Should any article, section, subsection, or provision of this ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this ordinance as a whole, or any part thereof other than the part so declared to be invalid or unconstitutional.

This ordinance shall apply to all subject matter that is regulated both by this and other ordinances, including, but not limited to, ordinances for the development and maintenance of land, and such other ordinances are hereby amended to reflect this. The mayor and city council may attach statements to such other ordinances to the effect that compliance with this ordinance is required by such other ordinances.

Whenever the provisions and requirements of this ordinance or of any rule, regulation, or order pursuant hereto are more restrictive than those under any other statute, law, rule, regulation, ordinance, or order of the city, the state, or the United States, the provisions and requirements of this ordinance, and the rules, regulations and orders pursuant hereto shall govern to the extent permissible by law. Whenever the provisions of any other statute, law, rule, regulation, ordinance, or order of the city, the state, or the United States are more restrictive than this ordinance, or any rule, regulation, or order pursuant hereto, then the provisions of such other statute, law, rule, regulation, ordinance, or order shall govern.

All ordinances, resolutions, and regulations regarding the zoning of land adopted prior to this zoning ordinance are hereby repealed.

No act or omission of the city, mayor and city council, or planning commission shall be an assurance or guarantee that the United States or any department or agency thereof, or the state or any department or agency thereof, or any other county or any municipality or any department or agency of any other county or of any municipality, has taken, is taking, or will take any action or has made, is making, or will make any omission. No act or omission of the city, mayor and city council, or planning commission shall be construed as the rendering of advice or an opinion as to the status of legal requirements, policies, acts, or omissions of any of the other aforesaid entities.

The mayor and city council may serve or cause to be served copies of this ordinance upon any persons believed to be owners or operators of facilities or activities subject to this ordinance.

Notwithstanding provisions elsewhere in this ordinance, the following are declared to be crimes:

a)

It shall be unlawful to engage in any activities in violation of applicable requirements, rules, regulations, permit conditions, and orders established under this ordinance.

b)

It shall be a criminal violation of this ordinance to furnish false or materially incomplete or misleading information to the planning commission, or a lawful designee of the planning commission, on any application, investigation, or proceeding regarding this ordinance.

c)

Each day that a violation continues shall be deemed a separate offense. At the discretion of the presiding judge, a violator of this ordinance may be given a reasonable length of time to rectify or correct the violation.

d)

Jurisdiction over offenses under this ordinance shall be in the magistrate court of the county. Any person violating the terms of this ordinance or any permit condition, rule or regulation promulgated pursuant thereto, may be punished by fine of not less than $50.00 nor more than $500.00, or imprisonment in the county jail, not to exceed 60 days, or both.

Nothing in this ordinance shall prevent an adjacent or neighboring property owner who would be damaged by a violation, or any other person who would have standing to bring a civil action for damages, injunctive relief, to abate a nuisance, for a writ of mandamus, or other appropriate relief.

The governing authority taking action resulting in adoption of an amendment to this ordinance shall provide for a public hearing on the proposed action. At least 15 but not more than 45 days prior to the date of the hearing, the governing authority shall cause to be published within a newspaper of general circulation within the territorial boundaries of the city a notice of the hearing stating the time, place, and purpose of the hearing.

This ordinance shall take effect and be in force from and after January 12, 1998, the public welfare of the City of Chickamauga demanding.

Adopted January 12, 1998, as amended April 15, 1999; November 1, 1999; May 6, 2002; August 4, 2003; September 7, 2004, November 7, 2005; December 3, 2007; May 4, 2009; and June 1, 2009.