CITY OF HAMPTON MAYOR AND CITY COUNCIL REGULAR SESSION AGENDA November 12, 2024, 6:30 P.M. COUNCIL CHAMBER, CITY HALL 171 EAST MAIN STREET SOUTH, HAMPTON,GA  1.  Opening Ceremonies. A. Call to Order. St. Hampton  B. - Invocation by Pastor Herman Mason of Southside Christian Fellowship, 7 McDonough  C.P Pledge of allegiance to the flag.  2.  Presentation and Approval of City Council Agenda A. Regular Session Meeting Agenda for November 12, 2024 Presentation and Approval of City Council Minutes  3.  A. Public Hearing Summary Minutes and Regular Session Summary Meeting Minutes for  October 8, 2024.  4.  Acknowledgement of Guest (s) Proclamations, Resolutions, and Plaques.  NONE Public Comments Youth Council Update City Manager's Update  5. 6. 7.  8. Unfinished Business  A. Consideration and action of Ordinance No. 2024-22(Second Read) to authorize the City of Hampton to maintain the Thompson Family Cemetery.    9. Consent Agenda  A. Consideration and action to Amend Part II- Code of Ordinance, Chapter 54 Offenses and Miscellaneous Provisions. Article III, Nuisances.  Ordinance No. 2024-20 (Second Read)  B. Consideration and action to amend an Ordinance No. 2024-21; Part II- Code of Ordinance, Chapter 70 - Solid Waste Collections. Second Read C. Consideration and action of Resolution 2024-44 nullifying Resolution 2020-14 passed on May 12, 2020, and Resolution 2020-30 passed on October 13, 2020 approving the City ofHampton no longer providing shift differential pay for night  and weekends for Police Department employees.  D. Consideration and action of Resolution 2024-45 authorizing Office oft the City Clerk to dispose ofs six (6) vehicles, two (2) tractors, five (5) mowers, two (2) backhoes, and one (1) belt press on a trailer, through online auction using government surplus auctions (govdeals.com) or any other means of disposal in  accordance with the City's ordinances.  End of Consent Agenda  10. New Business  A. Consideration and action on the adoption of Ordinance 2024-23 (First Read); to amend the Hampton Code of Ordinance Chapter 22 - BUSINESS REGULATIONS. ARTICLE II. OCCUPATIONTAXES.  B. Consideration and action on the adoption Ordinance 2024-24 (First Read); to amend the Hampton Code of Ordinance Chapter 6 - ALCOHOLIC BEVERAGES, ARTICLE II. ALCOHOL LICENSE REQUIRED. AND ARTICLE III. TAXES. C. Consideration and action of Ordinance 2024-25 (First Read) authorizing the Finance Director to amend the FY25 budget reflecting a donation totaling $31,000 from the Hampton Youth Club (HYC) for the purposes ofi improvements to be made D. Consideration and action of Ordinance 2024-26 (First Read) authorizing the Finance Director to amend the FY24 budget to achieve a balanced budget.  to Coley Park.    11. Positive Happenings  12. Executive Session for the purpose oflegal, personnel, real estate, and/or Cyber  Security. 13. Adjournment  ADA Compliance: Individuals with disabilities who require certain accommodations to allow them to observe and/or participate int this meeting, or whol have questions regarding the accessibility oft thei meeting, ort the facilities are required to contact the City Clerk at 770-946-4306 promptly on the Thursday before to allow the city tor make reasonable accommodations for those persons.    CITY OF HAMPTON MAYOR AND CITY COUNCIL REGULAR SESSION. AGENDA October 8, 2024, 6:30 P.M. COUNCIL CHAMBER, CITY HALL 171 EAST MAIN STREET SOUTH, HAMPTON,GA  Present: Mayor Ann Tarpley, Councilmembers: Kesha White-Williams, Marty Meeks, Willie Turner, Pamela Duchesne, Devlin Cleveland (tardy 6:34). ABSENT: Mayor Pro-Tem Staff: City Manager Alex Cohilas, Deputy City Clerk/Executive Assistant to the City Manager Carmen Blount, Community Development Director Wand Moore, Planner II Tiffany Dobbins, Human Resources Director Andrea Atwater, Interim Public Works Director Justin Conner, Police ChiefJames Turner, Executive Assistant to the ChiefofPolice Samantha Kingsley, Main Street Director Kenda Woodard, Main Street Coordinator Tova  Sheila Barlow  Treadwell, City Attorney L'Erin Wiggins.  1.  Opening Ceremonies. A. Call to Order.  ACTION: Mayor Tarpley called the meeting to order at 6:30 p.m.  B. Invocation by Pastor George P. Lanier of] Hampton United Methodist, 10 W. Main Street,  Hampton, GA 30228  ACTION: Pastor Lanier led the invocation C.P Pledge ofallegiance to the flag.  2.  Presentation and Approval of City Council Agenda A. Regular Session Meeting Agenda for October 8, 2024  ACTION: Approval to amend the Agenda MOTION: Councilmember Meeks SECOND: Councilmember White-Williams PASSED: (5-0) Unanimous  ACTION: Approval to approve the regular session meeting for October 8, 2024  MOTION: Councilmember Meeks    SECOND: Councilmember White-Williams PASSED: (5-0) Unanimous  3.  Presentation and Approval of City Council Minutes  A. Public Hearing Summary Minutes and Regular Session Summary Meeting Minutes for September 10, 2024. Special Called Public Hearing and Special Called Regular Session Meeting Minutes for September 18, 2024. Special Called Regular Session Meeting  Minutes for September 26, 2024  ACTION: Approval to approve Public Hearing Summary Minutes and Regular Session Summary Meeting Minutes for September 10, 2024. Special Called Public Hearing and Special Called Regular Session Meeting Minutes for September 18, 2024. Special Called  Regular Session Meeting Minutes for September 26, 2024  MOTION: Councilmember Cleveland SECOND: Councilmember Meeks PASSED: (5-0) Unanimous  4.  Acknowleagement of Guest (s) Proclamations, Resolutions, and Plaques. A. The Police Department Command Staff (ChiefTurner, Capt. Brownlee and Lt. Arnold) will receive an award for achieving the FBI/LEEDA Trilogy Award  Presented by Executive Director Jacques Battiste.  5.  Public Comments  Dawn Greer 20 McDonough Street read a law about elections for the councils information  since the elections are approaching. Mayor Tarpley closed Public Comment at 6:47  6.  Youth Council Update  Mayor Tarpley announced that we have 5 return Youth Council members and 5 new Youth Council members. The 10 individuals will be introduced at the November meeting.  7. I. II.  City Manager's Update Police update  Intro ofOfficer Sully, Officer Nickerson, Officer Reynolds and Officer Pope  Public Works Update Elm Street    III. Mainstreet  Eats and Beats Jazz Concert  Intro to Tova Treadwell Mainstreet Coordinator Intro Mrs. Marquita Harris-Walton  IV. Hurricane Helene Relief  8. Consent Agenda  ACTION: Motion to approve Consent Agenda MOTION: Councilmember Cleveland SECOND: Councilmember White-Williams APPROVED: (5-0) Unanimous  A. Consideration and action of Resolution 2024-39, a resolution to approve the B. Consideration and action of Resolution 2024-40, a resolution to approve the job C. Consideration and action on the adoption of Resolution 2024-41, al resolution to D. Consideration and action of Resolution 2024-42, a resolution to approve the City ofH Hampton will no longer absorb the credit cards fees from the public.  organizational chart for the City ofHampton government. descriptions for the City ofl Hampton government.  approve the pay scale for the City of Hampton government.  End of Consent Agenda  9. New Business.  ACTION: Motion to approve New Business MOTION: Councilmember Turner SECOND: Councilmember White-Williams APPROVED: (5-0) Unanimous    A. Consideration and action to Amend Part II- Code of Ordinance, Chapter 54 Offenses and Miscellaneous Provisions. Article HI, Nuisances.  Ordinance No. 2024-20  ACTION: Motion to approve Ordinance No. 2024-20 MOTION: Councilmember Turner SECOND: Councilmember White-Williams APPROVED: (5-0) Unanimous  B. Consideration and action to Amend Part II- Code of Ordinance, Chapter 70- Solid  Waste. Ordinance No.2024-21  ACTION: Motion to approve Ordinance No. 2024-21 MOTION: Councilmember White-Williams SECOND: Councilmember Cleveland APPROVED: (5-0) Unanimous  C. Consideration and action of Ordinance No. 2024-22, to authorize the City of  Hampton to maintain the Thompson Family Cemetery.  ACTION: Amend to Thompson Family Cemetery/Rutherlord Cemetery and change  address to 88 East Main Street Hampton, GA 30228  MOTION: Councilmember Meeks SECOND: Councilmember Cleveland APPROVED: (5-0) Unanimous  ACTION: Motion to approve Ordinance No. 2024-22 with amendments  MOTION: Councilmember Meeks SECOND: Councilmember Cleveland APPROVED: (5-0) Unanimous  AMENDED AGENDA ITEM: Resolution 2024-43  D. Consideration and action to adopt Resolution 2024-43 to pursue the referenced Land and Water Conservation Fund (LWCF) Program grant to assist organizations with acquiring lands and developing and renovating  outdoor recreation facilities.  ACTION: Consideration and Action to adopt Resolution 2024-43 to pursue the referenced Land and Water Conservation Fund (LWCF) Program grant to assist organizations with acquiring lands and developing and renovating outdoor recreation facilities.    MOTION: Councilmember Cleveland SECOND: Councilmember Meeks APPROVED: (5-0) Unanimous 10. Positive Happenings.  11. Executive Session for the purpose ofl legal, personnel, real estate, and/or Cyber  Security.  ACTION: Motion to move into Executive Session MOTION: Councilmember Meeks SECOND: Councilmember Cleveland APPROVED: (5-0) Unanimous  ACTION: Motion to come out of Executive Session  MOTION: Councilmember Meeks SECOND: Councilmember Cleveland APPROVED: (5-0) Unanimous 12. Adjournment. ACTION: Motion to adjourn MOTION: Councilmember Meeks SECOND: Councilmember White-Williams APPROVED: (5-0) Unanimous ADJOURNED at 7:48p.m.  ANN N. TARPLEY, MAYOR  CARMEN BLOUNT, DEPUTY CITY CLERK  ADA Compliance: Individuals with disabilities who require certain accommodations to allow them to observe and/or participate int this meeting, or whol have questions regarding the accessibility oft the meeting, or the facilities are required to contact the City Clerk at 770-946-4306 promptly ont the Thursday before to allow the city tor make reasonable accommodations for those persons.    Fo 2 00  9A  /s9ls  3  NN -  R-o   5u NN 4 co5 6  9 C LA o  0O D0    Type of Request  ITEM# # 8A  City of Hampton LEGISLATVESUMMARY  Declaration to Maintain Thompson Family Cemetery ORD 2024-22 (Second Read) Department Requesting Agendal Item  SEORGIE Meeting! Date: 11/12/2024 Action' Type: Action by City Council  Public Works  Exhibit Attachments si for Agendal Item: 1) Plots and background of Cemetery  Fori inforationaldiscussion purposes only  2) 3) 4) 5) 6)  Presenter: Alex Cohilas Agendal Item:  A. Consideration and action on Ordinance 2024-22 (Second Read) authorizing the  city to maintain the Thompson Family Cemetery.  ackground/Summary:  To allow the Public Works Department to clean and maintain the Thompson Family Cemetery located at 84 East Main Street. The Cemetery has been abandoned and is need of repair and upkeep. O.C.G.A. 36-72 provides provisions the municipalities may care for abandoned  cemetery.  Financial mplcatonsConsceratons -Is project budgeted? -Willp project require the use of Fund Balance? Ify yes, please state amount $ -Will the project require funds? -Is project grant funded and will require a and those funds arelare not budgeted.  Y  NX NX Y NX Y NX Y NX  %r match  -Is this request a Capital Project and part of Capital Project List?  Additional Comments/Recommendations schedule same as right of ways.  There will be no financial implications to the city as the cemetery will be maintained on a    CITY OFI HAMPTON STATE OF GEORGIA  ORDINANCE NO. 2024-22  AN ORDINANCE TO AUTHORIZE THE CITY OF HAMPTON TOI MAINTAIN THE THOMPSON FAMILY aka  RUTHERFORD CEMETERY IN ACCORDANCE WITH O.C.G.A. 36-72-3  WHEREAS, the Mayor and Council are the governing body oft the City of Hampton, Georgia; and WHEREAS, there exists in the City of Hampton, Georgia, a cemetery currently known as the WHEREAS, the City has determined that the Thompson Family Cemetery/Rutherford Cemetery is abandoned as defined by OCGA 36-72-2, which provides that an "abandoned cemetery" is a cemetery which: shows signs of neglect including, without limitation, the unchecked growth of vegetation, repeated and unchecked acts of vandalism, or the disintegration of grave markers or boundaries and for which no person can be found who is legally responsible and financially capable of the upkeep of such  Thompson Family Cemetery or the Rutherford Cemetery; and  cemetery;and  WHEREAS, pursuant to OCGA 36-72-3, municipalities, anywhere within the municipal boundaries, are authorized to preserve and protect any abandoned cemetery or any burial ground which the municipality determines has been abandoned or is not being maintained by the person who is legally responsible for its upkeep, whether or not that person is financially capable of doing SO and to expend public money to provide for reimbursement of such funds by billing any legally responsible person or  levying upon any of his property as authorized by local ordinance; and Family/Rutherford Cemetery in a clean and quality condition; and  WHEREAS, the City desires to exercise its authority to preserve and protect the Thompson WHEREAS, in OCGA 36-72-2, to "preserve and protect" means to keep safe from destruction, peril, or other adversity and mayi include the placement ofs signs, markers, fencing, or other such appropriate features so as to identify the site as a cemetery or burial ground and may also include the cleaning, maintenance, and upkeep of the site SO as to aid in its preservation and protection; and WHEREAS, the Mayor and Council resolve that the City of Hampton, Georgia will be responsible for the preservation and protection of the Thompson Family/Rutherford Cemetery to enhance and  preserve the appearance and dignity of said Cemetery.  BEITHEREBY ORDAINED,  Section 1. The City of Hampton, Georgia has declared the Thompson Family/Rutherford Cemetery as an Section 2. The City of Hampton is hereby authorized by the Mayor and Council to preserve, protect, and  abandoned cemetery.  maintain the Thompson Family/Rutherford Cemetery.  1    Section 3. The authority to preserve and protect the Thompson Family/ Rutherford Cemetery shall be  effective immediately. THIS day of  2024.  CITY OF HAMPTON, GEORGIA:  ANN TARPLEY, Mayor  ATTEST:  CARMEN BLOUNT, Deputy City Clerk APPROVED ASTO FORM:  L'ERIN BARNES WIGGINS, City Attorney First Reading: 10/8/24 Second Read/ Adoption:  2    Thompson Family Cemetery 84 (88) East Main Street Hampton, GA3 30228  3  ENCLOSED3GRAVE SPACE)  X  4?  5  6  7  8  1@  11  12]  13  14  15]  16]  17  This is an old family cemetery that was for many years overgrown and forgotten. The current owner of the property is David Adams and he has cleaned all the brush and over growth away to reveal at least 17 graves that are identifiable. The last  burial appears to have occurred in 1927 and is shown as Space 3 above.  The spaces are identified on the following page. Compiled October, 1996, Joe Tumer, Hampton, GA  Page 1  See ARMCHAIR RESEARCHER, 1982 vol. 3, #2 PAGE 66    Thompson Family Cemetery 84 (88) East Main Street Hampton, GA 30228  1 NANCY THOMPSON, DIED 3-8-1898, 96 YEARS OF AGE, MOTHER 2. JAMES THOMPSON, DIED 6-21-1883, 78 YEARS OF AGE, FATHER  3 MRS. LIZZIE PRICE, 12-15-1852-6 6-10-1927  4 UNMARKED, PROBABLE SPACE OF OFFIE H. THOMPSON (SEE X)  5B.W.T. (SEE X) 6S.E.T.( (SEE X)  X: AFOUR: SIDED MARKER WITH NAMES ON EACH SIDE: WEST) OFFIE H. THOMPSON, 6-24-1868 -- 1-22-1873 NORTH) WILLIAM W. THOMPSON, 7-26-1866 = 6-10-1887 EAST) OSCARI BALLARD, 3-26-1858--6 6-30-1891 SOUTH) BRITTON W. THOMPSON, 821842-4-11-1883 SOUTH) SARAH E. THOMPSON, 3-28-1832- 11-24-1885  70SCAR BALLARD (SEE X) 8 W. W. T (SEE X) 91 NO NAME  10 WILLIAM B. PIERCE, 5-1-1839 = 3-19-1894 11 SMALL HEADSTONE WITH WBP ON TOP  (WAS ONHAMPTON CITY COUNCIL: AND ALSO OWNED ONE OF THE SALOONS)  12NONAME 13NONAME  14 GEORGE R. THOMPSON, 11-29-1829 - 4-1-1863 15 FANNIE B. THOMPSON, 1-10-1862-1 10-9-1862 16. JAMES W. L. THOMPSON,93-1860-9-28-1861  17 UNMARKED SPACE  Page 2    Type of Request ORD 2024-20 Second Read  ITEM# 9A  City of Hampton LEGISLATIVE SUMMARY  GEORGIE Meeting Date: November 12, 2024 Action Type: Action by City Council Presenter:  Department Requesting Agenda Item  Community Development Department Exhibit Attachments si for Agendal Item:  Fori informationaldiscussion purposes only  1) ORD'2024-20 2) 3) 4) 5) 6)  Wanda D. Moore, PLA, Director  Agenda Item:  Item 9A. Consideration and action to amend Chapter 54. Offenses and Misc. Provisions. Article  II. Nuisances. of the City of Hampton Code of Ordinances. Second Read.  Backgroundsummay:  The Chief of Police has requested an amendment tot the toi introduce a means to identify and quantify noise levels int the classification of a nuisance. Chief Turner has researched codes from neighboring jurisdictions and sound level meters that would measure decibels. The proposed changes include specific decibel limits, when measured at or beyond property boundaries. Additionally, the amendment outlines certain activities and sources of nuisances currently not enumerated and/or 2023 O.C.G.A. Title 41-Nusiances. updates. This initiative aims to improve and ensure better compliance within our community regarding nuisances. The first read for the ordinance took place on October 8th and  passed with a 5-0.  Financial mplcatonsConscerations -Is project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -Is project grant funded and will require a and those funds arelare not budgeted.  Y_ Y Y Y  Nn/a Nn/a Nn/a Nnla Nn/a  % match  -Is this request a Capital Project and part of Capital Project List? Additional CommensRecommenditons  The Community Development Department recommends approval of the proposed text amendment, finding it reasonable and in the public interest as it aligns local ordinances with  applicable state law.    STATE OF GEORGIA CITY OF HAMPTON  ORDINANCE NO. 2024-20  AN ORDINANCE TO AMEND HAMPTON CODE OF ORDINANCES, PARTI I- CHAPTER 54, ARTICLE III - NUISANCES, SECTION 54-61 THROUGH 54-90 BE REPEALED AND REPLACED; TO PROVIDE FOR AN ADOPTION AND EFFECTIVE  DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES. THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS:  Section 1.  That Section PARTI I- CHAPTER 54, ARTICLE III - NUISANCES, SECTION 54-61 THROUGH  54-90 be repealed and replaced. 54-90 as replaced shall read:  Section 2. That Section PARTI- CHAPTER 54, ARTICLE III - NUISANCES, SECTION 54-61 THROUGH  Sec. 54-61. Acts constituting nuisances designated.  (a) A"nuisance" is anything that works hurt, inconvenience or damage to another, and the fact that the act done may otherwise be lawful shall not keep iti from being a nuisance. Thei inconvenience complained of shall not be fanciful, or such as wouid affect only one of fastidious taste, but it shall be such as would (b) Nuisances are either public or private. A public nuisance is one which damages all persons who come within the sphere of its operation, though it may vary ini its effects on individuals. A private nuisance is (1) Ap public nuisance generally gives no right of action to anyi individual. However, ifaj public nuisancei is which the public does not participate causes special damage to an individual, such special damage a. Private citizens may not generally interfere tol have a public nuisance abated. A complaint must be filed by the district attorney, solicitor-general, or city attorney on behalf of the public. However, a public nuisance may be abated upon filing of a compliant by any private citizen This applies to any event hosted by a promoter or an organizer that is not properly permitted by the city that results in a public nuisance thati impedes travel by police, fire service, emergency medical services personnel, or other public safety personnel, or employees or officials of local, state, or federal governments acting in their official Where the district attorney, solicitor-general, or city attorney on behalf of the public files a complaint pursuant to subsection (a) of this Code section and the complaint includes astatement that the conditions set forthi inj paragraph (i) oft this subsection have been satisfied, he or sher may seek in such complaint andi recover on behalf oft the public from a promoter or organizer of the unpermitted event reimbursement of all expenses incurred byt the city associated with publics safety, including, but not limited to, costs and  affect an ordinarily reasonable person.  one limited ini itsi injurious effects to one ori fewi individuals.  shall give right ofa action.  speciallyi injured. i.  capacities.  ii.  ORD. 2024-20  (Supp. No. 15)  Page 1of5    fees for thep provision oft traffic control, supplementall law enforcement, fires suppression services, emergency medical technician or paramedic: services, ands sanitation services.  (2) Aprivate nuisance mayi injure either a person orp property, or both, andf fort that injuryar right of action accrues to thep person whoi isi injured or whose property is damaged. a.A private nuisance may be abated upon filing of a petition by the person injured.  (c) Fort thep purpose of this article, a nuisance shalli include, but not be limited to, thef following descriptive terms:  (1) Stagnant water on premises;  (2) Obnoxious vegetation which is defined toi include:  a. Any dead or decaying matter, weeds, vegetation or any fruit, vegetable, animal or rodent, upon premises whichi is odorous or capable of causing disease ora annoyance tot the inhabitants oft the b. Trees, shrubs or other plant materials which, if they should fall, would present a safety hazard to C.A Any vegetation which presents a sight distance safety hazard to motorists using either public or d.A Any vegetation which, because ofi its characteristics of growth, spreads onto adjacent property and e.Any vegetation that restricts thet fullf functionality or obscures access of doorways, windows, vents, chimneys, and structural openings constructed for ventilation and/or access; f.Any grass or weeds on vacant lots in platted subdivisions or on parcels less than one (1) acre which lie adjacent to orb between other one-acre orl less parcels, whenever more thani fifty (50) percent of the lot orp parcel contains vegetation which exceeds eight (8) inches in height; and g. Any weed, grass, lawn, or vegetation on any portion of a developed lot or parcel of land in excess (3) Any condition which provides harborage for rats, mice, snakes, mosquitoes, house flies, or any other (4) The generation of dense smoke, offensive fumes, gas, soot or cinders ins sufficient amount to cause odor (5) The! pollution of publicw water ort thei injection of matteri into thes sewage: system which would! be damaging  city;  adjacent public or private property; private streets or driveways; cannot be controlled;  ofeight (8) inches in height.  vermin ori insects;  or annoyancet tot the inhabitants of the city;  thereto;  (6) Maintaining a dangerous or diseased. animal or fowl; (7) Obstruction of a public street, highway or sidewalk without: a permit;  (8) Loud or unusual noises as defined in section 54-9 et. seq., which are detrimental or annoying to the public, including without limitation, unusual loud disturbances above ambient levels greater than 60dB(A) between thel hours of11:00, pmto7:00 ama and 70 dB(A) between thel hours of 7:00 am to 11:00 pm whenr measured at or outside thep properyboundayutlang. at minimum, Typez 2sound level meter; (10) The occupancy of dwellings or other buildings or structures which are unfit for human habitation or for commercial, industrial, or business occupancy or use andr not in compliance with applicable building and  (9) All walls, trees and buildings that may endanger persons or property; life safety codes. Such conditions mayi include the following:  ORD. 2024-20  (Supp. No.15)  Page 2of5    a. Defects therein increasing the! hazards of fire, accidents, or other calamities; b. Lack of adequate ventilation, light, or sanitary facilities;  C.D Dilapidation; d. Disrepair; e. Structural defects; and f.Uncleanliness  (11) Anyl business or buildingy wherei illegal activities arel habitually and commonly conductedi ins suchar manner as tor reasonably: suggest that the owner or operator of thel business or building was aware oft thei illegal (12)Unused iceboxes, refrigerators and thel like unless the doors, latches or locks thereof are removed; (14) Any person who possesses, harbors or is in charge of any animal who does not immediately remove excrement deposited byt the animal on any property othert than their own property. Its shall be the duty ofany person having custodya and control ofa any animal, while not ont their own property, tol havei int their possession a means for the picking up andr removal of animal excrement. The provisions of this section shall not apply to any animal aiding the handicapped (e.g. guide dogs) or to an animal when in police or (15) Any building, structure or other place or location where any activity which isi in violation of local, state or  activities and failed to reasonably: attempt to prevent those activities; (13) Junked motor vehicles as defined ins section 42-131 et seq.;  rescue activities;  federal lawi is conducted, performed or maintained; and (16)Any other condition constituting a nuisance under the City Code or state law. (Ord. No. 130,53,1-8-02; Ord. No. 257, 551,2, 11-14-06; Ord. No. 492,91,10-8-19) Sec. 54-62. Abatement of nuisances; municipal court authority.  The municipal court shall have full jurisdiction to try and dispose of all questions of nuisance affecting the public health or welfare, ands shalla also havej jurisdiction toi try and, in case of conviction, to punish persons failing to  abate nuisances, as prescribed in section 1-16 of this Code.  (Ord. No. 130,54,1-8-02)  Sec. 54-63. Complaints of nuisance; investigation and abatement order  (a) Any official or inhabitant of the city may direct a complaint of nuisance to the city police precinct, who shall investigate and may place the complaint on the municipal court docket for a hearing upon the basis of the investigation. The municipal court after a ten-day notice to the party involved, shall hold a hearing thereon and upon finding that a nuisance does exist shalli issue an order to the owner, agenti in control of or tenant in possession, stating that a nuisance has been found to exist and that the nuisance must be abated within so many hours or days ast ther recorder shall deem reasonable, having consideration fort ther nature of the nuisance (b) Animal control officers, license and buildingi inspectors shall and may also receive complaints, investigate the same and place on the court docket such complaints int the: same manner as police officers. (c) Any referencet tot the cityi int this articles shall be deemed toi include the city ori its designee, including the county  and its effect on the public.  department of code enforcement.  ORD. 2024-20  (Supp. No.15)  Page 3of5    (Ord. No. 130,55,1-8-02)  Sec. 54-64. Abatement by city when; billing for costs.  (a) In any case where the owner, agent or tenant fails to abate the nuisance ini thet time specified, or where the owner, agent or tenant cannot be served with notice, or where the nature of the nuisance is such, in the opinion of the municipal court thati it must be immediately abated, the municipal court mayi issue an order to appropriate law enforcement officials directing the nuisance to be abated. Law enforcement officials in such case, shall keep a record of the expenses and cost of abating same, and the costs shall be billed against the (b) Other city departments shall assist law enforcement officials asi is necessary in abating nuisances hereunder.  owner, agent or tenant for collection as for city revenues.  (Ord. No. 130,56,1-8-02)  Sec. 54-65. Summary abatement authorized when.  Nothing contained in this article shall prevent the mayor from summarily and without notice ordering the abatement of or abating any nuisance thati isa a nuisance per sei int the law or where the case is an urgent one andt the  health ands safety oft the public or a portion thereof isi ini imminent danger.  (Ord. No. 130,57,1-8-02)  Sec. 54-66. Nuisance deemed offense; penalty.  (a) Any person who shall erect or continue after notice to abate a nuisance which tends to annoy the community, injure the health of the citizens in general, or corrupt the public morals shall be guilty ofa (b) Itis declared to be an offense for any owner, agent, or tenant to maintain or allow a nuisance to exist. Each daya an nuisance is continued shall constitute a separate offense. Anyone committing a nuisance shall be guilty of a petty offense and, upon conviction, punished by a fine not to exceed $1,000.00,  misdemeanor.  imprisonment for no more thans six months, or a combination thereof.  (Ord. No. 130,58,1-8-02) Secs. 54-67-54-90. Reserved.  Section 3.  This Ordinance shall be codified in a manner consistent with the laws of the State of  Georgia and the City of Hampton.  Section 4. This Ordinance shall take effect immediately upon its adoption. All Ordinances in conflict herewith are expressly repealed. 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, City of Hampton, Georgia, and the sections of this Ordinance may be renumbered, if necessary, to accomplish  such intention.  ORD. 2024-20  (Supp. No.: 15)  Page 4of5    Section 5.  a. Itis hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases oft this Ordinance are or were, upon their enactment, believed by b. Itis hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed byl law, each and every section, paragraph, sentence, clause and phrase oft this Ordinance iss severable from every other, section, paragraph, sentence, clause or phrase oft this Ordinance. It ish herebyi further declared tol bet thei intention ofthe Mayor and Councilt that, tot the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase oft this Ordinance. Inthe event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, to the greatest extent allowed byl law, all remaining phrases, clauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, enforceable, and of full force and  the Mayor and Council to be fully valid, enforceable and constitutional.  effect.  Section 6. Allordinances: and parts of ordinances in conflict herewith are hereby expressyrepealed. Section 7. The effective date of this Ordinance shall be the date of adoption unless otherwise  specified herein.  sO ORDAINED, this  day of  2024.  CITY OF HAMPTON, GEORGIA ANN N. TARPLEY, Mayor  ATTEST: City Clerk  APPROVED ASTO FORM:  First Reading: 10/08/2024 Second Reading/Adoption:, 11/12/2024  L'ERIN BARNES WIGGINS, City Attorney  ORD.2024-20  (Supp. No.15)  Page 5of5    Type of Request ORD 2024-21 Second Read  ITEM# 9B.  City of Hampton LEGISLATIVE SUMMARY  EORGI Meeting Date: November 12, 2024 Action' Type: Action by City Council  Department Requesting Agenda Item  Community Development Department Exhibit Attachments s for Agenda Item:  Forir informational.discussion purposes only  1) ORD2024-21 2) 3) 4) 5) 6)  Presenter:  Wanda D. Moore, PLA, Director  Agenda Item:  Item 9B: Consideration and action to amend and to hear from the public regarding Ordinance No. 2024-21; Part Il- Code of Ordinance, Chapter 70 - Solid Waste Collections. Second Read  BackgroundSummary:  The City Manager Directed staff to research amending the Solid Waste ordinance to include the City Hampton having charge oft the collection of garbage and refuse generated by its commercial establishments. The first read of this ordinance took place on October 8th and  passed with a 5-0.  Financial mplcationsComsceratons -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -Isp project grant funded and will require a andi thosei funds arelare not budgeted.  Y_ Y Y Y  Nnla Nn/a Nnla Nn/a Nnla  % match  -Is this request a Capital Project andp part of Capital Project List? Additional CommemsaRecommendtons  The Community Development Department staff recommends approval of the proposed  ordinance amendment.    STATE OF GEORGIA CITYOF HAMPTON  ORDINANCE NO. 2024-21  AN ORDINANCE TO AMEND HAMPTON CODE OF ORDINANCES, PARTI I- CHAPTER 70 SOLID WASTE, ARTICLE Il- COLLECTION, SECTION 70-31 THROUGH 70-44 BE REPEALED ANDI REPLACED; TO PROVIDE FOR AN ADOPTION/ AND  EFFECTIVE DATE; AND1 TO PROVIDE FOR OTHER LAWFUL PURPOSES. THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS: THROUGH 70-44 be repealed and replaced. THROUGH 70-44 as replaced shall read:  Section 1. That Section CHAPTER 70 SOLID WASTE, ARTICLE II - COLLECTION, SECTION 70-31  Section 2.  That Section CHAPTER 70 SOLID WASTE, ARTICLE II - COLLECTION, SECTION 70-31  Sec. 70-31. Definitions.  Thei following words, terms, and phrases, when usedi in this article, shall have the meanings ascribed tot them Bulky trash shall mean solid waste materials that cannot fit into a customary waste collection container as described in this chapter. Such waste would include but is not limited to appliances, mattresses, chairs, furniture, Bulky trash hauler shall mean a company, business establishment, or individual thati is contracted with or by the City of Hampton to enter the city, use its infrastructure in order to carry out their business to collect materials that typically include large items that do not fiti into a customary sized waste container including but not limited to appliances, mattresses, chairs, furniture, tires, and other large items and to then dispose oft them at an appropriate, Commercial refuse shall mean any garbage, trash, rubbish and used materials resulting from the operation of a business, company, corporation, or other commercial entity within a structure zoned for such business; or construction or remodeling work generated by a person, or persons associated with preparing a structure for such use.Company or solid waste hauler or hauler, whether used in the singular or plural tense, shall mean any entity organized top provide collection and disposal of all putrescible andr non putrescible solid, semi-solid, andl liquid wastes Customer shall mean anyf firm, person, entity, corporation, or organization that contracts with the city for the Exclusive contract shall mean an agreement for a certain period of time between the City of Hampton and a private hauler(s)t toe exclusively collect and dispose ofs solid waster materials, its byproducts, and other waste materials as identified in the agreement. Such agreement is granted through al bidp process pursuant to the city's purchasing policy to al business establishment/s) that will be the sole provider(s) of servicet tot the residential and/or commercial  int this section, except where the context clearly indicates ac different meaning:  tires, and others sizable items.  approved, and registered facility doing! business int the State of Georgia.  within the city, whether on a one-time contract basis or a recurring basis. collection ofr residential and/or commercial refuse and waste.  community within the cityl limits of Hampton.  ORD.2024-21  Page 1of7    Garbage shallr mean putrescible wastesi including) kitchen andt tablet food wastes; animal or vegetable wastes resulting fromt the storage, preparation, cooking, processing or handling of foodstuffs; nonputrescible wastes that are mixedi ini thes same container with or contaminated by putrescible wastes; small dead animals note exceeding five pounds in weight; and any putrefactive ore easily decomposable waste material thati is likely to attracti flies, vermin, birds or rodents. For purposes oft this definition garbage does not include materials that are separated and set aside for composting and does noti include hazardous material, household hazardous material, or sewage or Hazardous waste: shall mean wastei in any amount whichi is defined, characterized, or designated as hazardous by the United! States Environmental Protection Agency or appropriate state agency or pursuant to federal or state law, or waste in any amount which is regulated under federal or state law. For purposes of this agreement, the term hazardous waste shall alsoi include motor oil, gasoline, paint, paint cans, and solvents. Hazardous waste hauler: shall mean a company, business establishment, ori individual that is contracted with or by the City of Hampton to enter the city, use its infrastructure in order to provide on-demand waste collection and disposal services for hazardous waster materials as defined herein. Such hauler shall havet the necessary equipment and vehicles to transport such hazardous materials through the city toi insure thes safety of its citizenry. Junk hauler shall mean a company, business establishment, ori individual thati is contracted with or by the City of Hampton to entert the city, usei its infrastructure in order to provide on-demand waste collection services in terms of bulkyt trash, white goods, furniture, or otheri items customary to cleaning out or remodeling residential and/or business establishments: andi then to dispose oft them at an appropriate, approved, andr registered facility  sewage sludge or human or animal excrement ory yard waste.  doing business int the State of Georgia.  Putrescible waste shall means such wastet that is capable of decaying or rotting.  Residential and commercial refuse and waste shall mean any refuse, rubbish, garbage, or waste materiali that is not hazardous waste, as well as all commercial andr residential refuse. Residential and commercial refuse and waste shalli include materials designated for recycling and yard/landscape waste, and all construction and Residential hauler shall mean a company, business establishment, or individual that is contracted with or by the City of Hampton to enter the city, usei itsi infrastructure in order to conduct theirb business to collect and dispose of residential garbage waste, recyclable materials, yard trimmings, and! bulky trash. Residential refuse shall mean all household and domesticgarbage, trash and rubbish and used materials resulting fromi inhabiting ar residential unit; or construction orr remodeling work generated! by ap person or persons  demolition waste.  dwelling in a residential unit.  Residential units shall mean a dwelling unit designed for, or, int ther normal course of use, occupied by a person oraf family, e.g., a single-family house, duplex apartment unit ort triplex apartment unit that is situated ina a building having less than four such separate residential units. Fort the purpose of this chapter, a' "residential unit" shall not include any mobile! home park, apartment building, condominium, nursing home, ors similar residential, convalescent, or multi-family dwelling, whether of single or multi-level construction, consisting oft four orr more Roll-off container hauler shallr mean a company, business establishment, or individual thati is contracted with or byt the City of Hamptont to enter the city, use its infrastructure in order to carry out their business to collect waste materials from roll off containers, dumpsters, or compactors andt tot then dispose oft them at an appropriate, Rules and regulation manual shall mean a manual created byt the public works director or his designee that sets forth the rules and regulations that the cityh has established in order to provide for the collection and disposal of waste, yard trimmings, bulky trash, and other forms of waste as described in this chapter.  dwelling units.  approved, and registered facility doing business int the State of Georgia.  ORD.2024-21  Page 2of7    Solid waste manager shall meani the person responsible tor manage andi implement the city solid waste  program, andt the day-to-day operation oft the solid waste program oft the city. Solid waste means residential and commercial non-recyclable waste. portion of whichi is open to use byt thep public of vehicular travel.  Street or alley shall mean all publicly dedicated or maintained streets, alleys, easements andi rights-of-way,a Waste container. shall mean the container supplied bya a city-registered hauler, and on av wheeled-base with an attached lid. The purpose of such container is to be used to collect solid waste for collection and disposal. Yard trimmings hauler shallr mean a company, business establishment, ori individual thati is contracted with or by the City of Hampton to enter the city, use itsi infrastructure in ordert to carry out their business to collect yard trimming materials such as but not limited tol limbs, leaves, branches, orp plant material and to then dispose of them at an appropriate, approved, and registered facility doing! business in the State of Georgia.  (Ord. No. 45, art.1,3-8-83)  Cross eferencet)-Derntons generally,51-2.  Sec. 70-32. Responsibility of the city to provide for the collection of waste.  (a) The city has the responsibility to provide for and make available the collection of solid waste by eithera non-exclusive contract, exclusive contract for services, ort through services provided by cityf forces pursuant tot the (b)The purpose of ther rules andr regulations contained in this chapter is to provide the protection of public health by prescribing the manner ofs storage, collection, transportation, and disposal ofr residential, commercial, Sec. 70-33. Only authorized personnel to remove garbage, refuse, and/or trash.  Georgia Comprehensive Solid Waste Management Act. andi industrial solid waste to a disposal facility.  (a) No person, except those duly authorized by the city as city collectors, shall collect, remove, or empty residential garbage refuse and/or trash cans and receptacles or collect or transport residential garbage, trash or other refuse on1 the streets, alleys, and public thoroughfares within the corporate city limits. This section shall also applyt to collection of commercial, garbage, refuse and/or trash containers and receptacles, tot the extent: such services are provided byt the city ori its designee. (b) The city shallr require each person and/or business establishment registered ini the cityt to contract with (c) Upon adoption oft this chapter through City of Hampton ORD. 2024-21 on November 12, 2024, licensed businesses with established: sanitation services contracts shall transition to city contracted: services as Affected businesses shall notify the city manager's office no later than February 28, 2024t that they are obligated and have an existing executed contract for sanitation. services established The city manager may negotiate on the city's behalf and on a case-by-case basis to developa transition schedule: suitable for the business owner obligated with a preestablished sanitation All businesses registered int the City of Hampton shall establish city sanitation services prior to  the cityf for sanitation services.  follows: i. ii. iii.  prior tol November 12, 2024; collection service contract; and December 30, 2025.  ORD.2024-21  Page 3of7    (Ord. No. 45, art. 11I,3-8-83) Sec. 70-34. Containers.  (a) Residential customers of city garbage collection service shall place their garbage in containers located on the customer's property whichi is easily accessible byt the pickup personnel. At all times, refuse collection containers shall be stored under a carport, in a garage, tot ther rear oft thel building line, ori in the: sidey yard of (b) Light commercial customers, heavy commercial customers andi industrial customers shall place their garbage in containers and provide storage areas for the garbage which shall be enclosed andl locatedi in compliance (c) The city shall havet the exclusive right to operate and maintain within the corporate limits of the city, either through its own forces or through a contractor, a system of garbage collection for thel benefit ofi its residential and commercial customers. Except as providedi ins subsection (d), no person other thant the city or its authorized contractor shall engage in1 thel business of garbage collection within the city. (d) Each commerciall business ore establishment ini the cityi is required to use the authorized contractor designated by the city as provided ins subsection (c). However, ift the garbage created by any commercial customer isi in such form, size or bulk thati it cannot be physically handied byt the equipment employed byt the authorized city contractor fort the removal ofs such garbage, then, upon application tot the cityf for aj plan of private removal, and upon the approval of such a plan, such commercial customer may be allowed to remove: such oversized garbage, along with any other waste normally generated by suche establishment. The application for permission to make private disposition of such garbage shall ber made through the city manager, or his designee, who shall approve any plan designed tor make orderly and timely disposition of  thes subject property behind thef front building line. with Appendix A. Article 3. Sec.3-15.  such oversized garbage. Such permit must be renewed annually. (Ord. No. 45, art. IV, 3-8-83; Ord. No.2 261,551,2,3-13-07) Sec. 70-35. Commercial garbage.  (a) The citys shall have charge oft the collection of garbage and refuse generated byi its commercial establishments. The city shall, through its contracted waste service provider, provide various size garbage (b) Noo commercial dumpsters shall be placed ini the city for the purpose of picking up commercial garbage, except those provided by the city through its contracted waste: service provider. (c) Itist thei further intent ofi this section that, to provide for safe and efficient commercial garbage removal, the city prohibits anyone other than the city ori its contracted waste service provider fromi the collection of commercial garbage within the city! limits. Int the event a commercial garbage entity needs as size of dumpster thati is not available to the city, then the commercial entity shall be entitled to contract with an independent commercial garbage hauler; however, the commercial entity shall, prior to enteringi into any contract with any commercial garbage service, notify the city of thes size of dumpster itr needs, and thereby givet the city an opportunity to provide thes service. A copy of the contract between the commercial entity andi the independent commercial garbage service shall be provided tot the city. If, at any time, the city! has available the same or equivalent garbage pickup service privately contracted byt the commercial entity, upon the expiration oft the private contract, the commercial entity willr receive service  roll-carts or dumpsters fore each commercial establishment.  from the city's contracted waste service provider.  ORD.2024-21  Page 40 of7    (d) This section expressly authorizes the city, through its agents and employees, to subcontract with any commercial garbage hauler to provide a commercial garbage pick-up service tot the commercial entities located within the city limits. The contract SO enteredi into byt the cityr may provide for the placement of roll-carts and/or dumpsters within the city! limits and ap pickup schedule for the roll-carts and/or dumpsters.. A copy of such contract can bet found int the office oft the city clerk, ande each ande every provision of the contract isi incorporated int this chapter by reference and made a part hereof.  Sec. 70-36. Rates.  (a) Ratesf for city waste collection services shall be determined from timet tot time by the mayor and council, ac current schedule of which shall be maintained ont filei int the office oft the city clerk. (b) Extraordinary circumstances, such as multiple dwelling units, commercial users, andi industrial users may be governed bys special contract agreements made by ther mayor and council on recommendation of the (c) At anyt time, a customer requires sanitation service to be temporarily turned on or off byt the city, except fort termination of service, there willl be an administrative service fee applied tot the utility bill for the  city manager and city waste hauler. initial monthly of that period. (Ord. No. 45-A, art. II, 10-8-91)  Sec. 70-37. Application for sanitation collection service and deposit.  Any persons or entities seeking waste collection. service fromi the city shall make application for said service and payas sanitation service deposit as stated ont the current fees schedule maintained on file ini the office of the city clerk. Applications for waste collection. service through the city are available at city hall.. A waste collection service deposit is due to the city at thet time application! isr madet to establish collection service. Service shall not be provided to any person or entity who does not qualify under this chapter for said service and who has not made application and paid said deposit for service. The city collection service deposit shall be returned int fullt tot the customer upon cancellation of service with proof of payment ini full for any outstanding: sanitation bills and return of collection container. Otherwise, said deposit, in part ori in full, shall bet forfeited to cityi if any of thet following apply: (1) customer has an outstanding balance for solid waste collection service; (2) customer's collection container is not returned tos service provider or damaged beyond reasonable wear and tear; and/or (3) customer  has abandoned premises andf failed to cancel sanitation service. Sec. 70-38. Liability for payment of fees.  The charges tol be madet for services rendered under this article shall be made against owners, occupants, tenants orl lessees of buildings or premises receivingt the garbage service by the city. Where an owner of property located in the cityt to which garbage services are furnished, leases his property to another, the owner shall remain liable for the payment of the garbage services furnished tol his tenant, andi it shall bei the owner's responsibility to  see that alll billsi incurred byh hist tenant for garbage services are paid.  (Ord. No. 45, art. V,3-8-83)  Sec. 70-39. Discontinuance of service for failure to pay fees.  Should any person, owner, occupant, tenant or lessee of residential buildings and premises or of offices or businesses and commercial buildings and premises fail or refuse to payt the charges fixed against such owners,  ORD.2024-21  Page! 5of7    occupants, tenants andl lessees when due, the mayor and council on recommendation: of the city manager shall be privileged to discontinue garbage services to suchr residential, office or commercial or business premises, untils such  fees have been paid int full. (Ord. No. 45, art. V,3-8-83)  Sec. 70-40. Enforcement of payment of fees.  Ifenforcement oft thep payment off fees for garbage services is necessary, the cost of suche enforcement: shall be at the expense of the owner orl lesseel liable for thep payment of such garbage services, and collection may be madel by process or procedure of lawr now available or which may! hereafter be available, expresslyi including the rightt to cause ai fi. fa. to be issued, levied, and collected int thes same manner as ad valorem taxes are nowi issued  and collected. (Ord. No. 45, art.V,3-8-83)  Sec. 70-41. Removal of receptacles after collection.  Its shall bet the duty of each owner, landlord, tenant ors storekeeper to seei that all garbage and refuse receptacles are removed fromt the curbside or the area adjacent tot the: street of the city within a 24-hour period of timei from collection of the contents therein. No employee oft the citys shalla assisti in thep performance of the duty of  the owner, landlord, tenant, ors storekeeper under this section.  (Ord. No. 102, 6-9-98)  Sec. 70-42. Interference with contents of receptacles.  No person, other than the owner thereof, shall scavenge, molest, ori interfere withi the contents ofa any garbage or refuser receptacle set out for removal by the city ori its contractor, or remove any container fromt the location where the container has been placed byt the owner thereof unless by permission of the city.  (Ord. No. 102, 6-9-98)  Sec. 70-43. Unauthorized accumulation of solid waste.  Any unauthorized accumulation of solid waste on any premises is declared to be ar nuisance andi is prohibited. Each owner or occupant shall prevent excessive and unsightly accumulation of waste upont the property occupied by him. Failure tor remove anye existing accumulation ofs solid waste within ar reasonable time as may bet fixed by written notice fromt the city shall be deemed a violation oft this Code.  (Ord. No. 102,6-9-98)  Secs. 70-44-70-65. Reserved. Georgia and the City of Hampton.  Section 3. This Ordinance shall be codified in a manner consistent with the laws of the State of Section 4. This Ordinance shalli take effect immediately upon its adoption.. All Ordinances in conflict herewith are expressly repealed. Iti is the intention of the governing body, and iti is hereby ordained that  Created: 2022-11-29: 13:32:17 [EST]  (Supp. No. 15)  Page 6of7    the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Hampton, Georgia, and the sections of this Ordinance may be renumbered, if necessary, to accomplish  suchi intention. Section! 5.  a. Itish hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by b. Iti is hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed byl law, each ande every: section, paragraph, sentence, clause and phrase ofthis Ordinance iss severable from every other, section, paragraph, sentence, clause or phrase of this Ordinance.It ish hereby further declared to bet thei intention ofthel Mayora and Councilthat,t tot the greateste extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance. Inthe event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, to the greatest extent allowed by! law, all remaining phrases, clauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, enforceable, and of full force and  the Mayor and Council to bet fully valid, enforceable and constitutional.  effect. Section 6. specified herein.  All ordinances and parts of ordinances in conflict herewith are hereby expresslyr repealed.  Section 7. The effective date of this Ordinance shall be the date of adoption unless otherwise  SO ORDAINED, this  day of  2024.  CITY OF HAMPTON, GEORGIA ANN N. TARPLEY, Mayor  ATTEST: City Clerk  APPROVED. ASTO FORM:  First Reading: 10/08/2024 Second Reading/Adoption:  L'ERIN BARNES WIGGINS, City Attorney  11/12/2024  ORD.2024-21  Page7of7    Type of Request  ITEM# 9C  City of Hampton LEGISLATIVE SUMMARY  The City of Hampton will no longer pay night shift or weekend differential pay to police officers Department Requesting Agenda Item  CEORGIE Meeting Date: 11/12/2024 Action' Type: Action by City Council  Administration  Exhibit Attachments st for Agendal Item: 1) Resolution 20-14 2) Resolution 20-30  Fori inforational/discussion purposes only  Presenter: Alex Cohilas Agendal Item:  3) 4) 5) 6)  A. Consideration and action on Resolution 2024-44 approving the City of Hampton no longer providing shift differential pay for night and weekends for police  department employees.  Background/Summary:  The Council passed a resolution (20-14 on May 12, 2020 & 20-30 October 13, 2020) providing 1.00 extra per hour for both night shift and weekend when officers worked those hours. This has created complications within our payment software. The Council recently  approved a raise that fairly compensates officers for all hours worked.  Financial mplcatonsConsderatons -Is project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Will the project require funds? -Is project grant funded and will require a and those funds arelare not budgeted.  Y  N X NX YNX Y NX Y NX  %n match  -Is this request a Capital Project andj part of Capital Project List?  Additional CommemnisPecommenditons    CITY OF HAMPTON STATE OF GEORGIA  RESOLUTION NO. 2024-44  A RESOLUTION TO RESCIND AND REPEAL A WEEKEND AND NIGHT SHIFT DIFFERENTIAL POLICY FOR THE EMPLOYEES OF THE HAMPTON POLICE DEPARTMENT,TOI PROVIDE FOR REPEALOFCONFLICTING RESOLUTIONS;  TO PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL  PURPOSES.  WHEREAS, the duly elected governing authority of the City of Hampton, Georgia is the WHEREAS, the City employs a police department to carry out law enforcement WHEREAS, the City approved resolutions 20-14 and 20-30 to provide consideration to WHEREAS. the implomemamiumorusshin Differential Poliey has created complications WHEREAS, since the implementation of shift differential pay, the police department employees have received pay raises to compensate for their hard work and sometimes long hours;  Mayor and Council thereof; and  operations of the City on a 24-hour basis; and  those police officers that work weckend and night shifts: and  inj payment sottware: and  and  WHEREAS, it is the desire of this Council, having received a recommendation from the the Police Chief, to rescind shift differential pay and repeal all previous resolutions and polices  that allowed for such pay.  BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council of the City of Hampton, Georgia, that the Weekend and Night Shift Differential Policy and all weekend and night shift differential pay shall be repealed and rescinded, effective immediately. All pay paid pursuant to the shift differential policy is fully earned and not subject to collection by the City.  SO RESOLVED, this day of  2024.  CITY OF HAMPTON, GEORGIA  ANN N. TARPLEY, Mayor    ATTEST:  CARMEN BLOUNT, Deputy City Clerk APPROVED AST TO FORM:  L'ERIN BARNES WIGGINS, City Attorney    CITYOFH HAMPTON STATE OF GEORGIA  RESOLUTION NO. 20-14  A RESOLUTION TO ESTABLISH A NIGHT SHIFT DIFFERENTIAL POLICY FOR THE EMPLOYEES OF THE HAMPTON POLICE DEPARTMENT; TO PROVIDE FOR REPEAL OF CONFLICTING RESOLUTIONS; TO  PROVIDE AN EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.  WHEREAS, the duly elected governing authority of the City of Hampton, Georgia is the Mayorand WHEREAS, the City employs a police department to carry out law enforcement operations of the WHEREAS, to provide consideration to those police officers that work the night shift, the Chief of WHEREAS, the Night Shift Differential Policy, attached hereto at Exhibit "A" and incorporated by BEITANDITISHEREBY RESOLVED by the Mayor and Council of the City of Hampton, Georgia, that the Night Shift Differential Policy, attached hereto and incorporated by reference, be adopted and  Council thereof; and City ona a 24-hour basis; and  Police seeks to implement al Night Shift Differential Policy; and  reference, shall be adopted and may be revised by a majority vote of the Mayor and Council.  effective immediately.  SOI RESOLVED, this 12 day of May 2020.  IYOPMAMPTON/EONAIY  Htt STEVE HUTCHISON, Mayor  ATTEST:  MELISSA BROOKS, City Clerk APPROVED ASTOFORM:  L'ERIN BARNES WIGGINS, City Attorney    EXHIBIT"A"  Police Shift Differential Pay Policy  Night shift differential pay refers to the additional pay to ar non-exempt police officer for hours worked Weekend hours worked between 6a.m. and 6p.m. are not eligible for night shift differential pay. Iti ist thei responsibility oft the Chief of Police to define jobs that are eligible for night shift differential and the rates to be paid. Iti is also the Chief'sre responsibility to communicate to affected employees how night shift differential pay is calculated and what schedules are eligible for the differential. Additionally, the Chiefis required to maintain payroll records that identify and track schedules and hours for employees 1. Police officers who work thel hours of 6:00 p.m. to 6a.m., will earn an additional $1.00 per hour for 2. Assignment to a shift shall not vest aj police officer with a vested right to work a particular shift or to receive: night shift differential pay, ifreassigned to a different shift. This section may be modified or 3. Vacation leave, sick leave, and holiday leave are: not considered time worked for the purpose of 4. Anyi increases in pay shall not be based on the shift differential rate, but on the results oft the  outside the hours of6a.m. to 61 p.m. on ai routine basis.  who are eligible for night shift differential. night shift differential pay.  deleted at any time by the City Council. calculating night shift differential pay. employee'sperfommance evaluation.    RESOLUTION NO. 20-30  ARESOLUTION? TOI ESTABLISH A WEEKEND SHIFT DIFFERENTIAL POLICYI FOR THE EMPLOYEES OF THE HAMPTON POLICE. DEPARTMENT; TO PROVIDE FOR REPEAL OF CONFLICTING RESOLUTIONS; TO PROVIDE AN EFFECTIVE DATE;  AND' TO PROVIDE FOR OTHERI LAWFUL PURPOSES.  WHIEREAS, the duly elected governing authority of the City of Hampton, Georgia is the WHEREAS, the City employs a police department to carry out law enforcement WHEREAS, to provide consideration to those police officers that work the weekend shift, WHEREAS, the Weekend Shift Differential Policy, attached hereto at Exhibit "A" and incorporated by reference, shall be adopted and may be revised by a majority vote of thel Mayor  Mayor and Council thereof,; and  operations oft the City on a 24-hourl basis; and  the Chief ofPolice seeks to implement a Weekend Shift Differential Policy; and  and Council.  BE IT AND IT IS HEREBY RESOLVED by the Mayor and Council of the City of Hampton, Georgia, that the Weekend Shift Differential Policy, attached hereto and incorporated  by reference, be adopted and effectivei immediately.  SORESOLVED, this 13 day of DCT 2020.  CITY OF HAMPTON, N STEVE, HUTCHISON, Mayor  2  oE  ATTEST:  MmBab MELISSA BROOKS, City Clerk APPROVED AS TOFORM:  L'ERIN! BARNES WIGGINS, City Attomey  Res. 20-30  Page 1 of2    EXHIBIT "A"  Police Weekend Shift Differential Pay Policy  Definition:  Weekend shift differential pay refers to the additional pay to ai non-exempt police officer for hours worked from 63 a.m. on Saturday through 6 a.m. on Monday. This policy is only applicable to Public  Safety employees. Policy Standards:  Itis the responsibility oft the Chief ofPolice to define jobs that are eligible for weekend shift differential Iti is also the Chief's responsibility to communicate how weekend shift differential pay is calculated and what schedules are eligible for the weekend shift differential.. Additionally, the Chiefisi required to maintain payroll records that identify and track schedules and hours for employees who are eligible for 1.1 Police officers who work any hours between the hours of6 68 a.m. on Saturday through 6 a.m. on Monday, will eam an additional $1.00 per hour for weekend shift differential pay. 2. Assignment to a shift shall not vest aj police officer with a vested right to work aj particular shift or to receive weekend shift differential pay, ifreassigned to a different shift. This section may be modified or 3. Vacation leave, sick leave, and holiday leave are not considered time worked for the purpose of 4. Any increases inj pay shall not be based on the weekend shift differential rate, but on the employee's 5. Overtime calculations shall be based on base rate of pay, and not on the weekend shift differential rate  and to communicate the rates of pay that are offered tol his/her employees.  weekend shift differential.  deleted at any time by the City Council. calculating weekend shift differential pay.  base rate of pay as referenced in the step and grade table.  ofp pay.    Type of Request  ITEM# 9D  City of Hampton  a  LEGISLATIVE SUMMARY  Declaration of Surplus of City-owned Vehicles Department Requesting Agendal Item  SEORGI Meeting! Date: 11/12/2024 Action Type: Action by City Council  Public Works  Exhibit Attachments st for Agenda Item: 1) Resolution: 2024-04 2) Memo to City Manager 3) ExhibitA A 4) 5) 6)  Fori informationalriscussion purposes only  Presenter: Alex Cohilas Agenda Item:  A. Consideration and action on Resolution 2024-45 authorizing the City Clerk to dispose of six (6) vehicles, two (2) tractors, Five (5) mowers, Two (2) backhoes, and One (1) belt press on a trailer, through online auction using government surplus auctions (govdeals.com) or any other  means of disposal in accordance with the City S ordinances.  Backgroundsummay:  In accordance with City's best practices in surplus removing vehicles that either no longer work or have surpassed their usable life expectancy is standard practice. This latest list comprise those vehicles that have reached and in some cases far exceeded their usable life  expectancy.  Financial mplcatonsComsceratons -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -Isp project grant funded and will require a and those funds arelare not budgeted.  Y NX Y N_X YNX Y NX Y NX  %1 match  -Ist this request a Capital Project and part of Capital Project List?  Additional Commemsecommendatons    CITY OF HAMPTON STATE OF GEORGIA  RESOLUTION NO. 2024-45  Al RESOLUTION BY THE CITY COUNCIL OF THE CITY OF HAMPTON DECLARING CERTAIN CITY PROPERTY, LISTED ONI EXHIBIT A, TO BE SURPLUS PROPERTY ANDTO PROVIDE FORI ITS PROPER DISPOSAL EITHER BY AUCTION OR OTHER METHODS PURSUANT TO' THE CITY'S ORDINANCES AND STATE: LAWS; ANDI FOR OTHER WHEREAS, the duly elected governing authority oft the City ofE Hampton, Georgia is the Mayor and Council WHEREAS, the City's purchasing policies (adopted October 2014) provide discussion and guidance on the purchase, sale or surplus of property belonging to the city, not needed for public use or that may havel become WHEREAS, the Office of the Clerk provided a list of City surplus items to the City Manager, attached at WHEREAS, the City Manager and the Office of the Clerk have determinedi that iti is in the besti interest of the City to surplus saidi item(s) and have requested that said item(s) become surplus and disposed ofin the most NOWTHEREFORE, bei it resolved by the Mayor and Council of the City of Hampton that thei items listed on Exhibit A, attached to this resolution, be declared surplus and hereby gives authority to the City Manager tocause thei items tol be disposed of either by auction ori in the most appropriate manner in accordance with City and  PURPOSES.  (hereinafter "City") thereof; and unsuited for public use; and  Exhibit"A" to this resolution and incorporated by reference; and  appropriate manner.  State law.  This_ day of  2024.  CITYOF HAMPTON, GEORGIA ANN N. TARPLEY, Mayor  ATTEST:  CARMEN BLOUNT, Deputy City Clerk APPROVED AS TO FORM:  L'ERIN BARNES WIGGINS, City Attorney    Exhibit "A" (ForSurplus)    S5                D    )        (0        MOLIANO  NEWN  58        5B        N    554 B    P  15    TN # Hlne    sn            wi                            5    Type of Request ORD 2024-23  ITEM# IOA  City of Hampton LEGISLATIVE SUMMARY  SEORGI Meeting Date: November 4, 2024 Action Type: Action by City Council Presenter:  Department Requesting Agenda Item Community Development Department Exhibit Attachments s for Agenda Item:  Fori informationaldiscussion purposes only  1) ORD.2024-23 2) 3) 4) 5) 6)  E. Olivia McCornell, MPA, Plannerl  Agenda Item:  Item 10E: New Business. Consideration and action to on the adoption Ordinance 2024-23 (First Read); to amend the Hampton Code of Ordinance - Chapter 22 - BUSINESS REGULATIONS.  ARTICLE II. OCCUPATION TAXES.  Background/Summay:  This amendment to Chapter 22, Article II. enhances regulatory oversight and operational efficiency by identifying the responsibility of business licenses duties performed by the Community Development Director and staff. Community Development currently administers these processes, assigns business license numbers, collects fees, evaluate zoning compliance, parking, etc. Currently the ordinance states these activities are performed by the city clerk. Additionally, the update introduces the requirement for a final inspection and Certificate of Occupancy for each commercial business, along with an annual Fire Marshal inspection. This is currently enforced, the code update codifies the process and ensures businesses comply with state and federal safety codes, supporting public safety and regulatory alignment within the city.  Financial mplcatons.consceratons -Isp project budgeted? -Will project require the use of Fund Balance? lfyes, please state amount $ -Will the project require funds? -Is project grantf funded and willr require a andi those funds arelare not budgeted.  Y.  Nn/a Nnla Nnla Nn/a Nn/a  %r match  Y Y  -Is this request a Capital Project and part of Capital Project List? Additional CommemsRecommendtons  The Community Development Department staff recommends approval of the proposed text  amendment.    STATE OF GEORGIA CITY OF HAMPTON  ORDINANCE NO. 2024-23  AN ORDINANCE TO AMENDI HAMPTON CODE OF ORDINANCES, CHAPTER 22, BUSINESS REGULATIONS. ARTICLEII - OCCUPATION TAXES, BE REPEALED. ANDI REPLACED; TO PROVIDE FOR AN ADOPTION. ANDE EFFECTIVE DATE; AND  TO PROVIDE FOR OTHER LAWFUL PURPOSES.  THE COUNCIL OF1 THE CITY OF HAMPTON HEREBY ORDAINS:  Section 1. be repealed and replaced. Section 2. replaced shall read:  That Section = CHAPTER 22, BUSINESS REGULATIONS. ARTICLE II - OCCUPATION TAXES That Section CHAPTER 22, BUSINESS REGULATIONS. ARTICLE II- OCCUPATION TAXES as  ARTICLE II.- OCCUPATION TAXES [2)  Sec. 22-31. Definitions.  Thei following words, terms and phrases, when usedi int this article, shall have the meanings ascribed to them Administrative) feei is the component of the occupation tax which approximates the reasonable cost of Employee means ani individual whose worki is performed under the direction and supervision of the employer and whose employer withholds FICA, federal income tax, or statei income tax from: such adwidwasindividuals compensation or whose employeri issues tos such individual for purposes of documenting compensation at form IRS Location or office includes any structure or vehicle where ab business, protession, or occupation is conducted, but shall noti include at temporary or construction works site which serves a single customer or project, ora a vehicle Occupation tax means at tax levied for revenue purposes on persons, partnerships, corporations or other Occupation tax certificate means a document issued byt the city acknowledging payment of the occupation Practitioners of professions and occupations are thosei individuals listedi in 0C6AS8:900-0Bb. does not include aj practitioner whoi is an employee ofal business ifsuch! business pays an occupation tax. Regulatory; feer means a fee which approximates the cost of regulatory activity by the city. Regulatory) fee certificate means ac document issued byt the city acknowledging payment of a regulatory fee.  int this section, except where the context clearly indicates a different meaning:  handling and processing the occupation tax application.  W-2 but not af form IRS: 1099.  used for sales or delivery by al business or practitioner ofa a profession. entities fore engaging in an occupation, profession or business in the city.  tax and administrative fee.  (Ord. No. 83,51,12-21-94; Ord. No. 83-A,51,12-12-95) Cross eferencet)-Derintions generally,S1-2.  Created: 2024-10-28 15:30:18 [EST]  (Supp.No.16)  Page 1of12    Sec. 22-32. Administrative fee.  Anon-prorated, nonrefundable administrativet fee as provided int the schedule oft fees and charges ont file in the office oft the eiyelesk.communty development department is required on all occupation tax accounts for the  initial registration, annual renewal or reopening of such accounts.  (Ord. No. 83,52,12-21-94) Sec. 22-33. Regulatory fee. development department. (Ord. No. 83, $3(A), 12-21-94) Sec. 22-34. Proration.  Businesses andi individuals engaging in any occupation or business ini the city shall paya ar nonrefundable regulatoryi fee asp provided int the schedule of fees and charges ont file in the office oft the city clerk and community  Ifab business ori individual initially engages in an activity regulated byt the city on or after July 1ina any year, ther regulatory feef for the remaining portion ofi they years shall be! 50 percent oft ther regulatory feei for the entire  year.  (Ord. No. 83, $3(B), 12-21-94) Sec. 22-35. Display of certificate.  Every business, individual and location subject to payment ofa a regulatory fee levied byt this article shall displaya a current regulatory fee certificate ina a conspicuous place att thel locationi for which such certificate was issued. Ift the taxpayer does not have a permanent location within the city, ther regulatory fee certificate or an unaltered duplicate ofs such certificate shall be shown to any police officer,code enforcement officer, fire marshal  or eityelerkbuilding official upon request. (Ord. No. 83, $3(C), 12-21-94) Sec. 22-36. Occupation tax levied.  An occupation tax based upon number of employees int thes statei is levied upon businesses and practitioners of professions and occupations with one or more locations or offices within the corporate limits oft the city and, pursuant to 0.C.G.A.548-13-7, upon out-of-state businesses with nol location or office int the city but with employees or agents engagingi in substantial efforts tos solicit business or serve customers or clients ini thes state in accordance with the schedule off fees and charges ont filei ini the office ofi the cityelerkcommunity development  department.  Sec. 22-37. Inspections and Certificate of Occupancy Requirements.  (1) Permits must be obtained prior to construction, demolition, change of use or occupancy classification, tenant name change, or ownership change in buildings, tenant spaces, or commercial sites and priorto  addition, removal, or changes of any fire protection system(s) therein.  Created: 2024-10-28 15:30:18 [EST]  (Supp. No.1 16)  Page 20 of12    (2) Af final inspection and Certificate of Occupancv for each commercial business establishment must be obtained from the Fire Marshal's Office before occupying any building covered byt this article or Allo commercial businesses operating withini the city are required to undergo an annual inspection by the Fire Marshal's Office. Failure to comply with this annual inspection requirement may result in penalties or  conducting! business.  thes suspension. oft the business license.  (Ord. No. 83, $4(A), 12-21-94)  Sec. 22-387. Multiple locations of taxpayer.  The city shall not require the payment ofr more than one occupation tax for each location ofal business or  practitioner. (Ord. No. 83,54(B), 12-21-94)  Sec. 22-398. Taxpayers subject to other local governments.  AL business or practitioner whichi iss subject to an occupation tax by another local government and claiming an exemption from orl limitation tot the occupation taxi imposed by this article shall submit documentation as to current payment of the occupation tax tot the other local government and the basis of such tax. (1) Ifab business or practitioner with no location or officei int the state provides tot the city proof of payment ofal local business or occupation tax in another state which purports to tax thel business'sor practitioner's sales or services in1 this state, then thel business or practitioner shall be exempt from this (2) Ifal business or practitioner with no location or officei int thiss states shall only be required to pay occupation tax tot thel local government int the state wheret the largest dollar volume of business is denedone, ors service is performed bys such business or practitioner. This limitation shall only apply when the business or practitioner has provided to the city satisfactory proof as tot the applicability of (3) Ab business or practitioner which has locations int the state subject to occupation tax by more than one local governmenti int the state shall only be subject to occupation tax byt the cityf for ther number of employees who are employed within the corporate limits of the city. This limitation shall only apply when the! business or practitioner has provided to the city satisfactory proof of current payment of the (4) Ifane employee works for thes same business or practitioner in more than one municipal corporation or county and theb business or practitioner submits proof of this, the employee shall be counted as an employee in the city only ift the cityi is thej jurisdiction wheres such employee works fort thel longest  occupation tax.  this subsection.  occupation tax oft the other local governments.  period oft time within the calendar year.  (Ord. No. 83,S4(C), 12-21-94) Sec. 22-4039. Proration of tax. fees shall not be reduced.  Ifab business or practitioner commences business int the city on ora after. July 1 in any) year, the occupation tax for the remaining portion of1 the year shall be! 50; percent oft thet taxi imposed for the entire year. The administrative  Created: 2024-10-28: 15:30:18 [EST]  (Supp. No.1 16)  Page 3of12    (Ord. No. 83, $4(D), 12-21-94)  Sec. 22-410. Estimated number of employees.  Ifal business or practitioner does not know! how manye employees which are thel basis oft this occupation tax will be employed by the! business orp practitioner during the current calendar year, then the business or practitioner shall file a return estimating ther number of employees which are thel basis oft this occupation tax. Ifsuch estimate isn not accurate, then nol later than December 31 the business or practitioner shall file an amended return indicating the actual number of employees during the previous calendar year. Any overpayment ofi the occupation tax may be credited to thel business or practitioner's: account fort future tax liability, offset against other amounts due and owingt to the cityf for any reason or paid tot the business orp practitioner at1 the discretion of the eipelerkcommunity  development director or city manager's designee. (Ord. No. 83, $4(E), 12-21-94) Sec. 22-421. Real estate brokers. or branch office int the city. (Ord. No. 83, $4(F,12-21-94)  Real estate brokers shall be subject to occupation tax pursuant to this article onlyi ift they maintain a principal  Sec. 22-432. Occupation tax certificate; display, possession.  Every business, practitioner andl location subject top payment oft the occupation tax levied byt this article shall display a current occupation tax certificate in a conspicuous place at thel location for which such certificate was issued. Ift the taxpayer does not have a permanent location within the city, the occupation tax certificate shall be shown to any police officer, code enforcement officer, or building official upon request. Display ofa a current  occupation tax certificate is nota a pre-condition to the practice of the occupation.  (Ord. No. 83,95,12-21-94; Ord. No. 104,51,7-14-98) Sec. 22-443. Application to professionals.  Practitioners of professions and occupations shall pay the occupation tax levied byt this article ors shall paya an occupation tax as provided int thes schedule of fees and charges on file int the office of the iyelerkcommunity development department. Oni thet tax return for 1995 or suchl latert time as thep practitioner first commences business in the city, the practitioner shalle elect ar method oft taxation. Suche election shall be changed for subsequent calendar years only bya written request filed by the practitioner on or before February1 of the yeari in  which the election ist to be changed. (Ord. No.83,96,12-21-94) Sec. 22-454. Exemptions.  (a) No occupation tax: shall be levied byt this article ont thei following:  (1) Any practitioner whose office isr maintained by and whoi is employed in practice exclusively byt the United States, thes state, ar municipality or county of thes state, ori instrumentality of the United! States,  the state, or a municipality or county of thes state.  Created: 2024-10-28 15:30:18 [EST]  (Supp. No. 16)  Page 4of12    (2) Those businesses regulated byt thes state public service commission. (3) Those electrical service businesses organized under O.C.G.A. $46-3-16 ets seq.  (4) Any farm operation fort the production from or on thel land of agricultural products, but not including (5) Nonprofit, agricultural product cooperative marketing associations pursuant to 0.C.G.A.52-10-105. (7) Persons purchasing guano, meats, meal, flour, bran, cottonseed, or cottonseed meal or hulls in carload lots for distribution among the purchasers for use and not sale pursuant to O.C.G.A. $48-5-355. (8) Pursuant to O.C.G.A. 5 48-5-3561 for persons selling ori introducing into the city agricultural products or livestock, including animal products, raisedi int this state when the: sale andi introduction are made by thep producer of the product andt the salei is made within 90 days of thei introduction oft the product into (10) Any business wherei thel levy of such occupation taxi is prohibited by thel laws of the: state or the United (b) The exemptions and limitations contained int this article shall not be construed to repeal or otherwise affect in any way anyf franchise fees, business taxes or other fees ort taxes otherwise allowed by! law. Without limiting the generality of thef foregoing, thef following ordinances are: specifically not repealed or otherwise  any agribusiness.  (6) Motor common carriers pursuant to 0.C.G.A.546-7-15.  the city. States.  (9) Depository! institutions pursuant to 0.C.G.A.548-6-93.  affected byt this article:  (1) Section 22-81 ets seq. regarding license fees on life insurers; (2) Section 22-271 et seq. regarding regulations of peddlers;  (3) Section 6-31 et seq. regarding malt beveragel brewer dealers and wine retailers; (4) Section 22-116 ets seq. regarding business license taxes on financial institutions;  (5) Section 22-146 ets seq. regulating flea markets; (6) Section 26-16 et seq. regulating cable television stations; (7) Section 10-31 ets seq. regulating adult entertainment establishments.  (Ord. No. 83,97,12-21-94)  Sec. 22-4546. Evidence ofs state registration. orr regulatory fee certificate may be issued. (Ord. No. 83,58,12-21-94)  Each person whoi isl licensed under O.C.G.A. $43-1-1 et seq. by the examining boards oft the secretary of state's office shall provide evidence of proper and current statel licensure before any city occupation tax certificate  Sec. 22-4647. Evidence of qualification.  (a) Any business required to obtain health permits, bonds, certificates of qualification, certificates of competency or any other regulatory matter: shall first, before thei issuance of an occupation tax certifiçate or  ar regulatory fee certificate, show evidence ofs such qualification.  Created: 2024-10-28 15:30:18 [EST]  (Supp.No.16)  Page 5of12    (b) Any business required to submit an annual application for continuance oft the business shall do so before the  registration isi issued. (Ord. No. 83,59,12-21-94)  Sec. 22-4748. Filing returns, other information.  (a) On or before November 1 ofe each year, ani individual business or practitioner subject to this article shall file witht the eiyelerkcommunitvy: development department-on at form approved by and available fromi the city,a signed return attesting tot ther number of employees of such business or practitioner during the calendar (b) Individuals, businesses and practitioners doing business int the city shall submit tot the iyelerkcommunily development department- or make available within 30 days suchi information as mayb be required or requested byt the city to determine the applicability and amount oft the occupation tax or regulatory fee ort to  year.  facilitate levying or collection of the occupation tax and/or regulatory fees.  (Ord. No. 83, 510, 12-21-94) Sec. 22-4849. Confidentiality.  Information provided by a business or practitioner tot the city fori thep purpose of determining the applicability and amount oft the occupation tax or levying or collecting the occupation tax is confidential and exempt from disclosure under O.C.G.A. 95 50-18-70 et seq. Such information may be provided tot the governing body ofa another local government for occupation tax purposes or pursuant to court order or for the purpose of collecting  occupation tax or prosecution for failure or refusal to pay occupation tax.  (Ord. No. 83,511, 12-21-94) Sec. 22-4950. Date due.  Any occupation tax or regulatory fee due pursuant tot this article shall be due and payable annually on December 31. If any person commences business ori initially engagesi inar regulated activity int the citya after. January 1in any) year, thet tax and/or fee shall be due and payable on the date oft the commencement of the! business or  regulated activity. (Ord. No. 83, $12(A), 12-21-94)  Sec. 22-5051. Collection of delinquent taxes, fees.  The ityelerk.communily. development department and code enforcement shalli issue executions against individuals, businesses and practitioners for taxes and fees which are due and owing. Such executions shall bear interest att ther rate of 1% percent per month. The liens shall cover the property oft thei individual, business or practitioners liable for payment of the delinquent occupation tax or regulatory fee and become fixed as of the date and time the occupation tax or regulatoryi feel became delinquent. The execution shall be levied byt thee eityclerk communitv development department upon property of the delinquent tax ort fee payer locatedi in the city and sufficient property shall be advertised and sold to payt the amount of the execution, including penalty, interest and costs. All other proceedings inr relation thereto shall be as provided by this Code andt the ordinances and Charter of the city and the laws oft the state. The defendants at execution. shall have the rights of defense, by affidavit of illegality of thet tax or otherwise as provided byt the Charter oft the city andt the laws oft the statei in regard tot tax  executions. (Supp. No.: 16)  Created: 2024-10-28 15:30:18 [EST]  Page 6of1 12    (Ord. No. 83,512(B), 12-21-94; Ord. No. 83-1A,91,4-9-96) Sec. 22-5152. Enforcement; violations.  (a) Itist the duty of the eiyelerecommunity development department, and code enforcement to administer and enforce the provisions of this article, to perform allf functions necessary to administer and enforce this article andt to summon violators oft this article to appear before ther municipal court. The city clerk mayi issue executions against individuals, businesses and practitioners for taxes andi fees which are due and owing. (b) The iyeleecommunity, development department, and code enforcement shalli issue executions against individuals, businesses and practitioners for taxes and fees which are due and owing. Such executions shall beari interest at the rate authorized by O.C.G.A. S4 48-2-40 or, ifs suchs statute should be repealed, one percent per month. Thel lien shall cover the property oft thei individual, business or practitioner liablei for payment of the delinquent occupation tax or regulatory fee and become fixed as of the date andi time the occupation1 tax or regulatory fee! became delinquent. The execution: shall be levied by the city clerk upon property of the delinquent tax orf fee payer located in the city ands sufficient property shall be advertised and sold to payt the amount of the execution, including penalty, interest and costs. All other proceedings in relation thereto shall be as provided byt this Code and Charter of the city and thel laws of the state. The defendants ate execution shall have the rights of defense, by affidavit of illegality of thet tax or otherwise as provided by the Charter of (c) When a nullal bona entry has been entered upon an execution, the person against whom the entry is made shall not be allowed ore entitled tol have or collect any fees or charges whatever for services rendered after thee entry of ther nulla bona. If, at anyt time after the nulla bona entry hast been made, the person against whom the execution! issues payst thet taxi int full together with alli interest and costs accrued on thet tax, the person may collect any fees and charges due tos such person asi if such person hadi never defaulted ini the (d) Individuals, businesses and practitioners who fail or refuse to pay any occupation tax or regulatory fee charged pursuant tot this article shall be subject to civilf finer not to exceed the limitations oft the City Charter.  the city andt thel laws of the: statei in regard tot tax executions.  payment of thet tax.  (Ord. No. 83,513,12-21-94; Ord. No. 104,91,7-14-98) Sec. 22-5253. Public hearing prior toi increase in taxes. resolution which willi increaset the occupation tax rate specified in this article.  After. January: 1, 1996, the city shall conduct at least one public hearing before adopting any ordinance or  (Ord. No. 83,514,12-21-94) Sec. 22-5354. Prior ordinance.  Toi thee extent that any occupation taxes or regulatory fees are owed pursuant to an ordinance passed prior tot this one, such amounts remain due and owing andt thep provisions of that prior ordinance will remaini in effect with respect to such unpaid occupation taxes or regulatory fees until sucht time as they are paid in full.  (Ord. No. 83,515,12-21-94)  Created: 2024-10-28: 15:30:19 [EST]  (Supp. No. 16)  Page7 7of12    Sec. 22-5455. Application for placement of lines and facilities in the right-of-way. (a) Any telegraph or telephone company that places or seeks to place lines and facilities in the publicr croads, highways or rights-of-way: shall provide tot the cityt thef followingi information, in accordance with O.C.G.A.S (1) Ther name, address andt telephone number of a principal office and local agent of such telegraph or (2) Proof of certification from the Georgia Public! Service Commission of such telegraph or telephone (3) Proof ofi insurance or self-insurance of such telegraph or telephone company adequate to defend and (4) A description of thet telegraph or telephone company's! service area, which description shall be sufficiently detailed so as to allow the cityt to respond to subscriber inquiries. Fori the purposes of this section, at telegraph or telephone company may, in lieu of or as supplement to a written description, provide ar map on 8% by 11 inchp paper thati is clear and legible and thati fairly depicts the service area within the boundaries of the city. Ifsuch service area isl less thant thel boundaries of an entire municipal authority, ther map shall describe the boundaries of the geographic area to be served in cleara and  46-5-1(b)(1):  telephone company;  company toy provide telecommunications: services int this state; cover claims of third parties and of municipal authorities;  concise terms;  (5) Ac description of thes services to be provided;  (6) An affirmative declaration that thet telegraph ort telephone companys shall comply with all applicable federal, state and local laws andi regulations, including municipal ordinances and regulations, regarding the plaçement and maintenance oft facilities in the public rights-of-way that are reasonable, nondiscriminatory, and applicable to all users oft the public rights-of-way, including the requirements of (7) As statement in bold type at thet top of the application as follows: Pursuant to O.CGA.546512D), the citys shall notifyt the applicant of any deficiencies in this application within 15 business days of (b) The citys shall notifyt thet telegraph ort telephone company within 15 business days of the receipt of any application deemed incomplete; suchr notice shall specifically identify all application deficiencies. Ifr no such notification is given within 15 business days of ther receipt of an application, such application. shall be (c) Within 60 calendar days of ther receipt of a completed application, the city may adopt such application by adoption ofa a resolution or ordinance or by notification tot thet telegraph or telephone company. Thei failure of the city to adopt an application within 60 calendar days of ther receipt of a completed application shall (d) Ifitr modifies its service area or provisioned services identified in the original application, the telegraph or telephone company shallr notifyt the city of changes toi the service area or the: services provided. Such notice shall be given at least 20 days prior tot the effective date of such change. Such notification shall containa geographic description oft the new: service area or areas and new services to be provided within the jurisdiction of the affected municipal authority, ifa any. Ther municipal authority shall provide to allt telegraph and telephone companies located ini its rights-of-way written notice of annexations and changes in municipal corporate boundaries which, for the purposes of this Code section, shall become effective 30 days following  Chapter 9 of Title 251 the' "Georgia Utility Facility Protection Act"; and  receipt oft this application".  deemed complete.  constitute final adoption of such application.  receipt.  Created: 2024-10-28 15:30:19 [EST]  (Supp. No.1 16)  Page 80 of12    (e) An application adopted pursuant tot this section may be terminated by at telegraph or telephone company by submitting ar notice oft termination tot the affected municipal authority. For purposes of this section, such notice shalli identify the telegraph or telephone company, the affected service area, and the effective date of such termination, which shall not be lesst than 60 calendar days from the date of filing the notice of (f) Any telegraph or telephone company that has previously obtained permits for the placement of its facilities, has specified ther name of such telegraph or telephone company ins such permit application, has previously placed its facilities in any publicr right-of-way, and! has paid and continues to pay any applicable city occupational license taxes, permit fees, franchise fees, except as set forthi ins subsection (h) or, ifa applicable, county permit fees shall be deemed tol have complied witht this section without any further action on the part ofs such telegraph or telephone company except as set forth inj paragraphs (8), (9), (11), and (17)of (1) Any telegraph or telephone company that has placed lines and facilities in the public roads and highways orr rights-of-way oft the city without first obtaining permits or otherwise notifying the appropriate municipal authority ofi its presence int the public roads and highways or rights-of-way: shall provide thei information required by subsection (a) of this section, ifa applicable, to the city on or before (2) As of October 1, 2008, if anyt telegraph or telephone company, other than those who meet the requirements ofs subsection (f) of this section, hasi failed or fails to provide the information required by subsection (a) of this section tot the city, the city shall provide written notice to such telegraph or telephone company giving that company 15 calendar days from the date of receipt of such notice to (3) Int the event the 15-calendar day cure period expires without compliance, the city may petition the Georgia Public Service Commission which shall, after an opportunity for al hearing, order the  termination.  O.C.G.A. $46-5-1(b). (g) Noncompliance.  October 1, 2008.  comply with this section. appropriate relief. (h) Existing franchise agreement.  (1) Int the event anyt telegraph or telephone company has an existing, valid municipal franchise agreement as of January 1, 2008, thet terms and conditions of suche existing franchise agreement: shall only remain effective ande enforceable untilt the expiration of the existing agreement or December 31, 2012, (2) Int the event any telegraph or telephone company is paying an existing occupational licenset tax orf fee, based on actualr recurring local services revenues, as of January1 1, 2008, such payment shall! be considered thep payment of due compensation without further action ont the part of the city. (3) Int the event that ther rate of such existing tax or fee exceeds three percent of actual recurring local service revenues, that rate shall remain effective until December 31, 2012; thereafter, the payment by sucht telegraph ort telephone company at the rate of three percent shall be considered the payment of due compensation without further action on the part oft the municipal authority.  whichever shall first occur.  (Ord. No. 20,9-5-72; Ord. No.: 317,51, 12-2-08)  Sec. 22-5556. Due compensation for telephone companies with end user retail customers (a) The city hereby requires due compensation of three percent of actual recurring local service revenues, as defined in O.C.G.A. $46-5-1(b)(8): and (9); provided, however, that any company which pays in excess of  within the city.  Created: 2024-10-28 15:30:19 [EST]  (Supp. No. 16)  Page 9of12    three percent of actual recurring local service revenues pursuant to an existing franchise agreement shall continue to payi in accordance with the agreement until the expiration oft the franchise agreement or December 31, 2012, whichever occurs first, and any company which pays in excess oft three percent of actual recurring local service revenues in accordance with an occupational license tax arrangement shall continue (b) Regarding anyt telephone company that does not have retail, end user customers located within the city's municipal boundaries, thep payment bys such company to municipal authority in accordance with the rates set by regulations promulgated by the department oft transportation fort the use ofi its rights-of-way shall be (c) Any due compensation paid in accordance with this section shall be in lieu of any other permit fee, in (d) The city herebyi incorporates the calculation of" "due compensation", assessment upon retail, end user  to payi in accordance withs suchp payment schedule until December 31, 2012.  considered the payment of due compensation. accordance with O.C.G.A. 546-5-1(b)(10).  customers and notice of nonpayment provisions codified in 0.C.G.A.546-5-1.  (Ord. No. 317,51, 12-2-08)  Sec. 22-5657. Actual recurring local service revenues.  "Recurring local service revenues", as defined by O.C.G.A. 546-5-1 means those revenues customarily included int the uniform system of accounts as prescribed by the Federal Communications Commission for Class' "A" and' "B" companies; provided, however, that only thel local service portion of the following accounts! shall be  included, for example:  (1) Basicl local service revenue, as definedi in 47 C.F.R. 32.5000; (2) Basic area revenue, as defined in 47C.F.R. 32.5001; (3) Optional extended area revenue, as defined in 47 C.F.R. 32.5002; (4) Public telephone revenue, as definedi in 47C.F.R. 32.5010;  (5) Local private line revenue, as defined in 47 C.F.R. 35.5040; provided, however, thatt the portion ofs such accounts attributable to audio and video program transmission: service where both terminals oft the private line are within the corporate limits of ther municipal authority shall noth be included;  (6) Other local exchange revenue, as defined in 47C.F.R. 32.5060; (7) Local exchange service, as defined in 47 C.F.R. 32.5069; (8) Network access revenue, as defined in 47C.F.R. 32.5080;  (9) Directory revenue, as defined in 47C.F.R. 32.5320; provided, however, that the portion ofs such accounts attributable to revenue derived from listings inj portion of directories not considered white (10) Nonregulated operating revenue, as defined in 47 C.F.R. 32.5280; provided, however, that the portion of such accounts attributable tor revenues derived from private lines shall not be included; and  pages shall not bei included;  (11) Uncollectible revenue, as defined in 47 C.F.R. 32.5300.  (Ord. No. 317,91,12-2-08)  Created: 2024-10-28 15:30:19 [EST]  (Supp.No.1 16)  Page 10 of12    Sec. 22-5758. Authorized designee.  The city clerk shall, on behalf of the city, exercise day-to-day administrative duties necessary tot fulfill the regulatory authority of the city under O.C.G.A. 54 46-5-1 et seq. ands shall perform thet following duties: (1) Review application information submitted by at telephone company tot the city and, if an application is incomplete, notifyt the telegraph or telephone company within 15 business days oft the receipt of such (2) Report the receipt of a completed application to the council within 60 calendar days of the receipt of (3) Review payments of due compensation submitted by the company to ensure compliance with the (4) Provide a coordination function between: a telephone company and all city departments on any matter (5) Arrange and evaluate, nor more than once a year, a comprehensive review of the records of ac company whichi is reasonably related to the calculation and payment of due compensation. (6) Provide to all telegraph andt telephone companies locatedi ini its rights-of-way written notice of annexations and changes in municipal corporate boundaries.  application, identifyingi in such notice all application deficiencies.  such completed application.  provisions of the amended law and this section. relating tot the amended lawa andi this section.  (Ord. No. 317,51, 12-2-08) Secs. 22-5859--22-80. Reserved. Georgia and the City of Hampton.  Section 3. Section 4.  This Ordinance shall be codified in a manner consistent with the laws of the State of This Ordinance shall take effect immediately upon its adoption. All Ordinances in conflict  herewith are expressly repealed. Iti 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, City of Hampton, Georgia, and the sections of this Ordinance may be renumbered, if necessary, to accomplish  such intention. Section 5.  a. Itis hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by b. Itis hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed byl law, each and every section, paragraph, sentence, clause and phrase oft this Ordinance iss severable from every other, section, paragraph, sentence, clause or phrase oft this Ordinance. It isherebyfurther declaredi tol be thei intention oft thel Mayora and Council that, tot the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase of this Ordinance.  the Mayor and Council to bet fully valid, enforceable and constitutional.  Created: 2024-10-28 15:30:19 [EST]  (Supp. No.: 16)  Page 11of12    Int the event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, tot the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, enforceable, and of full force and  effect. Section 6. specified herein.  Allordinances and parts of ordinances in conflict herewitha arel hereby expressly repealed.  Section7. The effective date of this Ordinance shall be the date of adoption unless otherwise  sO ORDAINED, this  dayo of_  2024.  CITY OF HAMPTON, GEORGIA ANNI N. TARPLEY, Mayor  ATTEST: City Clerk  APPROVED. ASTOI FORM:  First Reading: 11/12/2024 Second Reading/Adoption:  L'ERIN BARNES WIGGINS, City Attorney  Created: 2024-10-28 15:30:19 [EST]  (Supp. No. 16)  Page 12 of12    Type of Request ORD 2024-24  ITEM# JOB  City of Hampton LEGISLATIVE SUMMARY  Meeting Date: November 4, 2024 Action Type: Action by City Council Presenter:  Department Requesting Agenda Item Community Development Department Exhibit Attachments s for Agendal Item:  Fori nformationaldiscussion purposes only  1) ORD. 2024-24 2) 3) 4) 5) 6)  E. Olivial McCornell, MPA, Plannerl  Agenda Item:  Item 10F. New Business. Consideration and action on the adoption Ordinance 2024-24 (First Read); to amend the Hampton Code of Ordinance - Chapter 6 - ALCOHOLIC BEVERAGES,  ARTICLE II. ALCOHOL LICENSE REQUIRED. AND ARTICLE III. TAXES.  Background/Summay:  The proposed text amendment to Chapter 6, Alcoholic Beverages, Article I. and Article III. aims to enhance administrative efficiency by reassigning oversight and administrative to the Community Development Director and staff, and/or City Manager designated representative. This adjustment facilitates a more collaborative approach, leveraging the expertise of planning and zoning for handling alcoholic beverage license applications and related responsibilities. This change will support streamlined operations, ensure regulatory compliance, and improve  service to businesses and applicants in the community.  Financial mplcatonsComsceratons -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -Isp project grant funded and will require a and thoset funds arelare not budgeted.  Y_ Y Y Y  Nn/a Nn/a Nnla Nn/a Nnla  % match  -Is this request a Capital Project andp part of Capital Project List?  Additional CommentsRecommenditons  The Community Development Department staff recommends approval of the proposed text  amendment.    STATE OF GEORGIA CITY OF HAMPTON  ORDINANCE NO. 2024-24  AN ORDINANCE TO AMEND HAMPTON CODE OF ORDINANCES CHAPTER6- ALCOHOLIC BEVERAGES, ARTICLEII- ALCOHOL LICENSE REQUIRED, AND ARTICLE III - TAXES, BE REPEALED AND REPLACED; TO PROVIDE FOR AN  ADOPTION. ANDI EFFECTIVE DATE; AND1 TO PROVIDE FOR OTHER LAWFUL PURPOSES. THE COUNCIL OF1 THE CITY OF HAMPTON HEREBY ORDAINS: REQUIRED, AND. ARTICLE III- TAXES be repealed and replaced. REQUIRED, AND. ARTICLE III- TAXES as replaced shall read: ARTICLE II. ALCOHOL LICENSE REQUIRED  Section 1. Section2 2.  That Section CHAPTER 6 - ALCOHOLIC BEVERAGES, ARTICLE II - ALCOHOL LICENSE That Section CHAPTER 6 - ALCOHOLIC BEVERAGES, ARTICLE II = ALCOHOL LICENSE  Sec. 6-20. Definitions. reference.  The definitions contained in O.C.G.A. 55 3-4-1, 3-5-1 and 3-6-1 as amended are hereby incorporated by Licensee means everys seller of alcoholic beveragesi in the city, whether retail, wholesale or otherwise required Managing agent means an individual designated by resolution ofa a corporation, LLC or other business entity (other than as sole proprietorship) to apply for al license as provided herein and to manage the dayt to day operations  City means the City of Hampton, Georgia. by this article to possess a valid license.  oft the premises. (Ord.No.3 321,51,1-6-09)  Sec. 6-21. License required; application.  (a) License required. its shall be unlawfult fora any person ore entity to engagei in the manufacture, sale or distribution ofa alcoholic beverages int the city unless such person or entityi is in possession ofa a valid licenset from both the State of Georgia and from the city authorizing the manufacture, sale or distribution of alcoholic beverages pursuant to the regulations contained in this chapter and in O.C.G.A. tit. 3, entitled Alcoholic Beverages. (1) AppleastienierrginalamdeakeeseNmasuPpie-yine y-AlnermatneeAreReRyse-Sy-tNs-eaPie, ncwting-the-ee-erlee-PMePoNSAROEARE-SPP1cA-e-se  Licenses shall not be transferable.  (b) Filing.  ORD.2024-21  Page1of11    emplete-andaeeepiablebyneey-ReeHPw.-AGtseseptincempeteaPPMEAHONSHOPSHOFcenSiSeratOA: HowevetheaseeptanempetesPaNeNyedpdeAdslAsepeNBEnedycURe emderyigtheapieAdeLo-sAPaNeAAREOnPomplete-applcatons for both original and renewal licenses may be submitted either online or in person at the Community Development Department. The application should be completed on the form provided by the city and must include all information requested by the form, along with applicable fees. Only complete applications will be accepted for consideration. However, if anj incomplete application is received, the City Council may: still (2) All applications fort thei issuance ofr newl licenses shall bet filed with the eyeler-Communty Development Department: atl leastt ten days priort tot ther next regular meeting oft ther mayor and council to be considered at that meeting. Failure to timely file the application may result in delayed consideration byt the mayor (3) Licenses shal-bewalk-threughPesember3ieHReyeFRMAeMNeyareisuadeFReFtheyerOFWeN wyewseawwPePyilrwe ewingyer-AlicenNerReSISesemseRaNSeerat-cewneare valid through December 31 of they veari iny which theyarei issued or the year for which theya are renewed. Applications for arenewall license shall be provided to the city by November 10thf for the following vear. Ther mayor and council shall consider and act on alll license renewals by December 31. (4) No person holding an expired license not renewed for a succeeding calendar year may sell or serve alcoholic beverages int the succeeding calendar year unless and until the application for license renewal (c) Should anyl licensee withdraw from, sell or otherwise transfer such licensee's interesti in any ongoing business licensed to sell alcoholic beverages, the eiyelerk-communily development department shall be notified in writing of such withdrawal, sale or transfer within seven days. Conduct of the licensed business may be continued for a period of no more than 60 days following the sale of a licensee's interest therein, upon application of the purchaser for a new license and with approval of the eity-clerk community development director-.provided the initial licensee is under management contract with the purchaser of the business to supervise and remain responsible for the conduct of such business during the timei investigation of the new application is underway; and further provided that no disciplinary proceedings are pending against thei initial license holder or the licensed premises concerning established or alleged violations oft this chapter. (d) Display. Every person, firm or corporation issued al license pursuant tot this chapter shall be required to display the license int thes same location asi is displayed the occupational tax certificate. (e) Whenever a licensee is al business entity, other than a sole proprietorship, ar new license application shall be required subsequent to any change inr more thant ten percent of the ownership of thel licensed business entity. Where: al licensee isas sole proprietorship, ar new license application shall be required subsequent to a change  denyi it due to incomplete information.  and council.  has been tendered and a renewal license has been reissued.  int the ownership oft thes sole proprietorship. (Ord. No. 321,51, 1-6-09; Ord. No. 439,53,8-8-17)  Sec. 6-22. Misstatement or concealment of fact in application.  All applications for original or renewal licenses shall be tendered under oath, and it shall be unlawful to knowingly make any misstatement or concealment off facti in thea application for al license. Anys such acts shall be cause for revocation, suspension or denial of a renewal license and shall make the applicant subject to prosecution for  perjury under the laws oft this state. (Ord. No. 321,51,1-6-09)  Created: 2024-10-28 15:30:16 [EST]  (Supp. No.1 16)  Page 2of11    Sec. 6-23. Grant or denial of license.  (a) Supporting information. The following information shall be furnished with the application for al license under (1) If the applicant is a partnership, LLC, or other business entity, other than a sole proprietorship or corporation, applicant must submit a copy ofi its partnership agreement, operating agreement, articles of organization, certificate or organization, and other organizational documents, and all members oft the business entity must meet the conditions precedent to becoming a licensee and must make sworn (2) Ifthe applicantisac corporation, applicant must submit a copy oft thea articles ofi incorporation, certificate ofi incorporation, by-laws, and other organizational documents, and the president and secretary of the corporation must meet the conditions precedent to becoming a licensee and must make sworn (3) Asurvey oft thep premises certified byar registered surveyor showing a scale drawing oft thel location oft the proposed premises and the distance from the proposed premises to the nearest school building, educational building, school grounds, college campus, alcoholic treatment center, housing authority property, church or other place or worship, residence and the nearest five occupied commercial (4) Where applicant is not the owner of the premises, a copy of applicant's lease with the premises owner (1) No original or renewal license shall be granted underi this chapter to any applicant whoi is nota a citizen or (2) Corporations, limited liability companies and other similar business entities shall apply for a license in the name of the business entity in care of a managing agent, and the license shall be issued to the business entityi in care ofar managing agent who shalli ina all respects meett the minimum requirements to qualify for thei issuance ofal license. Int the case of business entity applicants whose primary business is the operation of an alçoholic beverage establishment, the majority stockholder must meet the requirements of an applicant tundert this subsection at thet time applicationi is made anda ata all times during which the license isi in effect. Where the applicant is al business entity whose primary business is other than the operation of an alcoholic beverage establishment, a managing agent of such business entity involved or to be involved in the active management of thel business to be licensed, must apply for the license and meet ther requirements of an applicant under thiss subsection att thet time application is made anda ata all times during which the license isi in effect. Partnerships: shall applyf for al license int the name of one of the partners, andt thel license shall bei issuedi int the name oft the applicant partner. Ifthe applicant isap partner in a partnership, the requirements of this chapter shall apply to all partners at the time of (3) Tender ofa an original-orr renewalapplication for ana alcohol license shalls serve as ane express authorization to the city to conduct an investigation intot the background of the applicant and all others authorized in (4) No original or renewal license shall bei issued to any person, partnership or business entity organized for pecuniary gain where any individual having an interest either as owner, partner, manager, managing agent, or stockholder, directly or indirectly, beneficial or absolute, shall have been convicted of or shall have entered a plea of guilty or nolo contendere to, within five years immediately prior to thet filing of said application, any felony, or any violation of this chapter, or any crime involving moral turpitude, or  this chapter for consideration byt ther mayor and council:  statements oft these qualifications.  statements of these qualifications.  establishments. must be submitted.  (b) Qualifications) for original and renewal license.  resident legal alien oft the United States.  the application and ata all times during which the license isi in effect.  this article.  Created: 2024-10-28 15:30:16 [EST]  (Supp. No. 16)  Page3of11    anyf federal or statel lawr relatedt tol liquor, malt beverages or wine, or driving under the influence (DUI) of (5) No original or renewal license shall be issued to any person, partnership or business entity where any such entity, individual having ani interest as owner, partner, manager, managing agent, or stockholder, directly or indirectly, beneficial or absolute, shall have! hada an alcoholic beveragel license denied, revoked or suspended due to due cause by any governmental entity. The restrictions of this subsection as to stockholders shall apply only to stockholders of privately owned corporations and to stockholders of publicly owned corporations who holdi in excess of five percent of outstanding stock. (6) Any person, firm or business entity who or which owns property leased to an applicant, which lease provides for payment based upont thel level of alcoholic beverage derived income, shall be considereda (7) Att thet time oft filing an original or renewal application1 fora al license under this chapter, all applicants shall be given a copy of this chapter ands shall sign a statement acknowledging receipt hereof. Nothing in this section shall bei interpreted to make specific knowledge of this or any other chapter of the city Codea a (c) At the time of license renewal, applicants must meet all qualifications of applicants for original licenses. In addition, suspension, revocation or other loss of qualifications during the term ofa a license shall be grounds (d) Qualification of premises. All licenses are limited to the site identified in the license application, and no appliçation will be approved unless the premises used in conjunction with al license issued under this chapter shall meet thef following qualifications, evidence of which qualifications shall be provided with the application: (1) The! premises upon which sale of alcoholic beverages willl be conducted must bel located ina an areaz zoned (2) The premises cannot, at the time of application, be the: subject of an ordinance violation enforcement (e) Councilo action. Att thet time of consideration oft thea application for thei issuance or renewal ofal license provided herein, the mayor and council shall determine whether or not the applicant and applicant's premises meet all oft the qualifications of this chapter. Ift thea applicant or applicant's premises dor not meet all oft the qualifications (F) Representation at meeting. At thet time that ar new or renewal license is considered by the mayor and council atac council meeting, the applicant, or atl least one general partner of the partnership, member or manager of thel LLC, or officer of the corporation, ort ther managing agent may appear, but is not required tol be present at the council meeting. Failurei to attend the meeting shall not be grounds for denial oft the application. (g) Reason for denial. If the application for al license is denied, the mayor shalli issue a written statement to the applicant within ten days of the decision, which statement: shall seti forth the reason or reasons for denial. (h) Appeal. Ifthea applicant desires al hearing ont ther matter of denial ofa an original orr renewal license, the applicant shall notify the mayor and council in writing within ten days of receipt oft the notice of denial. The mayor and council shall set a datei for al hearing on the matter within 60 days of receipt ofa ap proper notice of appeal from the applicant and notify the applicant of the date in writing at least ten days prior toi the date oft the hearing. Att the hearing, applicant will have ther right to present evidence and cross-examine opposing witnesses. After  alcohol or drugs.  co-applicant and mustr meet all qualifications contained herein.  condition precedent to enforcement or amendment.  for denial of renewal.  toad commercial classification. investigation.  (3) Thet fronte entrance oft thep premises must be clearly visible from a public street.  stated int this chapter, the application shall be denied by ther mayor and council.  thel hearing, ther mayor and council shall either uphold, modify or reverse the denial. (Ord. No. MMMKOA-NANA Ord. No. 526,91,11-10-20),  Created: 2024-10-28 15:30:16 [EST]  (Supp. No. 16)  Page 4of11    Sec. 6-24. Grounds for license revocation or suspension.  (a) Grounds. Any violations of the provisions of this chapter or O.C.G.A. tit. 3, shall be grounds for revocation or (b) Reasonf forrevocation or suspension. Ifthec chief ofp police determines that grounds fori revocation ors suspension exist, he shall immediately notify the city manager and the city-clerk community development director, together with his recommendation: regardingt thet terms ofr revocation ors suspension. The eiyelerk.community development director shall issue a written statement to the licensee within ten days of the city's intent to (c) Appeal. Ift thel licensee desires al hearing on the matter of revocation or suspension, he shall notify the mayor and council in writing within ten days ofr receipt of the notice ofi intent tor revoke or suspend.. Ar notice of appeal shalls stay the revocation or suspension until the hearing is held. Ift the licensee fails to appeal within ten days, then the memorandum of the chief of police shall take effect. The mayor and council shall set a date for a hearing on the matter within 30 days of receipt ofa a proper notice of appeal from the licensee andi notify the licensee oft the datei in writing at least ten days prior to the date of hearing. At the hearing, licensee willl have the right top present evidence and cross examine opposing witnesses. After thel hearing, the mayor and council  suspension for a definite period of ther right to sella alcoholic beverages.  revoke or suspend ands shall set forth ther reason(s) for revocation or suspension.  shalle either uphold, reverse or modify ther revocation or suspension.  (Ord. No. 321,51,1-6-09) Sec. 6-25. Annual license fees.  (a) Separate licenses are required for package sale of wine and for package sale of malt beverages. The annual licensei fee for package: sale ofv wine shalll be! $250.00. The annuall license feef for packages sale of malt beverages (b) Separate licenses are required for sale by the drink of wine, sale by the drink ofr malt beverages, and sale by the drink of distilled spirits. The annual license fee for sale by the drink of distilled spirits shall be $1,000.00. (c) Aseparate license is required for package sales of distilled spirits. The annual license feet forp package sales of (d) Alicensei isr required for manufacture ofa alcoholic beverages (distillery, brewery, or winery). The annual license (e) Al license is required for the operation of ab brewpub (beer only). The annual license fee for the operation ofa (Ord. No. 321, 51,1-6-09; Ord. No. 352,51,1-4-11; Ond.NO.415,522916 Or4.NO.439,54,88177  shall be $1,000.00.  The annuall license fee for sale byt the drink of beer and wine shall be $500.00.  distilled spirits shall be $5,000.00.  feet for the manufacture of alcoholic beverages is $1,750.00.  brewpub (beer only)i is $1,750.00.  Sec. 6-26. Payment of license fees.  License fees required under this chapter shall be paid as follows:  (1) New license: For applications received on ora after September 1,5 50 percent of the applicable fee shall be (2) License renewals: Fees shall be tendered to the eiy-derk-community development department by November 10" of they year prior tot ther renewal year, along with the application for renewal.  required.  (Ord. No.3 321,91,1-6-09) (Supp. No.1 16)  Created: 2024-10-28: 15:30:16 [EST]  Page 5of11    Sec. 6-27. License fee charged to wholesale dealer of malt beverages with principal place of Thel license feei for wholesale dealers of malt beverages with their principal place of business located outside  business outside the city.  the City of Hampton shall be ther maximum fee allowed by 0.C.G.A.53-5-43.  (Ord. No. 321,51,1-6-09)  Sec. 6-28. Maximum number of distilled spirits package sales licenses permitted. (a) This chaptera anticipates thei issuance ofar maximum of onel licenset fort thes sale ofc distilled spirits byt the package. No additional licensess shall be authorized unless and untilt thep population of Hampton reaches 10,000, at which time one additional license may be permitted. Afterwards, one additional license may be permitted for each (b) In determining population, the city shall utilize the most recent population figures published by the Atlanta Regional Commission. Int the absence ofs such figures, the citys shall utilize thel U.S. Census of 2000 or anyf future decennial census. This provision alone shall not bar the issuance of a license for applications submitted in accordance with this chapter as of the enactment date of this provision or renewals of licenses lawfully held as of the enactment date of this provision. Should an application submitted prior to the enactment of this section be denied, then this provision shall apply to any subsequent application for thes same location.  5,000 population increase over thei initial 10,000 threshold.  (Ord. No. 352,52,1-4-11)  Sec. 6-29. Additional requirements for distilled spirits package sales licenses.  Ina additional to all otherr requirements oft this chapter, thel Hampton City Code, the! Hampton Zoning Ordinance, and applicable state laws and regulations, applicants for a distilled spirits package sales license must satisfy the (1) The front entrance of all premises licensed to sell distilled spirits by the package shall be clearly visible from a public street; provided, however, that this restriction shall not apply where the premises are (2) No license for the sale of distilled spirits by the package shall bei issued to any applicant whose building where the business will be conducted contains less than 6,500 square feet of combined showroom and (3) Ina addition to the minimum square footage, retail dealers for the sale of distilled spirits byt the package shall maintain a minimum inventory of at least $450,000.00 in distilled spirits, beer, wine or a (4) Where applicant for al license to sell distilled spirits by the package is not the owner of the premises, a  following requirements:  locatedi in as shopping center or multiple-story! business building.  storage space.  combination thereof available for sale.  copy of applicant's lease witht the premises owner must be submitted.  (Ord. No. 352,53, 141:046h.151019  Created: 2024-10-28 15:30:17 [EST]  (Supp. No.: 16)  Page 6of11    PARTI Il- CODE OF ORDINANCES Chapter 6- ALCOHOLIC BEVERAGES ARTICLE III. TAXES  ARTICLE III. TAXES Sec. 6-30. Payment of taxes.  (a) Licensees are hereby required to collect and remit the taxes imposed in this chapter. Licensees shall make reports to the eielerecommunity development department on or before thei tenth day of the month next succeeding thec calendar month of thet totala amount of such products sold or distributed within the city during the previous month, and shall accompany the report with payment of the tax due at the appropriate rate or rates based upon the quantities of such product so sold the previous month. Each monthly report shall be accompanied byas swornstatement thatt ther reportisat true and correct report ofa all sales ands shipments made (b) Licensees licensed for sales by the drink shall, at the time of collecting for food and drinks served, give tot the purchaser a receipt on which the price of alcoholic beverages served shall be itemized separately. Where the charges fori food and drink ares satisfied by credit or deferred payment, the payment oft thet tax tot thel licensee may be deferred ina al like manner; however, thel licensee shall be liable therefor at the time and to the extent that such credits are incurred. Monthly reports for sales byt the drink shall show the gross receipts from the sale of alcoholic beverages byt the drink, amount oft tax collected or authorized due fort the related; period, and  within the city.  such otheri information as may be required byt the city.  (Ord. No.175,91,3:26-03)  Sec. 631.Same-Deliciensy determinations.  (a) Recomputation; authority to make, basis. Ifthe eityclerk community development director is nots satisfied with any return of the tax or the amount of the tax required to be paid to the city by any person, the-clerk community development director may compute and determine the amount required1 tol be paid upont thel basis of any reasonable information within the clerk's the community development director's possession or that may come into the elerks-community development director's possession. One or more deficiency determinations may be made of the amount due for one or more monthly periods. (b) Interest on deficiency. The amount of the determination, exclusive of penalties, shall beari interest at the rate of one percent per month, orf fractiont thereof, fromt the 20th day aftert the close oft ther monthly period for which the amount or any portion thereof should have been returned, until the date of payment. (c) Offsetting of overpayments. In making a determination, the cityclerk city manager's designated representativemay offset overpayments for a period or periods, against under payments for another period orp periods, against penalties, and against thei interest on underpayments. Thei interest on underpayments shall (d) Penalty for negligence or disregard of rules and regulations. Ifa any part of the deficiency for which a deficiency determination has been made is due to gross negligence or disregard ofr rules and regulations, ap penalty of1 15 (e) Penalty for fraud ori intent to evade. Ifa any part of the deficiency for which a deficiency determination isr made is due tot fraud or ani intent to evade any provision oft this chapter or other authorized rules and regulations, a  be computed int ther manner set forthi ins section 6-11.  percent of the amount ofs such deficiency shall be added thereto. penalty of 25, percent oft the deficiency shall be added thereto.  Hampton, Georgia, Code of Ordinances (Supp. No.1 16)  Created: 2024-10-28 15:30:17 [EST]  Page7of11    (f) Notice of city clerk's determination; service of. The city clerk, or the elerk's city manager's designated representative, shallg give tot the licensee written notice oft the clerk's determination. The noticer may be served personally or by certified mail; if by mail such service shall be addressed to the licensee atl licensee's address as it appears in the records of the-city-clerk community development department. In the case of service by mail of any notice required byt this chapter, the service is complete at the time of deposit in the United State (g) Time within such notice of deficiency determination to be mailed. Except in the case off fraud, intent to evade this chapter or authorized rules and regulations, or failure to make a return, every notice of a deficiency determination shall be mailed by certified mail within three years after the 20th day of the calendar month following ther monthly period for which the amount is proposed tol be determined, or within three years after  Post Office.  the return is filed, whichever period should last expire.  (Ord. No. 175,91,3-26-03)  Sec. 6-32.Same--Determination ifr no return made.  (a) Estimate of gross receipts. If any licensee fails to make a return, the city-clerk city manager's designated representative shall make ane estimate oft the amount of the gross receipts of thel licensee, or as the case may be, oft thea amount oft thet total sales in the city which are: subject to thet tax. The estimate shall be made for the period or periods in respect to which the licensee failed to make the return and shall be based upon any reasonable information which is or may come into the possession of the eity-elerk community development department. Upon the basis of this estimate, the city-clerk-city manager's designated representative shail compute and determine the amount required to be paid to the city, adding to the sum thus determined a penalty equal to 15 percent thereof. One or more determinations may be made for one or for more than one (b) Manner of computation; offsets; interest. In makinga a determination, the yderkdlymanaers designated representative.may offset overpayments for period or periods, against penalties and the interest on the underpayments. The interest on underpayments shall be computedi in the manner set forth in subsection (c) (c) Interest on amount found due. The amount of the determination, exclusive of penalties, shall bear interest at ther rate of one percent per month, or fraction thereof, fromt thet tenth day oft the month following the monthly period, for which thea amount or portion thereof should havel been returned, until the date of payment. (d) Payment for fraud ori intent to evade. Ift thei failure of any person tot file ar return is duet tot fraud or an intent to evade this chapter or rules and regulations, a penalty of 25 percent of the amount required to be paid byt the person, exclusive ofp penalties, shall be added thereto ina addition tot the 15 percent penalty providedi ins section (e) Giving of notice; manner of service. Promptly after making the determination, the eity-clerk-city manager's designated representative shall give the person written notice to be served personally or by certified mail in  period.  hereof.  6-12.  the manner prescribed for service of notice of a deficiency determination.  (Ord. No.1 175,91,3-26-03)  Sec. 633.Same--Penaties and interest.  Any person whoi fails to pay thet tax herein imposed tot the city, within thet time required shall paya a penalty of 15 percent of the tax in addition to the tax, plus interest on the unpaid tax or any portion thereof as set forth in  section 6-11.  Created: 2024- 10-28 15:30:17 [EST]  (Supp. No.16)  Page 80 of11    (Ord. No. 175,91,3-26-03)  Sec. 6-34. Same--Collection of delinquent tax.  (a) Actionj fort tax; timej for. At anyt time withini threey years after anyt tax becomes duea andp payable, anda at anyt time within three years after the delinquency of any tax, the city may bring an action int the courts of this state, or any other state, or oft thel United States, to collect the amount delinquent, togetherwith penalties andi interest, (b) Duty of successors or assignees of operator to withhold taxf from purchase money. Ifanyl licensee liable for any amount under this chapter sells out such business or quits the business, such licensee's successors or assigns shall withhold: sufficient of thep purchase price to covers sucha amount untilt thei former owner produces ar receipt fromt the city clerk showing that suchl licensee has paid the tax, or a certificate stating that no amount is due. (c) Liability for failure to withhold; certificate of notice of amount due; time to enforce successor's liability. Ift the purchaser ofab business failst tov withhold ther necessary amount fromt the purchase price as heretofore required, such purchaser becomes personally liable fori thep payment of the amount required tol be withheld tot thee extent of the purchase price, valued in money. Within 30 days after receiving a written request from the purchaser fora a certificate, the eity-clerk emmwniydevelepmenidepatmeatcly manager's designated representative shalle eitheri issue the certificate, orr mail notice by certified mail toi the purchaser att the purchaser's address as ita appears on1 ther records of the city of the amount that must be paid as a condition ofi issuing the certificate. The time within which the obligation of a successor may be enforced shall begin att thet time the licensee sells thel business or at thet time that the determination: against thel licensee becomes final, whichever event occurs (d) Tax credit, penalty or interest paid more than once or illegally collected. Whenever the amount of any tax, penalty ori interest has been paid more than once, or has been erroneously ori illegally collected or received by the city under this chapter, it may be offset as provided in section 6-10. If thel licensee determines that such licensee has overpaid or paid moret than once, whichi fact has not been determined byt the yeleregemeA develepment directercity manager's designated representative such licensee will have three years from the date of payment to file a claim in writing stating the specific ground upon which claim is founded. The claim shall be audited. If the claim is approved byt the city, the excess amount paid to the city may be credited on any amounts then due and payable from the licensee by whom it was paid, ors such licensee's administrators  court fees, filingi fees, attorney fees, and other legal fees incident thereto.  later.  or executors. (Ord. No. 175,51,3-26-03) Sec. 6-35.Same-Administration.  (a) Authority of ely-elerkcommunity development department. The y-ele-communly, development department and or city manager's designated representative shall administer and enforce the provisions of (b) Rules and regulations. The eiyelerk-community development director shall have the power and authority to make and publish reasonable rules and regulations not inconsistent with this chapter or other laws of the city and thes state, or the Constitution oft this state ort the United States fort the administration and enforcement of (c) Records required from licensee; form. Everyl licensee for thes sale of alcoholic beverages by the drinki int the city shall keeps such records, receipts, invoices and other pertinent papersi in sucht form as thee yclerkegommunity  this chapter for thel levy and collection of the taxesi imposed by this chapter.  the provisions of this chapter and the collection of thei taxes hereunder.  development department may require.  Created: 2024-10-28 15:30:17 [EST]  (Supp. No. 16)  Page 9of11    (d) Examination of records; audits. The city manager's designated representative, cityelerk or any person authorized in writing by the city may examine the books, papers, records financial reports, equipment and other facilities of any licensee liable for the tax, in order to verify the accuracy of any return made, or if no returni is made byt thel licensee, to ascertain and determine the amount required to be paid. (e) Authority to require reports; contents. In the administration of the provisions of this chapter, the eity-clerk community development director may require the filing of reports by any person or class of persons having in any of such person's possession or custody, information relating to sales of alcoholic beverages which are subject to the tax. Ther reports shall bei filed with the iyclerkecommunity development department and shall set forth the price charged for each sale, the dates of sales, and such other information as the eity-clerk (f) Disclosure of business ofo operators, etc.; limitation onr rule. The iyelerk.communily development director, or any person having ana administrative duty under this chapter, shall notr make! knowni in any manner the! business affairs, operations ori information obtained by an audit of books, papers, records, financial reports, equipment or other facilities of any! licensee or any other person visited or examined in the discharge of official duty, or the amount or source ofi income, profits, losses, expenditures or any particular thereof, set forth or disclosed ina any return, ort top permit anyr return orc copyt thereof or any! book containing any abstract or particulars thereof to be: seen or examined by any person not having such administrative duty under this chapter, except in the case of judicial or other proceedings necessary to collect the tax hereby levied and assessed. Successors, receivers, trustees, executors, administrators, assignees and guarantors, if directly interested, upon satisfactory proof ofi interest, shall be giveni information ast to thei itemsi included in the measure: and amounts  community development departmentr may require.  of unpaid tax, interest penalties. (Ord. No. 175,91,3-26-03)  Sec. 6-36. Additional to other taxes.  Excise taxes imposed byt this chapter shall be in addition to any other taxes on licenses now imposed against  such licensees. (Ord. No. 175,91,3-26-03)  Sec. 6-37. Failure to make reports or collect taxes.  Ifa anyl licensee fails or refuses to make the reports required ini this chapter and collect and transmit taxes to the city, the city shall notify the party in writing, andi ift the report isr notr made within five days after the date of the notice, or thet taxes not remitted, the city may' withdraw fromt thel licensee thep privilege of doing! business int the city.  (Ord. No.: 175,51,3-26-03) Secs. 6-38, 6-39. Reserved.  Section 3. Section 4.  This Ordinance shall be codified in a manner consistent with the laws of the State of This Ordinance shall take effect immediately upon its adoption.. All Ordinances in conflict  Georgia and the City of Hampton.  herewith are expressly repealed. It is the intention of the governing body, and iti is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of  Created: 2024-10-28 15:30:17 [EST]  (Supp. No.1 16)  Page 10of11    Hampton, Georgia, and the sections of this Ordinance may be renumbered, if necessary, to accomplish  such intention. Section 5.  a. Itis hereby declared to be the intention of the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases of this Ordinance are or were, upon their enactment, believed by b. Itis hereby declared to be the intention of the Mayor and Council that, to the greatest extent allowed byl law, each and every section, paragraph, sentence, clause and phrase of this Ordinance is severable from every other, section, paragraph, sentence, clause or phrase oft this Ordinance. It isl herebyt further declared tol bet thei intention oft the Mayora and Councilt that, tot the greateste extent allowed by law, no section, paragraph, sentence, clause or phrase of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or phrase oft this Ordinance. Inthe event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of the Mayor and Council that such invalidity, unconstitutionality or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, tot the greatest extent allowed by law, allremaining phrases, clauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, enforceable, and of full force and  the Mayor and Council to bet fully valid, enforceable and constitutional.  effect. Section 6. specified herein.  Allordinances and parts of ordinances in conflict herewith are hereby expressly repealed.  Section7. The effective date of this Ordinance shall be the date of adoption unless otherwise  SO ORDAINED, this  day of  2024.  CITY OF HAMPTON, GEORGIA ANN N. TARPLEY, Mayor  ATTEST: City Clerk  APPROVED ASTOFORM:  First Reading: 11/12/2024 Second Reading/Adoption:  L'ERIN BARNES WIGGINS, City Attorney  Created: 2024-10-28: 15:30:17 [EST]  (Supp. No. 16)  Page 11 of11    Type of Request  ITEM# 10C  City of Hampton LEGISLATVESUMMARY  DP E CEORGIE Meeting Date: 11/12/2024 Action Type: Action by City Council  Discussion of ORDINANCE 2024-25 (FIRST  READ)  Department Requesting Agenda Item  Finance  Exhibit Attachments for Agenda Item: yuyPtroe  Fori informational-discussion purposes only  1) 0000-37-1000 2) 3) 4) 5) 6)  Presenter: Alex Cohilas Agenda Item:  Ordinance 2024-25 is to consider the recommendation and to adjust the City's revenues for the revenue Donation totaling $31,000 for the Hampton Youth Club (HYC) and the funds be accepted, deposited, recorded, reported, and posted to the revenue account, Donations- Private Source (Account number 100-0000-37-1000). in the City's General Ledger Revenue  portfolio.  Background/Summary:  To adjust the City's revenue for the Private Donation of $31,000 relating to the  funding of the scoreboard structure and operation.  Financial mpicationsConscerations -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -Is project grant funded and will require a and those funds arelare noth budgeted.  Y  N N NX NX Nx  %r match  Y  -Ist this request a Capital Project and part of Capital Project List?  Additional CommemiPecommenditons    CITY OF HAMPTON STATE OF GEORGIA  ORDINANCE NO. 2024-25  AN ORDINANCE TO AMEND THE FISCAL YEAR (FY) 2025 BUDGET; TO ALLOW FOR ACCEPTANCE OF FUNDS FROM THE HAMPTON YOUTH CLUB ("HYC"); TO PROVIDE AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR  OTHER LAWFUL PURPOSES.  THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS: SECTION1 1. FYE2025 Budget Amendment.  WHEREAS, the Mayor and Council are the governing body of the City of Hampton, WHEREAS, the City ofH Hampton sets and produces a budget to cover the City's.collections WHEREAS, the Cityi is currently operating ini the Fiscal Year Ending ("FYE')September 30, 2025 budget and seeks to make changes in appropriations in accordance with City Charter  Georgia; and  and expenses each fiscal year; and  Section 6.29; and  WHEREAS, the City operates and maintains Coley Park and leases its use to the HYC; WHEREAS, the HYC raised $31,000.00 in funds to improve Coley Park for their use and WHEREAS, to receive these funds from the HYC, the FYE2025 budget requires an WHEREAS, the City has determined that a budget amendment is necessary to initiate an BE IT HEREBY ORDAINED, by a majority vote of the Mayor and Council of the City of Hampton that the FYE2025 budget be amended to accept $31,000.00 from the HYC and said revenue be received into the general fund of the City as restricted for the use ofi improvements SECTION2. The preamble oft this Ordinance shall be considered to be and is hereby  future use of citizens and visitors to the City of Hampton; and  amendment; and  acceptance of the donation from HYC to the City.  to Coley Park.  incorporated by reference as if fully set out herein.  1    SECTION 3. This Ordinance shall be codified in a manner consistent with the laws oft the State SECTION 4. This Ordinance shall take effect immediately upon its adoption. All Ordinances in conflict herewith are expressly repealed. Iti ist theintention 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, City of Hampton, Georgia, and the sections oft this Ordinance may be renumbered, if  of Georgia and the City of Hampton.  necessary, to accomplish such intention.  SECTION! 5.  a. Itish hereby declared to bet the intention oft the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases ofthis Ordinance are or were, upon their enactment, believed b. Itishereby declared to bei the intention oft the Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause and phrase of this Ordinance is severable from every other, section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, tot the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase ofthis Ordinance is mutually dependent upon any other section, paragraph, sentence, clause C. In the event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional. or otherwise unenforceable by the valid judgment or decree ofa any court of competent jurisdiction, iti ist the express intent of the Mayor and Council that such invalidity, unconstitutionalty or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional. or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, SECTION6. All ordinances and parts of ordinances in conflict herewith are hereby expressly SECTION7. Theeffective date ofthis Ordinance shall bei the date of adoption unless otherwise  by the Mayor and Council to be fully valid, enforceable and constitutional.  or phrase of this Ordinance.  enforceable, and of full force and effect.  repealed.  specified herein.  SO ORDAINED, this  day of  2024.  2    CITY OF HAMPTON, GEORGIA ANN N. TARPLEY, Mayor  ATTEST:  CARMEN BLOUNT, Deputy City Clerk  APPROVED ASTO FORM:  L'ERIN BARNES WIGGINS, City Attorney  First Reading: Second Reading/ Adoption:  1-12-24  3    Type of Request YEAR (FY) 2024 BUDGET  ITEM# 100  City of Hampton   LEGISLATVESUMMARY  ORDINANCE 2024-26 TO AMEND THE FISCAL  GEORGIE Meeting Date: 11/12/2024 Action Type: Action! by City Council  Department Requesting Agenda Item  Finance  Exhibit Attachments sf for Agenda Item: 1) Breakout of budget 2) 3) 4) 5) 6)  Fori informational-iscussion purposes only  Presenter: Alex Cohilas Agenda Item:  ORDINANCE 2024-26 TO AMEND THE FISCAL YEAR (FY) 2024 BUDGET; TO ALLOW FOR. A BALANCED BUDGET; TO PROVIDE AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES  Background/Summay:  Financial mPicatonsConscealons -Isp project budgeted? -Will project require the use of Fund Balance? Ify yes, please state amount $ -Willt the project require funds? -Isp project grant funded and will require a and those funds arelare not budgeted.  Y N - N Y N Y N Y N  %match  -Ist this request a Capital Project andp part of Capital Project List?  Additional CommemtsPecommenditons    CITY OF HAMPTON STATE OF GEORGIA  ORDINANCE NO. 2024-26  AN ORDINANCE TO AMEND THE FISCAL YEAR (FY) 2024 BUDGET; TO ALLOW FOR A BALANCED BUDGET; TO PROVIDE AN ADOPTION AND EFFECTIVE DATE; AND TO PROVIDE FOR OTHER LAWFUL PURPOSES.  THE COUNCIL OF THE CITY OF HAMPTON HEREBY ORDAINS: SECTION1. FYE2024 Budget Amendment.  WHEREAS, the Mayor and Council are the governing body of the City of Hampton, WHEREAS, the City of Hampton sets and produces a budget to cover the City/s.collections WHEREAS, the City ended FY2024 on September 30, 2024 and determined that the attached budget amendments are necessary to ensuret that the FY2024 is closed asl balanced;and WHEREAS, in accordance with City Charter Section 6.29, the City seeks to make changes BE IT HEREBY ORDAINED, by a majority vote of the Mayor and Council of the City of Hampton that the FYE2024 budget be amended as reflected in Exhibit "A", attached hereto and SECTION2. The preamble of this Ordinance shall be considered to be and is hereby  Georgia; and  and expenses each fiscal year; and  ina appropriations asi indicated ini the attached Exhibit "A".  incorporated by reference.  incorporated by reference asi if fully set out herein.  SECTION3. This Ordinance shall be codified in a manner consistent with the laws of the State SECTION 4. This Ordinance shall take effect immediately upon its adoption. All Ordinances in conflict herewith are expressly repealed. It is thei intention oft the governing body, and iti ishereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances, City of Hampton, Georgia, and the sections oft this Ordinance may! be renumbered, if  of Georgia and the City of Hampton.  necessary, to accomplish such intention.  1    SECTION 5.  a. Itish hereby declared tol bet thei intention oft the Mayor and Council that all sections, paragraphs, sentences, clauses and phrases ofthis Ordinance are or were, upon their enactment, believed b. Itish hereby declared to bei the intention ofthe Mayor and Council that, to the greatest extent allowed by law, each and every section, paragraph, sentence, clause and phrase of this Ordinance is severable from every other, section, paragraph, sentence, clause or phrase of this Ordinance. It is hereby further declared to be the intention of the Mayor and Council that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase oft this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause C. In the event that any phrase, clause, sentence, paragraph or Section of this Ordinance shall, for any reason whatsoever, be declared invalid, unconstitutional. or otherwise unenforceable by the valid judgment or decree ofany court of competent jurisdiction, iti is the express intent of the Mayor and Council that such invalidity, unconstitutionalty or unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or Sections of the Ordinance and that, to the greatest extent allowed byl law, all emaningphrasei,dauses, sentences, paragraphs and Sections of the Article shall remain valid, constitutional, SECTION 6. All ordinances and parts of ordinances in conflict herewith are hereby expressly SECTION7. The effective date ofthis Ordinance shall bet the date of adoption unless otherwise  by the Mayor and Council to be fully valid, enforceable and constitutional.  or phrase of this Ordinance.  enforceable, and of full force and effect.  repealed.  specified herein.  SO ORDAINED, this  day of  2024.  CITY OF HAMPTON, GEORGIA ANN TARPLEY, Mayor  2    ATTEST:  CARMEN BLOUNT, Deputy City Clerk  APPROVED ASTO FORM:  L'ERIN BARNES WIGGINS, City Attorney  First Reading: Second Reading/ Adoption:  uhalat  3    Exhibit "A"  (FYE2024 Budget Amendments)  4    City of Hampton, Georgia Fiscal' Year 2024 Budget Amendment The City's General Fund Operating Budget $50,000 Account 100-7450-51-1100 $50,000 -Account 100-7450-52-1230 $35,000-Account 100-7450-52-1232 $13,000-Account 100-7450-52-1236  Source of Funding: Community Development Department FY24 Budget to decrease  Total-$148.000  Departments in FY24 Operating Budget to increase:  City Clerk  $8,000-A Account 100-1330-52-132 Human Resources $6,000 Account 100-1540-52-1230 Municipal Court $30,000- Account 100-2650-57-1020 £25,000- -Account 100-2650-57-1030 $15,000-Account 100-2650-57-1080 Economic Dev-Main Streets $64,000t to Account 100-7555-54-2500  Total: $148,000