09-06-1983 Regular Meeting (2)September 6, 1983
The regular meeting of Mayor and Council was held pursuant to the Charter on September
6, 1983 at Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m.
by presiding officer Mayor Arthur T. Bacon. All Council members were present. Also
present was City Attorney Charles E. Camp, City Clerk Willouise Spivey, Police Chief
R. E. Little, Assistant Public Works Director Vic Broyles, Parks & Recreation Director
Sherry Reavis, Assistant City Clerk Melinda Hiatt, Civil Defense Director Jim Farley,
Librarian Doris Morris, and representatives of the press.
Invocation was given by Jim Tolleson, followed by the pledge to the flag.
There were no citizen reports.
Validation of Signatures: Raymond D. Moon requested annexation of 43.4 acres in
Land Lots 671, 672 and 698 on Ridge Road. Attorney Camp read the application as
follows:
We the undersigned, who constitute sixty percent (60%) of the owners of the land
area by acreage of the area described below, which is unincorporated and contiguous
to the City of Smyrna, hereby apply to have said area annexed into the City of Smyrna
under the provisions of the Code of Georgia Annotated, Sections 69-904 through 69-912
(Georgia Laws, Acts 1966, Pages 409, 410, 411, 412, 413; 1971, 399; 1976, Pages 1011,
1012, said property to be annexed being described as follows, to wit:
All that tract or parcel of land lying and being in Land Lots 671, 672 and 698 of
he 17th District, 2nd Section, Cobb County, Georgia, being more particularly des-
cribed as follows:
BEGINNING at an iron pin set at the common corner of Land Lots 624, 625, 672 and
673; thence running along the west line of Land Lot 672 north a distance of 920.88
feet to an iron pin set on the southeasterly margin of the right of way of Ridge
Road (the aforesaid right of way having a right of way width of 50 feet at this point)
thence running along the southeasterly margin of the aforesaid right of way the fol-
lowing courses and distances: North 43 degrees 57 minutes 13 seconds east a distance
of 491.92 feet to a point; north 42 degrees 39 minutes 33 seconds east a distance
of 449.39 feet to a point; north 46 degrees 23 minutes 01 seconds east a distance
of 519.30 feet to a point; north 46 degrees 25 minutes 57 seconds east a distance
of 387.09 feet to a point; north 41 degrees 10 minutes 02 seconds east a distance
of 245.34 feet to an iron pin set; thence running south 28 degrees 37 minutes 06
seconds east a distance of 294.38 feet to an iron pin set; thence running north 46
degrees 07 minutes 54 seconds east a distance of 222.00 feet to an iron pin set;
thence running south 26 degrees 30 minutes 32 seconds east a distance of 96.93 feet
to an iron pin set; thence running south 47 degrees 03 minutes 54 seconds west a
distance of 382.00 feet to an iron pin found; thence running south 03 degrees 39
minutes 06 seconds east a distance of 153.30 feet to an iron pin found; thence running
south 06 degrees 50 minutes 15 seconds east a distance of 108.23 feet to an iron
pin found; thence running north 77 degrees 07 minutes 16 seconds west a distance
of 128.68 feet to an iron pin set; thence running south 69 degrees 56 minutes 44
seconds west a distance of 50.00/feet to an iron pin set; thence running south, 68
degrees 19 minutes 07 seconds we'st a distance of 140.96 feet to an iron pin found;
thence running south 09 degrees 48 minutes 13 seconds west a distance of 184.20 to
an iron pin found; thence running south 09 degrees 48 minutes 04 seconds west a dis-
tance of 60.73 feet to an iron pin found; thence running south 32 degrees 25 minutes
59 seconds west a distance of 90.48 feet to an iron pin found; thence running south
36 degrees 29 minutes 18 seconds west a distance of 89.63 feet to an iron pin set;
thence running south 26 degrees 12 minutes 56 seconds east a distance of 145.30 feet
to an iron pin set; thence running south 45 degrees 29 minutes 56 seconds east a
distance of 50.00 feet to an iron pin set; thence running north 44 degrees 13 minutes
34 seconds east a distance of 69.06 feet to an iron pin set; thence running south
25 degrees 07 minutes 03 seconds east a distance of 113.19 feet to an iron pin found;
thence running south 04 degrees 50 minutes 57 seconds west a distance of 125.20 feet
to an iron pin found; thence running south 02 degrees 41 minutes 57 seconds west
a distance of 74.20 feet to an iron pin found (said iron pin found at this point
sometimes hereinafter called "Point A"); thence running in a southwesterly direction
a distance of 25.80 feet more or less to the centerline of an unnamed creek, which
centerline of the unnamed creek is the southeasterly boundary of the herein described
property; thence running in a southwesterly direction along the centerline of the
unnamed creek a distance of 1,100 feet more or less to a point; which point is located
at the intersection of the centerline of the unnamed creek and the southern land
lot line of Land Lot 672 (the aforesaid centerline of the unnamed creek being paral-
leled by traverse lines on the following courses and distances: from Point A south
56 degrees 47 minutes 54 seconds west a distance of 96.90 feet to a point; south
41 degrees 36 minutes 15 seconds west a distance of 637.66 feet to a point; south
September 6, 1983 - Continued
26 degrees 52 minutes 42 seconds west a distance of 359.99 feet to Point B (as Point
B is hereinafter defined); thence running south 89 degrees 34 minutes 00 seconds
west along the southern land lot line of Land Lot 672 a distance of 20.97 feet more
or less to an iron pin set (said iron pin set at this point sometimes hereinabove
called "Point B"); thence running along the southern land lot line of Land Lot 672
south 89 degrees 34 minutes 00 seconds west a distance of 619.03 feet to an iron
pin set, said iron pin set being the point of beginning, containing 43.4 acres, more
or less; all as shown on that certain Boundary Survey for Raymond Moon dated May
20, 1983, revised June 14, 1983, prepared by Gaskins Surveying Co., John G. Gaskins,
Georgia Registered Land Surveyor No. 2060, which survey is hereby made reference
to and incorporated herein.
WHEREFORE, THE UNDERSIGNED HEREUNTO SET THEIR HANDS AND SEALS, AND THEREBY MAKE SAID
APPLICATION FOR ANNEXATION TO THE CITY OF SMYRNA.
Witness the signature of the record title holders of the fee simple title, or his
legal representative, of 60% of the land area above described by acreage: s/RAYMOND
D. MOON, PRES.
Max Bacon made a motion the signature be validated and the public hearing set for
October 3, 1983. Jack Shinall seconded the motion which carried 7-0.
Rezoning: John J. and Annette Lanning requested rezoning of 3471 South Cobb Drive
from Future Commercial to Limited Commercial. There was no opposition from the aud-
ience. Mrs. Lanning said they wanted to sell the property for a beauty shop, A
if not, would have a pet grooming business there. Jim Hawkins said his only concern
was that the plans showed the entrance from Oakdale Drive which is all residential.
Mrs. Lanning said at present that was the only driveway, but they would be willing
to have a curb cut on South Cobb Drive and close the one on Oakdale. Jim Hawkins
advised her to contact Mr. Broyles about an application for a curb cut and reminded
her that all the parking area must be asphalted and to also allow for required buf-
fers. Jim Hawkins made a motion the rezoning be approved. Sarah Jones seconded the
motion which carried 7-0.
The variance request for Highgate Manor Townhouses, Concord and Hurt Road to allow
for parking within the right of way was previously withdrawn.
Variance: Arby's, 2217 South Cobb Drive requested a variance on the front setback
line for an addition to the building. A spokesman from Arby's said the addition would
be for a dining area and would be 34 feet from the front property line instead of
the 50 feet required. There was no opposition from the audience and Elbert Coalson
made a motion the variance be approved. Sarah Jones seconded the motion which carried
6-1, with Max Bacon opposed.
Commercial Building Permits: Sarah Jones presented commercial building permits as
follows:
(1) Allen Howard requested a permit for construction of a radio transmission tower
on Corn Road at a total estimated cost of $87,000. Sarah Jones made a motion the
permit be approved subject to the approval of the City Engineer and Fire Marshal,
seconded by James Williams. Jim Tolleson asked about the height of the tower and
the possibility that it may exceed the maximum height allowed. After discussion,
Jack Shinall made a motion the permit be tabled to the next meeting. Jim Hawkins
seconded the motion which carried 7-0.
(2) A permit was requested for construction of a boot store at 2800 Hargrove Road
at a total estimated cost of $90,000. Sarah Jones made a motion the permit be approved
subject to approval of the Fire Marshal and City Engineer. Elbert Coalson seconded
the motion which carried 7-0.
(3) Jim Gray requested a permit for renovation at 3315-4 South Cobb Drive to be
used as tenant space at a total estimated cost of $9,000. Sarah Jones made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
Jim Hawkins seconded the motion which carried 7-0.
(4) Jim Gray requested a permit for renovation at 3315-5 South Cobb Drive to be
used as tenant space at a total estimated cost of $31,000. Sarah Jones made a motion
the permit be approved subject to approval of the City Engineer and Fire Marshal.
Elbert Coalson seconded the motion which carried 7-0.
(5) A building permit was requested for new construction at 2589 Spring Road for
construction of a laundromat and retail space at a total estimated cost of $229,000.
September 6, 1983 - Continue
Sarah Jones made a motion the permit be approved subject to approval of the City
Engineer and Fire Marshal. Jim Tolleson seconded the motion which carried 6-1, with
James Williams opposed.
(6) A building permit was requested for tenant space at 3268-D South Cobb Drive
at a total estimated cost of $21,000. Sarah Jones made a motion the permit be approved
subject to approval of the City Engineer and Fire Marshal. Elbert Coalson seconded
the motion which carried 7-0.
Set Millage Rater Jim Hawkins stated we have held off on setting the millage rate
for 1983-84 due to the reassessments by the county, which range from 6% to 35%. At
the present rate of 13.25 the City would have collected quite a bit of money over
what was budgeted. Due to the variation in assessments, it would be impossible to
lower the rate to give everyone the same reduction. The recommended rate is 11.50
which will cause a reduction in some tax bills, while others will still increase.
Jim said the older homes seemed to have the higher reassessments. Also, the 11.50
rate will be $13,600 less than what was projected in tax revenues for the new budget.
Jim Hawkins made a motion the millage rate for 1983-84 be set at 11.50. Jim Tolleson
seconded the motion.
Attorney Camp said he has had a lot of inquiries from citizens as to the effect of
the 1% Local Option Sales Tax. Mr. Camp said that if it passed, there will be a man-
datory rollback dollar for dollar on ad valorem taxes, every year, and not just the
♦first year it is in effect. This would have a drastic effect in reducing taxes to
"-each property owner. Vote on the motion carried 7-0.
Bid Opening: Bids for two pickup trucks for the Water Department were opened, read
and recorded as follows: -- -_- -_ --
Fouts Bros. Datsun 1984 truck $7,Q99 (30 day delivery)
1
John Bleakley Ford Ranger $8,290.28
F150 $9,693.11
Wade Ford 1984 F150 $8,118.35 ($7,900 no power steering)
1984 Ranger $6,640
Beaudry Ford 1984 model $6,535
$7,760.20 larger truck
Neal Pope Ford F150 $7,909.93 (6 week delivery)
1984 Ranger $6,467.98 (6 week delivery)
Peach State Ford No Bid
Capitol Truck Sales F150 $8,309.17
1983 Ranger $6,936.08
Jim Tolleson made a motion the bids be turned over to the Water Committee with their
recommendation back to full council. Jim Hawkins seconded the motion which carried
7-0.
Bid Opening: Bids for fire hose were opened, read and recorded as follows:
American Safety and Fire House, Inc.
800'
2.37
per
foot
= $1,896.00
400'
1.17
per
foot
= $468.00
Harolds Sales &
Service
800'
2.45
per
foot
= $1,960.00
400'
1.14
per
foot
= $456.00
McLarty Company
800'
2.45
per
foot
= $1,960.00
400'
1.13
per
foot =
$452.00
James Williams made a motion the bid be awarded to American Safety, being the low
bidder. Sarah Jones seconded the motion which carried 7-0.
Bid Opening: Bids on the removal or restoration of the water tower were opened,
read and recorded as follows:
September 6, 1983 - Continued
Atlantic Tank and Tower
Remove $17,875.00
Restore $13,360
Empire Paint and Repair
Remove $10,500
Restore $25,890
Rumsey Steeplejacks
Remove $7,950
Restore $19,325 (Spot prime, $10,225) (Interior, $7,600)
Jim Tolleson made a motion the bids be turned over to committee with their recommen-
dation back to full council at the next meeting. James Williams seconded the motion
which crried 7-0.
Bid Opening: Only one bid was received for the repairs to South Cobb Drive as fol-
lows:
Stewart Brothers $17,482.00 ($15,958 alternate)
Vic Broyles said the Department of Transportation was now demanding these repairs
be made, exactly to their specifications. Jack Shinall stated this is the second
time we have requested bids, and the first time there were no bids received. The
City has received $11,000 from the Governor's Emergency Fund for these repairs ani
Jack Shinall made a motion the bid be accepted, which meets State specifications.
Elbert Coalson seconded the motion which carried 7-0.
Request for Bids: Jim Hawkins stated that funds had been approved through the Commun-
ity Block Grant for paving three streets in his ward, and made a motion bids be re-
quested for curbing Medlin Street, McLinden Avenue & McCauley Street, to be returned
the first meeting in October. Max Bacon seconded the motion which carried 7-0.
Max Bacon read a letter from Charles F. Wood requesting permission to use a mobile
sales office at his new development, Paces Ferry North Townhomes. Max Bacon made
a motion approval be given for the sales and construction trailer, for 180 days from
this day. Jim Hawkins seconded the motion which carried 7-0.
Jack Shinall read a letter from Jack Thompson requesting permission to use a con-
struction trailer at the Oaks of Concord, 2950 Old Concord Road. Jack Shinall made
a motion approval be given for a 12 month period. Elbert Coalson seconded the motion
which carried 7-0.
Ordinance Amendment: Jim Tolleson made a motion that Section 11-20 of the Code be
deleted in its entirety and replaced with the following:
(b) It shall be unlawful for the owner, or any person having control or management,
of property within the City, to permit and allow the growth of grass, underbrush
or weeds on said property to a height greater than 12 inches above ground level.
If any such person shall fail or refuse to cut and remove weeds and undergrowth or
shall fail or refuse to clean up all such waste from such property within ten (10)
days after notice by the sanitation department, such person shall be punished as
provided in section 1-8.
James Williams seconded the motion. Attorney Camp said he felt the ordinance should
be more specific and felt it may be unconstitutional as it was worded. After further
discussion, Jack Shinall made a motion the amendment be tabled. Jim Hawkins seconded
the motion which carried 7-0.
Jim Tolleson made a motion that approval be given to purchase 500 garbage can liners,
100 garbage can units, 100 steps and 100 lids at a total cost of $13,900 to be paid
from the General Fund. Max Bacon seconded the motion which carried 7-0.
Jack Shinall read a letter from the Parks Department requesting approval to hang
a banner on Spring Road and Atlanta Road on September 16th, then moved to Bank and
Atlanta Road on September 21st to advertise their Fall Festival. Also, to close Bank
Street from Atlanta Road to King Street on September 25th from 8:30 a.m. to 6:30
p.m. Jack Shinall made a motion the request be approved. Jim Tolleson seconded the _
motion which carried 7-0.
Approval of Minutes: Elbert Coalson made a motion the minutes of August 1, 1983
be approved as submitted. Jim Hawkins seconded the motion which carried 7-0.
NON TRA( I IC CA'd
CONTEMPT OF COURT ................................... ...
$ 60.00
PUBLIC DRUNK (2ND OFFENSE S60.00. 01 I l N:,I. '1,H,1).WI)........
50`.00
ASSAULT ON'AN OFFICER .............. .........................
250.00
STARTING FIRE IN JAIL (PAY FOR DAP•1A(;F).......................
120.00
ANY OTHER DISORDERLY CONDUCT 1N JAIL .........................
60.00
VIOLATION OF"K,NIFE ORDINANCE ................. ...............
30.00
FIGHTING (IF DRUNK ADD $35.0►1) ..... I ........... ...... „
60.00
VIOLATION OF CITY LEASH LAW ...................................
30.00
ILLEGAL WHISKEY ...................................... .......
1.80.00
INTERFERING WITH AN OFFICER ..................................
120.00
DAMAGE TO CITY PROPERTY (PAY FOR DAMAGE) .....................
60.00
PROFANITY IN PUBLIC (IF DRANK ADD $35.00)....................
30.00
CONCEALED WEAPON .............................................
120.00
IDLING, LOITERING, OR LOAFING ................................
45.00
DISORDERLY CONDUCT- DISTURBANCE (IF DRUNK ADD $35.00)........
45.00
SHOOTING FIREWORKS, B.B. GUNS, ETC............ .................
45.00
GAMBLING......................................................
INDECENCY
120.00
180.00
....................................................
VIOLATION PAWN SHOP CODE (SEC. 14-15.1 THRU 14-74)...........
150.00
VIOLATION PEDDLERS AND SOLICITORS CODE (SEC. 17-1 THRU 17-21)
150.00
SIMPLE BATTERY SEC. 15-4).....................................
150.00
ALCOHOLIC BEVERAGES TO MINORS (SEC. 3-63 THRU 3-66)..........
180.00
THEFT BY TAKING AND SHOPLIFTING (SE(:,. 15-33 & 15-34..........
180.00
itIt 41STATE LAW 26-1802.1
180.00
STATE CASES
AGGRAVATED ASSAULT (SEC. 26-1302)...........................
1200.00
BURGLARY (SEC. 26-1601...................................
1200.00
CRIMINAL TRESPASS (DAMAGE TO PRIVATE PROPERTY)(SEC.26-1503).
180.00
FALSE REPORT OF A CRIME (SEC. 26-2509)......................
240.00
FORGERY 15T DEGREE (SEC. 26-1701)......................
360.00
FORGERY 2ND DEGREE (SEC. 26-1702).........................
240.00-
OBSTRUCTION OF AN OFFICER (SEC. 26-2505)....................
200.00
VIOLATION GA. CONTROLLED SUBSTANCE ACI- (SI:C. /9A-811)
AND 79A-812, and 79A-811.1).................................
240.00
FALSE INFORMATION TO AN OFFICER (SEC 26-2506)...............
240.00
'TAMPERING WITH EVIDENCE .....................................
360.00
TERRORISTIC THREATS (SEC. 26-1307).- ..............._..........
360.00
AFFRA77SEC. 26-2603 ........� .......... - . .^ .........
DISORDERLY HOUSE (IF DRUNK, DOLj5LE 1T)
60.00
......................
45.00
VIOLATION OF FAMILY VIOLENCE LAW 27-207.....................
120.00
PARKING VIOLATIONS
f
PARKING OVE-ATIME IN LIMITED AREA
PARKING ON LEFT SIDE OF STREET
BLOCKING DRIVEWAY
PARKING ON SIDEWALK
PARKING TOO FAR FROM CURB
PARKING IN CROSSWALK
PARKING IN RESTRICTED AREA (FIRE LANE, ETC.)
PARKING TOO CLOSE TO FIRE HYDRANT
TRAFFIC HAZARD
$ 5.00
5.00
15.00
15.00
5.00
15.00
30.00
30.00
15.00
CURE SECTIUN .
OLD
NEW
DESCI;III II(M
.
68A' 104
40-6-2
REFUSAL TO COMPLY WITH POLICE. 1)1RLCI ING IPAUIC
$45.00
'
68A-105
40-6-4
PERSONS RIDING ANIMALS OR DRIVING ArI'i-AI--I)PA•IN
45.00
VEHICLES MUST OBEY TRAIIIf] LAWS
68A-201
40-6-20
RAN RED LIGHT
45.00
68A-206(A)
40-6-26(A)
DEFACE TRAFFIC SIGNAL OR RAILROAU SIG(I
90.00
68A-206(B)
40-6-26(B)
DRIVING ON HIGHWAY CLOSLD TO PUBLIC
90.00
e
68A-301(A)
40-6-40(A)
DRIVING ON WRONG SIDE OF' ROAD
45.00
68A-301(B)
40-6-40(B)
SLOWER DRIVERS MUST S1AY IN RIGHI LANE
45.00
68A-301(D)
40-6-41(D)
IMPEDING NORMAL FLOW 01 IRAII Ic BY DItIVIN), S[DF. IY SIDE
45.00
68A�303(A)
40-6-42(A)
IMPROPER PASSING BY CUITING IN ON VI111(;LI fiF.ING PASSED
45.00
68A-303(B)
40-6-42(B)
NO VEHICLE BEING I'ASSI:D WILL SPLI.D III'
45.00
68A-303(B)
40-6-43(B)
NO PASSING ON SHOULDER OF ROAD
45.00
68A-305
40-6-44
PASSING WI Fit IN 200 FT. OF ONCOMING TRAI I Ic:
45.00
68A-306(A1)40-6-45(A)
PASSING ON HILL OR CARVE.
45.00
68A-306(A2)40-6-45(A2)
PASSING WITHIN 100 FT. OF INTERSFCTION OR IlR CR();SIrIG
45.00
68A-307
40-6-46
PASSING ON SOLID YELL014 LINE
45.00
68A-308(C)
40-6-47(C)
PASS ONLY ro FIGHT of A ROFARY IRAI11(. 1'.[ANO
45.00
68A-309(A)
40-6-48(A)
IMPROPER LANE CHANGE:
45.00
68A-310(A)
40-6-49(A)
FOLLOWING Too CLOSELY
45.00
68A-310(B)
40-6-49(B)
INSUFFICIENT ROOM BLIWLLN VLHICI L`) 10 PASS 0;I OPEN
45.00
ROAD WHILE TOWING
68A-310(C)
40-6-4j(.C)
INSUFFICIENT ROOM 1N CONVOY TU.PASS ON OPLN RO/0)
45.00
68A-311
40-6-50
CROSSING MEDIAN IN DIVIDED HIGHWAYS
45.00
68A-401
40-6-70
FAILURE TO YIELD RIGHT 01 WAY AT INTERSECTION
45.00
6.8A-402
40-6-71
FAILURE TO YIELD RIGHT OF WAY WHILE TURNING LEFT
45.00
68A-403(B)
40-6-72(B)
FAILURE TO STOP -FOR STOP SIGN
45.00
68A-403(C)
40-6-72(B)
FAILURE TO SLOW DOWN OR STOP FOR YIELD SIGN
45.00
'
68A-404
40-6-73
FAILURE TO YIELD RIGHT OF WAY FROM DRIVEWAY,
45.00
1 s
68A-405(A)
40-6-74(A)
FAILURE TO YIELD RIGHT OF WAY TO EMERGENCY VEHICLE ;`
45.00
68A-405(B)
40-6-74(B)
EMERGENCY VEHICLE MUST DRIVE SAFELY
60.00
68A-406(�)
40-6-75(A)
FAILURE TO YIELD FOR HIGHWAY CONSTRUCTION VEHICLE OR
PERSON
45.00
68A-406(B)
40-6-75(B)
FAILURE TO YIELD FOR HIGHWAY CONSTRUCTION DISPLAYING
AMBER LIGHTS
45.00
68A-501
40-6-90
FAILURE TO 013EY TRAFFIC CONTROL DEVICES OR POLICE
•
BY PEDESTRIAN
45.00
68A-502(A)
40-6-91(A)
FAILURE TO YIELD RIGHT OF WAY TO PEDESTRIANS
45.00
68A-502(B)
40-6-91(5.)
PEDESTRIAN DARTING OUT IN TRAFFIC
45.00
68A-502 D
40-6-91 D)
PASSING STOPPED VEHICLE AT PEDESTRIAN CROSSWALK
45.00
68A-503(A)
40-6-92(A)
PEDESTRIAN MUST YIELD RIGHT OF WAY IF NOT AT CROSSWALK
UNLESS HE HAS ALREADY ENTERED AT HIGHWAY SAFELY
45.00
68A-503(D)
40-6-92(D)
PEDESTRIAN CROSSING ROAD DIAGONALLY
45.00
68A-504
40-6-93
DRIVERS MUST USE DUE CARE WITH CHILDREN R DRUNKS
45.00
68A-504.1
40-6-94
FAILURE TO YIELD TO BLIND PEDESTRIAN
45.00
68A-505.1
40-6-96
PEDESTRIAN UNDER THE INFLUENCE
50.00
68A-506(A)
40-6-97(A)
PEDESTRIAN MUST WALK ON SIDEWALK, IF PROVIDED
35.00
68A-506(B)
40-6-97(B)
PEDESTRIAN MUST WALK ON SHOULDER, IF NO SIDEWALK
PROVIDED
35.00
`
68A-506(C)
40-6-97(C)
ON TWO LANE ROAD PEDESTRIAN MUST WALK FACING TRAFFIC
35.00
�.)
68A-506(D)
40-6-97(D)
FAILURE TO YIELD BY PEDESTRIAN
35.00
68A-506(F)
404-97(F)
FAILURE TO STOP BY PEDESTRIAN FOR RR CROSSING BARRIER
35.00
68A-507(A)
40-6-98(A)
NO PERSON WILL STAND IN ROAD TO HITCHHIKE
55.00
68A-508
40-6-99
DRIVING THROUGH SAFETY ZONE
45.00
68A-509
40-6-100
DRIVER MUST YIELD TO PEDESTRIAN ON SIDEWALK,
45.00
68A-510(A)
40-6-101(A)
PEDESTRIAN MUST YIELD RIGHT OF WAY TO EMERGENCY VEHICLE
60.00
68A-510(B)
40-6-101(5)
EMERGENCY VEIICILE MUST NOT HIT PEDESTRIAN
60.00
68A601(A)
40.76-120(A)
IMPROPER RIGHT TURN
45.00
68A-601(B)
40-6-120(B)
IMPROPER LEFT TURN
45.00
68A-602(A)
40-6-121(A)
IMPROPER U-TURN ON CURVE-
45.00
68A-602(B)
40-6=121(B)
IMPROPER U-TURN ON GRADE
45.00
68A-602(C)
40-6-121(C)
IMPROPER U-TURN NOT MADE IN SAFETY
45.00
68A-603
40-6-122
IMPROPER STARTING OF PARKED VEHICLE
45.00
68A-604(A)
40-6-123(A)
IMPROPER TURNING BY NOT BEING IN PROPER POSITION
AND/OR USING SIGNALS
45.00
68A-604(B)
40-6-123(B)
IMPROPER USE OF SIGNAL LIGHTS WHILE TURNING
45.00
68A-604(C)
40-6-123(C)
IMPROPER USE OF SIGNAL LIGHTS WHILE STOPPING OR STOPPED
45.00
68A-604(D)
40-6-123(D)
IMPROPER USE OF SIGNAL LIGHTS IF FLASHED ON ONE SIDE
ONLY OF PARKED VEHICLE OR USED AS "DO PASS" SIGNAL
45.00
68A-606
40-6-125
IMPROPER USE OF HAND SIGNALS
45.00
68A-701(A)
40-6-140(A)
FAILURE TO STOP FOR RR CROSSING
55.00
68A-701(B)
40-6-140(B)
DISREGARDING RR CROSSING BARRIER
55.00
68A-702
40-6-141
FAILURE TO STOP FOR STOP SIGN AT RR CROSSING
55.00
68A-703(A)
40-6-152(A)
TAXIS, SCHOOL BUSSES, AND GAS TRUCKS MUST STOP AT RR
CROSSING AND MUST NOT CHANGE GEARS WHILE DRIVING ACROSS
RR TRACES
55.00
68A-703(B)
40-6-152(B)
NO NEED TO STOP IF POLICE OR TRAFFIC SIGNAL DIRECTS
TP^FFIC TO PROCE11)
55.00
;= 68A-705
40-6-144
FAILURE
TO STOP WHILE FMERG [ P!G I ROM TILL l Y OR DRIVEWAY
ONTO RESIDENTIAL
OR BUSINESS SIRI-LT �
68A-706
40-6-160
FAILURE -TO
STOP FOR S(.IIOOL BUS LOAU I NG OI? UNI. UAU I NG
68A-801
40-6-180
TOO FAST.
FOR CONDITIONS
68A-802
40-6-181,
SPEEDING
(SEL I I NL S I RUC I URL CIIAfI I )
68A-805(A)
40-6-184(A)
IMPEDING
THE FREE FLOW OF TRAFFIC
68A-806(A)
40-6-185(A)
SPEEDING
ON BRIDGE
68A-808(A)
40-6-186(A)
DRIVING
IN A RACE OR PARTICIPAIIN(, IN A RACI_
68A-•901(A)
40-6-390(A)
RECKLESS
DRIVING
68A-902(A1)40-6-391(A1)D.U.I
OF
ALCOHOL � 1st Offense
68A-902(A2)40-6-391(A2)0.U.I
OF
DRUGS �y �� 2nd Offense
68A-902(A3)40-6-391(A3)D.U.1
Of
Al COHOI. nfin DI, Ur" 3rd Offense
68A-902.1
40-6-392
IMPLIED
CONSENT LAW
*68A-903(A)
40-6-393(A)
HOMICIDE
BY VC.IIICL[ (COMBINLD WI III 6,1"A 01 )
*68A-903(B)
40-6-393(B)
HOMICIDE
BY VEHICLE (COMBINFU WITH ANY UFIIFP TRAFFIC
OFFENSE
EXCEPT 68A901 R 68A904(C))
*68A-903.1
40-6-394
SERIOUS
INJURY BY VEHICLE WHILE U.U.I.
68A-904(A)
40-6-395(A)
FLEEING
OR ATTEMPTING TO EI.UDE A POLICE OFFICER
68A-904(C)
40-6-395(C)
IMPERSONATING A POLICE OFFICER
68A-1001(A)40-6-202(A)
IMPROPER
PARKING BY PARKING ON ROADWAY IN OPEN COUNTRY
68A-1001(B)40-6-202(B)
IMPROPER
PARKING DOES NOT APPLY IF VFIII(:I.F DISABLED
68A-1002 40-6-206' POLICE AUTHORITY TO REMOVE VEHICLES
68A-1003 40-6-203 IMPROPER PARKING
68A-1004(A)40-6-200(A) IMPROPER PARKING BY NOT PARKING WITHIN 1 I-T. OF CURB
68A-1005 40-6-205 OBSTRUCTING AN INTERSECTION
68A-1101 40-6-201 UNATTENDED MOTOR VEHICLE WITII ENGINE IDLING OR BRAKE
NOT SET
68A-1102 40-6-240 IMPROPER BACKING
68A-1103 40-6-241 DRIVING ON SIDEWALK
68A-1104(A)40-6-242(A) MORE THAN THREE PERSONS IN FRONT SEAT
68A-1104(B)40-6-242(B) PASSENGER INTERFERING WITH DRIVER'S COIIIROL
68A-1105 40-6-243 OPENING VEHICLE DOORS AND INTERFERING WITH TRAFFIC
68A-1106 40-6-244 RIDING IN HOUSE.TRAILERS
68A-1108 40-6-246 COASTING PROHIBITED
68A-1109 40-6-247 FOLLOWING OR PARKING WITHIN 500 FT OF FIRE TRUCK
68A-1110 40=6=248 CROSSING FIRE HOSE
68A-1111 40-6-249 LITTERING HIGHWAY
68A-1112 40-6-250(B) OPERATOR OF MOPED MUST HAVE A VALID DRIVER'S LICENSE
68A-1112(C)40-6-250(C) OPERATOR OF MOPED MUST HAVE A HELMET
68A-1112 40-6-250 OPERATING A MOTOR VEHICLE WHILE WEARING HEADPHONES
68A-1201(B)40-6-290 PERMITTING CHILD TO VIOLATE BICYCLE LAWS
68A-1202 40-6-291 TRAFFIC LADS APPLY TO BICYCLES ON ROADWAY
68A-1203(A)40-6-292(A) NO RIDING ON HANDLEBARS
68A-1203(B)40-6-292(B) PASSENGER MUST USE A PASSENGER SEAT
68A-1204 40-6-293 NO PERSON ON BICYCLES, SKATES OR WAGON WILL CLING TO
VEHICLE ON ROADWAY
68A-1205(A)40-6-294(A) BICYCLE RIDDEN ON RIGHT SIDE Of I'0AI)WAY
68A-1205(8)40-6-294(B) NO MORE THAN TWO BICYCLES ABREAST
68A-1302(B)40-6-311(B) PERSON RIDING MOTORCYCLE MUST FACE FORWARD WITII ONE
LEG ON EITHER SIDE OF MOTORCYCLE
68A-1302(C)40-6-311(C) PERSON CANNOT CARRY ARTICLE WHICH PREVENTS HIM FROM
KEEPING BOTH HANDS ON THE HANDLEBARS
68A-1302(D)40-6-311(D) PASSENGER MUST NOT INTER17ERE WITII CONTROL OR VIEW OF
OPERATOR
68P,-1302(E)40-6-311(E) OPERATOR AND PASSENGER MUST WEAR SHOES ON MOTORCYCLE
68A-1303(A)40-6-312(A) OTHER VEHICLES MUST GIVE MOTORCYCLE FULL LANE
68A-1303(B)40-6-312(B) MOTORCYCLE CANNOT PASS IN THE SAME LANE AS ANOTHER
68A-1303(C)40-6-312(C) OPERATI G MOTORCYCLE BETWEEN LANES OF TRAFFIC
68A-1303(D) 40-6-312(D) MORE THAN TWO MOTORCYCLES ABREAST IN TRAFFIC LANE
68A-1303(E)40-6-312(E) MOTORCYCLE HEADLIGHT AND TAIL LIGHT ON
68A-1304 40-6-313 MOTORCYCLE CLINGING TO OTHER VEHICLES
68A-1305(A)40-6-314(A) PASSENGER MUST HAVE FOOTRESTS
6,9A-1305(B)40-6-314)B) HANDLEBARS MORE THAN 15" ABOVF S[AF, [SACK P.FST WITH
SHARP POINT AT TIP
68A-1306(A)40-6-315(A) NO HELMET
68A-1306(B)40-6-315(B) WINDSHIELD OR VISOR
68B-201(A) 40-5-20(A) NO DRIVER'S LICENSE
68B-201(B) 40-5-20(B) NO DRIVER'S LICENSE WHILE BEING IOW[U
68B-201(C 40-5-20(C) POSSESSION OF MORE THAN ONE VALID DRIVER'S LICENSE
AT ONE TIME
686-202.3 40-5-21 NON-RESIDENT ON ACTIVE DUTY IN ARMED FORCES AND ALL
DEPENDENTS WHO HAVE VALID LICENSES FROM HOME STATE
DO NOT HAVE GEORGIA LICENSE
68B-204 40-5-23 WRONG CLASS OF DRIVER'S LICENSE
* DENOTES A TRACE
45.00
55.00
50.00
45.00
45.00
200.00
105.00
325.00
600.00
1000.00
250.00
N/A
N/A
N/A
N/A
180.00
180.00
35.00
35.00
35.00
35.00
35.00
35.00
35.00
45.00
45.00
35.00
35.00
35.00
35.00
45.00
60.00
50.00
45.00
45.00
45.00
45.00
45.00
45.00
30.00
30.00
ANY
55.00
35.00
35.00
IC LAW THAT NEEDS A WARRANT INSTEAD OF A UNIFOPM TRAFFIC CITATIOf!
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
45.00
55.00
45.00
45.00
45.00
45.00
60.00
60.00
60.00
60.00
35.00
68B-210(A) 40-5-29(A) NO DRIVER'S LICENSL ON I'LRSOIJ * $ 35.00/25.
*REFER '68B-210 A CASH BOND IN THE AMOUNT OF $20.00
MAY BE TAKEN 1N LIEU OF $30.00, IF Tllf SIIBJFCT
PRODUCES A LICENSL 1HERE101ORL ISSIIFO 10 HIM AND
68B-210(B) 40-5-29(B)
68B-211(D) 40-5-30
68B=213(A) 40-5-32(A)
68B-213(C) 40-5-32(C)
68B-306(B) 40-5-55
*68B-308 40-5-58
68B-314 40-5-65
68B-401.1 40-5-120.1
68B-401.2
68B-401.3
68B-401.5
68�-401.6
68B-402
68B-403
68B-404
68-201
68-201
68-213
68-214(E)
68-214
68-221
68-413
68-414
68-415
*68-431a
*68-433a
*68-434a
68-1618
68-1619
68-1620
68-1623.1
40-5-120.2
40-5-120.3
40-5-120.5
40-5-120'.6
40-5-121
40-5-123
40-5-122
40-2-20
40-2-20
40-2-36
40-2-66
40-2-38
40-2-90
40-8-90
40-8-92
40-8-92
40-3-90
40-3-92
40-2-7
40-6-270
40-6-270
40-6-271
40-6-275
68E-201 40-8-20
68E-203(B) 40-8-22
68E-204(A) 40-8-23(A)
68E-204(D) 40-8-23(D)
t 68E-208 40-8-27
68E-209(8) 40-8-28(B)
68E-209(D) 40-8-28(D)
68E-210(A) 40-8-29(A)
68E-210(B) 40-8-29(B)
68E-207(A) 40-8-26
68E-212 40-8-31
68E-301(A) 40-8-50
68E-701(A) 40-8-70(A)
68E-401(B) 40-8-70(B)
68E-402(5C)40-8771
68E-403 40-8-72
68E-404(A) 40-8-73
68F-405(B)
40-8-74
68-1722
40-1-3
68E-213
40-8-32
68E-104
40-8-4
68-1820 40-6-251
68E-106(B) 40-8-06
VALID AT THE TIMF Of HIS ARRF'J.
DRIVER'S LICENSE EXHIBITED ON Uf:MAND AI.'>(), CHARGE WITH
68B-201 (A) . 35.00
RESTRICTED LICENSES (GIASSIS, OIII;Iig t,IIRIf)P.) 45.00
EXPIRED DRIVLR.'S LICENSL 60.00
EXPIRED GA. DRIVER'S LICLNSI. (MILITARY /I('T IVF 1)U'fY)
30 DAYS 60.00
DEAD, UNCONSCIOUS, OR PARALYZED PI.I;.`,UN : IIAI 1. L'F GIVEN
CHEMICAL TESTS AS IN IMPLIED CON�I Nl 1.1%
N/A
HABITUAL VIOLATOR
N/A
OBTAINING ANOTHER STATUS DRIVLR'S LICENSL WHLN
GA. DRIVER'S LICENSE IS UNDER REVOCATION
DISPLAY OR POSSESSING SUSPENDED, FICTITIOUS OR FRAUDULENTLY
ALTERED DRIVER'S LICENSE
60.00
LENDING DRIVER'S LICENSE TO ANY OTHER PERSON
60.00
TO DISPLAY SOMEONE ELSE'S DRIVER'S LICFN'iE
60.00
FALSE NAME OR STATEMENT TO OBTAIN DRIVER'S LICENSE
60.00
PERMIT UNLAWFUL USE OF DRIVER'S LICENSE
100.00
DRIVING WHILE DRIVER'S LICENSE SUSPENDED OR REVOKED
300.00
PERMITTING UNAUTHORIZED MINOR (UNDER 18) TO DRIVE
60.00
PERMITTING UNLICENSED PERSON TO DRIVE
100.00
NO LICENSE PLATE
45.00
NEW OWNER HAS 7 DAYS TO OBTAIN LICENSE PLATE
45.00
IMPROPER USE OF DEALER TAG
45.00
COUNTY DECAL OBSCURING TAG
45.00
IMPROPER/OBSCURED TAG DISPLAY
45.00
NON-RESIDENT HAS 30 DAYS TO GET VALID GA. LICENSE PLATE
45.00
OPERATING UNAUTHORIZED VEHICLE WITH BLUE LIGHTS
60.00
WITHOUT OR EXPIRED EMERGENCY LIGHT PERMIT
60.00
UNAUTHORIZED VEfTICLE WITH RED/AMBER LIGHTS
60.00
ALTERED/COUNTERFEIT CERTIFICATE OF TITLE-
N/A
FALSE REPORT OF AUTO THEFT
N/A
REt10VED/FALSIFIED/DEFACED I.D. OR LICENSE ['LATE
N/A
FAILURE TO STOP AT ACCIDENTS WITH INJURY/DTATH
255.00
FAILURE TO STOP AT ACCIDENTS WITH DAMAGE. i
120.00
1711ILURE 'fO GIVE INFORMATION AND RENDER AID
120.00
DRIVER IN ONE VEHICLE ACCIDENT (NO OTHER DAMAGE)
NOT REQUIRED TO REPORT
120.00
HEADLIGHTS ON 'i HOUR AFTt.I; SUNSET f0 '_, HOUR BEFORE
SUNRISE AND WHEN RAINING
30.00
MOTORCYELE CANNOT HAVE M011,L THAN TWO IILADLIGH"IS
30.00
TAIL LIGHTS REQUIRED
30.00
TAG LIGHT REQUIRED (WHITE LIGHT')
30.00
LIGHT OR FLAG -ON PROJECTING LOAD (FOUR FEET)
35.00
PARKED IN UNLIGHTED AREA MUSH HAVE PARKING LIGHTS ON
(NOT MOTORCYCLE)
30.00
IF HEADLIGHTS ON'PARKED VEHICLE, MUST BE DIMMED
30.00
MAXIMUM OF ONE SPOTLIGHT ON VEHICLE
30.00
MAXIMUM FOG LIGHTS, TWO (2)
30.00
SIGNAL/STOP LIGHTS REQUIRED
30.00
FAILURE TO DIM HEADLIGHTS
30.00
NO BRAKES
30.00
NO HORN/IMPROPER USE OF
30.00
ILLEGAL TO EQUIP/USE SIREN, WHISTLE, BELL
30.00
LOUD MUFFLERS, 'ANNOYING SMOKE, USE CUT-OUTS
30.00
MIRROR REQUIRED IF VISION OBSTRUCTED
30.00
NO SIGNS/POSTERS/ICE CAN OBSTRUCT DRIVER'S VISION THROUGH
ANY WINDOW
30.00
NO METAL TIRES ON VEHICLE
30.00
PERMITTING DRIVER TO VIOLATE STATE LAW
45.00
RURAL MAIL CARRIERS MAY USE AMBER LIGHTS
SLOW MOVING VEHICLES MUST HAVE TRIANGULAR WARNING
DEVICE ON REAR
30.00
LAYING DRAGS
135.00
OPERATING VEHICLE WITH ALTERED SUSPENSION SYSTEV
(MORE THAN 2 INCHES)
75.00
A. COMPACT CARS FRONT 1.71," ?_l"
B. INTERMEDIATE CARS FRONT 18......... 21"
C. LARGE CARS FRONT 18 ......... 19"
* DENOTES A TRAFFIC LAW THAT NEEDS A WARRANT INSTEAD OF A UNIIURM TRAFFIC CITATION
' 684M(a) 40-8-181(B) VISIBLE EMISSION FROM Ul ISEI_ VFHICLF (MORE THAN 10
CONTINUOUS SECONDS)
68-2202(B) 40-8-182(B) VISIBLE EMISSION FROM GAS VEHICLE (MORE THAN 10
CONTINUOUS SECONDS)
68-2301(B) 40-11-1 ABANDONED VEHICLE (OVER 10 DAYS)
68-2404(A) 40-7-4(A) OFF -ROAD VEHICLE WITHOUT BRAKES OR MUFFIIRS
68-2404(B) 40-7-4(B) OFF -ROAD VEHICLE ON PRIVAT[ PROPFRIY WIIHOUF WRITTEN
PERMISSION
$ 30.00
30.00
45.00
45.00
45.00
-A,
SPEED
MPH _ _ i
25
MPH - ZN
30
MPH - ZN
35 ��.:;�, 40
MPH-- Z,i` 'i 1H - ZN
$ $
45
MPH - ZN
50
MPH - ZN
`"-�
MPH Z,N
60
MPH - ZN
-
21 to 25
$ 35.00
$
$
$
$
$
$
26 to 30
35.00
35.00
31 to 35
35.00
35.00
35.00
36 to 40
35.00
35.00
35.00
35.00
41 to 45
50.00
35.00
35.00
35.00
35.00
46 to 50
60.00
50.00
35.00
35.00
35.00
35.00
51 to 55
75.00
60.00
50.00
35.00
35.00
35.00
35.00
56 to 60
85.00
75.00
60.00
50.00
35.00
35.00
35.00
35.00
61 to 65
95.00
85.00
75.00
60.00
50.00
35.00
35.00
35.00
35.00
66 to 70
110.00
95.00
85.00
75.00
60.00
50.00
35.00
35.00
35.00
71 to 75
120.00
110.00
95.00
85.00
75.00
60.00
50.00
35.00
35.00
76 to 80
125.00
120.00
110.00
95.00
85.00
75.00
60.00
50.00
35.00
81 to 85
145.00
125.00
120.00
110.00
95.00
95.00
75.00
60.00
50.00
86 to 90
1610.00
145.00
125.00
120.00
110.00
95.00
85.00
75.00
60.00
September 6, 1983 - Continued
Sarah Jones made a motion the minutes of August 15, 1983 be approved as submitted.
Jim Hawkins seconded the motion which carried 7-0.
Committee Reports: .(Water) Jim Tolleson made a motion the rules be suspended to
place a motion on the floor. Max Bacon seconded the motion which carried 7-0. Jim
Tolleson read a letter from the Sanitation Department requesting permission to move
the dumpster located at the City dump to the office on Smyrnahill Road which would
be more convenient for the citizens and would save the City $3,200 per year. Mr.
James Turnipseed from the audience asked to speak. Mr. Turnipseed said he had called
the sanitation department several times to pick up some limbs and leaves. They never
picked them up and on Saturday he took a load to the dump. When he went back the
second time at 3:45, it was closed and the gate locked. Mr. Turnipseed said he called
the police station but no�one knew where the key was. Vic Broyles said that even
though the dump is supposed to be open until 4: 00 on Saturday, more than likely the
dumpster was already full and when this happens, they close it rather than have people
dump trash on the ground.
Jim Tolleson made a motion approval be given to move the dumpster to Springhill Road.
Max Bacon seconded the motion which carried 7-0.
(Finance) Jim Hawkins made a motion the rules be suspended to place a motion on
the floor. Jack Shinall seconded the motion which carried 7-0.
Jim Hawkins said the auditor had recommended the money collected from Ridgeview Insti-
tute be handled as a separate account to be called an Enterprise Fund. Jim Hawkins
made a motion that Willouise Spivey be authorized to open 'a separate account which
will be used only for long range capital improvements. Jack Shinall seconded the
motion which carried 5-1, with James Williams opposed and Max Bacon abstaining.
Jim Hawkins expressed his sympathy over the death of Claude Eason. Jim said .he was
a good citizen and friend. Jim also said the death of Larry McDonald was the biggest
loss this country has had in quite some time, and we have lost.a good American.
Jack Shinall said he had received complaints about the timing on the traffic lights
at Church Street, Powder Springs Street and Cherokee Road and asked Vic Broyles to
have them checked.
(Library) Doris Morris gave a report on library activities.
Elbert Coalson said this is the first time he has served as Chairman of the Library
Committee and commended Mrs. Morris and her staff for the fine job they are doing.
Mayor Bacon and all Council spoke on the Local Option Sales Tax referendum coming
up on September 13th and urged everyone to support it. If approved, it will reduce
our property taxes and within the next 4 or 5 years, could practically eliminate
ad valorem taxes.
Announcements: Election September 13th; next council meeting September 19th; Jonquil
Fall Festival September 24th.
With no further business, meeting adjourned at 8:50 p.m.
September 19, 1983
The regular scheduled meeting of Mayor and Council was held September 19, 1983 at
Smyrna City Hall. The meeting was called to order at 7:30 o'clock p.m. by presiding
officer Mayor Arthur T. Bacon. All Council members were present except Elbert Coalson
and Jim Tolleson. Also present was City Attorney Charles E. Camp, City Clerk Willouise
Spivey, Police Chief R. E. Little, Acting Fire Chief Hubert Cochran, Librarian Doris
Morris, Building Inspector Larry Dunn, Civil Defense Director Jim Farley and
representatives of the press.
Invocation was given by Jim Hawkins, followed by the pledge to the flag.
There were no citizen reports.