Atlanta › Code of Ordinances — Part II (General Ordinances)
Chapter 138 — Streets, Sidewalks and Other Public Places
§ 138-1
Definitions.
Sec. 138-1. Definitions.
For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended.
Sec. 138-1.1. "Abutting property owner" means the owner(s) of property abutting and contiguous to the street or right-of-way in question.
Sec. 138-1.2. "Affected persons or groups" means any property owner, person or group that may presently use or may reasonably expect to make future use of the right-of-way in question for transportation or other standard purpose which shall constitute greater interest than that of the general public including all persons described in section 138-68 and any persons that have facilities located in such right-of-way.
Sec. 138-[1].3. "Bridge agreement" means an agreement arranging the terms for constructing, operating and maintaining a privately owned bridge in the public right-of-way.
Sec. 138-1.4. "Decorative sidewalk agreement" means an agreement arranging the terms for construction and maintenance of a decorative sidewalk in the public right-of-way.
Sec. 138-1.5. "Encroachment agreement" means an agreement arranging the terms under which an encroachment shall be allowed to exist within the public right-of-way.
§ 138-1.6
"Licensee" means any person which is a party to a revocable license issued by the city.
Sec. 138-1.6. "Licensee" means any person which is a party to a revocable license issued by the city.
*Editor’s note—Ord. No. 2001-22, § 1, adopted March 14, 2001, amended article I in its entirety. Formerly, article I pertained to similar subject matter. See the Code Comparative Table.
To the extent permitted by law, the city may determine to apply all or certain provisions of this ordinance [Ord. No. 2001-22] to agreements, franchises, and licenses existing on the effective date of this ordinance [March 5, 2001]. This ordinance shall apply to all telecommunications providers, persons seeking to use the streets in the manner described in section 138-127 herein, and franchisees, permittees, and licensees after its adoption.
Sec. 138-1.7. "Permit" means an authorization which grants permission to conduct specific regulated activities on, in, over, under or within any public right-of-way, and which is subject to the conditions set forth in chapter 138 of this Code.
Sec. 138-1.8. "Permittee" means any person who holds a permit issued by the city.
Sec. 138-1.9. "Person" means any individual or any association, firm, partnership, joint venture, corporation or other legally recognized entity, whether for profit or not for profit, but shall not mean the city.
Sec. 138-1.10. "Petitioner" means the person requesting the abandonment and providing the required submittals. Only abutting property owners or their agents shall qualify as a petitioner to initiate the abandonment of any street or right-of-way.
Sec. 138-1.10.[1.] "Public right-of-way" or "rightof-way" means generally property of any interest therein, whether or not in the form of a strip, for or devoted to (a) public transportation purposes; or (b) the placement of utility easements and other traditional uses along a transportation route, whether by dedication, prescription or otherwise, as well as the spaces above and below.
Sec. 138-1.11. "Street" means the surface of, as well as the spaces below, any and all paved or unpaved public roads consistent with GA. Code Ann. § 32-1-3(24) 1998."Street" shall include the land area set aside for public uses as a travel way for vehicular traffic, pedestrian access, public utilities and other uses.
Sec. 138-1.12. "Tie-back agreement" means an agreement arranging the terms for placing and removing tie-back cables in the public right-ofway. (Ord. No. 2001-22, § 1, 3-14-01)
§ 138-2
Interest of city.
Sec. 138-2. Interest of city.
Any work conducted in, on, or along any street, or public right-of-way in the city limits of Atlanta must be permitted by the City of Atlanta. (Ord. No. 2001-22, § 1, 3-14-01)
§ 138-3
Authority to regulate assigned to commissioner of transportation.
Sec. 138-3. Authority to regulate assigned to commissioner of transportation.
The authority and responsibility to regulate activities within public right-of-way is hereby assigned to the commissioner of transportation. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 1, 6-23-20)
§ 138-4
Enforcement, penalties, violations.
Sec. 138-4. Enforcement, penalties, violations.
(a)Authority. The primary authority and responsibility for the enforcement of the provisions of this chapter shall be vested in the commissioner of transportation. Upon a determination that a person is in violation of this chapter, the commissioner of transportation or his designee shall give notice or issue a citation that indicates they are in violation of a section in this chapter. Should the violation continue after receiving notice of violation, the commissioner of transportation or his designee may cite the violator to appear before the judge of the municipal court for a hearing on the charge of violation of this chapter. Upon a finding that a section of this chapter has been violated, the violator shall be subject to one or more of the penalties:
(1)The revocation or suspension of a license, permit or franchise agreement for access to the public right-of-way after written notice and reasonable opportunity to cure.
(2)The issuance of a stop work order by the department of transportation preventing work on the public streets, public rightof-way or any associated private projects of the city until the conditions outlined in the stop work order are met.
(3)A fine not exceeding $1,000.00 a day for a violation of a provision of this chapter.
(4)Imprisonment for a term not exceeding six months.
(b)Additional penalties. The imposition of any of the foregoing penalties shall not prevent revocation or suspension of a license, permit, franchise, other administrative sanctions or any other relief that may be granted under law.
(c)Continuous and repeated violations.
(1)Violations of this Code that are continuous with respect to time are a public nuisance and may be abated by injunctive or other equitable relief and by such other means as are provided by law. The imposition of a penalty does not prevent equitable relief.
(2)With respect to violations of this chapter that are continuous with respect to time, each day the violation continues, it is a separate offense.
(Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 2, 6-23-20)
§ 138-5
Alleys.
Sec. 138-5. Alleys.
(a)The city is not and shall not be responsible for the maintenance of alleys, with the exception of three alleys (sometimes referred to as "public alleys") which have been historically maintained by the city. These three alleys are located in the central business district, connect major thoroughfares, are paved, and serve general transportation and public purpose. The alleys thus excepted are:
(1)Mortgage Place, N.W., from Carnegie Way to Ellis Street.
(2)Equitable Place, N.E., from Auburn Avenue to Edgewood Avenue.
(3)Cain Place, N.W., from International Boulevard to Harris Street.
(b)The city has no interest in, and shall not be responsible for any other alley within the city limits. Public service vehicles such as garbage trucks, fire safety vehicles, or police vehicles may make use of alleys in the provision of their service. However, none of these or other historic or present uses shall constitute public ownership of, interest in, or responsibility for said alleys.
(c)The city shall not maintain or improve any private alley provided however the city is an abutting property owner or the alley serves as access to a city facility.
(d)When the city shall need to acquire real property, right-of-way, or, easements within an alley, the city has and will, barring evidence to the contrary, assume the centerline of the alley to be the property line between abutting private properties, and shall consider the area within the alley to belong in equal proportions to the abutting property owners. Calculations as to the value of such property or property rights to be acquired shall be made accordingly. (Ord. No. 2001-22, § 1, 3-14-01)
§ 138-6
Standard specifications adopted.
Sec. 138-6. Standard specifications adopted.
The street, sidewalk and concrete curb specifications, latest revision, copies of which are on file in the offices of the municipal clerk and commissioner of transportation, are adopted. The commissioner of transportation is authorized to perform updates and revisions, from time to time, in order to reflect changes in acceptable design standards and materials, and to reflect current construction costs. (Code 1977, § 9-3017; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 3, 6-2320)
§ 138-7
Approval of design, construction, repair, maintenance or modification of subdivisions.
Sec. 138-7. Approval of design, construction, repair, maintenance or modification of subdivisions.
When design, construction, repair, maintenance or modification of subdivisions or the infrastructure under the jurisdiction of the commissioner of transportation is proposed, the design, construction, repair, maintenance or modification shall be approved in writing by the commissioner of transportation or the commissioner's designee pursuant to the standards and requirements of this chapter. (Code 1977, § 9-3001; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 4, 6-2320)
§ 138-8
Street name changes; dedication of certain public places.
Sec. 138-8. Street name changes; dedication of certain public places.
(a)Recognition of public interest. The city recognizes that, from time to time, a certain individual or organization may make historical, cultural or other important contributions to the city, the State of Georgia or the United States that merit recognition by renaming a Street or naming or dedicating a public place, such as a cross-walk, building, park, or other similar public place ("public place" or "public places") within the city in their honor. The city also recognizes that certain streets or public places within the city have already been named in honor of certain individuals or organizations that have made historical, cultural or other important contributions to the city, the State of Georgia or the United States. This section prescribes the procedures by which existing streets or public places within the city may be named or dedicated in honor of individuals and organizations, while preserving the integrity of those streets and public places that have already been historically connected or dedicated with the name of an individual or organization.
(b)Application procedure.
(1)Submission of application. If a citizen of the city desires to submit to the city a request to rename a street (a "street renaming") or name or dedicate ("dedication") a public place to a noteworthy individual or organization, that citizen must submit to the city's commissioner of its department of transportation an application for the street renaming or dedication. The number of individuals required by this section must sign the application.
(2)Dedication proposals. Dedications may be proposed by an applicant in either of two manners. First, the applicant may select a dedication package ("package") offered by the city. Specific packages may be obtained by an applicant in the city's department of transportation. Second, an applicant may design and propose to the city in an application a dedication, the amenities of which are not included in a package. If this option is pursued, the application must contain a detailed cost estimate for the implementation of the specific dedication.
(3)Street renaming. If an applicant proposes to rename an existing street, the application must contain a detailed cost estimate for the implementation of the street renaming, including all costs associated with producing and installing appropriate signage to effectuate the street renaming.
(4)Initial application fee; cost of available city packages; cost to implement dedication.
a.An initial $2,500.00 deposit to cover administrative and other associated costs concerning the city's consideration of the application for the street renaming or dedication, including advertising the proposed street renaming or dedication, must also accompany the application. Funds received will be deposited into the general fund of the city.
b.The city recognizes that street renamings often impose a significant hardship on residences and businesses located on the street in that maps, banking information, driver's license information, billing information, websites, yellow page information and other advertising information, letterheads and other stationary or residential/business materials, and other information relative to the affected residences or businesses will need to be changed as a result of a street renaming. Accordingly, applications for dedications, rather than street renamings, encouraged by the city and will receive priority in consideration.
c.If the street renaming or dedication is accepted by the city pursuant to legislation adopted by the city's council and approved by the mayor, in accordance with the City's Code of Ordinances, then the applicant will be further required to submit payment to the city in the amount of the cost of the installation of signage and/or other amenities associated with the street renaming or dedication.
d.The costs to implement an accepted street renaming or dedication will be determined by the city as follows:
1.If the application involves a dedication and the applicant chooses to utilize one of the packages offered by the city for dedications, the cost will be that attributable to the specific package chosen;
2.If the applicant proposes a dedication, the amenities of which are not included in a package, the cost will be either the cost set forth in the application (plus any additional costs estimated by the city not set forth in the application or the cost estimated by the city, as noticed to the applicant;
3.If the application proposes a street renaming, the cost will be either the cost set forth in the application (plus any additional costs estimated by the city not set forth in the application) or the cost estimated by the city, as noticed to the applicant.
e.The costs to implement an accepted street renaming or dedication will be determined by the city as follows:
1.If the application involves a dedication and the applicant chooses to utilize one of the packages offered by the city for dedications, the cost will be that attributable to the specific package chosen;
2.If the applicant proposes a dedication, the amenities of which are not included in a package, the cost will be either the cost set forth in the application (plus any additional costs estimated by the city not set forth in the application or the cost estimated by the city, as noticed to the applicant;
3.If the application proposes a street renaming, the cost will be either the cost set forth in the application (plus any additional costs estimated by the city not set forth in the application) or the cost estimated by the city, as noticed to the applicant.
4.If the application proposes a street renaming associated with the Confederacy as identified by the Advisory Committee on City of Atlanta Street Names and Monuments Associated with the Confederacy, the application may be submitted with no cost.
(5)Application form and additional contents of application. The application must be provided on forms furnished by the commissioner of the department of transportation and must contain the following:
a.An agreement that the applicant will be responsible for all costs to the city associated with the street renaming or dedication, including, but not limited to signage costs, annual maintenance costs and other costs associated with the street renaming or dedication and their continued maintenance. This agreement will provide that the applicant will remit to the city monies to apply to the additional costs within three days of receiving written notification from the city of the additional costs. The obligation to pay continuing costs will remain in place as long as the street renaming or dedication exists;
b.An agreement to provide an appropriate performance bond or other form of security determined by the commissioner of the depart-ment of transportation, in his/her discretion, to be sufficient to cover the financial responsibility of the applicant for costs associated with a street renaming or dedication;
c.1. If the application concerns a street renaming, it must be accompanied by a list of the names and addresses and signatures of 75 percent of the property owners, or residents providing evidence of occupancy, or businesses located on the street to which the street renaming applies, in favor of the street renaming and whose address will change as a result of the street renaming;
2.If the application concerns a street renaming associated with the Confederacy as identified by the Advisory Committee on City of Atlanta Street Names and Monuments Associated with the Confederacy, it must be accompanied by a list of the names and addresses and signatures of 50 percent of the property owners, or residents providing evidence of occupancy, or businesses located on the street to which the street renaming applies, in favor of the street renaming and whose address will change as a result of the street renaming.
d.Any other terms that the commissioner of the department of transportation may deem, from time to time, necessary to include in application forms provided to citizens wishing to implement a street renaming or dedication, including, but not limited to:
1.A site plan of any planned improvements contemplated in connection with the street renaming or dedication, sealed by a Georgia registered engineer, architect or landscape architect, meeting the requirements of the city's department of transportation;
2.Specifications and details of any amenities associated with the street renaming or dedication;
3.Narrative biography of individual, or organizational history to which the street renaming or dedication applies; and
4.Proposed maintenance schedule for any improvements or amenities associated with the street renaming or dedication and a legal description of the specific property to which the street renaming or dedication applies.
(c)Qualification conditions applicable to proposed street renaming or dedication. Individuals or organizations for which a street renaming or dedication is proposed must meet the following minimum qualifications:
(1)If a living individual, he or she must have reached the age of 75 at the time of the application;
(2)If a deceased individual, the application must be submitted at least 30 days after the date of death; and
(3)If an individual or organization, he/it must be of local, national or international reputation.
(d)Consideration of application; effectuating the street renaming or dedication.
(1)Transportation actions required. Upon a determination that the application is complete, the commissioner of transportation, or his designee, shall do the following:
a.Provide notification of the application for a street renaming or dedication to, and collect and tabulate the responses, if any, from:
1.City agencies and other public agencies, including police, fire, planning, bureau of buildings, watershed management, MARTA, and the Georgia Department of Transportation (GDOT), Highways and Streets;
2.All affected city public schools and impacted neighborhood planning unit(s) located on or in the vicinity of the proposed street renaming or dedication; and
3.Any other persons the commissioner of the department of transportation deems, in his/ her discretion, should receive notice of the proposed street renaming or dedication.
b.Review existing records and make certain the street renamings or dedication's proposed name or similar name does not exist, as well as determine for whom the street or public place is currently named;
c.Post appropriate signage notifying the public of the proposed street renaming or dedication;
d.Advise the applicant for the street renaming or dedication on the feasibility of the street renaming or dedication;
e.Advise the applicant if the proposed street renaming or dedication is not feasible, as well as what the applicant must do to make the street renaming or dedication feasible;
f.Refund of the fee paid by the applicant for the street renaming or dedication, if the commissioner of transportation does not recommend the street renaming or dedication. If a proposed dedication or street renaming is denied, this refund will be automatic.
(2)Submission of ordinance; waiver of street renaming or dedication conditions by council. Upon a determination by the commissioner of transportation that the conditions outlined in this section for a street renaming or dedication have been fulfilled and that the street renaming or dedication is in the best interests of the city, the commissioner of transportation shall submit to the city's council an ordinance to legislatively implement the street renaming or dedication, which ordinance must specifically indicate that such conditions have been met.
(3)City's committee of purview. The city's committee of purview shall not consider an ordinance for a street renaming or dedication unless the conditions outlined in this section have been met.
(4)Advertisement; hearing. Prior to considering a street renaming or dedication ordinance, a legal advertisement must be published in at least one of the daily papers circulated for readership in the city, which advertisement will notify the public that a hearing on the proposed street renaming or dedication will be held by the city's committee of purview on a day certain, which date will be not less than seven days from the date of the paper in which the advertisement appears. The advertisement will give notice of the introduction of the ordinance, the street renaming or dedication and the time and place of the hearing on the ordinance before the city's committee of purview. The council staff of the city's committee of purview, through the municipal clerk's office, will be responsible for placing the advertisement in an appropriate publication in a timely manner. The municipal clerk will be authorized to place the required advertisement upon receipt from council staff written notification that the application is complete and that all conditions of this section concerning the specific street renaming or dedication have been satisfied by the applicant. At the hearing, any person opposed to the street renaming or dedication will be allowed a reasonable time within which to present such person's views and opposition to the street renaming or dedication, after which the city's committee of purview will make its recommendation to the council on the ordinance. Thereafter, the council shall have full power and authority to adopt or reject the street renaming or dedication and the ordinance.
(5)Final notices of dedication. Upon the adoption of the section by the council after the hearing before the city's committee of purview, and upon approval of the ordinance by the mayor, notice of the street renaming or dedication must be given by the municipal clerk as follows:
a.If a street renaming is involved, notice must be provided to all property owners located on the street;
b.If a dedication is involved, notice must be given to all property owners within 300 feet of the public place to which the dedication applies; and
c.Notice of the street renaming or dedication must be given to the U.S. Postal Service.
(6)Implementing a street renaming or dedication; term of street renaming or dedication. The department of transportation or the appropriate city agency must take all actions necessary to fully implement the street renaming or dedication (e.g. fabricating and installing appropriate signage) within 60 days of the effective date of the applicable street renaming or dedication ordinance.
(7)Duration of dedication; failure to maintain dedication. A dedication will be valid for a period of three years. Within 90 days of the expiration of a dedication, the applicant may renew the dedication by paying to the city established maintenance costs for the dedication for the next three years. If an applicant fails to maintain a dedication for a period of six months, the dedication will lapse and the city may remove all amenities associated with the dedication. All costs associated with the removal and restoration of a dedication site will be paid by the applicant within three days of receipt of an invoice from the city.
(8)Continuity of dedication. Dedications that have not expired and are current in terms of payment of costs may not be withdrawn by the city in favor of a subsequent applicant.
(9)Maintenance of dedication by thirdparty. Costs associated with a street renaming or dedication may be paid by the city to a third party agency with which the city has an agreement for the maintenance of the street renaming or dedication. Accordingly, when calculating costs for a street renaming or dedication, the city may include in those costs any administrative or other fee charged by the third party agency pursuant to its agreement with the city.
(e)Urban design commission review and comment. All street renamings and dedications located in the City of Atlanta must be reviewed by the urban design commission and be the subject of a regularly scheduled commission meeting. In advance of such a meeting, neighborhood associations, historical groups, historic preservation groups, and other interested parties will be notified that the street renaming or dedication has been placed on the commission's agenda. After the meeting, written findings regarding the street renaming or dedication must be forwarded to the city's commissioner of its department of transportation and must be received by the commissioner before the commissioner is authorized to submit to the city council legislation authorizing the street renaming or dedication.
(f)Georgia Department of Transportation street renamings. If the State of Georgia implements a street renaming for a street within the municipal limits of the city, but does not have the appropriate signage installed effectuating the street renaming, the council member of the affected district or post may introduce an ordinance to effectuate the street renaming pursuant to the city's legislative process.
(g)Maintenance of street renaming or dedication records. The municipal clerk must maintain a record of all street renamings and dedications and, including records reflecting the prior name of the street or public place, as well as the new name and the effective date of the name change.
(h)Street name continuity. All applications for a street renaming must propose the change of the street name for the entire length of the street. An application proposing to change the name of only a portion of a street must be rejected by the commissioner of transportation.
(i)Maintenance of a street renaming or dedication. If the maintenance of the signage or other street renaming or dedication amenities require a higher standard of maintenance than that provided by the department of transportation or other appropriate city department, the applicant will be required to enter into a maintenance agreement with the city, or third party designee of the city, secured by a performance bond issued by a surety authorized to do business in the State of Georgia by the Georgia Insurance Commissioner, in a penal amount to be determined by the commissioner of transportation. (Code 1977, § 1-202(d); Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2003-12, § 1, 2-12-03; Ord. No. 2007-80(07-O-2503), § 1, 12-11-07; Ord. No. 201762(17-O-1612), § 1, 10-16-17; Ord. No. 2020-32(20O-1379), § 5, 6-23-20; Ord. No. 2020-41(20-O1446), §§ 1, 2, 7-15-20)
§ 138-9
Vacating and abandoning streets.
Sec. 138-9. Vacating and abandoning streets.
(a)In order to initiate a petition for the abandonment of any street or portion of any street, the petitioner or petitioners shall submit a petition to the commissioner of transportation, which shall consist of the following:
(1)Name and addresses of petitioners; and a statement that the petitioner owns or is the agent of one who owns property that abuts the parcel under consideration.
(2)Survey or plat of the area to be abandoned, prepared by a registered surveyor in a manner suitable for filing, and reviewed and approved by the department of transportation. The plat shall show the right-of-way divided on a pro-rata basis among the abutting property owners;
(3)Legal description and area in square feet of each parcel of the subdivided right-ofway to be abandoned;
(4)Name and mailing address of each abutting property owner(s) property tax identification numbers, deed book and page number of all recorded deeds and plats for each abutting property;
(5)A fee of $2,500.00 for abandoned streets abutting the development of residential subdivisions or commercial or industrial tracts, or a fee of $2,000.00 for abandoned streets abutting individual residential lots, which fees shall be applied to the cost of the appraisal of the parcel and advertisement of the proposed abandonment.
(6)A signed certification of intent from the petitioners and each abutting property owners that they intend to acquire title and compensate the city for the fee simple fair market value of the pro-rated portion of the right-of-way abutting their property, if abandoned, in exchange for the consideration of the petition and acknowledgment that if the property owner fails to acquire title and complete the transfer after the abandonment, the city may place a lien upon the property in an amount equivalent to the fair market value; and
(7)If a property owner is unwilling to acquire his pro-rata share of the right-of-way to be abandoned, that property owner may agree that his share may be paid for and/or acquired by another abutting property owner as long as the right-ofway in question is contiguous to the property to which it is to be joined; and
(8)Any other information deemed necessary or appropriate by the commissioner of the department of transportation.
(b)Upon a determination that the petition is complete or legislation has been introduced by a member of the council, the commissioner of transportation or his designee shall do the following:
(1)Notify all abutting property owners and others known affected persons or groups by certified mail of the petition to abandon said street and of their right to respond to the petition. Those notified shall be allowed 30 days to respond.
(2)Notify of the petition to abandon the street(s) and receive responses from: City agencies and other public agencies, including police, fire, planning, watershed management, MARTA, the Georgia Department of Transportation, Highways and Streets, and Grady Hospital; all affected city public schools and neighborhood planning unit(s); all utilities and others with facilities located in the street(s) to be abandoned; and any other persons the commissioner of transportation deems, in his discretion, should receive notice of the proposed abandonment.
(3)Review existing records and make a site visit.
(4)Post appropriate signage notifying the public of the proposed abandonment.
(5)Evaluate the responses, documents, and findings from abutting property owner, affected person, and petitioner and determine, based on criteria established by the commissioner, whether the street in question is no longer necessary as a public right-of-way and whether the petition for a street abandonment can be accommodated.
(6)Advise the petitioner on the feasibility of abandoning the street and if the petition for abandonment is not feasible, advise the petitioners on what must be done to make it feasible.
(7)Request of the refund of the fee paid pursuant to this section if the commissioner of transportation does not recommend the street abandonment.
(c)Upon a determination by the commissioner of transportation that the street is no longer necessary for the public's use and convenience as a public right-of-way, and that the conditions outlined in this section have been fulfilled, the commissioner of transportation shall submit an abandonment ordinance to the council for consideration. An ordinance cannot be considered until the provisions outlined in this section have been fulfilled.
(1)The fees described in section this section may be waived by ordinance of the council upon recommendation by the purchasing agent; or
(2)In the event that the value of the abandoned right-of-way parcels are determined to be equal to or less than the cost of conducting an appraisal, the council may waive the requirement for an appraisal and may declare that the fair market value shall be an amount equal to the square foot unit value of the abutting property as determined by the most recent appraisal by the appropriate county tax commissioner.
(d)All legislation related to street abandonments shall originate in the transportation committee as a committee paper. The transportation committee shall not consider legislation for abandonment of public right-of-way unless the conditions outlined in this section have been met.
(e)In order to vacate or abandon any street or a portion of any street, an ordinance prepared by the department of transportation declaring the intent of the city to abandon the street or a portion of the street which, in the judgment of the council, has ceased to be used by the public to the extent that no substantial public purpose is served by it or is no longer needed for public road purposes shall be passed by the council. There shall be attached to the ordinance a plat or sketch showing the street or portion of the street to be vacated or abandoned, and indicating which sections shall be acquired by which affected parties.
(f)Prior to consideration of the ordinance shall authorize and require an advertisement shall be published in at least one of the daily papers published in the city, which advertisement shall notify the public that a hearing on the question of the abandoning of the street or a portion of the street will be held by the transportation committee on a day certain, which date shall be not less than ten days from the date of the paper in which the advertisement appears. The advertisement shall give notice of the introduction of the ordinance, the street or portion of the street proposed to be vacated or abandoned and the time and place of the hearing thereon. The council staff of the transportation committee through the municipal clerk's office shall be responsible for the advertisement being done in a timely manner. The municipal clerk shall be authorized to place said advertisement upon receipt from the commissioner of transportation or his designee that the petition is complete. Written notice of the hearing shall be given by the department of transportation to the owners of property located on the street or portion of the street to be vacated or abandoned. At the hearing, any person opposed to the vacation or abandonment shall be allowed a reasonable time within which to present such person's views and opposition thereto, after which the transportation committee shall make its recommendation to the council on the ordinance. Thereafter, the council shall have full power and authority to adopt or reject the ordinance.
(g)If the transportation committee recommends that the street or right-of-way be abandoned, the owner(s) of each abutting property shall post funds with the clerk of council, within a time limit set by the transportation committee, in an amount equal to the fair market value of the portion of the right-of-way to be acquired. Upon receiving the recommendation from the committee, and funds being posted for all portions of the right-of-way in question, the council shall have full power and authority to adopt or reject the ordinance. Council shall not act upon the abandonment ordinance until all funds have been received.
(h)Upon the adoption of the ordinance by the council after the hearing before the transportation committee, and upon approval of the ordinance by the mayor, notice of vacation or abandonment shall be given to property owners located on the street or portion of the street vacated or abandoned, and the street or portion of the street shall thereafter cease to be a street for any purpose whatsoever and the rights of the public in and to that section of the street vacated or abandoned shall cease, provided that all easements and rights of the utilities, telecommunications providers and other persons that have facilities located in the street shall continue as governed by state law.
(i)Streets or right-of-way having been abandoned shall be divided along the centerline and transferred by quit claim deed to the abutting property owners along each side of the abandoned right-of-way in sections defined by extension of existing property lines. Said transfer shall be conditioned upon the abutting property owner having posted funds as outlined in paragraph (e) above. If the abutting property owner fails to post funds as outlined in paragraph (e), another abutting property owner may post such funds and shall thereby assume the right to acquire that portion of the abandoned right-ofway. Any such quitclaim deed shall not effect utilities located in such street or right-of-way.
(j)If, having duly signed a certification of intent as described in this section, the property owner shall fail to complete the transaction to acquire the appropriate pro-rata share of the abandoned right-of-way, the city attorney shall unilaterally file a quit-claim deed and shall simultaneously file a lien against the abutting property in an amount equal to the fair market value of the right-of-way portion in question.
(1)No street nor right-of-way shall be abandoned where the abandonment shall result in any parcel of land being left landlocked, nor shall any new unbuildable lot be created. No abandonment shall occur until all portions of the right-of-way are identified and accounted for as to whom shall be the receiving owner, and appropriate funds have been posted. All property boundaries resulting from the abandonment of any street or rightof-way shall be as regular and reasonable as possible.
(k)Physical conditions for abandonment. No street or right-of-way shall be abandoned unless the following conditions are met.
(1)No abandonment shall result in any parcel of land being left landlocked, nor shall any new lot be created which does not comply with the current applicable zoning and building permitting requirements.
(2)No abandonment shall result in the creation of any dead end street without the inclusion of an appropriate turnaround infrastructure to be installed by the petitioner at the petitioner's expense as defined in the department of transportation standard details. It shall be a condition of any abandonment that appropriate city standard infrastructure shall be constructed by the petitioner, including the appropriate dedication of any additional land area required by construction of a cul-de-sac.
(Code 1977, §§ 9-3014, 9-3015; Ord. No. 1999-60, § 2, 8-10-99; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2001-46, § 1, 6-25-01; Ord. No. 2013-35(13O-1121), § 1, 7-24-13; Ord. No. 2020-32(20-O1379), § 6, 6-23-20)
State law reference—Abandonment of roads, O.C.G.A. § 32-7-1 et seq.
§ 138-10
Dangerous or hazardous conditions near the right-ofway.
Sec. 138-10. Dangerous or hazardous conditions near the right-ofway.
(a)Fences.
(1)Prohibited. It shall be unlawful for any person to erect or maintain any barbed wire fence, electric fence or any other character of fence or object that would endanger the persons or clothing of passersby along the sidewalks on the portion of any lot adjacent to a public right-of-way in the city, unless the fence is amply protected by a barrier approved by the commissioner of transportation or unless the fence is placed not less than three feet from the inside edge of the sidewalks of the street, the location being totally on abutting private property.
(2)Enforcement. The police chief shall, upon request of any citizen or upon the request of the transportation, give notice to the owner of the property where the fence may be that the fence violates this section, and, unless removed within three days after notice, the owner shall be cited to appear before the judge of the municipal court for a hearing on the charge of violation of this section. Upon finding that this section has been violated, the owner may be required by the court to remove the barbed wire within a time prescribed by the court or the commissioner of transportation shall be authorized to remove the barbed wire and the cost of removal shall be a lien against the property.
(Code 1977, § 9-3004; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 7, 6-2320)
§ 138-11
Digging up, carrying away gravel, earth and other material from street or sidewalk.
Sec. 138-11. Digging up, carrying away gravel, earth and other material from street or sidewalk.
Except as otherwise provided, it shall be unlawful for any person to dig or scrape up and carry away gravel, earth, dirt, rock, sand or other materials which are a part of any street or sidewalk of the city. (Code 1977, § 9-3005; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-12
Depositing, dumping or storing material in street or sidewalk.
Sec. 138-12. Depositing, dumping or storing material in street or sidewalk.
Except as otherwise provided in this chapter, it shall be unlawful for any person to dump, deposit, or store any refuse, waste, garbage or other material of any nature, in or along the public right-of-way. (Ord. No. 2001-22, § 1, 3-14-01)
§ 138-13
Affixing signs within right-ofway.
Sec. 138-13. Affixing signs within right-ofway.
(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:
(1)"Affix" shall mean the act of tacking, nailing, posting, gluing, painting, stapling, marking or writing upon the surface of any structure or directing, authorizing or paying another to do such act.
(2)"Public property" within the public rightof-way shall mean the area lying within the dedicated or prescriptive easement of any street or road located within the city, whether improved or not, including sidewalks, ditches, drains, the tree lawn areas between detached sidewalks and streets, roadway medians, parkways, bridges, utility poles and boxes, street signs and sign poles.
(3)"Sign" shall mean any material containing printed or written matter in words, symbols, pictures, or any combination thereof, including, but not limited to flyers, handbills, pennants, posters, and streamers.
(4)"Special event sign" shall mean any temporary sign which shall advertise or promote any meeting, event, gathering, function, entertainment or other activity scheduled for a particular date or series of consecutive days.
(b)Signage prohibited. Except as provided in this section, it shall be unlawful to post or affix signs on public property within the public rightof-way.
(c)Exceptions. Nothing in this section shall apply to the installation of the following:
(1)Metal plaques or plates commemorating a historical, cultural or artistic event, location or personality;
(2)Signage identifying licensed franchisees of the city or indicating the presence of workers of permitted utilities and their facilities or equipment within or immediately adjacent to the right-ofway;
(3)Signage identifying or directing vehicular or pedestrian traffic to or from property immediately adjacent to the signage when displayed on structures under the ownership or control of the property owner or lessee;
(4)Signage providing public transportation information;
(5)Signage providing direction to governmental facilities, hospitals or houses of worship;
(6)Signage affixed pursuant to permits issued by governmental entities having authority to do so;
(7)Signage used to provide for the safety of individuals using the public right-of-way or immediately adjacent property;
(8)Flags, banners, bunting, signs, displays or other forms of decoration which are displayed in conformance with and permitted by section 138-60; or
(9)Commercial advertisements which are displayed in and on bus shelters in conformance with the requirements of O.C.G.A. § 32-6-51.
(d)Removal. Any signs found upon any public property, not in compliance with this section, may be removed by the city. The person(s) responsible for causing the unlawful sign to be placed on any public property may be held responsible for the cost of removal. These persons shall include, but are not limited to, any individuals or businesses whose advertisement, message or information appears on or is contained in any sign or notice unlawfully placed on public property.
(e)Special event signage. Any special event signs found upon any public property may be removed by the city. The person(s) responsible for causing the unlawful special event sign to be on public property may be held responsible for the cost of removal. In addition, the person(s) responsible for causing the unlawful special event sign to be on public property shall be subject to a minimum of three days in jail. These persons shall include, but are not limited to, any individuals or business whose special event appears on or is contained in any special event sign or notice unlawfully placed on public property and any individual responsible for authorizing, directing, or paying persons who unlawfully place special event signs on public property.
(f)Citations. Any person violating this section shall receive a citation. The citation shall state the date, location, and brief description of the violation. The citation penalty may be paid prior to the assigned court date, in the amount of $100.00 per violation to cover the removal of the unlawfully placed sign. Payment may be made as directed by the citation. Upon a third, and subsequent, violation, the person cited must appear in court.
(g)Penalties. Any person violating this section shall be subject to one or more of the following penalties:
(1)A fine not to exceed $1,000.00 upon appearance before the judge of the municipal court, for each unlawfully placed sign or special event sign;
(2)Imprisonment for a term not exceeding five days.
Fines that remain unpaid after 60 days will automatically trigger a separate violation, resulting in the responsible person(s) being subject to the penalties provided in this chapter, in addition to the original fines and/or jail time.
(h)Enforcement. Any person empowered by the City of Atlanta to issue citations may enforce the provisions of this section. (Code 1977, § 9-3012; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2004-36, § 1, 6-24-04; Ord. No. 2006-77, § 1, 11-14-06)
Cross reference—Signs generally, § 6-26 et seq. Land Development Code Reference—Supplemental zoning provisions pertaining to signs, § 16-28A.001 et seq.
§ 138-14
Maintenance of sidewalk area.
Sec. 138-14. Maintenance of sidewalk area.
(a)Removal of snow and ice from sidewalks. When there is an accumulation of ice, naturally or by artificial means, or snow sufficient to cover the sidewalks, the occupants or owners of the houses and other establishments fronting the sidewalks shall have the ice or snow cleared from the sidewalks in front of their establishments when an accumulation occurs, within a reasonable time after such accumulation.
(b)Maintenance of unpaved portion of sidewalk space. Whenever a sidewalk is paved and not all of the sidewalk space is covered by the pavement, but a space is left between the sidewalk and the curbs or between the sidewalk and property line or both or where there exist planted materials in the ground or in planters within such unpaved portion, the owner of the abutting property shall be responsible for maintenance of that space and for keeping it free of holes and weeds, level with the sidewalk and sodded with grass and for watering, pruning and maintaining the planted materials, whether such materials are planted in the ground or in planters placed in or alongside the sidewalk area. Upon the failure of that person to do so, the commissioner of transportation may give written notice to the person to do so within ten days, and upon the failure of that person to comply, the person shall be cited to appear for a hearing to show cause for noncompliance, after which the commissioner shall have the property put in a condition complying with this section and shall notify the chief financial officer of the costs thereof. Execution shall issue against the owner of the property for the full amount of costs, which execution shall be collected by the chief financial officer as are all other executions issued by the city.
(c)Paving of grass plots upon repaving sidewalks. Whenever a sidewalk is repaved on a street which has a grass or dirt plot between the curb and the pavement, the commissioner of transportation shall be authorized to extend the repavement to the curbline. If the extension to the curbline is repaved, the grass or dirt plot so paved shall be paved with the same material as the new pavement.
(d)Damaged sidewalk abutting the right-ofway. The commissioner of transportation shall inspect the sidewalks along the public right of way, to ensure the sidewalks are maintained in a safe and suitable condition for public use and travel, and to condemn promptly those sidewalk pavements that are unsafe or unsuitable for public travel and to cause repairs to be made in accordance with city laws and standards. When the sidewalk abutting the right-of-way is damaged and/or condemned by the city, it is the obligation of the abutting property owner to repair such sidewalk upon notice from the department of transportation. If after receiving such notice, the abutting property owner fails to repair the sidewalk within a reasonable time, the department of transportation is authorized to make such repairs and assess the abutting property owner for costs incurred; provided however that where funding is identified, applicable and available for implementation of repairs by the city, except where damage is determined to be directly attributable to action(s) of the abutting property owner or agents, contractors, or employees of the abutting property owner, shall be undertaken by the city upon a prioritized basis until the funding is exhausted. The absence of city funding shall not excuse the abutting property owner from the requirements of this section.
(e)Reporting requirement. The department of transportation shall update city council on a quarterly basis as to all sidewalk repairs conducted by location, responsible party, and dollar amount of each repair. (Code 1977, §§ 9-3016, 9-3087, 9-3086; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2015-40(14-O1361), §§ 1, 2, 7-29-15; Ord. No. 2020-32(20-O1379), § 8, 6-23-20)
§ 138-15
Obstructing sidewalks by display or sale of goods
Sec. 138-15. Obstructing sidewalks by display or sale of goods Except as otherwise provided in this Code, it shall be unlawful for any person to obstruct any sidewalk by placing thereon goods, wares, merchandise or other things of value for the purpose of display or advertising or to erect or use thereon any boxes, steps, stands or other structures or contrivances for the purpose of displaying goods, wares, merchandise or other things of value or to sell or offer for sale thereon any goods, wares, merchandise, service or other things of value. However, temporary use of the sidewalks as may be necessary to get merchandise into or away from places of business fronting on any such sidewalk shall not be held to be prohibited by this section. Nothing in this section shall be construed to prohibit peddling by licensed peddlers. (Code 1977, § 9-3018; Ord. No. 2001-22, § 1, 3-14-01)
Cross reference—Businesses, ch. 30. State law reference—Obstruction of roads, O.C.G.A. § 32-6-1 et seq.
§ 138-16
Compliance with noise ordinance.
Sec. 138-16. Compliance with noise ordinance.
All permittees performing construction or other activities in the public right-of-way must comply at all times with chapter 74 which regulates noise within the city. Notwithstanding this section, however, the commissioner of transportation shall have the authority to waive noise restrictions for an applicant when doing so is in the best interest of the city. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 9, 6-23-20)
§ 138-17
Design objectives for sidewalks.
Sec. 138-17. Design objectives for sidewalks.
Sidewalks installed in the public right-of-way shall be a minimum width of 60 inches unless otherwise deemed appropriate by the commissioner of transportation, shall be located at the edge of the right-of-way and shall conform with all ADA requirements. Sidewalks shall be designed and installed in such a manner as to protect existing mature trees and to allow for the planting of future trees. In the event that topographical or other conditions do not allow for the installation of a 60-inch minimum sidewalk, the commissioner of transportation is authorized to exercise his discretion to determine an appropriate resolution. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 10, 6-23-20)
§ 138-18
Utility markings.
Sec. 138-18. Utility markings.
(a)Temporary markings. Prior to any utility construction or repair that may damage other utilities located in the public right-of-way, persons performing construction activities, to the extent permitted by law, shall locate and mark the location of all existing utilities. Upon the completion of all construction activities, all temporary utility location markings shall be removed.
(b)Permanent pavement marker. All permanent utility markers in the public right-of-way shall: identify the owner of such facility, be no larger than three inches in diameter, installed flush with the pavement, and constructed with such material that in the event of failure, will not create a public safety hazard. (Ord. No. 2001-22, § 1, 3-14-01)
Sec. 138-19. Reserved.
ARTICLE II. ENCROACHMENTS* DIVISION 1. IN GENERAL
§ 138-20
Minimum requirements for changes, excavations or encroachments in right-ofway for any purpose other than its intended use as a public street or highway.
Sec. 138-20. Minimum requirements for changes, excavations or encroachments in right-ofway for any purpose other than its intended use as a public street or highway.
(a)When performing construction activities or the erection of a temporary or permanent encroachment, all such persons shall obtain prior approval, including all necessary permits and/or agreements, from the department of transportation, and pay a permit fee and annual inspection fee for the issuance of said permit or agreement as set forth in Appendix B of this Code. The commissioner of transportation shall require the person conducting activities pursuant to the permit and within the right-of way to provide each abutting property owner or occupant with reasonable and timely notification of any impend-*Editor’s note—Ord. No. 2001-22, § 1, adopted March 14, 2001, amended article II in its entirety. Formerly, said article pertained to similar subject matter. See the Code Comparative Table.
To the extent permitted by law, the city may determine to apply all or certain provisions of this ordinance [Ord. No. 2001-22] to agreements, franchises, and licenses existing on the effective date of this ordinance [March 5, 2001]. This ordinance shall apply to all telecommunications providers, persons seeking to use the streets in the manner described in section 138-127 herein, and franchisees, permittees, and licensees after its adoption.
ing construction work that would unreasonably interfere with either egress or ingress onto said owner's or occupant's property.
(b)For the purposes of this article, encroachments include but are not limited to:
(1)Vehicle, pedestrian or utility bridges.
(2)Vehicle, pedestrian or utility tunnels.
(3)Pipes, wires, conduits or similar facilities.
(4)Basements, vaults, elevator shafts, stairs, stairwells, ventilation shafts, gratings or similar facilities.
(5)Canopies, ledges, bay windows, balconies, decorative lighting, flagpoles, gargoyles, architectural embellishments, area walks or similar facilities.
(6)Any building, parking garage, structure, or part of thereof, including footings, foundations, tie-backs, supports, walls, eves, or projections; which extend into the public right-of-way; whether intended for public or private use; whether new or historic shall be defined as an encroachment.
(7)A vault encroaching under the public right-of-way which is covered by the franchised agreements between the city and the various utility companies is excluded, except when that vault is an integral structural part of the building being served, including the basement walls, footings or foundations of the building, in which case the vault will also be subject to an agreement as outlined in this section between the building owner and the city.
(Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 200779(07-O-1953), § 1, 12-11-07; Ord. No. 2010-29(10O-0904), § 1, 6-30-10; Ord. No. 2020-32(20-O1379), § 11, 6-23-20)
§ 138-21
[Establishment of administrative rules.]
Sec. 138-21. [Establishment of administrative rules.] The commissioner of transportation is authorized to establish and implement such administrative rules and procedures necessary to carry out the intent of this chapter. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 12, 6-23-20)
§ 138-22
Nonconforming encroachments.
Sec. 138-22. Nonconforming encroachments.
(a)Structure or properties that encroach into public right-of-way and for which there is not an applicable agreement shall be considered "nonconforming uses." The city may, at the discretion of the commissioner of transportation, permit certain nonconforming encroachments. The city may at any time determine that continued encroachment is not in the public interest and may require the removal of said encroachment.
(b)If a nonconforming encroachment ceases to have continuous use, has a change in the type or degree of use, or if the structural or functional soundness of the structure or property deteriorates due to lack of maintenance, damage by fire, flood, wind, or other act of God, it shall no longer be tolerated and shall not be eligible for repair, replacement, or further use until an encroachment agreement has been executed. The city shall have the right and duty to require the removal of any encroachment thus affected.
(c)Past tolerance of an encroachment or failure to enforce the prohibition against encroachment shall not be grounds for continued existence of a nonconforming encroachment. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 13, 6-23-20)
§ 138-23
Obligation to relocate upon notice.
Sec. 138-23. Obligation to relocate upon notice.
(a)The city reserves the right to perform any transportation or public improvements necessary to maintain the public right-of-way. The city may therefore, upon written request to the permittee, require relocation of the permittee's facilities existing in the public right-of-way at the permittee's own expense when the relocation is necessary to maintain the health, safety, or welfare of the public or to improve or maintain the public right-of-way for transportation uses.
(1)Notification, failure to remove. Upon receiving written notice from the city to remove, or relocate facilities which are using or occupying a public right-of-way which the city has to improve, the permittee shall, within 60 days thereafter, begin arrangements for said removal or relocation in accordance with said written notice from the city. Should the permittee fail to comply with such notice within a reasonable time sufficient to allow for procedures reasonably necessary for the removal and relocation of the facilities, the city may give the permittee a final notice directing that such removal begin not later than ten days from the receipt of such final notice.
(2)Removal or relocation of facilities by the city. If the permittee refuses or neglects to relocate said facilities existing in the public right-of-way within ten days of receipt of such final notice, or if an emergency affecting public safety or health exists requiring immediate relocation of the permittee's facilities, to the extent not inconsistent with state and federal law, the city may relocate such facilities and the permittee shall pay to the city the reasonable costs incurred in connection with such relocation.
(3)Removal or relocation of facilities for aesthetic purposes. If the relocation of facilities in the right-of-way is for aesthetic purposes or purposes not related to improving the public right-of-way for transportation purposes or to maintain the public right-of-way for health or safety reasons, then the cost of such relocation shall be borne by the requesting third party and not by the city or the permittee.
(4)Removal or relocation of facilities by an act of God. If an act of God necessitates the relocation of the permittee's facilities located in the public rights-of-way, the cost of such relocation shall not be borne by the permittee. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 14, 6-23-20)
§ 138-24
Conditions of permit.
Sec. 138-24. Conditions of permit.
(a)Encroachment agreement. It shall be prohibited and shall be unlawful for any person to erect or maintain any temporary or permanent right-of-way encroachment in the city, unless that encroachment is covered by an encroachment agreement administered by the department of transportation.
(b)The city will not enter into an encroachment agreement with any owner of property adjacent to any street or roadway that is part of the street system of the city or right-of-way along the limited-access highways of the federal or state aid road system within the city limits or any agent or contractor employed by the owner to make changes to, to alter or to construct an encroachment over, upon or under the right-ofway unless:
(1)Changes to benefit public. In the opinion of the commissioner of transportation the proposed alteration, excavation or encroachment will constitute a benefit to the public and, except for permitted temporary disruptions of service, will not adversely impact the ability of the rightof-way to handle vehicular or pedestrian traffic or otherwise to perform their intended function.
(2)Agreement as a condition of a permit. The owners of the adjacent or connected properties abutting the right-of-way seeking a permit to alter, excavate or encroach on the right-of-way enter an agreement with the city, which agreement shall be binding upon the owners of the property abutting the right-of-way and their successors in title in perpetuity or until the agreement is ended by mutual consent of the city and the agreeing parties and which will provide but is not limited to the following:
(3)Submission of plans and technical specifications. All alterations, excava-tions or encroachments permitted on, in, over, under or within the public right-ofway of the city shall be pursuant to a plan, calculations and technical specifications prepared by a professional engineer licensed to practice in the state, which plans, calculations and technical specifications have been approved by the commissioner of transportation pursuant to the standards set forth in this chapter or promulgated pursuant to this chapter and, when applicable, the standards of state department of transportation or the federal highway administration or both. Minimally, the plans should show the location of any supports, the height or depth of the structure and the width and volumetric cubic feet of the structure, where applicable.
(4)Performance bond as a condition of a permit. When in the opinion of the commissioner of transportation it is deemed appropriate and prior to beginning any work on, in, over or under the public right-of-way of the city, the owner of the abutting property or the contractor employed by the owner to perform the work shall present to the city a performance and completion bond for the full value of the work contemplated furnished by a corporate surety satisfactory to the city, the amount of the surety being determined by the city's risk manager to be adequate to either complete the proposed work impacting the public right-of-way in its entirety or to restore the public right-of-way to its condition prior to commencement of the work if the owner or the owner's contracting agent fails to complete the work to the satisfaction of the commissioner of transportation.
(5)Indemnification insurance as a condition of a permit. Evidence of insurance shall be issued to indemnify and hold harmless the city, its agents, officers and employees from all claims arising out of any injury to persons or damage to property resulting from the changes to or work on, in, over, under or within the right-of-way by the property owner or the contractor employed by the owner or any of the agents or employees of the owner or contractor.
(6)Signatures required of all parties to agreement. All parties required for the execution of such agreement shall be signatories thereto, as evidenced by a title certificate of an attorney licensed to practice law within this state, which title certificate sets forth the names and addresses of the owners of the property or structures to be connected by the bridge or tunnel and the names and addresses of the lessors and lessees of the property or structures, together with sufficient information as to the terms of any leases of the property or structures and the corporate names of any parties.
(7)Obligation to replace the area beneath the street. The granting of permission to construct an encroachment or excavation on, in, over, under or within any public street or public alley within the city shall be contingent upon the agreement of the owner and the lessor of the tracts of land adjacent to the street or alley affected by the encroachment or excavation to remove the encroachment or excavation and to replace any area beneath the street or alley where the encroachment or excavation is constructed to a condition satisfactory to the city within 90 days after being notified to do so by the commissioner of transportation without cost to the city and to provide security, if requested to do so by the city, to ensure that the encroachment or excavation will be removed or backfilled and the area returned to a condition satisfactory to the commissioner of transportation without the cost to the city.
(8)Performance bond required to replace the area beneath the street. The granting of permission for an encroachment or construction of an excavation on, in, over, under or within any public street or public alley within the city shall be contingent upon an agreement by the owner or lessee of the building or property to furnish and maintain a bond, at no expense to the city, with a corporate surety satisfactory to the city, to guarantee the performance of the principal in removing the encroachment or backfill the excavation as provided for in subsection (7) of this section.
(9)Annual rental of space. The granting of permission to construct the encroachment or excavation on, in, over, under or within any public street or public alley within the city shall be contingent upon the agreement of the owners or lessors or lessees of the tracts of land connected by the encroachment or excavation to pay to the city an annual rental for the space occupied by the encroachment or excavation at a rate per cubic foot as determined by the council, computed on the outside dimensions of the encroachment or excavation lying within the bounds of the public right-of-way of the city, which rental shall be collected by the department of finance and shall be subject to change from time to time. For rental of less than 5,000 cubic feet, the commissioner of transportation may require one year's rental payments in advance.
(10)Public liability insurance requirement as a condition of a permit. The granting of permission to construct an encroachment or excavation on, in, over, under or within a public street or public alley of the city shall be contingent upon the agreement of the owners or lessors or lessees of the tracts of land permitted by the city to effectuate the encroachment or excavation to hold the city harmless from any and all claims arising out of the construction, operation, use, maintenance or removal of the encroachment or excavation and upon the additional agreement of the owners or lessors or lessees to maintain a policy of public liability insurance, at no expense to the city, satisfactory to the city and naming the city as a named insured, in an amount approved by the city's risk manager. The agreement of the owners or lessors or lessees of the tracts of land to hold the city harmless shall not be limited to the amount of the insurance.
(11)Non-waiver of city negligence. The granting of permission to construct an encroachment or excavation shall be contingent upon the agreement of the owners or lessors or lessees of the tracts of land permitted by the city to effectuate the encroachment or excavation that the obligation to hold the city harmless against all claims arising out of the construction, operation, use, maintenance or removal of the encroachment or excavation shall not be waived by the city because of the commissioner of public works having approved by the plans and specifications for the encroachment or excavation or by the requiring or not requiring modifications thereto, even though the city may be found to have been negligent as a matter of law because of its acts or failure to act in regard thereto.
(12)Locating all pre-existing public and private utilities. The granting of permission to construct the encroachment or excavation on, in, over, under or within a public street or public alley of the city shall be contingent upon the parties' seeking permission to construct the encroachment or excavation, determining at their expense the location of all aboveground and below ground public utilities and private utilities of the city in the area where the encroachment or excavation is to be constructed, and making arrangements for the removal or relocation of those utilities, at the expense of the parties seeking permission to construct the encroachment or excavation and at no expense to the city.
(13)Compliance with this chapter. The granting of permission to construct the encroachment or excavation on, in, over, under or within a public street or public alley of the city shall be contingent upon the agreement of the parties seeking permission to construct the encroachment or excavation to comply with all the terms of this chapter and to comply with all other ordinances and regulations of the city.
(14)Reimbursement of damages to city. The granting of permission to construct the encroachment or excavation on, in, over, under or within a public street or public alley of the city shall be contingent upon the agreement of the parties seeking permission therefore to repair any damage to the street or alley resulting from the construction, maintenance or use of the encroachment or excavation and to reimburse the city for any damage to the street or alley beneath, on or above where the encroachment or excavation is constructed, because of that construction and during the construction, use and maintenance of the encroachment or excavation.
(c)Enforcement. The police chief shall, upon request of any citizen or upon the request of the commissioner of transportation, give notice to the owner of the property which may be encroachment that the owner may be in violation of this section. Alternatively, the commissioner of transportation may give notice of violation to the owner. The owner shall then be allowed 30 days to resolve the conflict by removing the encroachment, entering into an "encroachment agreement" with the city, or by demonstrating to the satisfaction of the commissioner of transportation that the structure or property in question is not in violation. Failing compliance, the owner shall be cited to appear before the judge of the municipal court for a hearing on the charge of violation of this section. Upon finding that this section has been violated, the owner may be required by the court to remove the encroachment within a time prescribed by the court or the commissioner of transportation shall be authorized to remove the encroachment and the cost of removal shall be a lien against the property.
(d)Penalties. Any violator of this section shall be held accountable as provided in the penalty section of this chapter. Each day of continuation of violation after notice shall constitute a separate offense. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 15, 6-23-20)
§ 138-25
Erection of bridges, tunnels or similar structures across streets or alleys.
Sec. 138-25. Erection of bridges, tunnels or similar structures across streets or alleys.
(a)It shall be unlawful to erect a bridge, tunnel or similar structure which crosses any public street or public alley, whether above or below the surface of the right-of-way, for the purpose of providing a passageway between property or structures adjacent to the right-ofway except upon the approval and authorization of the council by ordinance and upon compliance with all applicable sections of this Code and other ordinances of the city, including this sections, as follows:
(1)It shall be unlawful to place supports for any bridge or tunnel or any other obstructions within the public right-of-way of any street or public alley or of any portion thereof set aside for or used for sidewalk purposes.
(2)The minimum height above or depth below street level in each instance of the construction of the bridge or tunnel shall be fixed and determined in advance by the commissioner of transportation in order to provide for the safe and efficient use of the right-of-way for public transportation purposes.
(3)The maximum outside width and height dimensions of each bridge or tunnel shall be as fixed and determined in advance by the commissioner of transportation in order to provide for the safe and efficient use of the right-of-way for public transportation purposes.
(4)The bridge or tunnel shall be designed by an architect or an engineer licensed to practice in the state, and the plans and specifications for the bridge or tunnel presented to the city for approval shall bear the architect's or engineer's official registration seal thereon. The plans and specifications shall be submitted to the commissioner of transportation, the director, bureau of buildings and the urban design commission for their written recommendations before the council shall consider approval thereof.
(5)The outside appearance of any bridge permitted by this section shall not detract from the adjoining buildings or the neighborhood, and no articles of any nature, other than lighting fixtures, shall be permitted to be suspended from the outside of the bridge.
(6)It shall be unlawful to display or place any advertisements or mercantile displays upon or attached to any outer surface of the bridge or placed upon or attached to any window or glass-like surface of the bridge so as to be visible from outside.
(b)The granting of permission to construct any bridge or tunnel across any street or public alley shall be contingent upon the owner or, where applicable, lessor and lessee of the property or structures between which the bridge or tunnel is to be constructed entering into an agreement with the city, which shall be executed by all the parties prior to the issuance of any building permit therefore and the covenants of which shall include, at a minimum, the following:
(1)The owner, lessor or lessee shall remove the bridge or tunnel within 90 days after the commissioner of transportation directs the bridge or tunnel to be removed without cost to the city, following the commissioner's determination that such removal is required for the safe and efficient use by the public of the right-of-way for transportation purposes.
(2)The owner, lessor or lessee shall furnish and maintain a bond, at no expense to the city, with a corporate surety satisfactory to the city, to guarantee the performance of the principal in removing the bridge or tunnel as provided for in subsection (b)(1) of this section.
(3)The owner, lessor or lessee shall pay to the city a monthly rental for the air space or subsurface space occupied by the bridge or tunnel, as follows:
a.The monthly rental rate for all bridges or tunnels used for pedestrian transportation or utility purposes only shall be the fair market value of each such bridge or tunnel as determined by a certified general real estate appraiser selected by the chief procurement officer. A fee to cover the cost of such appraisal shall be paid by the owner, lessor or lessee. The appraisal shall be submitted to and shall be reviewed and approved by the city utilities committee before submission to the council. The monthly rate as determined by the appraiser shall be for an initial period of ten years from the execution date of the agreement and shall be subject to reappraisal every ten years
b.To the extent currently authorized by other applicable sections of this Code, the monthly rental rate for each bridge or tunnel used for the sale of merchandise and mercantile displays, shall be the fair market value of the space occupied by such bridge or tunnel, which rate shall be determined by a certified general real estate appraiser selected by the chief procurement officer. A fee to cover the cost of such appraisal shall be paid by the owner, lessor, or lessee. The appraisal shall be submitted to and shall be reviewed and approved by the city utilities committee before submission to the council. The monthly rate as determined by the appraiser shall be for an initial period of ten years from the execution date of the agreement and shall be subject to reappraisal every ten years.
c.Reserved.
(4)The owner, lessor or lessee shall hold the city harmless from any and all claims arising out of the construction, operation, use, maintenance or removal of the bridge or tunnel and shall furnish and maintain a policy of public liability insurance satisfactory to the city, naming the city as a named insured, in an amount approved by the city's risk manager, and the agreement to hold the city harmless shall not be limited to the amount of such insurance.
(5)The obligation to hold the city harmless against all claims arising out of the construction, maintenance, use or removal of the bridge or tunnel shall not be waived by the city's having approved the plans and specifications for the bridge or tunnel or by the city's requiring or not requiring modifications to the bridge or tunnel or by the city's requiring or not requiring maintenance of the bridge or tunnel, even though the city may be found to have been negligent as a matter of law because of its action or failure to act in regard thereto.
(6)All parties required for the execution of such agreement shall be signatories thereto, as evidenced by a title certificate of an attorney licensed to practice law within this state, which title certificate sets forth the name and address of the owner of the property or structures to be connected by the bridge or tunnel and the names and addresses of the lessors and lessees of the property or structures, together with sufficient information as to the terms of any leases of the property or structures, and the corporate names of any parties.
(7)The owner, lessor or lessee shall determine the location of all public utilities and all utilities of the city in the area where the tunnel or bridge is to be constructed and shall make arrangements for the removal or relocation of those utilities, if necessary, all at such person's own expense and at no expense to the city.
(c)This section shall apply to all rentals of air space or subsurface space above or below the public right-of-way for bridges and tunnels and supersede the procurement and real estate code in chapter 2, article X to the extent of any conflict. (Code 1977, § 9-3008; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2008-18(06-O-1947), §§ 1—3, 3-25-08; Ord. No. 2020-32(20-O-1379), § 16, 6-2320)
§ 138-26
Erection of balconies over sidewalks.
Sec. 138-26. Erection of balconies over sidewalks.
(a)It shall be unlawful to attach a balcony or erect other structures to a building so as to extend over any portion of a public sidewalk, except upon the authorization of the commissioner of transportation and upon compliance with all applicable sections of this Code or other ordinances of the city, including this section.
(b)Balconies shall be designed by an architect or an engineer licensed to practice in the state and the plans and specifications for balconies presented to the city for approval shall bear the official registration seal of the architect or engineer. The plans and specifications shall be submitted to and approved by the urban design commission and the director, bureau of buildings before the commissioner of transportation authorizes the balconies.
(c)The granting of permission to construct these balconies so as to extend over the public sidewalks shall be contingent upon the owner, lessor or lessee of the building onto which the balconies are constructed, the owner of the land upon which the building is erected and all creditors secured by all or a part of the land or building entering into an agreement with the city which shall include but not be limited to agreements by the owner or lessee of the building to which the balconies are attached to:
(1)Construct and maintain the balconies so as to prevent any portion thereof from becoming detached and falling to the street or sidewalk below;
(2)Remove any or all of the balconies without cost to the city within a 90-day period after the council directs such removal by mailing a notice to remove the balconies to the owner, or lessee at an address set forth in the agreement;
(3)Furnish and maintain a bond, at no expense to the city, with a corporate surety satisfactory to the city, to guarantee the performance of the principal in removing the balconies as provided for in subsection (c)(2) of this section;
(4)Indemnify and hold the city, its officers, agents and employees harmless from any and all claims arising out of the construction, maintenance, use of or removal of any and all of the balconies, including claims arising out of persons falling or jumping from the balconies or arising out of objects being dropped or thrown from the balconies;
(5)Furnish a policy of public liability insurance and property damage insurance satisfactory to the city and naming the city as a named insured or an additional named insured, in an amount approved by the, city's risk manager, which protects the city and its officers, agents and employees from claims arising out of the construction, maintenance, use of or removal of the balconies, including claims arising out of any person falling or jumping from any such balcony or throwing or dropping any object from a balcony;
(6)Provide insurance covering the agreement to indemnify and hold the city and its officers, agents and employees harmless from any and all claims arising out of construction, maintenance, use of or removal of any or all of the balconies, including claims arising out of persons falling or jumping from the balconies or similar structures or arising out of objects being thrown or dropped from the balconies, with a further agreement that the obligation to indemnify and hold the city and its officers, agents and employees harmless shall not be limited to the amount of the public liability and property damage insurance naming the city as a named insured or an additional named insured; and
(7)Pay to the city a monthly rental for the air space occupied by the balconies extending over a sidewalk of the city or a portion thereof at a rate per square foot, as determined by the commissioner of transportation.
(d)Each request for permission to erect those balconies shall be accompanied by a title certificate from an attorney authorized to practice law in the state setting forth the names and the addresses of the owner and lessee of the building and the land on which it is erected, the names and addresses of any creditors who are secured by all or any part of the land or building involved, together with sufficient information as to the terms of any leases on the land or building, the corporate names of any of the parties sufficient to accurately disclose the names of any of the parties required in the agreement between the city and the parties desiring to construct the balconies, which agreement shall be executed by all the parties desiring to construct the balconies, which agreement shall be executed by all the parties prior to the issuance of any building permit for the construction of the balconies or similar structures. The agreement shall be binding on all the parties, their heirs, administrators, assigns and successors in title, and upon the execution of the agreement it shall be filed in the Office of the Clerk of the Superior Court of Fulton County. (Code 1977, § 9-3009; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2008-18(06-O-1947), § 4, 3-2508; Ord. No. 2020-32(20-O-1379), § 17, 6-23-20)
DIVISION 2. UTILITIES
§ 138-27
Franchise utilities.
Sec. 138-27. Franchise utilities.
Nothing contained in this article or any other section of this Code or other ordinances, resolutions or acts of the council in relation to the construction, operation, or maintenance of any public or private utility and transmission and distribution facilities shall be construed to mean that the city holds itself in any manner responsible or liable for damages to persons or property caused by such, and the city disclaims any liability whatsoever in the premises. (Code 1977, § 9-3125; Ord. No. 2001-22, § 1, 3-14-01)
Secs. 138-28—138-39. Reserved.
DIVISION 3. POLES, CONDUITS, WIRES AND OTHER FACILITIES
§ 138-40
Poles.
Sec. 138-40. Poles.
(a)Granting of permits to erect poles and facilities conditioned on right to grant use to others.
(1)In granting permits to erect poles and transmission and distribution facilities for purposes of electric light or power or for the use of telephone, telegraph or other wires, the council reserves the right, if the interest of the city so requires, to encourage other persons to use the same poles and transmission and distribution facilities for similar purposes, upon the payment to the owner thereof of a proper compensation to be determined by agreement. All permits shall be subject to this condition and in accepting a permit the applicant binds the applicant according thereto.
(2)To the extent permitted by law, permits for newly issued franchises may be conditioned upon the placement of transmission and distribution facilities underground.
(3)To the extent practicable, persons shall locate all above ground facilities in such a manner as to minimize disruption to the access of private property and pedestrian traffic and shall maintain a minimum of four feet clear sidewalk space between the pole and back of sidewalk for pedestrian accessibility.
(b)Duty to reset or remove poles to facilitate street improvements.
(1)It shall be the duty of any street railway or electric light or power, CATV, telephone or telegraph company authorized to set poles for the stringing of wires thereon, within 30 days upon notice from the commissioner of transportation, to remove or reset any poles belonging to that company, when the removal or resetting of poles is necessary in the judgment of the commissioner to facilitate the improvement of any public right-of-way or in order to protect public health, safety and welfare. In such instances, the expense of the removal shall be borne by the owners of the poles. The commissioner of transportation may also request that the owner of poles reset poles for the convenience of a lot, but the owner of such poles shall have no obligation to reset such poles unless the lot owner agrees to reimburse the owner of such poles for the costs of resetting the poles. Relocation requirements are located in section 138-23.
(2)Mandate to place facilities underground. The city may designate geographical areas in which facilities are preferred to be placed underground; provided however, that franchisees are not required to place transmission and distribution facilities underground when aerial facilities exist and that where existing aerial facilities are being retired and removed from service, replacement will be made using underground construction if technically practical and economically feasible and subject to applicable state and federal law.
(c)Restoration of streets and sidewalks after setting or removing poles. All surplus dirt remaining after setting telegraph, telephone, electric light and other poles on a street or sidewalk shall be removed by the company placing the poles. When any poles are removed, the street or sidewalk shall be repaired and left in a condition satisfactory to the commissioner of transportation. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 200182, § 2, 11-13-01; Ord. No. 2003-72, § 2, 6-8-03; Ord. No. 2020-32(20-O-1379), § 18, 6-23-20)
§ 138-41
Conduits.
Sec. 138-41. Conduits.
(a)Application of section. This section shall apply to all persons installing conduits under any ordinance or resolution of the council. However, this section shall not apply to any person having a specific contract or agreement with the city with reference to the manner in which conduits or subways maintained by that person within the city may be used by any other person, if the provisions of the contract or agreement are different from or contradictory to this section.
(b)Restrictions upon installation. All grants or permissions given by the council by ordinance or resolution to any person to install multi-duct conduits of any kind in or upon the streets and public places of the city, for the purpose of having wires or other appliances, such as cables and the like, placed or strung therein to convey electric current, gas or steam to supply electric light, electric power or heat or for the use of telephones, telegraphs or television shall be subject to the right of the council to grant similar privileges and permits to other persons to use the same conduits for similar purposes, provided such additional use is practicable and capacity is available as determined in the discretion of the owner which shall not be unreasonably withheld. Persons using such conduits shall pay a reasonable value, as determined by agreement, to the owner. Such value shall be determined by agreement or condemnation subsequent to the grants or permits made by the council to the second applicant. All grants, permits and privileges made by the council for any of the purposes named in this section shall be subject to all the conditions of this section, and the applicant therefore binds the applicant thereto by accepting any of the grants or privileges. (Code 1977, § 9-3123; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-42
Location of certain electrical wires.
Sec. 138-42. Location of certain electrical wires.
(a)Overhead electrical wires installed within the public right-of-way which carry 2,000 volts or more and are located less than ten feet, measured horizontally, from any wire or structure owned by another person shall be at least five feet above such wire or structure.
(b)New installations of electrical wires that carry 2,000 volts or less shall be located underground. (Code 1977, § 9-3126; Ord. No. 2001-22, § 1, 3-14-01)
DIVISION 4. BUS SHELTERS
§ 138-43
Bus shelters.
Sec. 138-43. Bus shelters.
(a)Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1)"Bus shelter" means a shelter or bench located at a bus stop for the convenience of passengers of public transportation systems owned and operated by governmental units or public authorities. Bus shelters include, but are not limited to, those shelters located on the BRT system and ART system.
(2)"Commercial advertisement" means a printed or painted sign encouraging or promoting the purchase or use of goods, services or events and includes public service announcements and art displays, but does not include campaign posters, signs or advertisements prohibited by O.C.G.A. §§ 32-6-51 and 21-1-1.
(3)"BRT system" means the routes, bus stops, and bus shelters for Bus Rapid Transit owned and operated by governmental units or public authorities.
(4)"ART system" means the routes, bus stops, and bus shelters for arterial rapid transit owned and operated by governmental units or public authorities.
(b)Restrictions; permit required. It shall be unlawful to erect or maintain a bus shelter located within the city except by issuance of a permit by the commissioner of transportation. No bus shelter shall be erected, located or maintained except in accordance with this chapter. No bus shelter shall be permitted within the sight distance triangle of another street as defined in this section. Any violator of this section shall be held accountable as provided for in the penalty section of this chapter. Any violator of this section shall also be subject to an order by the commissioner of transportation to remove any bus shelter found to be in violation of this section. Failure of the owner of the bus shelter to remove the bus shelter within 30 days of being issued a written order of removal by the commissioner of transportation shall authorize the commissioner of transportation to remove the bus shelter, at the expense of the owner of the bus shelter. Applications for permits shall be in the form and shall contain such information as shall be required by the commissioner of transportation. All bus shelters shall be erected and maintained by the permit holder in conformity with the city's zoning ordinance, and this section shall be in addition to and shall in no way modify or replace the city's zoning ordinance and all permits required therein. Only governmental units or public authorities which own and operate public transportation systems within the city or their approved designees shall be permitted to erect or maintain bus shelters. All applicants for bus shelters permits shall comply with the requirements of O.C.G.A. § 32-6-51 imposed by the state, shall obtain any other permit required by any other political jurisdiction and shall abide by all applicable state and federal regulations.
(c)Agreement for use of public right-of-way. Permits for bus shelters erected or maintained on the right-of-way of a public road or street shall only be issued upon a written agreement being entered into by the city and the respective public authority or governmental unit owning and operating the public transportation system. No permit for any bus shelter in the public right-of-way shall be authorized or issued unless the property immediately adjacent to such shelter is zoned to the C-1, C-2, C-3, C-4, C-5, I-1, I-2, SPI-1, SPI-2, SPI-3, or SPI-4 zoning district pursuant to part 16 of this Code.
(d)Authorization for use of other property. All permits issued for bus shelters erected or maintained on property other than on the right-of-way of public roads or streets shall be issued only upon the governmental unit or public authority owning and operating the public transportation system first obtaining authorization of the owner of property on which the bus shelter is to be erected and providing proof thereof at the time of filing an application for the permit. No permit for any bus shelter or property other than such right-of-way shall be authorized or issued unless the property upon which such shelter is to be located is zoned to the I-1 or I-2 zoning district pursuant to part 16 of this Code.
(e)Design plans; location. Before a bus shelter is permitted to be erected, the applicant must submit design plans, which should be accompanied by photographs and any other supporting documents, to the commissioner of transportation for approval. If an applicant proposes that a bus shelter contain illumination, the applicant must submit illumination plans at the time the application is made. It shall be unlawful for a bus shelter to contain illumination except pursuant to a permit issued by the commissioner of transportation authorizing illumination. All permits authorizing the erection or the illumination of a bus shelter are subject to the final inspection and approval of the commissioner of transportation before the bus shelter may be used to serve bus passengers. All permit requests shall be reviewed by the urban design commission as is required by chapter 90, article II, division 2 of this Code. The commissioner of transportation shall not issue a permit until the permit application has been reviewed by the urban design commission pursuant to chapter 90, article II, division 2 of this Code. Each application must be approved by the commissioner of transportation as to location and design and a permit issued before a bus shelter is erected. The criteria for evaluating the bus shelter design shall be the design compatibility with the site proposed, and the factors to be considered in making the determination shall be the aesthetics, size, scale, massing, detailing and materials of the proposed bus shelter. Additionally, the applicant must receive the approval of the commissioner of transportation regarding the location of each and every proposed bus shelter before it is erected. The criteria for evaluating bus shelter locations shall be whether the bus shelter is compatible with the site selected, whether the proposed setback for the bus shelter would allow for the proper flow of pedestrian traffic and whether public transit usage levels justify the erection of a bus shelter at a particular location. All bus shelters shall be erected in accordance with the location and design approved and permitted by the commissioner of transportation. All shelters serving bus passengers shall be handicap accessible and provide handicap access to and from the bus to the shelter.
(f)Setbacks. Where a curb and gutter are present, there shall be a minimum of five feet of clearance from the face of the curb to any portion of the bus shelter. Where no curb or gutter is present, the front of the bus shelter shall be at least ten feet from the edge of the main-traveled roadway. In special public interest (SPI) districts 1, 2, 3 and 4, the minimum amount of unobstructed pedestrian space shall be as set forth in the pedestrian space plan in chapters 18A-18D of part 16 of this Code.
(g)Maintenance. All governmental units and public authorities permitted to erect and maintain bus shelters or their designated agents shall be responsible for maintaining the bus shelters in a safe, clean and complete condition and in good order and repair at all times. A notice shall be placed on all bus shelters listing the name, address and telephone number of the person designated by the bus shelter permit holder who is responsible for the maintenance of the bus shelters and for fielding complaints by the public. The permit holder or designee shall maintain a log of each and every complaint made regarding the bus shelters and corrective action taken, which shall be available during normal business hours for inspection by the department of public works. The bus shelters shall be subject to inspection by the department of transportation at all times, which may issue citations for maintenance violations. All maintenance violations shall be corrected within 48 hours upon the permit holder's being provided notice by the commissioner of transportation of a violation.
(h)Commercial advertisements on certain bus shelters.
(1)For purposes of this section, subsection (h)(1), any reference to a bus shelter does not include bus shelters located on BRT systems or ART systems. Commercial advertisements are permitted on Bus shelters only in those zoning districts specified in subsections (c) and (d) of this section. It shall be unlawful to place commercial advertisements on any bus shelter within 100 feet of any designated landmark district, historic district, conservation district, landmark building or site; historic building or site; and 50 feet of any park. In addition, such commercial advertisements are prohibited within any landmark district, historic district, conservation district or park. However, bus shelters containing advertising shall be permitted on the public right-of-way in otherwise prohibited areas when at least one adult from 70 percent of residences within 500 feet in either direction on the street of the proposed bus shelter location signs a petition requesting a bus shelter be permitted. It shall be unlawful to place commercial advertisements on a bus passenger bench, whether inside or outside a shelter. One double-faced commercial advertisement, not to exceed 24-square feet in sign area, may be attached to a bus shelter; provided however, such commercial advertisements must be placed at the end of the bus shelter furthest from the approaching traffic flow on the side of the street on which the shelter is located and may not be placed on the back or any other portion of the bus shelter. Such commercial advertisement shall not extend beyond the limits of the bus shelter. Placement of such commercial advertisement on the top of any bus shelter is specifically prohibited and a violation of the City Code. Double-faced commercial advertisements are defined and measured as set out in chapter 28A of part 16 of this Code.
(2)For purposes of this section, section (h)(2), any reference to a bus shelter only includes bus shelters which are part of BRT systems or ART systems. Commercial advertisements are permitted on Bus shelters only in those zoning districts specified in subsections (c) and (d) of this section. It shall be unlawful to place commercial advertisements on any bus shelter within 100 feet of any designated landmark district, historic district, conservation district, landmark building or site; historic building or site; and 50 feet of any park. In addition, such commercial advertisements are prohibited within any landmark district, historic district, conservation district or park. However, bus shelters containing advertising shall be permitted on the public right-of-way in otherwise prohibited areas when at least one adult from 70 percent of residences within 500 feet in either direction on the street of the proposed bus shelter location signs a petition requesting a bus shelter be permitted. It shall be unlawful to place commercial advertisements on a bus passenger bench, whether inside or outside a shelter. Commercial advertisements shall not extend beyond the limits of the bus shelter. Placement of such commercial advertisement on the top of any bus shelter is specifically prohibited and a violation of the City Code. Double-faced commercial advertisements are defined and measured as set out in chapter 28A of part 16 of this Code. The placement of decorative panels, artwork, system maps, local area maps, real time passenger information such as next bus arrival or system safety announcements or passenger instructions at bus shelter locations are not considered commercial advertisements. Notwithstanding the above, any bus shelters located on the state highway system are subject to any applicable requirements in O.C.G.A. § 32-6-70, et seq.
(i)Nonconformities. Any legal bus shelter in existence on the effective date of the ordinance from which this section derives which does not comply with this section shall be removed by the permit holder or owner after a period of ten years commencing with the effective date of the adoption of the ordinance from which this section derives. Any such nonconforming bus shelter which shall cease being used for a continuous period of one year shall be removed after such period of nonuse. However, no commercial advertisement which was not permitted prior to the adoption of the ordinance from which this section derives shall be permitted on any shelter serving bus passengers unless the shelter is in conformity with this section.
(j)Indemnification. All permit holders for bus shelters located within the city shall at all times assume all risks for the bus shelters and shall indemnify and hold harmless the city against all losses or damages resulting from or alleged to have resulted from the existence, maintenance or any other aspect of the bus shelters. (Code 1977, §§ 9-3020, 9-3021; Ord. No. 1995-76, § 1, 11-28-95; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 19, 6-23-20; Ord. No. 2021-31(21-O-0364), § 1, 6-30-21; Ord. No. 2023-26(23-O-1324), §§ 1, 2, 7-14-23)
DIVISION 5. VENDING DEVICES AND TELEPHONES*
§ 138-44
Definitions.
Sec. 138-44. Definitions.
(a)The following words, terms, and phrases, when used in this article, shall have the meaning set forth in this section, unless it is apparent from the context that a different meaning is intended:
(1)"Downtown improvement district" means that certain area of downtown Atlanta designated as a community improvement district pursuant to Resolution 95-R1374 passed by the city council.
(2)"Equivalent publication vending device" means any publication vending device which is of the same size, material, dimensions, and style of the specified publica-*Cross references—Identification of coin-operated vending machines or amusement devices, § 30-1; vending on public property, § 30-1401 et seq.
tion vending device and which is approved by the commissioner of the department of public works.
(3)"Olympic corridors" means Peachtree Street from Memorial Drive to Third Street; Auburn Avenue; Capitol Avenue from Decatur Street to Little Street; International Boulevard; North Avenue from Techwood Drive to Peachtree Street; Ralph David Abernathy Boulevard from Lee Street to Capitol Avenue; Georgia Avenue from Capitol Avenue to Grant Terrace; Tenth Street from Fowler Street to Peachtree Street; Marietta Street from International Boulevard to Peachtree Street; Pine Street from West Peachtree Street to Peachtree Street; Currier Street from Courtland Street to Piedmont Avenue; the Atlanta University Center/ Westside Pedestrian Corridor System; and extending 30 feet in either direction on all cross streets intersecting the foregoing streets. A map indicating the boundaries of the Olympic Corridors shall be on file and available for public inspection in the office of the municipal clerk.
(4)¢Publication¢ means newspapers; newsrelated, non-news-related, and commercial periodicals; or published materials of any nature.
(5)"Publication vending device" means any self-service or coin-operated box, container, storage unit, or other dispenser installed, used, or maintained for the display, distribution, or sale of publications.
(6)"Public sidewalk" means that portion of the public right-of-way designed or ordinarily used for pedestrian travel.
(7)"Public street" means that portion of the public right-of-way designed or ordinarily used for vehicular travel.
(Ord. No. 1996-07, § 1, 3-3-96; Ord. No. 2001-22, § 1, 3-14-01)
Cross reference—Definitions generally, § 1-2.
§ 138-45
Enforcement, violations and penalties.
Sec. 138-45. Enforcement, violations and penalties.
It shall be the duty of the commissioner of transportation to enforce this article. Any person violating any section of this article shall be deemed guilty of an offense and upon conviction shall be punished as provided in section 138-4. Each day's continuance of a violation shall be considered a separate offense. (Code 1977, § 14-11011; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 20, 6-2320)
§ 138-46
Permit.
Sec. 138-46. Permit.
(a)It shall be unlawful for any person to place, locate, operate or maintain any publication vending device in or on any part of the public sidewalk without first obtaining a permit from the commissioner of transportation.
(b)No fee shall be required for the issuance of a publication vending device permit.
(c)Applications for all permits for the placement and maintenance of publication vending devices must contain the following:
(1)The applicant's name and address at which any notices required by this article shall be deemed received when placed on an envelope and deposited in the United States mail with adequate postage affixed.
(2)The telephone number of the applicant at which notice of any repairs deemed necessary to permitted publication vending devices are appropriately received.
(3)The total number of and exact location of each publication vending device to be permitted.
(4)An agreement of indemnification, as required by this article.
(5)A certification that the applicant has reviewed, understands, and will comply with all requirements of this article.
(6)An agreement by the applicant promptly to inform the commissioner in writing of any changes in the applicant's name, address or telephone number, and that failure to do so shall constitute grounds for revocation of the permit.
(d)Applications for all permits for the placement and maintenance of publication vending devices shall be reviewed, and if in compliance with all requirements of this article, shall be approved by the commissioner of transportation within 30 days of receipt of such applications. Only one permit shall be required for the placement of any number of publication vending devices, provided that the application clearly states the location of each.
(e)If at any time the commissioner of transportation determines to deny an application for a permit, or determines that a publication vending device for which a permit has been issued does not comply with any requirement of this article, the commissioner shall issue a written notice of intent to deny, or intent to revoke, the applicable permit to the applicant or permit-tee. The notice shall state specifically the reason for the denial or revocation of the permit, and shall offer the applicant or permittee an opportunity for a hearing before the commissioner of transportation or his or her designee, on such denial or revocation not less than ten days following the issuance of such notice. The applicant or permittee may file a written response to the notice prior to such hearing setting forth the reason the permit should issue or should not be revoked. In the alternative, the applicant or permittee shall submit sufficient evidence that any application deficiency or violation has been corrected. If the commissioner of transportation or his or her designee determines, following a hearing, that the denial was proper, or that the violation as charged is true and accurate, and that the applicant or permittee has not caused the application or violation to be corrected, or if the applicant or permittee fails to appear at the hearing and can present no justifiable excuse for the nonappearance, a final notice of denial or revocation shall issue. If sufficient evidence is submitted that the applicant or permittee is in compliance with the requirements of this article, the commissioner shall issue the requested permit, or withdraw the notice of violation.
(f)Nothing in this section will prohibit the owner or lessee of property abutting a city sidewalk upon which is placed publication vending devices that have not been permitted by the city from, after due diligence and inquiry to the city to determine that a permit has not been issued, removing any such illegal publication vending devices. The decision to remove any publication vending device by such an abutting property owner or lessee is at its own risk and the city will incur no liability to the abutting property owner or lessee or the owner or lessee of the publication vending device removed. (Code 1977, § 14-11010; Ord. No. 1996-07, § 3, 3-3-96; Ord. No. 1996-47, § 1, 7-8-96; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2002-73, § 1, 10-15-02; Ord. No. 2020-32(20-O-1379), § 21, 6-23-20)
Editor’s note—Section 2 of Ord. No. 2002-73 states that the city further imposes a moratorium on any further permitting or placement of publication vending devices on any city sidewalk for a period of 180 days, to commence on the date this section is approved by the city's mayor. [October 15, 2002]
§ 138-47
Hold-harmless agreement.
Sec. 138-47. Hold-harmless agreement.
Every person who installs, places or maintains a publication vending device on a public sidewalk in the city shall file a written statement with the municipal clerk satisfactory to the city attorney whereby the person agrees to indemnify and hold harmless the city, its officers, directors and employees from any loss of liability or damage, including expenses and costs, for bodily or personal injury and for property damage sustained by any person as a result of the installation, placement or maintenance of a publication vending device within the city. (Code 1977, § 14-11009; Ord. No. 1996-07, § 3, 3-3-96; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-48
Projection onto public streets.
Sec. 138-48. Projection onto public streets.
It shall be unlawful for any person to install, place or maintain any publication vending device which projects onto, into or over any part of a public street or which rests wholly or in part upon, along or over any portion of any public street. (Code 1977, § 14-11002; Ord. No. 1996-07, § 3, 3-3-96; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-49
Dangerous condition or obstruction.
Sec. 138-49. Dangerous condition or obstruction.
It shall be unlawful for any person to install, place or maintain any publication vending device which in whole or in part rests upon, in or over any public street or any public sidewalk when such installation, placement or maintenance endangers the safety of persons or property or when the site or location is used for public utility purposes, public transportation purposes or other governmental use or when such publication vending device unreasonably interferes with or impedes the flow of pedestrian or vehicular traffic, including any legally parked or stopped vehicle, the ingress or egress of any residence or place of business, the use of poles, posts, traffic signs or signals, hydrants, mailboxes or other objects permitted at or near the location. (Code 1977, § 14-11003; Ord. No. 1996-07, § 3, 3-3-96; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-50
Identification.
Sec. 138-50. Identification.
Every person who installs, places or maintains a publication vending device on a public sidewalk of the city shall have affixed thereto, in a place easily seen, the name, address and telephone number of such person. (Code 1977, § 14-11004; Ord. No. 1996-07, § 3, 3-3-96; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-51
Standards for installation and maintenance of publication vending devices in designated areas.
Sec. 138-51. Standards for installation and maintenance of publication vending devices in designated areas.
(a)Publication vending devices shall be installed and maintained as mandated for the district in which they are located, as set forth below:
(1)Olympic corridors, downtown improvement district, and the government district of Downtown Atlanta. In the Olympic corridors, downtown improvement district, the government district of Downtown Atlanta, and all publication vending devices shall be uniform and standardized as outlined below.
a.The color of publication vending devices shall be CODA Green (Pantone color 5467C). The publication's name shall be permitted to be displayed on the front of the publication vending device directly below the publication display window in letters a maximum of two inches high. The publication's name shall also be permitted to be displayed one time on the back of the publication vending device, centered, exactly four inches from the top edge of the publication vending device, with letters a maximum of two inches high. A service telephone number for the reporting of publication vending device malfunctions may be displayed directly below the publication's name on the front (the side which contains the display window) of the publication vending device in letters a maximum of one and one-half inches high. This service telephone number may also be displayed, instead of the publication's name, one time on the back of the publication vending device, centered, exactly four inches from the top edge of the publication vending device, with numbers a maximum of two inches high. No other logo, advertising, or lettering shall be permitted on publication vending devices. Face plates for coin boxes may be customized to contain a publication's name or logo. Free publications or other publications whose vending device does not require a coin box may also customize the face plate where a coin box would otherwise be located. Card holders may be permitted to be displayed on publication vending devices provided that card holders contain logos, lettering or advertising for that publication only. Card holders shall not exceed 11 inches by 17 inches and shall be placed in the space provided directly below the front display window.
b.Publication vending devices shall be standard Sho-Rack galvanized material model 100, or equivalent publication vending device, as defined in section 138-156.
c.Publication vending devices shall weigh a minimum of 75 pounds and may be fastened to one another in such a manner that they cannot be easily moved or toppled or otherwise pushed or thrown into a right-ofway or street.
d.Publication vending devices shall not be fastened to the sidewalk without prior approval from the commissioner of the department of transportation.
e.Publication vending devices shall abut one another and shall be located so as to abut one another beginning at a location not less than 30 feet from the intersection point of the projected curblines of any intersection. No group of publication vending devices may extend for more than 13 feet. There shall be a space of 50 feet between groups of publication vending devices.
f.Publication vending devices shall not be located:
1.Within five feet from the nearest outer edge of any crosswalk;
2.Within 20 feet from any fire hydrant, fire call box, or police call box;
3.Within five feet from the nearest outer edge of any driveway;
4.Within two feet of signs, parking meters, streetlights, or utility poles; or
5.Within 15 feet of any designated bus stop sign or post.
6.In such a manner that hinders egress to parked vehicles in marked parking stalls;
7.In such a manner that impairs bus, taxicab, truck or passenger loading zones; or
8.In a manner that blocks historic markers, benches, or other public improvements.
g.Publication vending devices shall be placed within the street furniture zone as described by the pedestrian space plan (sheets 137 and 138 of the city official zoning map) no closer than 18 inches from the back of the nearest curb of the road and shall be positioned to provide for a minimum of nine feet of unobstructed sidewalk so as not to impede reason-able pedestrian traffic on sidewalks. Publication vending devices shall not be permitted on sidewalks with a width, which is less than 12 feet.
(2)All other locations. Publication vending devices within the city that are not within the Olympic corridors, downtown improvement district, or the government district of Downtown Atlanta shall not be subject to the regulations imposed on publication vending devices as set forth in subparagraph (1), but shall comply with the following:
a.Publication vending devices shall not be located:
1.Within five feet from the nearest outer edge of any crosswalk;
2.Within 20 feet of any fire hydrant, fire call box or police call box.
3.Within five feet from the nearest outer edge of any driveway.
4.In such a manner that impairs bus, taxicab, truck or passenger loading zones;
5.Within 15 feet of any designated bus stop sign or post;
6.Within 50 feet of any other publication vending device on the same side of the street containing the same edition of the same publication; and
7.At any location whereby the area of unobstructed public sidewalk for the passage of pedestrians is reduced to less than six feet.
(b)No single publication vending device shall exceed five feet in height, 30 inches in width or two feet in thickness.
(c)No vending device shall be chained to any property not owned by the owner of the publication vending device or to any permanently fixed object; however, publication vending devices, when placed side by side, may be chained or otherwise attached to one another.
(d)Publication vending devices may be placed next to each other, provided that no group of publication vending devices shall extend more than six feet along a curb or wall. (Ord. No. 1996-07, § 2, 3-3-96; Ord. No. 1996-21, §§ 1, 2, 5-13-96; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2017-15(17-O-1153), § 1, 4-26-17; Ord. No. 2020-32(20-O-1379), § 22, 6-23-20)
§ 138-52
Maintenance; advertising prohibited.
Sec. 138-52. Maintenance; advertising prohibited.
(a)Each publication vending device shall be maintained in a state of good repair at all times.
(b)It shall be unlawful for any person to use a publication vending device for advertising or publicity purposes other than that dealing with the display, sale or purchase of the publications sold therein. (Ord. No. 1996-07, § 2, 3-3-96; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-53
Abandonment.
Sec. 138-53. Abandonment.
Any publication vending device placed upon the public right-of-way which appears to have been in disuse by the permittee for that location for at least 45 days shall be considered abandoned, and to constitute a public nuisance subject to abatement procedures as provided for in this Code of Ordinances. (Ord. No. 1996-07, § 2, 3-3-96; Ord. No. 1996-47, § 2, 7-8-96)
Secs. 138-54—138-59. Reserved.
DIVISION 6. FLAGS, BANNERS, SIGNS, DISPLAYS
§ 138-60
Flags, banners, signs, displays.
Sec. 138-60. Flags, banners, signs, displays.
(a)Permit required. No person shall attach any flag, banner, bunting, sign, display or other form of decoration to any light pole or other standard erected in any right-of-way along any street, whether the pole or standard is the property of the city or of a person, unless a permit to attach the flags, banners, bunting, signs, displays or other forms of decorations to the pole or other standard shall have been issued by the commissioner of transportation under the following conditions:
(1)No flag, banner, bunting, sign, display or other form of decoration shall be permitted which contains any advertising or any reference to any organization organized or operated for profit or which contains advertisement of any event or occurrence to take place under the sponsorship or for the benefit of any person operating for profit. However, for permitted festivals and centennial celebrations of local companies or corporations, the commissioner of transportation may issue a permit allowing a limited form of advertising, if the following conditions or others determined by the commissioner of public works are met:
a.The actual surface area of the flag, banner, bunting, hanging sign, display or other form of decoration does not extend more than three feet horizontally and four feet vertically, such dimensions resulting in an area no greater than 12 square feet, with the exception of those poles designated specifically for the purpose of accommodating flags, banners, buntings, hanging signs, displays, the dimensions of which shall not exceed eight feet horizontally and eight feet vertically, such dimensions resulting in an area no greater than 24 square feet total;
b.The form of advertising shall be the corporate logo or trademark of the for-profit sponsoring organization;
c.The corporate logo or trademark shall not exceed one-tenth of the total surface area on either side;
d.Only one corporate logo or trademark shall be allowed per street decoration; and
e.All provisions of this section are strictly adhered to. The approved size of the flag, banner, bunting, hanging sign or other display shall be in the discretion of the commissioner of transportation, considering the areas to be decorated, structures upon which such decorations are to be installed, length of street right-of-way involved and the impact on adjacent structures, properties and activities. The determination of the commissioner of transportation with respect to approving applications and permitting the hanging of flags, banners, buntings, signs, displays or other forms of street decorations shall be final.
(2)No flag, banner, bunting, sign or display or other form of decoration shall be permitted which, in the opinion of the fire chief, would create a fire hazard. No permit shall be issued under this section by the commissioner of transportation until the materials to be used in such decorations have been approved in writing by the fire chief.
(3)No permit shall be issued by the commissioner of transportation for any flag, banner, bunting, sign, display or other form of decoration to be attached to any poles or standards in any right-of-way area, which poles or standards belong to any person, other than the city, unless permission in writing from the owners of the poles or standards to attach the decorations is submitted to the commissioner of transportation with the application for the permit.
(4)The permit under this section which will allow flags, banners, buntings, signs, displays or other forms of decoration to be placed within the rights-of-way should be for a duration of no more than 30 days except by authorization from the commissioner of transportation.
(5)The permit for banners, buntings, signs, displays or other forms of decoration should be limited to 100 except by authorization from the commissioner of transportation. The distribution of such decorations along the public right-of-way are subject to the approval of the commissioner of transportation and the criteria for approval of the number of such shall include those standards and requirements pertaining to size and format as set forth in this section.
(6)No permit shall be issued by the commissioner of transportation until the person requesting the permit agrees in writing to remove all flags, banners, bunting, signs, displays or other forms of decorations, without cost to the city, within five days after the end of the permit period.
(7)With the exception of permit applications filed by or on behalf of the office of cultural affairs for city sponsored annual events, no permit shall be issued by the commissioner of transportation until a deposit of $1,000.00 is made by the applicant for the permit to the commissioner of transportation. The deposit shall be returned to the applicant if all flags, banners, buntings, signs, displays or other forms of decorations attached to any poles or standards under the permit granted are removed within five days after the end of the permit period. If the flags, banners, buntings, signs, displays or other forms of decorations are not removed within five days, the deposit shall be forfeited as liquidated damages and the commissioner of public works shall remove the flags, banners, buntings, signs, displays or other forms of decorations. If the expense of removal shall exceed the amount of the deposit, the excess over the amount of the deposit shall be collected from the person to which the permit was issued, as provided by law.
(8)With the exception of permit applications filed by or on behalf of the office of cultural affairs for city sponsored annual events the base fee for a permit shall be $100.00 (plus the $1,000.00 refundable deposit per subsection (a)(7) of this section).
Additional fees shall be assessed as follows:
a.For-profit organizations: $1.80 per banner for each permitted day.
b.Not-for-profit and charitable organizations:
1.$0.75 per banner per day for each permitted day in excess of 30 days.
2.$0.75 per banner per day for each banner in excess of 100.
(9)The commissioner of transportation shall approve all brackets, supports or any type of supporting structures for hanging the banners.
(10)The printing process for the banners shall be approved by the special events coordinator of the department of parks and recreation.
(11)The applicant shall enter into an agreement with the city indemnifying and holding the city, its officers, agents and employees harmless from any and all claims arising out of the placement of, maintenance of, use of or removal of banners, including claims of banners or the structures upon which they are hung falling on people or property.
(b)Hanging across streets. No banners, bunting, signs, displays or other forms of decoration may be constructed to cross any street in the city, and no permit shall be issued therefore.
(c)Use of city personnel or equipment for installation. No city agency may use any city personnel or any city equipment to install or to aid in the installation of any flags, displays or other forms of decoration along the city right-ofway for any private organization.
(d)Certain waivers for sporting events. The commissioner of transportation is authorized to waive the requirements of subsections (a)(1), (a)(7) and (b) of this section for applicants sponsor-ing one-day sporting events when, in the commissioner's judgment, public safety will not be compromised. (Code 1977, § 9-3010; Ord. No. 2000-62, § 1, 12-12-00; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2001-31, § 2, 5-16-01; Ord. No. 2003-92, § 1, 9-23-03; Ord. No. 2006-66, § 8, 9-26-06; Ord. No. 2018-67(18-O-1714), §§ 1, 2, 12-12-18; Ord. No. 2020-32(20-O-1379), § 23, 6-23-20)
Editor’s note—Ord. No. 2006-66, § 14, provided for an effective date of Jan. 1, 2007.
Cross reference—Sign regulations generally, § 6-26 et seq.
Land Development Code Reference—Supplemental zoning regulations pertaining to signs, § 16-28A.001 et seq.
DIVISION 7. DUMPSTERS
§ 138-61
Dumpsters in the right-ofway.
Sec. 138-61. Dumpsters in the right-ofway.
(a)Definitions. The following words, terms and phrases, when used in this subsection, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
(1)"Dumpster" shall mean any container or storage box used for the storage, collection, or removal of construction debris, demolition debris, or other discarded material but shall not include a refuse compactor or grease container, and shall also not include the refuse containers.
(2)"Applicant" shall mean the person who leases or otherwise causes placement (if a dumpster or container for temporary use at the location requested).
(3)"Provider" shall mean the person who owns a dumpster.
(b)Permit required. It shall be prohibited and it shall be unlawful for any person to place or maintain a dumpster in the public right-of-way unless such person shall first obtain a dumpster permit from the department of transportation.
(c)Application. An application for a dumpster permit shall be made to the commissioner of transportation by the applicant. The application form shall require the applicant to provide the following information:
(1)The name, address and telephone number of the applicant;
(2)The number of dumpster(s) requested to occupy the permitted location;
(3)The street address adjacent to the permitted location;
(4)The intended use of the dumpster(s); and
(5)The intended period of occupancy of the dumpster(s).
(d)Duration and conditions of permit.
(1)Duration of permit. Duration of a dumpster permit shall not be more than six months. An applicant holding a permit and requesting an extension of time shall apply for a new permit according to the provisions of this code section.
(2)Demonstrated need as condition of permit. No dumpster permit shall be issued unless the applicant shall first demonstrate to the commissioner of transportation that the dumpster(s) cannot be accommodated on private property.
(3)Indemnification insurance as condition of permit. No dumpster permit shall be issued until the applicant for such permit shall first have presented to the commissioner of transportation or his designee evidence of insurance issued to indemnify and hold harmless the city, its agents, officers and employees from all claims arising out of any injury to persons or damage to property resulting from the placement, presence, use, maintenance or removal of the permitted dumpster on, irk, over or within the public right-ofway. Such insurance shall be furnished by an insurer satisfactory to the city, the amount of the policy being determined by the city's risk manager to be adequate to protect the interests of the public and shall name the City of Atlanta, its officers, employees and agents as additional insured. The insurance shall be maintained in effect at all times that the dumpster remains on the public right-ofway.
(4)Reimbursement of damages to city. The granting of permission to place or maintain a dumpster on, or in, the public right-of-way shall be contingent upon the agreement of the applicant to repair any damage to the public way resulting from the placement, maintenance, use or removal of the dumpster during the times the dumpster remains on the public rightof-way.
(5)Compliance with this chapter. The granting of permission to place or maintain a dumpster on, or in, the public right-ofway shall be contingent upon the agreement of the applicant to comply with all the terms of this chapter and to comply with all other ordinances and regulations of the city.
(e)Permit fee. The applicant for a permit issued by the department of transportation for dumpster placement shall, upon receipt of such permit, pay to the city a permit fee as provided in this section.
(1)There shall be a $20.00 fixed fee for all permits issued as provided in this section, unless otherwise provided herein.
(2)A permit cost for use of up to 100 linear feet of any portion of the adjacent curb lane shall be $10.00 per calendar day for the duration of the permit.
(3)A permit cost for use of 101 to 200 linear feet of any portion of the adjacent curb lane shall be $15.00 per calendar day for the duration of the permit.
(4)A permit cost for use of 201 to 300 linear feet of any portion of the adjacent curb lane shall be $20.00 per calendar day for the duration of the permit.
(5)A permit cost for use of over 300 linear feet of any portion of the adjacent curb lane shall be $25.00 per calendar day for the duration of the permit.
(6)An additional fee to recover the cost of the blocked parking meters, or to recover the cost of the issuance of emergency no parking signs or other materials related to traffic control measures may be added to the cost of the permit, where applicable.
(f)Dumpster identification. The commissioner of transportation is authorized to establish and publish a list of conditions and requirements for the placement, maintenance, use or removal of any dumpster in the public way in a manner not inconsistent with this chapter. Said conditions shall contain, but not be limited to, the requirement that the provider clearly identify all dumpsters in the public right-of-way in the following manner:
(1)Clear identification of the name and telephone number of the provider, visibly displayed in a conspicuous manner, according to standards established and published by the commissioner of the department of transportation.
(2)The requirement to affix and maintain, on each of the four corners of the dumpster high-intensity retro-reflective sheeting, or other retro-reflective or prismatic material or substance according to standards established and published by the commissioner of the department of transportation.
(g)Location. No dumpster shall be permitted for a location that is:
(1)Within 40 feet of any bus stop.
(2)Within 20 feet of any parking space designated for persons with disabilities.
(3)Within 20 feet of any pedestrian crosswalk.
(4)Within 30 feet of any intersection.
(5)Within 15 feet of any fire hydrant.
(6)On any sidewalk, unless the applicant demonstrates to the satisfaction of the commissioner of transportation or his designee that an alternative location is not feasible and that placement of the dumpster(s) on such sidewalk would not create a safety hazard, disrupt pedestrian or vehicular traffic, or damage public or private property.
(h)Placement, appearance and maintenance of dumpster.
(1)It shall be the responsibility of the applicant to place the dumpster immediately adjacent to the property identified by the street address stated on the permit application.
(2)It shall be the responsibility of the provider to make certain that the dumpster remains free of graffiti (as defined at section 106-801 of this Code) at all times.
(3)It shall be the responsibility of the provider when transporting or otherwise moving a dumpster, to ensure that no portion of the load is falling, shifting, blowing, dropping or in any way escaping from the dumpster. The provider shall use a tarpaulin or other appropriate cover to secure the top of a dumpster while in transit.
(i)Violations.
(1)Violations of the conditions stated in the permit required by this section, or failure to obtain or maintain a valid permit shall constitute an offense and shall be punishable as provided under in the penalty section of this chapter.
(2)Any dumpster in the public right-of-way not bearing its identification information or reflective material as required by subsection (f) of this section, shall be in violation of the requirements of this section; and
(3)Any dumpster not located immediately adjacent to the street address specified in the permit shall be in violation of this section; and
(4)Each day that a violation exists shall constitute a separate offense.
(j)Enforcement and penalties. Upon a determination that a person is in violation of this chapter, the commissioner of transportation or his designee shall give notice or issue a citation that indicates the person is in violation of a section of this chapter. Should the violation continue for a period of 14 days after the person receives notice, the commissioner or his designee may cite the violator to appear before the judge of the municipal court for a hearing on the charge of violation of this chapter.
Upon a finding that a section of this chapter has been violated, the violator shall be subject to one or more of the following penalties:
(1)The revocation or suspension of a permit issued in accordance with this section.
(2)A fine not exceeding $1,000.00 a day for a violation of this section.
(3)Imprisonment for a term not exceeding six months.
(Ord. No. 2005-44, § 1, 7-26-05; Ord. No. 200823(08-O-0555), § 1, 4-28-08; Ord. No. 2020-32(20O-1379), § 24, 6-23-20)
§ 138-62
Bike sharing infrastructure.
Sec. 138-62. Bike sharing infrastructure.
(a)Definitions. The words, terms and phrases, when used in this section, shall have the meanings ascribed to them, except where the context clearly indicates a different meaning. The use of capitalized abbreviated reference terms for the definitions contained herein are intended to refer to the terms and phrases from which they were derived.
(1)©Bike Sharing Rental Program© means a system funded, managed and operated by one or more providers under contracts entered into with the city, which provide the public with opportunities to rent bicycles from stations at locations on both private and public property including the public right-of-way.
(2)©Citywide Bike Share System© is an initiative by the city to provide a non-traditional transit option to cover the "first and last mile" of a transit trip by encouraging and installing infrastructure that will allow access to rental bicycles and for other purposes.
(3)©Commissioner of planning© means the commissioner of the department of city planning, or a designee.
(4)©Commissioner of transportation© means the commissioner of the department of transportation, or a designee.
(5)"Kiosk" means self service bicycle rental station kiosk which is a structure containing the self service payment device located at a station at which bicycles are rented.
(6)"Provider" means a bicycle rental service provider which is a person or entity with a contract with the city to provide public self service bicycle rental services. When used with respect to interconnectivity, the private self service bicycle rental service as defined in the Zoning Code is included as a "provider" only in the capacity as one whose rental bicycles may be returned to, stored in or rented from stations operated by that person or entity.
(7)"Rental bicycle" or "bicycle" means a self service rental bicycle or e-bicycle that is rented from a station that is operated by a private self service bicycle rental service as defined in the Zoning Code.
(8)"Station" means a public self service bicycle rental station which is an automated facility constructed as a part of a bike sharing rental program where bicycles are made available for rental without the requirement that employees or attendants be present to accept rental payments from customers, rent bicycles to customers, or receive bicycles from customers when the bicycles are returned from rental.
(9)"Storage" means self service rental bicycle storage which is a part of a station that is utilized for the storage of rental bicycles available for rental or being returned after rental at any station, including stations maintained by a private self service bicycle rental service as defined in the Zoning Code; for the servicing of rental bicycles, or for the storage of any other goods or materials, provided that no part of any station may be used for the storage of rental bicycles that are inoperable or which cannot be rented within 24 hours after their return.
(b)Authorization to allow the use of public property and right-of-way for the program. The commissioner of transportation is authorized to allow the installation of stations and kiosks on public property including the public right-of-way. Such stations shall only be installed by a provider that has a contract with the city to manage and provide services to the public under the program. In order for the provider to install required infrastructure for operation of the program in the public right-of-way, the provider must enter into an encroachment agreement with the city for the installation of each kiosk and station pursuant to the requirements of Division 1 of Chapter 138 of the City of Atlanta Code of Ordinances in general, and Code section 138-24 in particular. In no instance shall the contract or the authorization granted by this section require the commissioner of transportation to allow the installation of kiosks and stations in locations which the commissioner of transportation deems unsuitable for the installation of such infrastructure.
(c)Criteria for the location of stations in the public right-of-way.
(1)No station shall interfere with the reasonable visibility needs of drivers on the street where the station is located or any connecting street.
(2)No station shall interfere with the flow of pedestrian traffic taking into consideration the queuing areas for adjacent businesses, the size of the station and the width of the sidewalk.
(3)No station shall be located so as to unreasonably interfere with businesses located on the same block (block faces) as the proposed station location. A notice shall be posted by the provider at the site on the street frontage where the station is to be located which states that the provider has sought permission from the city to install a station at the location. The required encroachment agreement shall not be executed by the city until the provider submits an affidavit that the notice has been posted for ten days. The commissioner of transportation shall receive any comments from the public and consider those comments in making a decision as to whether to authorize the station installation.
(d)Installation of infrastructure on private property.
(1)It shall be unlawful to erect or maintain a station on private property except as permitted by the commissioner of planning through an endorsement of a special administrative permit ("SAP") obtained from the office of planning by a provider and issued pursuant to the City of Atlanta's Code of Ordinances Land Development Code at Part 16 of Chapter 25. The endorsement by the commissioner of planning of such SAP shall be the final approval required before a building permit may be sought to construct the station.
(2)All stations to be located on private property shall be erected, operated and maintained by the provider in conformity with the city's zoning ordinance, including without limitation, the requirements as to signage, station size and design, as evidenced by the approval of an SAP by the commissioner of planning. The permit and the review of the criteria required in this section to obtain the endorsement of the SAP by the commissioner of planning shall be in addition to and shall in no way modify or replace the requirements set forth in the Zoning Ordinance and all permits required therein.
(3)Before a permit for a station to be located on private property can be approved, the applicant must submit design plans, to be accompanied by photographs and any other required supporting documents, to the commissioner of planning for approval. The submitted design plans for stations located on private property must also comply with the same restrictions related to the location and placement of the stations installed in the public right-ofway as described immediately above in subsection 138-62(d).
(4)All SAPs shall be reviewed by the urban design commission as required by Chapter 90, Article II, Division 2 of Part 16. Such review may be undertaken at any time prior to the commissioner of planning's endorsement of the SAP.
(e)Provider assumes risk for installation and operation/management of the stations. All stations located on public property are to be installed and managed by the provider who shall at all times assume all risks for the condition and management of the stations, the use of rental bicycles and any events occurring at the stations. The provider will obtain liability insurance in an amount approved by the city's office of enterprise risk management and under which the city shall be named an additional named insured.
Such insurance requirements shall be set out in the encroachment agreement that must be agreed to and executed by the provider.
(f)Provider responsible for condition of public property. All stations located on public property are installed at the risk of the provider who shall at all times have the obligation to return the public property on which the station is located back to the city in the same condition as when the encroachment agreement was entered into permit was issued. In this regard, bond requirements as set out in the encroachment agreement must be complied with by the provider.
(g)City held harmless. The provider shall hold the city harmless against all losses or damages resulting from or alleged to have resulted from the installation, and/or existence, and/or maintenance operation or any other aspect of the operation and use of the stations and the bicycles. Such hold harmless agreement as provided for in the encroachment agreement must be agreed to by the provider.
(h)Maintenance. The provider shall be responsible for maintaining the stations in a safe and clean condition. The stations shall be kept in good order and repair at all times.
(i)Failure of compliance. The provider shall be notified by the commissioner of transportation when a station is no longer in compliance with city code requirements and/or the provisions of the encroachment agreement and the actions that must be taken to bring the station into compliance. In addition to any contractual remedies, the commissioner of transportation may order removal of a station that cannot be brought into compliance by issuing a written order of removal to be sent by certified mail. Failure of the provider to remove the station within 30 days of being issued a written order of removal by the commissioner shall allow for the removal of the station at the cost of the provider.
(Ord. No. 2014-35(14-O-1325), § 1, 7-30-14; Ord. No. 2020-32(20-O-1379), § 25, 6-23-20)
Secs. 138-63, 138-64. Reserved.
ARTICLE III. CONSTRUCTION OR EXCAVATION IN THE RIGHT-OF-WAY*
§ 138-65
Permits for construction or excavation.
Sec. 138-65. Permits for construction or excavation.
(a)Permit required. Any person desiring to conduct construction activities within the public right-of-way or to have an excavation or opening made within a public street, sidewalk, or rightof-way shall make application for a permit to the commissioner of transportation. The commis-*Editor’s note—Ord. No. 2001-22, § 1, adopted March 14, 2001, amended article III in its entirety to read as herein set out. Formerly, said article pertained to improvements as they relate to streets, sidewalks and other public places. See the Code Comparative Table.
To the extent permitted by law, the city may determine to apply all or certain provisions of this ordinance [Ord. No. 2001-22] to agreements, franchises, and licenses existing on the effective date of this ordinance [March 5, 2001]. This ordinance shall apply to all telecommunications providers, persons seeking to use the streets in the manner described in section 138-127 herein, and franchisees, permittees, and licensees after its adoption.
sioner of transportation shall have the authority to impose such permit terms and conditions necessary to protect the public health and safety, and the permittee shall comply with all terms and conditions imposed by the commissioner of transportation including the right to maintain a register of authorized contractors. Only authorized contractors shall engage in permitted activities in the rights-of-way. Applications for all permits for construction and excavation pursuant to this section shall be reviewed, and if the application is complete and the permittee is in compliance with all requirements of this article, to the extent practicable, the city shall issue a permit within 60 days of receipt of the last application and notice to all parties; provided that all joint application permits for excavation by two or more persons shall be expedited and if in compliance with all requirements of this article shall, if practicable, be approved by the commissioner of within 30 days of receipt of such applications.
(1)Scheduled maintenance permits—There shall be a standing permit for the routine maintenance and repair by the franchisees to existing facilities in the public rightsof-way.
(2)Construction permits:
a.Persons desiring to conduct excavation work in the streets or public rights-of-way for the purpose of sewer installation, water line installation, and water meter installation shall apply for a construction permit. Such permits shall be issued for a fee of $85.00 per permit.
b.Persons desiring to conduct excavation work in the streets or public rights-of-way including, but not limited to, any street cuts boring activity and the placement or removal of conduits, manholes, cable, shall apply for a construction permit. Such permits shall be issued for a fee of $200.00 per permit.
The permit fees set out above shall include one hour of inspection by a department of transportation inspector upon the completion construction activity. In addition, the city may charge an inspection fee of $50.00 per hour. However, where the Georgia Department of Transportation has primary permitting authority over a particular construction activity, the permittee may show a copy of the GDOT permit upon application for a city permit and the city permit fee and inspection fees shall be waived for that permit. With respect to subsection (2)b. immediately above, to the extent that a person pays or remits payment to the city pursuant to section 138-127(h)(1). Such payment shall be in lieu of permit fees and inspection fees.
(3)Emergency repair permit—Persons conducting excavation work in the public rights-of-way pursuant to an emergency shall comply with the provisions set forth in section 138-74.
(b)Permit maintained on site. The permit granted by the commissioner of transportation to conduct construction activities within the public right-of-way, maintenance activities, or to open any street or sidewalk shall be maintained on site and displayed to any official of the department of transportation, police, or other city official upon request. A scheduled maintenance permit shall be exhibited for scheduled maintenance. A construction permit shall be exhibited for excavation activities. Emergency repair permits shall be exhibited for emergency repairs. Failure to exhibit the appropriate permit shall not only be a violation of this article but shall also be cause for revocation of the permit by the commissioner of transportation.
(c)Working without a permit. It shall be unlawful, and a violation of the City Code to perform any regulated activity within the public right-of-way without complying with the permit requirements of the department of transportation in this chapter. Any person deemed guilty of such violation, upon conviction thereof, shall be punished with a fine of $1,000.00. An additional fine of $100.00 per day will be assessed for each day of the violation.
(d)Denial of a permit. The commissioner of transportation shall grant no permit where the applicant has failed to comply with the terms of a prior permit. It shall be within the reasonable discretion of the commissioner of transportation to decline a permit to any person who shall have failed to carry out any prior order or instruction of the commissioner of transportation in connection with the opening of a street or sidewalk at any time. The commissioner of transportation may in the commissioner's discretion decline to grant a permit if the commissioner determines that the permit will not be in the public interest. A person may appeal the denial of a permit to the commissioner of transportation. The responsibility shall be upon the commissioner of transportation to see that no permit is granted to any person to open any street or sidewalk where the results to be accomplished under the permit will unreasonably interfere with the use of the street or sidewalk. Time length for allowing excavations to remain shall be determined by the commissioner of transportation.
(e)Signed petition required. The commissioner of transportation shall not grant any permit to conduct construction activities within the public right-of-way or for an excavation underneath sidewalks or streets for any purpose, unless the petition for that use in each instance is signed by the owner of the proposed facility, who shall enter into an agreement with the city binding the owner and the owner's successor in title. The owner shall agree to indemnify the city against any and all damages to either persons or property caused by the construction or maintenance of the excavation or opening and agree that the commissioner of transportation shall have the right to have said excavations closed and filled at any time the commissioner of transportation determines and the owner shall vacate the area beneath the sidewalk when requested to do so by the city without cost to the city. The work in each instance shall be done under the supervision and to the satisfaction of the commissioner of transportation. Any person violating this section shall be required to close the excavation and remove any obstructions upon the direction of the commissioner of transportation. If such notice is not complied with, such encroachment shall be removed by the commissioner of transportation at the owner's expense.
(f)Supervision of work. All such openings, except as provided in this subsection, shall be made and refilled and permanent improvements removed shall be replaced by or under the supervision of the commissioner of transportation.
(g)Cost of work. The cost of conducting construction activities within the public right-ofway or making and refilling any opening and of replacing any permanent improvement removed shall be paid by the person at whose request such opening is made. If work is performed by the city on behalf of or at the request of an applicant, charges therefore shall be in such amounts as may be fixed by the commissioner of transportation, subject to the approval of the council. The commissioner of transportation shall likewise in each case estimate the cost of replacing permanent improvements and shall have authority to replace or require the replacement of all of a sidewalk or street when it is necessary to put the sidewalk in as good condition using materials of equal or better quality as before the opening. All such cost, whether computed from a schedule fixed by the commissioner of transportation or embodied in an estimate made under this subsection by the commissioner of transportation, shall be paid before the work is done by the city or the permit is granted.
(h)Conditions of maintaining a permit.
(1)The commissioner of transportation is authorized to establish and publish a list of conditions and requirements for all construction, repair, maintenance, and other activities within the public rightof-way including, among other things, the power to establish reasonable fees and fines not inconsistent with this chapter. Said conditions shall contain, but shall not be limited to, requirements pertaining to:
a.Notice of proposed construction activities and projected impediment to the abutting commercial and residential land five business days prior to construction activity. Notice shall be visibly displayed in a conspicuous manner on the door of the residence or commercial establishment;
b.Traffic protection;
c.Emergencies;
d.Clear identification of all construction and maintenance sites, vehicles, metal plates and other obstacles with the name and phone number of the utility owner and the person performing the work;
e.Construction plans to show length of cut, construction activity to install the equipment, size, type and location of utilities in the rights-of-way and technical specifications for street rehabilitation;
f.Placement of warning signs identifying construction and excavationsite;
g.Replacement of decorative sidewalk style and material;
h.Coordination of excavation and paving activities between and among any persons;
i.Placement and removal of paint markings for utility locations;
j.Bonds, insurance and other financial protection for the city;
k.As-built plans. As-built plans and drawings in a form specified by the department of transportation. Plans submitted to the department of transportation for permit approval, which have been updated and certified to reflect actual construction and field changes, shall satisfy this section. Permittee shall not be required to supply privileged information. Any such plans submitted to the city, to the extent permitted by applicable law, shall remain proprietary. No person shall artificially under-estimate the size of their proposed system to evade the purpose of this article.
l.Permittee shall provide to the department of transportation a list identifying all subcontractors used by a permittee on a construction or excavation project. List shall include the name and telephone number of the subcontractor, location and the anticipated duration of the project; and
m.Any other requirements, limitations, or conditions that may be necessary and proper.
(2)Restoration of the right-of-way. Upon the determination by the department of transportation that all construction and excavation activity in the right-of-way, has ceased, within 14 business days of such determination, all persons shall begin to restore the right-of-way to its preconstruction condition. The restoration of the right-of-way shall include; the repaving of all streets and sidewalks, removal of temporary utility markings, and replacement of all disturbed pavement markings, the removal of all barricades, obstructions, surplus excavation material and the restoration of the appropriate vegetation. However, trees and shrubs should be planted during the appropriate season. All restoration shall be completed within 21 days after the end of construction activity. Failure to comply with this section will subject all persons to the maximum penalties as set forth in section 138-4 of this chapter.
(i)Safety barriers. It shall be the duty of all persons doing any kind of non-emergency work in the streets of the city, such as paving, laying sewers, sidewalks and curbing, moving buildings or any other work that in any way obstructs free passage thereon to notify the commissioner of transportation at least 96 hours before the work is commenced and on its completion. It shall be the duty of the commissioner of transportation to see that this subsection is enforced, both as to the erection of barriers or enclosures and as to travel on the street by vehicles or otherwise during the time prohibited. It shall also be the duty of the commissioner of transportation to notify the fire chief and police chief, Grady Memorial Hospital, the Metropolitan Atlanta Rapid Transit Authority and persons named by the mayor or the mayor's designee of the date and time the street will be closed.
(j)Performance bond. Persons performing construction or excavation work in the right-ofway shall maintain a performance and completion bond in the amount of $500,000.00 or in an amount determined by the city's risk manager to be adequate to either complete the proposed work impacting the public right-of-way in its entirety or to restore the public right-of-way to its condition prior to the commencement of the work if the person fails to complete the work to the satisfaction of the commissioner of transportation.
(k)Insurance. The city's risk manager shall require the person conducting construction activities within the public right-of-way to obtain a policy of public liability and property damage insurance naming the city as an additional insured and affording coverage for personal injury, including death in an amount not less than $3,000,000.00, or such amounts established by the city's risk manager, to protect the city from liability claims arising out of the permitted construction activities. These insurance requirements may be met by evidence of self-insurance acceptable to the city.
(l)Cash deposit and irrevocable letter of credit. The permittee conducting construction activities within the public right-of-way shall maintain either an irrevocable letter of credit from a qualified financial institution or a cash deposit securing the compliance of the terms of this chapter and the faithful performance of the obligations of the party conducting construction activities within the public right-of-way. The permittee is not required to obtain an irrevocable letter of credit or cash deposit for each individual construction activity for the year beginning January 1. The irrevocable letter of credit or cash deposit shall cover all construction activities conducted by the permittee from January to January of the next year.
(1)Amount. The irrevocable letter of credit or cash deposit shall be in the sum of $10,000.00 for work up to 500 feet in the public right-of-way. A $25,000.00 irrevocable letter of credit or cash deposit shall be required for work performed in the public right-of-way in excess of 500 feet. The deposit shall be placed in an interest bearing account.
(2)Demand on the irrevocable letter of credit or from cash deposit. The commissioner of transportation may demand payment from the institution that issued the letter of credit for a violating party or make deductions from the cash deposit, as applicable to offset the costs of, among other things, the repair, excavations or work performed by the department of transportation, or to pay any assessed penalties or costs associated with violations of this chapter. Where practicable, the city shall provide the permittee with ten days advance written notice of a deduction from the deposit.
(3)Release of the letter of credit or cash deposit. The letter of credit or cash deposit shall be maintained for a period of one year after the satisfactory completion of work performed in the public right-ofway to secure the obligations in the permit and this ordinance. Upon expiration of one year of the satisfactory completion of the latest activity conducted in the public right-of-way, the department of transportation shall either release the letter of credit or cash deposit securing satisfactory completion of the work performed in the public right-of-way. If the department determines that the work is unsatisfactory, the department of transportation shall provide written notice of the reasons why the work is unsatisfactory to the person conducting the construction activities. If no notice of unsatisfactory work is provided by the department of transportation within 30 days after a request for release pursuant to this section, any letter of credit or cash deposit plus accrued interest will be refunded.
(4)Notwithstanding the foregoing, the requirement for an irrevocable letter of credit or cash deposit may be waived, or the amount may be decreased at the discretion of the city's risk manager.
(m)Notification to abutting property owners or occupants. The commissioner of transportation shall require the person conducting activities pursuant to the permit and construction activities within the public right-of-way to provide each abutting property owner or occupant with reasonable and timely notification of any impending construction work that would unreasonably interfere with either egress or ingress onto said owner's property.
(n)Indemnity of the city. The commissioner of transportation shall require the person conducting activities pursuant to the permit and construction activities within the public right-of-way to indemnify and hold harmless the city, its officers, agents and employees, from any and all claims or litigation arising from any construction activities which interfere with the ability of the abutting property owner to conduct his business and/or personal activities in a manner to which he is accustomed.
(o)Consequential damages. The commissioner of transportation shall require the person conducting activities pursuant to the permit and construction activities within the public right-ofway to indemnify and hold harmless the city, its officers, agents and employees, from any and all claims or litigation arising from any consequential damages arising from any construction activities within the public right-of-way, including but not limited to vehicular damage caused by such disruption to the right-of-way.
(p)Guarding of temporary excavations. All persons making an excavation in any street, sidewalk or public place for any purpose shall erect around the excavation a fence or barrier adequate to protect the public from the excavation. When the excavation is made across the sidewalk or at a place used by pedestrians, a bridge shall be erected over the excavation sufficient for the safe passage of the public. All excavations shall be properly lighted at night as determined by the commissioner of transportation. The guarding and protection of excavations shall be in accordance with state law and with specifications promulgated by the commissioner of transportation and on file in the office of the commissioner of transportation. Appropriate signage shall be erected by all persons making an excavation in the street to provide notice of the excavation to the public.
(q)Reservation of rights. The city reserves the right, upon the review of its franchise application, to waive, modify or amend the various bonding, letter of credit, cash deposits and insurance requirements as set forth in section 138-65, taking into account, among other factors, the financial stability of the franchisee or revocable licensee and the past performance of the franchisee or revocable licensee in the city's right-of-way. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 200182, §§ 3, 4, 11-13-01; Ord. No. 2002-91, § 1, 12-10-02; Ord. No. 2003-72, §§ 1, 6, 6-8-03; Ord. No. 2008-42(08-O-0880), § 1, 6-24-08; Ord. No. 2015-32(15-O-1131), § 1, 6-24-15; Ord. No. 202032(20-O-1379), § 26, 6-23-20)
§ 138-66
Neighborhood identification signs.
Sec. 138-66. Neighborhood identification signs.
Neighborhood identification signs as defined in section 16-28A.012(a)(10) shall be subject to the requirements of this section, except for section 138-24(a), and, section 138-24(b)(4), (5), and (9) which shall not apply to such signs. In lieu of said provisions which shall not apply to such signs, the commissioner of transportation shall review and approve the plans and technical specifications and the location of the proposed neighborhood identification signs. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 27, 6-23-20)
§ 138-67
Pedestrian access.
Sec. 138-67. Pedestrian access.
(a)Where it is necessary to close a portion of the pedestrian public right-of-way, only the minimum necessary width of the right-of-way shall be obstructed so as to leave a safe, passable thoroughfare not less than four feet in width, and providing appropriate access at and between intersections in accordance with the Americans With Disabilities Act (the "ADA") standards, and separated from the construction area by adequate safety barriers as approved by the commissioner of transportation.
(b)Where a four-foot wide pedestrian route on the existing thoroughfare cannot be dedicated, a temporary covered, lighted walkway shall be constructed over the existing pedestrian thoroughfare in accordance with regulations set out by the department of transportation.
(c)Where it is not possible to provide access via methods (a) or (b) above, a temporary pedestrian route shall be erected utilizing a combination of the existing sidewalk, the adjacent parking lane, and/or the adjacent vehicular traffic lane at the discretion of the commissioner of transportation. Where a traffic or parking lane is used, appropriate barricades and signage shall be utilized to separate the pedestrian lane from the vehicular lane and the route shall be accessible as per the guidelines of the ADA.
(d)Where the party seeking the permit has shown due diligence to perform either (a), (b), or (c) of this section and are unable to do so due to the structural necessities of the work to be completed, proper signage must be provided at each pedestrian-accessible intersection, between which lies the permitted closure or obstruction, directing pedestrian traffic to cross to the other side of the street. Signage must be visible to pedestrian traffic both on the side of the street with the obstruction and to pedestrian traffic at intersections with access to the segment of the sidewalk containing the permitted obstruction.
(e)The commissioner of transportation is prohibited from accepting, as reason for an inability to comply with items (a), (b), or (c) of this section, that the pedestrian right-of-way must be closed due to a need for vehicular parking on the site of the work being performed necessitating the closure.
(f)All such walkways mandated by this section, shall be maintained by the party responsible on the permit for closure and any damage, or obstructions to this temporary right-of-way shall be repaired and cleared immediately by that party. Permittee is required to display the permit in a conspicuous place so that the public and inspectors can visibly see it. (Code 1977, §§ 9-3031, 9-3034, 9-3037; Ord. No. 1995-60, § 1, 9-24-95; Ord. No. 1998-82, §§ 1—3, 11-20-98; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 28, 6-23-20)
§ 138-68
Scheduling and coordination of excavation.
Sec. 138-68. Scheduling and coordination of excavation.
(a)Twenty-four month plans. In order to facilitate an interactive planning process, persons desiring to cut or make an opening in the street shall submit a quarterly plan in a format acceptable to the commissioner of transportation that shows all major excavation work anticipated to be done in the public right-of-way for the next 24 months. The plan shall include a method of excavation designed to protect to the maximum extent possible, the existing infrastructure and minimize the interference with pedestrian and vehicular traffic plans may be revised and updated from time to time by such person. The person submitting the plans shall mark such plans as proprietary, or trade secrets and the plans will be protected from disclosure by the city, to the extent permitted by law. This requirement shall not impose any requirement on any person desiring to cut a street to disclose confidential business information. This 24-month plan shall not require persons to disclose information on lateral construction marked protected. In addition, this information is only an estimate and will only be used for general location of construction activities of the person and no liability shall be incurred due to or on account of the submission of such projection.
(b)Persons participating in joint excavation. The permit holder shall be deemed the lead person on the joint excavation. In addition, the permit shall list the names of all persons participating in the joint excavation.
(c)Application fee. When two or more persons for a joint excavation submit an application for an excavation permit, the joint applicants shall pay one fee for the excavation permit.
(d)Coordination of 24-month plans. The commissioner shall review all 24-month plans on file in order to identify conflicts and opportunities for coordination of activities. The commissioner shall notify persons with a 24-month plan on file of such conflicts to the extent possible to maximize coordination of major excavation work and to avoid unnecessary and repeated excavations in street. All persons shall coordinate, to the extent possible, major excavation with other potentially affected persons to minimize disruption of the city's public right-of-way. The department of transportation may schedule monthly meetings with persons who desire to work in the right-ofway for the purpose of reviewing submitted as-built plans as required in section 138-65. Persons who seek to perform excavation activities in the right-of-way shall be required to attend such meetings. Failure to attend such meetings shall subject all persons to: revocation or suspension of licenses or permit, the issuance of a stop work order or the imposition of a fine not to exceed $1,000.00.
(e)Department repaving schedule. In October of every year, the commissioner of transportation shall prepare for public inspection, a preliminary 12 month repaving plan showing anticipated and proposed resurfacing and repaving of the public right-of-way. Upon completion, such 12 month repaving plan shall be provided to every person with a 24-month plan on file with the department of public works. The commissioner of transportation will update such plan as appropriate and provide a copy to the persons referenced in the preceding sentence.
(f)The persons subject to this chapter will use their best efforts to conduct industry meetings on a regular basis to try and better coordinate excavation activities. The department of transportation may participate in these industry meetings and endeavor to coordinate major excavation work of the city and the industry.
(g)Good faith efforts. Persons subject to this chapter will use good faith efforts to conduct joint excavation activities subject to technical, economic and competitive considerations. Joint applications shall be approved in an expedited manner. Any joint application shall identify the lead person responsible for the requested permitted activity. The lead person will coordinate the activities of the other persons participating in the joint project. As an incentive, to encourage joint excavation activities, the city shall implement expedited permit procedures and other fee schedules. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 29, 6-23-20)
§ 138-69
Rehabilitation and restoration of the pavement.
Sec. 138-69. Rehabilitation and restoration of the pavement.
Whenever any person or contractor desires to cut or make an opening in any street or any sidewalk area, such person shall repair and restore the area, including milling and resurfacing, to the following specifications of the department of transportation:
(a)Roadway rehabilitation and restoration:
1.If the existing pavement is up to four years old, mill and/or overlay 100 feet each side of the trench for the full width of the lane, lanes or street.
2.If the existing pavement is four years up to seven years old, mill and/or overlay 50 feet each side of the trench for the full width of the lane, lanes or street.
3.If the existing pavement is over seven years old, pavement repair shall be replaced in kind using construction procedures in accordance with the city standard details for the full width of the lane, lanes or street.
4.If in any one block or 500 linear feet, the cumulative damage to the pavement exceeds 200 square feet, the affected lane must be resurfaced for the length of damage.
5.If pavement is damaged in more than one lane, the city may require that the street be repaved across its full width.
6.If field conditions warrant, milling may be required prior to repaving.
In the event of a requirement of milling, terms and conditions shall be specified in the permit.
(b)Sidewalk rehabilitation and restoration:
1.Sidewalk pavers shall be replaced wholly in-kind and according to City of Atlanta code requirements and standards, including any special surfaces, at the sole cost of the permittee.
2.Any adjoining pavers broken or damaged as a result of work performed by a permittee, must be repaired or replaced within 30 days of work performed or upon receiving notification from the city.
3.Asphalt is not permitted to be used for permanent patching or filling of concrete.
4.Any temporary asphalt, or other filling material, used within the sidewalk area must be fully replaced and restored to concrete within 30 days.
5.Pavement made of special materials shall be restored in-kind and the permittee will be required to ensure pavers are affixed in a way that creates a smooth walking surface. If pavers made of special materials are damaged during excavation and are deemed not to be salvageable, it shall be the permittee's responsibility to identify similar materials and submit the specifications to the Department of Public Works for approval, prior to installing.
6.A permittee will be held responsible for removing any tripping hazards caused by work performed under its permit.
7.Any curb ramps or detectable warning surfaces damaged as a part of the permitted excavation or associated equipment, shall be inspected by the Department of Public Works to determine appropriate corrective course of action, including up to full reconstruction of the damaged curb ramp.
8.Any improvements shall be ADA compliant.
(c)Striping restoration: Traffic control device striping and markings, including but not limited to colored lane applications, stop bars, and crosswalks, shall be restored in kind upon completion of paving restoration.
(Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 30, 6-23-20)
§ 138-70
Work done by public utilities.
Sec. 138-70. Work done by public utilities.
The commissioner of transportation may require public utilities to make their own cuts, backfills and permanent improvements, but all that work shall be done under the supervision and subject to the approval of the commissioner of transportation. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 31, 6-23-20)
§ 138-71
Availability of material and equipment before starting work.
Sec. 138-71. Availability of material and equipment before starting work.
It shall be unlawful for a contractor to tear up or interfere with the pavement upon a street or sidewalk unless, immediately prior to the time the contractor commences work on the contract, the contractor has sufficient material and equipment immediately available with which to carry out the paving proposed and the commissioner of public works is satisfied that this section has been complied with. If the commissioner of transportation determines that the contractor has not complied with this section, the commissioner shall refuse to allow the street and sidewalk to be torn up or interfered with, nor shall this be done until the contractor shall comply with this section. (Code 1977, § 9-3051; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 32, 6-2320)
§ 138-72
Building adjoining viaduct, bridge or tunnel.
Sec. 138-72. Building adjoining viaduct, bridge or tunnel.
(a)Bearing upon or against viaduct, bridge or tunnel. No portion of a building adjoining a viaduct, bridge or tunnel shall bear upon or against the viaduct, bridge or tunnel structure, but a space of not less than one inch shall be left open between the sidewalk and the structure and then filled with an approved expansion joint material.
(b)Responsibility for damages. Any and all damages to streets, on either level, or damage to bridge, viaduct or tunnel structures caused by the contractor or by the contractor's employees must be repaired immediately at no cost to the city and to the satisfaction of the commissioner of transportation. (Code 1977, § 9-3039; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 33, 6-2320)
§ 138-73
Protection for gas lines.
Sec. 138-73. Protection for gas lines.
(a)It shall be unlawful for any person to commence, perform or engage in blasting or in excavating with mechanized excavating equipment in any street right-of-way or any tract or parcel of land inside the city limits of the city until such person has complied with O.C.G.A. § 25-9-5 and O.C.G.A. § 25-9-6 and all other applicable state laws.
(b)The provisions of this section are in addition to the requirements set forth in O.C.G.A. tit. 25, ch. 9 (O.C.G.A. § 25-9-1 et seq.). (Code 1977, § 17-11006; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-74
Emergency excavations.
Sec. 138-74. Emergency excavations.
Nothing contained in this section shall be construed to prevent any person from taking any action reasonably necessary for the preservation of life or property or for the restoration of interrupted service provided by a utility when such necessity arises during days or times when the department of transportation is closed. In the event that any person takes any action to excavate or cause to excavate the public right-ofway pursuant to this section such person shall apply for an emergency permit within four hours after the department of transportation offices are first opened. Permits submitted pursuant to this section shall receive an expedited review. The applicant for an emergency permit shall submit a written statement of the basis of the emergency action and described excavation performed and any work remaining to be performed. Persons conducting emergency excavations pursuant to this section shall prominently display a notice of such emergency activity. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 34, 6-23-20)
§ 138-75
Fees charged for permits which allow blocking or closing sidewalks or streets; etc.
Sec. 138-75. Fees charged for permits which allow blocking or closing sidewalks or streets; etc.
(a)The applicant for any permit issued by the department of transportation for closing, occupying, blocking or otherwise using sidewalks or streets for building construction, building repairs, material or equipment storage, movement of oversize vehicles or loads and other special purposes shall pay to the city an application fee of $35.00 and, upon receipt of such permit, pay to the city a permit fee as provided in this section.
(b)There shall be a $35.00 fixed fee for all permits issued as provided in this section, unless otherwise provided herein.
(c)A variable permit cost for use of up to 100 linear feet of sidewalk and any portion of the adjacent curb lane shall be $15.00 per calendar day for the duration of the permit.
(d)A variable permit cost for use of 101 to 200 linear feet of a sidewalk and any portion of the adjacent curb lane shall be $30.00 per calendar day for the duration of the permit.
(e)A variable permit cost for use of 201 to 300 linear feet of a sidewalk and any portion of the adjacent curb lane shall be $45.00 per calendar day for the duration of the permit.
(f)A variable permit cost for use of over 300 linear feet of a sidewalk and any portion of the adjacent curb lane shall be $60.00 per calendar day for the duration of the permit.
(g)The variable permit cost for use of sidewalk space only shall be 40 percent of the variable permit cost as determined for paragraphs (c), (d), (e) and (f) of this section, based on the linear feet of sidewalk used.
(h)The variable permit cost for use of multiple lanes or full street closure shall be the cost of a single lane permit as established in paragraphs (c), (d), (e) and (f), multiplied by the number of marked traffic lanes encroached upon by the permitted use. Where no lane markings are used, a lane width of ten feet shall be assumed for determining the permit cost.
(i)The variable permit cost for trenching or excavating within rights-of-way shall be $25.00 per calendar day per lane for the duration of the permit.
(j)Each truck, trailer, crane, tractor, structure or similar device parked or placed within public rights-of-way contrary to established parking regulation and not within an area permitted, as provided by other portions of this section, shall be required to have from the department of transportation a permit for such storage or parking. The cost of such permit shall be $20.00 per day; however, the fixed fee of $20.00 shall not be applied.
(k)A single trip permit for moving vehicles over city streets which exceed the legal length, width, height, or weight shall be $20.00 for exceeding one of the limitations and $30.00 for exceeding more than one of the limitation. If the department of transportation determines that such vehicles or load, because of its size, must be moved at night or will require a special police escort, the variable permit cost shall be $200.00. Permit charges required in this subsection may be waived if such oversized vehicle or load thereon is being used as part of or in preparation for a parade, festival or other such event.
(l)An annual multiple trip permit cost for moving vehicles which exceed the legal length, width, height or weight shall be $200.00.
(m)Minor routine maintenance of buildings, walls, signs, fences, trees or similar facilities which requires use of a sidewalk, shall require a permit and permit fee.
(n)The commissioner of the department of transportation shall make a determination on any question concerning conditions which require a permit and shall approve waivers of permit fees as provided for herein.
(o)The fee for a haul route permit shall be $80.00. (Ord. No. 2008-43(08-O-0881), § 1, 6-24-08; Ord. No. 2015-32(15-O-1131), § 2, 6-24-15; Ord. No. 2020-32(20-O-1379), § 35, 6-23-20)
ARTICLE IV. IMPROVEMENTS WITHIN THE RIGHT-OF-WAY* DIVISION 1. GENERALLY
§ 138-76
Cost and fees of street paving and the improvement of unimproved right-of-way by city assessed against abutting property owners.
Sec. 138-76. Cost and fees of street paving and the improvement of unimproved right-of-way by city assessed against abutting property owners.
Whenever any street or sidewalk or part thereof in the city is originally paved, or the improvement of unimproved right-of-way is accomplished by the city, the cost and fees of street paving and the improvement of unimproved right-of-way shall be assessed against abutting property owners unless other method of payment is authorized by city council. Whenever such work is by direction of the council, there shall be added to the total assessable cost of the work a fee for inspection and engineering services furnished by the city, and the total of cost and fee shall be assessed against the abutting property owner. The fee shall be retained by the chief financial officer to cover the cost of inspection *Editor’s note—Ord. No. 2001-22, § 1, adopted March 14, 2001, amended article IV in its entirety to read as herein set out. Formerly, said article pertained to poles, wires and conduits as they relate to streets, sidewalks and other public places. See the Code Comparative Table.
To the extent permitted by law, the city may determine to apply all or certain provisions of this ordinance [Ord. No. 2001-22] to agreements, franchises, and licenses existing on the effective date of this ordinance [March 5, 2001]. This ordinance shall apply to all telecommunications providers, persons seeking to use the streets in the manner described in section 138-127 herein, and franchisees, permittees, and licensees after its adoption.
and engineering services. The fee shall be established by ordinance and may be found in the city's rules and regulations. (Code 1977, § 9-3052; Ord. No. 2001-22, § 1, 3-14-01)
§ 138-77
Engineering and inspection fees for improvements by owner or developer.
Sec. 138-77. Engineering and inspection fees for improvements by owner or developer.
When any owner of property or developer thereof shall install any public improvement, such as the grading and paving of streets, sidewalks, the installation of curbs and combination curbs and gutters, either by such owner or developer or by any duly authorized contractor, the contractor or the owner or developer of those properties causing the work to be done shall pay to the city, in advance of construction, a fee for inspection and engineering services as provided by ordinance. (Code 1977, § 9-3053; Ord. No. 2001-22, § 1, 3-14-01)
Secs. 138-78—138-80. Reserved.
DIVISION 2. STREETS
§ 138-81
Notice to contractor and public utilities of paving.
Sec. 138-81. Notice to contractor and public utilities of paving.
(a)Definition. As used in this section, the term "public utility" includes power, gas, light, telephone, CATV and telegraph corporations and such others as may operate like public services and also includes the department of watershed management.
(b)Notice to contractor that street is ready for paving. The commissioner of transportation shall notify the contractor to whom a street paving contract has been awarded that the street is ready for paving under the contract. After the notice has been given the contractor, it shall be unlawful for any person to make any opening of any kind in the street, without the written joint consent of the contractor and the commissioner of transportation.
(c)Notice to public utilities. At least 60 days prior to commencing of paving, the commissioner of transportation shall notify public utilities and all other persons that have a 24-month plan on file as of the date that the street will be paved, and if any public utility so notified is unable to complete any of its work in the street within 30 days from this notice, the commissioner of transportation shall be notified in writing by the public utility, whereupon the commissioner may, at the commissioner's discretion, delay the sending of the notice to commence paving. (Code 1977, § 9-3057; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 36, 6-2320)
§ 138-82
Closing of streets during
Sec. 138-82. Closing of streets during paving operations.
(a)Authority, duties of commissioner. For paving or repaving a street, construction of a bridge or any other work, the commissioner of transportation shall be authorized to close the street or part of the street from the time the work is started until, in the commissioner's judgment, the street is suitable for ordinary traffic thereon. If there is any dispute as to the time when the pavement is sufficiently set or hardened or otherwise has become fit for travel, the decision of the commissioner of transportation shall be final. The commissioner of transportation shall see that this section is enforced, both as to the erection of barriers or enclosures and as to travel on the street by vehicles or otherwise during the time prohibited. The commissioner of transportation shall notify the police chief, fire chief, Grady Memorial Hospital, the Metropolitan Atlanta Rapid Transit Authority and persons named by the mayor or the mayor's designee of the date and time street will be closed.
(b)Violation. Any person interfering with the street closing or undertaking to operate a vehicle or otherwise travel upon a street closed by authority of the commissioner of transportation before the enclosures have been removed therefrom and the street opened for travel shall be deemed guilty of an offense and shall be punished as provided in the penalty section of this chapter. (Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 202032(20-O-1379), § 37, 6-23-20)
§ 138-83
Closing of streets during construction of bridges, viaducts and similar structures.
Sec. 138-83. Closing of streets during construction of bridges, viaducts and similar structures.
Whenever the city, a public utility or a railroad undertakes work such as the construction of bridges, viaducts or the like, which necessitates the use of a roadway for the erection of such public work, all streets and sidewalks affected by these works shall be closed. The commissioner of transportation shall have power to keep any portions of those streets and sidewalks open temporarily where necessary to ensure public safety, but any permits to allow any portions of those streets or sidewalks to be kept open temporarily shall be subject to be revoked at any time in the discretion of the commissioner of transportation. (Code 1977, § 9-3059; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 38, 6-2320)
§ 138-84
Traffic calming devices— Installation.
Sec. 138-84. Traffic calming devices— Installation.
(a)The commissioner of the department of transportation may install or remove traffic calming measures as defined below in section 13884(b)(1) consistent with City Code section 138-3 which assigns authority to regulate activities in the public right-of-way to the commissioner of the department of transportation.
(b)The following words, terms and phrases, when used in this section and in section 138-85, shall have the meanings ascribed to them in this subsection except when the context requires otherwise:
(1)Traffic calming measure means a roadway feature such as speed tables, speed cushions, traffic circles and other measures implemented to reduce vehicular speed.
(2)Street segment means a portion of a street within the city located between any two intersecting streets.
(3)Study area means one or more street segments located within the proposed traffic calming area. Adjacent street segments may be included in the study area where traffic diversion is deemed likely.
(4)Vertical traffic calming measures means measures which create variations in pavement height along a vehicle travel path.
(5)Ancillary signs and markings means appropriate signs and pavement markings associated with Traffic Calming based on the Manual on Uniform Traffic Control Measures, MUTCD and supplemented by state and local practice.
(6)COA Traffic Calming Policy is a guideline document to be created and updated to reflect standard operating procedures and industry best practices inclusive of NACTO, FHWA and ITE.
(7)NACTO speed management treatments refer to design guides from the National Association of City Transportation Officials
(8)Traffic Calming ePrimer means the free, online resource provided by the Federal Highway Authority, <https://safety.fhwa.dot.gov/speedmgt/traffic calm.cfm>
(9)Traffic Calming Fact Sheets mean the online documents hosted by the Institute of Transportation Engineers, ITE, May 2018 Update and subsequent revisions. <https://www.ite.org/technical-resources/ traffic-calming/traffic-calmingmeasures/>
(c)The department of transportation shall be responsible for the development, maintenance, and administration of the COA Traffic Calming Policy to include:
(1)Annual prioritization method(s)
(2)Appropriate use of Traffic Calming measures by street classification based on best practices, such as the guidance as provided in Traffic Calming ePrimer 3.1 Applicability and Acceptability of Individual Traffic Calming Measures.
(3)The affected neighborhood planning unit and the police and fire departments shall be notified and given the opportunity to comment on the propriety of installing traffic calming measures in the study area.
(4)All utility companies and other companies that have franchise agreements with the city shall be contacted to determine whether any work in the public right-ofway is planned in the study area.
(5)Process and agreement by which organizations such as Community Improvement Districts (CID), Universities and neighborhood/community organizations may partner with the city to install traffic calming within their jurisdiction
(6)A public information plan which provides for comments from the public.
(7)The traffic calming installation policy shall be consistent with standard operating procedures adopted by the department of transportation and contained in the Right-of-Way Manual.
(Ord. No. 1995-03, § 9-3061, 2-14-95; Ord. No. 1997-46, §§ 1, 2, 8-25-97; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2003-15, § 1, 3-11-03; Ord. No. 2012-21(12-O-0695), § 1, 5-30-12; Ord. No. 202032(20-O-1379), § 39, 6-23-20; 2021-33(21-O0405), § 1, 7-14-21)
§ 138-85
Traffic calming devices— Removal.
Sec. 138-85. Traffic calming devices— Removal.
(a)Speed tables or speed cushions that were installed in accordance with 138-84(e) on a street segment may be removed at the request of property owners if all of the following conditions are met:
(1)Seventy-five percent of property owners within the street segment where the traffic calming measures are installed must, via formal petition, request their removal.
(2)The speed traffic calming measures have been in place no less than two years.
(3)The property owners are made aware that speeds will increase upon removal of the traffic calming measures.
(4)The property owners agree to pay all costs associated with such removal.
(5)The department of transportation agrees that removal of the traffic calming measures will not negatively affect public safety.
(b)The removal of all other traffic calming measures are solely at the discretion the transportation commissioner consistent with City Code section 138-3 which assigns authority to regulate activities in the public right-of-way to the commissioner of transportation. (Ord. No. 1995-3, § 9-3062, 2-14-95; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2012-21(12-O0695), § 2, 5-30-12; Ord. No. 2020-32(20-O1379), § 40, 6-23-20; 2021-33(21-O-0405), § 2, 7-14-21)
Secs. 138-86—138-95. Reserved.
DIVISION 3. SIDEWALKS, CURBS, CURBS AND GUTTERS AND DRIVEWAYS
§ 138-96
Schedule of charges for construction or repair.
Sec. 138-96. Schedule of charges for construction or repair.
The commissioner of transportation shall maintain a schedule of charges for sidewalks, curbing or driveway aprons constructed or repaired by the city which may be revised from time to time by the commissioner of transportation, subject to council approval, and which shall be available for public inspection during normal business hours. (Code 1977, § 9-3091; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 41, 6-2320)
§ 138-97
Construction of sidewalks, driveways and curbs in multifamily residential, commercial and industrial zoning districts.
Sec. 138-97. Construction of sidewalks, driveways and curbs in multifamily residential, commercial and industrial zoning districts.
(a)Before any building permit shall be issued for the construction of any structure on property within any planned development-housing (PD-H) district or any zoning district which permits multifamily residential, commercial or industrial uses, the owner shall agree to construct or have constructed sidewalks, driveways and curbs on all public streets within and abutting the property. This subsection does not apply to property already having such improvements in a condition satisfactory to the commissioner of transportation. Failure to construct these improvements shall be grounds for denial of occupancy or use of the improvements constructed on the property. The director, bureau of buildings shall not issue an occupancy permit until the improvements are made. The plans and specifications for the sidewalks, driveways and curbs shall be submitted to and approved by the commissioner of transportation prior to the issuance of the building permit.
(b)The requirements of subsection (a) of this section may be waived by the commissioner of transportation upon a showing by the applicant of sufficient evidence that the proposed work includes only site improvements and no new construction of new occupiable space.
(c)The commissioner of transportation, in the commissioner's discretion, require the installation of curbs on property exempted pursuant to subsection (b) of this section in conformance with city standards if such is required for proper storm drainage on the abutting or adjacent properties. (Code 1977, § 9-3092; Ord. No. 1996-28, § 1, 5-28-96; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 42, 6-23-20)
§ 138-98
Constructing sidewalks, driveways and curbs by private contractors.
Sec. 138-98. Constructing sidewalks, driveways and curbs by private contractors.
(a)Private contractors may be permitted to lower curbs and construct sidewalks and curbs and driveways across sidewalks in the city subject to the following conditions:
(1)License required. The contractor shall hold a business license from the city.
(2)Permit required. The contractor shall obtain a permit from the commissioner of transportation to construct the sidewalks, driveways and curbs.
(3)Standards. All work performed under the permit shall be in accordance with plans and specifications approved by the commissioner of transportation, and such sidewalks, driveways and curbs shall be constructed only in accordance with the established lines and grades of the city.
(4)Inspection required. Whenever any contractor holding a permit authorized by this section shall desire to pour any sidewalks, driveways and curbs, the contractor shall notify the commissioner of public works of the contractor's readiness and desire to do so, whereupon it shall be the duty of the commissioner of transportation, as soon thereafter as is practical, to send an inspector of the department of transportation to inspect the work, and no work shall be poured except on approval of the commissioner.
(5)Insurance. All contractors constructing driveways, sidewalks and curbs shall carry insurance which will protect the city and its officers, agents and employees from all claims for personal injury and property damage arising out of the construction of the sidewalks, driveways and curbs. The insurance shall be in an amount and shall provide such coverage as determined by the city's risk manager after consultation with the commissioner of transportation. The insurance shall indemnify and hold harmless the city and its officers, agents and employees against all claims resulting from injuries to persons or property damage for a period beginning on the date of the commencement of any work being performed by the contractor and continuing for 30 days after the completion of the work by the contractor. Presentation and delivery of the policy of insurance or appropriate certificate thereof to the commissioner of transportation shall be a condition precedent to the issuance of any permit for the work.
(6)Charge for permit. The charge for the permit required by this section shall be fixed by the council, and the sum shall be paid to the department of transportation at the time of the issuance of any permit under this section.
(Code 1977, § 9-3093; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 43, 6-2320)
§ 138-99
Permit required for construction of driveways or sidewalks on streets.
Sec. 138-99. Permit required for construction of driveways or sidewalks on streets.
It shall be unlawful for any person to construct any driveway or sidewalk on any street without first having obtained a permit from the commissioner of public works. If any person without first obtaining the permit should construct a driveway or sidewalk on any street, then the person shall be in violation of this Code, and the commissioner of transportation shall be authorized to condemn the driveway or sidewalk and have it removed and replaced at the expense of the owner of the property, the owner being notified of this action prior to construction. (Code 1977, § 9-3094; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 44, 6-2320)
§ 138-100
Notice to abutting property owners prior to construction of sidewalks.
Sec. 138-100. Notice to abutting property owners prior to construction of sidewalks.
Except for a single-property request for the construction of a sidewalk, it shall be the duty of the commissioner of transportation to give all abutting property owners written notice prior to construction of any sidewalk abutting their property. (Code 1977, § 9-3095; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 45, 6-2320)
§ 138-101
Additional standards for replacement or reconstruction of sidewalks in certain districts and areas.
Sec. 138-101. Additional standards for replacement or reconstruction of sidewalks in certain districts and areas.
(a)Applicable districts and areas. This section shall apply in the following districts and areas:
(1)Any landmark district, except for the M. L. King, Jr. Landmark District. This exemption does not apply to the Auburn Avenue Streetscape improvements which were installed for the 1996 Olympics.
(2)Any historic district.
(3)Any urban conservation district which existed prior to 1991, as so defined by the Urban Design Commission, except for the Candler Park Urban Conservation District.
(4)Reserved.
(b)Existing standard sidewalks. In any of the districts or areas listed in subsection (a) of this section where replacement or reconstruction of the standard sidewalk is deemed necessary, the standard sidewalk shall be replaced or reconstructed with hexagonal pavers or a standard sidewalk inlaid with an 18-inch diameter hexagonal imprint. This shall be considered a standard sidewalk replacement in such circumstances in such districts and areas. All such sidewalks shall be constructed in accordance with the plans and specifications approved by the commissioner of transportation and in accordance with established lines and grades of the city.
(c)Existing sidewalks constructed of hexagonal pavers or inlaid with hexagonal imprint. In any of the districts or areas listed in subsection (a) of this section, a sidewalk constructed of hexagonal pavers or a standard sidewalk inlaid with a hexagonal imprint shall only be replaced or reconstructed with material of equal or better quality and similar in design to the original. Hexagonal pavers may be replaced with hexagonal pavers or a standard sidewalk inlaid with an 18-inch diameter hexagonal imprint. This shall be considered a standard sidewalk replacement in such circumstances in such districts. All such sidewalks shall be constructed in accordance with the plans and specifications approved by the commissioner of transportation and in accordance with established lines and grades of the city. (Code 1977, § 9-3096; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2001-61, §§ 1—3, 8-15-01; Ord. No. 2020-32(20-O-1379), § 46, 6-23-20)
§ 138-102
Additional standards for limited local residential streets in new subdivisions.
Sec. 138-102. Additional standards for limited local residential streets in new subdivisions.
(a)Standards of construction for limited local residential streets in new subdivisions are as follows:
(1)The width of the street as measured from face of curb to face of curb shall be 28 feet.
(2)The pavement section shall meet the following minimum requirements:
a.All natural ground under fill or base shall be scarified to a depth of not less than six inches and recompacted to 90 percent of maximum density at optimum moisture content as determined by the modified Proctor method in accordance with ASTM D-1557.
b.The crushed aggregate base course shall conform to the requirements of the department of transportation construction specification, current edition, and the crushed aggregate base course shall be a minimum thickness of six inches.
c.The asphalt concrete base and top shall conform to the requirements of the department of transportation construction specifications, current edition, and the asphalt concrete base course and top course shall be a minimum total thickness of four inches.
(3)The standards of the department of public works are amended to include a curb and gutter cross section having the dimensions of six inches thick by 24 inches wide with a curb six inches high, materials and workmanship conforming to the standards of the department of transportation, subject to the following:
a.Pending the adoption of a revised standard by the city, by the department of transportation and, where applicable, the owner shall agree to install a modified grate and frame compatible with the reduced gutter width provided for in this section. The type, style, thickness, weight and other mechanical properties of such grate and frame, as well as modifications that may be required of existing standard basins permitted, shall be subject to the approval of the commissioner of transportation or the commissioner's authorized agent.
(4)On limited local residential streets in proposed new subdivisions, the owner shall agree to dedicate to the use of the public forever a nine-foot wide utility easement on either side and abutting the right-of-way of the limited local residential street, including around the bulb of any cul-de-sac which is a part thereof, the purpose of such dedication being to install traffic signs, fire hydrants, gas, water, sewer mains, related appurtenances and public sidewalks as provided for in this section. On all limited local residential streets, the sidewalk may be installed by petition of the abutting property owner or, when in the opinion of the commissioner of transportation it is necessary, by any other means provided in this section.
(5)On limited local residential streets and higher classification streets in proposed new subdivisions permitted under this section, the owner shall agree to install the full roadway prism in accordance with the standards of the department of transportation and the governing sections of this Code or other ordinances of the city. The roadway cross section to be developed will extend from the right-ofway line or utility easement line to the right-of-way line or utility easement line, whichever distance is greater. Cuts and fills employed to construct the roadway prism to the limits specified shall be two feet horizontal to one foot vertical rise, which, in the case of cut slopes and at the discretion of the commissioner of public works for unusual difficulty or hardship, may be reduced to 11 feet horizontal to one foot vertical rise.
(6)On limited local residential streets and higher classification streets in proposed new subdivisions permitted under this section, where such new or existing street has a proposed intersecting street or is a through street serving other subdivisions or areas and on looped limited local residential streets, the owner shall agree to install a minimum five-foot wide by four-inch thick concrete sidewalk, with the back of the sidewalk being located at the right-of-way line or at the most far removed utility easement line, whichever distance from the centerline of the street is greater, with the exception that the owner will not be required to install sidewalks around the bulb of the cul-desac of a proposed street classified as limited local residential.
(Code 1977, § 9-3097; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2020-32(20-O-1379), § 47, 6-2320)
Land Development Code References—Subdivision design standards, § 15-08.001 et seq.; required improvements in subdivisions, § 15-09.001 et seq.
Sec. 138-102.1 Negotiated traditional neighborhood development (NTND).
(a)Intent. The following street design standards, called the NTND Street Standards, are to be utilized by the City of Atlanta as optional street standards for new developments meeting the definition of a negotiated traditional neighborhood development (NTND). The primary purpose of these NTND streets is to create places that will be safe, pleasant, and useful for pedestrians and bicyclists. Providing mobility for cars and occasionally trucks is a secondary purpose. In general, NTND streets are narrow streets with low traffic speeds and low traffic volumes, designed naturally to slow traffic without the need for bumps, humps, or bulb-outs. NTND streets often are designed to require some degree of "slow flow" whereby cars must slow or even stop intermittently to allow oncoming traffic to pass.
Users of these standards are reminded that the street design regulations apply to communities and locations that conform to design features cited above. These NTND streets are not intended to carry large volumes of through traffic, and an adequate, separate system of arterial roadways is necessary to serve higher volumes and long distance travel.
(b)Definition, negotiated traditional neighborhood development. A development using the NTND Street Standards shall be required to receive approval from the commissioner of the department city planning to ensure that the development is consistent with all of the following guidelines.
(1)The NTND shall be compact and pedestrian-friendly.
(2)The NTND shall contain at least eight acres of property.
(3)The NTND shall contain at least two land uses, including residential and commercial and/or office.
(4)The NTND shall contain at least one internal public street.
(5)Streets shall interconnect to form a grid or web-like pattern, rather than a dendritic (tree-like) pattern.
(6)The street network of the NTND shall connect to the existing public street network [at] at least two points.
(7)Within the gross area of the residential component of the NTND, residential unit density shall exceed six units per acre.
(8)The NTND shall contain at least 5,000 square feet of non-residential floor area, of which no less than 2,000 square feet shall be used for retail uses including eating and drinking establishments.
(9)A park that is accessible to the general public and is at least one-eighth acre in size shall be provided within 2,000 feet, as measured in a straight line from property line to property line, of all residences.
(10)Garages shall not be located closer to the adjacent public or private street than the principal building.
(11)Sidewalks or pedestrian access shall be provided along all streets within the NTND.
(c)Applicability requirements.
(1)A development using the NTND Street Standards must receive approval from the commissioner of the department city planning and the commissioner of transportation that it meets the definition of a negotiated traditional neighborhood development.
(2)Streets for which these standards are applied must have posted speeds no greater than 25 m.p.h.
(3)Maximum street grades shall not exceed 11 percent.
(d)General Conditions.
(1)On-street parking is allowed on one or both sides of a street. Such parking permission depends on the type and size of the street, as outlined in the following sections. Certain streets as herein designated require specific approval of the City of Atlanta Fire Department.
(2)On residential streets where the primary function of the street is to provide access to adjacent development and foster a safe and pleasant environment, at least one unobstructed moving lane of not less than 12 feet must be ensured even where parking occurs on both sides. On-street parallel parking lane widths are assumed to be not less than seven feet in width for purposes of calculating street sections.
(3)Street lanes, including bicycle lanes, should not be striped.
(4)Header curbs are required to be used to maximize pavement area and improve street appearance.
(5)Streets that are within 1500 feet of a neighborhood collector or arterial street are not required to accommodate largescale, public transit vehicles.
(6)Special provisions are required to accommodate emergency, sanitation, and other special vehicular access. These provisions depend on the type and size of the street, as outlined in the following sections.
(7)Curb ramps shall be designed to meet ADA requirements and shall include a top and bottom landing of at least 48" in length and 36" in width. Maximum slope of 1:12 and maximum cross slope of 1:50 are permitted.
(8)Driveway aprons shall end at the sidewalk clear zone and be limited to the street furniture/tree planting zone. Driveway aprons shall have a slope of between 1:10 and 1:13. A minimum of 36" of landing area at sidewalk shall be required and sidewalk may be partially dropped to prevent apron from exceeding 1:13 slope.
(9)Block lengths shall be no greater than 600 feet. Stop signs may be placed within the NTND to ensure that automobiles travel no greater than 600 feet without interruption.
(10)Alleys must be privately owned and all drawings and plats issued for the NTND must contain an acknowledgement of that private ownership. Any improvements, maintenance and other similar actions to such alleys must be the responsibility of the private property owners.
(11)The physical curb radii for intersections within NTND and between NTND streets and non-NTND streets shall be as follows:
a.The physical curb radii for intersections of 20 feet wide streets without parking shall be 20 feet,
b.The physical curb radii for intersections of 27 feet wide streets with parking on one side shall be 15 feet with mountable curbs. Mountable curbs shall be designed in accordance with criteria established by the department of public works,
c.Physical curb radii for intersections of 34 feet wide streets with parking on two sides shall be 15 feet with mountable curbs. Mountable curbs shall be designed in accordance with criteria established by the department of public works,
d.For conditions a, b, and c above, the full street width of all streets shall extend to the intersection and parking shall not be allowed within 30 feet of each intersection.
(e)Street designations. The following street designations and design standards are applicable to negotiated transitional neighborhoods development:
(1)Type 2-C: Two-way street with no parking may be designed as follows:
a.Curb to curb street sections permitted: 20 feet.
b.Special provision required:
1.To provide maximum vehicular space, there shall be no solid obstructions (includes trees, poles, etc.) within 18" of the face of curb on both sides of the street.
(2)Type 2-D: Two-way street with parking on one side only may be designed as follows:
a.Curb to curb street sections permitted: 27 feet.
1.Special provision required: i. To provide maximum vehicular space, there shall be no solid obstructions (includes trees, poles, etc.) within 18" of the face of curb on both sides of the street.
(3)Type 2-E: Two-way street with parking on both sides may be designed as follows:
a.Curb to curb street sections permitted: 34 feet.
b.Special provision required:
1.To provide maximum vehicular space, there shall be no solid obstructions (includes trees, poles, etc.) within 18" of the face of curb on both sides of the street.
(Ord. No. 2018-04(18-O-0602), § 1, 7-9-02; Ord. No. 2020-32(20-O-1379), § 48, 6-23-20)
§ 138-103
Reserved.
Sec. 138-103. Reserved.
Editor’s note—Ord. No. 2020-32(20-O-1379), § 49, adopted June 23, 2020, repealed § 138-103, which pertained to inspection and repair of sidewalks and derived from Ord. No. 1996-26, 5-28-96; Ord. No. 2001-22, § 1, 3-14-01; Ord. No. 2015-40(14-O-1361), §§ 3, 4, 7-29-15.
Secs. 138-104—138-125. Reserved.
ARTICLE V. TELECOMMUNICATIONS FRANCHISES AND REVOCABLE LICENSES* *Editor’s note—Ord. No. 2001-22, § 2, adopted March 14, 2001, amended article V in its entirety to read as herein set out. Formerly said article pertained to publication vending devices as related to streets, sidewalks and other public places. See the Code Comparative Table.
To the extent permitted by law, the city may determine to apply all or certain provisions of this ordinance [Ord. No. 2001-22] to agreements, franchises, and licenses existing on the effective date of this ordinance [March 5, 2001]. This DIVISION 1. DEFINITIONS
§ 138-126
Definitions.
Sec. 138-126. Definitions.
For purposes of this article, the following terms, phrases, words and their derivations shall have the meanings set forth in this section, unless the context clearly indicates that another meaning is intended.
Affiliated person means such person who falls into one or more of the following categories: (i) each person having directly or indirectly, a controlling interest in the applicant or franchisee; (ii) each person in which the applicant or franchisee has, directly or indirectly, a controlling interest; (iii) each officer, director, joint venturer or joint venture partner, of the applicant or franchisee; and (iv) each person, directly or indirectly, controlling, controlled by, or under common control with the applicant or franchisee; provided that "affiliated person" shall in no event mean the city or any creditor of the applicant solely by virtue of its status as a creditor and which is not otherwise an affiliated person by reason of owning a controlling interest in, being owned by, or being under common ownership, common management or common control with, the applicant or franchisee.
Applicant means any person seeking to obtain a franchise or revocable license pursuant to this article.
Cable services means "cable services" as defined in the Communications Act of 1934, as amended by the Cable Communications Policy Act of 1984, the Cable Television Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996 and as may be further amended from time to time (the "Cable Act"). In the event that "cable services" is no longer defined in the Cable Act or the definition in the Cable Act otherwise becomes inapplicable, "cable services" shall mean "cable services" as defined in the Cable Act immediately prior to such term no longer being defined in the Cable Act or such definition otherwise becoming inapplicable.
ordinance shall apply to all telecommunications providers, persons seeking to use the streets in the manner described in section 138-127 herein, and franchisees, permittees, and licensees after its adoption.
Control or controlling interest means actual working control in whatever manner exercised, including, without limitation, working control through ownership, management, debt instruments or negative control, as the case may be, of the applicant or the equipment in the streets. A rebuttable presumption of the existence of control or a controlling interest shall arise from the beneficial ownership, directly or indirectly, by any person, or group of persons acting in concert, of more than five percent of any person (which person or group of persons is hereinafter referred to as "controlling person"). "Control" or "controlling interest" as used herein may be held simultaneously by more than one person or group of persons.
Equipment means any and all transmission facilities, poles, wires, electrical conductors, fiber, conduits, subways, manholes, fixtures, appliances and appurtenances that are used in connection with the provision of telecommunications services.
Franchise means an initial authorization, or renewal thereof, issued by the city in accordance with the provisions of this article, which authorizes the occupation and use of the streets to construct, install, operate, upgrade, repair, maintain, and remove equipment used to provide telecommunications services upon, along, over and under the streets. A franchise does not guarantee the universal use of the right-of-way. Each sitespecific use of the right-of-way shall be assessed during the permit application process for that particular site.
Franchisee means a person which is party to a franchise issued by the city.
Gross revenues means all revenue that is received, directly or indirectly by the franchisee with facilities in the right-of-way, from or in connection with the provision of telecommunication services over the franchisee's telecommunications system in the established corporate limits of the city; provided that gross revenue shall not include any fees or any sales or excise taxes collected for direct pass-through to any entity with facilities in the right-of-way other than an affiliated person, including any local, state or federal government, and further provided that gross revenue shall not include any revenue generated by the rental, lease, sale, or other use of a franchisee's facilities by a person who is also a franchisee.
Peachtree Corridor means those commercial areas in the City of Atlanta known as Midtown, Downtown, and Buckhead and which are more specifically defined in the handbook of the department of transportation.
Revocable license means an initial authorization or renewal thereof, issued by the city in accordance with the provisions of this article, which authorizes the limited occupation and use of specifically identified streets, provided that a revocable license shall be issued only in the limited circumstances set forth in sections 138127 and 138-135 of this article.
Revocable license fee means a payment for the fair and reasonable compensation for the use of the city's right-of-way in providing telecommunication services. This fee shall not include fees associated with any other license agreement with the city.
Telecommunications means the transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.
Telecommunications franchise fee means a payment of for the fair and reasonable compensation for the use of the city's right-of-way in providing telecommunication services. This fee shall not include fees associated with any other franchise agreement with the city.
Telecommunications provider means any person who:
(1)Owns, constructs, operates or maintains equipment in the streets used to provide telecommunications services regardless of whether such telecommunications services originate or terminate in the city; or
(2)Provides telecommunications services that originate or terminate in the city by means of:
a.Specifically identifiable equipment in the streets, which equipment is owned by such person or made available to such person under a lease or any other arrangement for a period longer than 120 days; or
b.Equipment in the streets if the use of such equipment is continuing and substantial, and the city has determined that it is necessary and appropriate to impose the requirements of this chapter in order to preserve the application of this article on a competitively neutral and nondiscriminatory basis consistent with applicable law.
Telecommunications services means the offering of telecommunications for a fee directly to the public, or to resellers or other such classes of users as to be effectively available directly to the public, regardless of the facilities used. The term "telecommunications services" shall not include cable services.
Telecommunications system means the plant, equipment, real property (including interests in real property), tangible and intangible personal property, buildings, offices, furniture, customer lists, cable, wires, optical fibers, amplifiers, antenna, switches, and all other electronic devices equipment and facilities used to provide telecommunications services.
Utility easement means any easement owned by the city and acquired, established, dedicated, or devoted for public utility purposes not inconsistent with telecommunications facilities.
Universal access provider means a local exchange company that is obligated to provide basic local exchange service in Atlanta in response to reasonable requests for such service. (Ord. No. 2001-22, § 2, 3-14-01; Ord. No. 202032(20-O-1379), § 50, 6-23-20)
DIVISION 2. GRANTING AUTHORITY AND FRANCHISING PROCEDURE
§ 138-127
Granting authority.
Sec. 138-127. Granting authority.
(a)It shall be unlawful for any person to use or occupy the streets as a telecommunications provider, or construct, operate or maintain equipment in the streets used to provide telecommunications services, without a franchise or revocable license granted in accordance with the provisions of this article. A franchise may be granted for all or any defined portion of the city. A revocable license is granted only for a specified portion of (a) particular street(s). Franchises and revocable licenses are not required for telecommunications providers that do not construct, operate, or maintain equipment in the streets.
(b)It shall be unlawful for any person seeking to use the streets to construct, operate or maintain equipment to provide telecommunications for or in connection with the internal operations of such person's business, residence or employment and not for or in connection with the provision or offering of telecommunications services for sale or resale to any person in the city, without first obtaining a revocable license in accordance with the provisions found in sections 138-129 and 138-135 of this article. A revocable license is intended to be a limited grant of authority to use and occupy specifically identified streets to provide telecommunications and shall be granted only if:
(1)The use or occupation of such streets, together with all revocable licenses previously granted to such person and affiliated persons, shall not exceed 500 linear feet; and
(2)The use or occupation of such streets does not involve:
a.The offering or provision of telecommunications services to or from any person in the city; or
b.The origination or termination of any telecommunications service to or from any person in the city. In determining whether the provisions of clause (2) of this section 138-127 are satisfied, the city may consider whether it is necessary or appropriate to require a license or franchise to preserve the application of this article on a competitively neutral and non-discriminatory basis consistent with applicable law.
(c)The city council may grant one or more franchises and revocable licenses in accordance with this article, provided that the city council reserves the right to modify any provision of this article by amendment hereof.
(d)The grant of any franchise or revocable license shall be made by adoption of a separate ordinance by the city council and shall be on such terms and conditions as shall be specified in said separate ordinance and/or a franchise or license agreement between the city and the franchisee or licensee.
(e)Any franchise or revocable license granted shall be nonexclusive. The city specifically reserves the right to grant, at any time, such additional franchises, revocable licenses or other authorizations for use of the streets by any means, as the city deems appropriate.
(f)A franchise or revocable license granted in accordance with the provisions of this article shall not be construed to grant any rights or authorization to provide cable services in the city, and any person seeking to provide cable services in the city shall first obtain a separate franchise in accordance with the City of Atlanta Cable Communications Ordinance, 94-0-1777.
(g)In the event an application for a revocable license would cause a telecommunications provider to exceed the limits established in section 138127, or fail to comply with the requirements therein, then such telecommunications provider must apply for a franchise in accordance with the provisions of this article, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted. It shall be unlawful to provide service pursuant to a revocable license where the licensee exceeds the limitations or fails to meet the requirements contained in section 138-27(g).
(h)Compensation. It is the purpose of this section to fix a fair and reasonable compensation to be paid for the use of the city's rights-of-way.
(1)Measure of compensation—Telecommunication franchisees and revocable licensees shall pay the city an annual franchise fee equal to three percent of the franchisee's annual gross revenue provided that a telecommunications franchisee or revocable licensee shall not be required to pay more than $11,000,000.00 in telephony franchise fees for the reasonable use and occupancy of the rights-of-way. The $11,000,000.00 cap will be increased annually at the anniversary date of the execution of the agreement by the rate of inflation Which will be measured by the percentage change in the gross domestic product-price index "GDP PI"), which is the gross domestic product fixed weight price index calculated by the United States Department of Commerce. In addition, in any calendar year that telecommunication franchisee's or revocable licensee's gross revenue does not exceed $500,000.00, the telephony franchisee fee shall be $15,000.00 per year.
(2)Where a request is made for a determination that ascertaining the amount of gross revenue of a particular franchisee or licensee is impossible, upon such determination the requesting party shall pay compensation to the city at a rate of $8.00 per linear foot for the use of the right-of-way within the Peachtree Corridor, and $2.00 per linear foot for the use of the right-of-way outside the Peachtree Corridor. Such impossibility shall be determined by an auditor and other professionals selected by the city and paid for by the requestor, and as used above, the term impossible shall not mean inconvenient or difficult for the franchisee or licensee, but instead, shall mean that gross revenue is truly incapable of calculation.
(3)The measure of compensation for equipment installed for private use only, which is not used to provide telecommunications services or facilities to end-users or other third parties, shall be $1,000.00 per year.
(4)Such fees represent the fair and reasonable compensation to be paid for the use of the city's public rights-of-way.
(5)Certification and payment of fees. Fees shall be paid on a quarterly basis for the prior quarter, and shall be due on April 1, July 1, October 1, and the first business day of January of each year. Projections from the prior year shall be adjusted in the first quarter in the following year. On or before each quarterly payment date, all franchisees shall provide a certificate, signed and attested to by appropriate corporate officers or authorized corporate representative which verifies the franchisee's gross revenue for the prior quarter.
(6)Quarterly reports. On or before each quarterly payment date, each telecommunications franchisee and revocable licensee shall submit a quarterly report to the mayor's office of telecommunication to indicate reasonable documentation of the accuracy of the franchise fees or license fees paid.
(7)Inspection and audit. Each franchisee shall submit a certificate on a quarterly basis verifying and reporting its gross revenue to the city. The city reserves the right to audit or review the accuracy of the reports submitted for the purpose of insuring compliance with this article. Such audits or reviews shall be conducted by an auditor chosen by the city. In cases where the franchisee has failed to submit a certificate verifying gross revenue for two consecutive quarters the costs of such audit shall be borne by the franchisee. In addition, should cases where the audit or review reveals an understatement of' gross revenue more than five percent by the franchisee, all reasonable costs and expenses of such audit or review shall be borne by the franchisee and the franchisee shall make full payment of the relevant obligation, including interest at the legal rate set forth in O.C.G.A. Section 7-4-2.
Provided further that if, as a result of any audit or review conducted by the franchisee, it is determined that the franchisee has overpaid franchise fees to the city, then the city shall make full refund of the overpayment, including interest at the legal rate set forth in O.C.G.A. Section 7-4-2, which may be in the form of a credit on future franchise fees, and the city has received an underpayment of franchise fees, city shall receive the legal rate of' interest on all such underpayments.
(8)In the event the franchise fee is passed through by a telecommunications provider to the citizens of Atlanta as a cost of providing service, such fees shall be labeled as City of Atlanta right-of-way franchise fee.
(i)Franchisee and revocable licensee shall report linear miles, linear feet, cable-run, and fiber-run miles, depth and width of all manholes and handholes for their use and occupancy in the right-of-way. (Ord. No. 2001-22, § 2, 3-14-01; Ord. No. 200182, §§ 1, 5—7, 11-13-01; Ord. No. 2003-72, §§ 4, 5, 6-8-03)
§ 138-128
Compliance with rules; licenses required.
Sec. 138-128. Compliance with rules; licenses required.
(a)Subject to the provisions of this article, the city may adopt rules, policies and requirements to carry out the purposes and provisions of this article. Each applicant, franchisee and licensee shall comply with such rules, policies and requirements.
(b)No person shall construct or install any equipment in the streets to provide telecommunications services without first obtaining such permits or other authorizations as may be required by the city. Such permits which may be required are described more particularly in article II of this chapter. Neither the fees paid in conjunction with obtaining such permits, nor any penalties imposed for the failure to obtain necessary permits or for any other purpose shall be construed as franchise fees nor shall they be used to set off franchise fees or additional permit fees owed by the franchisee or licensee. No permits or other authorizations for such construction or installation shall be issued prior to the granting of a franchise or a revocable license pursuant to this article or such other authorization as may be required by applicable law.
(c)No person shall construct or install equipment in the streets without clear identification of all construction maintenance sites, vehicles, metal plates, and other obstacles with the name and phone number of the franchisee or revocable licensee.
(d)The department of transportation may schedule monthly meetings with the franchisee and revocable licensee for the purpose of reviewing the as-built plans as required in section 138-65. Franchisees and licensees who seek to perform construction activity in the right-of-way shall be required to attend the meetings.
(e)Each day during which a franchisee or licensee is in violation of the permitting requirements shall constitute a separate violation.
(f)No permit shall be issued by the city pursuant to chapter 138 Code of Ordinances to any entity that is not a party to a current franchise agreement or revocable license agreement with the City of Atlanta, or is not current in the payment of any franchise fees, revocable license fees, or any other fees imposed pursuant to this chapter. (Ord. No. 2001-22, § 2, 3-14-01; Ord. No. 200198, § 1, 12-12-01; Ord. No. 2020-32(20-O-1379), § 51, 6-23-20)
§ 138-129
Submission of application for franchise or revocable license.
Sec. 138-129. Submission of application for franchise or revocable license.
(a)Applications for franchises and revocable licenses shall be submitted to the office of the mayor and shall be in such form and request such information as the mayor may determine, subject to applicable law.
(b)The mayor may require that an application contain the following information with respect to the proposed franchise or revocable license and such other information, documentation, and items with respect to the proposed franchise or revocable license as the mayor shall deem necessary or appropriate, consistent with applicable law:
(1)The name, address and telephone number of the person to be contacted concerning the application;
(2)A description of the telecommunications services proposed to be provided, including, without limitation, a description of facilities and equipment to be located within the streets;
(3)A description of the proposed franchise area or in the case of a revocable license, the specifically identified streets proposed to be used;
(4)A proposed construction schedule and sequence;
(5)An application fee, which shall consist of a one time non-refundable fee of $10,000.00 for franchise applicants and $5,000.00 for revocable license applicants;
(6)Indicia of ownership of the applicant and identification of all affiliated persons;
(7)A statement from the applicant that they will abide by all applicable laws; and
(8)Such other information as the mayor may determine to be necessary or appropriate to manage the public rightof-way and ensure compliance with this article, subject to applicable law.
(Ord. No. 2001-22, § 2, 3-14-01)
§ 138-130
Compliance with all legal requirements.
Sec. 138-130. Compliance with all legal requirements.
It shall be the responsibility of each applicant for a franchise or revocable license to comply with all applicable laws, ordinances, resolutions, rules, regulations and other directives of the city and any federal, state or local governmental authority having jurisdiction. (Ord. No. 2001-22, § 2, 3-14-01)
§ 138-131
Factors for review of application.
Sec. 138-131. Factors for review of application.
(a)In making any determination hereunder as to any application for a franchise or revocable license, the city may consider such factors as it deems appropriate and necessary to ensure proper management of the public right-of-way and compliance with this article, provided such factors are consistent with applicable law, including without limitation:
(1)The adequacy of the proposed compensation to be paid to the city;
(2)The ability of the applicant to maintain the property of the city in good condition throughout the term of the franchise or the revocable license;
(3)Any services or uses of the streets that may be precluded by the grant of the franchise or revocable license; and the adverse impact of the proposed franchise or revocable license on the efficient use of the streets at present and in the future;
(4)The willingness and ability of the applicant to meet construction and physical requirements and to abide by all lawful conditions, limitations, requirements and policies with respect to the franchise or the revocable license;
(5)The adequacy of the terms and conditions of the proposed franchise or revocable license agreement to protect the public interest, consistent with applicable law; and
(6)Any other factors or considerations that the city has a lawful right to consider and that are deemed pertinent by the city.
(Ord. No. 2001-22, § 2, 3-14-01)
§ 138-132
Procedure for consideration of and action on applications.
Sec. 138-132. Procedure for consideration of and action on applications.
(a)The city may make such investigations and take or authorize the taking of such other steps as the city deems necessary or appropriate to consider and act on applications for franchises and revocable licenses and determine whether a franchise or revocable license should be granted to an applicant, and may require the applicant to furnish additional information and data for this purpose.
(b)Consistent with applicable law, the city may develop and implement policies and requirements to ensure that the streets have sufficient capacity to reasonably accommodate existing and future uses in a rational and efficient manner. In evaluating an applicant for a franchise or revocable license, the city may consider an applicant's proposals for addressing capacity needs and compliance with city policies and requirements.
(c)Consistent with applicable law, upon completion of the steps deemed appropriate by the city, the city may grant or deny the franchise or revocable license, and may specify the conditions under which the franchise or revocable license is granted. If the application is denied, a written determination shall be prepared which shall include the reasons for denial. (Ord. No. 2001-22, § 2, 3-14-01)
§ 138-133
Agreement required.
Sec. 138-133. Agreement required.
If an application is complete and the applicant otherwise complies with applicable law, ordinances, resolutions, rules, regulations and other directives of the city, including the provisions of this article, the mayor shall enter into negotiations with the applicant to determine whether such applicant and the city are able to reach agreement on the terms of the proposed franchise or revocable license in accordance with section 138-134 and 138-135 of this article. The proposed agreement, the application, and such other information as the mayor determines is appropriate or may request shall be forwarded to the city council for its review and consideration. The city may reject any application which is incomplete or otherwise fails to comply with applicable law, ordinances, resolutions, rules, regulations and other directives of the city and any federal, state or local authority having jurisdiction. (Ord. No. 2001-22, § 2, 3-14-01)
§ 138-134
Terms and conditions of franchise.
Sec. 138-134. Terms and conditions of franchise.
(a)The terms and conditions applicable to any franchise granted pursuant to this article shall be set forth in the separate ordinance granting the franchise and/or in a separate written agreement. A franchise granted pursuant to this article shall not become effective until said separate ordinance becomes effective and any separate agreement is executed by both parties. Such separate ordinance or written agreement, among other things, shall address the following subjects:
(1)The term of the franchise which shall not exceed five years with the option of the city to renew for two additional one year terms:
(2)The franchise area and the telecommunications services to be offered;
(3)The compensation to be paid to the city;
(4)The circumstances upon which the franchise may be terminated or cancelled;
(5)The mechanisms, such as performance bonds, security funds or letters of credit, which shall be required to ensure the performance of the franchisee's obligations under the franchise;
(6)The city's right to inspect the facilities located in the right-of-way and records of the franchisee in order to ensure compliance with this article and the franchise;
(7)Insurance and indemnification requirements applicable to the franchisee;
(8)The obligation of the franchisee to maintain complete and accurate books of account and records of those matters pertinent to its obligations under the franchise, and the city's inspection rights with respect thereto;
(9)Provisions to ensure quality workmanship and construction methods;
(10)Provisions to ensure that the franchisee will comply with all applicable city, state and federal laws, regulations, rules and policies;
(11)Provisions to ensure adequate oversight of the franchisee by the city;
(12)Provisions to monitor changes in control of the franchisee and in the event the franchisee assigns, sells or otherwise disposes of the entirety of the rights and privileges in a franchise agreement, the assignee shall he obligated to negotiate an acceptable franchise agreement with the city.
(13)Remedies available to the city to protect the city's interest in the event of the franchisee's failure to comply with terms and conditions of the franchise;
(14)Provisions to ensure that the franchisee will obtain all necessary licenses and permits from, and comply with, all laws, regulations, rules and policies of any governmental body having jurisdiction over the franchisee, including the Federal Communications Commission;
(15)Provisions to ensure that the franchisee will protect the property of the city and the delivery of public services from damage or interruption of operations resulting from the construction, operation, maintenance, repair or removal of improvements related to the franchise;
(16)Provisions designed to minimize the extent to which the public use of the streets of the city are disrupted in connection with the construction of improvements relating to the franchise, including compliance with any coordinated construction schedules as may be established by the commissioner of the department of transportation; and
(17)Such other provisions as the city determines are necessary or appropriate in furtherance of this article and to effectively manage the public right-ofway, consistent with applicable law.
(Ord. No. 2001-22, § 2, 3-14-01; Ord. No. 200372, §§ 3, 7, 6-8-03; Ord. No. 2020-32(20-O-1379), § 52, 6-23-20)
§ 138-135
Terms and conditions of revocable license.
Sec. 138-135. Terms and conditions of revocable license.
(a)The terms and conditions applicable to any revocable license granted pursuant to this article shall be set forth in the separate ordinance granting the revocable license and/or in a separate written agreement. A revocable license granted pursuant to this article shall not become effective until the separate ordinance granting the license becomes effective and any separate written agreement is executed by both parties. Such separate ordinance and/or written agreement shall address the same subjects listed in section 138-129 of this article subject to the following limitations:
(1)The revocable license shall be for an initial term not to exceed five years from the date that the ordinance granting the revocable license becomes effective with the option of the city to renew not to exceed two additional one years;
(2)The revocable license shall be revocable at any time by the city for cause; and
(3)The revocable license, together with all revocable licenses previously granted to the applicant or affiliated persons, shall not authorize the occupation and use of more than 500 linear feet of specifically identified streets, unless the use or occupation of the streets does not involve the offering or provision of telecommunications services to any person in the city.
(b)In the event an application for a revocable license would cause a telecommunications provider to exceed or fail to comply with the limits specified in sections 138-127(b)(1) and section 138-135(a)(3). then such telecommunications provider must apply for a franchise in accordance with the provisions of this article, and the use of specifically identified streets pursuant to all previously granted revocable licenses shall thereafter be pursuant to and in accordance with any such franchise that may be granted. (Ord. No. 2001-22, § 2, 3-14-01)
§ 138-136
Renewal applications.
Sec. 138-136. Renewal applications.
(a)A franchisee or licensee that desires to renew its franchise or license under this article shall, not less than six months nor more than 12 months before expiration of the current franchise or license, file an application with the city for renewal of its franchise. Any information required pursuant to the specific agreement between the city and the franchisee or licensee. (Ord. No. 2001-22, § 2, 3-14-01)
§ 138-137
Renewal determinations.
Sec. 138-137. Renewal determinations.
(a)Upon receiving an application for renewal, the mayor may solicit comments from the relevant city departments and the public at large by undertaking the following:
(1)Notifying the commissioner of the department of transportation and any other relevant city department that the application has been filed. The departments may provide written comments regarding the past performance of the franchisee or licensee.
(2)Presenting the matter for public comment before the committee of purview.
(b)Within 120 days after receiving a complete application for renewal in accordance with section 138-136, infra, the mayor shall issue a written recommendation to city council recommending the grant or denial of the renewal application in whole or in part. If the renewal application is denied, the written determination shall include the reasons for nonrenewal. These reasons may involve the same as those considered in granting the original franchise or license, in addition to the applicant's compliance with the requirements of this chapter, and other chapters referenced herein, and with the terms of its franchise or revocable license. Comments from the public or from other city departments as described in section (a) above may serve as evidence of the franchisee or licensee's compliance or noncompliance. (Ord. No. 2001-22, § 2, 3-14-01; Ord. No. 202032(20-O-1379), § 53, 6-23-20)
§ 138-138
Obligation to cure as a condition of renewal.
Sec. 138-138. Obligation to cure as a condition of renewal.
No franchise or revocable license shall be renewed until any ongoing violations or defaults in the franchisee's or licensee's performance of the franchise or license, or of the requirements of this chapter or of other chapters referenced herein, have been cured, or until a plan detailing the corrective action to be taken by the franchisee has been approved by the mayor. (Ord. No. 2001-22, § 2, 3-14-01)
§ 138-139
Surety, security fund, and bonding requirements.
Sec. 138-139. Surety, security fund, and bonding requirements.
Each franchise and revocable license agreement shall contain surety, security fund, insurance, and bonding requirements that have been determined by the risk manager to be sufficient to protect the city from occurrences and omissions which may occur during the construction and maintenance activities conducted by the franchisee or licensee in the streets.
§ 138-140
Franchise fee for state or local issued cable or video franchise.
Sec. 138-140. Franchise fee for state or local issued cable or video franchise.
There shall be imposed a uniform franchise fee of five percent of the gross revenues on any cable or video franchisee from services provided within the City of Atlanta. (Ord. No. 2008-05(08-O-0192), § 1, 2-12-08)
§ 138-140.1
Authorized designee.
Sec. 138-140.1. Authorized designee.
The city hereby authorizes the commissioner of the department of transportation, upon receipt of notice to the city of its right to designate a franchise fee for an applicant for or holder of an existing state franchise, to provide written notice to the secretary of state and each applicant for or holder of a state franchise within a service area that is wholly or partially located within the city limits of the five percent franchise fee rate applicable to such applicant or holder of a state franchise. (Ord. No. 2008-05(08-O-0192), § 1, 2-12-08; Ord. No. 2020-32(20-O-1379), § 54, 6-23-20)
Secs. 138-141—138-160. Reserved.
DIVISION 3. GENERAL PROVISIONS
§ 138-161
Severability.
Sec. 138-161. Severability.
Nothing contained in this article shall be construed or operate to be more stringent than the conditions or requirements imposed by the Georgia Department of Transportation for utilities and similar service providers with facilities in the state rights-of-way. If any section, subsection, sentence, clause, phrase or other portion of this article is, for any reason, declared invalid, in whole or in part, by any court, agency, commission, legislative body or other authority of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion. Such declaration shall not affect the validity of the remaining portions hereof, which other portions shall continue in full force and effect. (Ord. No. 2001-22, § 2, 3-14-01)
§ 138-162
Coordination and interpretation.
Sec. 138-162. Coordination and interpretation.
In the coordination and interpretation of this article, the provisions of this article shall prevail over any conflicting provisions in the franchise agreement. In the coordination, interpretation, or enforcement of this article, whenever the singular, plural, masculine, feminine or neuter is employed, such references shall be deemed interchangeable whenever necessary to preserve the form and intent of this article. (Ord. No. 2001-22, § 2, 3-14-01)
§ 138-163
Amendments to article.
Sec. 138-163. Amendments to article.
Any franchises or revocable licenses issued pursuant to this article shall be subject to all amendments to this article effected during the term of the franchise or revocable license.
DIVISION 4. SMALL WIRELESS FACILITIES
§ 138-164
Purpose and compliance.
Sec. 138-164. Purpose and compliance.
(a)O.C.G.A. § 32-4-92(a)(10)/32-4-42(6) authorizes the City of Atlanta, Georgia (the "city") to establish reasonable regulations for the installation, construction, maintenance, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, traffic and other signals, and other equipment, facilities, or appliances in, on, along, over, or under the public roads of the city. Further, 47 U.S.C. § 253(c) proves that the city has authority to manage its public rights of way. Finally, the Georgia Streamlining Wireless Facilities and Antennas Act., O.C.G.A. Title 36, Chapter 66C (the "SWFAA"), addresses the placement of small wireless facilities in the public rights of way of the city.
(b)The city finds it is in the best interest of the city and its residents and businesses to establish requirements, specifications and reasonable conditions regarding placement of small wireless facilities, poles in the public rights-ofway. These requirements, specifications and conditions are adopted in order to protect the public health, safety and welfare of the residents and businesses of the city and to reasonably manage and protect the public rights-of-way and its uses in the city.
(c)The objective of this division is to (i) implement the SWFAA and (ii) ensure use of the public rights of way is consistent with the design, appearance and other features of nearby land uses, protect the integrity of historic, cultural and scenic resources and does not harm residents' quality of life. (Ord. No. 2019-47(19-O-1488), § 1, 9-12-19)
§ 138-165
Definitions.
Sec. 138-165. Definitions.
(a)Unless defined below, terms used in this division shall have the meanings given them in O.C.G.A. § 36-66C-2.
As used in this division, the following terms have the following meanings:
Antenna means: (i) communications equipment that transmits, receives, or transmits and receives electromagnetic radio frequency signals used in the provision of wireless services or other wireless communications; or (ii) communications equipment similar to equipment described in part (i) used for the transmission, reception, or transmission and reception of surface waves. Such term shall not include television broadcast antennas, antennas designed for amateur radio use, or satellite dishes for residential or household purposes.
Applicable Codes means uniform building fire, safety, electrical, plumbing, or mechanical codes adopted by a recognized national code organiza-tion to the extent such codes have been adopted by the State of Georgia or the city or are otherwise applicable in the city.
Applicant means any person that submits an application.
Application means a written request submitted by an applicant to the city for a permit to: (i) collocate a small wireless facility in a right of way; or (ii) install, modify, or replace a pole or decorative pole in a right of way on which a small wireless facility is or will be located.
Authority pole means a pole owned, managed, or operated by or on behalf of the city. Such term shall not include poles, support structures, electric transmission structures, or equipment of any type owned by an electric supplier.
Collocate or collocation means to install, mount, modify or replace a small wireless facility on or adjacent to a pole, decorative pole, or support structure.
Communication services means cable service as defined in 47 U.S.C. § 522(6); telecommunications service as defined in 47 U.S.C. § 153(53); information service as defined in 47 U.S.C. § 153(24), as each such term existed on January 1, 2019; or wireless services.
Communications facility means the set of equipment and network components, including wires and cables and associated equipment and network components, used by a communications service provider to provide communications services.
Communications service provider means a provider of communication services.
Consolidated application means an application for the collocation of multiple small wireless facilities on existing poles or support structures or for the installation, modification, or replacement of multiple poles and the collocation of associated small wireless facilities.
Decorative pole means a pole that is specially designed and placed for aesthetic purposes.
Electric supplier means any electric light and power company subject to regulation by the Georgia Public Service Commission, any electric membership corporation furnishing retail service in this state, and any municipality which furnishes such service within this state.
Eligible facilities request means an eligible facilities request as set forth in 47 C.F.R. § 1.40001(b)(3), as it existed on January 1, 2019.
FCC means the Federal Communications Commission of the United States.
Fee means a one-time, nonrecurring charge based on time and expense.
Historic district means: (i) any district, site, building, structure, or object included in, or eligible for inclusion in, the National Register of Historic Places maintained by the secretary of the interior of United States in accordance with Section VI.D.1.a.i-v of the Nationwide Programmatic Agreement codified by 47 C.F.R. Part 1; (ii) any area designated as a historic district under Article 2 of Chapter 10 of Title 44, the Georgia Historic Preservation Act; or (iii) any area designated as a historic district or property by law prior to April 26, 2019.
Law means and includes any and all federal, state, or local laws, statutes, common laws, codes, rules, regulations, orders, or ordinances.
Micro wireless facility means a small wireless facility not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height that has an exterior antenna, if any, no longer than 11 inches.
Permit means a written authorization, in electronic or hard copy format, required to be issued by the city to initiate, continue, or complete the collocation of a small wireless facility or the installation, modification, or replacement of a pole or decorative pole upon which a small wireless facility is collocated.
Person means an individual, corporation, limited liability company, partnership, association, trust, or other entity or organization, including an authority.
Pole means a vertical pole such as a utility, lighting, traffic, or similar pole made of wood, concrete, metal, or other material that is lawfully located or to be located within a right of way, including without limitation a replacement pole and an authority pole. Such term shall not include a support structure, decorative pole, or electric transmission structure.
Rate means a recurring charge.
Reconditioning work means the activities associated with substantially painting, reconditioning, improving, or repairing authority poles.
Replace, replacement or replacing means to replace a pole or decorative pole with a new pole or a new decorative pole, similar in design, size, and scale to the existing pole or decorative pole consistent with 47 C.F.R. § 1.40001(b)(7) as it existed on January 1, 2019, in order to address limitations of, or change requirements applicable to, the existing pole to structurally support the collocation of a small wireless facility.
Replacement work means the activities associated with replacing an authority pole.
Right-of-way means, generally, property or any interest therein, whether or not in the form of a strip, which is acquired for or devoted to a public road; provided, however, that such term shall apply only to property or an interest therein that is under the ownership or control of the city.
Small wireless facility means radio transceivers; surface wave couplers; antennas; coaxial, fiber optic, or other cabling; power supply; backup batteries; and comparable and associated equipment, regardless of technological configuration, at a fixed location or fixed locations that enable communication or surface wave communication between user equipment and a communications network and that meet both of the following qualifications: (i) each wireless provider's antenna could fit within an enclosure of no more than six cubic feet in volume; and (ii) all other wireless equipment associated with the facility is cumulatively no more than 28 cubic feet in volume, measured based upon the exterior dimensions of height by width by depth of any enclosure that may be used. The following types of associated ancillary equipment are not included in the calculation of the volume of all other wireless equipment associated with any such facility: electric meters; concealment elements; telecom-munications demarcation boxes; grounding equipment; power transfer switches; cut-off switches; and vertical cable runs for connection of power and other services. Such term shall not include a pole, decorative pole, or support structure on, under, or within which the equipment is located or collocated or to which the equipment is attached and shall not include any wireline backhaul facilities or coaxial, fiber optic, or other cabling that is between small wireless facilities, poles, decorative poles, or support structures or that is not otherwise immediately adjacent to or directly associated with a particular antenna.
State means the State of Georgia.
Support structure means a building, billboard, water tank, or any other structure to which a small wireless facility is or may be attached. Such term shall not include a decorative pole, electric transmission structure, or pole.
Wireless infrastructure provider means any person, including a person authorized to provide telecommunications services in this state, that builds, installs, or operates small wireless facilities, poles, decorative poles, or support structures on which small wireless facilities are or are intended to be used for collocation but that is not a wireless services provider.
Wireless provider means a wireless infrastructure provider or a wireless services provider.
Wireless services means any services provided to the public using licensed or unlicensed spectrum, including the use of Wi-Fi, whether at a fixed location or mobile.
Wireless services provider means a person that provides wireless services.
Wireline backhaul facility means an aboveground or underground wireline facility used to transport communications data from a telecommunications demarcation box associated with small wireless facility to a network.
(b)In the event that any federal or state law containing definitions used in this division is amended, the definition in the referenced section, as amended, shall control. (Ord. No. 2019-47(19-O-1488), § 1, 9-12-19)
§ 138-166
Permit required.
Sec. 138-166. Permit required.
(a)A permit is required to collocate a small wireless facility in the public right of way or to install, modify, or replace a pole or a decorative pole in the public right of way. A permit is not required to perform the activities described in O.C.G.A. § 36-66C-6(e) or (f).
(b)Any person seeking to collocate a small wireless facility in the public right of way or to install, modify, or replace a pole or a decorative pole in the public right of way shall submit an application to the department of transportation for a permit. Applications are available from the department of public works, office of transportation. Any material change to information contained in an application shall be submitted in writing to the department of transportation within 30 days after the events necessitating the change.
(c)Each application for a permit shall include the maximum application fees permitted under O.C.G.A. § 36-66C-5(a)(1), (a)(2) and (a)(3). Such maximum application fees shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).
(d)The department of transportation shall review applications for permits according to the timelines and using the procedures identified in O.C.G.A. §§ 36-66C-7 and 36-66C-13.
(e)Applications for permits shall be approved except as follows:
(1)In order to receive a permit to install a pole or replace a decorative pole, the applicant must have determined after diligent investigation that it cannot meet the service objectives of the permit by collocating on an existing pole or support structure on which:
(i)the applicant has the right to collocate subject to reasonable terms and conditions; and
(ii)such collocation would not impose technical limitations or significant additional costs. The applicant shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and shall provide a written summary of the basis for such determination.
(2)The department of transportation may deny an application for a permit upon any of the conditions identified in O.C.G.A. § 36-66C-7(j), including, but not limited to:
(i)interference with traffic control equipment;
(ii)interference with site lines or clear zones;
(iii)non compliance with the ADA or similar laws regarding pedestrian access or movement;
(iv)interference with road widening, repair, reconstruction, or relocation that has been advertised for bid and scheduled for completion within six months;
(v)interference with laws governing management of the right-of-way or that address pedestrian and vehicular traffic and safety requirements;
(vi)failure to comply with applicable codes;
(vii)exceeding maximum height limitations provided for in this division;
(viii)failure to comply with historic district, residential zoning district, or decorative pole requirements identified in O.C.G.A. §§ 36-66C-10, 36-66C-11 or 36-66C-12
(ix)interference with public works construction projects;
(x)applications that request groundmounted equipment be located more than 7.5 feet in radial circumference from the base of the pole.
(3)For applications for new poles in the public right of way in areas zoned for residential use, the department of transportation may propose an alternate location in the public right of way within 100 feet of the location set forth in the application, and the wireless provider shall use the department of transportation's proposed alternate location unless the location imposes technical limits or significant additional costs. The wireless provider shall certify that it has made such a determination in good faith, based on the assessment of a licensed engineer, and it shall provide a written summary of the basis for such determination.
(f)A permit issued under this division shall authorize such person to occupy the public rights of way to: (i) collocate a small wireless facility on or adjacent to a pole or a support structure that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(3) or on or adjacent to a decorative pole in compliance with O.C.G.A. § 3666C-12; and (ii) install, modify, or replace a pole or decorative pole for collocation of a small wireless facility that does not exceed the limitations set forth in O.C.G.A. § 36-66C-7(h)(1) and (h)(2).
(g)Upon the issuance of a permit under this division, and on each anniversary of such issuance, every person issued a permit shall submit to the city the maximum annual payments permitted under O.C.G.A. § 36-66C-5(a)(4) and (a)(5); provided, however, that if such person removes its small wireless facilities from the public rightsof-way pursuant to O.C.G.A. § 36-66C-5(e), then such person shall be responsible for the pro rata portion of the annual payment based on the number of days of occupation since the last annual payment. Upon making such pro rata payment and removal of the small wireless facilities, the person's annual payment obligations under this section shall cease as of the date of the actual removal. The maximum annual payments shall automatically increase on January 1 of each year beginning January 1, 2021, as provided under O.C.G.A. § 36-66C-5(b).
(h)Any person issued a permit shall pay the fees identified in O.C.G.A. § 36-66C-5(a)(6) and (a)(7), as applicable.
(i)The city may revoke a permit issued pursuant to this division if the wireless provider or its equipment placed in the public right of way under that permit subsequently is not in compliance with any provision of this division or the Georgia Streamlining Wireless Facilities and Antennas Act. Upon revocation, the city may proceed according to (j).
(j)If a wireless provider occupies the public rights of way without obtaining a permit required by this division or without complying with the SWFAA, then the city may, at the sole discretion of the city, restore the right of way, to the extent practicable in the reasonable judgment of the city, to its condition prior to the unpermitted collocation or installation and to charge the responsible wireless provider the reasonable, documented cost of the city in doing so, plus a penalty not to exceed $1,000.00. The city may suspend the ability of the wireless provider to receive any new permits from the city under this division until the wireless provider has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the city may not suspend such ability of any applicant that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
(k)All accepted applications for permits shall be publicly available subject to the limitations identified in O.C.G.A. § 36-66C-6(c).
(l)An applicant may file a consolidated application related to multiple small wireless facilities, poles or decorative poles so long as such consolidated application meets the requirements of O.C.G.A. § 36-66C-13.
(m)Activities authorized under a permit shall be completed within the timelines provided in O.C.G.A. § 36-66C-7(k)(2).
(n)Issuance of a permit authorizes the applicant to: (i) undertake the collocation, installation, modification or replacement approved by the permit and (ii) operate and maintain the small wireless facilities and any associated pole covered by the permit for a period not to exceed ten years.
(o)Permits shall be renewed following the expiration of the term identified in (n) upon the terms and conditions identified in O.C.G.A. § 3666C-7(k)(2)(B).
(p)If an application for a permit seeks to collocate small wireless facilities on authority poles in the public rights of way, then the city shall, within 60-days of receipt of the completed application: (i) provide a good faith estimate for any make-ready work necessary to enable the authority pole to support the proposed facility; or (ii) notify the wireless provider that the wireless provider will be required to perform the makeready work. Any make-ready work performed by the city shall be completed pursuant to and in accordance with the provisions of O.C.G.A. § 3666C-7(n). (Ord. No. 2019-47(19-O-1488), § 1, 9-12-19; Ord. No. 2020-32(20-O-1379), § 55, 6-23-20)
§ 138-167
Removal; relocation; reconditioning; replacement; abandonment.
Sec. 138-167. Removal; relocation; reconditioning; replacement; abandonment.
(a)A person may remove its small wireless facilities from the public rights-of-way according to the procedures identified in O.C.G.A. § 36-66C5(e).
(b)In the event of a removal under (a), the right of way shall be, to the extent practicable in the reasonable judgment of the city, restored to its condition prior to the removal. If a person fails to return the right of way, to the extent practicable in the reasonable judgment of the city, to its condition prior to the removal within 90 days of the removal, the city may, at the sole discretion of the city, restore the right of way to such condition and charge the person the city's reasonable, documented cost of removal and restoration, plus a penalty not to exceed $500.00. The city may suspend the ability of the person to receive any new permits under this division until the person has paid the amount assessed for such restoration costs and the penalty assessed, if any; provided, however, that the city will not suspend such ability of any person that has deposited the amount in controversy in escrow pending an adjudication of the merits of the dispute by a court of competent jurisdiction.
(c)(1) If, in the reasonable exercise of police powers, the city determines: (i) a pole or support structure unreasonably interferes with the widening, repair, reconstruction, or relocation of a public road or highway, or (ii) relocation of poles, support structures, or small wireless facilities is required as a result of a public project, the wireless provider shall relocate such poles, support structures, or small wireless facilities pursuant to and in accordance with the provisions of O.C.G.A. § 36-66C-7(l) at no cost to the city.
(2)If the wireless provider fails to relocate a pole, support structure or small wireless facility or fails to provide a written good faith estimate of the time needed to relocate the pole, support structure or small wireless within the time period prescribed in O.C.G.A. § 36-66C-7(l), the city make take the actions authorized by O.C.G.A. § 36-66C-7(o), in addition to any other powers under applicable law.
(d)The city shall recondition and replace authority poles consistent with the provisions of O.C.G.A. § 36-66C-7(m). Wireless providers shall accommodate and cooperate with reconditioning and replacement consistent with the provisions of O.C.G.A. § 36-66C-7(m).
(e)A wireless provider must notify the city of its decision to abandon any small wireless facility, support structure or pole pursuant to and in accordance with the provisions of O.C.G.A. § 3666C-7(p)(1). The wireless provider shall perform all acts and duties identified in O.C.G.A. § 3666C-7(p) regarding abandonment. The city may take all actions and exercise all powers authorized under O.C.G.A. § 36-66C-7(p) upon abandonment, in addition to any other powers under applicable law. (Ord. No. 2019-47(19-O-1488), § 1, 9-12-19)
§ 138-168
Standards.
Sec. 138-168. Standards.
(a)Small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities may be placed in the public right of way as a permitted use: (i) upon a receipt of a permit under this Division;
(ii)subject to applicable codes and federal regulations including but not limited to the Americans with Disabilities Act; and (iii) so long as such small wireless facilities and new, modified, or replacement poles to be used for collocation of small wireless facilities comply with the appropriate provisions of O.C.G.A. § 36-66C-7(h).
(1)New, modified, or replacement poles installed in the rights-of-way shall comply with the ADA or similar laws regarding minimum 5 foot clearances for pedestrian access or movement.
(2)New, modified, or replacement poles installed in the rights-of-way in a historic district and in an area zoned primarily for residential use shall not exceed 50 feet above ground level.
(3)New, modified, or replacement poles installed in the rights- of- way may not disrupt minimum sidewalk clear zones or other zoning regulations for historic districts, special public interest (SPI) districts, nor violate any other zoning regulations. Where applicable, poles shall be installed in the sidewalk supplemental or amenity zone.
(b)A decorative pole should only be located where an existing pole can be removed and replaced, or at a new location where the City has identified that a streetlight is necessary.
(c)Unless it is determined that another design is less intrusive, or placement is required under applicable law, small wireless facilities shall be concealed as follows:
(1)Antennas located at the top of poles and support structures shall be incorporated into the pole or support structure, or placed within shrouds of a size such that the antenna appears to be part of the pole or support structure;
(2)Antennas placed elsewhere on a pole or support structure shall be integrated into the pole or support structure or be designed and placed to minimize visual impacts.
(3)Radio units or equipment cabinets holding radio units and mounted on a pole shall be placed as high as possible, located to avoid interfering with, or creating any hazard to, any other use of the public rights of way, and located on one side of the pole. Unless the radio units or equipment cabinets can be concealed by appropriate traffic signage, radio units or equipment cabinets mounted below the communications space on poles shall be designed so that the largest dimension is vertical, and the width is such that the radio units or equipment cabinets are minimally visible from the opposite side of the pole on which they are placed.
(4)Wiring and cabling shall be neat and concealed within or flush to the pole or support structure, ensuring concealment of these components to the greatest extent possible.
(d)Notwithstanding any provision of this division to the contrary, an applicant may collocate a small wireless facility within a historic district, and may place or replace a pole within a historic district, only upon satisfaction of the following: (i) issuance of a permit under this division and (ii) compliance with applicable codes.
(e)Notwithstanding any provision of this division to the contrary, an applicant may collocate a small wireless facility on a decorative pole, or may replace a decorative pole with a new decorative pole, in the event the existing decorative pole will not structurally support the attachment, only upon satisfaction of the following: (i) issuance of a permit under this division and (ii) compliance with applicable codes. (Ord. No. 2019-47(19-O-1488), § 1, 9-12-19)
Secs. 138-169—138-185. Reserved.
ARTICLE VI. CITY HALL*
§ 138-186
Applicability of previous articles.
Sec. 138-186. Applicability of previous articles.
*Editor’s note—It should be noted that section 2 of Ord. No. 2012-11(12-O-0362), provides, " The City currently charges Article I through Article V of this chapter, including the definitions and the department of purview, shall not apply to this Article VI. (Ord. No. 2012-11(12-O-0362), § 1, 3-28-12)
§ 138-187
City Hall defined.
Sec. 138-187. City Hall defined.
For purposes of this article, "City Hall" shall mean all interior areas of City Hall, including without limitation the building located at 68 Mitchell Street, the building located at 55 Trinity Avenue, the connecting hallway between the two, the entrance area in the Mitchell Street building immediately inside the exterior doors, the entrance area in the Trinity Street building in which security screening is located, all meeting rooms, office suites, Council Chambers, Old Council Chambers, the cafeteria, the Atrium, the underground parking garage, and any completely enclosed outdoor areas including the roof terrace on the fifth floor of the Trinity Street building. (Ord. No. 2012-11(12-O-0362), § 1, 3-28-12)
§ 138-188
Department of purview.
Sec. 138-188. Department of purview.
The commissioner of the department of enterprise asset management may adopt appropriate rules and regulations governing the use and operation of City Hall. In addition, the commissioner of the department of enterprise assets management may issue rental permits for use of the Atrium located on the first floor of the Trinity Street building, and Old Council Chambers located on the third floor of the Mitchell Street building, provided that the rules for obtaining permits are set forth in written policies and procedures made available to the public and applied uniformly. Issuance of permits shall not be based on or influenced by the race, color, creed, religion, gender, age, disability status, domestic relationship status, parental status, familial status, sexual orientation, national origin, political affiliation or gender identity of the applicant and/or the event participants. In addition, issuance of permits shall not be based on the identity, associational relationships or a rental fee for the City Hall Old Council Chambers in the amount of $1,500 for six hours. It currently charges a rental fee for the City Hall Atrium in the amount of $2,500 for six hours and this ordinance does not increase the current fee structure."
viewpoints of the applicant and/or the event participants, or on the viewpoints that may be expressed during the event. (Ord. No. 2012-11(12-O-0362), § 1, 3-28-12; Ord. No. 2018-36(18-O-1479), § 6, 8-29-18; 2021-32(21O-0394), § 6, 7-14-21)
§ 138-189
Rules of conduct for City Hall.
Sec. 138-189. Rules of conduct for City Hall.
In addition to any rules and regulations established by the commissioner of the department of enterprise asset management, the following conduct shall be prohibited in City Hall:
(a)Shouting, screaming or yelling, where the person's voice is plainly audible to anyone at a distance of 50 feet or more.
(b)Emitting or creating any sound, including sound created by musical instruments, where the sound is plainly audible to anyone at a distance of 50 feet or more.
(c)Using a sound-amplifying or voiceamplifying apparatus.
(d)Blocking any of the City Hall entrance/ exit doors.
(e)Obstructing other persons from freely entering or leaving City Hall, or any of the City Hall meeting rooms, suites, offices or common areas.
(f)Carrying or possessing any sign, poster, plaque or notice unless it is constructed solely of a cloth, vinyl, paper or flexible cardboard material no greater than onequarter inch in thickness.
(g)Carrying or possessing any length of lumber, wood or wood lath unless it is one-fourth inch or less in thickness and two inches or less in width. If not generally rectangular in shape, the object shall not exceed three-quarters inch in its thickest dimension. Both ends of the length of lumber, wood or wood lath shall be blunt and shall not be pointed.
(Ord. No. 2012-11(12-O-0362), § 1, 3-28-12; Ord. No. 2018-36(18-O-1479), § 6, 8-29-18; 2021-32(21O-0394), § 6, 7-14-21)
§ 138-190
Exceptions to rules of conduct.
Sec. 138-190. Exceptions to rules of conduct.
Exceptions to the rules of conduct set forth in section 138-189 are as follows:
(a)The rules of conduct shall not apply where the prohibited activity is performed by a city official or employee acting in her/his official capacity, where the activity is executed as part of her/his official city duties.
(b)The rules of conduct shall not apply where the prohibited activity is performed by a city contractor or subcontractor, and is associated and performed in conjunction with the scope of work set forth in the applicable city contract.
(Ord. No. 2012-11(12-O-0362), § 1, 3-28-12)
§ 138-191
Rental of City Hall Atrium and Old Council Chambers.
Sec. 138-191. Rental of City Hall Atrium and Old Council Chambers.
(a)Members of the public may receive a rental permit for use of the City Hall Atrium and/or City Hall Old Council Chambers for the purpose of conducting life cycle event ceremonies such as weddings, and for having receptions and parties, provided that these events begin after 5:30 p.m. on weekdays or on weekends or holidays. Rental permits shall be applied for pursuant to the written rules established by the commissioner of the department of enterprise asset management, as described in section 138-188 above.
(b)Persons who have obtained a rental permit for use of the City Hall Atrium or Old Council Chambers may speak, emit or create sound louder than established in section 138-189, and may use one or more sound-amplifying or voiceamplifying apparatuses, but only if the conduct occurs at the time and location set forth in the permit, and only if the permit explicitly allows the conduct at the time it is occurring. (Ord. No. 2012-11(12-O-0362), § 1, 3-28-12; Ord. No. 2018-36(18-O-1479), § 6, 8-29-18; 2021-32(21O-0394), § 6, 7-14-21)
§ 138-192
Additional rules for meeting rooms and press conference locations.
Sec. 138-192. Additional rules for meeting rooms and press conference locations.
(a)In addition to applying the rules of conduct set forth in section 138-189 above, any city official, employee or city entity holding a meet-ing (including without limitation a hearing or press conference) in City Hall may establish additional conduct rules for the meeting, provided that:
(1)The meeting is run by a city official or employee in her/his official capacity, or is a meeting of a city-created agency, board, or committee; and
(2)The meeting is open to the public; and
(3)The additional rules are applied uniformly; and
(4)The rules are not based on the identity, associational relationships, or viewpoints of any speaker, and are not based upon any of the protected categories listed in section 138-188 above.
(b)For any meeting that fits the description set forth in subsection (a)(1) and (a)(2) above, the city official or city entity holding the meeting shall have the right to waive section 138-89(c) above for the sole purpose of allowing use of microphones. (Ord. No. 2012-11(12-O-0362), § 1, 3-28-12)
§ 138-193
Rules of conduct for City Hall suites and offices.
Sec. 138-193. Rules of conduct for City Hall suites and offices.
In addition to applying the rules of conduct set forth in section 138-189 above, a department head or her/his designee may establish additional rules of conduct for all offices and suites where the department is housed. (Ord. No. 2012-11(12-O-0362), § 1, 3-28-12)
§ 138-194
City Hall access during evenings, weekends and holidays.
Sec. 138-194. City Hall access during evenings, weekends and holidays.
(a)Standard operating hours of City Hall are weekdays from 8:00 a.m. to 5:30 pm.
(b)Entrance to City Hall during weekday non-standard operating hours, weekends and holidays observed by city government shall be limited to:
(1)A city employee who presents a valid city-issued photo identification card to the City Hall entrance security guard;
(2)A non-city employee or a city employee without a city identification card accompanied by a city employee who presents a valid city-issued photo identification card;
(3)A contractor hired by the city to perform maintenance, repairs or improvements at City Hall, provided that the department of enterprise asset management issues written notification to the City Hall entrance security guard allowing admission, and provided that the contractor produces valid photo identification to the security personnel;
(4)A person attending a meeting that is being held by the city, or by a city-created agency, board, or committee, where the meeting is open to the public;
(5)A person attending an event being held in the City Hall Atrium or Old Council Chambers, after providing valid photo identification.
(c)With the exception of city employees or people accompanied by them, and contractors providing services at City Hall, any person in City Hall during weekday non-standard operating hours, weekends and. holidays must be at a meeting open to the public or at an event in the City Hall Atrium or Old Council Chambers. The visitors may not be in any other area of City Hall. (Ord. No. 2012-11(12-O-0362), § 1, 3-28-12; Ord. No. 2018-36(18-O-1479), § 6, 8-29-18; 2021-32(21O-0394), § 6, 7-14-21)
Secs. 138-195—138-230. Reserved.
ARTICLE VII. RIGHT-OF-WAY DINING
§ 138-231
Purpose.
Sec. 138-231. Purpose.
This article shall apply to the operation of right-of-way dining areas in the sidewalk within the city's public right-of-way. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19)
§ 138-232
Definitions.
Sec. 138-232. Definitions.
As used in this article, unless specifically stated otherwise, the following terms shall mean and include:
City means the City of Atlanta, Georgia, a municipal corporation of the State of Georgia.
Off-street right-of-way dining area means a space in which an eating and drinking establishment serves food and beverages as part of the operation of the eating and drinking establishment on the sidewalk in the city's right of way. An off-street right-of-way dining area must be located on the sidewalk in the city's right of way directly in front of an eating and drinking establishment and may only be separated from the establishment by portions of the right of way reserved for pedestrian clearance. The width of the right-of-way dining area may not exceed the width of the portion of the establishment facing the right of way and may contain no more than 50 percent of the total seating capacity of the establishment. If an eating and drinking establishment obtains permits for both off-street and on-street right-of-way dining, the on-street and off-street dining combined shall not exceed more than 50 percent of the total seating capacity of the establishment.
On-street right-of-way dining area means a space in which an eating and drinking establishment serves food and beverages as part of the operation of the eating and drinking establishment on the street in the city's right of way, where there is an existing non metered parking area or sufficient space within an existing travel lane to accommodate it. An on-street right-ofway dining area must be located on the street in the city's right of way directly in front or adjacent to an eating and drinking establishment. The width of the on-street right-of-way dining area may not exceed the width of the portion of the establishment facing or adjacent to the right of way and may contain no more than 50 percent of the total seating capacity of the establishment. If an eating and drinking establishment obtains permits for both off-street and on-street right-ofway dining, the on-street and off-street dining combined shall not exceed more than 50 percent of the total seating capacity of the establishment. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19; Ord. No. 2025-30(25-O-1426), § 1, 8-18-25)
§ 138-233
Permit required.
Sec. 138-233. Permit required.
(a)It shall be unlawful for a person or entity to operate a right-of-way dining area without a permit issued by the commissioner of the department of transportation, or his designee, pursuant to this article. Violations of this section shall be punishable in accordance with section 1-8.
(b)Permit issuance for right-of-way dining areas shall be subject to the rules and regulations for outdoor dining within the City of Atlanta Zoning Ordinance. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19; Ord. No. 2020-32(20-O-1379), § 56, 6-23-20)
§ 138-234
Permit requirements.
Sec. 138-234. Permit requirements.
(a)Any person or entity applying for a rightof-way dining area permit shall submit a permit application to the department of transportation. The application must be made by the owner(s) or lessee(s) of the premises benefitting from the proposed right-of-way dining area and shall be sworn to by the applicant and must include the following:
(1)Completed right-of-way permit application form;
(2)City Occupational Tax Certificate (business license);
(3)Insurance and indemnification documentation evidencing the requirements of this article have been met;
(4)An existing to-scale site plan showing the location of the adjacent private property and adjoining private properties, the area (including square footage) of public right of way for which a permit is sought for right-of-way dining purposes, and the location of all furniture including tables and chairs to be used within the proposed right-of-way dining area such that no furniture will encroach into any tree wells, and must clearly show the minimum five feet of pedestrian clearance in any the remaining portion of the sidewalk not utilized by the right-of-way dining area unless otherwise required by the zoning code. The existing to-scale site plan must also show the property and building lines, sidewalks, streets, and other public areas, and any underground vaults including utility vaults or building basements, for the entire area within 20 feet of where the right-of-way dining area is proposed. For on-street right-of-way dining, the existing to-scale site plan must show the location and specifications of any protective barriers or other appurtenances delineating the right-of-way dining area.
(5)An original copy of an affidavit by a licensed engineer attesting to the structural adequacy and condition of any basement vaults below the right-of-way and proof that the basement vault is compliant with city encroachment regulations.
(6)Address and contact information of the applicant.
(7)A signed affidavit that the applicant is a U.S. citizen or legal alien as required by the Systematic Alien Verification of Entitlements (SAVE) program.
(8)Application fee of $250.00.
(9)To the extent applicable for an on-street right of way dining permit application, evidence of compliance with 23 CFR § 1.23(c) and 23 U.S.C. § 156(b) as described in section 138-242 below.
(b)The annual right-of-way dining permit fee shall be $500.00 annually for the use of up to 250 square feet of the city's right of way, $750.00 annually for the use of 250—500 square feet of the city's right of way, and $1,000.00 annually for the use of over 500 square feet of the city's right of way.
(c)The right-of-way dining area permit shall be valid for 12 months from the date of the original issuance of the permit and shall thereafter expire. All permit holders shall be required to renew their permits annually on forms prescribed by the department of transportation.
(d)Upon approval, the right-of-way dining area permit shall be specifically limited to the area shown on the to-scale site plan included with the application.
(e)A right-of-way dining area permit may only be issued in conjunction with an eating and drinking establishment.
(f)A right-of-way dining area permit shall be non-transferable. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19; Ord. No. 2020-32(20-O-1379), § 57, 6-23-20; Ord. No. 2025-30(25-O-1426), § 2, 8-18-25)
§ 138-235
Operational rules.
Sec. 138-235. Operational rules.
(a)The right-of-way dining area permit shall not operate to permit any activity on private property.
(b)No live entertainment or amplified sound may occur within the right-of-way dining area.
(c)Right-of-way dining areas may operate only during the following hours:
(1)Sunday through Thursday: 7:00 a.m. to 11:00 p.m.; and
(2)Friday and Saturday, 7:00 a.m. to 12:00 a.m.
(d)Right-of-way dining area delineation.
(1)The boundaries of an on-street right of way dining area shall be physically delineated in a manner established by the commissioner of the department of transportation.
(2)The boundaries of an off-street right of way dining area shall be physically delineated in a manner established by the commissioner of the department of transportation.
(e)Off-street right-of-way dining areas must be at the same grade as the sidewalk, unless existing topography requires otherwise. In such cases, the applicant may apply to the commissioner of the department of transportation for approval of certain non-permanent raised platforms to be utilized in order to level-off the slope.
(f)Right-of-way dining area furniture. All tables, chairs, and other furniture shall be located within the right-of-way dining area and shall be as set forth on the site plan approved with the application. No furniture may be affixed to any tree, post, sign or other fixtures within the right-of-way dining area. Furniture, including any umbrellas, shall be of materials set forth in the administrative regulations promulgated by the Commissioner of the department of transportation. No furniture in the right-of-way dining area may encroach into any tree wells or adjacent travel lanes.
(g)All right-of-way dining area furniture and any other objects provided within a right-of-way dining area shall be maintained with a clean and attractive appearance and shall be in good repair at all times. The right-of-way dining area covered by the permit shall be always maintained in a neat and orderly appearance and the area shall be cleared of all debris, trash, and dining materials on a periodic basis during the day, and again at the close of each business day.
(h)All right-of-way dining area furniture and any other objects provided within a right-of-way dining area shall be removed from the right-ofway by the permit holder as notified by the city for sidewalk cleaning, street cleaning, utility access, emergency access, road improvement, or any other reason deemed necessary by the city or its affiliated and/or permitted contractors. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19; Ord. No. 2020-32(20-O-1379), § 58, 6-23-20; Ord. No. 2025-30(25-O-1426), § 3, 8-18-25)
§ 138-236
Clearance requirements.
Sec. 138-236. Clearance requirements.
(a)Off-street right-of-way dining areas must be located in such a manner such that there shall always be a minimum of five feet of pedestrian clearance, unless otherwise required by the zoning code, provided continuously, completely unobstructed by any objects, and parallel to the street except as provided in this section.
(b)No off-street right-of-way dining area furniture may be permitted within six feet of a pedestrian crosswalk, ramp, fire hydrant, or fire connection.
(c)No off-street right-of-way dining area furniture may be permitted within 15 feet of transit stops or transit shelters.
(d)For off-street right-of-way dining areas, an unobstructed corridor of a minimum of five feet in width straight out must be maintained between any business establishment entrance and the pedestrian clearance path.
(e)Requirements regarding clearance for onstreet right-of-way dining are established by the Commissioner of the Atlanta Department of Transportation. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19; Ord. No. 2020-32(20-O-1379), § 59, 6-23-20; Ord. No. 2025-30(25-O-1426), § 4, 8-18-25)
§ 138-237
Signage.
Sec. 138-237. Signage.
No signs, including, but not limited to business identification signs, shall be permitted in the right-of-way dining area, with the exception of commercial messages on items incidental and integral to the furnishing of a right-of-way dining area such as an outdoor table umbrella or a table top menu display. Such incidental signage shall be permitted on umbrellas, provided that the size, shape and color of all umbrellas shall be identical; and the establishment must sell the product associated with the incidental signage. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19; Ord. No. 2025-30(25-O-1426), § 5, 8-18-25)
§ 138-238
Insurance and indemnification.
Sec. 138-238. Insurance and indemnification.
(a)All right-of-way dining area permit holders shall maintain liability insurance with the city as the certificate holder in the amounts determined by the office of risk management.
(b)All right-of-way dining area permit holders shall indemnify and hold harmless the City of Atlanta, its officers and employees from any claims for damages to property or injury to persons which may be occasioned by any activity carried on under the terms of the permit. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19)
§ 138-239
Enforcement.
Sec. 138-239. Enforcement.
(a)The primary authority and responsibility for the enforcement of the provisions of this article shall be vested in the commissioner of the department of transportation.
(b)Upon a determination that a right-of-way dining area permit holder is in violation of this article or any administrative regulations promulgated by the commissioner of the department of transportation, the City of Atlanta shall issue notice or issue a citation. Notices of violation or citations may result in:
(1)The revocation or suspension of up to 12 months of a right-of-way dining area permit after written notice and reasonable opportunity to cure; and/or
(2)An administrative fine not exceeding $1,000.00 per day for each violation of a provision of this article or any administrative regulations promulgated by the commissioner of the department of transportation.
(c)If a permit issued under this article is revoked, the permit holder may not reapply for a new permit for 12 months. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19; Ord. No. 2020-32(20-O-1379), § 60, 6-23-20; Ord. No. 2025-30(25-O-1426), § 6, 8-18-25)
§ 138-240
Right-of-way dining areas as public property.
Sec. 138-240. Right-of-way dining areas as public property.
The right-of-way dining area are considered public property including, but not limited to accordance with section 106-12 of the City of Atlanta Code of Ordinances, Urban camping and improper use of public places. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19)
§ 138-241
Administrative regulations.
Sec. 138-241. Administrative regulations.
The commissioner of the department of transportation shall be responsible for the establishment of written administrative regula-tions as the commissioner deems necessary to successfully perform the operations and responsibilities of this article, of which the public shall have notice. (Ord. No. 2019-60(19-O-1354), § 1, 11-13-19; Ord. No. 2020-32(20-O-1379), § 61, 6-23-20; Ord. No. 2025-30(25-O-1426), § 7, 8-18-25)
ARTICLE VIII. ON-STREET RIGHT-OF-WAY DINING*
§ 138-242
Right-of-way dining areas on federal-aid highways and on real property acquired with federal assistance made available from the highway trust fund.
Sec. 138-242. Right-of-way dining areas on federal-aid highways and on real property acquired with federal assistance made available from the highway trust fund.
(a)In accordance with 23 CFR § 1.23(c), the temporary or permanent occupancy or use of right-of-way, including air space, for nonhighway purposes and the reservation of subsurface mineral rights within the boundaries of the rights-of-way of federal-aid highways, may be approved by the Federal Highway Administration, or the Georgia Department of Transportation if delegated such authority, only if it is determined that such occupancy, use or reservation is in the public interest and will not impair the highway or interfere with the free and safe flow of traffic thereon.
(b)In accordance with 23 U.S.C. § 156(b), the City of Atlanta shall charge right-of-way onstreet dining area permit holders fair market value for the sale, use, lease, or lease renewal (other than for utility use and occupancy or for a transportation project eligible for assistance under the federal code) of real property acquired with federal assistance made available from the highway trust fund (other than the mass transit account) unless an exception is approved by the *Editor’s note—Ord. No. 2025-30(25-O-1426), §§ 8, 9, adopted Aug. 18, 2025, repealed the former Art. VIII, §§ 138-242—138-253, and enacted a new Art. VIII as set out herein. The former Art. VIII pertained to similar subject matter and derived from Ord. No. 2020-67(20-O-1691), § 1, adopted Dec. 16, 2020; Ord. No. 2021-64(21-O-0891), §§ 1, 2, adopted Dec. 15, 2021.
Federal Highway Administration, or the Georgia Department of Transportation if delegated such authority. (Ord. No. 2025-30(25-O-1426), § 8, 8-18-25)
Secs. 138-243—138-255. Reserved.
Chapters 139—141 RESERVED Chapter 142 OUTDOOR EVENTS* Article I. In General Sec. 142-1. Title. Sec. 142-2. Definitions. Sec. 142-3. Scope. Sec. 142-4. Purpose and intent. Sec. 142-5. Responsible city department. Sec. 142-6. Penalties for violations of this chapter. Sec. 142-7. Timeframes and deadlines. Secs. 142-8—142-10. Reserved.
Article II. Approval and Denial of Outdoor Event Applications Sec. 142-11. Submission of application by applicant/authority and responsibilities of the SEM once application received.
Sec. 142-12. General considerations regarding approval, denial, or revocation of an outdoor event permit.
Sec. 142-13. Retention of permit. Sec. 142-14. Compliance. Secs. 142-15—142-20. Reserved.
Article III. Additional Outdoor Event Requirements Sec. 142-21. Emergency services and fire safety plan. Sec. 142-22. Fees. Sec. 142-23. Park facility reservations. Sec. 142-24. Portable restrooms. Sec. 142-25. Recycling and other solid waste issues. Sec. 142-26. Right-of-way/park closure. Sec. 142-27. Rules during outdoor events in parks. Secs. 142-28—142-30. Reserved.
Article IV. Sub-Permits Sec. 142-31. Sub-permits in general. Sec. 142-32. Alcohol sub-permit. Sec. 142-33. Amplification sub-permit. Sec. 142-34. Amusement sub-permit. Sec. 142-35. Banner sub-permit. Sec. 142-36. Electricity sub-permit. Sec. 142-37. Emergency services sub-permit. Sec. 142-38. Food and beverage sub-permit. Sec. 142-39. Portable restroom sub-permit. Sec. 142-40. Solid waste sub-permit. Sec. 142-41. Temporary structures sub-permit. Sec. 142-42. Water sub-permit. Secs. 142-43—142-49. Reserved.
Sec. 142-50.
Article V. Outdoor Festivals Title.
*Editor’s note—Ord. No. 2006-66, § 15, approved Sept. 26, 2006, added ch. 142 to read as herein set out. Section 14 of said ord. provided for an effective date of Jan. 2, 2007.
Sec. 142-51. Additional definitions. Sec. 142-52. Overview of outdoor festival requirements. Sec. 142-53. Festival districts. Sec. 142-54. Festival monitors. Sec. 142-55. Internal security plan. Sec. 142-56. Certification. Sec. 142-57. Review of application. Sec. 142-58. Considerations regarding approval or denial of an outdoor festi-val permit. Sec. 142-59. Outdoor festival classification. Sec. 142-60. Fees. Sec. 142-61. Acceptance of outdoor festival permit. Sec. 142-62. Notice of outdoor festival. Sec. 142-63. Prohibited conduct during outdoor festivals. Sec. 142-64. Outdoor events at Hurt Park sponsored by Georgia State Univer-sity. Secs. 142-65—142-79. Reserved.
Article VI. Assemblies Sec. 142-80. Title. Sec. 142-81. Definitions and clarifications. Sec. 142-82. Overview of assembly requirements. Sec. 142-83. Additional considerations regarding approval of assembly permit. Sec. 142-84. Contents of assembly permit. Sec. 142-85. Street closure permits and sidewalk closure permits. Sec. 142-86. Notice by the chief of police. Sec. 142-87. Notice by the special events manager. Sec. 142-88. Prohibited conduct during assemblies. Sec. 142-89. Parking meter reimbursement. Secs. 142-90—142-99. Reserved.
Article VII. Outdoor Events on Public Property Sec. 142-100. Scope. Sec. 142-101. Fewer than seventy-five attendees. Sec. 142-102. Park facility reservation permits-any number of attendees. Sec. 142-103. Large gathering—More than seventy-five attendees. Secs. 142-104—142-109. Reserved.
Article VIII. Outdoor Events on Private Property Sec. 142-110. Sec. 142-111. Sec. 142-112. Sec. 142-113. Sec. 142-114. Sec. 142-115.
Scope. Fewer than 75 attendees. Private outdoor events at residence. Private outdoor events at churches and schools. Private outdoor events on commercial properties. Private large gathering—More than 75 attendees.
Article IX. Shared Use of Public Property During Outdoor Events Sec. 142-116. Definition. Sec. 142-117. Prohibited conduct. Sec. 142-118. Warning.
ARTICLE I. IN GENERAL