Chapter 70 — Emergency Services
Collection of 9-1-1 charge on prepaid wireless transactions.
Sec. 70-2. Collection of 9-1-1 charge on prepaid wireless transactions.
Prepaid wireless 9-1-1 charges collected by sellers shall be remitted to the city's chief financial officer at the times and in the manner provided by Chapter 8 of Title 48 of the Official Code of Georgia Annotated with respect to the sales and use tax imposed on prepaid wireless calling service. (Ord. No. 2011-49(11-O-1323), § 2, 11-16-11)
Administrative provisions.
Sec. 70-3. Administrative provisions.
The clerk of the city is hereby directed to file with the state revenue commissioner a certified copy of this ordinance and amendments thereto in accordance with O.C.G.A. § 46-5-134.2(j)(1), by December 31, 2011. (Ord. No. 2011-49(11-O-1323), § 3, 11-16-11)
Depositing of funds; use of funds.
Sec. 70-4. Depositing of funds; use of funds.
In accordance with O.C.G.A. § 46-5-134.2(j)(5), funds received by the city from charges imposed by this ordinance shall be deposited in the emergency telephone system fund maintained by the city pursuant to O.C.G.A. § 46-5-134(d)(2) and kept separate from general revenue of the jurisdiction. All such funds shall be used exclusively for the purposes authorized by O.C.G.A. § 46-5134(f). (Ord. No. 2011-49(11-O-1323), § 4, 11-16-11)
Effective date.
Sec. 70-5. Effective date.
As required by O.C.G.A. § 46-5-134.2(j)(1), this ordinance shall become effective January 1, 2012. (Ord. No. 2011-49(11-O-1323), § 5, 11-16-11)
Secs. 70-6—70-25. Reserved.
ARTICLE II. ALARM SYSTEMS*
Purpose/applicability.
Sec. 70-26. Purpose/applicability.
Definitions.
Sec. 70-27. Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the text clearly indicates a different meaning:
Alarm administrator means a person or persons designated by the City of Atlanta to administer, control and review false alarm reduction efforts and administer the provisions of this article.
Alarm company means any business, whether operated by an individual, partnership, corporation or other entity, which is in the business of selling, leasing, maintaining, servicing, repairing, altering, replacing, moving, installing or monitoring alarm systems at an alarm site.
*Editor’s note—Ord. No. 2013-23(12-O-0375), § 1, approved May 29, 2013, effective September 15, 2013, repealed the former Art. II, §§ 70-26—70-35, and enacted a new Art. II as set out herein. The former Art. II pertained to burglar or robbery alarm systems. See Code Comparative Table for complete derivation.
Alarm permit means a permit issued by the City of Atlanta allowing the operating of an alarm system within the City of Atlanta.
Alarm system means any mechanized and/or electronic device or set of devices intended to detect and signal the occurrence of activity requiring the immediate need for emergency services at the premises in which such device or set of devices is installed. For purposes of this article, alarm system does not mean any such device or set of devices installed operated or maintained pursuant to chapter 78 of the City of Atlanta Code of Ordinances.
Alarm user means, with respect to any premises, any person, corporation, partnership, or proprietorship or other entity, who owns, leases, an alarm system or on whose premises an alarm system is maintained for the protection of such premises.
Alarm user awareness class means a class conducted for the purpose of educating alarm users about the responsible use, operation, and maintenance of alarm systems and the problems created by false alarms.
Automatic dialer or auto-dialer means any electrical, electronic, mechanical or other device capable of being programmed to send a prerecorded voice message when activated over a telephone line, radio or other communication system requesting emergency dispatch.
Cancellation means the process where response is terminated when the alarm company (designated by the alarm user) notifies the emergency communications center that there is not an existing situation at the alarm site requiring police response after an alarm dispatch request. If cancellation occurs prior to the Atlanta Police Department or the Atlanta Fire Rescue Department arriving at the scene, this is not a false alarm for the purpose of civil penalty, and no such penalty will be assessed.
Duress alarm means a silent alarm system signal generated by the manual activation of a device intended to signal a life-threatening situation or crime in progress requiring law enforcement response.
Emergency communication center means the City of Atlanta 911 Center.
Emergency dispatch means Atlanta Police Department and/or Atlanta Fire Rescue Department dispatch.
Emergency response means Atlanta Police Department and/or Atlanta Fire Rescue Department response.
False alarm means the activation of an alarm system to summon emergency personnel which occurs as a result of mechanical or electronic failure, malfunction, improper installation, or the negligence of the alarm user, his/her employees or agents, unless the request for response was cancelled by the alarm user or his/her agent before the Atlanta Police Department or the Atlanta Fire Rescue Department arrives at the alarm site. An alarm is false within the meaning of this article when, upon inspection by the Atlanta Police Department or the Atlanta Fire Rescue Department evidence indicates that no unauthorized entry, robbery, other such crime was committed, attempted, or occurred in or on the premises, which would have activated a properly functioning alarm system, or no fire occurred which would have activated a properly functioning alarm system. Notwithstanding the foregoing, a false alarm shall not include an alarm, which can reasonably be determined to have been caused or activated by violent conditions of nature, nor does it include other extraordinary circumstances not reasonably subject to control by the alarm user or alarm system. In addition, an alarm activated during an alarm system testing procedure shall not be considered a false alarm if the alarm user first notifies and receives permission from the user's alarm company, or designee, to test the system and the alarm company upon receiving such permission does not request emergency dispatch.
Local alarm means an alarm system that emits a signal at an alarm site that is audible or visible from the exterior of a structure and is not monitored by a remote monitoring facility, whether installed by an alarm company or user.
Permit year means a 12-month period beginning on the day and month on which an alarm permit is issued.
Runaway alarm means an alarm system that produces repeated alarm signals that do not appear to be caused by separate human action. Either the Atlanta Police Department or the Atlanta Fire Rescue Department may in its respective discretion discontinue responses to alarm signals from what appears to be a runaway alarm.
SIA Control Panel Standard CP-OI means the American National Standard Institute (ANSI) approved Security Industry Association (SIA) CP-OI Control Panel Standard, as may be updated from time to time, that details recommended design features for security system control panels and their associated arming and disarming devices to reduce false alarms. Control panels built and tested to this standard by Underwriters Laboratory (UL), or other nationally recognized testing organizations, will be marked to state: Design evaluated in accordance with SIA P-01 Control Panel Standard Features for False Alarm Reduction .
Verify means an attempt by the monitoring company, or its representative, to contact the alarm site and/or alarm user by telephone and/or other electronic means, whether or not actual contact with a person is made, to attempt to determine whether an alarm signal is valid before requesting the Atlanta Police Department or the Atlanta Fire Rescue Department for dispatch, in an attempt to avoid an unnecessary alarm dispatch request. For the purpose of this section, telephone verification shall require, as a minimum that a second call be made to a different number if the first attempt fails to reach an alarm user who can properly identify themselves to attempt to determine whether an alarm signal is valid before requesting emergency dispatch. (Ord. No. 2013-23(12-O-0375), § 1, 5-29-13, eff. 9-15-13)
Alarm permits.
Sec. 70-28. Alarm permits.
Government immunity.
Sec. 70-29. Government immunity.
Registration of an alarm system is not intended, to, nor does it, create a contract, duty or obligation, either expressed or implied, of response by the City of Atlanta, the Atlanta Police Department, the Atlanta Fire Rescue Department or other governmental department or agency. Any and all liability and consequential damage resulting from the failure to respond to an alarm dispatch request is hereby disclaimed and governmental immunity as provided by law is retained. By registering an alarm system, the alarm user acknowledges that emergency response may be based on factors such as availability of emergency units, priority of calls, weather conditions, traffic conditions, emergency conditions and/or staffing levels. (Ord. No. 2013-23(12-O-0375), § 1, 5-29-13, eff. 9-15-13)
Duties of an alarm user.
Sec. 70-30. Duties of an alarm user.
Responsibilities of an alarm company.
Sec. 70-31. Responsibilities of an alarm company.
Prohibited acts.
Sec. 70-32. Prohibited acts.
Enforcement of provisions.
Sec. 70-33. Enforcement of provisions.
Alarm user awareness class.
Sec. 70-34. Alarm user awareness class.
Administrative procedures.
Sec. 70-35. Administrative procedures.
appeal/
Confidentiality.
Sec. 70-36. Confidentiality.
To the extent allowed by law, information contained and gathered through the alarm registration process will be held in confidence by the City of Atlanta. (Ord. No. 2013-23(12-O-0375), § 1, 5-29-13, eff. 9-15-13)
Editor’s note—Section 4 of Ord. 2013-23(12-O-0375) states: !During the period of time between the approval of the amendments in this ordinance and September 15, 2013, the City of Atlanta shall conduct a campaign to educate the citizens of the City of Atlanta of the effects of thereof. A component of this campaign shall include outreach to the City's Neighborhood Planning Units (NPUs), but shall. not be limited thereto.!
Chapters 71—73 RESERVED Chapter 74 ENVIRONMENT* Article I. In General Sec. 74-1.
Cost recovery for reparation of damage due to hazardous material.
Secs. 74-2—74-35. Reserved.
Article II. Soil Erosion, Sedimentation, and Pollution Control Sec. 74-36. Title, authority and findings. Sec. 74-37. Definitions. Sec. 74-38. Applicability of article; exemptions. Sec. 74-39. Application and permit process. Sec. 74-40. Plan requirements. Sec. 74-41. Inspection and enforcement. Sec. 74-42. Stop work, penalties, and fines. Sec. 74-43. Minimum requirements for erosion and sedimentation control using best management practices. Sec. 74-44. Validity and liability. Sec. 74-45. Administrative appeal and judicial review. Sec. 74-46. Education and certification. Sec. 74-47. Fees. Sec. 74-48. Relationship to other laws and regulations. Secs. 74-49—74-100. Reserved.
Article III. Reserved Secs. 74-101—74-128. Reserved.
Article IV. Noise Control Sec. 74-129. Title; purpose. Sec. 74-131. Prohibited conduct. Sec. 74-132. Exclusions. Sec. 74-133. Time restrictions on landscape maintenance motorized devices. Sec. 74-134. Construction noise; loading and unloading activity. Sec. 74-135. Conditions for permits for temporary variance; notice of approval or denial; hearings and appeals. Sec. 74-136. Commercial entities near single-family residential, two-family residential, and multi-family residential zoning districts; commercial entities near mixed-use zoning districts. Sec. 74-137. Penalties. Secs. 74-138—74-160. Reserved.
Sec. 74-161. Sec. 74-162. Sec. 74-163. Sec. 74-164. Sec. 74-165.
Article V. Nuisances Jurisdiction to abate. Collection by execution of cost of abatement of nuisance. Refusal to comply with an order to abate a nuisance. Abandoned iceboxes, refrigerators, vehicles, similar devices. Disposal of fecal matter, dead animals, tainted meat, waste, similar matter.
*Cross references—Clean city commission, § 2-1876 et seq.; health and sanitation, ch. 86; indoor air, § 86-31 et seq.; solid waste, ch. 130; sewage disposal, § 154-196 et seq.; tree protection, § 158-26 et seq.
Supp. No. 90 Sec. 74-166. Obstruction of natural flow of water. Sec. 74-167. Pollution of water. Sec. 74-168. Storage of odorous commodities. Sec. 74-169. Obnoxious gases or odors. Sec. 74-170. Wells, cisterns, pits, holes. Sec. 74-171. Buildings used to sell or dispose of illegal controlled substances. Sec. 74-172. Junked motor vehicles. Sec. 74-173. Unclean vacant lot. Sec. 74-174. Graffiti abatement. Sec. 74-175. Properties where activities therein and thereon threaten the public health, safety and welfare. Secs. 74-176—74-200. Reserved.
Article VI. Flood Area Regulations Sec. 74-201. Intent and disclaimer. Sec. 74-202. Flood insurance study and maps adopted. Sec. 74-203. Definitions. Sec. 74-204. Permits required. Sec. 74-205.1. Single-family residential structures in traditional floodplain areas. Sec. 74-205.2. Multifamily residential structures in traditional floodplain areas. Sec. 74-205.3. Nonresidential structures in traditional floodplain areas. Sec. 74-205.4. Ancillary structures and infrastructure in traditional floodplain areas. Sec. 74-205.5. Standards for elevating and flood protecting structures in traditional floodplain areas. Sec. 74-206.1. Single-family structures in a historically modified floodplain areas. Sec. 74-206.2. Multifamily structures in historically modified floodplain areas. Sec. 74-206.3. Nonresidential structures in historically modified floodplain area. Sec. 74-206.4. Ancillary structures and infrastructure in historically modified floodplain areas. Sec. 74-206.5. Standards for constructing, elevating and flood protecting structures in historically modified floodplain areas. Sec. 74-207. Enforcement. Sec. 74-208. Relationship to other laws. Sec. 74-209. Indemnity agreements. Sec. 74-210. Appeal. Sec. 74-211. Letter of map change. Sec. 74-212. Proposed change in use of existing encroachments. Secs. 74-213—74-274. Reserved.
Article VI-A. Chattahoochee Trail—Proctor Creek Restoration Area Regulations Sec. 74-275. Sec. 74-276. Sec. 74-277. Sec. 74-278. Sec. 74-279. Sec. 74-280.
Sec. 74-281. Sec. 74-282. Sec. 74-283. Sec. 74-284. Sec. 74-285.
Intent, revision of policy and disclaimer. Limits of Chattahoochee Trail—Proctor Creek Restoration Area. Definitions. Permits required. Appeal. Relationship of this article to city code sections 16-23.001 et. seq. Installation of water control infrastructure. Specific standards. Installation of trails and trail structures. Relationship to other laws. Severability.
Supp. No. 90 Secs. 74-286—74-299. Reserved.
Article VII. Riparian Buffer Requirements Sec. 74-300. Title, authority, and purpose. Sec. 74-301. Findings and applicability. Sec. 74-302. Definitions. Sec. 74-303. Buffer requirements. Sec. 74-304. Stream crossing requirements. Sec. 74-305. Exemptions. Sec. 74-306. Authorized encroachments. Sec. 74-307. Technical panel. Sec. 74-308. Contents of an application for an authorized encroachment. Sec. 74-309. Technical review. Sec. 74-310. Public notice of application, public comment, and maintenance of public record. Sec. 74-311. Processing of applications for authorized encroachments. Sec. 74-312. Notice of disposition. Sec. 74-313. Appeal. Sec. 74-314. Relationships to other laws and regulations. Sec. 74-315. Nonconformities. Sec. 74-316. Buffer management and maintenance. Sec. 74-317. Enforcement. Secs. 74-318—74-320. Reserved. Sec. 74-321. Severability. Secs. 74-322—74-400. Reserved.
Article VIII. Wetland Protection Regulations Sec. 74-401. Purpose and intent. Sec. 74-402. Definitions. Sec. 74-403. Coordination with the army corps of engineers wetland permit-ting process. Sec. 74-404. Monitoring and enforcement procedures. Sec. 74-405. Severability. Secs. 74-406—74-425. Reserved.
Article IX. Illicit Discharge and Illegal Connections Division 1. Generally Sec. 74-426. Statement of findings. Sec. 74-427. Statement of policy and intent. Sec. 74-428. Definitions. Sec. 74-429. Applicability. Sec. 74-430. Compatibility with other regulations. Sec. 74-431. Responsibility for administration. Secs. 74-432—74-435. Reserved.
Division 2. Prohibitions and Notice of Violations Sec. 74-436. Prohibition of illicit discharges. Sec. 74-437. Exemptions. Sec. 74-438. Prohibition of illegal connections. Sec. 74-439. Industrial or construction activity discharges. Sec. 74-440. Access and inspection of properties and facilities. Sec. 74-441. Notification of accidental discharges and spills. Secs. 74-442—74-445. Reserved.
Supp. No. 90 Division 3. Violations, Enforcement and Penalties Sec. 74-446. Violations. Sec. 74-447. Notice of violation. Sec. 74-448. Appeal of notice of violation. Sec. 74-449. Enforcement measures after appeal. Sec. 74-450. Costs of abatement of the violation. Sec. 74-451. Enforcement. Sec. 74-452. Penalties. Sec. 74-453. Violations deemed a public nuisance. Sec. 74-454. Remedies not exclusive. Sec. 74-455. Severability. Secs. 74-456—74-500. Reserved.
Article X. Post Development Stormwater Management Sec. 74-501. Introduction. Sec. 74-502. Purpose and intent. Sec. 74-503. Definitions. Sec. 74-504. Applicability. Sec. 74-505. Designation of administrator; liability. Sec. 74-506. Compatibility with other regulations; rules etc. Sec. 74-507. Severability. Sec. 74-508. Applicability of rules, policies etc. Sec. 74-509. Permit procedures and requirements. Sec. 74-510. Stormwater consultation meeting. Sec. 74-511. Submittal requirements for stormwater management plans. Sec. 74-512. Off-site facilities. Sec. 74-513. Stormwater management standards. Sec. 74-514. High risk operation and hotspot requirements. Sec. 74-515. Single-family residential development stormwater management plan requirements. Sec. 74-516. Adoption of regulations and policies. Sec. 74-517. Stormwater management operation and maintenance agree-ments. Sec. 74-518. Performance and maintenance bonds. Sec. 74-519. Construction inspections of post-development stormwater manage-ment system. Sec. 74-520. Ongoing inspection and maintenance of stormwater manage-ment systems. Sec. 74-521. Enforcement; notice of violation. Sec. 74-522. Penalties. Sec. 74-523. Determining infeasibility. Sec. 74-524. Alternative compliance process. Sec. 74-525. Stormwater master plans. Secs. 74-526—74-600. Reserved.
Sec. 74-601. Sec. 74-602. Sec. 74-603. Sec. 74-604. Sec. 74-605. Sec. 74-606. Sec. 74-607. Sec. 74-608. Sec. 74-609. Sec. 74-610. Sec. 74-611.
Article XI. Litter Control Purpose and intent. Applicability. Compatibility with other regulations. Severability. Definitions. Unlawful disposal of litter. Distribution of handbills and unsolicited newspapers. Vehicle loads causing litter. Maintenance of litter receptacles and placement of litter. Violations, enforcement and penalties. Enforcement.
ENVIRONMENT Secs. 74-612—74-699. Reserved.