CODE OF THE HENRY COUNTY BOARD OF COMMISSIONERS McDONOUGH, GEORGIA  


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  • CONSISTING OF:
    COMPILATION OF LOCAL CONSTITUTIONAL AMENDMENTS
    COMPILATION OF LOCAL ACTS
    COUNTY ORDINANCES

    Ordained and published
    by Order of the
    Henry County Board of Commissioners

    Adopted
    May 1, 1984

    Effective
    July 2, 1984

    HENRY COUNTY
    BOARD OF COMMISSIONERS

    CHAIRMAN
    Dave Crawford

    COMMISSIONERS

    Andrew Calhoun Jimmy L. Joyner*
    Janet C. Honea Cerelle Spraggins
    *Vice Chairman

     

    COUNTY ADMINISTRATOR
    Donald W. Norton

    COUNTY CLERK COUNTY ATTORNEY
    Sara B. Austin Ernest Blount

     

    CURRENT OFFICIALS

    OF

    HENRY COUNTY, GEORGIA

    ____________

    June Wood, Chair

    Johnny Wilson, District I

    Dee Clemmons, District II

    Gary Barham, District III

    Vivian Thomas, District IV

    Bruce Holmes, District V

    County Commissioners

    ____________

    Cheri Hobson-Matthews

    County Manager

    ____________

    Stephanie Braun

    County Clerk

    PREFACE

    The Henry County Code of Laws consists of three parts: Part I, Local Constitutional Amendments, being a compilation of local amendments to the Georgia Constitution relating to Henry County which were deemed advisable to be included; Part II, Local Acts, being a compilation of local acts adopted by the General Assembly relating to Henry County which were deemed advisable to be included; Part III, County Ordinances, being a codification of legislation adopted by the Henry County Board of Commissioners which is of a general and permanent nature. As expressed in the adopting ordinance, the Henry County Code of Ordinances supersedes all legislation adopted by the Henry County Board of Commissioners not included therein or recognized as continuing in force.

    As this volume contains three (3) distinct parts, each chapter is preceded by an arabic number designating the part. Thus, the second chapter of Part II (Local Acts) is Chapter 2-2, and the second chapter of Part III (County Ordinances) is Chapter 3-2. Section numbers are keyed to chapters so the first section of Chapter 1-2 is section 1-2-1 and the first section of Chapter 3-1 is section 3-1-1.

    Under this system each section is identified with its part and chapter number and any additions can be inserted in their proper place by the use of the decimal system. New material consisting of three sections that would logically come between sections 3-3-2 and 3-3-3 would be designated as sections 3-3-2.1, 3-3-2.2 and 3-3-2.3, respectively. Sections have been reserved at the end of articles and divisions for future expansion. New chapters may be included in the same manner. If the new material is to be included between Chapters 2-4 and 2-5 it will be designated as 2-4.5. New articles and new divisions may be placed at the end of the chapter embracing the subject, and, in the case of divisions, may be placed at the end of the article embracing the subject, the next successive number being assigned to the article or division.

    Footnotes which tie related sections of this volume together and which refer to relevant provisions of the state law have been included. A table listing the state law citations setting forth their location within this volume is included at the back of this volume. The source of each section is indicated by the history note appearing in parentheses at the end thereof. The absence of such a note indicates that the section is new and was adopted for the first time with the adoption of the Code. By use of the Comparative Tables, any local constitutional amendment, local act or ordinance included herein can be readily found in the Code.

    The index has been prepared with the greatest of care. Each particular item has been placed under several headings, some of the headings being couched in lay phraseology, others in legal terminology and still others in language generally used by county officials and employees. There are numerous cross references within the index itself which stand as guideposts to direct the user to the particular item in which he is interested.

    A special feature of this Code is the looseleaf system of binding and supplemental service, by which the Code will be kept up-to-date periodically. Upon the final passage of amendatory ordinances, they will be properly edited and the page or pages affected will be reprinted. These new pages will be distributed to holders of copies of the Code, with instructions for the manner of inserting the new pages and deleting the obsolete pages. Each such amendment, when incorporated into the Code, may be cited as a part thereof, as provided in section 4 of the Adopting Ordinance.

    The successful maintenance of this Code up-to-date at all times will depend largely upon the holder of the volume. As revised sheets are received it will then become the responsibility of the holder to have the amendments inserted according to the attached instructions. It is strongly recommended by the publishers that all such amendments be inserted immediately upon receipt to avoid misplacing them and, in addition, that all deleted pages be saved and filed for historical reference purposes.

    The publication of this Code was under the supervision of Roger D. Merriam, Supervising Editor of the Municipal Code Corporation, Tallahassee, Florida. Credit is gratefully given to the other members of the publisher's staff for their sincere interest and able assistance throughout the project.

    The publishers are most grateful to Mr. Philip T. Keen, Attorney for the Board of Commissioners, Mr. Ron Rabun, County Administrator and to other county officers and employees too numerous to mention, for their invaluable cooperation and assistance in the preparation of the manuscript of this publication.

    May, 1984

    MUNICIPAL CODE CORPORATION
    Tallahassee, Florida

    ADOPTING ORDINANCE
    ORDINANCE NO. 84-07

    AN ORDINANCE ADOPTING AND ENACTING A COMPREHENSIVE HENRY COUNTY CODE; ESTABLISHING THE SAME: PROVIDING FOR THE REPEAL OF CERTAIN LEGISLATION NOT INCLUDED THEREIN, EXCEPT AS HEREIN EXPRESSLY PROVIDED; PROVIDING FOR THE MANNER OF AMENDING SUCH CODE OR ORDINANCES; AND PROVIDING WHEN THIS ORDINANCE SHALL BECOME EFFECTIVE.

    BE IT ORDAINED, by the Board of Commissioners of Henry County, Georgia and it is hereby ordained by authority of the same:

    Section 1.  That the Code of Ordinances, consisting of Chapters 3-1 to 3-17, each inclusive, is hereby adopted and enacted as the "Henry County Code," and shall be treated and considered as a new and original comprehensive ordinance which shall supercede all other general and permanent ordinances of the County passed on or before December 12, 1983, to the extent provided for in Section 2 of this adopting ordinance.

    Section 2.  That all provisions of such new Code shall be in full force and effect from and after July 2, 1984, and all legislation of a general and permanent nature enacted by the Board of Commissioners on final passage of this new Code of Ordinances, on or before December 12, 1983, and not included in this new Code or are not specifically recognized and continued in force by reference therein, are hereby repealed from and after July 2, 1984 effective date, except as provided in Section 3 below.

    Section 3.  That the repeal provided for in Section 2 hereof shall not affect the following:

    (a)

    Any offense or act committed or done or any penalty or forfeiture incurred or any contract or right established or accruing before the effective date of this ordinance.

    (b)

    Any legislation promising or guaranteeing the payment of money for the County, or authorizing the issuance of any bonds for the County, or any evidence of the County's indebtedness, or any contract or obligation assumed by the County.

    (c)

    Any right or franchise granted by the County to any person, firm or corporation.

    (d)

    Any legislation dedicating, naming, defining, establishing, locating, relocating, opening, paving, widening, vacating, etc., any street or public way in the County.

    (e)

    Any appropriation of any legislation authorizing appropriations or gifts.

    (f)

    Any legislation providing for local improvements or assessing taxes therefor.

    (g)

    Any legislation establishing subdivision regulations or dedicating or accepting plat or subdivision in the County.

    (h)

    Any zoning ordinance.

    (i)

    Any legislation which is temporary, although general in nature.

    (j)

    Any legislation which is special, although permanent in nature.

    (k)

    Any legislation levying or otherwise relating to taxes.

    (l)

    Any ordinance enacted after December 12, 1983.

    Nor shall such repeal be construed to revive any legislation which has been repealed by subsequent legislation which is repealed by this ordinance.

    Section 4.  That any and all additions and amendments to such Code, when passed in such form as to indicate the intention of the Board of Commissioners to make the same a part thereof, shall be deemed to be incorporated in such Code so that reference to the "Henry County Code" shall be understood and intended to include all such additions and amendments.

    Section 5.  That a copy of such Code shall be kept on file in the office of the Clerk of the Board of Commissioners preserved in looseleaf form, or in such other form as the Clerk may consider most expedient. It shall be the express duty of the Clerk, or someone authorized by her, to insert in their designated places all amendments, ordinances, resolutions or motions which indicate the intention of the Board of Commissioners to make the same a part of such Code when the same have been printed or reprinted in page form, and to extract from such Code all provisions which may be from time to time repealed by the Board of Commissioners. Such copy shall be available for all persons desiring to examine the same.

    BE IT ORDAINED, that all ordinances or parts of ordinances in conflict herewith are, to the extent of such conflict, hereby repealed.

    BE IT ORDAINED, that the Chairman of the Board of Commissioners be authorized to sign this ordinance on behalf of the Board of Commissioners.

    BE IT FURTHER ORDAINED, that this ordinance shall become effective on July 2, 1984.

    PASSED AND ADOPTED, by the Board of Commissioners of Henry County, Georgia, this the 1st day of May, 1984.

    HENRY COUNTY BOARD OF COMMISSIONERS:

    BY: Edward H. Whiddon, Sr. Chairman

    ATTEST:

    Beverly P. McLeod, Clerk