Chapter 2.04
CITY GOVERNMENT GENERALLY
Sections:
2.04.010 Mayor and council, form of government—Term—Election—Mayor pro tem—Mayor pro tem elect—Compensation—Regular meeting dates.
2.04.010 Mayor and council, form of government—Term—Election—Mayor pro tem—Mayor pro tem elect—Compensation—Regular meeting dates.
A. The government of the city shall be vested in the mayor and six council members who shall hold their respective offices for four years and until their successors are elected and qualified, all in accordance with the provisions of Sections 22 and 47 of the Charter of the city of Covington and the Georgia Election Code, Chapter 2, Title 21, Official Code of Georgia Annotated.
B. At the first regular meeting of the mayor and council of each year, they shall elect one of their number mayor pro tem, whose term of office shall be for one year, and if a vacancy occurs, the vacancy shall be filled by the mayor and council for the unexpired term.
C. At the meeting of the mayor and council at which this subsection is enacted and thereafter at the first regular meeting of the mayor and council of each year they shall also elect one of their number mayor pro tem elect, whose term of office shall be for the year during which he or she is elected and who shall serve as mayor pro tem during the calendar year next succeeding his or her election, if he or she remains a member of the council during that year. The mayor pro tem elect shall serve as mayor pro tem in the event of the absence of the mayor pro tem, and if a vacancy occurs in the office of mayor pro tem elect it shall be filled by the mayor and council for the unexpired term.
D. The salaries of the mayor and the members of the council shall be in accordance with Section 27 of the City Charter.
E. Meetings of the mayor and council shall be held on the first and third Monday nights of each month at seven-thirty p.m., at City Hall and at such other times as shall be specially set. (Ord. dated 3/17/08 §§ 1—3; Ord. dated 10/1/01 § 2; prior code § 2-1)
Chapter 2.06
CODE OF ETHICS
Sections:
2.06.010 Intent.
2.06.020 Definitions.
2.06.030 Prohibitions.
2.06.040 Disclosure of conflicts of interest.
2.06.050 Disqualification.
2.06.060 Prohibited contracts.
2.06.070 Restrictions on contracts with former members of the governing authority.
2.06.080 Complaints.
2.06.090 Board of ethics.
2.06.100 Service of complaint; hearings and disposition of complaints.
2.06.110 Penalty and member rights.
2.06.120 Appeals.
2.06.010 Intent.
It is essential to the property administration and operation of the city that the members of its governing authority be, and give the appearance of being, independent and impartial; that public office not be used for private gain; and that there be public confidence in the integrity of the governing authority. The governing authority finds that the public interest requires that the public be protected against such conflicts of interest by the establishment of appropriate ethical standards with respect to the conduct of the members of the governing authority in situations where a conflict may exist. (Ord. dated 4/3/06 (part))
2.06.020 Definitions.
As used in this chapter, the term:
“Complaint” means a written sworn statement filed with the city clerk containing specific allegations of misconduct by a member of the governing authority; provided, however, such allegations must be filed within six months of discovery of the alleged misconduct.
“Governing authority” or “member of the governing authority” means and includes the mayor or any council member of the city and any person appointed to any board or commission of the city.
“Interest” means any direct or indirect pecuniary or nonpecuniary benefit, held by or having value to a member of the governing authority as a result of a contract, transaction or other matter that is or may be the subject of an official act or action by or with the city. A member of the governing authority shall be deemed to have an interest in transactions involving:
1. Any person in the member’s immediate family;
2. Any person with whom a contractual relationship exists whereby the member may receive any payment or other benefits unless the member is receiving a benefit for goods or services in the normal course of business for which the member has paid commercially reasonable compensation;
3. Any business in which the member is a director, officer, employee, agent, or shareholder, except as otherwise provided herein; or
4. Any person of whom the member is a creditor, whether secured or unsecured.
Pronouns used in this chapter shall be deemed to include masculine or feminine forms and singular or plural forms in order to reflect the gender or number of the affected member of the governing authority. (Ord. dated 4/3/06 (part))
2.06.030 Prohibitions.
No member of the governing authority shall:
A. By conduct, give basis for the reasonable impression that any person can improperly influence him or unduly enjoy his favor in the performance of official acts;
B. Directly or indirectly request, exact, receive, or agree to receive a gift, loan, favor, promise, or thing of value for himself or another person if it could reasonably be considered to influence the member in the discharge of his official duties;
C. Disclose or otherwise use confidential information acquired by virtue of his official position for his or another person’s private gain;
D. Use his official position to attempt to secure privileges that are not available to the general public;
E. Engage in, accept employment with, or render services for any private business or professional activity when such employment or rendering of services is adverse to and incompatible with the proper discharge of official duties;
F. Engage in any activity or transaction that is prohibited by any law now existing or hereafter enacted which is applicable to him by virtue of being a member of the governing authority;
G. Use his position as a member to request or require an employee to:
1. Do clerical work on behalf of the member, his family, business, social, church or fraternal interest when such work is not furthering a city interest,
2. Perform any work outside the employee’s normal course of municipal employment,
3. Purchase goods or services to be used for the member’s personal, business, or political purposes, and
4. Work for the member personally without paying the employee just and adequate compensation;
H. Use government property of any kind for other than officially approved activities, nor shall he direct employees to use such property for any purposes other than those approved by the governing authority;
I. Use his position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to himself or any other person or entity.
Subsection B of this section shall not apply in the case of:
1. An occasional nonpecuniary gift of insignificant value;
2. An award publicly presented in recognition of public service;
3. A commercially reasonable loan or other financial transaction made in the ordinary course of business by an institution or individual authorized by the laws of Georgia to engage in the making of such a loan or financial transaction;
4. Campaign contributions made and reported in accordance with Georgia law.
Subsection E of this section shall not apply to a member of the governing authority who is a licensed professional and appears in such professional capacity on behalf of any applicant so long as the conflicts of interest disclosures required by this chapter are made to the applicable board or commission chairperson not later than thirty (30) days prior to the action being taken, and the member is associated with the matter before such board or commission at the time the matter is initiated. (Ord. dated 4/3/06 (part))
2.06.040 Disclosure of conflicts of interest.
An appointed member of the governing authority who has an interest that he has reason to believe may be affected by his official acts or actions or by the official acts or actions of the governing authority shall disclose the precise nature of such interest by written or verbal statement thirty (30) days prior to the governing authority’s taking official action on a matter affecting such interest and shall abstain from discussion of and voting on such matter. An elected member of the governing authority shall disclose the nature of any interest he has at the time such matter is presented to the governing authority for discussion. Such written or verbal statements shall be recorded into the minutes of the meeting of the governing authority and thus become part of the public record. Following any disclosure made pursuant to this section, the member shall refrain from all ex parte communications with other members of the governing authority regarding the matter in which he has an interest. (Ord. dated 4/3/06 (part))
2.06.050 Disqualification.
A member of the governing authority shall disqualify himself from participating in any official act or action of the city which results in a pecuniary benefit to the member or a business or activity in which he has an interest, when such benefit is not available to the public at large. (Ord. dated 4/3/06 (part))
2.06.060 Prohibited contracts.
The city shall not enter into any contract involving services or property with a member of the governing authority or with a business in which a member of the governing authority has an interest. This section shall not apply in the case of:
A. Designation of a financial institution as a depository for city funds;
B. Borrowing of funds from any financial institution which offers the lowest available rate of interest in the community for such loan;
C. Contracts entered into in accordance with the exceptions set forth in Official Code of Georgia Annotated, Section 16-10-6(c);
D. Contracts entered into under circumstances that constitute an emergency situation, provided that the city manager submits a written statement explaining the emergency, to be recorded in the minutes of the governing authority;
E. Contracts entered into with a member of the governing authority, or with a business in which a member of the governing authority has an interest, provided that such contract is the result of a competitive bid, disclosure of the nature of such member’s interest is made prior to the time any bid is submitted, and a written waiver of the prohibition contemplated by this section is issued by the city manager following such disclosure. (Ord. dated 4/3/06 (part))
2.06.070 Restrictions on contracts with former members of the governing authority.
The city shall not enter into any contract with any person or business represented by such person, who has, within the preceding twelve (12) month period, been a member of the governing authority, unless the contract is awarded by a competitive bid. (Ord. dated 4/3/06 (part))
2.06.080 Complaints.
Any person having a complaint against any member of the governing authority for an alleged violation of the provisions of this chapter shall file a written verified complaint setting forth the particular facts and circumstances which constitute the alleged violation. The complaint shall be filed with the city clerk. Upon receipt of a complaint, the mayor, or, in the event the complaint is against the mayor, the mayor pro tem shall appoint three members of the city council, who, along with the city attorney, shall constitute an investigating committee which shall determine whether the complaint sets forth sufficient facts to warrant referring the matter for a hearing before the board of ethics. In the event the complaint does not set forth sufficient facts to allege an ethics violation and is found unjustified, frivolous or otherwise unfounded, it shall be dismissed and the complainant notified of the dismissal immediately. In the event the complaint is found to state sufficient facts to warrant a hearing before the board of ethics, the board shall be appointed as provided herein. (Ord. dated 4/3/06 (part))
2.06.090 Board of ethics.
A. Composition.
1. The board of ethics of the city shall be composed of five residents of the city to be appointed as provided in subsections (A)(2) and (A)(3) of this section. Each member of the board of ethics shall have been a resident of the city for at least one year immediately preceding the date of taking office and shall remain a resident of the city while serving as a member of the board of ethics. No person shall serve as a member of the board of ethics if that person has, or has had, within the immediately preceding one-year period, any interest in any contract, transaction, or official action of the city.
2. The mayor and council shall each designate two qualified citizens so as to provide a pool of fourteen (14) individuals who have consented to serve as a member of the board of ethics and who will be available for a period of two years to be called upon to serve in the event a board of ethics is appointed.
3. The city manager shall maintain a listing of the board of ethics pool. Should the investigating committee determine a complaint warrants a hearing before the board of ethics, the mayor, at the first public meeting after such determination, shall draw names randomly from the board of ethics pool until the specified five members of the board of ethics have been selected. The board of ethics thus selected shall elect one of its members to serve as chairman.
4. The members of the board of ethics shall serve without compensation. The governing authority of the city shall provide meeting space for the board of ethics. Subject to budgetary procedures and requirements of the city, the city shall provide the board of ethics with such supplies and equipment as may be reasonably necessary in the performance of its duties and responsibilities.
B. The board of ethics thus constituted shall have the following duties and powers:
1. To establish procedures, rules and regulations governing its internal organization and conduct of its affairs;
2. To hold a hearing within sixty (60) days after the complaint is filed. Failure to hold a hearing within the specified time shall result in dismissal of the complaint as to the transaction and shall prevent refiling for a period of six months from the date of filing if such complaint arises from the same incident;
3. To prescribe forms, approved by the city attorney, for the disclosures required by this chapter and to make such disclosures available to the public as required by Georgia law;
4. To make investigations, hold hearings and otherwise respond to complaints as necessary to determine whether any person has violated any provisions of this chapter;
5. To report its findings to the governing authority for such action as the governing authority may deem appropriate. (Ord. dated 4/3/06 (part))
2.06.100 Service of complaint; hearings and disposition of complaints.
The board of ethics shall cause a complaint to be served on the member of the governing authority charged with violation of this chapter as soon as practicable after the complaint is filed. Service may be made personally or by certified mail, return receipt requested. A hearing shall be held within sixty (60) days after the filing of the complaint. The board of ethics shall conduct the hearing in accordance with the procedures and regulations it establishes but, in all circumstances, the hearing shall be recorded and shall include the taking of testimony and the right of cross-examination of witnesses. The decision of the board of ethics shall be rendered to the mayor and council and written notice thereof provided to the affected parties within five days after completion of the hearing. (Ord. dated 4/3/06 (part))
2.06.110 Penalty and member rights.
A. Any member of the governing authority who knowingly violates any provision of the code established by this chapter shall be subject to public reprimand or censure by the governing authority of the city.
B. At any hearing held by the board of ethics, the member of the governing authority who is the subject of inquiry shall have the right to written notice of the allegations at least ten (10) business days before a hearing, to be represented by counsel, to hear and examine the evidence, to cross-examine witnesses and to present evidence and witnesses in opposition or in extenuation. (Ord. dated 4/3/06 (part))
2.06.120 Appeals.
Any party adversely affected by the findings of the board of ethics may obtain judicial review of such decision by filing an application for a writ of certiorari in the superior court of Newton County within thirty (30) days after the decision of the board of ethics. The filing and prosecution of such application shall proceed as provided by Georgia law codified in Title 5, Chapter 4, Official Code of Georgia Annotated. (Ord. dated 4/3/06 (part))
Chapter 2.08
MAYOR AND CITY COUNCIL
Sections:
2.08.010 Emergency powers of mayor.
2.08.020 Oath required of city officials.
2.08.010 Emergency powers of mayor.
A. The mayor shall have the right to declare an emergency to exist when, in his opinion, any one or more of the following conditions exist:
1. That there is extreme likelihood of danger of destruction of life or property due to unusual conditions.
2. Unusual or extreme weather conditions, making use of city streets or areas difficult or impossible.
3. Civil unrest, commotion or uprising is imminent or exists.
4. There is a stoppage or loss of electrical power affecting a major portion of the city.
B. After declaration of such emergency, the mayor, as chief executive, shall have the right to exercise any or all of the following powers:
1. The power to use employees of the city other than employees of the police department to assist in the safety and preservation of life, limb and property of the citizenry of the city;
2. The power to close streets and sidewalks and to delineate areas within the city wherein an emergency exists;
3. The power to impose emergency curfew regulations;
4. The power to close business establishments within the affected area;
5. The power to close any and all municipally owned buildings and other facilities to the use of the general public; and
6. The power to do any and all acts necessary and incidental to the preservation of life, limb and property of the citizenry of the city.
C. No emergency power as set forth herein may be effective for more than seventy-two (72) hours after the declaration of an emergency by the mayor. However, upon declaration of a second or further emergencies to exist the emergency powers as set forth herein may be exercised during such further emergency period or periods, but never for more than seventy-two (72) hours in one declared emergency period.
D. No emergency period shall extend beyond the next regular or special meeting of the mayor and council.
E. The declaration of an emergency as to a portion of the city shall specify with exactness the area in which the emergency is declared to exist. (Prior code § 2-1.1)
2.08.020 Oath required of city officials.
Each officer of the city council shall take and subscribe to the oath for the faithful discharge of the duties of the office, in the form prescribed by the charter for the mayor and members of council. (Prior code § 2-20)
Chapter 2.12
CITY CLERK
Sections:
2.12.010 City clerk—Appointment—Term—Removal—Oath—Bond.
2.12.020 City clerk—Duties.
2.12.010 City clerk—Appointment—Term—Removal—Oath—Bond.
There shall be a city clerk, who shall be appointed by the city manager before the first regular meeting of the mayor and council in January of each year. He shall be ex officio city tax collector, tax receiver and treasurer. He shall be appointed for a term of one year, but may be removed from office at any time at the pleasure of the city manager whenever he may deem it to the best interest of the city to so remove him. Before entering upon the duties of his office, he shall take and subscribe the oath of office and give bond in the sum of twenty-five thousand dollars ($25,000.00) conditioned for the faithful performance of the duties of his office. He shall be a citizen of the city and qualified elector thereof.
2.12.020 City clerk—Duties.
The city clerk shall attend all meetings of the governing body and make and keep an accurate and complete record of all the acts and doings of the city council, which records shall be properly indexed. He shall make and keep such books and records and make such entries therein as may be required by law and the ordinances of the city. His books and records shall be subject to the inspection of any citizen of the city at all reasonable times. He shall act as treasurer of the city when required to do so by ordinance or resolution of the city council; in such capacity he shall keep and maintain all records of the financial conditions of the city, in accordance with accepted practice of municipal accounting. He shall attend all meetings of the recorder’s court and keep the docket book thereof. (Prior code § 2-3)
Chapter 2.16
CITY ATTORNEY
Sections:
2.16.010 City attorney—Election—Salary—Duties.
2.16.010 City attorney—Election—Salary—Duties.
There shall be a city attorney appointed by the governing body at its first regular meeting in January of each year. He shall be paid such salary as shall be fixed by the governing body at the time of his election. He shall attend to all cases in which the city is a party and shall prepare all such ordinances, contracts and legal forms as may be requested of him by the governing body and do such other duties as may be incident to his office. (Prior code § 2-6)
Chapter 2.20
BOARDS, COMMISSIONS AND
COMMITTEES GENERALLY
Sections:
2.20.010 Committees.
2.20.020 Subpoena powers of council and board of tax assessors.
2.20.010 Committees.
Upon determination by the governing body that a committee or committees would facilitate the operation of the city government or would work for the general welfare of the city, the mayor shall appoint the members to any such committee or committees. The mayor shall be an ex officio member of all committees. (Prior code § 2-5)
2.20.020 Subpoena powers of council and board of tax assessors.
The city tax assessors and all council committees shall have power to issue subpoenas and compel the attendance of witnesses upon any committee meeting. (Prior code § 2-11)
Chapter 2.22
PUBLIC WORKS DIVISION
Sections:
2.22.010 Public works division created.
2.22.020 Powers and duties.
2.22.030 Administration, powers and duties.
2.22.010 Public works division created.
Pursuant to the provisions of Section 34 of the Charter of the city of Covington, there is established a public works division. (Ord. dated 3/20/06 (part))
2.22.020 Powers and duties.
The public works division shall have general supervisory authority, in matters not otherwise expressly delegated or regulated by other provisions of the city code, over the following functions or operations of the city:
A. Maintenance of vehicles and other city equipment;
B. City cemeteries and parks;
C. Engineering;
D. Maintenance of facilities and grounds comprising real property owned by the city;
E. Maintenance and operation of the land application facility;
F. Collection and disposal of garbage;
G. Stormwater and sanitary sewerage operations;
H. Water system; and
I. City streets and roads.
(Ord. dated 3/20/06 (part))
2.22.030 Administration, powers and duties.
The chief operating officer of the public works division shall be the public works director of the city. The public works director shall promulgate and enforce such written rules, regulations, standards, criteria or procedures pursuant to the authority given under this chapter as may be necessary or appropriate to carry out his duties thereunder and shall also be responsible for enforcement of ordinances of the city code relating to the functions or operations enumerated in Section 2.22.020 of this chapter. (Ord. dated 3/20/06 (part))
Chapter 2.24
BOARD OF TAX ASSESSORS
Sections:
2.24.010 Board of tax assessors—Members—Appointments—Terms—Qualifications—Duties—Compensation.
2.24.010 Board of tax assessors—Members—Appointments—Terms—Qualifications—Duties—Compensation.
There shall be a board of tax assessors which shall be composed of three members, all of whom shall be duly appointed by the mayor and council for terms of one year each, or until their successors are appointed and qualified. Each tax assessor must be a resident of this city and hold title to real estate subject to taxation by the city. It shall be the duty of the board of tax assessors to comply with the provisions of Title 3 of this code and to perform any other or further duties which may be assigned to them by the mayor and council. If at any time, and from time to time, there is no full board of tax assessors then serving, the city clerk shall be authorized and directed to fulfill the duties of the board of tax assessors as may be required by the city’s code of ordinances. The tax assessors shall receive as compensation for their services such sums as may be prescribed by the mayor and council at the time of their appointment. The city clerk shall receive no extra compensation for carrying out the duties of the board of tax assessors. (Prior code § 2-10)
Chapter 2.28
RECREATION COMMISSION
Sections:
2.28.010 Commission created—Appointment, term, vacancies.
2.28.020 Organization of commission—Regulatory powers.
2.28.030 General powers, duties of commission.
2.28.040 Appointment, compensation of director and other personnel.
2.28.050 Commission to submit budgets, accept gifts.
2.28.060 Reports by commission.
2.28.010 Commission created—Appointment, term, vacancies.
Under the provisions of the general laws of the state of Georgia, there is established a recreation commission, which commission shall have the powers, duties, responsibilities and privileges specified herein as well as specified under the provisions of Chapter 64 of Title 36, Official Code of Georgia Annotated. The official name of this recreation commission shall be as established from time to time by resolution of the mayor and council of the city and the mayor and council by resolution, are expressly authorized to include in the name of said commission words or phrases that might reflect participation in the financial backing of the commission by the governing body of Newton County, Georgia. This commission shall be composed of no fewer than five persons nor more than nine persons with the precise number to be established by resolution of the mayor and council of the city from time to time; provided however, the unexpired term of any commission member may not be terminated by the mayor and council by adoption of a resolution reducing the number of members on the recreation commission. The members of the commission shall serve without pay and shall be appointed by the mayor of Covington.
The terms of office of each of the members of the recreation commission shall be for five years or until each member’s successors are appointed and qualified except that the members of such commission first appointed shall be appointed for such terms that the term of no two members shall expire in the same year. Vacancies in such commission occurring otherwise than by expiration of term shall be filled by the mayor for the unexpired term. (Prior code § 16A-1)
2.28.020 Organization of commission—Regulatory powers.
Immediately after their appointment, the recreation commission shall meet and organize by selecting one of their members chairman and such other officers as may be necessary. The commission shall have the power to adopt by-laws, rules and regulations for the proper conduct of public recreation in the city. (Prior code § 16A-2)
2.28.030 General powers, duties of commission.
The recreation commission shall provide, conduct and supervise public playgrounds, athletic fields, recreation centers, and other recreation facilities and activities on any of the properties owned or controlled by the city or on other properties with the consent of the owners, and such authorities thereof. It shall have the power to conduct any form of recreation or cultural activity that will employ the leisure time of people in a constructive manner. (Prior code § 16A-3)
2.28.040 Appointment, compensation of director and other personnel.
The recreation commission shall have the power to appoint or designate someone to act as director who is trained and properly qualified for the work and such other personnel as the commission deems proper, and whose compensation shall be fixed by the commission. (Prior code § 16A-4)
2.28.050 Commission to submit budgets, accept gifts.
Annually, the recreation commission shall submit a budget to the city council for its approval. The commission may also solicit or receive any gifts or bequests of money or other personal property or donations to be applied, principal or income, for either temporary or permanent use for playgrounds or other recreation facilities. (Prior code § 16A-5)
2.28.060 Reports by commission.
The recreation commission shall make full and complete monthly and annual reports to the city council and any other reports from time to time as requested. (Prior code § 16A-5)
Chapter 2.32
POLICE DEPARTMENT
Sections:
2.32.010 Police department—Appointment—Salaries—Bond.
2.32.020 Police department—Rules and regulations governing.
2.32.010 Police department—Appointment—Salaries—Bond.
A. Before the first regular meeting of the mayor and council in January of each year, the city manager shall appoint a chief of police, as many regular policemen as may be deemed necessary, and a street superintendent who shall be ex officio a police officer. In addition, the city manager may at any time appoint one or more extra policemen, when deemed necessary, by reason of an emergency or unusual circumstances. All of such appointments shall continue at the pleasure of the city manager, who shall have the right and power to suspend any one of such appointees if deemed in the best interests of the city to do so; provided, however, all suspensions and removals of police officers, including the chief of police, shall be subject to the provisions of the city’s personnel ordinance and personnel policies.
B. The chief of police and all other policemen shall be under the control of the city manager; they shall be paid such salaries, however, as may be fixed by the mayor and council; and they shall be required to give bond, at the expense of the city, in such amounts as may be from time to time determined by the mayor and council, such bonds to be conditioned for the faithful performance of their duties. Extra policemen who are appointed temporarily for emergencies or unusual circumstances shall not be required to give bond. (Prior code § 2-7)
2.32.020 Police department—Rules and regulations governing.
All police officer shall be subject to the following rules and regulations:
A. They shall wear the regulation uniform as approved by governing body at all times while on duty. But this regulation shall not apply to emergency police.
B. They shall be moral and upright.
C. They shall not drink intoxicating liquors while on duty nor drink to excess at any time.
D. They shall pay their debts.
E. They shall promptly collect and turn over to the city treasurer all fines.
F. They shall promptly turn over to the treasurer all city monies collected by them.
G. They shall strictly enforce and strictly obey all of the laws and ordinances of the city.
H. They shall diligently remain on duty during such hours as they may be directed by the mayor or by the mayor and city council.
I. They shall discharge such other duties as may be in keeping with their office or may be prescribed by the governing body.
J. No policeman shall extend credit to any person for any fine imposed without first receiving the approval of the mayor. (Prior code § 2-8)
Chapter 2.36
FIRE DEPARTMENT
Sections:
2.36.010 Fire department established—Purpose—Fire chief.
2.36.020 Establishment and duties of fire prevention bureau.
2.36.030 Fire calls outside the city limits.
2.36.010 Fire department established—Purpose—Fire chief.
Pursuant to the provisions of Section 80 of the City Charter, there is established a department of the city to be known as the Covington fire department, the purpose of which shall be the prevention of fire and the protection of life and property within the corporate limits of the city. The fire department shall be headed by a person designated as the fire chief who shall be appointed by and report directly to the city manager and whose employment shall be governed by the personnel policies of the city. (Prior code § 10-1.1)
2.36.020 Establishment and duties of fire prevention bureau.
A. There is created under the supervision of the chief of the fire department of the city, the Covington fire prevention bureau. The purpose of creating the Covington fire prevention bureau is to better conserve property and safeguard human lives and to assist in the enforcement of various rules, regulations and ordinances of the city and the state pertaining to fire prevention and life safety.
B. The fire marshal in charge of the fire prevention bureau shall be appointed by the chief of the Covington fire department on the basis of examination to determine his qualifications. The appointment of the fire marshal shall continue during good behavior and satisfactory service and his employment shall otherwise be governed by the city personnel policy.
C. Except as otherwise expressly provided by the other sections of the city code and regulations adopted or promulgated thereunder, the fire prevention bureau and the fire marshal shall be charged with responsibility for the direct administration and enforcement of all codes, regulations and ordinances dealing with fire prevention and life safety, including but not limited to all provisions of this chapter. Further, the term “authority having jurisdiction” as may be used in this chapter or in any standard code adopted under this chapter shall mean the fire prevention bureau and the fire marshal thereof. As may be consistent with the intent of the provisions of this chapter, the use of the term “fire marshal” shall mean the head of the fire prevention bureau.
D. The fire prevention bureau shall investigate the cause, origin and circumstances of every fire occurring in the city by which property has been destroyed or damaged, or loss of life has occurred and, so far as possible, shall determine whether the fire is the result of carelessness or design. Such investigation shall begin immediately upon the occurrence of a fire. The fire marshal shall take charge immediately of the physical evidence, shall notify the proper authorities designated by law to pursue the investigation of such matters, and shall further cooperate with the authorities in the collection of evidence and in the prosecution of any cases. Every fire shall be reported in writing to the fire prevention bureau. Such reports shall be in such form as shall be prescribed by the chief of the fire department.
E. The fire marshal shall compile and keep a record of all fires and of all facts concerning the same including injuries, deaths, rescues of persons and statistics as to the extent of such fires and damage caused thereby. The fire marshal shall make an annual report of the activities of the fire department and the fire prevention bureau and shall transmit this report to the chief of the fire department and to the city manager. (Prior code § 10-1.2)
2.36.030 Fire calls outside the city limits.
The fire department will answer all calls outside the city limits of the city in accordance with the “Emergency Operations Procedures Outside City Limits” and with the written “‘Firefighting Mutual Aid Agreement”, as approved by the mayor, city manager and chief of the fire department. (Prior code § 10-11)
Chapter
2.40
MUNICIPAL COURT
Sections:
2.40.010 General provisions relative to court.
2.40.020 Appearance bond—Authorized.
2.40.030 Appearance bond—Forfeiture.
2.40.040 Unlawful acts—Penalty.
2.40.050 Recorder’s power to issue subpoena.
2.40.010 General provisions relative to court.
A. Court Established; Designation of Alternate Recorder. There shall be a recorder’s court in the city for the trial of all offenders against the laws and ordinances of the city and violations of state law as permitted by state statute, to be held by the city recorder in the city hall as often as necessary. In the absence or disqualification of the recorder, the mayor and council shall designate an alternate recorder who shall preside as provided by the provisions of City Charter Section 44.
B. Powers to Compel Attendance and Sentence. The recorder’s court shall have power to preserve order and to compel the attendance of witnesses and to punish for contempt as provided in City Charter Section 44. The recorder shall have full power and authority upon conviction to sentence any offender to labor upon the streets or other public works in said city for a period not exceeding six months or to impose a fine not exceeding the amount specified in city Charter Section 44, and imprisonment in the city prison or other place of confinement in said city for a period not exceeding six months, either one or more of said penalties may be imposed at the discretion of the recorder.
C. Right to Issue Warrants, Etc. The recorder shall have the right to issue criminal warrants, including inspection or search warrants; to hold preliminary trials and to fix bonds of all persons tried before him to answer for their appearance at Newton Superior Court for violations of criminal laws of this state; and to, in default of such bond, commit such offenders to jail for safekeeping (Prior code § 16-1)
2.40.020 Appearance bond—Authorized.
A. It is lawful to require of each and every person charged with violating any ordinance of said city to give a bond for his or her appearance before the recorder’s court.
B. The said bond may be made with cash or by personal solvent securities or by one or more solvent sureties signing with the person charged with violating any ordinance of said city. (Prior code § 16-2)
2.40.030 Appearance bond—Forfeiture.
When such person giving bond fails to appear at the time and place given by summons before the recorder’s court, and upon his case being called by the recorder or the presiding officer in said court and there being no appearance, the said bond shall be summarily forfeited, and the recorder shall make entry on his docket of the amount of cash deposit, or the value of the solvent securities, and the same shall be converted into the treasury of the city. And in case of sureties on bond the recorder shall issue execution against the principal and surety for the amount of such bond, besides lawful costs for same. (Prior code § 16-3)
2.40.040 Unlawful acts—Penalty.
A. It unlawful for anyone:
1. To fail or refuse to observe a lawful summons to attend the recorder’s court.
2. To be boisterous while in attendance upon the recorder’s court.
3. To express words of disparagement of and to the person presiding in said recorder’s court, or of the said court.
B. Any person found guilty of violating this section shall, on conviction before the recorder’s court, be punished according to Chapter 1.12 of this code. (Prior code § 16-4)
2.40.050 Recorder’s power to issue subpoena.
The city recorder shall have the power to issue subpoenas and to compel the attendance of witnesses in the recorder’s court and to punish, according to Chapter 1.12 of the code, for the failure to comply therewith. (Prior code § 16-5)
Chapter 2.44
ELECTIONS
Sections:
2.44.010 Registration of voters.
2.44.020 Conduct of elections.
2.44.030 Municipal election registration and qualifications to comply with state law.
2.44.040 Oath of voters
2.44.050 Voting hours.
2.44.060 Absentee voting.
2.44.070 Notice of candidacy.
2.44.010 Registration of voters.
The city shall use the voter registration list maintained by the Newton County voter registrar. Any person who is a resident of the city and who is registered as an elector with the Newton County board of registrars shall be eligible to vote in a city election (Prior code § 9-1)
2.44.020 Conduct of elections.
Newton County shall be authorized to conduct all city elections held pursuant to Chapter 2, Title 21, Official Code of Georgia Annotated, as the same may from time to time be amended, and shall perform all duties as superintendent of elections as specified under Chapter 3, Title 21, Official Code of Georgia Annotated, as the same may from time to time be amended. The city shall pay Newton County all costs incurred in performing the aforesaid functions. (Prior code § 9-2)
2.44.030 Municipal election registration and qualifications to comply with state law.
Voter and candidate eligibility, election procedures, registration procedures and other matters pertaining to municipal elections for elections within the city shall be governed by the provisions of the Georgia Municipal Election Code, Chapter 3 of Title 21, Official Code of Georgia Annotated. (Prior code § 9-3)
2.44.040 Oath of voters
All persons upon registering to vote shall take the following oath:
“You do solemnly swear (or affirm) that you are a citizen of the United States, a citizen of the State of Georgia, and a citizen of the City of Covington; that you are eighteen (18) years of age or will be by the date of the next municipal election; that you currently reside in the State of Georgia and within the corporate limits of the city of Covington, Georgia, and that you are otherwise qualified to register for municipal elections within the City of Covington, Georgia, SO HELP YOU GOD.” (Prior code § 9-4)
2.44.050 Voting hours.
The polls for municipal elections shall be open from seven a.m. until seven p.m. on the day an election is held (Prior code § 9-5)
2.44.060 Absentee voting.
All absentee voting shall be conducted strictly in accordance with the provisions of the Georgia Municipal Election Code. The Newton County registrar shall serve as absentee ballot clerk and shall perform all the duties set forth in Article 10, Chapter Title 21, Official Code of Georgia Annotated, as the same may from time to time be amended. (Prior code § 9-6)
2.44.070 Notice of candidacy.
Each candidate, except a candidate nominated by nomination petition provided for in section 21-2-171(h), Official Code of Georgia Annotated, shall file his notice of candidacy in the office of the Newton County Election Superintendent at least twenty-two (22) but not more than thirty-six (36) days prior to the election in the case of a general election, and at least fifteen (15) but not more than thirty (30), days prior to the election in the case of a special election. (Ord. dated 10/1/01 § 17; prior code § 9-7)
Chapter 2.48
RETIREMENT
Sections:
2.48.010 Mandatory retirement age for city employees.
2.48.020 Extended to city employees.
2.48.030 Authority to execute agreements.
2.48.040 Withholdings from salaries or wages.
2.48.050 Contributions by city.
2.48.060 Records.
2.48.070 Exclusion of employees not authorized to be covered.
2.48.010 Mandatory retirement age for city employees.
Each city employee, upon attaining the age of seventy (70) years, shall be retired from further employment by the city. (Prior code § 2-23)
2.48.020 Extended to city employees.
It is declared to be the policy and purpose of the city to extend at the earliest date possible under the agreement entered into by the state and the federal security administration, to the employees and officials thereof, and its instrumentalities, not excluded by law or by this article, the benefits of the system of old age and survivors insurance as authorized by the Federal Social Security Act, the State Enabling Act, and amendments thereto. In pursuance of said policy, and for that purpose, the city shall take such action as may be required by applicable state or federal laws or regulations. (Prior code § 15-1)
2.48.030 Authority to execute agreements.
The mayor, or other chief executive officer, of the city is authorized and directed to execute all necessary agreements and amendments thereto with the Employees’ Retirement System of Georgia and officials as provided for in Section 2.48.020 of this chapter to include any employees that are in positions covered by a public retirement system, in the manner by said law provided. (Prior code § 15-2)
2.48.040 Withholdings from salaries or wages.
Withholdings from salaries or wages of employees and officials for the purpose provided for in Section 2.48.020 of this chapter are authorized to be made in the amounts and at such times as may be required by applicable state or federal laws or regulations. and shall be paid over to the state agency. (Prior code § 15-3)
2.48.050 Contributions by city.
There shall be appropriated from city general fund account, funds such amounts at such times as may be required by applicable state or federal law or regulations for employer’s contributions, administrative expenses, and guaranty fund to assure that the state will not incur any debt or loss as a result of the agreement referred to in Section 2.40.030 of this chapter. Such funds shall be paid over to the Employees’ Retirement System of Georgia in accordance with regulations established by said agency. (Prior code § 15-4)
2.48.060 Records.
The city shall keep such records and make such reports as may be required by applicable state or federal laws or regulations. (Prior code § 15-5)
2.48.070 Exclusion of employees not authorized to be covered.
There is excluded from this any authority to make any agreement with respect to any position, or any employee or official not authorized to be covered by applicable state or federal laws or regulations. (Prior code § 15-6)
Chapter 2.52
EMERGENCY MANAGEMENT
Sections:
2.52.010 Definitions.
2.52.020 Office of the county emergency management director.
2.52.030 Covington-Newton County management agency.
2.52.040 Powers during an emergency or disaster.
2.52.050 Volunteers.
2.52.060 Penalties.
2.52.070 Liberality of construction.
2.52.010 Definitions.
As used in this chapter, the term “emergency management” means the preparation for and the carrying out of all emergency and disaster functions, other than those functions for which military forces or state and federal agencies are primarily responsible, to prevent, minimize, and repair injury and damage resulting from emergencies or disaster, or the imminent threat thereof, of manmade or natural origin. These functions include, without limitation, firefighting services; police services; medical and health services; rescue, engineering, warning services; communications; protection against the effects of radiological, chemical and other special weapons; evacuation of persons from stricken areas; emergency welfare services; emergency transportation; plant protection; shelter; temporary restoration of public utility services; and other functions related to civilian population, together with all other activities necessary or incidental to total emergency and disaster preparedness for carrying out the foregoing functions. (Prior code § 8-1)
2.52.020 Office of the county emergency management director.
The chairman of the board of commissioners of Newton County, with concurrence of the mayors of cities within the county, shall nominate for appointment by the governor an emergency management director for the entire county. When appointed, the emergency management director is charged with the following duties:
A. To represent the governing officials of the city on matters pertaining to emergency management.
B. To assist city officials in organizing city departments for emergency operations.
C. To develop, in conjunction with city and county departments, the Covington-Newton County plan for emergency functions set forth in Section of this chapter. Such plan will be in consonance with the Georgia Natural Disaster Operations Plan and Nuclear Emergency Operations Plan, and shall be submitted to the governing officials of the county and the cities therein for approval, and thence to the Georgia Emergency Management Agency for approval.
D. To maintain the emergency management agency and carry out the day-to-day administration of the Covington-Newton County emergency management program, including the submission of required reports to the Georgia Emergency Management Agency.
E. To submit reports, such as daily activity and financial reports, as required by governing officials in keeping with good management practices.
F. To obtain, with the authority of governing officials, a facility to be used as the Covington-Newton County Emergency operating center.
G. To coordinate the activities of the Covington-Newton County emergency operating center staff during periods of an emergency, and under the supervision of city and county governing officials. (Prior code § 8-2)
2.52.030 Covington-Newton County management agency.
A. The Covington-Newton County emergency management agency shall be established around existing city and county departments and the emergency and disaster functions described in Section 2.52.010 of this chapter are assigned as follows:
|
Department/Agency |
Functions |
|
1. Mayor (Chairman, county
commissioners) |
Direction and control |
|
2. Communications center |
Communication and warning |
|
3. Police department |
Police service evacuation |
|
4. Emergency management
agency |
Public information, State
military support training, Preliminary damage assessment and reporting, Attack
preparedness, Specific hazards |
|
5. Fire department |
Search, rescue and recover,
Fire services, Hazardous materials, Radiological protection |
|
6. Public works |
Engineering, Petroleum and
solid fuel services, Utilities |
|
7. School superintendent |
Transportation services, Food
services |
|
8. Health department |
Health and medical
services |
|
9. Clerk of Newton
Superior Court |
Administrative services,
Resources management |
|
10. Department of family
and children services |
Social services, Shelter
and temporary housing |
B. Heads of city departments listed above are responsible for assisting county department heads in developing appropriate annexes to the local emergency operations plan (EOP) for their assigned emergency functions. Such annexes will be submitted to the emergency management director for inclusion in the local EOP for submission to appropriate local officials for approval. (Prior code § 8-3)
2.52.040 Powers during an emergency or disaster.
In the event of a manmade or natural disaster, actual enemy attack upon the United States, or any other emergency which may affect the lives and property of the citizens of Covington, the mayor of Covington, separately or jointly with the chairman of the board of commissions of Newton County, or in their absences their legally appointed alternates, city manager, county administrative assistant or mayor pro tem, may determine that an emergency or disaster exists and thereafter shall have and may exercise for such period as such emergency or disaster exists or continues the following powers:
A. To enforce all rules, laws and regulations relating to emergency management and to assume direct operational control over all emergency management resources;
B. To seize, take for temporary use or condemn any private property for the protection of public;
C. To sell, lend, give or distribute all or any such property or supplies among the inhabitants of Newton County and to maintain a strict accounting of property or supplies distributed and for funds received for such property or supplies; and
D. To perform and exercise such other functions and duties, and take such emergency actions as may be necessary to promote and secure the safety, protection and well-being of the inhabitants of the county. (Prior code § 8-4)
2.52.050 Volunteers.
All persons, other than officers and employees of the city, performing emergency functions pursuant to this chapter shall serve without compensation. While engaged in such emergency functions, duly assigned volunteers shall have the same immunities as city officers and employees. (Prior code § 8-5)
2.52.060 Penalties.
Any person violating any provision of this chapter, or any rule, order, or regulation made pursuant to this chapter, shall, upon conviction thereof, be punishable for committing a misdemeanor. (Prior code § 8-6)
2.52.070 Liberality of construction.
This chapter shall be construed liberally in order to effectuate its purpose. (Prior code § 8-7)
Chapter 2.56
AIRPORT
Article 1
In General
Sections:
2.56.010 Definitions.
2.56.020 Authority of the airport manager.
Article 2
General Regulations
Sections:
2.56.030 Unauthorized operations prohibited.
2.56.040 Duty to obey regulations.
2.56.050 Release of city from liability.
2.56.060 Violators deprived of use of facilities.
2.56.070 Soliciting, signs, advertising, without permit; prohibited.
2.56.080 Garbage—Destruction of buildings, etc.
Article 3
Motor Vehicle Regulations
Sections:
2.56.090 Entering runways, etc.
2.56.100 Aircraft loading or unloading.
2.56.110 Parking vehicles on airport property.
2.56.120 Accidents to be reported to manager.
2.56.130 Negligence of vehicle operators.
Article 4
Aircraft Operations Regulations
Sections:
2.56.140 Federal Aviation Rules adopted.
2.56.150 Starting, running up aircraft engines.
2.56.160 Parking, storing, repairing aircraft.
2.56.170 Maximum time for gate position.
2.56.180 Visual inspection