Ordinance committee looks at language update
The Polk County Ordinance Review Committee is looking to make some changes to local legislation, and the group’s latest meeting in many months saw them highlight issues with topics such as Magistrate Court cases, special event alcohol permits, and tiny houses.
No official changes have been made yet, but the committee is hard at work refining the ordinances and ensuring the language matches up with the goals commissioners seek to fix.
For example, one issue found with Magistrate Court cases lies in language that allows for defendants to request trial by jury and often time escape punishment at the hands of a continued Superior Court backlog.
Often times, the cases are either not heard or dismissed.
“We don’t want people to think they can transfer something from Magistrate to Superior to get away with it,” County Manager Matt Denton said. “It also costs about $5,000 per case.”
The primary solution offered was to rework the roles of the guilty party and cut down on frivolous court proceedings.
“We let them carry it to trial, and if they’re found innocent then they’re good,” Commissioner Chuck Thaxton said. “If they’re found guilty, they pay the court cost.”
The committee hopes using the Superior Court’s trial by jury option will be used only by those who are confident in their innocence while those hoping to avoid punishment will be more wary of needlessly transferring their case.
“That’s something to think about,” Denton said. “It could stop a lot of frivolous ( lawsuits.)”
The definition of a ‘Special Event Venue’ was discussed by the committee, and the group hopes to make the concept easily understandable and enforceable by anyone planning to serve alcohol at their next gathering.
“If you’re conducting an event for a purely non-profit organization or civic group, then you can get a permit- up to six one- day permits per year- to sell alcohol,” Denton said. “First, you’ve got to get a permit from the county, and they’ve got to take that to the state, and the state will issue them a permit, but there’s a lot of moving parts in there.”
For example, we’re not really clear on whether or not one have an alcohol pouring license, at say, Jefferon’s in Cedartown or Rockmart, and then use that license told provide alcohol at a special event.
“Well, the state says no,” Denton said. “The state says they’re not portable.”
Not only is accessibility an issue, but often times organizations lose large portions of profit and the events become fruitless.
“Another thing to consider is, after the event, our ordinance says at least 50 percent of all the event’s revenue- they have to give us a form that they give that much money to the non-profit,” Denton said. “The only problem is, if you host an event that costs you $1,500 to put on and you only earn $1,000, you didn’t even break even if you’ve got to turn in 50 percent.”
The committee hopes to refine while changing how the payout for special events works.
“We need to rethink that,” Denton said. “Maybe rewrite it so it says 50 percent of the profit- if you’re going to require it at all. It just needs to be gone through, researched, and made to be more efficient.”
Since Polk has no ordinance language pertaining to tiny houses, the committee discussed where the lines should be drawn in regards to smaller, sometimes-mobile homes.
“We have nothing to prohibit, and if we’re going to allow, I would suggest the establishment of a special zoning. Have like a mobile home park- a temporary tiny house park. Most of the counties in Northwest Georgia, to my understanding, prohibit them. Forever and ever, we’ve had a minimum 1,200 square ft minimum on houses that we’ve enforced,” Denton said. The group explored both sides of the argument, and the topic is still up for debate. Future ordinances may prohibit tiny houses, but the qualifications for what makes a tiny house are also up for debate.
“It starts with research,” Denton said. “We need to find out what the other counties are saying.”
Other ordinances discussed included the likes of the Solar Farms Ordinance, Personnel Committee Ordinance, Malt Beverages Ordinance, Wrecker Service Ordinance, and more.
Changes to be made to any ordinance will have to be recommended out of the committee to go before the full board for vote before any language changes go into effect.