Chapter 38 — Cemeteries

Sec. 38-27. Designation of use; adoption of rules and regulations.

The commissioner may designate the use of any cemetery and may adopt appropriate rules and regulations governing the use of any cemetery and the general operation of all cemeteries. (Code 1977, § 10-2071)

Sec. 38-28. Free burial permits for paupers.

The mayor may grant free burial permits for the interment of the bodies of paupers or of those dying in charitable institutions or in similar cases, if the mayor decides that the circumstances justify them. (Code 1977, § 14-7034)

Cross reference—Social services, ch. 126.

*Cross references—Naming of public facilities and streets in honor of persons, § 2-2; vending machines on city property and in city facilities, § 2-3.

State law reference—Receipt of cemetery lots in trust, O.C.G.A. § 36-37-4.

Sec. 38-29. Disturbing graves.

It shall be unlawful to disturb any grave, or deface, pull up or remove anything placed to mark a grave. (Code 1977, § 17-1003)

Sec. 38-30. Injuring or destroying tombs or flowers.

It shall be unlawful to destroy, mutilate, deface, injure or remove any tomb, monument, gravestone or other structure placed in the cemetery, or any fence, railing or other work used for the protection or ornament of any tomb, monument, gravestone or other structure, or for the ornament or protection of the cemetery, or to willfully destroy, cut, break, remove or injure any tree, shrub or plant that may have been planted or may be growing in the cemetery, or to commit any other trespass within the limits of the cemetery. (Code 1977, § 17-1004)

State law reference—Criminal trespass, O.C.G.A. § 16 7-21.

Secs. 38-31—38-40. Reserved.

DIVISION 2. OAKLAND CEMETERY+

Sec. 38-41. Definitions.

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

Cemetery means Oakland Cemetery.

Sexton means the Sexton of Oakland Cemetery. (Code 1977, § 10-2001)

Cross reference—Definitions generally, § 1-2.

Sec. 38-42. Scope.

The provisions of this division apply to the cemetery.

Cross reference—Oakland Cemetery landmark district, § 701-2001 et seq.

Sec. 38-43. Use of funds for restoration.

All revenues derived from the operation of the cemetery and the sale of spaces therein shall be used for the restoration of the cemetery. (Code 1977, § 10-2072)

Sec. 38-44. Schedule of charges for cemetery services. The schedule of charges for specified services at the cemetery is established as follows:

(1)

Internment—Opening and closing (2)

Disinterment—Opening and closing fee (3)

Cremation space (4)

Infant/children—Opening and closing (5)

Disinterment of cremains (6)

Vault installation fee (7)

Marker installation (8)

Charge for the use of tents and chairs

Weekday $800.00 700.00 600.00 650.00 300.00 250.00 100.00 100.00 Weekend $1,000.00 800.00 600.00 750.00 400.00 Holiday $1,250.00 750.00

Sec. 38-45. Schedule of charges for guided tours.

(1) Students (ages 7—22)...................... $6.00

(2) Senior citizens (ages 65 and above)................................................ 5.00

(3) Adults (ages 23—64)....................... 10.00

(4) Group rates: Students (age 7—22, with ID)................................. 6.00 Adults (age 23—64)........................ 12.00
Senior citizen (age 65 and above)................................................ 6.00

(6) Family of four, two adults, two children..................................... 28.00

Each additional child.............

6.00

Sec. 38-46. Use at night prohibited.

No person, unless authorized by the commissioner or director, bureau of parks, shall be within the limits of the cemetery between the hours of 7:00 p.m. and 7:00 a.m. (Code 1977, § 10-2073)

Sec. 38-47. Care of lots.

and shall be determined in accordance with generally accepted accounting principles. Gross revenues shall not include:

Installation means the connection of the cable system from feeder cable to the point of interconnection with subscriber-owned facilities.

Leased access channel means any channel designated or dedicated for use by persons unaffiliated with the grantee, at rates in accordance with the Cable Act.

Mayor means the Mayor of the City of Atlanta, Georgia, or his or her designee.

Non-cable service means any service which is distributed over the cable system other than a cable service.

Normal business hours means those hours during which most similar businesses in the community are open to serve customers. In all cases, "normal business hours" must include some evening hours at least one night per week and/or some weekend hours.

Normal operating conditions means those service conditions which are within the control of the grantee. Those conditions which are not within the control of the cable operator include, but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages, and severe or unusual weather conditions. Those conditions which are ordinarily within the control of the cable operator include, but are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal demand periods, and maintenance or upgrade of the cable system.

Pay cable or premium service means those certain optional, video program services in addition to cable programming service, offered by a grantee at an additional charge beyond the monthly charge for each grantee basic service tier and equipment.

Plant mile means a linear mile of strandbearing cable as measured on the street or easement from pole to pole or pedestal to pedestal.

Public access channel, community access channel or community channel means any channel designated or dedicated for use by the general public or noncommercial organizations which is provided to the city by the grantee at no charge to the city or the programmers of the channel.

Public-rights-of-way or streets and public grounds means the surface, the air space above the surface, and the area below the surface of any public street, highway, lane, path, alley, sidewalk, boulevard, drive, bridge, tunnel, park, parkways, waterways, utility easements or other public rightof-way or hereafter held by the city which shall entitle the city and the grantee to the use thereof for the purpose of installing and maintaining the grantee's cable communications system. No reference herein, or in any franchise, to the "streets and public grounds" shall be deemed to be a representation or guarantee by the city that its title to any property is sufficient to permit its use for such purpose, and the grantee shall, by its use of such terms, be deemed to gain only such rights to use property in the city as the city may have the undisputed right and power to give.

Reasonable notice shall be a written notice received by the grantee at its principal office within the city or such other office as the grantee has designated to the city as the address to which notice shall be transmitted to it, which notice shall be certified and postmarked not less than ten days prior to that day in which the party giving such notice shall commence any action which requires the giving of notice. In computing said ten days, holidays recognized by the city shall be excluded.

Renegotiation means the right of a party to a franchise executed pursuant to this chapter to require the other party thereto to discuss and consider in good faith a proposal for a modification of a franchise, it being understood that unless and until the parties agree to a modification, their agreement shall remain in full force and effect.

Residential subscriber means a subscriber who receives a service in an individual dwelling unit where the service is not to be utilized in connection with a business, trade or profession.

Sale shall include any sale, exchange, barter or offer for sale.

Service means any cable service or non-cable service, including any basic service, or any other service, whether or not originated by a grantee which is offered to any subscriber in conjunction with, or distributed over the cable system.

Service area means the entire geographic area within the franchise territory.

Service interruption means the loss of picture or sound on one or more cable channels.

Service related activity means any activity or function associated with the production or distribution of any service over the cable system, including without limitation, use of studio or other facilities or equipment, billing, audience promotion, or installation or lease of equipment.

State means the State of Georgia.

Subscriber means any person, firm, corporation or other entity who or which elects to sub scribe to, for any purpose, a service provided by the grantee in the operation of a cable communications system.

Upstream signal means a signal originating from a terminal to another point in the cable communications system including video, audio or digital signals for either programs or other uses such as security alert services, etc.

VTRIVCR service means that service which makes available a second converter and necessary equipment to provide subscribers with the ability to record programming from one converter while viewing programming from the second converter. (Ord. No. 2009-51.1(94-0-1777), § 2.0, 11-28-94; Ord. No. 2009-51(09-0-1222), § 1, 9-11-09)

Sec. 38-49. Stone rubbings.

No person shall conduct any stone rubbings within the cemetery, unless approved by the commissioner or director, bureau of parks. (Code 1977, § 10-2076)

Sec. 38-50. Disturbing graves; disinterments.

State law reference—Disinterment of dead bodies, O.C.G.A. § 31-21-42 et seq.

Sec. 38-51. Pets.

Cross reference—Animals, ch. 18. State law reference—Right of visually handicapped and deaf persons to be accompanied by guide dog or service dog, O.C.G.A. § 30-4-1.

Secs. 38-52—38-59. Reserved.

ARTICLE III. CEMETERY OR BURIAL GROUND DISTURBANCE PERMIT*

Sec. 38-60. Intent.

The urban design commission (UDC) shall have the power to hear, grant or deny applications for a cemetery or burial ground, as defined in paragraphs (3) and (5) of O.C.G.A. § 36-72-2, as amended, disturbance permit in accordance with the powers delegated to the City by O.C.G.A. § 36-72-1 et seq. as amended. (Ord. No. 2006-58, § 1, 8-29-06)

Sec. 38-61. Procedures.

Applications shall be filed with the director, urban design commission or their designee and shall include any supporting material as required by the rules of the commission or this section. Upon receipt of a complete application and the supporting material the UDC shall place the application on a regularly scheduled meeting agenda for public hearing, cause due notice of the time and place thereof to be published and give notice to surrounding property owners and descendants of those located in the cemetery or burial ground subject to the application. UDC staff shall review the information submitted and submit a findings of fact and recommendation to the urban design commission for their review and recommendation. (Ord. No. 2006-58, § 1, 8-29-06)

♦Editor’s note—Section 3 of Ord. No. 2006-58, adopted Aug. 29, 2006 states: The provisions of this article shall not apply to any cemetery owned by the City of Atlanta, including but not limited to, Oakland Cemetery.

Sec. 38-62. Application.

Application for a permit shall include, at a minimum, the following information:

Sec. 38-63. Identification and notification of descendants.

The applicant shall implement its plan for identifying and locating descendants no later than the date the application is submitted to the director, urban design commission. The UDC staff shall review the applicant's plan for identifying and notifying the descendants of the deceased persons and may require as a condition for issuing a permit that the applicant implement additional reasonable attempts to identify and locate descendants. Notice to possible descendants shall include information on how to contact the city and a summary of the rights of descendants under this chapter. The UDC shall promptly inform any descendant who indicates an interest in the disposition of the human remains and burial objects regarding any proposals for mitigation, the terms of any permit issued, the time and place of any scheduled public hearings, and appeal procedures and events. (Ord. No. 2006-58, § 1, 8-29-06)

Sec. 38-64. Public hearing; decision of city council.

Sec. 38-65. Application fee.

The city council shall be authorized to impose an application fee which shall reflect the cost to the city for processing and reviewing the application including, but not limited to, the cost of hiring an attorney, independent archeologist, publication of notices and independent surveyor to assist in making recommendations regarding the applicant's plan. Such fee, if imposed, shall not exceed $2,500.00. (Ord. No. 2006-58, § 1, 8-29-06)

Sec. 38-66. Appeals.

Should any applicant or descendant be dissatisfied with a decision of the city council, he or she, within 30 days of such decision, may file an appeal in the Superior Court of Fulton County by filing with the clerk of said court a petition in writing setting forth plainly, fully and distinctly wherein such decision is contrary to law. Such appeal shall be filed within 30 days after the decision of city council is rendered.

Sec. 38-67. Inspections.

The department of police shall inspect as necessary to determine whether the applicant has complied with the provisions of this chapter requiring cessation or limitation of activity and with the terms of the permit as issued by the city council or as modified by the superior court or reviewing court. (Ord. No. 2006-58, § 1, 8-29-06)

Sec. 38-68. Disinterment and disposition of human remains.

Any disinterment and disposition of human remains or burial objects permitted under this chapter shall be supervised, monitored, or carried out by the applicant's archeologist and shall be done at the expense of the person or entity to whom the permit is issued. (Ord. No. 2006-58, § 1, 8-29-06)

Sec. 38-69. Violations.

Any person convicted of violating this chapter shall be punished as prescribed in section 1-8 of the Atlanta City Code. (Ord. No. 2006-58, § 1, 8-29-06)

Chapters 39—41 Chapter 42 RESERVED* ♦Editor’s note—Ord. No. 2008-16(08-0-0335), § l, approved March 11, 2008, repealed ch. 42, §§ 42-1, 42-2, 42-36—42-42 and § 2 of said ord. renumbered 42-43 as a new section 150-137. Formerly, chapter 42 pertained to charitable solicitations.

Chapter 43 RESERVED* ♦Editor’s note—Ord. No. 2012-44(12-0-1324), § 2, adopted October 8, 2012, repealed Ch. 43, § 43-1, which pertained to commercial solicitation. Section 1 of said ordinance enacted provisions pertaining to monetary solicitation currently codified as § 106-85. See also the Code Comparative Table.

Chapters 44, 45 RESERVED Chapter 46 CIVIC AND CULTURAL AFFAIRS* Article I. In General Sec. 46-1.

Lease agreements for Cyclorama.

Secs. 46-2—46-35. Reserved.

Article II. Civic Center Sec. 46-36. Prohibited activities. Sec. 46-37. Lease agreements. Sec. 46-38. Rental rules and regulations. Secs. 46-39—46-75. Reserved.

Article III. Works of Art in Public Places Sec. 46-76. Definitions. Sec. 46-77. Purpose of the public art program. Sec. 46-78. Funds available for public art. Sec. 46-79. Authority of bureau of cultural affairs. Sec. 46-80. Placement of art. Sec. 46-81. Account and payments. Sec. 46-82. Waiver of article. Secs. 46-83—46-99. Reserved.

Article IV. Entertainment Filming Sec. 46-100. Definitions. Sec. 46-101. Purpose and intent. Sec. 46-102. Office of entertainment as resource and liaison. Sec. 46-103. Permits for filming. Sec. 46-104. Exemption from filming permit requirement—First amendment activity. Sec. 46-105. Filming elements. Sec. 46-106. Processing of permit applications. Sec. 46-107. Modification, suspension or cancellation of a permit. Sec. 46-108. Responsibilities of a producer once a permit is obtained. Sec. 46-109. Other permit requirements. Sec. 46-110. Fee schedule. Secs. 46-111—46-199. Reserved.

Article V. Downtown Arts and Entertainment District Ordinance Sec. 46-200. Sec. 46-201. Sec. 46-202.

Purpose and intent. Creation of the district. Relationship to other parts of the Code.

*Charter reference—Bureau of cultural affairs, app. IV, § 33. Cross references—Payment of certain investment income to Atlanta Art Association, § 2-923; library, ch. 102; parks and recreation, ch. 110. State law references—Constitutional grant of home rule powers, Ga. Const. art. IX, § II; statutory grant of home rule powers, O.C.G.A. § 36-35-1 et seq.

See. 46-1. Lease agreements for Cyclorama.

Cross reference—Discrimination generally, § 94-66 et seq.

Secs. 46-2—46-35. Reserved.

ARTICLE II. CIVIC CENTER* See. 46-36. Prohibited activities.

*Cross references—Naming of public facilities and streets in honor of persons, § 2-2; vending machines on city property and in city facilities, § 2-3; amusements and entertainments, ch. 14; duties of Civic Center director relevant to boxing and wrestling contests, § 14-37.