Chapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Arrest Procedure
1.12 General Penalty
Sections:
1.01.010 Adoption.
A. The Covington Municipal Code, a codification of the general ordinances of the city of Covington, be and the same is enacted and adopted, superseding all other general and permanent ordinances, resolutions and motions passed by the city council prior to October 16, 2001, except such as by reference thereto herein are expressly saved from repeal or continued in force and effect for any purpose.
B. All provisions of such code shall be in full force and effect on and after adoption, and all ordinances, motions or resolutions of a general and permanent nature of the city of Covington enacted by final passage on or before October 16, 2001, and not in such code or recognized and continued in force by reference therein are repealed from and after the effective date of the ordinance codified in this section, except as hereinafter provided.
C. The repeal provided for in subsection B of this section shall not affect any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of the ordinance codified in this section; nor shall such repeal affect any ordinance or resolution of the city promising or guaranteeing the payment of money by or to the city, or authorizing the issuance of any bonds of the city, or any evidence of the city’s indebtedness, or any contract or obligation assumed by the city; nor shall such repeal affect the administrative ordinances or resolutions of the city council not in conflict or inconsistent with the provisions of such code; nor shall such repeal affect ordinances fixing positions, classifications, and salaries; nor shall such repeal affect any right of franchise granted by any ordinance or resolution of the city council to any person, firm or corporation; nor shall such repeal affect any ordinance dedicating, naming, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the city; nor shall such repeal affect the annual appropriation ordinance; nor shall such repeal affect any ordinance levying or imposing taxes; nor shall such repeal affect any ordinance providing for local improvements and assessing taxes therefor; nor shall such repeal be construed to revive any ordinance or part thereof that has been repealed by a subsequent ordinance which is repealed by this section.
D. Any and all additions or amendments to such code, when passed in such form as to indicate the intention of the city council to make the same a part thereof, shall be deemed to be incorporated into such code so that reference to the “Covington Municipal Code” shall be understood and intended to include such additions and amendments.
E. A copy of such code shall be kept on file in the office of the city clerk, and preserved in looseleaf form, or in such other form as the city clerk may consider most expedient. It shall be the express duty of the city clerk or someone authorized by him, to insert in their designated places all amendments or ordinances which indicate the intention of the city council to make the same a part of such code, when the same have been printed or reprinted in page form, and to extract from such code all provisions which may be from time to time repealed by the city council. Such copy shall be available for all persons desiring to examine the same and shall be considered the official Covington Municipal Code. (Ord. dated 11/18/02 §§ 1—5)
Sections:
1.04.010 Rules of construction.
1.04.020 Catchlines of sections.
1.04.030 Effect of repeal of ordinances.
1.04.040 Severability of parts of code.
1.04.050 Amendment to code—Effect of new ordinances—Amendatory language.
1.04.060 Altering code.
In the construction of this code, and of all ordinances, the following rules shall be observed, unless such construction would be inconsistent with the manifest intent of the governing body:
City. The words “the city” or “this city” mean the City of Covington, Georgia.
City Code. The reference to city code shall mean the code of Ordinances of the city of Covington, Georgia, as amended from time to time.
County. The words “the county” or “this county” mean the county of Newton, Georgia.
Gender. A word importing the masculine gender only shall extend and be applied to females and to firms, partnerships and corporations as well as to males.
Governing Body. Whenever the words “governing body” are used, they mean the mayor and council of the city of Covington, Georgia.
Number. Words used in the singular include the plural, and the plural includes the singular number.
Oath. The word “oath” shall be construed to include an affirmation in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” shall be equivalent to the words “affirm” and “affirmed.”
Or, and. “Or” may be read “and,” and “and” may be read “or” if the sense requires it.
Other officials or officers, etc. Whenever reference is made to officials, boards, commissions, departments, etc., by Title only i.e., “city clerk,” “chief of police,” etc., they shall be deemed to refer to the officials, boards, commissions and departments of the city of Covington, Georgia.
Person. The word “person” shall extend and be applied to firms, partnerships, associations, organizations and bodies politic and corporate, or any combination thereof, as well as to individuals.
“Signature” or “subscription” includes a mark when the person cannot write.
States. The words “the state” or “this state” shall be construed to mean the state of Georgia.
Street. The word “street” shall be construed to embrace streets, avenues, boulevards, roads, alleys, lanes, viaducts and all other public streets and ways in the city and shall embrace all parts thereof constituting the designated right-of-way. (Prior code § 1-2)
The catchlines of sections of this code printed in boldface type, italics, or otherwise are intended as mere catchwords to indicate the contents of the section, and shall not be deemed or taken to be titles of such sections, nor as any part of the section, nor, unless expressly so provided, shall they be so deemed when any of such sections, including the catchlines, are amended or re-enacted. (Prior code § 1-3)
The repeal of an ordinance shall not revive any ordinances in force before or at the time the ordinance repealed took effect.
The repeal of an ordinance shall not affect any punishment or penalty incurred before the repeal took effect, nor any suit, prosecution or proceeding pending at the time of the repeal, for an offense committed under the ordinance repealed. (Prior code § 1-4)
It is declared to be the intention of the governing body that the sections, paragraphs, sentences, clauses and phrases of this code are severable, and if any phrase, clause, sentence, paragraph, or section of this code shall be declared unconstitutional by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this code. (Prior code § 1-5)
All ordinances passed subsequent to this code which amend, repeal or in any way affect this code, may be numbered in accordance with the numbering system of this code and printed for inclusion therein. When subsequent ordinances repeal any chapter, section or sub-section or any portion thereof, such repealed portions may be excluded from said code by omission from reprinted pages.
Amendments to any of the provisions of this code should be made by amending such provisions by specific reference to the section of this code in substantially the following language: That section ___________ of the Code of Ordinances of the City of Covington, Georgia is hereby amended to read as follows:_______________ (Set out new provisions in full) ___________________.”
When the governing body desires to enact an ordinance of a general and permanent nature on a subject not heretofore existing in the code which the governing body desires to incorporate into the code, a section in substantially the following language shall be made a part of the ordinance:
“Section _____________It is the intention of the governing body, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of Ordinances of the City of Covington, Georgia, and the sections of this ordinance may be re-numbered to accomplish such intention.”
All sections, articles, chapters or provisions of this code desired to be repealed should be specifically repealed by section or chapter number, as the case may be. (Prior code § 1-6)
It unlawful for any person in the city to change or amend by additions or deletions, any part or portion of this code, or to insert or delete pages or portions thereof, or to alter or tamper with such code in any manner whatsoever which will cause the law of the City of Covington, Georgia, to be misrepresented thereby. Any person violating this section shall be punished as provided in Chapter 1.12 of this code. (Prior code § 1-7)
Sections:
1.08.101 Handling of prisoners—Disposition of weapons and stolen property.
1.08.020 Authority of officers to arrest for violation of state laws.
All persons taken into custody by the city police department shall be treated courteously and in such a manner as to always ensure that the rights of such persons are not in any way violated. Stolen property received by the police department and weapons seized shall be disposed of in accordance with state law in such a manner as to ensure the constitutional rights of all parties having an interest therein. The chief of police shall be responsible for establishing policies and procedures to ensure detailed records for the inventory of property received and reflecting the disposition thereof. The proceeds of all sales of confiscated property shall be turned over to the city treasury. (Prior code § 2-8.1)
Any person who commits any offense against the penal laws of this state within the city limits and in the presence of a police officer shall be arrested by such officer and carried before a justice of the peace or other proper officer for examination; and if such police officer is ordered by the mayor or any member of the city council to arrest such offender, it shall be the duty of the officer to do so and to prosecute the same. (Prior code § 2-9)
Sections:
1.12.010 General penalty.
Whenever in this code or in any ordinance of the city any act is prohibited or is made or declared to be unlawful or an offense, or whenever in such code or ordinance, the doing of any act is required or the failure to do any act is declared to be unlawful, where no specific penalty is provided therefor, the violation of any such provision of this code or any ordinance shall be punished by a fine not exceeding one thousand dollars ($1,000.00), by confinement or confinement at labor for a term not exceeding thirty (30) days, any or all of such penalties in the discretion of the municipal judge. (Ord. dated 10/1/01 § 1; prior code § 1-8)