LandCode
AtlantaCode of Ordinances — Part II (General Ordinances)

Chapter 106 — Offenses and Miscellaneous Provisions

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§ 106-1

Swinging into trains.

Sec. 106-1. Swinging into trains.

It shall be unlawful to swing onto trains for the purpose of securing a free ride thereon. (Code 1977, § 14-10006; Ord. No. 2017-11(17-O1130), § 1, 3-29-17)

§ 106-2

Solicitation of defense of prisoners or legal business.

Sec. 106-2. Solicitation of defense of prisoners or legal business.

It shall be unlawful for any person to idle and loiter around the station house, municipal judge's courtroom or the entrance thereto for the purpose of soliciting the defense of prisoners in the municipal court or in any way soliciting legal practice from these prisoners, in person or as agent for another, whereby money is attempted to be secured or is secured from these prisoners. However, this shall not prohibit prisoners from summoning attorneys or from conferring with attorneys who have been employed by them or by their relatives for them, and the turnkey and other officers shall promptly telephone for attorneys desired by these prisoners. The purpose of this section is to prohibit the solicitation of legal business or representation either by these persons or their agents or employees in the manner stated in this section. (Code 1977, § 3-1085)

§ 106-3

Gathering near detention facility, jail or courthouse; furnishing items to incarcerated persons.

Sec. 106-3. Gathering near detention facility, jail or courthouse; furnishing items to incarcerated persons.

(a)It shall be unlawful for any person to gather in or about the station house, jail, detention facility, courthouse or other city-owned property in violation of the rules and policies of the facility or for the purpose of violating the law.
(b)It shall be unlawful for anyone other than persons duly authorized by the office of corrections to provide, transmit, deliver, give or furnish to anyone held or incarcerated as a defendant, prisoner, arrested person or one being interviewed in connection with a violation of the law at any city jail or detention facility any item, whatsoever, without first obtaining the approval of the person in charge at such facility. (Code 1977, § 3-1084(c), (d))
§ 106-4

Impersonating or wearing uniform of police officer.

Sec. 106-4. Impersonating or wearing uniform of police officer.

(a)It shall be unlawful for any person, not a police officer in the city, to act as a police officer or represent such person as a police officer.
(b)It shall be unlawful for any person who is not a police officer, without authority, to wear the uniform or any distinctive part thereof or anything similar to a distinctive part thereof which has been designed and approved by the police chief or the chief's designee as a uniform for police officers of the City of Atlanta. (Code 1977, § 11-2051)

State law reference—Impersonating a public officer or employee, O.C.G.A. § 16-10-23.

§ 106-5

Furnishing identification containing reference to age.

Sec. 106-5. Furnishing identification containing reference to age.

It shall be unlawful for any person to furnish to any other person any identification material which contains or makes reference to age, with the intent that such material be used by any person for the purpose of falsely representing the age of such person, so as to violate or foster the violation of an ordinance of the city. (Code 1977, § 17-11001)

State law reference—False identification documents, O.C.G.A. § 16-9-4.

§ 106-6

Registering under assumed name.

Sec. 106-6. Registering under assumed name.

No person shall register at any hotel, motel or other place of lodging requiring registration in the city under an assumed name, or any name other than that by which such person is commonly known. (Code 1977, § 17-11002)

§ 106-7

Passenger stations.

Sec. 106-7. Passenger stations.

Any person entering any railroad, bus or rapid rail passenger station and violating its rules or obstructing the business of the authorities in charge thereof may be ordered out by the police officer in charge, and upon refusal to leave shall be arrested and tried for a violation of this section; however, those rules shall be reasonable and approved by the council. (Code 1977, § 17-3005)

State law reference—Criminal trespass, O.C.G.A. § 167-21.

§ 106-8

Smoking and drinking prohibited on MARTA buses, trains, rail cars.

Sec. 106-8. Smoking and drinking prohibited on MARTA buses, trains, rail cars.

It shall be unlawful for occupants on Metropolitan Atlanta Rapid Transit Authority (MARTA) buses, trains or rail cars to smoke tobacco or consume alcoholic beverages while such buses, trains or rail cars are transporting passengers within the corporate limits of the city. Charter bus service is excluded from these restrictions. (Code 1977, § 17-11003)

Cross reference—Indoor air, § 86-31 et seq.

§ 106-9

Smoking in certain areas within city buildings and facilities.

Sec. 106-9. Smoking in certain areas within city buildings and facilities.

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

Smoking means inhaling, exhaling, burning or carrying a lighted tobacco product including cigarettes, cigars, and pipe tobacco.

Vapor product means any noncombustible product containing nicotine that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form. The term 'vapor product' shall include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and any vapor cartridge or other container of nicotine in a solution or other form that is intended to be used with or in an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device. (See OCGA § 16-12-170)

(b)No person shall smoke or vape in or upon buildings and facilities owned or operated by the City of Atlanta.
(c)The department of enterprise asset management officer shall cause to have posted at the entrances of all city employee occupied buildings, signs stating: "Smoking is Prohibited".
(d)The department of enterprise assets management officer shall be responsible for implementing this section.
(e)Appropriate signage shall be installed throughout the public areas of city buildings and facilities.
(f)Every person who fails to comply with the provisions of this Article shall be guilty of an infraction, punishable by:
(1)A fine not exceeding $100.00 for a first violation.
(2)A fine not exceeding $200.00 for each additional violation within one year.
(Code 1977, § 17-11007; Ord. No. 2004-51, §§ 1, 2, 8-20-04; Ord. No. 2019-38(19-O-1205), § 5, 7-9-19; 2021-32(21-O-0394), § 10, 7-14-21)

Cross references—Smoking at Hartsfield-Jackson Atlanta International, § 22-68; indoor air, § 86-31 et seq.

§ 106-10

Distribution of free tobacco products in public places prohibited.

Sec. 106-10. Distribution of free tobacco products in public places prohibited.

(a)Generally. In order to avoid obstruction and congestion of public ways and places, to protect pedestrians from annoyance and invasion of privacy, to avoid litter and to avoid facilitating the availability of cigarettes or other tobacco or smoking products to minors, no person in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes, or any agent or employee of any such person, shall, in the course of such business, distribute any cigarettes or other tobacco or smoking products free to any person on any public street or sidewalk, or in any park or playground, or any other public ground, or in areas open to the public in any publicly-owned or -operated building.
(b)Violation. Any person who violates the provisions of subsection (a) of this section shall be punished by a fine of not less than $20.00 nor more than $50.00 for each violation. Every hour or part thereof in which a person engages in such conduct shall constitute a single and separate violation. (Code 1977, § 17-11008)
§ 106-11

Use of drinking water reservoir prohibited.

Sec. 106-11. Use of drinking water reservoir prohibited.

(a)Generally. It shall be unlawful for any person not employed by, or authorized to act on behalf of, the city, to use any drinking water reservoir or water treatment structure operated or maintained by the city for swimming, bathing or otherwise immersing a person or such person's clothing.
(b)Violation. Any person who violates any provision of this section shall be subject to a fine not to exceed $1,000.00 or imprisonment in the city jail or stockade for not more than six months, or both such fine and imprisonment. (Code 1977, § 17-11011)
§ 106-12

Urban camping and improper use of public places.

Sec. 106-12. Urban camping and improper use of public places.

(a)Definitions. The following words, terms and phrases, when used in this section 106-12, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

"Bridge" means a structure, including the approaches thereto, erected in order to afford passage over any obstruction in any public road, railroad, or other right-of-way; or to afford passage under or over existing public roads, railroads, or other rights-of-way. As used in this section the definition of "Bridge" shall include a controlled access highway overpass as defined herein.

"Camp" or "camping" means the use of a street, sidewalk, other right-of-way, and/or any area underneath a bridge, within the City of Atlanta for living accommodation purposes such as sleeping activities, or making preparations to sleep (including the laying down of bedding for the purpose of sleeping), or storing personal belongings, or making a fire, or carrying on cooking activities, or using a tent or other structure for habitation. These activities constitute camping if, in light of all the circumstances, it reasonably appears that in conducting one or more of these activities, the participant is in fact using the area as a living accommodation, regardless of the intent of the participant or the nature of any other activities in which s/he may also be engaging. For purposes of this section 106-12(a), the terms "camp" and "camping" do not include activity that occurs solely within city-owned parks.

"City" means the City of Atlanta.

"Controlled access highway overpass" means a crossing of two controlled access highways or of a controlled access highway and other public road, pedestrian path, railroad or public right-of-way at different levels where clearance to traffic on the lower level is obtained by elevating the higher level.

"Interference (or "interfere") with ingress and egress" means standing, sitting, lying down, using personal property, or performing any other activity on public property and/or in a park, where such activity: a) materially interferes with the ingress into and egress from buildings, driveways, streets, alleys, or any other real property that has a limited number of entrances/ exits, regardless of whether the property is owned by the city, a private owner or another public entity; b) reasonably appears, in light of all of the circumstances, to have the purpose of blocking ingress and egress; and c) occurs without the express written permission of the owner of the property at issue. Where written permission has been granted, the individuals interfering with ingress and egress must have possession of the permission at the time of the activity in question.

#Park# or #parks# means any city-owned park.

"Public property" means any street, sidewalk, and/or other right-of-way, within the City of Atlanta.

#Storing (or #store#) personal property# means leaving one's personal effects unattended on public property, in any area underneath a bridge, and/or in a park, such as but not limited to clothing, bedrolls, cookware, sleeping bags, luggage, knapsacks, or backpacks. This term does not include parking a bicycle or other mode of transportation.

(b)It shall be unlawful for any person to camp.
(c)It shall be unlawful for any person to store personal property.
(d)It shall be unlawful for any person to interfere with ingress and egress.
(e)No person may be arrested for violating this code section until s/he has received an oral or written warning from the Atlanta Police Department to cease the prohibited conduct. If the violator fails to comply with the warning issued, s/he may be arrested for violation of this section.
(f)Where personal property is stored in violation of subsection (c) above, the Atlanta Police Department may deem the property to be abandoned and may confiscate it. No warning is required prior to the confiscation. The depart-ment shall retain the property in a manner consistent with the handling of other confiscated property.
(g)The prohibitions set forth in subsections (b) and (c) above shall not apply during a permitted outdoor event (as defined in City Code of Ordinances Chapter 142) on property where the outdoor event is located, as set forth in a cityissued outdoor event permit, unless the permit explicitly prohibits the activity.
(h)The prohibitions set forth in subsections (c) and (d) above shall not apply to activity permitted pursuant to Article III of City Code of Ordinances Chapter 138.
(i)The prohibitions set forth in this section 106-12 shall not apply to city, state, or county officials or employees acting in their official capacity, performing the activities as part of their official city duties.
(j)The prohibitions set forth in this section 106-12 shall not apply to city, state, or county contractors or subcontractors where said activities are associated and performed in conjunction with the scope of work set forth in the city contract. (Ord. No. 1996-82, §§ 1—6, 11-26-96; Ord. No. 1998-68, § 1, 10-13-98; Ord. No. 2012-10(12-O0360), § 1, 3-28-12; Ord. No. 2017-94(17-O1837), § 1, 12-13-17)

Sec. 106-13. Reserved.

§ 106-14

Security fencing of construction cranes.

Sec. 106-14. Security fencing of construction cranes.

(a)In order to guard against access to construction cranes by unauthorized persons, all fixed or tower cranes shall be enclosed by security chain link fencing which shall be at least eight feet in height, topped with barbed wire and containing a locked gate at all points of access to the crane. The specifications for such security fencing shall be a required submittal in the building permit process and shall be subject to the approval of the director of the bureau of buildings. For existing construction projects, the contractors shall have 60 days to comply with the fencing requirement.
(b)Violation of this section shall be punished as provided in section 1-8 of the City Code. (Ord. No. 2007-72(07-O-2308), § 1, 11-27-07)

Secs. 106-15—106-50. Reserved.

ARTICLE II. OFFENSES AGAINST PROPERTY RIGHTS
§ 106-51

Theft by shoplifting. (a) Generally. It shall be unlawful for any

Sec. 106-51. Theft by shoplifting. (a) Generally. It shall be unlawful for any person to commit the offense of theft by shoplifting within the corporate limits of the city when the property which is the subject of the theft is $100.00 or less in value.

(b)Defined. A person commits the offense of theft by shoplifting when alone or in concert with another person, with the intent of appropriating merchandise to such person's own use without paying for the same or to deprive the owner of possession thereof or of the value thereof, in whole or in part, does any of the following:
(1)Conceals or takes possession of the goods or merchandise of any store or retail establishment;
(2)Alters the price tag or other price marking on goods or merchandise of any store or retail establishment;
(3)Transfers the goods or merchandise of any store or retail establishment from one container to another;
(4)Interchanges the label or price tag from one item of merchandise with a label or price tag for another item of merchandise; or
(5)Wrongfully causes the amount paid to be less than the merchant's stated price for the merchandise.
(c)Violation. Any person found guilty of violating this section shall be subject to the following penalties:
(1)First offense. A fine of not more than $250.00 or imprisonment in the city jail or stockade for not more than 30 days, or both.
(2)Second offense. A fine of not less than $250.00 or imprisonment in the city jail or stockade for not less than 30 days, or both.
(3)Third or subsequent offense. Any person charged with a third or subsequent offense under this section shall be punished as provided in O.C.G.A. § 16-8-14 in the court having jurisdiction in the county in which the alleged offense occurred.

Any defendant charged under this section shall be entitled upon request to have the case against such person transferred to the court having general misdemeanor jurisdiction in the county in which the alleged offense occurred. (Code 1977, § 17-11009)

State law reference—Theft by shoplifting, O.C.G.A. § 168-14.

§ 106-52

Evading payment of fare for transportation service; conduct on city's streetcar transit system; penalties.

Sec. 106-52. Evading payment of fare for transportation service; conduct on city's streetcar transit system; penalties.

(a)It shall be unlawful, within the corporate limits of the city, for any person to evade or attempt to evade payment of the fare for transportation service upon a rapid rail system, public transit bus, or upon city's streetcar transit system. As used in this section, the "evasion of payment of the fare" shall include the following acts, activities or conduct:
(1)Entry into or upon a rapid rail car, public transit bus, or streetcar vehicle without payment of the fare charged for transportation service.
(2)Following fare payment, the refusal to exit the city streetcar vehicle after traveling two times around the full streetcar route.
(3)Following fare payment, the refusal to exit the city streetcar vehicle after:
(A)A single one-way trip; or
(B)The expiration of a multi-trip pass.
(4)Misuse of a transfer, TransCard, pass, ticket, token, Metropolitan Atlanta Rapid Transit Authority (MARTA) Breeze Card, MARTA University Pass Program Card or other evidence of payment of or prepayment of a fare issued by the city or MARTA with the intent to avoid or to assist another in avoiding payment of the fare charged for transportation service.
(5)Use or attempted use of a signed city or MARTA TransCard pass or ticket, MARTA Breeze Card or MARTA University Pass Program Card for the payment of the fare charged for transportation service by a person who is not the person whose sig-nature appears on the TransCard who is not the owner of the city or MARTA pass or ticket or a MARTA Breeze Card.
(b)As applied to the city's streetcar transit system, fare payment shall be valid for use towards:
(1)A single one-way trip for two hours from the time of issuance/validation. A single one-way trip on the city streetcar is defined as the distance between a rider's point of entering the streetcar vehicle and the point of exiting the streetcar vehicle, but no more than two times around the full streetcar route.
(2)A multi-trip pass from the time of issuance / validation through the end of the pass's last consecutive service day. A multitrip pass holder must exit the streetcar vehicle after traveling two consecutive times around the full streetcar route, but may re-enter the streetcar vehicle without payment of an additional fare prior to the expiration of the multi-trip pass.
(c)It shall be unlawful for any person to commit or to attempt to commit any of the following acts on a city streetcar vehicle or a city streetcar stop platform:
(1)Spit, defecate, or urinate.
(2)Discard litter, except into receptacles designated for that purpose.
(3)Smoke tobacco in any form, included by not limited to in the form of electronic cigarettes, personal vaporizers, or electronic nicotine delivery systems.
(4)Consume food or beverage or possess any open food or beverage container, provided that this paragraph shall not apply to resealable beverages in resealable plastic containers, to an operator of a city streetcar at an authorized layover point, or to a person providing food or beverage to any child under age five; provided, further, that nothing in this subsection shall apply to a city streetcar stop platform.
(5)Play any radio, cassette, cartridge, tape player, digital music player, or similar device, unless such device is connected to an earphone that limits the sound to the hearing of an individual user.
(6)Carry or possess any explosives, acids, other dangerous articles, or live animals, except for the following:
(A)A guide dog or service dog, provided that such guide dog or service dog is accompanied by a physically disabled person, blind person, person with visual disabilities, deaf person, or a person who is responsible for training a guide dog or service dog; or
(B)Small pets confined to rigid pet carriers with locks or latches.
(7)Obstruct, hinder, interfere with, or otherwise disrupt or disturb the operation, operator, or passengers of the city streetcar.
(8)Board any city streetcar vehicle through the rear exit door, unless so directed by an employee or agent of the city streetcar.
(9)Remain onboard a city streetcar vehicle after such vehicle has completed its scheduled route and passengers have been advised to exit the vehicle or remain aboard the city streetcar vehicle after having been warned and after such vehicle has entered a garage or other restricted area not open to the public.
(10)Enter, exit or pass through any emergency door of the city streetcar vehicle in the absence of a bona fide emergency.
(11)Enter the operator's cab or driver's seat of a city streetcar vehicle in absence of a bona fide emergency.
(12)Monetarily solicit or sell goods or services for a fee without the grant of a concession by the City of Atlanta.
(13)Deface, damage, displace, remove or destroy any advertisement, security sign, or notice on or in any city streetcar vehicle or city streetcar stop platform.
(14)Fail to exhibit proof of fare payment upon request of a Code Enforcement Agent or Atlanta Police Officer when entering or occupying a city streetcar vehicle.
(15)Possess or sell stolen or counterfeit proof of fare payment.
(16)Interfere with the operation of the city streetcar vehicle, city streetcar stop platform, or any city streetcar pay station.
(17)Remain at a city streetcar stop platform for more than two hours.
(d)The penalty imposed upon a conviction of subsection (a) of this section shall be a $100.00 fine. Upon a sentence of probation upon a conviction of subsection (a) of this section, the sentencing court may require as a special condition thereof, that the person be prohibited from riding the city streetcar during the probationary period.
(e)The penalty imposed upon a conviction of subsection (c) of this section shall be as provided in section 1-8. Upon a sentence of probation upon a conviction of subsection (c) of this section, the sentencing court may require as a special condition thereof, that the person be prohibited from riding the city streetcar during the probationary period.
(f)Employees of the city streetcar's system, or the Atlanta Police Department while performing the duties of their employment shall be exempted from the restrictions of paragraphs (8), (9), (10), and (11) of subsection (c) of this section. (Code 1977, § 17-11004; Ord. No. 2014-16(14-O1170), § 1, 5-14-14; Ord. No. 2015-61(15-O-1517), § 1, 11-25-15)

State law reference—Theft of services, O.C.G.A. § 168-5.

§ 106-53

Destruction of property.

Sec. 106-53. Destruction of property.

(a)It shall be unlawful for any person to willfully damage, destroy, mar or deface any property of the city, or of another.
(b)It shall be unlawful for any unauthorized person to tamper with, to open, or to paint any equipment of the departments and bureaus of the city, including fire hydrants and water mains. (Code 1977, § 17-1001)

State law reference—Criminal trespass and damage to property, O.C.G.A. § 16-7-21 et seq.

§ 106-54

Defacing buildings.

Sec. 106-54. Defacing buildings.

It shall be unlawful for any person to write, paint or draw upon, to carve any letter, word or design upon or to mutilate or deface in any way any wall, fence, public building, private dwelling, place or institution of learning, place of worship, statue or monument, now or hereafter erected in the city. (Code 1977, § 17-1002)

State law reference—Criminal trespass and damage to property, O.C.G.A. § 16-7-21 et seq.

§ 106-55

Injuring or interfering with public service property.

Sec. 106-55. Injuring or interfering with public service property.

(a)It shall be unlawful for any person intentionally and without authority to injure or destroy any meter, pipe, conduit, wire, line, post, lamp or other apparatus belonging to a company, or to the city, engaged in the manufacture or sale of electricity, gas, water, telephone or other public services, or intentionally and without authority to prevent a meter from properly registering the quantity of the service supplied, or in any way to interfere with the proper action of the company or the city, intentionally to divert any services of the company or the city or otherwise intentionally and without authority to use or cause to be used, without the consent of the company or the city, any service manufactured, sold or distributed by the company or the city.
(b)Where there is no evidence to the contrary, the person performing any of the illegal acts referred to in subsection (a) of this section and/or the person who with knowledge of the violation receives the benefit of the service without proper charge as a result of the improper action shall be presumed to be responsible for the acts of tampering or diversion. (Code 1977, § 17-1005)

State law reference—Criminal trespass and damage to property, O.C.G.A. § 16-7-21 et seq.

§ 106-56

Unauthorized persons entering vacant buildings.

Sec. 106-56. Unauthorized persons entering vacant buildings.

It shall be unlawful for any person to enter or to remain in a vacant or unoccupied building or on any portion of vacant land upon which such vacant building is located unless with the permission of an authorized agent of such property, provided such building or vacant property is prominently marked by a posted notice, attached to the ordinance from which this section is derived as exhibit A, which is easily seen from a distance of at least 50 feet that informs the public such property is vacant or unoccupied and unauthorized persons are prohibited from entering. Further, it shall be unlawful for any person to be on such property lines that are prominently marked by a fence, chain or other means and by a posted notice that communicates to the public that unauthorized persons are not allowed on such premises. Contemporaneously with the posting of such notice, a sworn authorization, attached to the ordinance from which this section is derived as exhibit B, must be filed with the city police department, stating that persons without written permission on their person are not allowed on the property at a specified address; and any such trespasser will be prosecuted by the police as the property's own agent. (Code 1977, § 17-1006)

State law reference—Criminal trespass, O.C.G.A. § 167-21.

§ 106-57

Unauthorized interference or attempted interference with parked vehicles.

Sec. 106-57. Unauthorized interference or attempted interference with parked vehicles.

(a)It shall be unlawful for any person to loiter or prowl on any property which is used to park vehicles, including parking lots for vehicles as set out in the City of Atlanta Code of Ordinances, chapter 30, article XVII, division 3, section 301196, et seq., and public right-of-way, if said person has been observed:
(1)Attempting entry into vehicles, or
(2)Tampering with the vehicle of another, which shall mean any unauthorized interference with a vehicle or any part or accessory thereof or any contents therein, or
(3)Otherwise acting in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
(b)Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person opens or attempts to open the doors, trunk, windows or hood of the vehicle; takes flight upon the appearance of a law enforcement officer; manifestly endeavors to conceal himself or any object that may be utilized for entry into an automobile or is otherwise prohibited by law; removes or attempts to remove anything of value from the vehicle; or otherwise causes damage to the vehicle.
(c)A law enforcement officer shall, prior to any arrest for an offense under this code section, afford the person an opportunity to dispel any alarm or immediate concern which would otherwise be warranted by requesting the person to identify himself and explain his presence and conduct. No person shall be convicted of an offense under this code section:
(1)Unless the law enforcement officer complies with the foregoing procedure; and
(2)Unless the trier of fact determines beyond a reasonable doubt under all circumstances of the case that the explanation was not true or would not, if believed by the officer at the time, have dispelled the officer's alarm or immediate concern.
(d)Upon conviction of violation of this section, a person shall be sentenced to imprisonment or public work for six months, with a minimum of 60 days to serve in the city jail or working on the public streets or on the public works of the city, the remainder of the time to be probated. (Ord. No. 1996-16, § 1, 4-9-96)

State law reference—Criminal trespass, O.C.G.A. § 167-21.

§ 106-58

Transportation passes and nontransferable tickets.

Sec. 106-58. Transportation passes and nontransferable tickets.

It shall be unlawful for any person to buy, sell or otherwise acquire or deal in or solicit the purchase or sale of any pass or other evidence of transportation issued by any railroad, railway, steamship or steamboat line, or the person operating the same, which shows on its face that it was issued for free transportation. It shall likewise be unlawful for any person to buy, sell or otherwise acquire or deal in the unused portions of nontransferable railroad, railway, steamship or steamboat passenger tickets whose use is restricted to the original purchasers thereof by the railroad, railway, steamship or steamboat company issuing them, or to act as vendor or broker of those partially used nontransferable passenger tickets, or to solicit personally, or by sign or advertisement, or in any manner to aid the sale or purchase of those partially used nontransferable passenger tickets within the limits of the city. (Code 1977, § 17-11005)

§ 106-59

Resale of entertainment tickets restricted.

Sec. 106-59. Resale of entertainment tickets restricted.

(a)As used in this section, the terms:

Exhibition means, consistent with O.C.G.A. § 43-4B-1(5), a contest where the participants engage in the use of boxing skills and techniques and where the objective is to display such skills and techniques without striving to win.

Person means, consistent with O.C.G.A. § 434B-1(12), any individual, partnership, firm, association, corporation, or combination of individuals of whatever form or character.

Ticket broker means, consistent with O.C.G.A. § 43-4B-1(19), (1) any person who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held in this state to which the general public is admitted and who charges a premium in excess of the price of the ticket; or (2) any person who has a permanent office or place of business in this state who is involved in the business of reselling tickets of admission to athletic contests, concerts, theater performances, amusements, exhibitions, or other entertainment events held inside or outside this state to which the general public is admitted and who charges a premium in excess of the price of the ticket.

The term ticket broker shall not include the owner, operator, lessee, or tenant of the property in which an athletic contest or entertainment event is being held or the sponsor of such a contest or event or the authorized ticket agent of such persons.

Original purchaser for personal use means a person who buys one or more tickets with the intention of using the ticket or tickets solely for the use of the purchaser or the purchaser's invitees, employees, and agents. An original purchaser who resells more than six tickets to the same athletic contest or entertainment event and who resells tickets to an athletic contest or entertainment event for more than 105 percent of their face value shall be presumed to be engaged in the business of a ticket broker.

(b)In accordance with O.C.G.A. § 43-4B-30, it shall be unlawful for any ticket broker or person who is the original purchaser for personal use of one or more tickets to resell or offer for resale one or more tickets to any athletic contest and entertainment event within 2,700 feet of a venue which seats or admits 15,000 or more persons.
(c)Any person violating any of the provisions of this section shall be punished as provided in section 1-8 of the City Code.
(d)Reserved. (Code 1977, § 17-3017; Ord. No. 2001-53, § 1, 7-24-01; Ord. No. 2004-81, § 1, 11-05-04; Ord. No. 2005-49, § 1, 8-22-05)

State law reference—Resale of athletic or entertainment tickets, O.C.G.A. § 10-1-310.

Secs. 106-60—106-80. Reserved.

ARTICLE III. OFFENSES AGAINST PUBLIC ORDER
§ 106-81

Disorderly conduct.

Sec. 106-81. Disorderly conduct.

It shall be unlawful for any person within the corporate limits of the city to engage in any conduct described in the following subsections; provided, however, that no person shall be convicted of any of the following sections upon a showing that the predominant intent of such conduct was to exercise a constitutional right to:

(1)Act in a violent or tumultuous manner toward another whereby any person is placed in fear of the safety of such person's life, limb or health;
(2)Act in a violent or tumultuous manner toward another whereby the property of any person is placed in danger of being damaged or destroyed;
(3)Cause, provoke or engage in any fight, brawl or riotous conduct so as to endanger the life, limb, health or property of another;
(4)Assemble or congregate with another or others for the purpose of, or with the intent to, engage in gaming;
(5)Be in or about any place, alone or with another or others, with the purpose of or intent to engage in any fraudulent scheme, trick or device to obtain any money or valuable thing; or to aid or abet any person or persons in doing so;
(6)Direct fighting words toward another, that is, words which by their very nature tend to incite an immediate breach of the peace;
(7)Interfere, by acts of physical obstruction, another's pursuit of a lawful occupation;
(8)Congregate with another or others in or on any public way so as to halt the flow of vehicular or pedestrian traffic, and to fail to clear that public way after being ordered to do so by a city police officer or other lawful authority;
(9)Stand or remain in or about any street, sidewalk, overpass or public way so as to impede the flow of vehicular or pedestrian traffic, and to fail to clear such street, sidewalk, overpass or public way after being ordered to do so by a police officer or other lawful authority;
(10)Disrupt by actions which tend to incite a breach of the peace the undisturbed activities of any house of worship, hospital, surgi-center, or home for the elderly; or
(11)Throw bottles, paper, cans, glass, sticks, stones, missiles or any other debris on public property.
(12)Accost or force oneself upon the company of another;
(a)Definitions. The following words, terms and phrases, when used in this section, shall have the mean-ings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Accosting means approaching or speaking to someone in such a manner as would cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon his/her person, or upon property in his/her immediate possession.

Forcing oneself upon the company of another means continuing to request or solicit any item of value or an individual's company from a person after that person has made a negative response, blocking the passage of the individual addressed or otherwise engaging in conduct which could reasonably be construed as intended to compel or force a person to accede to demands.

(13)Carry any item with the intention either to threaten, intimidate or provoke the apprehension of violence, or with the disregard for the rights and safety of others. Nothing in this subsection shall be interpreted to prohibit the carrying of a firearm or weapon as described in O.C.G.A. § 16-11-173.
(Code 1977, § 17-3001; Ord. No. 2000-53, § 1, 10-10-00; Ord. No. 2005-03, § 12, 1-10-05; Ord. No. 2005-48, § 1, 8-24-05; Ord. No. 2007-20(07O-0489), § 1, 3-27-07; Ord. No. 2017-88(17-O1795), § 1, 12-13-17)

State law references—Riot, O.C.G.A. § 16-11-30; affray, O.C.G.A. § 16-11-32; obscene, vulgar or profane language, O.C.G.A. § 16-11-39; obstructing public passages, O.C.G.A. § 16-11-43.

§ 106-82

Unauthorized persons entering school buildings.

Sec. 106-82. Unauthorized persons entering school buildings.

No person shall enter or remain in any public, private or parochial school building between the hours of 7:30 a.m. and 6:00 p.m. on days that school is in session, or until 10:00 p.m. at those schools which have extended sessions, who is not a regularly-enrolled student, teacher or employee at that school, unless the person shall have first and immediately proceeded to the administrative offices and been identified to the principal or the principal's agent and received written permission to remain on the premises. (Code 1977, § 17-3002)

§ 106-83

Unauthorized persons not to remain in school buildings when requested to leave.

Sec. 106-83. Unauthorized persons not to remain in school buildings when requested to leave.

It shall be unlawful for any person to enter and remain in any public, private or parochial school or on surrounding school grounds after being directed to leave by the principal of the school or designated agent. (Code 1977, § 17-3003)

State law reference—Criminal trespass, O.C.G.A. § 167-21.

§ 106-84

Creating a disturbance at schools.

Sec. 106-84. Creating a disturbance at schools.

It shall be unlawful for any person to create a disturbance in any private, public or parochial school or on the surrounding school grounds or on the fields or grounds lawfully used for school activities while such recreational areas are in use or other activities are in progress thereon. A disturbance shall be defined as any act which may be reasonably expected to substantially interfere with activities within the school or school activities on the school grounds or fields while such activities are in progress thereon. (Code 1977, § 17-3004)

§ 106-85

Monetary solicitation.

Sec. 106-85. Monetary solicitation.

(a)$Monetary solicitation$ defined:
(1)$Monetary solicitation$ or to $monetarily solicit$ is an act or action performed by an individual that meets the following three criteria:
a.Is an in-person request of another individual, either orally or by gesture; and
b.The request is for an immediate distribution of money or anything of monetary value; and
c.The request occurs on public property, including, without limitation, city streets, sidewalks, transit stations or platforms, and parks.
(2)$Monetary solicitation$ and $monetarily solicit$ shall not include:
a.Requests for signatures on a petition or other document; or
b.Distribution of written material that requests individuals to send contributions by mail or make donations in some other manner at a later time; or
c.Distribution of pre-addressed envelopes along with a verbal plea to contribute money, provided that no request for an immediate contribution is made; or
d.Sale of literature or other merchandise or food where payment occurs at a separate time and location, including through mail order; or
e.Public vending lawfully permitted in accordance with Atlanta City Code, Chapter 30, Article XXIII, Division 1, section 30-1400 et seq.
(b)Monetary solicitation in certain areas. It shall be unlawful for any person to monetarily solicit in any of the following places:
(1)Within 15 feet of the entrance to or exit from any public toilet facility, which includes any temporary use site (port-atoilet);
(2)Within 15 feet of an automated teller machine (ATM), provided that when an ATM is located within an ATM facility, such distance shall be measured from the entrance or exit of the ATM facility;
(3)Within 15 feet of any parking lot pay box, on-street parking pay station or kiosk;
(4)Within 15 feet of any pay telephone, provided that when a pay telephone is located within a telephone booth or other facility, such distance shall be measured from the entrance or exit of the telephone booth or facility;
(5)In any public transportation vehicle; in or on any bus, rail, subway or Atlanta Streetcar platform or station or taxi stand, including without limitation entryways, exits, queuing areas and pay stations connected therewith; within 15 feet of any bus, rail, subway or Atlanta Streetcar platform or outdoor station or taxi stand; and within 15 feet of the entrance or exit of a station located in an enclosed building;
(6)Within 15 feet of the entrance or exit of a building, whether publicly or privately owned, including without limitation any residence, business, event venue or athletic facility. Nothing in this subsection (6) shall prohibit monetary solicitation within 15 feet of any other portion of a building other than its exit(s) and entrance(s);
(7)Within 15 feet of or within a line for entry to any building, whether the building is publicly or privately owned, including without limitation any residence, business, event venue or athletic facility;
(8)In a parking lot or garage owned or operated by the City of Atlanta, including entryways or exits and pay stations connected therewith;
(9)Within 15 feet of any public property %valid vendor location% where a %vendor% is operating, as defined in the Atlanta City Code, Chapter 30, Article XXIII, Division 1, Section 30-1401; or
(10)Within 15 feet of any private property %valid vendor location% where a %vending business% is in operation, as defined in the Atlanta City Code, Article XXIV, Division 1, Section 30-1461.
(11)Within the Restricted Monetary Solicitation Zone, defined as the area between the boundaries of the following named streets, including both sides of each named street and each corner of intersecting named streets:

Martin Luther King Jr. Drive SW from Courtland Street SE to Peachtree Street SW; Peachtree Street SW from Martin Luther King Jr. Drive SW to Alabama Street SW; Alabama Street SW from Peachtree Street SW to Forsyth Street SW; Forsyth Street SW from Alabama Street SW to Marietta Street NW; Marietta Street NW from Forsyth Street NW to Ivan Allen Jr. Boulevard; Ivan Allen Jr. Boulevard from Marietta Street NW to Peachtree Street NE; Peachtree Street NE from Ivan Allen Jr. Boulevard to Peachtree Center Avenue NE; Peachtree Center Avenue NE from Peachtree Street NE to Baker Street NE; Baker Street NE from Peachtree Center Avenue NE to Piedmont Avenue NE; Piedmont Avenue NE from Baker Street NE to Edgewood Avenue NE; Edgewood Avenue NE from Piedmont Avenue NE to Courtland Street SE; Courtland Street SE from Edgewood Avenue NE to Martin Luther King Jr. Drive SW; and Piedmont Avenue NE from John Wesley Dobbs Avenue NE to Edgewood Avenue SE; Edgewood Avenue SE from Piedmont Avenue NE to Boulevard NE; Boulevard NE from Edgewood Avenue SE to Auburn Avenue NE; Auburn Avenue NE from Boulevard NE to Jackson Street NE; Jackson Street NE from Auburn Avenue NE to Irwin Street NE; Irwin Street NE from Jackson Street NE to Fort Street NE; John Wesley Dobbs Avenue NE from Fort Street NE to Piedmont Avenue NE.

Auburn Avenue NE from Boulevard NE to Jackson Street NE; Jackson Street NE from Auburn Avenue NE to Irwin Street NE; Irwin Street NE from Jackson Street NE to Boulevard NE; Boulevard NE from Irwin Street NE to Auburn Avenue NE.

(12)Within the Midtown Theatre District Zone, defined as the area between the boundaries of the following named streets, includ-ing both sides of each named street and each corner of intersecting named streets:

Spring Street NW from 3rd Street NW to Ponce de Leon Avenue NE; Ponce de Leon Avenue from Springs Street to W. Peachtree Street NW; W. Peachtree Street NW from Ponce de Leon Avenue NE to North Avenue NE; North Avenue NE from W. Peachtree Street NW to Piedmont Avenue NE; Piedmont Avenue NE from North Avenue NE to 4th Street NE; 4th Street NE from Piedmont Avenue NE to W. Peachtree Street NW; W. Peachtree Street NW from 4th Street NE to 3rd Street NW; 3rd Street NW from W. Peachtree Street NW to Spring Street NW.

(c)Aggressive monetary solicitation. It shall be unlawful for any person to monetarily solicit in any of the following manners:
(1)Blocking the path or passage of the person solicited;
(2)Not allowing the person solicited to leave the presence of the solicitor, by following immediately behind or walking alongside the person solicited;
(3)Using profane or abusive language, either during the solicitation or following refusal;
(4)Continuing to monetarily solicit a person after that person has refused the solicitation verbally or by gesture;
(5)Continuing to monetarily solicit a person located in or on a motor vehicle after that person has refused the solicitation verbally or by gesture;
(6)Making any statement, gesture or other communication which a reasonable person in the situation of the person solicited would perceive to be a threat that is intended to compel or force the person solicited to accede to the demands of the solicitor; and/or
(7)Touching the person solicited.
(d)Penalties.
(1)Upon conviction under section 106-85(b) above, the violator may be sentenced to one or more of the following: the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days.
(2)Upon the first conviction under section 106-85(c) above, the violator may be sentenced to one or more of the following: the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days.
(3)Upon the second conviction under section 106-85(c) above, the violator may be sentenced to one or more of the following: the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days, provided that the sentence must include a minimum of 30 days imprisonment.
(4)Upon the third and future convictions under section 106-85(c) above, the violator may be sentenced to one or more of the following: the performance of up to 30 days community service; a monetary fine not to exceed $1,000.00; and/or imprisonment not to exceed 180 days, provided that the sentence must include a minimum of 90 days imprisonment.
(Ord. No. 2012-44(12-O-1324), § 1, 10-8-12; Ord. No. 2013-31(13-O-1103), 7-10-13; Ord. No. 201520(15-O-1189), §§ 1, 2, 5-27-15; Ord. No. 201531(15-O-1267), § 1, 6-24-15)
§ 106-86

Commercial harassment.

Sec. 106-86. Commercial harassment.

(a)It shall be unlawful for any person or entity within the corporate limits of the city to commit the offense of commercial harassment in violation of this section.
(b)A person or entity commits the offense of commercial harassment if such person or entity in furtherance of any transaction which gives rise to an obligation to pay for goods sold or leased, services rendered; or in furtherance of the sale, lease, or rental of goods, services, or property for personal consumption or for use in the conduct of a business or profession;
(1)Contacts another person or entity for the purpose of harassing, molesting, threatening, coercing or intimidating such person or the family of such person; or
(2)Threatens bodily harm whether expressly or by implication; or
(3)Uses predatory tactics.
(c)For purposes of this section the term "predatory tactics" shall mean repeated and unsolicited attempts, within any 180-day period, to contact a person or entity including via personal visits, or written material or similar means under circumstances where the person or entity has affirmatively requested the defendant or the defendant's agent to refrain from such activity.
(d)The offense of commercial harassment shall be considered to have been committed within the corporate limits of the city where:
(1)A person or entity was located in the City of Atlanta when the person or entity committed the act(s) prohibited by this section; or
(2)The victim was located in the City of Atlanta when the act(s) prohibited by this section were committed by the person or entity in violation of this section.
(e)Any violation of this section shall constitute a separate offense and shall not merge with any other violations of this section.
(f)Upon conviction of a violation of this section, a person or entity shall be punished as provided in section 1-8 of the Code.
(g)The provisions of this section are hereby declared to be severable and if any provision this section or the application of such provision to any person or entity or circumstance is declared invalid for any reason, such declaration shall not affect the validity of the remaining portions of this section. (Ord. No. 2020-65(20-O-1668), § 1, 11-11-20)
§ 106-87

Reserved.

Sec. 106-87. Reserved.

Editor’s note—Ord. No. 2017-11(17-O-1130), § 2, approved March 29, 2017, repealed § 106-87, which pertained to treasure hunts and derived from Code 1977, § 17-3009.

§ 106-88

Reserved.

Sec. 106-88. Reserved.

Editor’s note—Ord. No. 2019-33(19-O-1288), § 1, approved Jun. 12, 2019, repealed § 106-88, which pertained to moving household goods at night and derived from Code 1977, § 17-3014; Ord. No. 2001-27, § 1, 4-11-01.

§ 106-89

Reserved.

Sec. 106-89. Reserved.

Editor’s note—Ord. No. 2017-11(17-O-1130), § 3, adopted March 29, 2017, repealed § 106-89, which pertained to residential picketing and derived from Code 1977, § 17-3022.

§ 106-90

False representations to police or any city department.

Sec. 106-90. False representations to police or any city department.

It shall be unlawful for any person, knowingly and willfully and with intent thereby to mislead, either in such person's own behalf or in behalf of others, as principal or as agent, to make or file orally or in writing any false representations of fact to any police officer of the city or to any department of the city government. (Code 1977, § 17-6002)

Secs. 106-91—106-125. Reserved.

ARTICLE IV. OFFENSES AGAINST PUBLIC MORALS
DIVISION 1. GENERALLY
§ 106-126

House of ill fame.

Sec. 106-126. House of ill fame.

(a)A person, having or exercising control over the use of any place or conveyance within the city which would offer seclusion or shelter for the practice of prostitution, commits the offense of keeping a place of prostitution when such person knowingly grants or permits the use of such place for the purpose of prostitution.
(b)Those places or conveyances which have been adjudged to be places of prostitution as provided in this Code may be abated as also provided in this Code. (Code 1977, § 17-2001)

State law reference—Keeping a place of prostitution, O.C.G.A. § 16-6-10.

§ 106-127

Solicitation for an illicit sexual act.

Sec. 106-127. Solicitation for an illicit sexual act.

(a)It shall be unlawful for any person, while in any place open to the public and whether as a pedestrian or in a motor vehicle, to offer or consent to perform any illicit sexual act for money. Furthermore, it shall be unlawful for any person, while in any place open to the public and whether as a pedestrian or in a motor vehicle, to attempt to induce, entice, solicit, pander, purchase or procure another to commit any illicit sexual act for money. An illicit sexual act is defined as one or more of the following:
(1)Prostitution; or
(2)Masturbation for hire.

Any person in violation of this Code section shall be guilty of the offense of idling and loitering for the purpose of committing an illicit sexual act.

(b)For the purpose of subsection (a) any person shall include solicitors of illicit sexual acts or panderers, who solicit, procure or purchase an other to perform any illicit sexual act in exchange for money, and who are commonly referred to as "johns" or "tricks".
(c)The following penalties shall be imposed upon the conviction of the offense of idling and loitering for the purpose of committing an illicit sexual act.
(1)First conviction. Punishment as provided in section 1-8.
(2)Second conviction. Sixty days incarceration in the city jail or stockade without a reduction in time.
(3)Third and subsequent convictions. Six months in the city jail or stockade without a reduction in time.
(d)The following penalties shall be imposed upon the conviction of subsection (a), (b) or (c) of this section.
(1)First conviction. A mandatory minimum term of imprisonment of 15 days in the city jail and a minimum mandatory fine of $250.00.
(2)Second conviction.
a.A mandatory term of 180 days imprisonment with a minimum of 60 days of said sentence of imprisonment to be served in confinement in the city jail. The remaining 120 days may be served on probation as prescribed in subsection 2(b);
b.The sentencing court may, in its discretion, require any person convicted of a second violation of subsection (a), (b) or (c) of this Code section, as a special condition of probation, to leave the corporate limits of the city and not return during the probationary period;
c.Any person convicted of a second violation of subsection (a), (b) or (c) of this Code section shall also pay a fine of $1,000.00.
(3)Third and subsequent convictions. A mandatory term of six months of imprisonment in the city jail.
(4)None of the mandatory sentences referred to in this Code section shall be suspended, probated, deferred or withheld, except as provided herein.
(5)Nothing in this Code section shall affect the sentencing court's authority to impose any other condition of probation as set forth in O.C.G.A. § 42-8-5.
(6)The city solicitor may move the sentencing court to impose a reduced or suspended sentence upon any person who is convicted of a violation of this Code section and provides substantial assistance in the identification, arrest, or conviction of any of his accomplices, accessories, co-conspirators, or principals. Upon good cause shown, the motion may be filed and heard in camera. The judge hearing the motion may impose a reduced or suspended sentence if he finds that the defendant has rendered such substantial assistance.
(7)Diversion program
a.Upon a verdict or plea of guilty or a plea of nolo contendre, but before an adjudication of guilt, the sentencing court may, in its discretion, without entering a judgment of guilt and with the consent of the defendant, defer further proceeding and enroll the defendant in an educational program administered by the City Solicitor's Office in accordance with Official Code of Georgia Annotated 15-18-80, and designed to address issues related to idling and loitering for the purpose of committing an illegal sexual act and/or prostitution.
b.Upon fulfillment of the terms of the educational program, including a showing that the defendant has not violated this Code Section for a period of one year, the defendant shall be discharged without court adjudication of guilt.
c.The City Solicitor's Office is authorized to assess and collect from each defendant who enters the program a fee as set forth in O.C.G.A. 15-18-80 for the administration of the program. Any such fee collected shall be deposited into the City of Atlanta General Fund.
(8)With the exception of those fees collected in accordance with 106-127(d)(7), all fines paid to and collected by the city's courts pursuant to conviction under this section shall be deposited to the Inmate Welfare Program Trust Fund, 3PO2494008121CL9999, to defray the cost of inmate programs and services in the department of corrections.
(Code 1977, § 17-2004; Ord. No. 1996-76, 11-12-

96; Ord. No. 1998-76, § 1, 10-22-98; Ord. No.

1998-89, § 1, 12-14-98; Ord. No. 2005-03, § 13, 1-10-05; Ord. No. 2008-81(08-O-1485), §§ 1, 2, 11-6-08; 2025-09(25-O-1123) , § 5, 3-25-25)

State law reference—Keeping a place of prostitution, O.C.G.A. § 16-6-10.

§ 106-128

Criminal impersonation.

Sec. 106-128. Criminal impersonation.

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

Intent to defraud means the use of deception with the intention to injure another's interest which has economic value.

(b)Intent. A person is guilty of criminal impersonation if such person:
(1)Assumes a false identity and does not act in such person's assumed character with the intent to defraud another; or
(2)Pretends to be a representative of some person or organization and does an act in such person's pretended capacity with the intent to defraud another.
(Code 1977, § 17-2002)
§ 106-129

Indecency.

Sec. 106-129. Indecency.

It shall be unlawful for any person to perform any of the following acts in a public place:

(1)An act, or simulated act, of sexual intercourse;
(2)An exposure of one's genitals, or of one's breasts, if female; or
(3)The touching, caressing or fondling of the genitals, or the breast of a female.
(Code 1977, § 17-2003)

State law reference—Public indecency, O.C.G.A. § 166-8.

§ 106-130

Defecating or urinating on public property or in areas.

Sec. 106-130. Defecating or urinating on public property or in areas.

It shall be unlawful for any person to defecate or urinate on the streets or sidewalks, or in the halls or elevators of public or commercial buildings, or on any property open to public view in the city. (Code 1977, § 17-3011)

State law reference—Public indecency, O.C.G.A. § 166-8.

§ 106-131

Spitting.

Sec. 106-131. Spitting.

It shall be unlawful for any person to spit upon the sidewalks, or upon the floors of places of worship, buses, public halls, theaters or other public places. (Code 1977, § 17-3012)

§ 106-132

Hazing.

Sec. 106-132. Hazing.

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

Haze means to subject a student to an activity which endangers the physical health of a student regardless of a student's willingness to participate in such activity.

School means any school, college or university in the city.

School organization means any club, society, fraternity, sorority or a group living together which has students as its principal members.

Student means any person enrolled in a school in the city.

(b)Prohibited. It shall be unlawful for any person to haze any student in connection with or as a condition or precondition of gaining acceptance, membership, office or other status in a school organization.
(c)Violation. Any person who violates this section shall be guilty and penalized as provided in section 1-8. (Code 1977, § 17-3021)

State law reference—Hazing, O.C.G.A. § 16-5-61.

Secs. 106-133—106-150. Reserved.

DIVISION 2. RESERVED* Secs. 106-151—106-180. Reserved.

*Editor’s note—Ord. No. 2017-11(17-O-1130), § 4, adopted March 29, 2017, repealed Div. 2, §§ 106-151—106-164, which pertained to gambling and related offenses and derived from Code 1977, §§ 17-5001—17-5014.

DIVISION 3. DRUGS AND OTHER CONTROLLED SUBSTANCES†

§ 106-181

Reserved.

Sec. 106-181. Reserved.

Editor’s note—Ord. No. 2017-11(17-O-1130), § 5, adopted March 29, 2017, repealed § 106-181, which pertained to model glue and derived from Code 1977, §§ 17-8001, 17-8002.

§ 106-182

Marijuana. It shall be unlawful for any person to possess

Sec. 106-182. Marijuana. It shall be unlawful for any person to possess one ounce or less of marijuana within the corporate limits of the city. Any person found guilty of violating this section shall be punished by a fine not exceeding $75.00, and shall not be punished by imprisonment for any term; provided that any defendant charged with possession of one ounce or less of marijuana shall be entitled on request †State law reference—Drugs and other controlled substances, O.C.G.A. § 16-13-1 et seq.

to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred. (Code 1977, § 17-8003; Ord. No. 2017-55(17-O1152), § 1, 10-2-17)

State law reference—Possession of marijuana, O.C.G.A. § 16-13-30.1.

§ 106-183

Reserved.

Sec. 106-183. Reserved.

Editor’s note—Ord. No. 2017-11(17-O-1130), § 6, adopted March 29, 2017, repealed § 106-183, which pertained to aftershave lotion and derived from Code 1977, § 17-8004.

§ 106-184

Spray paint.

Sec. 106-184. Spray paint.

(a)It shall be unlawful for any person to intentionally smell or inhale spray paint containing halogenated hydrocarbons for the purpose of intoxication.
(b)Any person guilty of violating this section shall be punished by a fine not to exceed $250.00 or imprisonment for not more than 25 days for such violation. (Code 1977, § 17-8005)

Secs. 106-185—106-225. Reserved.

ARTICLE V. OFFENSES BY AND AGAINST MINORS
§ 106-226

Reserved.

Sec. 106-226. Reserved.

Editor’s note—Ord. No. 2001-57, § 2, adopted July 24, 2001, repealed § 106-226 in its entirety. Formerly said section pertained to frequenting of dancehalls as related to offenses by and against minors. The user of this Code is directed to ch. 14, art. IX, div. 1 and 2 for similar provisions. See the Code Comparative Table.

§ 106-227

Curfew—Authorized.

Sec. 106-227. Curfew—Authorized.

It is unlawful for any minor 16 years of age or younger to loiter, wander, stroll or play in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots or any place unsupervised by an adult having the lawful authority to be at such places between the hours of 11:00 p.m. on any day and 6:00 a.m. of the following day; however, on Fridays and Saturdays, the effective hours are between 12:00 midnight and 6:00 a.m. of the following day; and provided, that the provisions of this section shall not apply in the following instances:

(1)When a minor is accompanied by such minor's parent, guardian or other adult person having the lawful care and custody of the minor.
(2)When the minor is upon an emergency errand directed by such minor's parent or guardian or other adult person having the lawful care and custody of such minor.
(3)When the minor is returning directly home from a school activity, entertainment, recreational activity or dance.
(4)When the minor is returning directly home from lawful employment that makes it necessary to be in the places referenced in this section during the proscribed period of time.
(5)When the minor is attending or traveling directly to or from an activity involving the exercise of first amendment rights of free speech, freedom of assembly or free exercise of religion.
(6)When the minor is in a motor vehicle with parental consent for normal travel, with interstate travel through the city, excepted in all cases from the curfew.
(7)When the minor is a homeless child or youth.
a.For the purposes of this subsection, the term "homeless children and youth"
1.Means individuals who lack a fixed, regular, and adequate nighttime residence2; and
2.Includes
i.Children and youths who are sharing the housing of other persons due to loss of housing, economic hardship, or a similar reason; are living in motels, hotels, trailer parks, or camping grounds due to the lack of alternative adequate accommodations; are living in emergency or transitional shelters; or are abandoned in hospitals;
ii.Children and youths who have a primary nighttime residence that is a public or private place not designed for or ordinarily used as a regular sleeping accommodation for human beings;
iii.And children and youths who are living in cars, parks, public spaces, abandoned buildings, substandard housing, bus or train stations, or similar settings.
b.This exemption shall not exempt the parents or guardians of homeless children and youth from their responsibilities under section 106228.
(8)When the individual is legally emancipated pursuant to a court order.
(9)When the individual is married. (Code 1977, § 17-7002; Ord. No. 2022-09(22-O1076). § 1, 4-27-22)
§ 106-228

Curfew—Responsibility of parents.

Sec. 106-228. Curfew—Responsibility of parents.

(a)Generally. It shall be unlawful for the parent, guardian or other person having custody or control of any child 16 years of age or younger to permit or by insufficient control to allow such child to be in or upon the public streets or any other places listed in section 106-227 within the city between the hours of 11:00 p.m. on any day and 6:00 a.m. the following day, or on Fridays and Saturdays, between the hours of 12:00 midnight and 6:00 a.m. the following day, except in circumstances set out in subsections (1) through (6) of section 106-227.
(b)Violation. Upon conviction of violation of this section for the first time, a person shall be given a warning citation. Upon further convictions, a person shall be subject to a sentence of probation as provided in this section. Each violation of this section shall constitute a separate offense.
(c)Probation. The sentencing court shall require that any person convicted and sentenced to probation, as a special condition thereof, to attend educational programs designed to address specific issues relevant to the child's circumstances. (Code 1977, § 17-7003; Ord. No. 2009-60(09-O1560), § 1, 10-13-09; Ord. No. 2023-25(23-O1306), § 1, 6-29-23)
§ 106-229

Child in need of supervision.

Sec. 106-229. Child in need of supervision.

(a)Any minor age six through 15 years old who loiters, wanders, strolls or plays in or upon the public streets, highways, roads, alleys, parks, playgrounds or other public grounds, public places, public buildings, places of amusement, eating places, vacant lots, unsupervised by an adult having the lawful authority to be at such places, between the hours of 8:30 a.m. and 2:30 p.m. on any school day shall be considered a child in need of supervision.
(b)A minor shall not be considered a child in need of supervision under the circumstances set forth in items (1) through (6) of section 106-227 of this chapter, or in the following instances:
(1)When the minor is enrolled in a valid home study program as authorized by O.C.G.A. Section 20-2-690;
(2)When the minor has completed all course study requirements for high school graduation;
(3)When the minor is married in accordance with applicable law;
(4)When the minor has written proof from school authorities that he/she is excused from school attendance at that particular time; or
(5)When the minor is participating in an approved school or study activity which requires the minor to be off school property.
(c)A police officer shall transport any minor charged with being a child in need of Supervision, as defined in subsection (a), to a designated school district facility. A minor transported to the school district facility will be released to the custody of the school officials or to the custody of the minor's parent or legal guardian.
(d)It shall be unlawful for the parent, legal guardian or other person having custody or control of any minor, age six through 15 years old, to knowingly commit an act or knowingly fail to act when such an act or omission would cause the minor to be found to be a child in need of supervision as defined in subsection (a).
(1)It shall be an affirmative defense to this section if the parent or legal guardian has invoked the jurisdiction of the juvenile court with regard to the minor prior to the time that the minor was charged with being a child in need of supervision.
(2)It shall not be a defense to the offense provided for in subsection (b) that the minor has not been formally found to be a child in need of supervision.
(3)Any person who violates this ordinance shall, upon conviction, be punished as provided in the general penalty provision currently designated as section 1-8.
(Ord. No. 2009-46(09-O-0824), § 1, 8-25-09; Ord. No. 2012-02(12-O-0077), § 1, 2-15-12)

Secs. 106-230—106-250. Reserved.

police departments, sheriff's offices, marshal's offices, other local, state and federal law enforce-ARTICLE VI. WEAPON CONTROL* DIVISION 1. GENERALLY

§ 106-251

Law enforcement. Nothing in this article shall prohibit the acquisi-

Sec. 106-251. Law enforcement. Nothing in this article shall prohibit the acquisi-tion, possession or disposition of weapons by *Cross reference—Weapons in parks, § 110-66. State law reference—Weapons, O.C.G.A. § 16-11-101.

ment agencies, or the military and naval forces of this state or of the United States for use in the discharge of their official duties. (Ord. No. 2017-11(17-O-1130), § 7, 3-29-17)

Secs. 106-252—106-265. Reserved.

DIVISION 2. RESERVED* Secs. 106-266—106-300. Reserved.

DIVISION 3. POSSESSION AND USE
§ 106-301

Discharging firearms.

Sec. 106-301. Discharging firearms.

Shooting any firearms in the city, unless in a licensed shooting gallery or by permission of the council on military parades, is prohibited. (Code 1977, § 17-4005)

§ 106-302

Firing of cannons, artillery.

Sec. 106-302. Firing of cannons, artillery.

It shall be unlawful for any person within the city to fire a cannon or other piece of artillery without special permission of the council. (Code 1977, § 17-4006)

§ 106-303

Air guns, slingshots, similar weapons.

Sec. 106-303. Air guns, slingshots, similar weapons.

It shall be unlawful for any person to shoot any air gun, air pistol, slingshot or like instrument or weapon within the limits of the city. (Code 1977, § 17-4031)

§ 106-304

Arrows.

Sec. 106-304. Arrows.

It shall be unlawful for any person, within the corporate limits of the city, to discharge any arrow of any kind or character from a bow; provided, however, nothing in this section shall be construed to prohibit the use of bows and arrows indoors on any established archery range under the personal and direct supervision of a person at least 18 years of age. (Code 1977, § 17-4032)

*Editor’s note—Ord. No. 2017-11(17-O-1130), § 8, adopted March 29, 2017, repealed Div. 2 §§ 106-266—106-273, which pertained to registration, sale and disposition and derived from Code 1977, §§ 17-4021—17-4027; Ord. No. 2008-79(08O-1677), § 23, 11-6-08.

§ 106-305

Reserved.

Sec. 106-305. Reserved.

Editor’s note—Ord. No. 2017-11(17-O-1130), § 9, adopted March 29, 2017, repealed § 106-305, which pertained to sale or display in show windows visible from streets and derived from Code 1977, § 17-4033.

§ 106-306

Reserved.

Sec. 106-306. Reserved.

Editor’s note—Ord. No. 2017-11(17-O-1130), § 9, adopted March 29, 2017, repealed § 106-306, which pertained to knives, razors, similar weapons and derived from Code 1977, § 17-4034.

§ 106-307

City employees prohibited from carrying weapons.

Sec. 106-307. City employees prohibited from carrying weapons.

(a)It shall be unlawful for any employee of the city to have on such employee's person, either concealed or unconcealed, or in such employee's immediate possession, or to bring onto any premises of the city any of the following implements:
(1)Any firearms, guns, pistols or other instruments of like kind or similar character;
(2)Any sword or dirk, spear or sword-in-acane;
(3)Any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle, the blade of which when open projects from the handle more than two inches;
(4)Any knife which has any obstruction or other device of any kind which holds the blade partly open, the blade of which when open projects from the handle more than two inches;
(5)Any knife of any kind, the blade of which when open projects from the handle more than three inches; this is intended to include all knives such as butcher knives or other knives which do not close;
(6)Any straight razor;
(7)Any ice pick or similar device having a sharp point;
(8)Any knucks;
(9)Any explosives;
(10)Any article or combination of articles likely to be made into so as to produce an explosive, including but not limited to gas, fire or water;
(11)Slingshots, bows and arrows, cannon, artillery or fireworks;
(12)Gas bombs, fire bombs, water bombs or similar type bomb or like in kind likely to produce harm either to the person or property of the city; or
(13)Any or all other instruments, implements, objects or devices that would or could produce harm or injury to any person or property of the city or of another.
(b)The following employees or special employees of the city are authorized to carry pistols or other weapons or equipment when such is lawfully issued to them:
(1)Police.
(2)Park police.
(3)Airport police.
(4)Security guards employed by the city.
(5)Court bailiffs.
(6)Probation officers.
(7)Specially deputized citizens or employees of the city.
(8)Personnel employed by the office of corrections.
(c)Any violation of this section or any subsection thereof shall be considered an offense and any person convicted of violating the terms of this section or any subsection thereof shall be subject to the penalties provided in section 1-8. (Code 1977, § 17-4035; Ord. No. 2006-69, § 1, 10-11-06)

State law references—Carrying deadly weapons to or at public gatherings, O.C.G.A. § 16-11-127; concealed revolver of pistol licenses, O.C.G.A. § 16-11-128 et seq.

Secs. 106-308—106-325. Reserved.

DIVISION 4. RESERVED* Secs. 106-326—106-350. Reserved.

DIVISION 5. RESERVED† Secs. 106-351—106-375. Reserved.

DIVISION 6. RESERVED‡ Secs. 106-376—106-400. Reserved.

ARTICLE VII. DRUG-FREE ZONES
DIVISION 1. COMMERCIAL ZONES
§ 106-401

Title.

Sec. 106-401. Title.

This article should be known as the 5DrugFree Commercial Zone5 Code. (Ord. No. 1998-12, § 1, 3-9-98)

§ 106-402

Findings.

Sec. 106-402. Findings.

(a)The council finds that there is a high rate of drug related crime in certain commercial areas, as studied and determined by the Atlanta Police Department, as reported in Exhibit A, which is hereby incorporated by reference as if fully set forth.
(b)Pursuant to O.C.G.A. 16-13-32.6, the City of Atlanta creates and designates drug-free commercial zones to be located in those areas more fully described in the attached Exhibit B, which is hereby incorporated by reference as if fully set forth, consisting of previously zoned commercial property pursuant to the city's planning and *Editor’s note—Ord. No. 2017-11(17-O-1130), § 10, adopted March 29, 2017, repealed Div. 4, §§ 106-326—106330, which pertained to aliens and derived from Code 1977, §§ 17-4011—17-4015.

†Editor’s note—Ord. No. 2017-11(17-O-1130), § 11, adopted March 29, 2017, repealed Div. 5, §§ 106-351—106354, which pertained to pistols and derived from Code 1977, §§ 17-4001—17-4004.

‡Editor’s note—Ord. No. 2017-11(17-O-1130), § 12, adopted March 29, 2017, repealed Div. 6, §§ 106-376—106378, which pertained to assault weapons and derived from Code 1977, § 17-4036(a)—(f).

zoning powers and residential property contiguous to such commercially zoned area extending not more than one-half mile from the external boundary of any portion of the commercially zoned area, as certified in Exhibit C.

(c)For purposes of this article, designation of commercial property and contiguous residential property shall be that as set forth in chapter 16 of this Code, as it shall be amended from time to time. (Ord. No. 1998-12, § 1, 3-9-98)
§ 106-403

Designation of drug-free commercial zones.

Sec. 106-403. Designation of drug-free commercial zones.

(a)Drug-free commercial zones are those areas of the city designated as follows:

Zone I, North Avenue: An area contained within a northern boundary of Bankhead Avenue; a southern boundary of Simpson Street: a western boundary of Ashby Street; an eastern boundary of Railroad Zone Boundary.

Zone I, Fair Street: An area contained within a northern boundary of M. L. King, Jr. Drive; a southern boundary of Westview Drive, extended to Ashby Street; a western boundary of Ashby Street; an eastern boundary of Northside Drive.

Zone I, M.L. King, Jr. Drive: An area contained within a northern boundary of Collier Road; a southern boundary of M.L. King, Jr. Drive; a western boundary of Old Gordon; an eastern boundary of Bolton Road.

Zone I, Bankhead Highway: An area contained N.W. from the intersection of Bankhead and Hollywood Road to the intersection of Bankhead and Commercial Avenue, N.W.

Zone I, Hollywood Road: An area contained N.W. from the intersection of Hollywood and Perry Blvd. to the intersection of Hollywood and Hightower Road, N.W.

Zone I, James Jackson Parkway: An area contained N.W. from the intersection of James Jackson and Browntown Road to the intersection of James Jackson and Hightower Road, N.W.

Zone III, Thomasville: An area contained within a northern boundary of Custer Avenue; a southern boundary of Isa Drive; a western boundary of Boulevard/Federal Prison Property Line; an eastern boundary of Moreland Avenue.

Police Zone III, McDaniel: An area contained within a northern boundary of I-20; a southern [The next page is CD106:29] boundary of University Avenue; a western boundary of Northside Drive; and an eastern boundary of I-75.

Zone III, Jonesboro Road: An area contained within a northern boundary of McWilliams Avenue, S.E.; a southern boundary of Macedonia Road, S. E.; a western boundary of an imaginary line 300 yards westerly of the center line of Jonesboro Road; an eastern boundary of an imaginary line 200 yards easterly of the center line of Jonesboro Road.

Zone IV, Cascade Heights: An area contained within a northern boundary of Worthem Avenue, S.W.; a southern boundary of Belvedere Avenue, S.W.; a western boundary of Beecher Road, S.W. at its intersection with Belvedere Avenue, S.W. to Benjamin E. Mays Drive; thence with Benjamin E. Mays Drive to Herring Road, S.W.; an eastern boundary of Delowe Drive, S.W. at its intersection with Belvedere Drive and with Delowe Drive to Cascade Road, S.W., thence in a straight line following the same direction as Delowe Drive to Jackson Place, S.W. thence Jackson Place to Philadelphia, S.W. (Also to include that portion of Jackson Place, S.W. east of the aforementioned line on both sides of Jackson Place for a distance of 150 yards.)

Zone IV, Beecher: An area contained within a northern boundary of Donnelly Avenue; a southern boundary of Avon Avenue; a western boundary of Cascade Avenue, S.W and continuing as Cascade Road; and an eastern boundary of Lee Street, S.W.

Zone IV, Allison Court: An area contained within a northern boundary of Campbellton Road, S.W.; a southern boundary of the city limits; a western boundary of Delowe Drive, S.W., to include all buildings on the extension of Allison Court which extends west of Delowe and dead ends; an eastern boundary of the Fort McPherson property line.

Zone IV, M.L. King, Jr. Drive: An area contained within a northern boundary of the intersection of MLK, Jr. Drive, S.W. and Old Gordon Road, N.W. thence on MLK, Jr. Drive to Bolton Road, thence on Bolton Road to Fairlane Drive, N.W. thence on Fairlane Drive; a southern boundary starting at the intersection of MLK, Jr. Drive, S.W. and Interstate 285, and running a straight line, perpendicular to MLK, Jr. Drive, S.W., 500 yards, thence that line in a northerly direction with the midline of MLK, Jr. Drive; a western boundary starting at the intersection of Fairlane Drive, N.W. and Fedora Way, N.W. and running a line 500 yards perpendicular to the midline of MLK, Jr. Drive and with that line in a westerly direction to the eastern boundary of I-285.

Zone IV, Allen Temple: An area contained within a northern boundary of Oakcliff Road, N.W., thence a line connecting with Tribble Lane, N.W., thence Tribble Lane; a southern boundary from the intersection of Harlan Road, S.W. and Tee Road, S.W., and thence from that intersection, running a line, perpendicular to MLK, Jr. Drive 500 yards, thence that line in a southerly direction with the midline of MLK, Jr. Drive to Lynhurst Drive, S.W., thence with Lynhurst Drive to North Utoy Creek, thence with North Utoy Creek; a western boundary of I-285 to its crossing with Brownlee Road, S.W. thence with Brownlee Road; and an eastern boundary of Harlan Road, S.W. thence MLK, Jr. Drive, S.W. thence Linkwood Road, N . W.

Zone V, Fourth Ward: An area contained within a northern boundary of Ponce de Leon, N.E.; a southern boundary of Freedom Parkway, N.E., a western boundary of Argonne Avenue, N.E. continuing as Bedford Place, N.E. and continuing as Fort Street, N.E.; an eastern boundary of a straight line beginning at the intersection of Freedom Parkway where it intersects Corley Street, N.E. continuing along Corley Street to Highland Avenue, N.E thence a straight line to Florence Street, N.E. thence along Florence Street to East Avenue, N.E. thence a straight line to Wilmer Street, N.E. where it intersects Rankin Street, N.E. thence along Wilmer Street, N.E. and continuing in a straight line to Ponce de Leon Avenue, N.E.

Zone V, Midtown: An area contained within a northern boundary of 11th Street, N.E., a southern boundary of 4th Street, N.E.; a western boundary of West Peachtree Street, N.W.; an eastern boundary of Argonne Avenue, N.E., thence extending north along a straight line.

Zone V, Daniel Street: An area contained within a northern boundary of Auburn Avenue; a south-ern boundary of Decatur Street; a western boundary of Boulevard; an eastern boundary of Cornelia Street.

Zone VI, DeKalb Avenue: An area contained within a northern boundary of DeKalb Avenue; a southern boundary of Memorial Drive; a western Boundary of Moreland Avenue; an eastern boundary of Rogers Street.

Zone VI, Memorial Drive: An area contained within a northern boundary of Memorial Drive; a southern boundary of Portland Avenue and proceeding westerly along Portland Avenue to Glenwood Place, thence northerly along Glenwood Place to Glenwood Avenue, thence westerly on Glenwood Avenue; a western boundary of the Glenwood Memorial Connector; an eastern boundary of Flat Shoals Avenue.

Vine Street N.W., from the intersection of Vine and Magnolia Street to the intersection of Vine and Thurmond Street NW.

Police Beat 101: Martin Luther King, Jr. Drive and Peters Street Commercial Corridor: The area bordered on the north by Martin Luther King, Jr. Drive; on the east by Northside Drive thence Northeasterly on Peters Street to Spring Street; on the south by Atlanta Student Movement Blvd.; and on the west by Joseph E. Lowery Blvd.

Police Beat 102: The area bounded on the north by Joseph E. Boone Blvd., on the east by Northside Drive, on the south by Martin Luther King, Jr. Drive and on the west by Joseph E. Lowery Blvd.

Police Beat 104: The area bounded on the north by the MARTA rail line/Martin Luther King, Jr. Drive, on the east by Joseph E. Lowery Blvd., on the south by I-20 and on the west by West Lake Avenue.

Police Beat 105: The area bounded on the north by Joseph E. Boone Blvd., on the east by Joseph E. Lowery Blvd., on the south by Martin Luther King, Jr. Drive and on the west by West Lake Avenue.

Police Beat 106: The area bounded on the north by Johnson Road/West Marietta Street, on the east by Joseph E. Lowery Blvd., on the south by Joseph E. Boone Blvd., and on the west by West Lake Avenue/Grove Park Place.

Police Beat 301: The area bounded on the north by Ralph David Abernathy Boulevard; on the east by Metropolitan Parkway south to the Norfolk Southern rail line then east to the I-75/85 Downtown Connector then south along the I-75/85 Downtown Connector to an imaginary line coterminous with Casplan Street (north) then west back to Metropolitan Parkway; on the south by an imaginary line from east to west at the southern Boundary of Perkerson Park; and on the west by Lee Street.

Police Beat 303: The area bounded on the north by I-20, on the east by I-75/85, on the south by University Avenue and on the west by Metropolitan Parkway.

Police Beat 304: The area bounded on the north by Ralph David Abernathy Blvd., on the east by Metropolitan Parkway to 1-75/85, on the south by Langford Parkway and on the west by Lee Street.

Police Beat 306: The area bounded on the north by Dill Avenue, on the east by the I-75/85 Downtown Connector, on the south by Langford Parkway and on the west by Lee Street.

Police Bent 307: The area bounded on the north by Thirkeld Avenue, on the cast by Jonesboro Road, on the south by Lakewood Avenue and on the west the I-75/85 Downtown Connector.

Police Beat 310: The area bounded on the north by Langford Parkway, on the east by Jonesboro Road on the south by Cleveland Avenue and on the west by I-75/85.

Police Beat 311: The area hounded on the north by Cleveland Avenue, on the east by Hapeville Road, on the south by Mt. Zion Road and on the west by Sylvan Road.

Police Beat 401: Ralph David Abernathy Boulevard Commercial Corridor: The area bordered on the north by Interstate 20; on the east by West Whitehall Street; on the south by Ralph David Abernathy Blvd.; and on the west by Langhorn Street.

Police Beat 402: White Street Commercial Corridor: The area bordered on the north by Ralph David Abernathy Blvd.; on the east by Lawton Street to Hall Street to Donnelly Avenue to Lee Street; on the south by Arlington Avenue to Oakland Drive to Bridges Avenue; and on the west by Westmont Road to Cascade Avenue.

Police Beat 404: The area bounded on the north by I-20, on the east by Langhorn Street and Cascade Avenue, on the south by Cascade Avenue and Mays Drive, and on the west by Peyton Road.

Police Beat 509: The area bounded on the north by North Avenue, on the east by Piedmont Avenue, on the south by the 1-75/85 Downtown Connector and on the west by the 1-75/85 Downtown Connector.

Police Beat 510: The area bounded on the north by Harris Street, on the east by the I-75/85 Downtown Connector, on the south by Marietta Street and on the west by Peachtree Street.

Police Beat 511: Broad Street Commercial Corridor: The area bordered on the north by Decatur Street; on the east by Central Avenue; on the south by Mitchell Street; and on the west by Spring Street.

Police Beat 604: The area bounded on the north by Ralph McGill Blvd./Freedom Parkway, on the east by Moreland Avenue, on the south by Decatur Street/DeKalb Avenue and on the west by the I-75/85 Downtown Connector.

In APD Zones 5, beats 509 and 510.

In APD Zone 6, beat 604.

In APD Zone 3, beats 304, 306 and 307. (Ord. No. 1998-12, § 1, 3-3-98; Ord. No. 2001-23, § 1, 3-27-01; Ord. No. 2004-04, §§ 1, 2, 1-12-04; Ord. No. 2004-41, §§ 1—3, 6-24-04; Ord. No. 2008-22(08-O-0557), § 1, 4-28-08; Ord. No. 201208(12-O-0282), § 1, 3-14-12; Ord. No. 2013-11(13O-0317), § 1, 3-13-13; Ord. No. 2013-12(13-O0515), § 1, 3-27-13; Ord. No. 2013-19(13-O1032), § 1, 5-29-13; Ord. No. 2013-25(13-O1033), § 1, 5-29-13; Ord. No. 2013-26(13-O1047), § 1, 6-12-13; Ord. No. 2013-31(13-O1106), § 1, 7-1-13; Ord. No. 2013-59(13-O-1374), § 1, 11-27-13)

§ 106-404

Duration; revision; deletion.

Sec. 106-404. Duration; revision; deletion.

(a)Designation of drug-free commercial zones shall expire five years from the date of the enactment of this ordinance, unless the Council after causing an appropriate study to be undertaken, decides to continue as or designate as a drug-free commercial zone by enacting an ordinance and the subsequent adoption thereof by the General Assembly in accordance with O.C.G.A. 16-13-32.6, et seq.
(b)The council may revise the maps and designations by ordinance in the event it deems that appropriate, however a revised map shall not become effective and the new area shall not be a drug-free commercial zone until the revised map has been filed with the Georgia Department of Community Affairs in accordance with O.C.G.A. 16-13-32.6, et seq.
(c)The council may remove the designation of drug-free commercial zone in the event it deems that appropriate. The removal of the designation also shall be by ordinance. (Ord. No. 1998-12, § 1, 3-3-98)
§ 106-405

Prohibited acts.

Sec. 106-405. Prohibited acts.

(a)It shall be unlawful for any person within the designated drug-free commercial zones of the City of Atlanta to engage in, or have the purpose or intent of engaging in gaming; or of engaging in the purchase, use, possession or consumption of such illegal drugs, narcotics, or alcoholic beverages.
(b)Any person violating this code section shall be punished pursuant to section 1-8 of this Code as it shall be amended from time to time.
(c)A person is subject to exclusion for a period of six months from the public streets, sidewalks, and other public ways in all designated drug-free commercial zones designated in article VII of chapter 106 of the Code if that person has been found guilty and convicted of violating sub-paragraph (a) of this section. (Ord. No. 1998-12, § 1, 3-3-98; Ord. No. 201929(19-O-1208), § 1, 5-15-19)
§ 106-406

Issuance of exclusion notices.

Sec. 106-406. Issuance of exclusion notices.

(a)The judge of a court of the city shall issue exclusion notices to any person found in violation of this Code section as provided for in section 106-405(a).
(b)If a person excluded from designated drugfree commercial zones is found in any such zone during the exclusion period, that person is subject to immediate arrest for violation of this code section as provided in section 1-8 of this Code. (Ord. No. 1998-12, § 1, 3-3-98; Ord. No. 2005-03, § 14, 1-10-05)

Secs. 106-407—106-420. Reserved.

DIVISION 2. SCHOOL ZONES*

§ 106-421

Designation of drug free zones.

Sec. 106-421. Designation of drug free zones.

(a)Designated drug free school zones: Shall be defined as that area 1,000 feet within the locations described below:
(1)Booker T. Washington High School located at 45 Whitehouse Drive, SW, Atlanta, Georgia;
(2)John F. Kennedy Middle School located at 225 Griffin Street, NW, Atlanta, Georgia;
(3)Alonzo F. Herndon Elementary School located at 187 Wesley Avenue, NE, Atlanta, Georgia; and
(4)Mary McLeod Bethune Elementary School located at 220 Northside Drive, NW, Atlanta, Georgia.
(b)Designated drug free recreational zones: Shall be defined as that area 1,000 feet within the locations described below:
(1)John F. Kennedy Park located at 225 Orr Street, Atlanta, Georgia;

*Editor’s note—Ord. No. 2003-84, § 1, adopted July 29, 2003, has been renumbered at the editor's discretion to conform to the style of this Code. See the Code Comparative Table for a detailed analysis of inclusion.

(2)Charles L. Harper Memorial Park located at Joseph E. Lowery Blvd. at Mayson Turner Road, NW.
(c)Designated drug free residential zones: Shall be defined as that area 1,000 feet within the locations described below:
(d)The commissioner of transportation, in consultation with the Atlanta Police Department, shall erect appropriate signage at each location described in subsections (a), (b) and (c) above.
(e)The posting of signage at each location described in subsections (a)(1), (a)(2), (a)(3), (a)(4), (b)(1), (b)(2) above shall be funded by the project safe neighborhood grant. (Ord. No. 2003-84, § 1, 7-29-03; Ord. No. 202034(20-O-1382), § 5, 6-23-20)
§ 106-422

Duration; revision; deletion.

Sec. 106-422. Duration; revision; deletion.

(a)Designation of drug-free zones shall expire five years from the date of the enactment of this division, unless the council after causing an appropriate study to be undertaken, decides to continue as or designate as a drug-free zone by enacting an ordinance.
(b)The council may revise the designations by ordinance in the event it deems that appropriate.
(c)The council may remove the designation of drug-free zone in the event it deems that appropriate. The removal of the designation also shall be by ordinance. (Ord. No. 2003-84, § 1, 7-29-03)
§ 106-423

Prohibited acts.

Sec. 106-423. Prohibited acts.

(a)It shall be unlawful for any person within the drug-free zones designated is section 106421 of the City Code of Atlanta to manufacture, distribute, dispense or possess with intent to distribute a controlled substance or marijuana.
(b)Any person violating this code section shall be punished pursuant to section 1-8 of this Code as it shall be amended from time to time.
(c)A person is subject to exclusion for a period of six months from the public streets, sidewalks, and other public ways in all designated drug-free zones designated in article VII of chapter 106 of the Code if that person has been found guilty and convicted of violating sub-paragraph (a) of this section. (Ord. No. 2003-84, § 1, 7-29-03)
§ 106-424

Issuance of exclusion notices.

Sec. 106-424. Issuance of exclusion notices.

(a)The municipal court judge shall issue exclusion notices to any person found in violation of this Code section as provided for in section 106-423(a).
(b)If a person excluded from a designated drug-free zone is found in any such zone during the exclusion period, that person is subject to immediate arrest for violation of this code section as provided in section 1-8 of this Code. (Ord. No. 2003-84, § 1, 7-29-03; Ord. No. 200503, § 15, 1-10-05)

Secs. 106-425—106-800. Reserved.

ARTICLE VIII. RESERVED* Secs. 106-801—106-809. Reserved.

*Editor’s note—Ord. No. 2008-83(08-O-2136, § 2, approved November 24, 2008, repealed Art. VIII, §§ 106-801— 106-809, which pertained to graffiti abatement. The user's attention is directed to section 74-174 for similar provisions. See also the Code Comparative Table.

Chapters 107—109 RESERVED CD 107:1 Chapter 110 PARKS AND RECREATION* Article I. In General Sec. 110-1. Definitions. Sec. 110-2. Parks council. Sec. 110-3. Fee schedule. Sec. 110-4. Athletic fees. Sec. 110-5. Acceptance of gifts of animals. Sec. 110-6. Use of city picnic pavilions. Sec. 110-7. Playgrounds. Secs. 110-8—110-30. Reserved.

Article II. Department of Parks and Recreation Sec. 110-31. Additional qualifications of Commissioner of parks, recreation and cultural affairs.

Sec. 110-32. Bureaus. Sec. 110-33. Qualifications of director, bureau of parks. Sec. 110-34. Functions and duties of bureau of parks. Sec. 110-35. Qualifications of director, bureau of recreation. Sec. 110-36. Functions and duties of bureau of recreation. Sec. 110-37. Qualifications of director, bureau of cultural affairs. Sec. 110-38. Functions and duties of bureau of cultural affairs. Secs. 110-39—110-54. Reserved.

Article III. Park Rules Division 1. Generally Sec. 110-55. Definitions. Sec. 110-56. Violations. Sec. 110-57. Authority to adopt. Sec. 110-58. Provisions extended to parks. Sec. 110-59. Prohibited conduct. Sec. 110-60. Use of public parks at night. Sec. 110-61. Closing of drive or avenue in park. Sec. 110-62. Sale of goods, articles or services. Sec. 110-63. Reserved. Sec. 110-64. Sale of articles at community prices. Sec. 110-65. Boating and swimming. Sec. 110-66. Weapons. Sec. 110-67. Hunting and fishing. Sec. 110-68. Approved lifeguard required at all swimming pools. Sec. 110-69. Protection of plants and animals. Sec. 110-70. Pets. Sec. 110-70.1. Dogs permitted in certain areas of Grant Park. Sec. 110-70.2. Dogs permitted in certain areas of Piedmont Park. Sec. 110-70.3. Reserved.

*Cross references—Naming of public facilities and streets in honor of persons, § 2-2; vending machines on city property and in city facilities, § 2-3; budgets for and rental of neighborhood centers, § 2-921; civic and cultural affairs, ch. 46; library, ch. 102.

Land development code reference—Impact fee for parks and recreational services, § 19-1001 et seq. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; specific constitutional grant of authority relative to parks, recreational areas, programs and facilities, Ga. Const. art. IX, § II, ¶ III(a)(5); statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.; municipal recreation generally, O.C.G.A. § 36-64-1 et seq.

Sec. 110-70.4 Dogs permitted in certain areas of Southbend Park. Sec. 110-71. Horseback riding and similar activities. Sec. 110-72. Model airplane flying. Sec. 110-73. Copying cyclorama. Sec. 110-74. Helicopters. Sec. 110-75. Overnight and other outdoor events occurring in parks. Sec. 110-76. Prohibited conduct in parks during outdoor events, assemblies. Sec. 110-77. Posting bills and notices. Secs. 110-78—110-85. Reserved.

Sec. 110-86. Sec. 110-87. Sec. 110-88.

Division 2. Traffic Use of drives and avenues. Driving across parks. Unauthorized parking of vehicles in parks.

ARTICLE I. IN GENERAL