07182005 July 18, 2005
July 18, 2005
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The regular scheduled meeting of Mayor and Council was held at Smyrna City Hall. The
meeting was called to order by presiding officer Mayor A. Max Bacon at 7:30 o'clock p.m. All
council members were present. Also present were City Administrator Wayne Wright, City Clerk
Susan Hiott, Acting City Attorney AI Cochran, Fire Chief Jason Lanyon, Public Works Director
Scott Stokes, Police Captain Doug Carlson, Library Director Michael Seigler, Parks and
Recreation Director Steve Ciaccio, Keep Smyrna Beautiful Director Ann Kirk, Human Resources
Director Chris Corey, City Engineer Ken Hildebrandt, Community Development Director Chris
Miller, Community Relations Director Jennifer Bennett, and representatives of the press.
Invocation was given by Mr. Wright, followed by the pledge to the flag.
AGENDA CHANGES:
There were none.
MAYOR'S REPORT:
Mayor Bacon recognized Mr. Bill Askea, and provided details to those present concerning Mr.
Askea's background and experience.
LAND ISSUES/ZONINGS/ ANNEXA nONS:
(A)
Public Hearing - Variance Requests Y05-23 - Y05-026 - Oakdale Road - The Enclave at
Oakdale
· Lot 34 (Y05-023): Reduction of front yard setback from 25' to 20'
· Lot 35 (Y05-024): Reduction of front yard setback from 25' to 20'
· Lot 40 (Y05-025): Reduction offront yard setback from 25' to 15'
· Lot 4 I (Y05-026): Reduction of front yard setback from 25' to 15'
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Mr. Wright stated the plan for this development was previously approved for 110 single-family
residences. Mr. Wright stated the applicant is requesting the variances because of the presence of
stormwater easements and certain topographical features which have complicated placement of
some structures. Mr. Wright stated staff recommends approval of the requested front yard
setback reductions provided that minimum driveway lengths of 22' are maintained between the
garage faces and the edge of the sidewalk.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
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Council Member Wood recognized Mr. Hagin (phonetic), representing Planners and Engineers,
and Mr. Hagin stated that at the rear of Lot 34 there is an easement, and approval of the requested
variance will enable the builder to provide a back yard for that residence. Council Member Wood
asked Mr. Hagin if it is correct that a similar situation exists at Lot 35, and Mr. Hagin answered in
the affirmative. Mr. Hagin stated that approval of the requested variance for Lot 40 will enable
the builder to preserve back yard space for that residence. Council Member Wood asked Mr.
Hagin if it is correct that a similar situation exists at Lot 41, and Mr. Hagin answered in the
affirmative. Council Member Wood asked Mr. Hagin if the need for any additional variances is
anticipated for this project, and Mr. Hagin said no. Council Member Pritchett stated that, based
on examination of the plans for the subdivision, it appears that a variance may be needed for Lot
36. Mr. Hagin stated he believes no variance is needed for that particular lot.
2
July 18,2005
MOTION: Council Member Wood made a motion to approve Variance Request V05-023 for a
reduction in front yard setback from 25' to 20' for Lot 34 at The Enclave at Oakdale on Oakdale
Road. Council Member Wood stated approval of the variance is subject to the stipulation that a
minimum driveway length of22' is maintained between the garage face and the edge of the
sidewalk. Council Member Lnenicka asked Mr. Hagin if this stipulation is acceptable for all four
variances, and Mr. Hagin answered in the affirmative. The motion was seconded by Council
Member Lnenicka. Motion was approved 7 - O.
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MOTION: Council Member Wood made a motion to approve Variance Request V05-024 for a
reduction in front yard setback from 25' to 20' for Lot 35 at The Enclave at Oakdale on Oakdale
Road. Council Member Wood stated approval of the variance is subject to the stipulation that a
minimum driveway length of22' is maintained between the garage face and the edge ofthe
sidewalk. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O.
MOTION: Council Member Wood made a motion to approve Variance Request V05-025 for a
reduction in front yard setback from 25' to 15' for Lot 40 at The Enclave at Oakdale on Oakdale
Road. Council Member Wood stated approval of the variance is subject to the stipulation that a
minimum driveway length of22' is maintained between the garage face and the edge ofthe
sidewalk. The motion was seconded by Council Member Lnenicka. Motion was approved 7 - O.
MOTION: Council Member Wood made a motion to approve Variance Request V05-026 for a
reduction in front yard setback from 25' to 15' for Lot 41 at The Enclave at Oakdale on Oakdale
Road. Council Member Wood stated approval of the variance is subject to the stipulation that a
minimum driveway length of22' is maintained between the garage face and the edge ofthe
sidewalk. The motion was seconded by Council Member Lnenicka. Council Member Pritchett
asked if any action will be taken regarding moving the structure on Lot 36 forward. Mr. Hagin
stated adequate space exists on that lot to accommodate the proposed repositioning. Council
Member Lnenicka stated he will accept the representation as made, and that staff inspectors will
examine the site to make certain setback requirements are complied with. Mr. Miller stated that
building permits are issued for each individual lot. Mr. Miller stated the variance requests before
the city council at this meeting do not change the overall standards of the approved site plan.
Motion was approved 7 - O.
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(B) Public Hearing _ Variance Request V05-27 - Reduction of Side and Front Yard Setbacks
_ 2575 Highland Avenue - Brian Sadler
Mr. Wright stated the subject lots are adjacent and the applicant is requesting variances for
reductions in the front setbacks to 15' and the side property line setbacks to 5.' Mr. Wright stated
staff recommends approval of the requested variances provided the new residences have
driveways with a minimum length of 22' from the face of the garage to the back of curb. Mr.
Wright stated staff is also requesting the applicant to dedicate sufficient right-of-way to the City
to achieve a minimum right-of-way (ROW) width of 25' as measured from the center line of
Highland Avenue.
Mayor Bacon stated this is a public hearing and asked for public comment. There was none.
Council Member Scoggins recognized Mr. John Wells, an attorney representing the applicant,
and Mr. Wells provided details to those present concerning the applicant's proposal. Mr. Wells
stated the houses proposed for the subject property will have selling prices of over $350,000. Mr.
Wells stated the proposed structures are much larger than those currently existing on the lots, and
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July 18. 2005
3
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that these added dimensions have made the requested variances necessary. Mr. Wells stated the
applicant is agreeable to the stipulations as proposed. Council Member Lnenicka stated the
council is in receipt of a letter from Mr. Calhoun dated July 15, 2005 in which five agreeable
conditions for these two variance requests are set forth. Council Member Lnenicka asked Mr.
Wells if he is agreeable to making these five additional stipulations, as outlined in the letter from
Mr. Calhoun dated July 15, 2005, additional conditions for approval of the variances, and Mr.
Wells answered in the affirmative.
MOTION: Council Member Scoggins made a motion to approve Variance Request V05-27 for
reduction of side and front yard setbacks at 2575 Highland Avenue for Brian Sadler subject to the
five stipulations as outlined in the letter from Mr. Calhoun dated July 15, 2005. The motion was
seconded by Council Member Newcomb. Motion was approved 7 - O.
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(C) Public Hearing - Variance Requests V05-28 - Reduction of Side and Front Yard
Setbacks - 2569 Highland Avenue - Brian Sadler
MOTION: Council Member Scoggins made a motion to approve Variance Request V05-28 for
reduction of side and front yard setbacks at 2569 Highland A venue for Brian Sadler subject to the
five stipulations as outlined in the letter from Mr. Calhoun dated July 15,2005. (Clerk's Note: A
copy of the letter from Mr. Calhoun dated July 15, 2005 is appended hereto as exhibit "A") The
motion was seconded by Council Member Pritchett. Motion was approved 7 - O.
(D) Public Hearing - Variance Requests V05-29 - Exchange of Creek Buffer - 2731 North
Avenue - New Smyrna Properties, LLC
Mr. Wright stated the applicant proposes to encroach within the City's 50-foot creek buffer for a
driveway and corner of a residence on Lot 4. Mr. Wright stated the area to be encroached on
amounts to 329 s.f., and the applicant has requested to exchange the 329 s.f. encroachment for an
equivalent amount of space outside the buffer. Mr. Wright stated the City Engineer has reviewed
the proposed buffer encroachment and exchange, and has no objections since no structures enter
the state's required 25-foot creek buffer. Mr. Wright stated staff recommends approval of the
variance request.
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Mayor Bacon stated this is a public hearing and asked for public comment, and the oath was
administered to at least one person by Mr. Cochran.
Council Member Scoggins recognized Mr. Price Futrell, and asked Mr. Futrell to provide details
to those present concerning this variance request. Mr. Futrell stated a drainage ditch located on
the subject property was identified and accomodations must be made to provide a buffer for this
water route. Mr. Futrell stated the State mandated stream buffer will be maintained. Council
Member McNabb asked Mr. Futrell which direction water runoff will flow from the impervious
surface of the driveway. Mr. Futrell stated the water runoff is expected to flow into a stormwater
detention structure which will be built for these new homes.
Mayor Bacon recognized Ms. Paula Kramer, residing at 1551 Walker Street, and Ms. Kramer
expressed concern about increased land disturbance which she believes could result from this
proposal. Ms. Kramer expressed the view that, because of the topography of the subject land,
some fill may be needed to bring the planned driveway up to a level grade. Ms. Kramer
expressed the view that allowing buffer encroachments establishes a dangerous precedent. Ms.
Kramer stated the subject water route carries a large volume of water during storms and can
expand from its normal bank limits. Council Member Scoggins provided details to those present
concerning storm water management measures which are being taken by developers building new
housing in the City. Council Member Newcomb stated Ms. Kramer brought the subject water
July 18, 2005
4
route to the City officials' attention during the rezoning hearing for the subject tract. Council
Member Newcomb stated that, although he believes the detention structure will help control
water runoff in the subject area, he is reluctant to compromise a City environmental protection
standard which he is proud of. Mr. Futrell stated that storm water runoff from the subject
property will be routed into a detention structure. Mr. Futrell stated every effort will be made to
protect the creek in the subject area. Mr. Futrell stated the City staffs analysis indicates that no
negative impact is anticipated to result from this plan. Council Member Lnenicka stated pervious
material could be used for the driveway on the subject property in order to reduce water runoff.
Council Member McNabb asked Mr. Futrell to have a curb installed on the subject property to
help make certain water is channeled into the detention structure. Council Member McNabb
stated this would be an additional protective measure to help compensate for the protection which
is being relinquished through approval of the variance. Council Member McNabb stated this type
of curb installation would be a reasonable and affordable measure for the builder to take. Mr.
Futrell stated he would be willing to agree to a curb installation as suggested as a condition of
approval of the variance.
MOTION: Council Member Scoggins made a motion to approve Variance Request V05-029 for
exchange of creek buffer at 2731 North Avenue for New Smyrna Properties, LLC provided the
applicant installs a curb structure on Lot 4 for channeling water runoff towards the detention
structure for the subject development. The motion was seconded by Council Member Pritchett.
Motion was approved 6 - 1, with Council Member Newcomb in opposition.
(E) Public Hearing - Ordinance 2005-16 - Zoning Code Amendment to Section
514.1 {Outside Display, Storage and Sale of Merchandise} - Additional Regulations
pertaining to non-residential zoning Areas
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MOTION: Council Member Newcomb made a motion to table Zoning Code amendment to
Section 514.1 {Outside Display, Storage and Sale of Merchandise} until the August 15, 2005
meeting. The motion was seconded by Council Member Pritchett. Motion was approved 7 - O.
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PRIVILEGE LICENSE:
There were none.
FORMAL BUSINESS:
(A) Approval of name change for apartment complex - 2350 Cobb Parkway - Lincoln
Property Company
Mr. Wright stated Lincoln Property Company has requested to change the name of the Worthing
Galleria apartments at 2350 Cobb Parkway to WyndcliffGalleria. Mr. Wright stated the fire
marshal, city engineer and building inspection department have reviewed the application and
have expressed no objections to the proposed name change.
MOTION: Council Member Pritchett made a motion to approve the name change for the
apartment complex at 2350 Cobb Parkway from Worthing Galleria to Wyndc1iffGalleria. The
motion was seconded by Council Member Newcomb. Motion was approved 7 - O.
(B) Appointment of Ward 5 representative to the Parks and Recreation Commission
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July] 8, 2005
5
MOTION: Council Member Smith made a motion to appoint Dale LaValley, residing at 5006
Rose Court, to the Ward 5 post on the Parks and Recreation Commission. The motion was
seconded by Council Member Wood. Motion was approved 7 - O.
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COMMERCIAL BUILDING PERMITS:
There were none.
CONSENT AGENDA:
(A) Approval of July, 2005 Minutes
(B) Approval of revised Smyrna Municipal Court Bond Schedule / Fine Table
A comparison of the fines from the City of Smyrna with those of the other cities in Cobb
County, and several cities throughout Georgia of comparable size to the City of Smyrna
was done. The recommended fine schedule reflects amounts that are more in line.
Adoption ofthe revised Smyrna Municipal Court Bond Schedule / Fine Table for
implementation as of July 18, 2005 is recommended.
(C)
Approval of a 5K run benefiting MUST Ministries
The race course should be reviewed by the Police Department and recommendations for
intersection(s) control/adjustment should be made and communicated to the race
organizer. The quality oftheir events is known to staff and the event took place for the
first time in 2004 without incident. Blue Sky Sports is supporting the run logistics
through their inventory of equipment to include traffic cones, water tables, water coolers,
and race planning processes. Approval of the course as proposed and with intersections
manned as proposed by the Smyrna Police Department is recommended.
..
(D) Approval to move various funds from 25000 Court Services in the amount of $165,972 to
Police Department Account 34500
As of July 1,2005, the Probation Division has moved from Court Services to Police
Department. Funding needs to be moved from Court Services Budget to Police
Department Budget. Approval of moving a total of $165,072 from Court Services
Budget, 25000, to Police Department under supervision of Police Captain, Administration
is recommended.
(E) Request for special event in the Market Village (Jamaican Reggae Summer Festival-
Jamaican Independence Day) on Saturday, August 6, 2005
Requested street closings are as follows: Top semi-circle of the Market Village at the
Atlanta Road entrance, fountain area pass-by closed to vehicle traffic ending at the edge
of the drives on the sides of Atkins Park Tavern and Cafe Michel. Vehicle traffic is to be
allowed from the end ofthe fountain area through the remainder of the Market Village,
leaving parking and traffic lanes open to residents and other merchants. Streets would be
closed from approximately 9:00 a.m. on Saturday, August 6 through cleanup after the
event, occurring around or after midnight. Approval of Market Village activities for
Saturday, August 6, 2005 is recommended.
MOTION: Council Member Wood made a motion to approve the consent agenda. The
motion was seconded by Council Member Scoggins. Motion was approved 7 - O.
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Julv 18, 2005
6
COMMITTEE REPORTS:
Council Member Pritchett recognized Mr. Stokes, and Mr. Stokes provided details to those
present regarding current Public Works Department projects. Council Member Pritchett thanked
Mr. Stokes and the Public Works Department staff for their extra efforts during and after storm
events.
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Council Member Pritchett recognized Ms. Kirk, and Ms. Kirk provided details to those present
concerning current Keep Smyrna Beautiful activities.
Council Member Newcomb recognized Mr. Miller, and Mr. Miller provided details to those
present concerning current building permit statistics. Mr. Miller provided details to those present
concerning new members of the Community Development Department's enforcement staff.
Council Member Scoggins recognized Ms. Hiott, and Ms. Hiott provided information pertaining
to current court operations to those present. Ms. Hiott stated that some members of the court
services staff have recently attended training, and that the Spanish language class conducted for
court services personnel was recently completed. Ms. Hiott provided details to those present
concerning the revised bond schedule.
Council Member McNabb recognized Mr. Seigler, and Mr. Seigler provided statistics concerning
current library use to those present. Mr. Seigler provided details to those present concerning
recent and upcoming library programs and events.
Council Member McNabb recognized Ms. Bennett, and Ms. Bennett provided details to those
present regarding upcoming concerts and events. Mayor Bacon stated he received favorable
comments regarding the City staff and facilities from some of the participants in the ceremony for
General Croley's promotion.
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Council Member McNabb recognized Mr. Ciaccio, and Mr. Ciaccio provided details to those
present regarding parking provisions for upcoming events. Mr. Ciaccio provided details to those
present regarding future City events.
Council Member Smith recognized Mr. Corey, and Mr. Corey provided details to those present
concerning positions for which the City is currently recruiting.
Council Member Lnenicka recognized Captain Carlson, who had no report.
Council Member Lnenicka recognized Chief Lanyon, and Chief Lanyon provided details to those
present concerning progress on the construction of the new fire station building on Spring Road.
Mayor Bacon expressed appreciation to the fire department members who assisted his son
recently when his house sustained damage from a falling tree during a storm. At Council
Member Lnenicka's request, Chief Lanyon provided details to those present concerning
Firefighter Davis, who will be deployed overseas soon with his army reserve unit.
Council Member Lnenicka commented favorably on the ceremony for General Croley's
promotion held at the Veterans Memorial. Council Member Lnenicka wished his niece Ashley a
happy birthday.
Council Member Wood recognized Ms. Edgar, who had no report.
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July 18, 2005
7
Mayor Bacon stated that representatives of the City of Stockbridge recently visited Smyrna to
obtain ideas to revitalize and redevelop their own downtown area. Mayor Bacon stated there will
be a grand opening soon for a new housing development on King Springs Road.
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CITIZENS INPUT:
There was none.
ADJOURNMENT:
With no further business, t e meeting was adjourned at 9:05 p.m.
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BILL SCOGGINS, WARD 3
CH~~E~W~~
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RON NEWCOMB, WARD 2
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WADE S. LNENICKA, WARD 6
. Ju1. 15. 2005 3:17PM
BROCK CLAY
No.2616 P. 2
\.
BROCK
ClAY
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July 18, 2005
Exhibit A
BROCK. CLAY
& CALHOUN, P.C.
49 Atlanta Street
Marietta Georgia 30060
TeIepIIDIIe: 770.422.1776
Facsimile: 770.426.6155
www.brodc:Jay.com
Richard W. Calhoun
E-mail: rrajhnl....1llbmclcclll)..com
Direct Dial: 678.784.3502
July 15.2005
Mayor Arthur M. Bacon
Members of Smyrna City Council
The City of Smyrna
3180 Atlanta Road
P. O. Box 1226
Smyrna, GA 30081
RE: Applicant: Roselane. LLC
Owner: Betty Jean Lamb
Variancc Request V05-027
2575 HigblandAvenue
""
Applicant: Roselane, LLC
Owner: Greg Jeffares
. Variance Request VOS-028
2569 Highland Avenue
Roselane, LLC
Dear Mayor Bacon and Members of Smyrna City Council:
Please accept this letter as the owners' and applicant's agreeable conditions to the grant of the
req,tiested setback variances in the above applications.
1. The applicant and owners agree to dedicate to the City sufficient right ofway to achieve a
minimum right of way width of25 feet as measured from the center line of Highland
Avenue, consistent with previous dedications for similar developments. (Highland
Avenue appears to have a 40 foot right of way width, which would therefore call for a 5
foot right ofway dedication.)
2. The front setback line for each lot will be 15 feet from the new right of way line
established pursuant to stipulation number 1 above (20 feet from the existing right of way
line). .
...
, J u 1. 15. 2005 3 : 17 PM
BROCK CLAY
No.2616 P. 3
......
Mayor Arthur M. Bacon
Members of Smyrna City Counsel
July 15,2005
PlWC 2
3. Side setbacks on each side of the subject lots shall be 5 feet from the side property line.
4. The existing residences on each lot will be removed and the new residence to be
constructed on each lot shall have a minimmn driveway length of22 feet from the face of
the garage to the back of the street curb.
5. The homes to be constructed on the subject property shall be similar in concept to the
Donald A. Gardner Architects, Inc. renderings attached hereto as Exhibi18 "A" and "B".
. .
It is anticipated that the homes to be constructed on the subject property will be marketed in the
high $300,000 price range.
The appliamt and owners appreciate the cooperative attitude the City has shown in this and
similar ma~ and respectfully request that the above described variances be granted so as to
facilitate the construction of new homes upon these properties and the redevelopment of the
general area in which these properties are l~ted.
Thank you for your consideration in this matter.
~ . Y01.1TS truly,
BROCK, CLAY & CALHOUN, P.C. .
~~
Richard W. Calhoun
For the Firm
RWC:mgc
Enclosure
cc: Brian Sadler
l.~ u.c R.0SE1. ~ stipuIBIiDnk:Ucr 07.1'-llS.wpo:t .
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,Ju1. 15. 2005 3:17PM BROCK CLAV
Donald A. Gardner Architects --> The Heartland Plan Details
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TotCllliving: 2,470s.f.
First floor: 1/667 s.t.
Second floor: 803 s.f.
8Qnus room: 318 s.f.
Bedrooms: 4
Baths: 2-1/2
Price Category: C ..
Foundation: Crawl Space
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Style: Country
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The Heartland -- [Plan W-945 ]
Basement (Optional)
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[ Main View] [ First Floor plan ]f Second Floor Plan ][ Rear Elevation]
1.800.388.7580
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Donald A. Gardner Architects --> The Ledgestone Plan Details
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The Ledgestone -- [ Plan:: W-l006 )
front rendering
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floor plans / elevations
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IE First Floor Pian .
rn Second Floor Plan
rn R~ar Elevation
rn easement (Optional)
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rn Plan Description
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Total Hvlng: 2,425 s.f.
Arst floor: 1,648 s.f.
Second floor: 777 s.f.
6onu5 room; 353 5.f.
Bedrooms: 4
Baths: 2-1/2
pr.ic:e Cah!!gciry~ C
. Founcl~rion~ Crawl SpacB
Alternate Foundations:
aasement
Style:' Traditional
CnIft5man
Nartow Lot
House: 48 X 57
Great RoQm: "18 X 18
Master Bedropm: 15 X 14
C 2Q03 Di:arY14 A. Gardner, Inc.
alternate views
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The Ledgestone -- [ Plan W-l006 ]
First Floor Plan
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The Ledgestone -- [Plan W-I006]
Second Floor plan
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1.800.388.7580
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lJonald A. Uardner - House Pla.n Search
No.2616 P. 12
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The Ledgestone -- [Plan W-l006]
Rear Elevation
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The Ledgestone -- [Plzm W-l00"6 J
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BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LV AP* POPIDF** IDF (2) DO
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% 5% TOTAL
_ *L V AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case) **POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
PERMIT UNLAWFUL OPERATION OF VEHICLE 40-1-3 200.00 10.00 20.00 20.00 10.00 260.00
PROFANE OR LEWD WORD/DEVICES PROHIBITED 40-1-4 100.00 5.00 10.00 10.00 5.00 130.00
REGISTRATION AND LICENSING OF MOTOR VEHICLES
(JURISDICTION OCGA 40-13-22)
USE OF PLATE TO CONCEAL OR MISREPRESENT 40-2-5 500.00 25.00 50.00 50.00 25.00 650.00
(500.00 min fine)
ALTERED PLATE 40-2-6 200.00 10.00 20.00 20.00 10.00 260.00
REMOVE OR AFFIX PLATE TO MISREPRESENT 40-2-7 200.00 10.00 20.00 20.00 10.00 260.00
FAILURE OF NEW RESIDENT OF STATE TO
REGISTER VEHICLE WITHIN 30 DAYS 40-2-8(a) 100.00 5.00 10.00 10.00 5.00 130.00
(10000 max fine)
DRIVING WITHOUT LICENSE PLATE 40-2-8(b)(1 ) 100.00 5.00 10.00 10.00 5.00 130.00
DRIVING WITHOUT CURRENT REV ALIDA TlON DECAL 40-2-8(b)( I) 100.00 5.00 10.00 10.00 5.00 130.00
F AlLURE TO DISPLAY COUNTY DECAL 40-2-8( c) 25.00(FIRST) 1.25 2.50 2.50 1.25 32.50
(25.00 max fine Isl; lOO.OOmax fine 2nd) 100.00(SECOND) 5.00 10.00 10.00 5.00 130.00
FAILURE TO REGISTER NEW OR USED VEHICLE
(NEW OWNER HAS 30 DAYS TO REGISTER) 40-2-8(b)(2) 100.00 5.00 10.00 10.00 5.00 130.00
(100.00 max fine) (see OCGA 40-2-20 for guidelines for new or used owners)
NO REV ALIDA TlON DECAL 40-2-8.1 25.00 1.25 2.50 2.50 1.25 32.50
'-" NO TAG 40-2-20 100.00 5.00 10.00 10.00 5.00 130.00
IMPROPER USE OF DEALER LICENSE PLATE 40-2-38 100.00 5.00 10.00 10.00 5.00 130.00
DRIVING WITH LICENSE PLATE NOT DISPLAYED 40-2-41 300.00 15.00 30.00 30.00 15.00 390.00
DRIVING WITH OBSTRUCTED LICENSE PLATE 40-2-41 100.00 5.00 10.00 10.00 5.00 130.00
IMPROPER TRANSFER OF LICENSE PLATE OR
DECAL 40-2-42 100.00 5.00 10.00 10.00 5.00 130.00
FALSE REPORT OF THEFT OR CONVERSION 40-3-92 300.00 15.00 30.00 30.00 15.00 390.00
REMOVE OR FALSIFY ID NO. OF VEHICLE OR MOTOR 40-4-21(a) 400.00 20.00 40.00 40.00 20.00 520.00
DRIVER'S LICENSES
(JURISDICTION OCGA 40-5-124)
OPERATING MOTOR VEHICLE WITHOUT DRIVER'S 40-5-20(a) 500.00( I ") 25.00 50.00 50.00 25.00 650.00
LICENSE 750.00(2"d) 37.50 50.00 75.00 37.50 950.00
INVALID LICENSE 40-5-20 200.00 10.00 20.00 20.00 10.00 260.00
NEW RESIDENT HAS 30 DAYS TO OBTAIN LICENSE 40-5-20(a) 80.00 4.00 8.00 8.00 4.00 104.00
OPERATING MOTOR VEHICLE WITHOUT PROPER
CLASS OF LICENSE 40-5-20(a) 80.00 4.00 8.00 8.00 4.00 104.00
OPERATING MOTOR VEHICLE WITHOUT LICENSE
WHILE BEING TOWED 40-5-20(b) 60.00 3.00 6.00 6.00 3.00 78.00
POSSESSION OF MORE THAN ONE DRIVER'S LICENSE 40-5-20(c) 300.00 15.00 30.00 30.00 15.00 390.00
'-" VIOLATION OF CLASS D LICENSE RESTRICTION 40-5-24(b)( I )(A) 100.00 5.00 10.00 10.00 5.00 130.00
(I 2:00AM TO 6:00AM)(certain exceptions apply)
1
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
L VAP* POPIOF** IOH2) DO
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% 5% TOTAL
~ *L V AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case) **POPIOF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
NO LICENSE ON PERSON 40-5-29(a) 10.00 .50 1.00 1.00 .50 13.00
(10.00 max fine)
FAILURE TO COMPL Y WITH CONDITIONS OF
RESTRICTED DRIVER'S LICENSE (VIOLATION OF 40-5-30( c) 300.00 15.00 30.00 30.00 15.00 390.00
LIMITED PERMIT) REFER TO GUIDELINE OCGA
40-5-64 (c) (1-5)
EXPIRED DRIVER'S LICENSE 40-5-32(a) 120.00 6.00 12.00 12.00 6.00 156.00
FAILURE TO CHANGE NAME OR ADDRESS ON 40-5-33 50.00 2.50 5.00 5.00 2.50 65.00
LICENSE WITHIN 60 DAYS
HABITUAL VIOLA TOR (MISDEMEANOR) 40-5-58(c)( I) 1,000.00 50.00 50.00 100.00 50.00 1,250.00
(OPERATING MOTOR VEHICLE AFTER
EXPIRATION OF 5 YRS. FROM VIOLATION)
(HV STATUS)
OBTAINING OR POSSESSING ANOTHER STATE'S
LICENSE WHILE GA LICENSE SUSPENDED 40-5-65 200.00 10.00 20.00 20.00 10.00 260.00
DISPLAYING OR POSSESSING CANCELED,
REVOKED OR SUSPENDED DRIVER'S LICENSE 40-5-120(1 ) 200.00( I") 10.00 20.00 20.00 10.00 260.00
DRIVING WHILE LICENSE SUSPENDED OR REVOKED
(48hrs min-I",lOdays min 2ad I 500min I ",1000min - 40-5-121(a) 600.00(1") 30.00 50.00 60.00 30.00 770.00
2500max-2nd) 1,500.00(2ad) 75.00 50.00 150.00 75.00 1,850.00
2,500.00(3RD) 125.00 50.00 250.00 125.00 3,050.00
**IF SUSPENDED FOR VGCSA CONVICTION ($750.00 MINIMUM) 750.00(1 ST) 32.50 50.00 75.00 907.50
~ NO PERSON SHALL PERMIT UNLICENSED PERSON 120.00 12.00 12.00
TO DRIVE 40-5-122 6.00 6.00 156.00
NO PERSON SHALL PERMIT HIS UNLICENSED 40-5-123 120.00 6.00 12.00 12.00 6.00 156.00
CHILD OR WARD TO DRIVE WHILE UNDER 18
YRS. OF AGE
IMPROPER USE OF LICENSE 40-5-125 200.00 10.00 20.00 20.00 10.00 260.00
UNIFORM RULES OF THE ROAD
(JURISDICTION OCGA 40-13-21,40-6-370)
SECTION 12-2. UNIFORM RULES OF THE ROAD ADOPTED
FAILURE TO OBEY POLICE OFFICER, FIREMAN 40-6-2 120.00 6.00 12.00 12.00 6.00 156.00
OR CROSSING GUARD DIRECTING TRAFFIC
SOUND MAKING DEVICE LIMITS WITHIN VEHICLE 40-6-14(a) 100.00 5.00 10.00 10.00 5.00 130.00
(Plainly audible at a distance of 100 ft or more)
SUSPENDED REGISTRATION 40-6-15 500.00( I ") 25.00 50.00 50.00 25.00 650.00
($500 min I", $1000 min 2.d) 1000.00(2.d) 50.00 50.00 100.00 50.00 1250.00
PASSING EMERGENCY VEHICLE - CAUTION 40-6-16 500.00 25.00 50.00 50.00 25.00 650.00
VIOLATION OF TRAFFIC-CONTROL DEVICE 40-6-20( a) 80.00 4.00 8.00 8.00 4.00 104.00
(examples-:violation: running red light, traffic control sign, men working,etc.)
VIOLATION OF FLASHING RED (STOP SIGNAL) 40-6-23(1 ) 80.00 4.00 8.00 8.00 4.00 104.00
VIOLATION OF YELLOW SIGNAL (CAUTION SIGNAL) 40-6-23(1 ) 80.00 4.00 8.00 8.00 4.00 104.00
VIOLATION OF LANE DIRECTION CONTROL SIGNAL 40-6-24 80.00 4.00 8.00 8.00 4.00 104.00
DEFACING TRAFFIC SIGNAL, TRAFFIC SIGN 40-6-26(a) 200.00 1000 20.00 20.00 10.00 260.00
.~ OR RAILROAD SIGN(fine + restitution)
2
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LV AP* POPIDF** IDF(2) DO
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% 5% TOTAL
~ *L V AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case) **POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
DRIVING ON HIGHWAY CLOSED TO PUBLIC 40-6-26(b) 80.00 4.00 8.00 8.00 4.00 104.00
FAILURE TO MAINTAIN CORRECT LANE 40-6-40(a) 80.00 4.00 8.00 8.00 4.00 104.00
F AlLURE TO STAY IN RIGHT LANE 40-6-40(b) 80.00 4.00 8.00 8.00 4.00 104.00
IMPEDING NORMAL FLOW OF TRAFFIC 40-6-40( d) 80.00 4.00 8.00 8.00 4.00 104.00
(TWO VEHICLES SIDE BY SIDE)
IMPROPER PASSING 40-6-42( I) 80.00 4.00 8.00 8.00 4.00 104.00
(CUTTING IN ON VEHICLE BEING PASSED)
INCREASING OF SPEED WHILE BEING PASSED 40-6-42(2) 80.00 4.00 8.00 8.00 4.00 104.00
IMPROPER PASSING (ON SHOULDER OF ROAD) 40-6-43(b) 80.00 4.00 8.00 8.00 4.00 104.00
IMPROPER PASSING (WiTHIN 200FT. OF 40-6-44 80.00 4.00 8.00 8.00 4.00 104.00
ONCOMING TRAFFIC)
IMPROPER PASSING (ON HILL OR CURVE) 40-6-45 (a)( I) 100.00 5.00 10.00 10.00 5.00 130.00
IMPROPER PASSING (WITHIN 100FT. OF INTERSECTION, 40-6-45(a) 80.00 4.00 8.00 8.00 4.00 104.00
RR OR BRIDGE
IMPROPER PASSING (SOLID YELLOW LINE) 40-6-46(b) 80.00 4.00 8.00 8.00 4.00 104.00
WRONG WAY ON ONE- WAY STREET 40-6-47(b) 80.00 4.00 8.00 8.00 4.00 104.00
FAIL TO MAINTAIN LANE 40-6-48 80.00 4.00 8.00 8.00 4.00 104.00
~ FOLLOWING TOO CLOSELY 40-6-49(a) 80.00 4.00 8.00 8.00 4.00 104.00
CROSSING MEDIAN ON DIVIDED HIGHWAY 40-6-50 80.00 4.00 8.00 8.00 4.00 104.00
DRIVING INTO OR FROM A CONTROLLED 40-6-51 80.00 4.00 8.00 8.00 4.00 104.00
ACCESS ROADWAY EXCEPT AT ESTABLISHED
ENTRANCES AND EXITS
F AlLURE TO YIELD RIGHT OF WAY AT 40-6-70(a) 80.00 4.00 8.00 8.00 4.00 104.00
INTERSECTION TO VEHICLE APPROACHING
FROM OPPOSITE DIRECTION
F AlLURE TO YIELD RIGHT OF WAY WHILE 40-6- 7 I 80.00 4.00 8.00 8.00 4.00 104.00
TURNING LEFT
FAILURE TO STOP FOR STOP SIGN 40-6-72(b) 80.00 4.00 8.00 8.00 4.00 104.00
FAILURE TO SLOW OR STOP FOR YIELD SIGN 40-6- 72( c) 80.00 4.00 8.00 8.00 4.00 104.00
FAILURE TO YIELD RIGHT OF WAY WHILE 40-6- 73 80.00 4.00 8.00 8.00 4.00 104.00
ENTERING OR CROSSING ROADWAY FROM PLACE
OTHER THAN A ROADWAY
(example: failure to yield from driveway)
F AlLURE TO YIELD RIGHT OF WAY TO 40-6-74(a) 200.00 10.00 20.00 20.00 10.00 260.00
EMERGENCY VEHICLE
(must have both audible and visual signal)
FAILURE TO YIELD AUTHORIZED MAINTENANCE 40-6-75(a) 80.00 4.00 8.00 8.00 4.00 104.00
VEHICLE OR PEDESTRIAN ENGAGED IN WORK
(must be in highway construction or maintenance area indicated by traffic devices)
F AlLURE TO YIELD RIGHT OF WAY TO 40-6-75(b) 80.00 4.00 8.00 8.00 4.00 104.00
AUTHORIZED VEHICLE DISPLAYING AMBER
-.. LIGHTS (must be engaged in work and have a permit)
3
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LV AP* POPIDF** 1DF(2) DO
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% 5% TOTAL
"-" *LV AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case) **POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
PEDESTRIAN FAILING TO OBEY POLICE OFFICER 40-6-90(a) 80.00 4.00 8.00 8.00 4.00 104.00
OR TRAFFIC CONTROL DEVICE
FAILURE TO YIELD RIGHT OF WAY TO 40-6-91 (a) 100.00 5.00 10.00 10.00 5.00 130.00
PEDESTRIAN
PEDESTRIAN DARTING OUT IN TRAFFIC 40-6-91 (b) 80.00 4.00 8.00 8.00 4.00 104.00
IMPROPER PASSING (PASSING STOPPED VEHICLE 40-6-91 (d) 80.00 4.00 8.00 8.00 4.00 104.00
THAT'S PERMITTING PEDESTRIAN TO CROSS ROAD
AT INTERSECTION)
PEDESTRIAN CROSSING ROADWAY DIAGONALLY 40-6-92(d) 80.00 4.00 8.00 8.00 4.00 104.00
WITHOUT AUTHORIZATION
DRIVER FAILED TO EXERCISE DUE CARE FOR 40-6-93 120.00 6.00 12.00 12.00 6.00 156.00
PEDESTRIANS UPON ANY ROADWAY
(use of proper precaution particularly for children or any
obviously confused, incapacitated, or intoxicated person)
FAILURE TO YIELD RIGHT OF WAY TO BLIND 40-6-94 120.00 6.00 12.00 12.00 6.00 156.00
PEDESTRIAN
(must be carrying walking cane or white stick or guide dog)
PEDESTRIAN UNDER THE INFLUENCE OF 40-6-95 200.00(1" ) 10.00 20.00 20.00 10.00 260.00
ALCOHOL OR DRUGS 300.00(2nd ) 15.00 30.00 30.00 15.00 390.00
(on roadway or shoulder ofroadway)(max 500.00) 500.00(3'd) 25.00 50.00 50.00 25.00 650.00
PEDESTRIAN FAILING TO WALK ON 40-6-96 25.00 1.25 2.50 2.50 1.25 32.50
SIDEWALKS WHEN PROVIDED
~ PEDESTRIAN FAILING TO WALK ON SHOULDER 40-6-96(b) 25.00 1.25 2.50 2.50 1.25 32.50
(IF NO SIDEWALK IS PROVIDED)
PEDESTRIAN FAILING TO WALK FACING 40-6-96(b) 25.00 1.25 2.50 2.50 1.25 32.50
TRAFFIC ON A TWO LANE ROAD
PEDESTRIAN FAILING TO YIELD RIGHT OF WAY 40-6-96( d) 80.00 4.00 8.00 8.00 4.00 104.00
TO ALL VEHICLES
PEDESTRIAN FAILING TO STOP FOR RR 40-6-96(1) 80.00 4.00 8.00 8.00 4.00 104.00
CROSSING BARRIER
PEDESTRIAN SOLICITING RIDES OR BUSINESS 40-6-97 80.00 4.00 8.00 8.00 4.00 104.00
DRIVING THROUGH SAFETY ZONE 40-6-98 80.00 4.00 8.00 8.00 4.00 104.00
PEDESTRIAN FAILING TO YIELD RIGHT OF WAY 40-6-99(a) 110.00 5.50 11.00 11.00 5.50 143.00
TO EMERGENCY VEHICLE
**MAKING IMPROPER RIGHT TURN 40-6-120(a)(1 ) 80.00 4.00 8.00 8.00 4.00 104.00
**MAKING IMPROPER LEFT TURN 40-6-120(a)(2) 80.00 4.00 8.00 8.00 4.00 104.00
FAILURE TO OBEY TURNING DEVICE 40-6-120(b) 80.00 4.00 8.00 8.00 4.00 104.00
MAKING IMPROPER U TURN (ON CURVE) 40-6-121(1 ) 80.00 4.00 8.00 8.00 4.00 104.00
(ON GRADE) 40-6-121 (2) 80.00 4.00 8.00 8.00 4.00 104.00
(UNSAFE MANNER) 40-6-121(3) 80.00 4.00 8.00 8.00 4.00 104.00
MAKING PROHIBITED U-TURN 40-6-121(4) 80.00 4.00 8.00 8.00 400 104.00
(POSTED/MARKED)
IMPROPER STARTING OF STOPPED, STANDING 40-6-122 80.00 4.00 8.00 8.00 4.00 104.00
"-" OR PARKED VEHICLE UNTIL MOVEMENT CAN BE
MADE WITH SAFETY
4
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
...... OFFENSE LVAP* POPIDF** IDF(2) DD
CODE SECTION CASH BOND 5% 10%<50.00 10% 5% TOTAL
*LV AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case)
**POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
MAKING IMPROPER TURN 40-6-123(a) 80.00 4.00 800 8.00 4.00 104.00
(FAILURE TO BE IN PROPER POSITION)
MAKING IMPROPER USE OF SIGNAL LIGHTS 40-6-123(b) (e) (d) 25.00 1.25 2.50 2.50 1.25 32.50
FAILURE TO USE PROPER SIGNALS 40-6-124(a) 25.00 1.25 2.50 2.50 1.25 32.50
IMPROPER USE OF HAND SIGNALS 40-6-125 25.00 1.25 2.50 2.50 1.25 32.50
IMPROPER USE OF CENTRAL TURN LANE 40-6-126 80.00 4.00 8.00 8.00 4.00 104.00
F AlLURE TO STOP FOR APPROACHING TRAIN 40-6-140(a) 120.00 6.00 12.00 12.00 6.00 156.00
FAILURE TO STOP FOR RR BARRIERS 40-6-140(b) 120.00 6.00 12.00 12.00 6.00 156.00
F AlLURE TO STOP FOR RR CROSSING 40-6-141 120.00 6.00 12.00 12.00 6.00 156.00
FAILURE BY DRIVER OF TAXI, SCHOOL BUS,
GAS TRUCK TO STOP AT RAILROAD CROSSING 40-6-142 300.00 15.00 30.00 30.00 15.00 390.00
FAIL TO STOP FROM ALLEY OR DRIVEWAY INTO STREET 40-6-144 80.00 4.00 8.00 8.00 4.00 104.00
FA[L TO STOP FOR SCHOOL BUS LOAD[NG/ UNLOADING 40-6-163(a) 300.00 15.00 30.00 30.00 15.00 390.00
DRIVING TOO FAST FOR CONDITIONS 40-6-180 80.00 4.00 8.00 8.00 4.00 104.00
*** ANY SPEEDING VIOLATION INVOLVING A SCHOOL ZONE OR WORK ZONE WILL BE APPLICABLE FINE AMOUNT PLUS $50.00***
SPEEDING- 1st 10-14 MPH OVER LIMIT 40-6-181 80.00 4.00 8.00 8.00 4.00 104.00
2nd 90.00 4.50 9.00 9.00 4.50 117.00
'-" 3'd 100.00 5.00 10.00 10.00 5.00 130.00
4'h 110.00 5.50 11.00 11.00 5.50 143.00
5th 120.00 6.00 12.00 12.00 6.00 156.00
1st 15-19 MPH OVER L1M[T 90.00 4.50 9.00 9.00 4.50 117.00
2nd 100.00 5.00 10.00 10.00 5.00 130.00
3m 110.00 5.50 11.00 11.00 5.50 143.00
4th 120.00 6.00 12.00 12.00 6.00 156.00
5th 130.00 6.50 13.00 13.00 6.50 169.00
1 st 20-24 MPH OVER LIMIT 100.00 5.00 10.00 10.00 5.00 130.00
2nd 110.00 5.50 11.00 11.00 5.50 143.00
3m [20.00 6.00 12.00 12.00 6.00 156.00
4th 130.00 6.50 13.00 13.00 6.50 169.00
5th 140.00 7.00 14.00 14.00 7.00 182.00
1st 25-29 MPH OVER LIMIT 120.00 6.00 12.00 12.00 6.00 156.00
2ND 130.00 6.50 13.00 13.00 6.50 169.00
3RD 140.00 7.00 14.00 14.00 7.00 182.00
4TH 150.00 7.50 15.00 15.00 7.50 195.00
5TH 160.00 8.00 16.00 16.00 8.00 208.00
1 ST 30-34 MPH OVER LIMIT 150.00 7.50 15.00 15.00 7.50 195.00
2ND 160.00 8.00 16.00 16.00 8.00 208.00
3RD 170.00 8.50 17.00 17.00 8.50 221.00
4TH 180.00 9.00 18.00 18.00 9.00 234.00
5TH 190.00 9.50 19.00 19.00 9.50 247.00
1ST 35 & OVER MPH OVER LIMIT 200.00 10.00 20.00 20.00 10.00 260.00
2'"' 220.00 11.00 22.00 22.00 11.00 286.00
3RD 240.00 12.00 24.00 24.00 12.00 312.00
4TH 260.00 13.00 26.00 26.00 13.00 338.00
5TH 280.00 14.00 28.00 28.00 14.00 364.00
~
5
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LV AP* POPIDF** ID F(2) DD
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% 5% TOTAL
..... *L V AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case)
**POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
IMPEDING FREE FLOW OF TRAFFIC 40-6- I 84(a) 80.00 4.00 8.00 8.00 4.00 104.00
RACING ON HIGHWAYS OR STREETS 40-6-1 86(b) 500.00 25.00 50.00 50.00 25.00 650.00
LEAVING MOTOR VEHICLE UNATTENDED 40-6-20 I 80.00 4.00 8.00 8.00 4.00 104.00
STOPPING, STANDING, OR PARKING OUTSIDE
OF BUSINESS OR RESIDENTIAL DISTRICT 40-6-202 80.00 4.00 8.00 8.00 4.00 104.00
PARKING IN FIRE LANE 40-6-203 80.00 4.00 8.00 8.00 4.00 104.00
STOPPING, STANDING, OR PARKING WHERE 40-6-203.(a)(1 )
PROHIBITED IN SPECIFIED PLACES THRU 40-6-203.(a)(3) 80.00 4.00 8.00 8.00 4.00 104.00
OBSTRUCTING AN INTERSECTION 40-6-205 80.00 4.00 8.00 8.00 4.00 104.00
PARKING IN HANDICAP PLACE 40-6-226 200.00 (l~) 10.00 20.00 20.00 10.00 260.00
(100min-SOOmax) 300.00 (2nd) 15.00 30.00 30.00 15.00 390.00
IMPROPER BACKING (UNSAFE MANNER) 40-6-240(a) 80.00 4.00 8.00 8.00 4.00 104.00
IMPROPER BACKING ON SHOULDER 40-6-240(b) 80.00 4.00 8.00 8.00 4.00 104.00
OR CONTROLLED ACCESS ROADWAY
DRIVER TO EXERCISE DUE CARE 40-6-241 50.00 2.50 5.00 5.00 2.50 65.00
;a;- OBSTRUCT DRIVER'S VIEW OR HIS ABILITY TO
CONTROL THE VEHICLE 40-6-242(a) 50.00 2.50 5.00 5.00 2.50 65.00
INTERFERENCE BY A PASSENGER WITH DRIVER'S
~ VIEW OR CONTROL 40-6-242(b) 50.00 2.50 5.00 5.00 2.50 65.00
OPENING VEHICLE DOORS AND INTERFERING
WITH TRAFFIC 40-6-243 50.00 2.50 5.00 5.00 2.50 65.00
RIDING IN HOUSE TRAILER 40-6-244 50.00 2.50 5.00 5.00 2.50 65.00
COASTING 40-6-246 80.00 4.00 8.00 8.00 4.00 104.00
FOLLOWING EMERGENCY VEHICLE 40-6-247 200.00 10.00 20.00 20.00 10.00 260.00
CROSSING FIRE HOSE (PLUS DAMAGES) 40-6-248 200.00 10.00 20.00 20.00 10.00 260.00
LITTERING ON HIGHWAYS 40-6-249 300.00 15.00 30.00 30.00 15.00 390.00
($\00.00 min, $1000.00 max)
WEARING DEVICE, WHICH IMPAIRS HEARING/
VISION 40-6-250 80.00 4.00 8.00 8.00 4.00 104.00
LAYING DRAGS 40-6-251(a) 300.00 15.00 30.00 30.00 15.00 390.00
(must move in a zigzag or circular course or gyrate or spin around)
PARKING OR DRIVING THRU "NO THRU ZONE" 40-6-252 50.00( 1~) 2.50 5.00 5.00 2.50 65.00
(50.00 max fine_1st, IOOmax-2OO, 15Q,QOmax_3rd) 100.00(2nd) 5.00 10.00 ]0.00 5.00 130.00
150.00(3n1) 7.50 15.00 15.00 7.50 ]95.00
OPEN CONTAINER 40-6-253 200.00 10.00 20.00 20.00 10.00 260.00
(20000 max fine)
F A]LURE TO SECURE LOAD 40-6-254 100.00 5.00 10.00 10.00 5.00 130.00
"'" DR]V]NG A WAY WITHOUT PAYING FOR GAS 40-6-255 100.00 5.00 ]0.00 10.00 5.00 130.00
~
6
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LV AP* POPIDF** IDF(2) DO
OFFENSE CODE SECTION CASH BOND 5% ]0%<50.00 ]0% 5% TOTAL
~ *L V AP= Local Victim Assistance Programs -OCGA 15-2]-13] (Every Case)
**POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-2]-73 (Every Case)
FAILURE TO STOP AT OR RETURN TO SCENE OF 40-6-270 600.00(1") 30.00 50.00 60.00 30.00 770.00
ACCIDENT WITH DEATH, INJURY OR DAMAGE 1,000.00(2nd) 50.00 50.00 100.00 50.00 1,250.00
1,000.00(3Cd) 50.00 50.00 100.00 50.00 1,250.00
FAILURE TO GIVE INFORMATION AND RENDER AID
TO ACCIDENT SCENE 40-6-270(a)(1-3) 400.00 20.00 40.00 40.00 20.00 520.00
FAILURE TO PERFORM DUTY UPON STRIKING
UNATTENDED MOTOR VEHICLE 40-6-272 300.00 15.00 30.00 30.00 15.00 390.00
F AlLURE TO PERFORM DUTY UPON STRIKING
FIXTURE 40-6-273 300.00 15.00 30.00 30.00 15.00 390.00
DUTY TO PROVIDE INFORMATION AT ACCIDENT 40-6-273.1 400.00 20.00 40.00 40.00 20.00 520.00
FAIL TO MOVE ACCIDENT VEHICLE 40-6-275 80.00 4.00 8.00 8.00 4.00 104.00
BICYCLE EQUIPMENT 40-6-296 60.00 3.00 6.00 6.00 3.00 78.00
IMPROPER OPERATION OF MOTORCYCLE
(BETWEEN LANES OF TRAFFIC OR VEHICLES) 40-6- 312(c) 80.00 4.00 8.00 8.00 4.00 104.00
(MORE THAN 2 ABREAST IN SAME LANE) 40-6-312(d) 80.00 4.00 8.00 8.00 4.00 104.00
FAILURE TO HAVE HEADLIG HT
AND TAILLIGHT ILLUMINATED (MOTORCYCLE) 40-6-312(e) 80.00 4.00 8.00 8.00 4.00 104.00
FAILURE OF OPERATOR AND PASSENGER TO 40-6-311 (e) 80.00 4.00 8.00 8.00 4.00 104.00
WEAR SHOES ON MOTORCYCLES
CARRYING PASSENGER WITH NO FOOTREST 40-6-314(a) 80.00 4.00 8.00 8.00 4.00 104.00
.,...,
IMPROPER HANDLEBARS (MORE THAN IS" 40-6- 314(b) 80.00 4.00 8.00 8.00 4.00 104.00
ABOVE SEAT)
RIDING MOTORCYCLE WITH NO HELMET ON 40-6-315(a) 90.00 4.50 9.00 9.00 4.50 117.00
RIDING MOTORCYCLE WITH NO 40-6-315(b) 90.00 4.50 9.00 9.00 4.50 117.00
WINDSHIELDNISOR
RIDING MOPED WITHOUT DRIVER'S LICENSE 40-6-35 I 90.00 4.50 9.00 9.00 4.50 117.00
RIDING MOPED WITHOUT PROTECTIVE 40-6-352(a) 90.00 4.50 9.00 9.00 4.50 117.00
HEADGEAR
RECKLESS DRIVING 40-6-390(a) 300.00 (I ST ) 15.00 30.00 30.00 15.00 390.00
600.00 (2ND) 30.00 50.00 60.00 30.00 770.00
Brain/Spinal-lO% Crime Victim Em. Fund Crime Lab Fee Photo-Legal Notice
(OCGA 15-21-149) (OCGA 15-21-112) (OCGA 42-8-34) (OCGA 40-6-391 (j)(2))
D.U.!. 70.00 26.00 25.00 700.00 (I ST) 35.00 50.00 70.00 35.00 1011.00
40-6-391 a 100.00 26.00 25.00 25.00 1,000.00 (2ND) 50.00 50.00 100.00 50.00 1,426.00
250.00 26.00 25.00 25.00 2,500.00 (3RD) 125.00 50.00 250.00 125.00 3,376.00
ENDANGERING A CHILD BY D.U.!. 40-6-391(1) 300.00 (1 ST) 15.00 30.00 30.00 15.00 390.00
(UNDER AGE 14)(300min-IOOOmax) 500.00 (2ND) 25.00 50.00 50.00 25.00 650.00
**3RD OFFENSE (FELONY - STATE CASE)
FLEEING OR ATTEMPTING TO ELUDE AN OFFICER 40-6-395(a) 600.00 (1 ST) 30.00 50.00 60.00 30.00 770.00
'!ft. (SOOmin, lOOOmax-lS\ IOOOmin, 2S00max-lnd, 2500min, SOOOmax-3rd) 1,500.00 (2ND) 75.00 50.00 150.00 75.00 1,850.00
(jail min- 10 days.l'\ 30 days_2nd, 90 days_3rd) 2,500.00 (3RD) 125.00 50.00 250.00 125.00 3050.00
AGGRESSIVE DRIVING 40-6-397 400.00(1 ST) 20.00 40.00 40.00 20.00 520.00
~ 600.00(2ND) 30.00 50.00 60.00 30.00 770.00
1,000.00(3RD) 50.00 50.00 100.00 50.00 1,250.00
7
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LVAP* POPIDF** 1DF(21 DD
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% 5% TOTAL
...., *LV AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case) **POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
ALL OTHER TRAFFIC VIOLATIONS 100.00 5.00 10.00 10.00 5.00 130.00
OFF-ROAD VEHICLES
OFF-ROAD VEHICLE W/ NO BRAKES OR MUFFLERS 40-7-4.1 70.00 3.50 7.00 7.00 3.50 91.00
OFF-ROAD VEHICLE ON PRIVATE PROPERTY
W/OUT PERMISSION OF OWNER 40-7-4.2 70.00 3.50 7.00 7.00 3.50 91.00
EOUIPMENT AND Il'iSPECTION OF MOTOR VEHICLES
DRIVING VEHICLE WITH VEHICLE OR LOAD
DRAGGING ON HIGHWAY 40-8-3 70.00 3.50 7.00 7.00 3.50 91.00
FAILURE TO DISPLAY EMBLEM ON SLOW
MOVING VEHICLE (TRIANGULAR) 40-8-4(a) 70.00 3.50 7.00 7.00 3.50 91.00
OPERATING MOTOR VEHICLE WITH
ALTERED SUSPENSION (MORE THAN 27
INCHES FROM STREET TO LOWEST
POINT ON FRAME) 40-8-6(b) 100.00 5.00 10.00 10.00 5.00 130.00
IMPROPER EQUIPMENT 40-8- 7 60.00 3.00 6.00 6.00 3.00 78.00
OPERATING MOTOR VEHICLE WITHOUT
HEADLIGHTS WHEN REQUIRED 40-8-20 60.00 3.00 6.00 6.00 3.0 78.00
OPERATING MOTOR VEHICLE WITH
IMPROPER TAILLIGHTS (HEIGHT OF NO
,.., MORE THAN 60 INCHES NOR LESS THAN 20 INCHES) 40-8-23 60.00 3.00 6.00 6.00 3.00 78.00
NO REFLECTORS(VEHICLE, TRAILER, SEMITRAILER) 40-8-24 60.00 3.00 6.00 6.00 3.00 78.00
NO BRAKE LIGHTS 40-8-25 60.00 3.00 6.00 6.00 300 78.00
FAILURE TO DISPLAY LIGHTS OR FLAG ON
PROJECTED LOAD (EXTENDS 4 FEET OR
MORE FROM BED OR BODY OF VEHICLE) 40-8-27 60.00 3.00 6.00 600 3.00 78.00
FAILURE TO HAVE LIGHTS ON PARKED
VEHICLE (WHEN NOT VISIBLE FOR 500 FEET
ON STREET OR HIGHWAY) 40-8-28 60.00 3.00 6.00 6.00 3.00 78.00
IMPROPER LIGHTS (MORE THAN ONE
SPOTLIGHT OR TWO FOG LIGHTS ON
VEHICLE) 40-8-29 60.00 3.00 6.00 6.00 3.00 78.00
FAILURE TO DIM HEADLIGHTS 40-8-3 I 60.00 3.00 6.00 6.00 3.00 78.00
OPERATING MOTOR VEHICLE OR
MOTORCYCLE WITH IMPROPER BRAKES
(NO BRAKES) 40-8-50 75.00 3.75 7.50 7.50 3.75 97.50
OPERATING MOTOR VEHICLE WITH IMPROPER
HORN, SIREN, BELL, OR WHISTLES ON
UNAUTHORIZED VEHICLE 40-8-70 60.00 3.00 6.00 6.00 300 78.00
OPERATING A VEHICLE WITH NO MIRROR 40-8-72 60.00 3.00 6.00 6.00 3.00 78.00
OPERATING A VEHICLE WITH NO WIPERS OR
WITH IMPROPER WINDSHIELD/WINDOW 40-8- 73 60.00 3.00 6.00 6.00 300 78.00
~ WINDOW TINT VIOLA nON 40-8- 73.1 60.00 3.00 6.00 6.00 300 78.00
(ONLY VEHICLE REGISTERED IN GEORGIA)
8
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LV AP* POPIDF** IDF(2) DO
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% 5% TOTAL
....., *L V AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case)
**POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
OPERATING VEHICLE WITH IMPROPER TIRES
(UNSAFE) (NOT LESS THAN 2/32 INCH TREAD OR
NO EXPOSED BODY CORD) 40-8-74 60.00 3.00 6.00 6.00 300 78.00
FAILURE TO USE CHILD RESTRAINT
(4 OR UNDER) 40-8-76 50.00 (1 ") 50.00
(50max-l~t, lOOmax_2nd) 100.00 (2nd) 100.00
F AlLURE TO USE SAFETY BELT FOR MINOR 40-8-76.I(e)(3) 25.00 25.00
(25max)(over 4 years old and under 18 years old)
NO SEAT BELT 40-8-76.I(e)(2) 15.00 15.00
OPERATING UNAUTHORIZED VEHICLE WITH
FLASHING BLUE LIGHTS 40-8-90 300.00 15.00 30.00 30.00 15.00 390.00
OPERATING EMERGENCY VEHICLE WITH
EXPIRED OR NO EMERGENCY LIGHT PERMIT 40-8-92 220.00 11.00 22.00 22.00 11.00 286.00
UNAUTHORIZED VEHICLE WIRED AMBER LIGHTS 40-8-92b 220.00 11.00 22.00 22.00 11.00 286.00
VISIBLE EMISSIONS FROM VEHICLE 40-8-181 100.00 5.00 10.00 10.00 5.00 130.00
EMISSIONS
OPERATING MOTOR VEHICLE WITHOUT
EMISSION INSPECTION CERTIFICATE 12-9-55 100.00(1 ") 5.00 10.00 10.00 125.00
(Jurisdiction OCGA 36-32-8)(50min-1000max) 200.00(2nd) 10.00 20.00 20.00 250.00
'-"
MOTOR VEHICLE ACCIDENT INSURANCE
(JURISDICTION OCGA 40-13-21,40-6-370)
F AIL TO MAINTAIN INSURANCE COVERAGE 40-6-IO(a)(I) 400.00 (1ST) 20.00 40.00 40.00 20.00 520.00
600.00 (2ND) 30.00 50.00 60.00 30.00 770.00
1,000.00 (3RD) 50.00 50.00 100.00 50.00 1,250.00
FAILURE TO SHOW PROOF OF INSURANCE 40-6-1 O( a)(4) 25.00 1.25 2.50 2.50 1.25 32.50
ALLOWING ANOTHER TO OPERATE VEHICLE WITH 40-6-1 O(b) 400.00 (I ST) 20.00 40.00 40.00 20.00 520.00
NO INSURANCE 600.00 (2ND) 30.00 50.00 60.00 30.00 770.00
1,000.00 (3RD) 50.00 50.00 100.00 50.00 1,250.00
PERSON KNOWINGLY MAKES FALSE 40-6-IO(c) 500.00 (I ST) 25.00 50.00 50.00 25.00 650.00
STATEMENT OR CERTIFICATION OF INSURANCE
OPERATING MOTORCYCLE WITHOUT INSURANCE 40-6-11 400.00 20.00 40.00 40.00 20.00 520.00
ALCOHOL VIOLATIONS
(JURISDICTION - OCGA 36-32-10 FOR CODE SECTION OCGA 3-3-23)
PUBLIC DRUNK (16-11-41) 66-6 200.00 (1 ST) 10.00 20.00 20.00 250.00
300.00 (2ND) 15.00 30.00 30.00 375.00
500.00 (3RD) 25.00 50.00 50.00 625.00
PURCHASE, POSSESSION, OR CONSUMPTION 3-3-23 300.00 15.00 30.00 30.00 375.00
BY OR FOR UNDERAGE (I" offense only)
ALL OTHER VIOLATIONS OF CITY 6-1 THRU 6-165 500.00 25.00 50.00 25.00 62500
OF SMYRNA ALCOHOL ORDINANCE
'-" INCLUDING SALE OF ALCOHOL TO UNDERAGE
9
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LVAP POPIDF IDF(2)
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% TOTAL
,..., *L V AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case)
**POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
MISCELLANEOUS STATE LAW CHARGES
Drug Treatment-50% Crime Lab Fee
V.G.C.S.A. (POSSESSION OF LESS THAN (OCGA 15-21-100) (OCGA 42-8-34)
I OZ. MARIJUANA)(Jurisdiction OCGA 36-32-6) 250.00 25.00 500.00 (1 ST) 25.00 50.00 50.00 900.00
16-13-02(b) 300.00 25.00 600.00 (2ND) 30.00 50.00 60.00 1,065.00
400.00 25.00 800.00 (3RD) 40.00 50.00 80.00 1,395.00
THEFT BY SHOPLIFTING ($300.00 OR LESS
IN V ALUE)(Jurisdiction OCGA 36-32-9) 16-8-14 400.00 (1 ST) 20.00 40.00 40.00 480.00
500.00 (2ND) 25.00 50.00 50.00 625.00
1,000.00(3RD) 50.00 50.00 100.00 1,200.00
ANIMAL CONTROL
ALL VIOLATIONS 14-1 THRU 14-79 100.00 5.00 10.00 10.00 125.00
BAIL BONDSMEN
ALL VIOLATIONS 22-66 THRU 22-298 250.00 12.50 25.00 25.00 312.50
BUILDINGS & CONSTRUCTION
ALL VIOLATIONS 18-1 THRU 18-172 250.00 12.50 25.00 25.00 312.50
18-167 (ONLY) 500.00 25.00 50.00 50.00 625.00
.-., FINANCE & TAXATION
ALL VIOLATIONS 94-26 THRU 94-62 500.00 25.00 50.00 50.00 625.00
FLOOD DAMAGE PREVENTION
ALL VIOLA nONS 54-1 THRU 54-65 200.00 10.00 20.00 20.00 250.00
HEALTH & SANITATION
ALL VIOLA nONS 46-1 150.00 (1 ST) 7.50 15.00 15.00 187.50
500.00 (2ND) 25.00 50.00 50.00 625.00
750.00 (3RD) 37.50 50.00 75.00 912.50
MASSAGE PRACTITIONERS
ALL VIOLA nONS 22-141 THRU 22-146 500.00 25.00 50.00 50.00 625.00
MOBILE HOMES AND TRAVEL TRAILERS
ALL VIOLATIONS 62-1 250.00 12.50 25.00 2500 312.50
OCCUPATIONAL LICENSES & REGULATIONS
ALL VIOLATIONS 22-1 THRU 22-298 500.00 25.00 50.00 50.00 625.00
'"
..
10
BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LVAP POPIDF IDF2
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% TOTAL
...., *L V AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case)
**POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
OFFENSES AND MISCELLANEOUS PROVISIONS
VIOLATIONS OF CITY ORDINANCE CODES
DISCHARGING AIR RIFLE, PELLET GUN, 66-1 250.00 12.50 25.00 25.00 312.50
CROSSBOW, SLINGSHOT, OR SIMILAR DEVICE
FIREARMS VIOLATION 66-2 250.00 12.50 25.00 25.00 312.50
DISORDERLY CONDUCT 66-3 300.00 (I ST) 15.00 30.00 30.00 375.00
500.00 (2ND) 25.00 50.00 50.00 625.00
700.00 (3RD) 35.00 50.00 70.00 855.00
REMOVAL OF SHOPPING CARTS 66-13 250.00+50.00 (I ST) 12.50 25.00 25.00 312.50
500.00+100.00 (2ND) 25.00 50.00 50.00 625.00
700.00+120.00 (3RD) 35.00 50.00 70.00 855.00
MODIFYING LETTER BOXES 66-5 150.00 7.50 15.00 15.00 187.50
SPITTING IN PUBLIC BUILDINGS 66-15 25.00 1.25 2.50 2.50 31.25
PUBLIC INTOXICATION 66-6 200.00 (I ST) 10.00 20.00 20.00 250.00
300.00 (2ND) 15.00 30.00 30.00 375.00
500.00 (3RD) 25.00 50.00 50.00 625.00
DAMAGE TO CITY PROPERTY 66-7 250.00 12.50 25.00 25.00 312.50
11> BOARDING & ROOMING HOUSES 22-1 250.00 12.50 25.00 25.00 312.50
ACCESS OF OFFICERS
BUILDING FIRES / CAMPING IN PUBLIC PLACES 66-8 250.00 12.50 25.00 2500 312.50
......
FASTENING BILLS, ETC. TO POLES AND TREES 66-9 100.00 5.00 10.00 10.00 125.00
OFFENSES AGAINST PROPERTY 66-10 250.00 12.50 25.00 25.00 312.50
66-IOB & C 100.00 (1ST) 5.00 10.00 10.00 125.00
150.00 (2ND) 7.50 15.00 15.00 187.50
200.00 (3RD) 10.00 20.00 20.00 250.00
LOITERING 66-11 200.00 10.00 20.00 20.00 250.00
PROWLING 66-17 200.00 10.00 20.00 20.00 250.00
BURGLAR AND FIRE ALARMS
ALL VIOLATIONS 42-1 THRU 42-66 500.00 25.00 50.00 50.00 625.00
PARKS & RECREATION
ALL VIOLA nONS 70-1 THRU 70-64 150.00 7.50 15.00 15.00 187.50
PEDDLERS & SOLICITORS
ALL VIOLA nONS 74-1 THRU 74-44 150.00 7.50 15.00 15.00 187.50
SOIL EROSION. SEDIMENTATION CONTROL
AND TRIBUTARY PROTECTION
ALL VIOLATIONS 46-1 THRU 46-118 500.00 25.00 50.00 50.00 625.00
STREETS AND SIDEWALKS
ALL VIOLATIONS 90-1 THRU 93-35 150.00 7.50 15.00 15.00 187.50
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BOND SCHEDULE FOR THE CITY OF SMYRNA MUNICIPAL COURT
ADOPTED JUNE 6,2005
LV AP* POPIDF** 1DF(2)
OFFENSE CODE SECTION CASH BOND 5% 10%<50.00 10% TOTAL
,..., *L V AP= Local Victim Assistance Programs -OCGA 15-21-131 (Every Case) **POPIDF= Peace Officer, Prosecutor and Indigent Defense Fund -OCGA 15-21-73 (Every Case)
TRAFFIC
(OTHER THAN ADOPTED STATE TRAFFIC LAW)
OVERNIGHT PARKING 98-4 100.00 5.00 10.00 10.00 125.00
TRUCK ROUTES 98-5 100.00 5.00 10.00 10.00 125.00
TRUCK ROUTES 98-6 100.00 5.00 10.00 10.00 125.00
UTILITIES AND SERVICES
ALL VIOLATiONS 102-1 THRU 102-42 300.00 15.00 30.00 30.00 375.00
VEHICLES FOR HIRE
ALL VIOLATiONS 110-26 THRU 110-77 150.00 7.50 15.00 15.00 187.50
CONTEMPT OF COURT
F AlLURE TO APPEAR (COURT ONLY) 40-13-63 100.00 5.00 10.00 10.00 125.00
F AlLURE OF WITNESS TO APPEAR OR TESTiFY 34-28 100.00 5.00 10.00 10.00 125.00
CONTEMPT OF COURT 34-29 100.00 5.00 10.00 10.00 125.00
SEe. 6618 (COBB COUNTY BOARD OF HEALTH AND GEORGIA DEPARTMENT OF JUMAN RESOURCES RULES AND REGULATIONS)
PER INTERGOVERNMENTAL AGREEMENT WITH THE COBB COUNTY BOARD OF HEALTH FOR CITATIONS ISSUED BY THEIR DEPARTMENT
WITHIN THE CITY.
~ RULES AND REGULATiONS FOR ON-SITE SEWAGE MANAGEMENT SYSTEMS 500.00 25.00 50.00 50.00 625.00
ORDINANCE CONCERNING NUISANCE 500.00 25.00 50.00 50.00 625.00
REGULATiONS CONCERNING TRAILER PARKS 500.00 25.00 50.00 50.00 625.00
FOOD SERVICE RULES AND REGULATIONS 500.00 25.00 50.00 50.00 625.00
RULES AND REGULATiONS FOR SWIMMING POOLS 500.00 25.00 50.00 50.00 625.00
RULES AND REGULATiONS FOR TOURIST ACCOMMODATIONS 300.00 15.00 30.00 30.00 375.00
RECOMMENDED BOND SCHEDULE CHANGES THIS 18th DAY OF JULY, 2005.
EFFECTIVE UPON APPROVAL BY MAYOR AND COUNCIL.
STANLEY E. HOOK, CHIEF OF POLICE
E. ALTON CURTIS, JR. , JUDGE
,...,
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