11-02-1970 Regular Meeting341
November 2, 1970
The regular meeting of Mayor and Council was held pursuant to the Charter
at City Hall, Smyrna, Georgia, November 2, 1970, at 7:30 o'clock P. M.
Mayor Harold L. Smith presided and all Council Membews were present. Also
present were City Attorney G. W. Carreker, City Clerk L. W. Charles, Tax
Assessor D. Scott Jackson, N. Proctor, J. E. David, Supt. Public Works,
Building Inspector Leon Hood, Fire Chief C. C. Porterfield, Asst. Fire Chief
Donald 0. Atkinson, Maggie Willis of the Marietta Journal, and Mr. Bill
Greer of Mayes, Sudderth and Etheredge.
Invocation was by Councilman Hubert Black and Pledge of Allegiance to the
Flag was led by Councilman Marston Tuck,
A zoning hearing on the,Konigsmark property located at 3027 Atlanta Terrace
was next on the Agenda. Henry Konigsmark; the petitioner, requested -the pro-
perty be rezoned from R-1 residential to C-1 commercial, service station.
An artist's rendition of the proposed prototype service station to be built
on this and the three adjacent parcels already zoned, was presented, and
set backs and buffers were called out by Mr. Konigsmark. Mr. J. W. Nash,
spokesman for the opposition, read a two page letter in Council listing
the promise of the former administration to the property owners on Atlanta
Lo Terrace, at the time they deeded land to the City for widening of Love Street
IMH Extension, that their property would not be zoned commercial. On motion
In by C. 0. Canada, seconded by Homer Kuhl, the rezoning of the property was denied,
on a four to three vote. For the motion, C. 0, Canada, Hubert B1ack,.Homer
U Kuhl and J. C. Porterfield. Voting against the motion to deny, Arthur T.
U Bacon, J. P. White and Marston Tuck. ,
A petition was submitted by Harvey Hoff to rezone property for a parking lot
at the South Cobb Medical Building. On motion by J. C. Porterfield, December 7,
1970 was set for the hearing date on the above property. The motion was
seconded by Marston Tuck and passed on unanimous vote,.
The request of Mr. R. D. Myers to open a boarding house at 1265 Sunset Avenue
was referred to a committee -for checkout of ordinances and report back at
next meeting. "
Commercial building permits were submitted by building inspector Leon Hood
and upon his recommendations, the f ollowing.action is recorded:
1, Request*by S. A. White Oil Company to brick front of station, move
pump island, replace doors, and install 241x28' canopy, Dickson's
Shopping Center. Approved'unanimously on motion by J. C..Porterfield'
and seconded by Arthur T. Bacon,
2. Request by David Harkins, to erect 96 square -foot M ENS' DEN sign
531'Cherokee Road. The request was denied on motion by C. 0. Canada,
seconded. by'Marston 'hick, and voted unanimously.
3. Kassuba Corporation requested permit to build 180 additional apart-
ment units'on`Hargrove Road, Mr. C. 0. Canada motioned the building
permit be.approved per plans submitted. The motion was seconded by
J. C. Porterfield and voted unanimously.
A petition signed by eleven property owners requesting annexation -of twelve
parcels of land' on Pat Mell Road into the corporate limits of the City of
Smyrna was the next item to be brought before Mayor and Council. Mrs. Pat-
terson, a, property owner of the Laceola Woods Subdivision,'representing
approximately 20 citizens, spoke in opposition to the annexation stating
that several times in the past, rezoning from 'residential to commercial
had been requested for these parcels, and'if annexed into the City the
desires.of the county'residents'to keep it from being zoned commercial
probably would have no 'effect on the -decision of Mayor and Council, and
further these parcels were covered in the covenants of the subdivision,
Mayor Harold L. Smith'stated this petition was only for annexation, riot
zoning,.at the request,of the property owners, and further, any -enforcement
of covenants could only be handled through a civil court. After further
discussion, J. C. Porterfield motioned that the property be annexed into
the corporate limits of the City of Smyrna as advertised under the Home
e3 4 2
(Continuation of November 2, 1970 Meeting)
Rule Act and made a part of Ward #6. The motion was seconded by Marston
Tuck and vote on the motion was unanimous. ;It was.also called
out that annexation into the City included certain services, such
as, police and fire -protection.. lights, garbage pick up, water and
sewer services, at least two of•these services to be available
immediately. - I
Mayor Harold L. Smith reported that -demolition of the old police
station was in progress, work had been completed on the building
across the street, and that debris from both bulidings would be
removed at the same time.
Mayor Smith also reported that purchase of the B. F. Reed, Jr.
property, 1294 BankzStreet, was closed out on October 20, 1970.
Councilman Homer Kuhl motioned that the building be declared surplus.
The motion was secondediby Arthur T. Bacon and voted unanimously.
It was agreed that�Mayon and Council would negotiate with the Evans
Wrecking Company first on demolition of the building. Mr. Bacon
stated that -Mr. Reed had requested the fireplaces, mantles and
water heater.
Mayor Harold L. Smith reported he had heard nothing from the. County
en the sewer proposal; however, a meeting with the commissioners.
had been tentatively set up for•November 23 or 24, 1970. He also
reported that while attending the Cobb County•Municipal meeting
last Thursday, Mr. Stewart R. Reid of Austell stated they had worked
out a contract with the County to treat the cityts sewage for 25�
per thousand gallons until the county program could be completed
in that area.
Report on codification. -of ordinances was postponed to a later date.
Revision of the salaries of the police and fire departments to conform
to the rate structure adopted by Council in July 1968 was discussed.
On motion by Marston Tuck, seconded by Hubert Black, the salaries
as amended and submitted were approved by unanimous vote, the effective
date to be,retroactive to October 1, 1970 with no change in the
budgets to be made at this time.
The proposed Amendment Homestead Exemption ?Act was reported in work.
Councilman C. 0.-Canada reported the committee had•agreed to pur-
chase tires and tubes from the Pennsylvanis.Tire Company under a
state contract stating that the tires we have been paying $24.97
for can be purchased for $15.15, other tires which we have been
paying. $83.00 for can be purchased for $52.00, also there would
be a saving of approximately 60% on tubes. Mr. Canada stated an
order for 24 tires and tubes had already been placed with the Penn-
sylvania Tire Company and he recommended that a supply be kept on
hand at all times and asked Council approval for an initial order
of truck tires and tubes in the.amount of $800 to $1000. The motion
was seconded by Marston Tuck and approved unanimously.
Councilman Canada also reported that Barrow Shell had agreed to
mount all tires free of charge for all cars and trucks with the
exception of the garbage trucks, on a 24 hour basis, seven days
per week, -provided we give him all wrecking service for all vehicles,
and that the committee recommends this be approved. Homer Kuhl
motioned that effectivelvimmediately we accept the free services
of Barrow Shell in mounting all tires except the garbage trucks,
and give all wrecking service exclusively to Barrow Shell. The
motion was seconded by J. P. White and voted unanimously. Mr. Kuhl
stated he would call Mr. Mann and tell him of this decision.
Mayor Harold L. Smith reported that a special meeting had been held
Friday, October 30, 1970 with,Ezra Yancey, Arthur T. Bacon, J.,E.
David and Victor Broyles in regard to installation of the under-
ground garbage system being so far behind schedule. A copy of the
agreement between the City and Mr. Yancey was given to each Coun-
cilman. On motion by Arthur T. Bacon, seconded by C. 0. Canada
this agreement is hereby made a part of the minutes of this meeting.
Vote on the motion was unanimous. The Mayor asked J. C. Porterfield
to come by his office and checkout the type insurance coverage
held by Mr. Yancey. /
343
(Continuation of November 2, 1970 Meeting)
In regard to progress on road projects, Councilman Homer Kuhl
stated J. E..David would be in Cartersville.Wednesday, November 4,
1970, to meet. with State Highwa,y officials,on the relocation of
utilities on.Love and Concord; also, that Mr. David would talk with
them again regarding the third lane promised on South Cobb Drive
at Concord Road, along with the fork on cleaning out the culvert
at Bank Street and South Cobb. Mr. Kuhl stated a change had been
made in the radius at Pine. and.Concord Road taking in a li#, le
more in that corner, and that he would talk to Dr. Price again
on this matter. He also.stated,he' would talk to Mr. Gann on Concord
Road in regard to moving his driveway from the front to the rear
of the house. The work on Ann Road was reported as finished and
Cherokee Road will be completed on Thursday, weather permitting.
Mr. Bill Greer reported they were making good progress on the property
plats for the widening of Atlanta Street and would probably have
the information ready by the end of this week.
Council discussed cleaning out of the area between Bank Street
and South Cobb Drive -and at Brookview Gardens Apartments. It was
1-0agreed the county would be contaataddagain in regard to obtaining
7t� the scoop to clean out this area.
WMayor Harold L. Smith stated a public hearing would be held at
V Wills High School on Thursday night relative to relocation of
U Windy Hills. Road at Cherokee Road; also that he had talked to
officials of Cousins.Properties, and they had assured him they would
st
et work on getting this property annexed into the City.- Mayor
Smith read.a letter from Jack'Kendrick, county engineer, inregard
to the public hearing.which stated the State Highway Department
had requested that a_ Resolution -concerning the proposed realignment
be,presented.at the meeting at Wills on November 5 from the Smyrna
City Council and a similar'Resolution had also been requested from
the county., Mayor Smith stated, as he understood it, the Windy
Hills Road would abut into Cherokee and that the grade would be
lowered eight feet and the railroad would be raised five feet giving
a thirteen foot .clearance. Councilman J. C. Porterfield motioned
that we are in agreement with the realignment.as proposed by the
State Highway Department provided the plans unveiled are the same
as the last ones we saw and authorized the Mayor to present the
Resolution at the Thursday night meeting. The motion was seconded
by Homer.Kuhl and voted unanimously..
Councilman Marston Tuck reported the plat of the property at Ward
Park had been completed and the lease would be ready for execution
by the Mayor at the next meeting..
On motion by J. C. Porterfield four items; one 1955 GMC tractor,
one Hydra.Lift,crane mounted on above tractor, one 1946 Birmingham
low boy single -axle trailer, and one 1949 Cleveland 95 ditching
machine, were declared not needed by the City and are hereby surplused
and are to be sold to the highest bidder. The motion was seconded
by Marston Tuck.and.voted unanimously.
Mr. Greer reported, they had made_a survey on the Birch Street sewer
project and it had been submitted to the Mayor. Also, that he had
talked to J. E..David about the cost,.and the specifications were
rB...adY,h orpse#�inAibi:ds. _Homer Kuhl motioned we send out for bids
to be opened at the December_21 meeting specifying a firm ninety
day commitment. J. C. Porterfield seconded the motion and'the
vote was unanimous. Storm sewers for Birch Street were also discussed
and.on motion by C. 0. Canada it was agreed that separate bids would
be requested on the storm sewers_ and specifications would be' sent
to each contracotr along with the specification's for bids for the
sewer project. The motion was seconded by Arthur T. Bacon and the
vote was unanimous.
A decision as to what to do with-the^property on White Oak Drive
and Park'Lane was deferred to -the next meeting.- In the meantime,
Councilman John C. Porterfield will meet with the'Cobb County
Board of Education on November 5, 1970 regarding their plans for
use of the county board property adjacent to Wayland Court.
Councilman J. P. White stated that the distance between Argyle
Elementary School and Stop n Go Food Store on Spring Street
3 44 ! f
(Continuation of November 2, 1970 Meeting)
was only 288 feet, this being 12 feet short of the required 300
feet to a church -or school, as required in the present City of
Smyrna malt beverage ord-finance; therefore Mr. White motioned that
the malt beverage application for Stanley Wilmont be denied.
The motion was seconded by Marston -.Tuck. Vote on the motion was
unanimous.
Councilman Marston Tuck read a Resolution in regard to the State
of Georgia desiring to merge all retirement and pension funds into
one fund. He stated that the firements pension is the only fund
not participated in by the State, therfore, Mr. Tuck motioned that
this Council go on record. as being opposed to House Bill#546-i101
in its present form. The motion was seconded by C. 0. Canada.
The vote was unanimous. -
Residential permits for, 1971 were approved for release, upon re-
ceipt of fee, subject to checkout by electrical inspector and the
fire department. The above on motion by J. P. White, seconded by
Marston.Tuck.- Vote on the motion was unanimous.
Councilman J. C. Porterfield reported he, Councilman Hubert Black,
and some of the other members of Council, had looked into several
automated accounting -and billing systems and they felt the Litton
EBS/1241 was -the best system for the Cityts needs and was the
least expensive. The lease -purchase agreement over five years
would run between $450 and $500 per month with no change in present
personnel., The total cost of the system was called -out as $22,700
approximately and the service contract would be $1050 annually.,
with service renewal contract as -long as we keep the machine. Payroll.
would be the first item programmed, water billings second,• and taxes
third. Mr. -Porterfield motioned that Council enter a lease purchase
contract with Litton for the EBS/1241 accounting and billing.system.
with 67J-to be charged to the water department and 33% to admin-
istrative. The motion was seconded by Hubert -Black. Vote on the
motion was -six to one. J. P.- White opposed.
Councilman Arthur T. Bacon made a motion that Council adopt the
Amended Sanitation Ordinance -submitted: The motion was. -seconded
by Marston Tuck and voted unanimously.
Mayor Harold L. Smith stated Southern -Bell had requested -an ease-
ment to bury a cable 26" to 30" in depth at Roswell and Spring
Street. The easement was granted on motion by C. 0. Canada, se-
conded by Marston Tuck. The Vote was unanimous.
Councilman Hubert Black amde a motion that the dedication date
for the new community room -at the library be set for Sunday,
December 6, 1970 from two -to four P. M., in memory of Mrs. G. C.
Green, that the room -be named "Jonquil Room", and that $125.00
be approved for refreshments far, the dedication ceremony. The motion
was seconded by Homer Kuhl and voted unanimously.
Councilman Marston Tuck was requested to check with the garden
clubs as to a name for -the room in the lower level of the fire
station which has formerly been called the."Jonquil Room".
Councilman,Arthur T. Bacon stated Mrs. Hughes (with the Cancer
Association) wants the room presently -occupied by Civil Defense
Clerk Lucille .tustin, as soon as possible.
Mayor Harold L. Smith stated that a proposal had been made to
the county on the Dog Leash Law; however, they wanted it in writing
before the ordinance will be official. In the meantime, they
are picking up dogs in -the City.' '_
Mayor Smith also encouraged all Councilmen and other staff mem-
bers who usually attend the Earlg;Bird Breakfast to plan to be pres-
ent Thursday, November 5, 1970, at Davis Brothers Restaurant
on the 4-Lane Highway -in. -Marietta. --The City of Smyrna sponsors
the breakfast this month. The program will be on drug abuse.
A motion was made by Homer Kuhl to adjourn at 10:18 P. M.
Next meeting 11-16=70.
A,special meeting was held in City Hall, Smyrna, Georgia,'October'28,;1970;
'
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t in regard to the installation of underground -garbage -containers by the Ezra;..
2
Yancey Contracting Company. Those in attendance were: Mayor Harold L..;Smith,.
' Contractor Ezra Yancey, Sanitation Chairman Arthur Bacon, Sanitation" -Supervisor,
Victor Broyles and Public Works Superintendent, James E. David.
After considerable discussion in regard to installation being far behind'sctiedule,—
ithe following points were agreed upon by all persons'present.
1. The Ezra Yancey Contracting Company will work every day of the -week except•
Saturday and Sunday, and will work on Saturday if behind schedule for that
particular week.
'• 2. Vic Broyles will provide a truck and men for clean up; however, Mr.
will have.,a truck standing by to help with clean up if necessary'.
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3. All dirt will be removed from the premises unless the owner,,signs=a-statement
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he wants the dirt left on the grounds.
4. Cans will ,be installed flush with the ground' and tamped and no holes left-;
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' open at the end of the day. Clean up will ,be completed on all cans installed_;,-.
on a given day.
5. At the half -way point, eight weeks, installation was running 480 cans"behind•
schedule.
6. It is understood that our present contract is automatically cancel .led.at"any ,
4
time in the future when someone from'the Ezra Yancey Contracting Company does
J not work or if noti-fication and reason is not given at that time" and any..-.
`fir
retained money oweing Yancey Company will be used by the City,to pay the
difference.in the original bid price and a new price which might be,negot.iated
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with a new cpntractor.
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4
CITY OF SMYRNA
SMYRNA, GEORGIA
SANITATION ORDINANCE
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`
(As amended :by Mayor and •Counci 1 ' on January 9 1961 (larch 6 � .1961 A pr'i 1 ` w
22, 1963, September 14,'1964, January 9, 1967 'and February 1970.).p
An 'ordinance by the City of Smyrna, Georgia for-. the.preservation- of the
w;
health, sanitation•and safety of the public. Providing for 'the collection,
removal and ..disposal of garbage, trash_ and rubbish within the City of
Smyrna-, Georgia;
defining terms, requiring all owners, occupants, tenants
or 1 es'sees of residences, churches , 'schools col 1 eges 1 odges, and
, , comanerci al:,
industrial business,or other buildings within.the City to provide containers
and receptacles with covers for garbage and trash, specifying -that containers'
and receptacles be placed at convenient locations on the premises where they
maybe emptied
?
and the contents removed at regular intervals;' prohibiting '
anyone except agents or employees of the City of Smyrna from,emptying con-
tainers or receptacles or transporting the contents thereof on'the streets
and public thoroughfares without a from -the body;
permit governing pre-
scribing regulations for -the securing of permits; fixing schedules of
reasonable charges to be made against owners, occupants, tenants or lessees
of buildings and premises receiving the service; requiring sanitation de-
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partment inspectors to make periodic inspections of building s,.premises and
all places where garbage, trash and •accumulate
rubbish may and enforce and
'administer the provisions of the ordinance, providing a'savings�,cl'ause in
C
the event any 'part of the ordinance should be declared unconstitutional;
e
fixing.a penalty for the violation.`thereof; repealing all,ordinances.or
parts of ordinances in conflict herewith and declaring an emergency.
a
Be it ordained by the City Council of the City of Smyrna, Georgia.
'
GARBAGE; RUBBISH AND TRASH
SECTIOfJ I -
A. Garbage: The term garbage shall be held to mean all vegetable matter,
'food scraps, daily newspapers, ice
e°
cream cartons, all tissue paper and other
waste material from kitchens, grocery store's, butcher shops; restaurants,
cafes, drug stores, hotels, room and boarding houses, and -other deleterious
c
substances.
B., Rubbish: The term rubbish shall mean all plastics,''glass, metal cans,
throw away baby diapers, dog and cat litter, bundle
newspapers, razor blades,
wire, and all thr'ow.away bottles:
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C.' Trash: The term trash shall mean paint, -cans, boxes, old rags, yard
cleanings, grass`clippings, leaves,
`i
pine straw, broken toys, -tree trimmings,
grills, old,garbage cans.
_ 5
SECTION II
A. Disposition of garbage, trash,.and rubbish on streets and
vacant lots.
It shall be unlawful fcr uny person to sweep, throw or deposit any garbage,
trash, dirt, stagnant dead
water or animals into, upon•or along'any-drain
gutter, alley, sidewalks; streets or vacant lots or upon any public or private
premises within the corporate -limits of the City or to deposit -any, garbage,
'trash,
dirt or dead animals in any container provided or maintained by any .
�.W.CnRREER
• ATOR [Y.AT.�,w
�5r..ti CIyCR01<E.E RO.
owner, occupant or tenant -or lessee using or occupying any building; house or
structure, within the corporate limits of the City for residences,` scnoo-is,
X
' �OX180
churches, col 1 eges , 'lodges, commercial businesses i n any quantity, to avoid
6t-0YRNq. GA., 30080
,
providing or subscribing to a service for the pick-up of said trash
dirt p p garbage, ,
dead_anii:ials
or at the residence or the sight of the' operations of -the
business
of such persons. k
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O.W,CARREKBR
AT7'ORNEY-A AW
5C0 CHEROKEE R0,
SMYRNA. GA., 30000
F'. O NOX 103
Sanitation Ordinance
B. Maintaining property free of debris.
Page 2
1. Every person whether owner, tenant, agent of. employee owing,, holding or
occupying property in the City of Smyrna shall at all times maintain such
property, whether a vacant lot or otherwise, in a clean and sanitary condi-
tion, keeping all weeds on said property cut and keeping all waste'materiar,
trash or other rubbish of every sort cleaned off of said property. 'If any
such persons shall fail or refuse to cut the weeds,from or shall fail or,
refuse to clean up all such waste from his property within'ten days after
notice by the police department or the sanitation department of said city,
such persons shall, upon conviction, be punished as follows: by 'a fine not
to exceed $100.00, by imprisonment in the city 'jail for a period not to exceed
30 days or by work upon the public streets, sidewalks, or other public works
of said city for a period not to exceed 60 days, or by one or more or all of
these punishments. Each day of violation of.this section of this ordinance
shall constitute a separate offense.
2. Every owner of property adithin the City of Smyrna shall at alI'times main-
tain said property in a clean and sanitary condition, keeping all weeds and
undergrowth cut on such property and keeping all garbage,.rubbish, filth, dead
animals and other refuse removed from said property. If the owner of said
property shall refuse or fail to have same done or'to remove the same after
two.days written notice addressed to the owner of said property and delivered
to said property by'the police department of said city, the sanitation depart-
ment of said city shall remove said offensive matter and/or cut such weeds and
undergrowth on said property. Such work shall be done at the expense of'the
owner of said;property. Upon completion of such work, execution.shall be issued
by the clerk of the'City of Smyrna against said owner and against said property
for such expense and all cost and the person returning such property.for taxa-
tion in the City of Smyrna, or the person against whom said property may be
assessed in the event there has been:,no return of such property by the owner -of
,. same, shall be deemed to be the true owner of such property. Said execution -
shall issue and be enforced as provided by the charter of said City of -Smyrna'
as amended.
SECTION III
A. Duty of owner or occupant to provide cans or containers.
Every owner, occupant or tenant or lessee using or occupying any building,••;
house or structure within the corporate limits of the city, for residences,
churches, schools, colleges, lodges, commercial businesses, and other purposes
shall provide and maintain garbage cans and receptacles of sufficient number
and size as hereinafter specified, to hold the garbage and trash that would
normally accumulate on the premises, except that Mayor and Council may furnish
receptacles in certain instances where it is deemed to be in the best interest
of the city as provided elsewhere in this ordinance.
B. Underground garbage cans.
the City of Smyrna will install one 30 gallon can at every dwelling structure
in said city that exist or being constructed at the city's cost being located
.no more than 4 feet and no less than 2 feet from curb side. In order to re-
locate underground cans, the sanitation supervisor will be notified of reloca-
tion for final approval.
The only cost of the underground can to the citizen will be for inside liner
that will be billed on two consecutive water billings.
If additional cans are necessary to maintain proper refuge disposal, the second
can may be purchased at City Hall by persons occupying such residence at city's
cost with installation provided by city. 1:e second can will be installed only
after payment has been received at City Hall, -
SECTION IV
Requirements as to containers used for rubbish and -trash.
Each of such owners, occupants, tenants, or lessees described in the preceding
section of this ordinance shall provide containers for rubbish and trash of not
0
Sanitation Ordinance
Page 3
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G, W. C:ARREKER
ATTJ R N E V-AT-LAW
905 CHEROKEE RD.
3MYRNA, GA„ 30000
r, D Sox 103
�MYFNA. G4., 300E0
PHONE —6. 88
less than 10 and no more than 32 gallon capacity, constructed of galvanized
iron tin or other suitable material with a tight fitted lid or cover and with
handles sufficiently strong for workmen to,empty conveniently, except as pro-
vided elsewhere in this ordinance. Plastic or paper bags of such construction
to hold such matter may be used provided tops are tied and closed:
SECTION V
Lids or covers of containers to be kept secure and fastened
except when in actual use.
The lids or covers of all garbage and trash containers shall at all times be
kept secure and fastened so that flies and other insects may not have access
"to the contents thereof. Such lids or covers shall only be removed while the
containers or receptables are being filled or emptied, as 'the case may be.
SECTION VI
Placing"trash cans for collection and bundling.
r
If the house, building.or premises from which the trash is to be collected and
removed is adjacent to any alley, the owner, occupant, tenant, or lessee of
such premises shall be required to keep the trash can at the entrance of the
alley in order that it may be easily accessible to the person collecting and
removing the.trash. In the event it is not practicable to collect -and remove
the trash from an alley, the owner, occupant, tenant or lessee of,the premises
shall place the cans at such point as the proper agent of the city shall find
and designate to be the most accessible for collecting and removing.
In the event trash is of such a nature that it cannot be put in the receptable,
it shall be carefully placed in tied bundles or other suitable containers under
75 pounds so it.can be removed conveniently. Trash of this nature including
hedge cuttings"shall be placed adjacent to the street for easy pickup.`
Heavy accumulation such as construction or remodeling waste, brick, broken
concrete, sand and gravel, automobile frames and parts, dead trees and other
bulky heavy material"shall be disposed of at the expense.of owner or,person
controlling same.
SECTION VII
A. Charges for collection and removal - residential buildi.ngs.
The collection and removal of garbage and trash from houses, buildings, and
premises used for residential purpose .shall be. made twice each week. The fair
and reasonable rate for this residential service shall be $1.00 per month for
each single family dwelling. (The term single family dwelling as used herein
shall mean a building or any part thereof used exclusively as living quarters
for any number of individuals living together as a.single housekeeping unit.)
B. Charges for collection and removal of garbage at apartment
buildings.
The Sanitation Department of the City of Smyrna shall for the monthly ratg of
$2.00 per unit, adopted by Mayor and Council of the City of Smyrna,^shall
furnish dumpster type containers sufficient in size per building for removal of
garbage.
If owners of apartment projects so desire to purchase Trim Town containers, said
price to be paid to manufacturer or distributor upon delivery of containers.
The Sanitation Department of the City of Smyrna shall for the monthly rate'as
stated above, furnish two bags per week per apartment unit at -no additional cost :
to the apartment owners and shall maintain in stock a supply of additional bags.
To pick up additional bags, the -apartment managers are -to come Ao City Hall with
payment of the same. Bags will he delivered by city only after payment has been
received and sanitation department notified.
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G, W. C:ARREKER
ATTJ R N E V-AT-LAW
905 CHEROKEE RD.
3MYRNA, GA„ 30000
r, D Sox 103
�MYFNA. G4., 300E0
PHONE —6. 88
less than 10 and no more than 32 gallon capacity, constructed of galvanized
iron tin or other suitable material with a tight fitted lid or cover and with
handles sufficiently strong for workmen to,empty conveniently, except as pro-
vided elsewhere in this ordinance. Plastic or paper bags of such construction
to hold such matter may be used provided tops are tied and closed:
SECTION V
Lids or covers of containers to be kept secure and fastened
except when in actual use.
The lids or covers of all garbage and trash containers shall at all times be
kept secure and fastened so that flies and other insects may not have access
"to the contents thereof. Such lids or covers shall only be removed while the
containers or receptables are being filled or emptied, as 'the case may be.
SECTION VI
Placing"trash cans for collection and bundling.
r
If the house, building.or premises from which the trash is to be collected and
removed is adjacent to any alley, the owner, occupant, tenant, or lessee of
such premises shall be required to keep the trash can at the entrance of the
alley in order that it may be easily accessible to the person collecting and
removing the.trash. In the event it is not practicable to collect -and remove
the trash from an alley, the owner, occupant, tenant or lessee of,the premises
shall place the cans at such point as the proper agent of the city shall find
and designate to be the most accessible for collecting and removing.
In the event trash is of such a nature that it cannot be put in the receptable,
it shall be carefully placed in tied bundles or other suitable containers under
75 pounds so it.can be removed conveniently. Trash of this nature including
hedge cuttings"shall be placed adjacent to the street for easy pickup.`
Heavy accumulation such as construction or remodeling waste, brick, broken
concrete, sand and gravel, automobile frames and parts, dead trees and other
bulky heavy material"shall be disposed of at the expense.of owner or,person
controlling same.
SECTION VII
A. Charges for collection and removal - residential buildi.ngs.
The collection and removal of garbage and trash from houses, buildings, and
premises used for residential purpose .shall be. made twice each week. The fair
and reasonable rate for this residential service shall be $1.00 per month for
each single family dwelling. (The term single family dwelling as used herein
shall mean a building or any part thereof used exclusively as living quarters
for any number of individuals living together as a.single housekeeping unit.)
B. Charges for collection and removal of garbage at apartment
buildings.
The Sanitation Department of the City of Smyrna shall for the monthly ratg of
$2.00 per unit, adopted by Mayor and Council of the City of Smyrna,^shall
furnish dumpster type containers sufficient in size per building for removal of
garbage.
If owners of apartment projects so desire to purchase Trim Town containers, said
price to be paid to manufacturer or distributor upon delivery of containers.
The Sanitation Department of the City of Smyrna shall for the monthly rate'as
stated above, furnish two bags per week per apartment unit at -no additional cost :
to the apartment owners and shall maintain in stock a supply of additional bags.
To pick up additional bags, the -apartment managers are -to come Ao City Hall with
payment of the same. Bags will he delivered by city only after payment has been
received and sanitation department notified.
G. W. l,q ggEKER
AT'O qN EY-AT-LAW
sas cliennKr_e qo.
'. O f17X 153
,. of /qNn, GA., 300ei0
PHONE A3�-62AE
Sanitation Ordinance
Page 4
The City reserves the right to allow new apartment projects to use this method
of collection.
C. Churches, lodges and fraternal organizations.
Churches, lodges and fraternal organizations may elect residential type service
(twice weekly as nearby residential area is worked) on a no charge basis, how-
ever, the full commercial rate will prevail should commercial pick-up service
be.necessary or requested.
D. Businesses desiring no sanitation service.
Isolated businesses which do not need nor desire sanitary pick-up service by
the City of Smyrna may, at the direction of Mayor and Council, be permitted
to take care of their own needs.
CONTAINERIZED PICK-UP SERVICE
Mayor
and Council may, at its discretion, furnish containers
for
certain
busi-
nesses,
schools, and
apartment houses with charges to
be based
upon the
schedule
.below.
Mayor and Council
shall cause studies to be
made periodically
and
such
shall
be
used as the
basis for placing any business,
school or
apartment
house
under
this
system.
The Sanitation Department committee
shall
be responsible
for such
studies.
There
will
be no business
.in.the City of Smyrna that
will,pay
less than
the
minimum
amount of $3.00
per month for sanitation service.
CONTAINERIZED RATE SCHEDULE
SIZE
RENT
_ 1/WK ^_2/WK 3/WK
4/WK
5/WK
6/WK
1 cu.
yd
3.90
8.40 12.60 16.80
21.40
29.00
33.6C
2 cu.
yd
10.40 -
12.25 18.75 25.25
31.75-
38.25
44.75
3 cu.
yd
13.60
16.00 24.50 32.90
.41.30
49.70
58.1E
4 cu.
yd
16.95
19.95 31.45 45.05
57.80
70.55
79.9C
5 cu.
yd
19.10
22.50 35.25 48.00
60.75
73.50
86.3C
6 cu.
yd
1.9.55
23.00 38.25 52.50
66.60
80.75
94.90
8 cu.
yd
30.00
34.90 49.90 64.90
79.90
94.90
109.90
2-6 cu..yd
127.50
2-8
cu. yd
147.50
Where it is deemed necessary for any business or school to have more than one
container, the maximum charge for each additional container shall not exceed
$50.00 per container.
SECTION VIII
/ +
A. Collection of charges - duty of persons furnishing water.
To avoid duplication in billing and as a convenience to the public , -the fee for
sanitation service shall be included on the monthly water bill. Should this
service be rendered Ln any owner, occupant, tenant or lessee not being served
by the City of Smyrna public water system, such charges for this service shall
be rendered separately on a monthly basis.
B. Deposit on sanitation services.
Any person, firm or corporation desiring to operate a business in the City shall
pay a deposit for sanitation services. Said deposit to be held by the City upon
the closing of the business until after the rendering of the final bill due the
City for services.
X
Sanitation Ordinance
Page 4
0
G. W. CAR-KER
AT ORNEY-AT-W
SGS CHERc)Y.CE RD,
E MYRNA, c. 4., 30080
F. a F�cx ie3
SMVRNA, GA., :�pOAO
.'HONE 43��-62 A6
The City reserves the right to allow new apartment projects to use this method
of collection.
C. Churches, lodges.•and fraternal organizations.
Churches, lodges and fraternal organizations may elect residential type service
(twice weekly as nearby residential area is worked) on a no charge basis-, how-
ever, the full commercial rate will prevail should commercial pick-up service
be necessary or requested.
D. Businesses desiring no sanitation service.
Isolated businesses which do not need nor desire sanitary pick-up service by
the City of Smyrna may, at the direction of Mayor and Council, be permitted
to take care of their own needs.
CONTAINERIZED PICK-UP SERVICE
Mayor
and Council may, at its discretion, furnish containers for
certain
busi-
nesses,
schools, and apartment houses with charges to be based upon the schedule
below.
Mayor and Council shall cause studies to be made periodically and
such
shall
be used as the basis for placing any business, school or apartment
house
under
this system. The Sanitation Department committee shall be
responsible
for such studies.
There
will be no business in.the City of Smyrna that will pay less
than, the
minimum amount of $3.00 per month for sanitation service.
CONTAINERIZED RATE SCHEDULE
SIZE
RENT 1/WK 2/WK 3/WK 4/WK
5/'WK
6/WK
1 cu.
yd 3.90 8.40 12.60 16.80 21.40-
29.00
33.60
2 cu.
yd 10.40 12.25 18.75 25.25 31.75-
38.25
44.75
3 cu.
yd 13.60 16.00 24.50 32.90 - 41.30
49.70
58.15
4 cu.
yd 16.95 19.95 31.45 45.05 57.80
70.55
79:90
5 cu.
yd 19.10 22.50 35.25 48.00 60.75
73.50
86.30
6 cu.
yd 19.55 2.3.00 38.25 52.50 66.60
80.75
94.90
8 cu-.
yd 30.00 34.90 49.90 64.90 79.90
94.90
109.90
2-6 cu. yd
127.50
2-8 cu. yd
147.50
Where
it is deemed necessary for any business or school to have more
than
one
container,
the maximum charge for each additional container shall
not exceed
$50.00
per container.
SECTION VIII
A. Collection of charges - duty of persons furnishing` water.
To avoid duplication in billing and as a convenience to the public, the fee for
sanitation service shall be included on the monthly water bill. Should this
service be rendered to any owner, occupant, tenant or lessee not being served
by the City of Smyrna public water system, such charges for this service shall
be rendered separately on a monthly basis.
B. Deposit on sanitation services.
Any person, firm or corporation desiring to operate a business in the City shall
pay a deposit for sanitation services. Said deposit to be held by the-C i,ty upon
the closing of the business until after the rendering of the final bill due the
City for services.
Sanitation Ordinance'
i OdiPage 5
The amount of deposit will he determined by the sanitation rate of said busi-
ness. This amount is not to exceed $50.00 on any type business.
Sanitation
AMOUNT OF DEPOSIT" ON COMMERCIAL
-------"--"-"- _
Rate from: to: Amount of deposit
r
3.00 25.00 $15.00
26.00 75.00 $25.00
76.00 150.00 $50.00
Any person occupying a rental residential residence in the City of Smyrna not
being on the City water system shall pay a deposit to start sanitation service
of $6.00. This amount covers one half year's service. This amount to be re-
funded upon notice of vacating said property and status of account.
Any person purchasing property in the City of Smyrna and not on the City water
system must show proof of ownership in order to start sanitation service and
waiver deposit.
SECTION IX
To be entered by the City against owner or occupant,
suspension of service upon failure to pay.
No business license shall be issued by the City of Smyrna to any person, firm
or corporation who is indebted to 'the City for the collections and removal of
garbage and trash from the premises, of the business operated by such person,
firm
or corporation. Any failure to pay for the collection and removal of
garbage by the City from such premises which results in the suspension of such
service by the City shall constitute sufficient grounds for 'he revocation of
the license issued
by the City for such business. All business licenses revoked
by the City of Smyrna on
account of such suspension shall be done only after a
public hearing before the Mayor and Council of the City of Smyrna, at which the
holder of such business license small be given the opportunity to be heard on
whether he has failed to pay for the collection and removal of garbage and trash
from the
premises of the business at the rates specified in this ordinance, and
the reasons, therefore,
upon a determination b the y Mayor and Council at said
public hearing that the garbage collection
and removal service to such business
has been properly suspended for failure to pay for such service to the City of
Smyrna, the Mayor and Council shall be authorized to revoke the license of such
business in the City of Smyrna and after revocation such license shall be rein-
stated only after payment of all sums due the City of Smyrna for the garbage
�=
collection and removal service to that business.
SECTION X
Collection to be carried on in systematic and efficient
manner.,
The collection, removal and disposal of all garbage, trash and rubbish shall
be carried on in a systematic and efficient manner, keeping the
entire city in
a clean and sanitary condition.
SECTION XI
Duty of owner or occupant to see that cans and receptacles
are emptied; report.after five days.
Every owner, occupant, tenant, or lessee of a house or building
used for resi-
dential, business or commercial purpose is required to maintain
constant super-
�W. CARREKER
ATTORNEY-AI-LAW
vision and surveillance over the garbage and trash receptacle'on
If the
his premises.
A (i5 HF'f �1<fl
GF R1,
r
either garbage or trash receptacle should not be emptied
and the contents
flMYANf.,y,A.,300R0
AG.OY1
removed by an agent or representative of the City, or other duly
authorized
SNV."iN A, GA., 3.OBU
AtiONF.
person, for a period of five days, he must notify the Department
of Sanitation•
43E-6286
of this fact within five days.
Sanitation Ordinance
Page 6
SECTION XII
Garbage and trash to be drained before placing in cans
or receptacles.
All garbage or trash that is mixed with water or other liquids shall be
drained before putting in the garbage or trash can or receptacle. L
All animal matter that is subject to decomposition shall be well wrapped in
paper or other combustible material before being deposited in such container
' or receptacle.
r
Any business, school or apartment house having service as listed under
"Containerized Pick-up Service" shall not be subject to the restrictions
of this section.
SECTION XIII
Permit for private collection and disposal ---Requirements.
No firm or corporation, except the duly authorized agents or employees of the
City of Smyrna, shall empty garbage or trash receptacles or convey or trans-
port garbage or trash on the street, alleys, and public thoroughfares of the
City without a written permit granted and issued by the City Council of the
City of Smyrna.
SECTION XIV
Application,for permit for private collection and disposal
--- Requirements.
z'
The application for a permit required by Section 13 of this ordinance shall
set forth the name and address of the
applicant; the trade name and
the applicant does or proposes to do business the under which
applicant desire to
operate, the class, size and designeofoeachhiclvehicle;
whether or not the applicant has been
convicted of any crime involving
turpitude and upon applicant submitting`sufficient information cital
to.obtaip
.
for the y
a commercial credit report and further upon the applicant
a full financial statement to the u
city and further upon the applicantfurnii-
ing proof of public liability insurance to cover the operation
for damage to
of his vehicles
the property of others while operating said vehicles on streets
of this city; the nature and character
•
of the service the applicant proposes
to render; the experience he or it has had in rendering such
patrons for whom he
service;
proposes to render this service,'and such other i the
as the City Council of the City Smyrna nforrriation
of may require.
SECTION XV
r
'
*
Same --- investigation of application by City Council;
charges.
Any person, firm or corporation desiring a permit for the collection
and disposal of garbage, trash removal
and rubbish shall make application for such
permit to the City Council, who shall make
kl
or cause to be..made such inves�ti a-
tion as it may consider necessary in order to determine whether
g
public convenience
or not the
and necessity required the granting of such
whether the applicant is a fit and
proper person, firm or corporration'to c
duct such business. The City Council shall also determine o con -
charged for ine the
4,
such permit. amount to be
SECTION XVI
°'"'`AR"`"ER
A TYCHERIAEE
SBE
Same - non -transferable;
-- ) revocation.
CHER��IYEE RD.
RD
YMYRNA, !:A„ �OOBO �
P.O ac.I..
RNA, CAS 30080
hIIONE J
A 11 1 I perm
�� its ranted b
g y the City Council for the collection, removal and
disposal of garbage, trash
-
- .ea
and rubbish shall be non -transferable. Such
G. W, CARREKER
ATTORNEY -AT- W
EEE OHEROKCE RO.
FiMYRNA. OA„ 30�fE0
/'. O BOX tel3
SMYRNA, GA., 300E0
PHONE A3E-g2BB
Sanitation Ordinance
Page 7
permits may be rescinded by the City Council at any time when, in its judg-
ment, such action is deemed to be to the best interest of the public.
SECTION XVII
Same --- to be attached to vehicle or kept in possession
of person rendering service, inspection.
In all cases where permits have been issued for the collection, removal and
disposal of garbage, trash and rubbish, such permit shall be in the possession
of the person rendering such service, and shall be subject to inspection at
all times, and the permit shall be painted on both sides of vehicle used for
such purpose.
SECTION XVIII
Duty of Chairman of the Sanitation Department as to,
inspection and enforcement of Ordinance.
It is hereby the duty of the Chairman of the Sanitation Department or his
designated representative of the City of Smyrna to make inspection trips at
regular intervals to determine whether or not garbage, trash, and rubbish
is being properly collected, removed and disposed of as required by the
provisions of this Ordinance or any other applicable health ordinance. In
the event it is found that this Ordinance or any other applicable health
ordinance is being violated, appropriate and timely action shall be taken
to insure full compliance with its provisions.
,' SECTION XIX
Penalty.
Any person, firm or corporation violating or failing to comply with any of
the provisions of this Ordinance and upon conviction thereof, shall be fined
in a sum not to exceed $100.00,by imprisonment in the city jail not -,:to exceed
ninety (90),days, or by work on the streets or public works of the City, not
to exceed 'thirty (30) days, or as the Recorder, in his discretion, may see
fit to impose. Each day of violation of non-compliance shall constitute a
separate offense.
SECTION XX
Savings Clause.
Should any part, section, sub -section, paragraph, sentence, clause or .phrase
contained in this Ordinance be held to be unconstitutional, such holding shall
not affect the validity of the remaining portion of the Ordinance, but in all
respects said remaining portion shall be and remain in full force and effect;
and the City Council hereby declares that it would not have passed the uncon-
stitutional part had it known it was invalid and that it would have passed the
remaining part that is not invalid.
SECTION XXI
Repeal of ordinances or parts of ordinances in conflict
herewith.
That this ordinance shall be cumulative of all provisions of all ordinances of
the City of Smyrna relating to the collection, removal and disposal of garbage,
trash and rubbish except in those instances wherein the provisions of this
ordinance are in direct conflict with such other ordinances, in which instances
said conflicting provisions of other ordinances are hereby repealed.
S.
SECTION XXII
Declaring an emergency.
Sanitation Ordinance Page 8
..dam
The fact that the Governing Body of the City of Smyrna has determined that
the charges for garbage and trash service in the City of Smyrna need to be
changed in order to protect the health and general welfare of the citizens
of the City of Smyrna creates an emergency and an imperative public neces-
sity requiring that this ordinance be passed immediately and become effecti,ye.
PASSED AND APPROVED THIS THE day of �/7c,.� ,T, A.D. ,
1970.
i!
1*51
EN
�1r
t
YsG
h
r
-
1
a
r`
a
M
M O. W. CARREKHR
AT ORNEY-AT-LAW '
6e6 CHP.ROKEE RO,
6 MYRNA, GA.. 30000
P. O BOX 1.3
6MYRNA, GA., 30060 ,
PHONE ,i3ti-61fl0 " '
' 3