Pine Lake City Zoning Code

The city council shall by resolution annually appoint a municipal election superintendent, election managers, absentee ballot clerk and any other officials as are necessary, all of whom shall exercise those powers and duties set forth in the Georgia Election Code pursuant to O.C.G.A. § 21-2-1 et seq., as now or hereafter amended. In the event that a municipality fails to make an appointment, the city clerk shall serve as the municipal superintendent.

(Code 1986, § 2-2-1; Ord. No. 29-2005, § 2-2-1, 1-9-2006)

State Law reference— Powers and duties of superintendents, O.C.G.A. §§ 21-2-70, 21-2-70.1.

In the case of a general election, the municipal qualifying period shall commence no earlier than 8:30 a.m. on the last Monday in August immediately preceding the general election and shall end no later than 4:30 p.m. on the following Friday. In the case of a special election, the municipal qualifying period shall commence no earlier than the date of the call and shall end no later than 25 days prior to the election.

(Code 1986, § 2-2-3; Ord. No. 28-2005, 1-9-2006)

State Law reference— Filing notice of candidacy, O.C.G.A. § 21-2-132(d)(3).

The qualifying fees are to be set and published by the governing body not later than February 1 of any year in which a general primary, nonpartisan election or general election is to be held, and at least 35 days prior to the special primary or election, pursuant to O.C.G.A. § 21-2-131 et seq. Such fees, if any, shall be paid to the municipal superintendent at the time a candidate files his or her notice of candidacy.

(Code 1986, § 2-2-4; Ord. No. 101, 11-10-1969; Ord. No. O0009, § 2-2-4, 9-11-2000)

The polling place shall be as fixed from time to time by resolution of the city council and approved by the department of justice.

(Code 1986, § 2-2-5; Ord. No. 28-2005, 1-9-2006)

State Law reference— Polling places, O.C.G.A. § 21-2-265.

The person receiving a plurality of the votes cast for any city office shall be elected.

(Code 1986, § 2-2-6; Ord. of 1-9-2006)

The municipal court of the city shall be held at the city hall or a place designated by the court. Arraignments will be held on the first and third Thursday at 5:30 p.m. following the date the charge of violation of ordinance is made. Any trial necessary will be held on the third Thursday at 5:30 p.m. The judge of the court shall exercise full judicial power as to the change of time or location of trial.

(Code 1986, § 2-3-1; Ord. No. 47, 4-7-1947)

The judge shall have the power to assess each person convicted a court cost and the cost of transportation to and from jail, and other actual costs involved in the incarceration of the convicted person. The judge shall assess costs to each person that fails to appear in court. Cases that result in a warrant will be assessed a "warrant fee." The judge shall have the power to impose punishment according to the general penalties described in section 1-9. All fees and costs shall be as provided by law.

(Code 1986, § 2-3-2; Ord. No. 47, 4-7-1947; Ord. No. O001399, § 2-3-2, 10-11-1999)

State Law reference— Sentences by municipal courts, O.C.G.A. § 36-32-5; general penalties, O.C.G.A. § 36-35-6(a).

All funds from court costs and fines of all cases in the municipal court of the city shall go into the general fund of the city, except for fines and surcharges required by law to be submitted to the state or the county.

(Code 1986, § 2-3-3; Ord. No. 47, 4-7-1947; Amd. of 4-9-1973; Ord. of 8-12-1991, § 2-3-3)

All fines in the municipal court shall be increased from time to time by the city council. Funds shall be forwarded to the proper authorities as provided by O.C.G.A. § 47-17-60.

(Code 1986, § 2-3-4; Ord. No. 47, 4-7-1947; Ord. No. 60, 5-8-1950; Ord. of 6-1-1953)

In the appointment of police officers to serve in the municipal court, all applications or applicants shall be recommended by the chief of police and police department and approved by the mayor. Such appointments shall be limited to not less than one day nor for more than one year, the expiration date of which is to be specified in the appointment or oath of office signed by police officer when sworn in by the mayor; and shall be revocable by the mayor at any time during that period. All such persons so appointed and sworn in shall be designated "police officers."

(Code 1986, § 2-3-5; Ord. No. 47, 4-7-1947; Amd. of 4-7-1958)

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

City officials or official, unless otherwise expressly defined, means the mayor, members of city council, municipal court judges (including substitute judges), city managers, assistant city managers, city clerks, deputy city clerks, whether such person is salaried, hired or elected, and all other persons holding positions designated by the city Charter, as it may be amended from time to time. The term "city official," unless otherwise expressly defined, includes individuals appointed by the mayor and city council to all city commissions, committees, boards, task forces or other city bodies unless specifically exempted from this section by the city council.

Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or deliberations of the council, board or commission, which can or may lead to a vote or formal action by that body.

Discretionary authority means the power to exercise any judgment in a decision or action.

Entity means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, receivership, trust or any other entity recognized by law through which business may be conducted.

Immediate family means spouse, mother, father, brother, sister, son or daughter of any city official.

Incidental interest means an interest in a person, entity or property which is not a substantial interest and which has insignificant value.

Remote interest means an interest of a person or entity, including a city official, who would be affected in the same way as the general public. The interest of a councilmember in the property tax rate, general city fees, city utility charges or a comprehensive zoning ordinance or similar decision is incidental to the extent that the councilmember would be affected in common with the general public.

Substantial interest means a known interest, either directly or through a member of the immediate family, in another person or entity when:

(1)

The interest is ownership of five percent or more of the voting stock, shares or equity of the entity or ownership of $5,000.00 or more of the equity or market value of the entity;

(2)

Funds received by the person from the other person or entity either during the previous 12 months or the previous calendar year equaled or exceeded $5,000.00 in salary, bonuses, commissions or professional fees or $5,000.00 in payment for goods, products or nonprofessional services, or ten percent of the recipient's gross income during that period, whichever is less;

(3)

The person serves as a corporate officer or member of the board of directors or other governing board of the for-profit entity other than a corporate entity owned or created by the city council; or

(4)

The person is a creditor, debtor or guarantor of the other person or entity in an amount of $5,000.00 or more.

(5)

The direct or indirect ownership of more than 25 percent of the assets or stock of any business as defined by O.C.G.A. § 45-10-20(11).

(6)

An interest in real property is an equitable or legal ownership with a market value of $5,000.00 or more.

(Code 1986, § 2-1-3(art. III))

Any persons violating any provisions of this policy are subject to:

(1)

Written and oral reprimand by the council, board, commission or committee of which said violator is a member;

(2)

Punishment according to the general penalties described in section 1-9;

(3)

Request for resignation by the council, board, committee or commission of which the violator is a member.

Each council, board, commission or committee shall have authority to establish rules and regulations to impose said penalties.

(Code 1986, § 2-1-3(art. VIII))

(a)

The amount of compensation for each councilmember shall be set annually through the approved budget process, for services rendered on behalf of the city.

(b)

The amount of compensation for the mayor shall be set annually through the approved budget process, for services rendered on behalf of the city.

(c)

Reimbursement for expenses incurred by said elected officials in the discharge of their duties shall be set according to Internal Revenue Service regulations regarding vehicle mileage and other expenses approved by the council through the city budget process and policies established in the city finance department.

(Code 1986, § 2-1-1)

State Law reference— Salary for municipal employees, how fixed, O.C.G.A. § 36-35-4.

All standing committees shall be appointed by a majority vote of the council.

(Code 1986, § 2-1-2)

(a)

The public judges its government by the way public officials and employees conduct themselves in the post to which they are elected or appointed.

(b)

All government, of right, originates with the people; is founded upon their will only; and is instituted solely for the good of the whole. Public officers are the trustees and servants of the people and are at all times amenable to them pursuant to Ga. Const. art. 1, § 2, ¶ 1.

(c)

The people of this state have the inherent right of regulating their internal government. Government is instituted for the protection, security, and benefit of the people; and at all times they have the right to alter or reform the same whenever the public good may require it pursuant to Ga. Const. art. 1, § 2, ¶ 2.

(d)

The people have a right to expect that every public official will conduct himself or herself in a manner that will tend to preserve public confidence in and respect for the government he or she represents.

(e)

Such confidence and respect can best be promoted if every public official, whether paid or unpaid, and whether elected or appointed, will uniformly:

(1)

Treat all citizens with courtesy, impartiality, fairness and equality under the law; and

(2)

Avoid conflicts between their private self-interest and the public interest.

(Code 1986, § 2-1-3)

State Law reference— Code of ethics as it pertains to state public officials, O.C.G.A. § 45-10-1 et seq.

(a)

It is the policy of the city that the proper operation of democratic government requires that public officials be independent, impartial and responsible to the people; that governmental decisions and policy be made in proper channels of the governmental structure; that public office not be used for personal gain; and that the public have confidence in the integrity of its government. In recognition of these goals, a code of ethics for all city officials is adopted.

(b)

This code of ethics has the following purposes:

(1)

To encourage high ethical standards in official conduct by city officials;

(2)

To establish guidelines for ethical standards of conduct for all such officials by setting forth those acts or actions that are incompatible with the best interest of the city;

(3)

To require disclosure by such officials of private financial or other interest in manners that affect the city; and

(4)

To serve as a basis for disciplining those who refuse to abide by its terms.

(c)

The provisions of this section shall not apply to political contributions, loans, expenditures, reports or regulation of political campaigns or the conduct of candidates in such campaigns.

(Code 1986, § 2-1-3(art. I))

State Law reference— Conflicts of interest, policy and purpose as it pertains to state officials, O.C.G.A. § 45-10-21.

The provisions of this code of ethics shall be applicable to all members of the city council, all advisory commissions and committee members, all commissions, committees, authorities and other groups appointed by the council or the mayor.

(Code 1986, § 2-1-3(art. II))

(a)

No councilmember or member of any board or commission shall use such position to secure special privileges or exemptions for such person or others, or to secure confidential information for any purpose other than official responsibilities.

(b)

No councilmember or member of a board or commission, in any matter before the council, board or commission in which he or she has a substantial interest, shall fail to disclose for the common good for the record such interest prior to any discussion or vote.

(c)

No councilmember or member of a board or commission shall act as an agent or attorney for another in any matter before the city council or any board or commission.

(d)

No councilmember or commissioner shall directly or indirectly receive, or agree to receive, any compensation, gift, reward or gratuity in any matter or proceeding connected with, or related to, the duties of his or her office except as may be provided by law.

(e)

No councilmember or member of any board or commission shall enter into any contract with the city except as specifically authorized by state statutes. Any councilmember or member of a board or commission who has a proprietary interest in an agency doing business with the city shall make known that interest in writing to the city council and the city clerk.

(f)

All public funds shall be used for the general welfare of the people and not for personal economic gain.

(g)

Public property shall be disposed of in accordance with state law pursuant to O.C.G.A. § 36-37-6.

(h)

No city official shall solicit or accept other employment to be performed or compensation to be received while still a city official or employee, if the employment or compensation could impair judgment or performance of city duties.

(i)

If a city official accepts or is soliciting a promise of future employment from any person or entity who has substantial interest in a person, entity or property which would be affected by any decision upon which the official might reasonably be expected to act, investigate, advise, or make a recommendation, the official shall disclose the fact to the board or commission on which he or she serves or to his or her supervisor and shall take no further action on matters regarding the potential future employer.

(j)

No city official shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.

(k)

No city official or employee shall grant or make available to any person any consideration, treatment, advantage or favor beyond that which it is the general practice to grant or make available to the public at large.

(Code 1986, § 2-1-3(art. IV))

State Law reference— Code of ethics as it pertains to state officials, O.C.G.A. § 45-10-3.

A city official may not participate in a vote or decision on a matter affecting a person, entity or property in which the official or employee has a personal interest; in addition, a city official or employee who serves as a corporate officer or member of the board of directors of a nonprofit entity may not participate in a vote or decision regarding funding by or through the city of the entity.

(Code 1986, § 2-1-3(art. V))

State Law reference— Voting prohibited when personally interested, O.C.G.A. § 36-30-6; conflicts in zoning actions, O.C.G.A. § 36-67A-1 et seq., conflicts of interest as it pertains to state public officials, O.C.G.A. § 45-10-22.

This code of ethics shall not be construed to require the filing of any information relating to any person's connection with, or interest in, any professional society or any charitable, religious, social, fraternal, educational, recreational, public service, civil or political organization, or any similar organization not conducted as a business enterprise or governmental agency, and which is not engaged in the ownership or conduct of a business enterprise or government agency.

(Code 1986, § 2-1-3(art. VI))

Regular meetings of the city council are held at the city hall or at such other place as may be designated, on the second Tuesday and last Tuesday of each month at 7:00 p.m. To the extent not prohibited by law, such meetings may be held in person or virtually.

(Code 1986, § 2-1-11; Ord. No. 2020-09, § 1, 10-27-2020)

(a)

The order of business for council meetings shall be as follows:

(1)

Call to order;

(2)

Announcements and communication;

(3)

Adoption of the agenda;

(4)

Adoption of the minutes;

(5)

Public comment;

(6)

Unfinished business;

(7)

New business;

(8)

Public comment;

(9)

Reports of departments;

(10)

Reports of mayor and council;

(11)

Other communication;

(12)

Adjournment.

(b)

If the city council directs any matter to be the special business of a future meeting, that matter shall have precedence over all other business at that future meeting.

(c)

No proposition shall be entertained by the city council until it has been seconded, and every proposition shall, when required by the mayor or any member, be reduced to writing.

(Code 1986, § 2-1-13; Amd. of 9-12-1994, § 2-1-13(14); Amd. of 3-11-1996, § 2-1-13(15); Ord. No. 2022-05, §§ 1, 2, 12-13-2022)

Except as otherwise provided by ordinance, the procedures of the city council shall be governed by the most current edition of Robert's Rules of Order.

(Code 1986, § 2-1-14)

The previous question may be called at any time by a majority of the members present. The ayes and nays may be called for by any member.

(Code 1986, § 2-1-15)

(a)

When a question is under consideration no motion shall be received except as follows:

(1)

To lay on the table;

(2)

To postpone to a time certain;

(3)

To postpone indefinitely;

(4)

To refer to a committee;

(5)

To amend;

(6)

To strike out or insert; or

(7)

To divide.

(b)

Motions for any of these purposes shall have precedence in the order named.

(Code 1986, § 2-1-16)

A motion to adjourn shall always be in order and shall be decided without debate.

(Code 1986, § 2-1-17)

(a)

Domestic partnerships shall be defined in this section as relationship where two people, whether of the same gender or of different genders, who are not married under the laws of the State of Georgia or the United States, but who live together in a mutually beneficial and intentional relationship with the stated intent of creating a single home.

(b)

The city shall maintain a registry of all persons who have filed with the city the application required to have their relationship recognized by this section.

(c)

The city manager shall create a form to be used by the applicants for recognition of their relationship that must be signed, and notarized, by both partners.

(d)

An application fee of $5.00 shall be paid at the time ofthe application to defray the costs of supplies and staff time in managing this process.

(e)

The registry of persons and relationships recognized by the city shall be maintained by the city clerk or their designee in the official records of the city.

(Ord. No. 2025-01, § 1, 1-28-2025)

In addition to the duties of the city clerk under the city Charter, the city clerk shall perform the following duties:

(1)

Be the custodian of the city seal and affix its impression on documents whenever required;

(2)

Preserve the codes, records and documents belonging to the city and maintain a proper index to all records and documents;

(3)

Receive all money due the city, including taxes, licenses and fees, and pay out the same only upon orders of the city council; and

(4)

Perform any other duties as may be required by the city council.

(Code 1986, § 2-4-1)

The city attorney shall be the legal advisor and representative of the city and in that capacity shall:

(1)

Prepare ordinances when so requested by the city council;

(2)

Prepare for execution all contracts and instruments to which the city is a party when so requested and approve, as to form, all ordinances, bonds and city contracts; and

(3)

Render any other legal services as may be required by the city council.

(Code 1986, § 2-4-2)

(a)

The following departments of the city are hereby established:

(1)

Administration;

(2)

Finance;

(3)

Municipal court records;

(4)

Parks;

(5)

Public buildings; and

(6)

Streets, bridges and drainage.

(b)

All departments shall be under the administrative direction of the mayor. The mayor shall be assisted by a director of administration, who shall supervise the operation of the administration, finance, parks, public works, and municipal court records departments, and by a chief of police, who shall supervise the operation of the police department.

(c)

The duties of the various committees shall be as specified from time to time by the council.

(Code 1986, § 2-4-3; Amd. of 3-11-1996, § 2-4-3(b))

It is hereby declared to be the policy and purpose of the city to extend at the earliest date possible under the agreement entered into by the state and the federal security administration, to the employees and officials thereof, and its instrumentalities, not excluded by law or by this division, the benefits of the system of old age and survivors insurance as authorized by the Federal Social Security Act, the state enabling act, and amendments thereto. In pursuance of said policy, and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations.

(Code 1986, § 2-4-11; Ord. No. 92, 1-1-1962)

State Law reference— Providing benefits to municipal employees, O.C.G.A. § 36-35-4.

The mayor or other chief executive officers of the city are hereby authorized and directed to execute all necessary agreements and amendments thereto with the employees' retirement system of the state (O.C.G.A. § 47-2-1 et seq.) for coverage of said employees and officials as provided for in section 2-209 hereof, to include any employees that are in positions covered by a public retirement system, in the manner by said law provided namely, firefighters whose positions are covered under the state firemen's pension fund (O.C.G.A. § 47-7-1 et seq.).

(Code 1986, § 2-4-12; Ord. No. 92, 1-1-1962)

State Law reference— Political subdivisions may submit plan for extending benefits, and may contribute funds, O.C.G.A. § 47-18-41(a), (c).

Withholdings from salaries or wages of employees and officials for the purpose provided for in section 2-209 hereof are hereby authorized to be made in the amounts and at such times as may be required by applicable state or federal laws or regulations, and shall be paid over to the state agency.

(Code 1986, § 2-4-13; Ord. No. 92, 1-1-1962)

There shall be appropriated from city funds such amounts at such times as may be required by applicable state or federal law or regulations for employer's contributions, administrative expenses and a guaranty fund to ensure that the state will not incur any debt or loss as a result of the agreement referred to in section 2-210. Such funds shall be paid over to the employees' retirement system of the state (O.C.G.A. § 47-2-1 et seq.) in accordance with regulations established by said agency.

(Code 1986, § 2-4-14; Ord. No. 92, 1-1-1962)

The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations.

(Code 1986, § 2-4-15; Ord. No. 92, 1-1-1962)

State Law reference— Local governments under the Georgia Records Act, O.C.G.A. § 50-18-99; maintenance of public records, O.C.G.A. § 45-6-1 et seq.

There is hereby excluded from this division any authority to make any agreement with respect to any position, or any employee or official not authorized to be covered by applicable state or federal laws or regulations.

(Code 1986, § 2-4-16; Ord. No. 92, 1-1-1962)