Pine Lake City Zoning Code

Any person peddling, soliciting or canvassing within the city shall be required to register and obtain an identification card as provided by this article.

(Code 1986, § 7-3-1)

Any person desiring to peddle, solicit or canvass within the city shall:

(1)

Provide proof of a peddling license issued by judge of the probate court of the county;

(2)

Pay to the city clerk or his or her designated representative a registration fee as fixed from time to time by the city council; and

(3)

Make application with the chief of police for an identification card which shall show payment of the registration fee and the days that the registrant has registered to peddle, solicit or canvass within the city.

(Code 1986, § 7-3-2)

Each registrant shall at all times while in the city have upon his or her person the registration card and shall exhibit the same when requested to do so by any law enforcement officer of by any municipal authority and by any person being solicited. Possession of this registration card shall not in any way represent an endorsement or approval of any products or project by the city.

(Code 1986, § 7-3-3)

(a)

It shall be unlawful for any person to peddle, canvass or solicit after sundown.

(b)

It shall be unlawful for any person to peddle, canvass or solicit without having registered with the city clerk in accordance with this article or to peddle, solicit or canvass without having on his or her person and in his or her possession an identification card issued in accordance with this article.

(c)

It shall be illegal to solicit on private property where there is a "no solicitation" sign.

(Code 1986, § 7-3-4)

It is unlawful for any person who operates a billiard parlor or poolroom in the city to allow any person under the age of 16 years of age to enter billiard parlors or poolrooms in the city, unless accompanied by a parent or guardian.

(Code 1986, § 7-4-4)

It shall be unlawful for any person to:

(1)

Post any bills or other advertising matter on any place where he or she has not secured the permission of the owner or manager of the property to do so.

(2)

Place or cause any commercial handbill to be placed within or upon, or under the windshield wiper of any private automobile parked upon any of the public streets or in any public parking area. This shall not preclude the delivery of any handbill to an owner, occupant or person present and in charge of a vehicle willing to accept and receive the handbill.

(3)

Post any bills or other advertising matter upon any permanent or temporary structure or building, pole or tree located on any street, park or public way without first obtaining a permit therefore from the city clerk.

(Code 1986, § 7-4-5)

It shall be unlawful for any person to participate in, conduct or accompany any organized parade or procession, other than a funeral procession, on the public streets, sidewalks or other public property in the city unless an application has been previously filed and a permit granted to conduct such parade or procession within the city.

(Code 1986, § 7-4-1)

An application for permit to conduct or sponsor a parade or procession shall be filed with the chief of police in writing and shall contain the following information furnished by the person in official charge of the proposed parade or procession:

(1)

The name of all organizations or persons organizing or sponsoring the parade or procession;

(2)

The purpose of the parade or procession;

(3)

The date and hours of the parade or procession;

(4)

The proposed route of the parade or procession, and its beginning and termination points;

(5)

The number and types of vehicles, marching units and floats to be used in the parade or procession; and

(6)

The number of persons participating in the parade or procession.

(Code 1986, § 7-4-2)

The chief of police shall investigate all applications for parade permits, and may issue permits where the information specified in section 38-73 has been furnished, provided the proposed parade or procession is otherwise lawful and can be held without undue interference with vehicular and pedestrian traffic within the city, of which circumstances the chief of police shall exercise his or her discretion. A denial of a parade permit may be appealed to the council.

(Code 1986, § 7-4-3)

(a)

It is the public policy of the State of Georgia to market the state as a location for media productions, recognizing the economic impact this industry provides, as well as the tourism it generates for local jurisdictions, such as the City of Pine Lake. The city is fortunate to have a diverse character and natural resources attractive to movie and television productions in the city.

(b)

Despite the many positive benefits a media production may offer, certain inconveniences may result if the production company and city cannot work in concert to assure minimum standards are met and to assure a thoroughly planned production schedule is followed. These concerns are best addressed through a regulatory permit.

(Ord. No. 03-2016, § 1, 12-12-2016)

The permit required by this chapter shall be required for all movies, television or video series, pilots, feature films and documentaries, commercials, music videos, infomercials and public service announcements, whether the final product is intended for commercial use or not, unless the activity shall wholly occur on private property within an otherwise licensed facility (such as a film or television studio). Still photography shall by subject to the requirements of the permit required by this chapter when such photography results in obstruction of one or more streets, use of heavy equipment or use of public facilities in a manner that public access to those facilities is impaired. Any media production on public property, intended to be closed to participation by the public, or restricting access to public property or facilities normally accessible by the public, shall require a permit. For purposes of this chapter, media production activity shall include areas designated for parking of trucks and equipment on public or private property, base camps used during the production activity, and food service areas. No public highway, street or road shall have its public access restricted or limited except by a permit issued pursuant to this chapter.

(Ord. No. 03-2016, § 1, 12-12-2016)

(a)

No media productions shall occur in the city without a permit therefor first having been obtained. The permit required by this chapter is allowed with conditions in all zoning districts. Whenever a permit is sought for activities in primarily residential neighborhoods, extra consideration shall be given to the conditions imposed to ameliorate as much as possible inconvenience to city residents.

(b)

Two classifications of media production permits are allowed:

(1)

Low-impact activities are generally those activities having an intended duration of no more than 14 consecutive days, with little or no disruption to normal and customary use of the site and adjacent and nearby properties and uses; and

(2)

High-impact activities are generally those activities having an intended duration of 15 or more consecutive days, and which otherwise do not comply with the low-impact standards of this chapter, and/or activities of any duration that will likely disrupt normal and customary use of the site and adjacent and nearby properties and uses. Any filming involving automobile crashes or chases, gunfire, pyrotechnics, explosives, the use of aircraft, stunts, and similar activities are examples of high-impact activities.

(c)

All applications shall be made in writing on forms provided by the city. Applications shall be submitted in duplicate originals. No application shall be deemed accepted unless accompanied by payment of the requisite application fee in US funds.

(d)

Every application shall state the name and contact information of a responsible representative of the applicant, who shall be available at all times during actual production activity within the city and for a period of not less than one year thereafter. More than one point of contact may be specified.

(e)

The application shall contain a detailed narrative of the scope of production activities, and include drawings, maps or plats to illustrate locations, property boundaries, existing material improvements, planned temporary improvements, curb cuts and driveways, adjoining streets, traffic patterns, and similar information helpful to assess the impact of the proposed activity.

(f)

When activity is to occur in or near residential areas, personal notice of intent to secure a permit and the place, date and time of the proposed media activity shall be provided by the applicant, within five days of filing the application. To the extent feasible, written acknowledgment of the notice shall be obtained from the resident or resident's agent. For purposes of the section, all residential properties within 500 feet of the outside boundaries of the location where production activity is to occur shall be notified.

(g)

A signed indemnification and hold harmless agreement, in a form acceptable to the city attorney, shall accompany the application, together with a certificate of insurance naming the city as an additional insured. The minimum limits of insurance coverage shall not be less than $1 million per occurrence.

(h)

All applications shall be filed with the city administrator, or her designee, who may require such additional information as needed to assess the proposed extent and intensity of the production within the city.

(i)

All applications shall be approved with specific terms and conditions, or denied, by the city administrator, or her designee, in writing. If approved, the city shall issue a permit to the applicant, in writing, with all terms and conditions clearly set forth therein. Low-impact activity applications shall be approved or denied within 10 business days of a complete application, and high-impact activity applications shall be approved or denied within 20 business days of a complete application. If the application is denied, the city Administrator, or her designee, shall state, in writing, the reasons for denial. An aggrieved applicant may appeal to the Mayor and city council at the next regular meeting occurring more than five (5) days following receipt of a written denial.

(j)

Permits may be denied, in whole or in part, due to prior scheduled events or activities sanctioned or permitted by the city under other provisions of this code. In addition to denial of permits not meeting standards of this chapter, the city reserves the right to deny any permit that it deems detrimental to the peace or security of residents of the city.

(k)

Any material variation from the approved scope of work permitted shall be grounds for permit revocation, unless the permit is modified in advance by the permittee.

(Ord. No. 03-2016, § 1, 12-12-2016)

The following standards apply to all media productions permitted by the city:

(1)

Prior to making application for a permit, the applicant shall meet with the mayor, city administrator and chief of police, or their designees, to review locations and the general scope of activities planned during the production. A copy of the script shall be made available, upon request, to allow city officials to better understand the applicant's needs.

(2)

No tents, temporary sanitary facilities, trash collection or food service facilities shall be located within 100 feet of the property line of any property used for residential use, unless the owner or tenant in charge of such property gives written consent.

(3)

Tents, depending on their square footage, and other temporary structures may require a separate building permit from the city; any food preparation or food service provided at the location shall require a food service permit from the county health department, or evidence of exemption.

(4)

Lighting for filming shall be oriented away from adjacent or nearby properties to the extent possible and shall not interfere with the safe movement of vehicular traffic.

(5)

Temporary signage shall be approved by the city administrator, or her designee, in writing, in advance, prior to erection; approval of temporary signage is conditioned upon restoration of permanent signage following completion of media activity.

(6)

No regulatory traffic control signage within a public right-of-way shall be removed without the prior written consent of the chief of police.

(7)

No modification to any existing traffic signage, streetlight, traffic control device or other officially installed facility or improvement shall be made without prior consent of the chief of police.

(8)

No street, road, alley, or sidewalk shall be closed, barricaded or other obstruction erected within a public right-of-way, and no access shall be denied or restricted to public or private property or facilities unless the closure or restriction is approved as a condition of the permit; reasonable alternative access shall be arranged whenever possible.

(9)

No trees, vegetation (including grasses), or ornamental shrubs shall be cut or removed from public property without prior written consent of the city in the permit, based upon an agreed landscape restoration plan. A land disturbance permit may be separately required, depending upon the nature and extent of the activity.

(10)

The applicant shall submit to the chief of police a traffic management plan to address traffic flow in the vicinity of the location where production activity is to occur, even if normal traffic flow is not to be obstructed or interrupted. Detours shall be determined and approved by the chief of police. Temporary traffic control devices and signage as required by the Manual on Uniform Traffic Control Devices shall be provided at the sole expense of the applicant. The city fire marshal shall also review and approve such plan.

(11)

The City of Pine Lake shall be listed in the production credits for all permits issued.

(12)

The city will not intervene on behalf of any permittee or negotiate access rights to private property with property owners; the permittee is expected to deal directly with private property owners for required permission and consent.

(Ord. No. 03-2016, § 1, 12-12-2016)

In addition to the general standards, the following minimal standards shall be met in order to be permitted as a low-impact activity. Due to the varying requirements of media productions and the nature of the industry, the standards are not intended to be all inclusive, and additional conditions may be reasonably imposed, as warranted, to minimize anticipated adverse effects.

(1)

No permit shall be effective for more than 14 consecutive days from its date of issuance. Permits may be extended by the city administrator, for reasonable cause, provided a daily filming fee shall apply. A single application shall include all locations for the same production within the city. Application shall be made no less than 10 business days prior to the first scheduled event or day of filming. The permit shall be maintained on location, at all times for production activities occurring and shall be shown to city inspectors upon request.

(2)

Normal hours of activity shall be 7:00 a.m. to 10:00 p.m. daily; all preparation and wrap up shall occur within one hour of this time frame. Noise shall be kept to a minimum.

(3)

No street closure, obstruction or interference with normal traffic flow, including pedestrian use of public rights-of-way, shall occur, including use of on street parking spaces or parking and alleys or side streets, except as allowed by permit.

(4)

Facilities and locations for base camp, food service, and parking shall be approved as a condition of the permit; any other required permits shall be obtained prior to issuance of the permit required by this chapter.

(Ord. No. 03-2016, § 1, 12-12-2016)

In addition to the general standards, the following minimum standards shall be met in order to be permitted as a high-impact activity. Due to the varying requirements of media productions and the nature of the industry, these standards are not intended to be all inclusive, and additional conditions may be reasonably imposed, as warranted, to minimize anticipated adverse effects.

(1)

No permit shall issue for a term of less than 15 consecutive days from its date of issuance. The duration of the permit shall be based upon an agreed production schedule submitted by the applicant. Permits may be extended by the city administrator, for reasonable cause, provided a daily filming fee shall apply. A single application shall include all locations for the same production within the city. Application shall be made no less than 20 business days prior to the first scheduled event or day of filming. The permit shall be maintained on location, at all times while activity is occurring and shown to city inspectors upon request.

(2)

Normal hours of activity shall be 7:00 a.m. to 10:00 p.m. daily; all preparation and wrap up shall occur within one hour of this time frame. Noise shall be kept to a minimum; any activity occurring outside of the above hours involving planned noises in excess of 60 dB at a distance of 100 feet from the point of origin shall be addressed in the application. If activity is planned within 500 feet of a residential area outside the hours specified, or will involve noises in excess of 65 dB, notice shall be given by the best means available to residents as far in advance as reasonable.

(3)

Street closures, obstruction or interference with normal traffic flow, including pedestrian use of public rights-of-way, shall be detailed in the application, including any use of on street parking spaces and/or parking in alleys or side streets.

(4)

Facilities and locations for base camp, food service, and parking shall be approved as a condition of the permit; any other required permits shall be obtained prior to issuance of the permit required by this chapter.

(5)

Based upon the proposed scope of production activity and in consideration of any potential danger to the safety, health and welfare of the community, particularly private property and residents near the location, the chief of police and or fire marshal may require on-site security (qualified private security or use of off-duty law enforcement officers) and/or may require personnel and equipment be placed on standby for portions of the high-impact activity at the expense of the applicant. The application shall detail the planned time, place, and manner of any of the following production activities: pyrotechnics, demolition, discharge of firearms or other weapons, motor vehicle chases, physical stunts, and similar actions.

(Ord. No. 03-2016, § 1, 12-12-2016)

(a)

Application fees for low - impact activity permits shall be $100.00. Application fees for high - impact activity permits shall be $250.00. Application fees are nonrefundable and must be paid, in full, at the time of application.

(b)

Daily permit fees of $100.00 for each calendar day on which production activity physically occurs within the city shall be paid upon the last day of scheduled activity. If a production is scheduled for a duration in excess of a calendar month, the accrued daily fees shall be due and payable on the last day of each month in which production activity occurred.

(c)

Additional fees and charges may be assessed based upon specific requirements, including fees for the monitoring of public safety or special services by a city department, based upon labor, time and equipment necessary to provide the service. When using city-owned buildings or property other than public road rights-of-way, for production activities, the city's normal rental rates shall apply; in the absence of established rental rates, a separate rental fee may be negotiated.

(d)

Application fees and daily permit fees for use of city services or facilities may be reduced or waived for charitable or non-profit organizations holding a Section 501(c)(3) status from the I.R.S., or for other governmental agencies. All waivers shall require approved by the mayor.

(e)

Reduction or waiver of daily permit fees may be approved by the mayor and council for commercial productions providing a greater than normal economic benefit to the community, as determined on a case by case basis, in the sole discretion of the mayor and council.

(Ord. No. 03-2016, § 1, 12-12-2016)

(a)

The City of Pine Lake asserts the authority delegated to the city by O.C.G.A., section 25-10-2(d) for the purpose of allowing, under limited circumstances, the use of fireworks within the city park. The provisions of this ordinance are mandatory and apply to all use of fireworks within the city park.

(b)

The use of consumer fireworks, as defined by state law, shall be lawful in the city park between the hours of 9:00 p.m. and 10:00 p.m. on July 4, provided the person igniting such fireworks has first obtained a special use permit as provided by O.C.G.A., section 25-10-2(d).

(c)

Application for special use permit to discharge fireworks in the city park shall be made in person at city hall for each date such discharge is allowed pursuant to subsection (b) of this section. Incorporated entities wishing to discharge consumer fireworks in the city park may make application in their corporate name, provided they designate a responsible adult at least 18 years of age who will be responsible for the transportation to the park and ignition of the fireworks covered by the permit. All applicants and designated dischargers shall be responsible adults at least 18 years of age. All applicants and designated dischargers shall produce, at the time of application, photo identification as required by O.C.G.A., section 25-10-2. The fee for permits shall be $15.00 and paid at the time of application. Upon submission of an application and payment of the permit fee, the applicant shall be issued a receipt , which shall be taken to and produced at the police department to secure the permit. A maximum of ten permits shall be issued for each date, on a first come, first served basis. No application shall cover more than one date and/or one applicant.

(d)

State law prohibits any per son under the influence of alcoholic beverages or drugs from discharging fireworks. The police department shall enforce this provision throughout the city, including those fireworks discharged in the city park.

(e)

Fireworks shall be discharged in the city park only from those areas roped off for such discharge during allowable days and hours of discharge as indicated by subsection (b). Police officers shall monitor the entrance to the discharge area. Only person s holding a discharge permit and one assistant shall be permitted within the discharge area upon presentation of their permit and photo identification. All persons within the discharge area shall cooperate with one another to ensure all permit holders have an equal opportunity to discharge the fireworks covered by their permits. Fireworks discharged at the city park shall be pointed toward the lake and away from all persons.

(f)

Persons discharging fireworks in the city park shall be responsible for picking up all trash and debris associated with their activities and disposing of same in a safe, appropriate manner after all fireworks have been discharged.

(g)

Permit holders remain legally responsible for fireworks discharged by them and shall, as a condition of permit issuance, indemnify the city, its officers and employees from injury or property damage resulting from their discharges .

(h)

No fireworks shall be discharged in the city park except as allowed by this ordinance. No fireworks shall be discharged on the public streets or sidewalks or other public property at any time.

(i)

The permit issued for fireworks discharge may be revoked on site by law enforcement officers for any violation of this ordinance or location restrictions established by the city, as well as failure to follow law enforcement directives. Any person violating the terms of this ordinance may be cited for such violation, and upon conviction, shall be punished as for ordinance violations under the city's charter; provided that persons discharging fireworks at any location in the city, including the city park, while under the influence of alcoholic beverages or drugs shall be cited under state law and bound over to state court.

(Ord. No. 2018-01, §§ 1—9, 6-26-2018; Ord. No. 01-2019, §§ 1—9, 6-25-2019)

(a)

Definitions in article 5, section 5-3 of the City of Pine Lake Zoning Code are applicable in this article. For purposes of this article, "licensee" shall mean the short-term rental owner.

(b)

Before the processing or renewal of a short-term rental license shall commence all outstanding and past due fees, property taxes, and other bills and lawful assessments from the city or DeKalb County pertaining to the subject property must be paid in full or on a payment plan.

(c)

Applicants for a short-term rental license shall submit an application for a short-term rental license to the city manager. The application shall be accompanied by a non-refundable application fee in the amount of $100.00. Such application shall include:

(1)

Physical address of the short-term rental;

(2)

Name, physical address and, if different, mailing address, phone number and email address of the short-term rental owner;

(3)

Name, physical address and, if different, mailing address, phone number and email address of the short-term rental agent, which shall constitute such natural person's 24-hour contact information;

(4)

Short-term rental owner and agent's signed acknowledgement that they have reviewed this chapter and understands its requirements;

(5)

Short-term rental owner and agent's agreement to use best efforts to assure that use of the short-term rental will not disrupt the neighborhood, and will not interfere with the rights of neighboring property owners to the quiet enjoyment of their properties;

(6)

Any documentation required by O.C.G.A. § 50-36-1 and any other applicable state law; and

(7)

Any other information that this article requires the short-term rental owner or agent to provide to the City of Pine Lake as part of an application for a license. The city manager or their designee shall have the authority to obtain additional information from the applicant as necessary to achieve the objectives of this article.

(d)

The short-term rental owner applying for the license shall attach the following exhibits to the application described in this section:

(1)

Written rules posted in the short-term rental, including, but not limited to:

a.

Acknowledgement that it shall be unlawful to violate ordinances of the City of Pine Lake;

b.

Acknowledgement and agreement that violations of this article may result in immediate termination of the agreement and eviction from the short-term rental by the owner or agent, as well as the potential liability for payment of fines levied by the city; and

c.

Information about dates, methods and procedures applicable to trash and garbage pick-up.

(2)

Evidence that the short-term rental permit owner or agent has provided notification via certified United States mail to each adjacent property owner of their intent to secure a short-term rental license. This notification shall include the physical address and, if different, the mailing address of the unit to be used as a short-term rental and the name, physical address, mailing address, phone number and email address of the short-term rental owner and agent.

(e)

Each license is a limited, short-term license subject to annual renewal. Such license shall be applied for only after the property owner has received a special use permit for operation of the short-term rental.

(f)

No license issued under this article may be transferred, assigned or used by any person other than the one to whom it is issued, or at any location other than the one for which it has been issued. A license holder is not authorized to transfer the right to operate a short-term rental under any license issued pursuant to this article to any other person or entity by lease, sale, agreement, contract or any other means.

(g)

On any lot there shall be no more than two dwelling units available for short-term rental consisting of no more than the primary single family or duplex residential dwelling and one accessory dwelling to such single family or duplex residential dwelling. The short-term rental license will apply to the dwellings identified in the license application and may be granted for both dwellings on the lot if there are more than one.

(h)

A short-term rental owner may only hold a license applicable to one lot at any one time.

(i)

At any one time the number of licensed short-term rental units in the City of Pine Lake shall not exceed 20 dwelling units/five percent of the residential housing units in the City of Pine Lake according to the most recent United States Decennial Census. Where two short-term rentals are licensed on one lot, they shall each count as one. Once the prescribed limit has been reached, no additional short term rental licenses will be issued, and new licenses will only be available if an existing license is revoked or lapses.

(Ord. No. 2024-05, § 9, 8-27-2024)

(a)

The owner of a short-term rental shall designate a short-term rental agent on the application for a short-term rental license. A short-term rental owner may also serve as the short-term rental agent. A short-term rental owner may also serve as the short-term rental agent and may receive any notice from the city in addition to or in lieu of the agent.

(b)

The duties of the short-term rental agent shall be as follows:

(1)

Be available at all times to address any problems arising from use of the short-term rental;

(2)

Occupy a dwelling with DeKalb, Gwinnett, Fulton, Cobb, Clayton or Rockdale County at any time the short-term rental is occupied by guests;

(3)

Post such natural person's name and emergency contact phone number in a readily visible location in the short-term rental unit;

(4)

Receive and accept service of any notice of violation related to the use or occupancy of the short-term rental; and

(5)

Monitor the short-term rental for compliance with this article.

(Ord. No. 2024-05, § 9, 8-27-2024)

Review of an application shall be conducted by the city manager in accordance with due process principles and shall be granted unless the applicant fails to meet the conditions, regulations and requirements of this article or federal or state law or local ordinance related to operation of a short-term rental, or otherwise fails to demonstrate the ability to comply with local, state and federal law through operation of the proposed short-term rental. Any material false statement or misinformation provided in the application shall be grounds for revocation, suspension and/or imposition of penalties, including denial of future applications.

(Ord. No. 2024-05, § 9, 8-27-2024)

Each short-term rental license shall be for the calendar year unless otherwise specifically provided. The license shall be due and payable annually within 30 days of January 1st of each year and shall, if not paid by May 1st of each year, be subject to a penalty of ten percent of the tax or fee due. For any new short-term rental operating in the city before July of any year, the license shall be delinquent if not obtained immediately upon beginning business and a penalty imposed of $250.00 if not paid within 90 days from the date business is commenced. Any license not renewed prior to May 1st shall be suspended and may be revoked by the city manager.

(Ord. No. 2024-05, § 9, 8-27-2024)

(a)

Any license that has been issued by the city may be suspended, revoked or denied renewal for due cause as hereinafter defined. "Due cause," for purposes of this section shall include, but not be limited to:

(1)

Conviction (to include a plea of guilty or nolo contendre) by local, state or federal authorities of the short-term rental owner or agent for any felony, or any misdemeanor involving moral turpitude, or any law, regulation or ordinance involving tax law violations;

(2)

Any violation of this article by the short-term rental owner or agent;

(3)

Material falsification of any fact given in application for a license issued under this article or bearing upon the licensee's qualification therefor, or any act which may be construed as a subterfuge in an effort to circumvent any of the qualifications for a license under this article;

(4)

The licensed short-term rental owner or agent fails to properly account for, file, report and/or maintain any records and/or remit or pay any renewal license fee imposed, sales taxes, or excise taxes required under the city ordinances, state law or federal law; or

(5)

Conduct of the licensed business in such a manner as to require excessive police monitoring or response to preserve the public order and secure compliance with federal, state and local laws and ordinances, including in section 38-106(c) below.

(b)

With respect to this section, it shall be presumed that the act was done with the knowledge or consent of the owner or agent; provided, however, that such presumption may be rebutted only by evidence which precludes every other reasonable hypothesis save that such owner and agent did not know, assist or aide in such occurrence, or in the exercise of due diligence could not have discovered or prevented such activity.

(c)

The license shall be considered to be null and void, and to have lapsed if the licensed dwelling is not used as a short-term rental within 12 months of license issuance.

(Ord. No. 2024-05, § 9, 8-27-2024)

(a)

Action to suspend, revoke, or reject renewal shall be commenced by the city manager making written recommendation to the mayor and city council and giving written notice to the licensee, either by certified mail, return receipt requested, or by personal service upon licensee or such licensee's rental agent at the licensed location, stating the grounds therefor, and the date, time and place such matter will be heard by the mayor and city council. Notice shall be served at least ten business days prior to the date of the hearing. Included in the notice shall be an advisement of the licensee's right to be heard before the council. Any licensee requiring subpoenas to compel the attendance of city witnesses or documents at the hearing shall file a written request with the city clerk at least five business days prior to the hearing. Hearings may be continued for good cause only.

(b)

Hearings shall only be as formal as necessary to preserve order and shall be compatible with the principles of justice. The city attorney or their designee shall present the city's case and shall bear the burden of proving by a preponderance of the evidence that due cause exists to suspend, revoke or probate the license. The licensee may be represented by legal counsel, may confront and cross-examine witnesses, and shall have the right to call witnesses and present evidence in their behalf. A hearing record shall be maintained by the city; however, either party may arrange for transcription by a court reporter at their sole expense. Hearings shall be presided over by the mayor who shall preserve order and rule upon all matters of evidence. Irrelevant, immaterial and unduly repetitious evidence shall be excluded.

(c)

All final decisions to suspend, revoke, or place a licensee on probation shall be made by the mayor and city council, in writing, with the reasons therefore stated. Notice of a final decision shall be given the licensee within three business days following the date of the hearing.

(d)

Appeals from an action by the mayor and city council to revoke, suspend or probate a license pursuant to this chapter shall be in accordance with state law to the Superior Court of DeKalb County.

(Ord. No. 2024-05, § 9, 8-27-2024)

(a)

The owner of a short-term rental shall not be entitled to place any sign on the premises. A legible copy of the short-term rental license shall be posted within the unit and include the following information:

(1)

Name, physical and mailing address, phone number and email address of the short-term rental owner or agent;

(2)

Short-term rental unit license number; and

(3)

Maximum occupancy of the short-term rental.

(b)

The short-term rental owner shall notify the city manager of any change in rental agent within ten business days of such change.

(c)

The Pine Lake Police Department may notify the owner and agent of a short-term rental of all instances in which behavior of the rental guest(s) or the conduct of the short-term rental agent results in a citation for a code violation or other legal infraction. The Pine Lake Police Department may maintain a record of all violations of city code occurring at or relating to a short-term rental. When a short-term rental has accumulated three violations for the same within a 12-month period, the city may revoke any existing license and reject all applications for that particular short-term rental and the short-term rental owner for a period of 12 consecutive months. Short-term rental owners or agents shall be afforded an opportunity to appeal revocation of the license to mayor and city council. Each day a short-term rental is out of compliance with this ordinance shall be deemed a separate violation.

(d)

Except as provided herein, any person violating the provisions of the Code shall be punished as provided by section 1-9 of the City of Pine Lake Code of Ordinances. With respect to violations that are continuous with respect to time, each day the violation continues shall be deemed a separate offense.

(Ord. No. 2024-05, § 9, 8-27-2024)