Pine Lake City Zoning Code

Any person violating any provision of this article, or any rule, order or regulation made pursuant to this article, shall, upon conviction thereof, be punishable as for committing a misdemeanor.

(Code 1986, § 3-1-5(VI))

The police department shall consist of those officers and employees of those ranks and positions as approved by the city council.

(Code 1986, § 3-1-1)

The department shall be responsible for patrol, traffic control, investigation of accidents, investigation of crimes, apprehension of offenders, court appearances, security of business establishments, and for any other matters of public safety and law enforcement as directed by the city council.

(Code 1986, § 3-1-2)

Under the direction of the mayor and council, the police chief shall maintain written rules and regulations for the operation of the police department as are necessary. Changes in the departmental rules and regulations shall be proposed in writing by the police chief. Such changes shall be submitted to the mayor and council for approval.

(Code 1986, § 3-1-3)

(a)

In the event of man-made or natural disaster, mass electrical failure, rioting, actual enemy attack upon the United States or any other emergency which may affect lives and property, the mayor may declare that a state of emergency exists by written order setting out the circumstances of the emergency and that portion of the city affected. Thereafter the mayor shall have and may exercise for any period as this state of emergency exists or continues, the following emergency powers:

(1)

To enforce all rules, laws and regulations relating to emergency management;

(2)

To seize, take for temporary use, or condemn any property for the protection of the public;

(3)

To sell, lend, give or distribute all or any property or supplies among the inhabitants of the city; to maintain a strict accounting of property or supplies distributed and for funds received for the property or supplies;

(4)

To declare a limited or general curfew as may be needed to restore public order;

(5)

To prohibit or regulate the possession, sale or use of explosives, gasoline or other flammable liquids, firearms, ammunition or dangerous weapons of any kind;

(6)

To close any business establishments necessary;

(7)

To perform and exercise any other functions and duties and take any emergency actions as may be necessary to promote and secure the safety, protection and well-being of the inhabitants of the city.

(b)

Upon a declaration of an emergency above, the city council shall immediately be called into session to perform any duties necessary.

(c)

The state of emergency and the resulting powers may be ended immediately upon a motion thereon being adopted by the city council or by an order of the officer declaring the emergency.

(d)

Otherwise, such emergency and the powers under this section shall lapse within 72 hours of the declaration unless another specific time period is provided in the declaration.

(Code 1986, § 3-1-4)

State Law reference— Orders, rules, and regulations made by political subdivision, O.C.G.A. § 38-3-28.

As used in this article, the term "emergency management" means the preparation for and the carrying out of all emergency and disaster functions other than those functions for which military forces or state and federal agencies are primarily responsible, to prevent, minimize and repair injury and damage resulting from emergencies, energy emergencies or disasters, or the imminent threat thereof, of man-made or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action or other causes. These functions may include, without limitation, fire-fighting services, police services, emergency medical and health services, rescue, engineering, warning services, communications, defense from the effects of radiological, chemical, biological and other special weapons to include weapons of mass destruction, evacuation of persons from stricken areas, emergency welfare services, consequence management functions to include victim services, emergency transportation, plant protection, shelter, temporary restoration of public utility services and other functions related to civilian protection, together with all other activities necessary or incidental to total emergency and disaster preparedness for carrying out the foregoing functions.

(Code 1986, § 3-1-5(I))

State Law reference— Definitions, O.C.G.A. § 38-3-3.

(a)

It is the desire and intent of the governing officials of the city that the city be a part of the county emergency management agency (DEMA).

(b)

Under the city's memorandum of understanding with DEMA, the city is a local emergency planning member and assists in developing an emergency management plan. The specific departments within the city serve as emergency support functions (ESF) within DEMA, as outlined in the DEMA emergency operation plan (EOP).

(c)

In the absence of the mayor, for all acts involving terrorism, suspect intervention, emergency rescue and management, staff protection, civil disobedience, public disorders, violation of state and local laws, concerns involving threats and/or damage to life or property full authority is bestowed on the chief of police.

(d)

In the absence of the mayor for the purposes of intervention, mitigation and protection of water resources full authority is bestowed on the city's director of administrations.

(Code 1986, § 3-1-5(II))

State Law reference— Municipality may form its own, participate with, or contract with the county for emergency management services, O.C.G.A. § 38-3-27(a)(1).

The county emergency management office shall be established around existing city and county departments and the emergency functions described in section 58-24 are assigned as follows:

(Code 1986, § 3-1-5(III))

In the event of a man-made or natural disaster, actual enemy attack upon the United States, or any other emergency which may affect the lives and property of the citizens, the mayor of the city, separately or jointly with the CEO, county commissioners and the county, or in their absences, their legally appointed successors, or any two members of the council may determine that an emergency or disaster exists and thereafter shall have and may exercise for such period as such emergency or disaster exists or continues, the following powers:

(1)

To enforce all rules, laws and regulations relating to emergency management, and to assume direct operational control over all emergency management resources;

(2)

To seize or take for temporary use, any private property for the protection of the public;

(3)

To sell, lend, give or distribute all or any such property or supplies among the inhabitants of the county and to maintain a strict accounting of property or supplies distributed and for funds received for such property or supplies; and

(4)

To perform and exercise such other functions and duties, and take such emergency actions as may be necessary to promote and secure the safety, protection and well-being of the inhabitants of the county.

(Code 1986, § 3-1-5(IV))

State Law reference— Powers of political subdivision during an emergency, O.C.G.A. § 38-3-54; local organization and emergency management, O.C.G.A. § 38-3-27(e).

All persons, other than officers and employees of the city performing emergency functions pursuant to this article, shall serve with or without compensation. While engaged in such emergency functions, duly assigned volunteers shall have the same immunities from liability as city officers and employees.

(Code 1986, § 3-1-5(V))

State Law reference— Immunity of emergency management workers and volunteers, O.C.G.A. § 38-3-35.

This article shall be construed liberally in order to effectuate its purpose.

(Code 1986, § 3-1-5(VII))

A copy of this emergency management ordinance will be attached to and become a part of the DeKalb County Emergency Management.

(Code 1986, § 3-1-5(VIII); Ord. No. 3-1-5, § VIII, 12-30-1991)

The minimum fire safety standards of the state and the fire prevention ordinances of the county, as adopted by the county board of commissioners, are hereby incorporated by reference herein and adopted as the ordinances of this city, and the county is hereby authorized to extend the services of the fire prevention bureau to the citizens of this city, and the personnel of said bureau are authorized to enforce said ordinances within the limits of this city, and are hereby made deputy marshals thereof. Copies of the fire safety standards and fire prevention ordinances shall be maintained on file in the office of the city clerk.

(Code 1986, § 3-2-1)

It shall be unlawful for any person to willfully, maliciously or mischievously interfere or tamper with any fire alarm box or any of the appliances or apparatus connected therewith, located within the corporate limits.

(Code 1986, § 3-2-2)

(a)

All new and existing dwellings shall have an approved smoke detector on each living area level and, where one or more bedrooms or sleeping areas are on a level, a detector shall be located not more than 15 feet from the doorway of each such bedroom or sleeping area.

(b)

Approved smoke detectors shall be installed in accordance with the manufacturer's instructions.

(c)

Smoke detectors in all new construction shall be installed prior to the issuance of any occupancy permit by the city for the occupancy of the dwelling.

(d)

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Approved smoke detector means a device for giving early warning upon the detection of smoke that is approved by Underwriter's Laboratory or Factory Mutual or other major testing laboratory and is capable of sensing particles of combustion and providing an audible alarm of a minimum of decibels.

Dwelling means and includes, but is not limited to, one- and two-family dwellings, duplexes and apartment units.

(Code 1986, § 3-2-3; Ord. of 2-10-1986)

State Law reference— Smoke detectors to be installed in new dwellings, dwelling units, and other facilities, O.C.G.A. § 25-2-40.