Chapters:
12.04 Streets and Sidewalks Generally
12.08 Parades and Public Gatherings
12.12 Trees and Shrubbery
12.16 Miscellaneous Regulations
12.20 Parks
Sections:
12.04.010 Encroachments on public property.
12.04.020 Obstruction of streets and sidewalks prohibited.
12.04.030 Display of merchandise on street—Prohibited—Exceptions.
12.04.040 Awnings.
12.04.050 Handbilling.
A. It is unlawful for any person to erect, maintain or permit to be erected or maintained, any encroachment or obstruction whatsoever upon, over or under the public property or ways of the city without the written permission of the governing body. The city clerk is authorized to issue permits for temporary encroachments or obstructions of public property or ways which encroachments or obstructions shall not exceed ninety (90) days.
B. If at any time it shall appear that any person is unlawfully encroaching upon, or maintaining any unlawful obstruction in any part of a public way, it shall be the duty of any law enforcement officer to give notice to the party, ordering the removal of such encroachment or obstruction; and if such encroachment or obstruction be not removed within twenty-four (24) hours after receipt of such notice, or such other reasonable time as may be designated by the governing body, it shall be the duty of the law enforcement officer to cause any such encroachment or obstruction to be summarily removed, and the cost and expense thereof shall be charged to the person maintaining the same. (Prior code § 14-12)
No person shall obstruct or otherwise interfere in any manner with the full and free flow of vehicular traffic on city streets or pedestrian traffic on city sidewalks without the prior written approval of the mayor and council of the city. (Ord. dated 5/16/05)
A. Except in accordance with subsection B of this section, no merchant or other person shall use or occupy for the display of goods, wares or merchandise of any kind any space on sidewalks or street rights-of-ways of the city.
B. The provisions of subsection A of this section shall not apply to merchants who may display goods, wares or merchandise on sidewalks and/or street rights-of-ways (but not within the actual pavement of the street) immediately adjacent to such merchant’s store premises, provided all of the following conditions are met:
1. The merchant holds a then-current license from the city for the sale of goods and merchandise of the type that will be displayed on city sidewalks or rights-of-way.
2. The merchant executes an indemnification agreement in favor of the city in form and substance satisfactory to the city and provides the city with a certificate of comprehensive general liability insurance in form and substance satisfactory to the city showing at all times during the term of such permit that the merchant is maintaining comprehensive general liability insurance that covers the city’s premises for which the permit encompasses with limits of not less than five hundred thousand dollars ($500,000.00) per occurrence.
3. The merchant shall at all times have a person in charge of the laying out of merchandise on city property and to ensure that same does not unduly restrict the flow of pedestrian traffic. The merchant must leave a minimum pedestrian walkway of no less than three feet in width completely unobstructed.
4. Merchandise may be located on city property only during such times as the merchant has a current “sidewalk sale” permit issued by the city.
5. The mayor and council shall, from time to time, adopt reasonable regulations upon the recommendation of the building and zoning department, the city manager, the Downtown Merchants Association, and other merchant associations restricting the times of day and number of days per year that permits may be issued to merchants for utilization of city property in accordance with this section. Such rules and regulations shall include the specification of a written permit for sidewalk sales (including the duration thereof and fees for) and other forms of indemnification and insurance certificates as may be recommended by city employees and the city attorney. (Prior code § 17-2)
All awnings on the streets or public square of the city shall be kept by the owners in a safe condition and in good repair. In default thereof such awnings shall be removed by the owners or by the city at the expense of such owners. (Prior code § 17-3)
Any person may hand out or distribute, without charge to the recipient thereof, any handbill, in any public place to any person willing to accept such handbill, provided that those engaged in such handbilling activities shall not engage them in such a manner so as to block any public doorway, driveway, sidewalk or street intersection or so as to unduly interfere with the flow of traffic, whether pedestrian or vehicular. Such activity shall be conducted in a manner consistent with the maintenance of public health and safety. (Prior code § 20-1601.1)
Sections:
12.08.010 Parades and public gatherings.
12.08.020 Penalty.
A. Any person, persons or groups desiring to hold a parade or public gathering upon public streets, sidewalks, or Academy Springs Park shall make application for a permit to the city not later than four p.m., two days prior to the date that such proposed activity is intended to be held or carried out. Such application shall be filed with the city clerk, who shall forward the same to the chief of police before five p.m. on the date said application is filed.
Such permit shall be granted by the chief of police, but the chief of police shall be empowered to determine and restrict the time and duration of the proposed activity, the number of units or automobiles to be involved, the number of persons to participate in such activity, and the streets or locations where such activities shall be allowed, so as not to impair the health or safety of the public generally. No distinction shall be made on the basis of the content of the message, the identification of the participants, or any other matter which does not directly and substantially impact public health and safety.
The city official considering such application shall act upon such application by five p.m. two days after such application is filed or by five p.m. on the day before the date such proposed activity is intended to be held or carried out, whichever occurs first.
Short notice provision. Notwithstanding the foregoing, the chief of police or his designee shall have the authority to issue a permit to engage in the activities described herein upon one hour’s notice. Such permit shall be granted unless the chief or his designee determines in good faith that granting of the permit on one hour’s notice presents an unreasonable risk to public health or safety. The chief or his designee shall be available on a twenty-four (24) hour basis.
B. An application and permit shall be required for each parade or public gathering, provided however, only one application and permit shall be required for each parade or public gathering.
Should the permit so granted include a restriction or restrictions, said restriction(s) and the grounds for such restriction(s) shall be stated specifically on the face of the permit granted. Any person or group whose permit has been restricted shall be notified in writing of same and shall, in such writing, be informed of the grounds for such restriction(s) and the procedure for appeal of any restriction(s). Any such restrictions shall be based on a compelling interest in public health or safety and shall be narrowly tailored to meet that end.
C. Appeal From Restriction(s). Any person aggrieved by the restriction(s) placed upon a permit shall have the right to appeal the restriction at the next regularly scheduled meeting of the city council. The city council shall act upon the appeal at such meeting.
In the event the activity for which such restricted permit has been granted is set to occur prior to the date of the next regularly scheduled meeting of the city council, the applicant shall have the option of:
1. Postponing the proposed activity until a date following the city council’s next regularly scheduled meeting during which such appeal may be considered (said date to be identified in writing to the chief of police along with written notification to the chief of police that said activity has been postponed); or
2. Filing an emergency appeal to the city manager of the city, who shall act in the place of and with all powers delegated herein to the city council as appellate body; or
3. Proceeding with the proposed activity and, thereby, accepting such restriction(s) without waiving the right to appeal.
D. On appeal, the city council (or, if applicable as set out in subsection (C)(2)), the city manager shall review all applications so appealed de novo, and shall be empowered to determine and restrict the time and duration of the proposed activity, the number of units or automobiles to be involved, the number of persons who are to participate in such activities, and the streets or locations where such activities shall be allowed to the extent reasonably necessary to ensure the safety and health of the public. No distinction shall be made on the basis of the content of the message, the identification of the participants, or any other matter which does not directly and substantially impact public health and safety. Such de novo review shall include the power to eliminate, adopt or modify restrictions placed on any permit prior to said appeal. The appellate body shall enumerate in writing the grounds for any restrictions on the permit reviewed.
E. All activities under the permit granted shall be conducted under the supervision of the person designated on the permit application as the representative of the group applying for such permit, and shall be conducted in a peaceable and orderly manner in compliance with the permit restriction(s), if any, and the laws and ordinances of the city and the state of Georgia.
F. In the conduct of any such activities upon the sidewalks or streets of the city, persons engaged in such activities shall not position themselves or place signs, shields or banners so as to block any doorway, driveway or street intersection, and shall not interfere with the general flow of traffic, whether pedestrian or vehicular.
G. For the purposes of this section, a “parade” shall be and is defined as any procession, excepting funerals, and those involving government agencies acting within the scope of their governmental functions, containing twenty-five (25) or more persons or five or more vehicles in or upon any street in the city.
H. For the purposes of this section, the term “public gathering” shall be and is defined as any event involving eight or more people acting in concert and occupying a portion of the public streets, sidewalks, or Academy Springs Park. (Prior code § 20-1601)
A wilful, knowing violation of this chapter after notice may be subject to a fine not to exceed one thousand dollars ($1,000.00) which may be enforced by the contempt powers of the recorder’s court of the city. No fine shall be assessed against any person who has not first received notice of Ordinance No. 1994-238, including the short notice provision. (Prior code § 20-1601.2)
Sections:
12.12.010 Trees, cutting or defacing.
12.12.020 Trees, shrubberies, etc., obstructing vision of drivers motor vehicles—Declared nuisance.
12.12.030 Notice to owner to remove—Duty to comply.
12.12.040 Appeal.
12.12.050 Failure of owner to comply with notice—Removal or abatement by city.
12.12.060 Sections 12.12.020 to 12.12.050 not to prohibit the erection or maintenance of buildings.
It is unlawful for any person to cut, deface or destroy any shade tree on public property in the city unless authorized by the governing body. (Prior code § 14-36)
. Any person who plants, fixes or maintains any tree, shrubbery, or any other object upon any parkway or private property within the city adjacent to the intersection of any streets in the city, which obstructs the driving vision of the operator of any vehicle is declared to be guilty of committing a nuisance. (Prior code § 20-1801)
Whenever the chief of police of the city, after investigation, shall determine that any tree, shrubbery or other object planted or fixed upon any parkway or private property in the city adjacent to a street intersection, obstructs the driving vision of the operators of vehicles passing over or through such street intersection, he shall cause to be served upon the owner or occupant of the property abutting such parkway, or the owner of the property upon which such trees, shrubbery or other objects are planted or fixed in violation of this section, a written notice requiring such owner or occupant to remove such tree, shrubbery or other object, or to trim such tree or shrubbery or reduce the height and width of other objects so as to comply with the provisions of this section. The notice herein provided for shall be served upon the owner or occupant of the property herein described and shall require the owner to comply with the directions contained in the written notice, within fifteen days after the service of the notice. Such notice may and can be served by placing a copy thereof at a conspicuous place upon the property abutting the parkway, if the offending object be thereon or upon the private property upon which the offending object may exist. (Prior code § 20-1802)
The owner of any property affected by the directions of the above notice can within the time specified in such notice appeal to the governing body of the city and until the governing body shall act upon such appeal, the appellant shall not be required to comply with the notice. (Prior code § 20-1803)
If after the service of the notice as provided in Section 12.12.030, the owner does not comply with the directions contained in the notice within the time specified, if the traffic hazard can be removed by the trimming of trees or shrubbery, the city shall trim such trees or shrubbery to such dimensions as to relieve and terminate such traffic hazard. Should it become necessary in order to relieve such traffic hazard to remove trees or shrubbery or other objects, such removal shall be made by the city. (Prior code § 20-1804)
Nothing contained in Sections 12.12.010 through 12.12.050 shall prohibit the owner of any property from erecting or maintaining the buildings or structures as permitted by any laws or ordinances of the city. (Prior code § 20-1805)
Sections:
12.16.010 Spitting upon sidewalk.
12.16.020 Advertising on light poles, etc.
12.16.030 Removing curt, materials, etc., from public property.
12.16.040 Disposing of liquids on streets and sidewalks.
12.16.050 Downspouts and drains of water on sidewalks.
All persons are forbidden to spit upon any paved sidewalk in the corporate limits of the city. (Prior code § 12-3)
No bills, cards, written or printed notices, shall be placed on tree boxes or electric light poles on the streets and parks nor on power poles within or without the city. It is unlawful for any person to cut or otherwise deface said tree boxes or any of the trees on said streets. (Prior code § 14-1)
It is unlawful for any unauthorized person to move, disturb, or take any earth, stone or other material from any public property. (Prior code § 14-33)
No occupant of any lot shall throw or discharge, or permit to be thrown or discharged, from his premises, any water or wet substance, so as to put any of the streets, lanes, or alleys, in bad order. However, any such person may get permission from the committee on streets, and may, under their direction, construct a drain or hollow pavement for such water or wet substance to pass off. (Prior code § 17-4)
In all cases where water falls upon the sidewalks from the roof of any building or shelter attached thereto, it shall be the duty of the owner thereof to prevent the same by attaching sufficient guttering, or gutter pipe, to such building, and to conduct the water to the outer edge of adjoining sidewalk, by sufficient sewer pipe, laid below the surface of the sidewalk, and to keep such guttering and sewer pipe in good order. (Prior code § 17-5)
Sections:
12.20.010 Definitions.
12.20.020 Establishment of park hours and designated parking areas.
Unless the context specifically indicates otherwise, the following terms and phrases used in this chapter shall have the meaning hereinafter designated:
“Academy Springs Park” means that municipal park located in the southeast quadrant of the city of Covington, Georgia, bounded on the north by the southern right-of-way of Conyers Street; on the east and on the south by the western and northern right-of-way of Park Circle; and on the west by the eastern right-of-way of Legion Drive, including all improvements, buildings and structures therein.
“Designated parking areas” means only the areas and parking lots within the park designated for automobile parking and such future areas as may be cleared and provided by the city of Covington and designated as a parking area.
“Park” means Academy Springs Park, as defined herein.
“Park Circle” means that municipal street and the shoulders thereof maintained as such that begins at the southern right-of-way of Conyers Street across from the southern end of Smith Street and runs in a southerly direction, thence curving and running in a westerly direction to the eastern side of the right-of-way of Legion Drive in Covington, Georgia.
“Park hours” means daily from eight a.m., until eleven p.m., and at other times only during a permitted park activity.
“Permitted park activity” means any activity or use of the park in conjunction with either the Lions Pavilion therein or the Boy Scout Hut therein for which a permit has been issued by either the Covington Lions Club or the Covington Boy Scouts of America in conjunction with the use of their respective facilities.
A. The park hours, as herein defined, are specified as the only hours that the park shall be used by the public and, accordingly, the use or otherwise being in the park at any time other than during park hours is explicitly prohibited and violation of this provision shall constitute a violation of a municipal ordinance punishable in accordance with the provisions of Section 1.12.010 of this code. Nothing contained herein, however, shall preclude a person or persons from being in the park for a permitted park activity or when escorted by a member of the Covington police department or Newton County Sheriff’s Department for the purpose of conducting an official inspection or investigation of a condition in the park or any improvements therein.
B. The parking, leaving unattended or abandonment of any motorized vehicle, including automobiles, trucks, motorcycles or similar vehicles, on Park Circle or in the park at any place other than at designated parking areas and in a designated parking space is expressly prohibited and a violation of this provision shall be punishable in accordance with the provisions of Section 1.12.010 of this code. (Prior code § 14-62)