THE CODE OF BANKS COUNTY, GEORGIA
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Adopted March 12, 2002
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Published in 2002 by Order of the Board of Commissioners
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OFFICIALS
OF
BANKS COUNTY, GEORGIA
AT THE TIME OF THIS CODIFICATION
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Kenneth Brady
Chairman
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Ernest Rogers
James P. Westmoreland
Board of Commissioners
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J. Randall Frost
County Attorney
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Avis Lewallen
Clerk, Board of Commissioners
CURRENT OFFICIALS
OF
BANKS COUNTY, GEORGIA
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Jimmy T. Hooper
Chairman
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Charles Turk—Post 4
Vice Chairman
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Danny Maxwell—Post 1
Sammy Reece—Post 3
David Duckett—Post 2
Commissioners
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J. Randall Frost
County Attorney
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Jenni Gailey
County Clerk, Board of Commissioners
PREFACE
This Code constitutes a codification of the general and permanent ordinances of Banks County, Georgia.
Source materials used in the preparation of the Code were the ordinances adopted by the board of commissioners. The source of each section is included in the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the comparative tables appearing in the back of this Code, the reader can locate any ordinance included herein.
The chapters of the Code have been conveniently arranged in alphabetical order, and the various sections within each chapter have been catchlined to facilitate usage. Notes which tie related sections of the Code together and which refer to relevant state law have been included. A table listing the state law citations and setting forth their location within the Code is included at the back of this Code.
Chapter and Section Numbering System
The chapter and section numbering system used in this Code is the same system used in many state and local government codes. Each section number consists of two parts separated by a dash. The figure before the dash refers to the chapter number, and the figure after the dash refers to the position of the section within the chapter. Thus, the second section of chapter 1 is numbered 1-2, and the first section of chapter 6 is 6-1. Under this system, each section is identified with its chapter, and at the same time new sections can be inserted in their proper place by using the decimal system for amendments. For example, if new material consisting of one section that would logically come between sections 6-1 and 6-2 is desired to be added, such new section would be numbered 6-1.5. New articles and new divisions may be included in the same way or, in the case of articles, may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject. The next successive number shall be assigned to the new article or division. New chapters may be included by using one of the reserved chapter numbers. Care should be taken that the alphabetical arrangement of chapters is maintained when including new chapters.
Page Numbering System
The page numbering system used in this Code is a prefix system. The letters to the left of the colon are an abbreviation which represents a certain portion of the volume. The number to the right of the colon represents the number of the page in that portion. In the case of a chapter of the Code, the number to the left of the colon indicates the number of the chapter. In the case of an appendix to the Code, the letter immediately to the left of the colon indicates the letter of the appendix. The following are typical parts of codes of ordinances, which may or may not appear in this Code at this time, and their corresponding prefixes:
RELATED LAWS RL:1 RELATED LAWS COMPARATIVE TABLE RLCT:1 CODE CD1:1 CODE APPENDIX CDA:1 CODE COMPARATIVE TABLES CCT:1 STATE LAW REFERENCE TABLE SLT:1 RELATED LAWS INDEX RLi:1 CODE INDEX CDi:1 Indexes
The indexes have been prepared with the greatest of care. Each particular item has been placed under several headings, some of which are couched in lay phraseology, others in legal terminology, and still others in language generally used by local government officials and employees. There are numerous cross references within the indexes themselves which stand as guideposts to direct the user to the particular item in which the user is interested.
Looseleaf Supplements
A special feature of this publication is the looseleaf system of binding and supplemental servicing of the publication. With this system, the publication will be kept up-to-date. Subsequent amendatory legislation will be properly edited, and the affected page or pages will be reprinted. These new pages will be distributed to holders of copies of the publication, with instructions for the manner of inserting the new pages and deleting the obsolete pages.
Keeping this publication up-to-date at all times will depend largely upon the holder of the publication. As revised pages are received, it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publisher that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.
Acknowledgments
This publication was under the direct supervision of Palmer Carr, Senior Code Attorney, and William B. Eddy, Editor, of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.
The publisher is most grateful to Mr. Kenneth Brady, Chairman, Board of Commissioners, and Mr. J. Randall Frost, County Attorney, for their cooperation and assistance during the progress of the work on this publication. It is hoped that their efforts and those of the publisher have resulted in a Code of Ordinances which will make the active law of the county readily accessible to all citizens and which will be a valuable tool in the day-to-day administration of the county's affairs.
ADOPTING ORDINANCE
ORDINANCE NO. 2002-05An Ordinance Adopting and Enacting a New Code for Banks County, Georgia; Providing for the Repeal of Certain Ordinances Not Included Therein; Providing a Penalty for the Violation Thereof; Providing for the Manner of Amending Such Code; and Providing When Such Code and this Ordinance Shall Become Effective.
BE IT ORDAINED BY THE BOARD OF COMMISSIONERS:
Section 1. The Code entitled "Code of Banks County, Georgia," published by Municipal Code Corporation, consisting of chapters 1 through 90 and Appendix A, Zoning, each inclusive, is republished, ratified, restated, adopted and readopted.
Section 2. All ordinances of a general and permanent nature enacted on or before July 20, 2001, and not included in the Code or recognized and continued in force by reference therein or herein, are repealed, except the Mobile Home Ordinances of Banks County. (Ordinance 99-11 and 2000-10)
Section 3. The repeal provided for in section 2 hereof shall not be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance that is repealed by this ordinance.
Section 4. Unless another penalty is expressly provided, every person convicted of a violation of any provision of the Code or any ordinance, rule or regulation adopted or issued in pursuance thereof shall be punished by a fine not to exceed $1,000.00 or imprisonment for not more than 60 days or both. Each act of violation and each day upon which any such violation shall occur shall constitute a separate offense. The penalty provided by this section, unless another penalty is expressly provided, shall apply to the amendment of any Code section, whether or not such penalty is reenacted in the amendatory ordinance. In addition to the penalty prescribed above, the county may pursue other remedies such as abatement of nuisances, injunctive relief and revocation of licenses or permits.
Section 5. Additions or amendments to the Code when passed in such form as to indicate the intention of the county to make the same a part of the Code shall be deemed to be incorporated in the Code, so that reference to the Code includes the additions and amendments.
Section 6. Ordinances adopted after July 20, 2001, that amend or refer to ordinances that have been codified in the Code shall be construed as if they amend or refer to like provisions of the Code.
Section 7. Notwithstanding section 1-5 of the Code of Banks County, Georgia, the provisions appearing in the Code so far as they are the same as ordinances or resolutions adopted prior to the Code and included in the Code shall be continuations thereof and as republished, ratified, restated ordinances and resolutions adopted and readopted by the Board of Commissioners.
Section 8. Any provisions, articles, chapters or sections or parts thereof, of the Code that is in conflict with the terms and provisions of this Ordinance adopting and enacting the Code of Banks County, Georgia, are hereby repealed to the extent of such conflict, but it is hereby provided that any resolution, ordinance or law, which may be applicable hereto and aid in carrying out and making effective the intent, purpose and provisions hereof and of the Code, which shall be liberally construed to be in favor of Banks County, is hereby adopted as part hereof.
Section 9. If any paragraph, sub-paragraph, sentence, clause, phrase, or any portion of this Ordinance shall be declared invalid or unconstitutional by any court of competent jurisdiction or if the provisions of any part of this Ordinance as applied to any particular situation or set of circumstances shall be declared invalid or unconstitutional, such invalidity shall not be construed to affect the portions of this Ordinance not so held to be invalid. It is hereby declared to be the intent of the Board of Commissioners to provide for separable and divisible parts, and it does hereby adopt any and all parts hereof as may not be held invalid for any reason.
Section 10. This ordinance shall become effective on adoption by the Board of Commissioners.
PASSED AND ADOPTED by the Board of Commissioners, after advertisement, public hearings, and recommendation of the Banks County Planning Commission in an open regularly scheduled public meeting, this day 12th of March, 2002.
BOARD OF COMMISSIONERS
BANKS COUNTY, GEORGIABy: ;sigl; Kenneth Brady\Chairman
Ernest Rogers
Commissioner
Pat Westmorland
CommissionerATTEST:
/s/ Regina Gailey
Clerk, Board of CommissionersCertificate Of Adoption
I hereby certify that the foregoing is a true copy of the Ordinance passed at the regular public meeting of the Board of Commissioners of Banks County, Georgia, held on the 12th day of March, 2002.
/s/
Clerk, Board of Commissioners
Banks County, Georgia