.
If it is found that the person to be cleared is not eligible for a permit, the city clerk
shall notify the applicant, and in the case of manager or employee applicants, the
applicant's employer, that this person is not eligible for a permit and/or
employment. The applicant who is denied an alcohol handling permit may appeal
such ruling to the alcoholic beverage review board.
Page 2 of 3
ORD #5
_________________________________
Mayor Nancy Harris
Those voting for:
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
_________________________________________
Council Member
_________________________________________
Council Member
_________________________________________
Council Member
ATTEST:
_______________________________
Page 3 of 3
ORD #6
RED ZONE, UNDERAGE SALES PENALTIES, AND ALCOHOL REVIEW BOARD QUORUM
Part I
in its entirety and adopting a Section 3-268 to read as follows:
Sec. 3-268. – Special provisions and exemptions in downtown district.
(a)
Part_II
Red zone events. During special "red zone" events designated by the mayor and
council the public shall be authorized to possess and consume alcoholic beverages
or purchase alcoholic beverages sold by those licensed establishments located in the
CBD and CPD-C zoning districts. Such consumption and possession shall only be
allowed within the areas bounded on the north by Hill Street, on the east by the
city's right-of-way line for Highway 120, on the west by Hardy Street City Hall and
on the south by right-of-way line for the Norfolk Southern rail road tracks. may
allow patrons to leave the licensed premises. However,: (1) Nno possession or
consumption of alcohol shall be permitted in the playground at Taylor Park.
is hereby amended by deleting Section 3-364, Article III, Chapter 3 of the Duluth Code of Ordinances
in its entirety and adopting a Section 3-364 to read as follows:
Sec. 3-364. – Sales to underage or intoxicated persons prohibited.
(a)
(b)
(c)
(d)
No licensee hereunder shall serve or sell alcoholic beverages to:
(1) Any person under the age of twenty-one (21) years of age,
(2) Or to any person in an intoxicated condition.
No licensee or employee thereof shall sell alcoholic beverages upon the licensed
premises or permit alcoholic beverages to be consumed thereon on any day or at
any time when the sale or consumption is prohibited by law.
It shall be a violation not to require and properly check identification to ensure an
underage person is not sold, served, or has in his or her possession alcoholic
beverages while in a licensed establishment. For the purpose of this subsection
"identification" means any document issued by a governmental agency containing a
description of the person, such person's photograph or both, and giving such
person's date of birth, including but not limited to a passport, military identification
card, driver's license, or identification card authorized under an act to require the
department of public safety to issue identification cards to persons who do not have
a motor vehicle drivers license. Proper identification shall not include a birth
certificate, or any traffic citation and complaint form.
The penalty for an individual found in violation of this section article shall be as
follows:
Page 1 of 4
ORD #6
(e)
(f)
(1) For the first offense in a thirty-six (36) month period, a fine of not less than
three hundred dollars ($300.00) nor more than five hundred dollars ($500.00)
and the permit holder shall be required to re-take the mandatory alcohol
training class provided by the City within ninety (90) days of receipt of the
notice sent by the City.
(2) For the second offense within a thirty-six (36) month period, a fine of not less
than five hundred dollars ($500.00) nor more than one thousand dollars
($1,000.00). In addition, the individual's alcohol handling permit shall be
suspended revoked for a period of up to one (1) year three (3) months.
(3) For the third offense within a thirty-six (36) month period, a fine of not less than
one thousand dollars ($1,000.00). In addition, the individual's alcohol handling
permit shall be revoked permanently.
Any licensee who has an establishment where a violation of this section or O.C.G.A.,
§ 3-3-23 has occurred by employees, managers, or owners of a licensee shall be
punished as follows:
(1) For the first violation within any thirty-six (36) month period, a fine of up to not
less than five hundred dollars ($500.00) and not greater than one thousand
dollars ($1,000.00). In addition, the alcohol license of the establishment may
shall be suspended for a period not to exceed ten (10) days of two (2) weeks and
during the period of this suspension the establishment shall be required to post
a sign in a conspicuous location in such size and font that is easily observed
announcing to customers that no alcohol sales are available and the period of
the suspension.
(2) For the second violation within any thirty-six (36) month period, a fine of not
less than five hundred dollars ($500.00) and not greater than one thousand
dollars ($1,000.00). In addition, the alcohol license of the establishment shall be
suspended for a period not to exceed thirty (30) days of not less than thirty (30)
nor more than one hundred eighty (180) days and during the period of this
suspension the establishment shall be required to post a sign in a conspicuous
location in such size and font that is easily observed announcing to customers
that no alcohol sales are available and the period of the suspension.
(3) For the third violation within any thirty-six (36) month period, a fine of one
thousand dollars ($1,000.00). In addition the establishment's alcohol license(s)
shall be revoked.
(4) In addition to the above penalties, the city clerk shall have the discretion to
initiate revocation hearings as outlined in this article.
(5) As to the penalties in this subsection (f), if there is a complete change in the
licensed establishment's owners, or a change in partners or stockholders
representing seventy-five (75) percent of the outstanding stock or shares of the
firm owning the licensed establishment, the violations under the old ownership
shall not count against the new owners.
(6) For purposes of this subsection, a single event resulting in the issuance of
citations to more than one individual shall be counted as one violation.
Any licensee who has been suspended under subsection (e) above shall be required
to post signs, to be provided by the city clerk, on the exterior doors of the
establishment which contains the following language: "An employee or owner of
this store has violated state law and City of Duluth Ordinances by selling alcoholic
beverages to a minor" for the period of the suspension imposed in subsection (e).
Page 2 of 4
ORD #6
(g)
(h)
(i)
(j)
Part III
Any licensed establishment where a second violation of this section or O.C.G.A. § 33-23 has occurred by employees, managers, or owners within any thirty-six (36)
month period shall not be used as a vendor by the city for any purchases by the city
until such time as there are no violations within the previous 36-month period.
The city clerk may relieve the licensee of any penalties that otherwise may be
assessed under subsections (d), (e) or (f) (f), (g), or (h) of this section if it can be
shown to the city clerk's satisfaction that such licensee freely and of its own volition
reported such specific violations for which it may be charged to the chief of police or
city clerk prior to such violation coming to the attention of the authorities. Such a
report must have been specific and not speculative or general in nature.
Documented evidence of such activities shall include, but shall not be limited to,
written evidence that the licensee has promptly reported such violations or
attempted violations of this chapter. In addition, the licensee must have fully
cooperated with authorities in correcting such violations and participating in the
prosecution of any other violators.
The city clerk or chief of police, in accordance with O.C.G.A. § 3-3-2.1, shall notify the
state department of revenue of any violation (violation being defined as a conviction
or entry of a plea of guilty or nolo contendere) of this section or the O.C.G.A. § 3-3-23
by any licensee.
The provisions of this section shall apply to any violation which has not been fully
adjudicated at the time of the effective date of its adoption.
is hereby amended by deleting Subsection (b) from Section 3-115, Article I, Chapter 3 of the Duluth
(b)
The alcoholic beverage review board shall be composed of five (5) members and
two (2) alternates who shall be nominated by the mayor and council of the city to
serve a four-year term. They shall be limited to three (3) consecutive full four-year
and in no event shall exceed fourteen (14) consecutive years. Nominations shall be
made by members to the mayor and council and such nominees shall be
investigated as herein provided prior to their appointment to the alcoholic
beverage review board. Alternates nominated to the alcoholic beverage review
board by the mayor and council shall meet all requirements set forth in this article
for regular members of the alcoholic beverage review board but shall be entitled to
a vote on the alcoholic beverage review board only when the participation of one
(1) or both of the alternates is necessary to replace a regular member due to the
absence of one (1) or more regular members of the alcoholic beverage review board
or due to a disqualification of one (1) or more regular members of the alcoholic
beverage review board as a result of a conflict of interest. The alternates shall be
designated as alternate one (1) and alternate two (2) and shall replace regular
alcoholic beverage review board members as necessary according to the numerical
sequence. A quorum of the alcoholic beverage review board shall be five (5) three
(3) regular members. or alternates.
Page 3 of 4
ORD #6
_____________________________
Mayor Nancy Harris
Those voting for:
________________________________
________________________________
________________________________
________________________________
________________________________
________________________________
Council Member
________________________________
Council Member
________________________________
Council Member
ATTEST:
_____________________________
City Clerk Teresa S. Lynn
Page 4 of 4
2015 Milling, Patching and Resurfacing (ST-32)
Original
Approved
Budget
Land
Professional Services
Infrastructure
Machinery/Equipment
Contingency
Total
Project Length
Annual Maintenance
$0.00
Revised Budget
Actual
$0.00
Delta- Actual to
Revised
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Delta Delta- Actual to
Revised to
Original
Original
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
Footnotes:
SPLOST 2014 funds
Bids opened on 9/8/15
Bid award request to Stewart Brothers for $673,819.33 ($586,768.95 base bid + $87,050.38 alternate) plus $67,381.93 10% contingency equals a total of $741,201.26
Project Management Fees of $16,500 (100 hours @ $165/hour)
Permitting & engineering fees approx. $7,000:
Norfolk Southern permit application $1,250
Norfolk Southern additional insurance costs approx. $3,000-$3,500
Clark Patterson Lee drawings approx. $1,000
Requested total project cost budget of $764,701.26
ST-32 Resurfacing (20150909).xls
Ordinance
Amendment to the City of Duluth
2016 Fiscal Year Budget
AN ORDINANCE TO AMEND THE 2016 ANNUAL BUDGET FOR THE
CITY OF DULUTH, GEORGIA, IN COMPLIANCE WITH THE LAWS OF
THE STATE OF GEORGIA.
THE CITY COUNCIL OF THE CITY OF DULUTH HEREBY ORDAINS, the City of
Duluth, Georgia, has previously adopted a budget for the 2016 fiscal year as follows:
Total Revenues:
78,263,267
Operations Expenditures:
26,566,269
Capital Improvement Expenditures:
51,696,998
Total Expenditures:
78,263,267
For a balanced budget in compliance with the laws of the State of Georgia.
WHEREAS the City of Duluth Police Department per departmental policies for vehicle
retirement, sent 11 police vehicle to auction where the vehicle were sold and after
commissions and fee the City received $15,568.75 from the auction company; and
WHEREAS due to the need to continue to maintain a vehicle fleet that is low maintenance
and dependable, the police department is requesting that $15,568 be added to the Police
Vehicle – Consolidated Vehicle Maintenance – Vehicles line item to be used to purchase
another vehicle; and
THEREFORE, the City of Duluth 2016 Fiscal Year Budget is amended as follows:
Total Revenues & Prior Yr Reserves
78,278,835
Operations Expenditures:
26,566,269
Capital Improvement Expenditures:
51,712,566
Total Expenditures:
78,278,835
BE IT ORDAINED, that the 2016 City of Duluth Annual Budget be officially amended.
Budget Amendment, p2
DULY ADOPTED this 14th day of September, 2015.
______________________________________
Mayor Nancy Harris
Councilmember(s) in favor:
Councilmember(s) opposing:
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
______________________________________
Councilmember
ATTEST:
____________________________________
City Clerk Teresa S. Lynn

Agenda Packet

Transcription

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