§ 1-103. Specific powers; certain powers enumerated.

In addition to and supplementary of any powers now or hereafter conferred upon and possessed by any municipality, the corporate powers of the city, to be exercised by the governing authority, shall include the following:

(1)

To levy and to provide for the assessment, valuation, revaluation, and collection of taxes on all property subject to taxation;

(2)

To levy and provide for the collection of license fees and taxes on privileges, occupations, trades, and professions, not in conflict with the general laws of this state, and to license and regulate such privileges, occupations, trades, and professions, and to provide for the manner and method of payment of such licenses and taxes;

(3)

To assess, charge, and collect rentals, interests, fees, penalties, fines, and costs; to assess and collect fees, charges, and tolls for sewer and water services under such rules and regulations as prescribed by ordinance; to levy and collect garbage, trash, refuse, and rubbish collection service charges and sanitary taxes under such rules and regulations as prescribed by ordinance; to collect income on investments and to accept funds, services, or property from other political subdivisions and public agencies, either local, state, or national, and from private persons, firms, or corporations;

(4)

To make appropriations for the support of the government of the city, to authorize the expenditure of money for any purposes authorized by this Charter and for any purpose for which a municipality is authorized by the laws of the State of Georgia, and to provide for the payment of expenses of the city;

(5)

To appropriate and borrow money to provide for payment of the debts of the city; to issue bonds for the purpose of raising revenue to carry out any project, program, or venture authorized under this Charter or the general laws of the state, provided such bonding authority shall be exercised in accordance with the laws governing the issuance of bonds by municipalities;

(6)

To acquire, dispose of, and hold in trust or otherwise, any real, personal, or mixed property, or any interest therein, inside or outside the corporate boundaries of the city, and to dispose of said property or any interest therein by sale, lease, or easement;

(7)

To accept or refuse gifts, donations, bequests, or grants from any source for any purpose related to the powers and duties of the city and the general welfare of its citizens, on such terms and conditions as the donor or grantor may impose;

(8)

To condemn property, inside or outside the corporate boundaries of the city, for present or future use, and for any corporate purpose deemed necessary by the council. In addition, the city shall be authorized to construct water and sewer utility lines through private property by condemnation or agreement; provided, however, that the condemnation of any existing public use by a condemning authority other than the city shall be denied unless it can be shown that the specific property to be condemned is absolutely essential to the condemning authority and the use to be condemned does not materially impair the existing public use;

(9)

To acquire, lease, construct, operate, maintain, regulate, control, sell, and dispose of public utilities, including but not limited to a system of waterworks, sewers and drains, sewage disposal, natural gas systems, electrical power systems, transportation facilities, airports, and any other public utility inside and outside the corporate limits; to fix the taxes, charges, rates, fares, fees, assessments, regulations and liens, penalties and withdrawal of service for refusal or failure to pay same and the manner in which such remedies shall be enforced, provided liens shall be enforced in the same manner and with the same remedies as a lien for city property taxes; to assess the cost or a portion of the cost of such facilities and services against abutting property under such rules, procedures, terms, and conditions of payment and enforcement thereof as provided by ordinance, provided the council shall have no power or authority to sell or in any way alienate the city's system of waterworks;

(10)

To grant franchises or make contracts for public utilities and public services as provided by law, including but not limited to community antenna television systems, railroads, steam heat companies, telephone and telegraph companies, and water companies. The city may prescribe the rates, fares, regulations, standards, and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission of the State of Georgia and may grant franchises and rights of way throughout the streets and roads, and over the bridges and viaducts, for the use of public utilities; the city may extend, renew, or amend a franchise at any time by mutual agreement of the parties and by adoption thereof by the city. In all other cases, the city shall have no authority or power to grant, consent to, or permit the extension, removal, or change of the term for which franchises have been or may be granted, or in any way to extend or renew the time for which permission has been or may be given to occupy the streets and public places, except and only during the twelve (12) months immediately preceding the expiration of the term of such franchises and permits; and all extensions and renewals made in violation of this section shall be void;

(11)

To lay out, open, extend, widen, narrow, establish, or change the grade of, vacate, abandon, or close, construct, pave, repave, curb, gutter, adorn with shade trees, otherwise improve, maintain, repair, clean, prevent erosion of, and light streets, alleys, sidewalks, and walkways within the corporate limits of the city; to acquire land for such improvements and to assess the cost or a portion of the cost of payment and enforcement thereof against abutting property under such rules, procedures, terms, and conditions as provided by ordinance;

(12)

To undertake and expend tax or nontax funds to foster mutual understanding, tolerance, respect, and improvement of human relations among all citizens of the city;

(13)

To establish and fix a system of grading and draining of the streets of the city; and to cause the owners of lots or cellars to drain or fill the same to the level of the streets or alleys upon which said lots or cellars are located. After reasonable notice, the city shall be authorized to have said lots or cellars so drained or filled and the amount so expended collected by executions against the owner or occupant thereof;

(14)

To accept by gift, acquire, lease, construct, operate, maintain, regulate, control, sell, and dispose of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, airports, auditoriums, and charitable, educational, recreational, conservation, sport, curative, corrective, detentional, penal, and medical institutions, agencies, and facilities; and any other public improvements, inside or outside the corporate limits of the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemnation, or under any power or procedure of eminent domain now or hereafter provided by the General Assembly of Georgia;

(15)

To require estate owners to repair and maintain in a safe condition the sidewalks adjoining their lots or lands; and to enact ordinances establishing the terms and conditions under which such repairs and maintenance shall be effected, including the penalties to be imposed for failure to do so;

(16)

To regulate the erection and construction of buildings and all other structures; to adopt building, housing, plumbing, electrical, gas, and heating and air conditioning codes; and to regulate all housing, building, and building trades; to license all building trades, and to license the construction and erection of buildings and all other structures;

(17)

To regulate or prohibit junk dealers; to regulate and control pawn shops; the manufacture, sale, or transportation of intoxicating liquors and alcoholic, malt, and vinous beverages; the use and sale of firearms; and to regulate the transportation, storage, and use of combustible, explosive, and inflammable materials, the use of lighting and heating equipment, and any other business or situation which may be dangerous to persons or property;

(18)

To regulate and control the conduct of peddlers, and itinerant trades, theatrical performances, exhibitions, and shows of any kind whatever by taxation or otherwise;

(19)

To license, tax, regulate, or prohibit professional fortunetelling or palmistry;

(20)

To prohibit or regulate and control the erection, removal, and maintenance of signs, billboards, trees, shrubs, fences, buildings, and any and all other structures or obstructions upon or adjacent to the rights of way of streets and roads or within view thereof, within or abutting the corporate limits of the city and to prescribe penalties and punishment for violation of such ordinances;

(21)

To prescribe standards of health, safety, and sanitation and to provide for the enforcement of such standards; to own, operate, lease, or contract for ambulance services and other emergency medical services, and to regulate health by adopting the rules, regulations, and orders of any county board of health;

(22)

To regulate the emission of smoke or other exhaust which pollutes the air and to prevent the pollution of natural streams which flow within the corporate limits of the city;

(23)

To fix and establish fire district limits and from time to time extend, enlarge, or restrict same; to prescribe fire safety regulations not inconsistent with general law, relating to both fire prevention and detection and to fire fighting, and to prescribe penalties and punishment for violation thereof;

(24)

To provide for the destruction and removal of any building or other structure which is dangerous or detrimental to the public;

(25)

To provide for the collection and disposal of garbage, rubbish, and refuse and to regulate the collection and disposal of garbage, rubbish, and refuse by others; and to provide for the separate collection of glass, tin, aluminum, cardboard, paper, and other recyclable materials and to provide for the sale of such items;

(26)

To levy, fix, assess, and collect a garbage, refuse, and trash collection and disposal and other sanitary service charge, tax, or fee for such services as may be necessary in the operation of the city from all individuals, firms, and corporations residing in or doing business therein and benefiting from such services; to enforce the payment of such charges, taxes, or fees and to provide for the manner and method of collecting such service charges, provided that any such charges, taxes, or fees, if unpaid, shall constitute a debt which shall be subject to a lien against any property of persons served, which lien shall be enforceable in the same manner, and under the same remedies, as a lien for city property taxes;

(27)

To levy a fee, charge, or sewer tax as necessary to assure the acquiring, constructing, equipping, operating, maintaining, and extending of a sewage disposal plant and sewerage system, and to levy on the users of sewers and the sewerage system a sewer service charge, fee, or sewer tax for the use of the sewers; and to provide for the manner and method of collecting such service charges and for enforcing payment of same;

(28)

To charge, impose, and collect a sewer connection fee or fees and to change the same from time to time, such fees to be levied on the users connecting with the sewerage system;

(29)

To define, regulate, and prohibit any act, practice, conduct, or use of property which is detrimental, or likely to be detrimental, to the health, sanitation, cleanliness, welfare, and safety of the inhabitants of the city and to provide for the enforcement of such standards;

(30)

To define a nuisance in the city and to provide for its abatement; to cause nuisances which are likely to endanger the health of the city or any neighborhood therein to be abated in a summary manner at the expense of the party whose act or negligence caused such nuisance, or of the owner of the property upon which the same may be located, as the city shall elect. The city may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this state or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten (10) days after written notice and hearing from the city to do so, said expense to be a lien upon the property for which execution may issue as for property taxes;

(31)

To provide for the preservation and protection of property and equipment of the city and the administration and use of same by the public and to prescribe penalties and punishment for violations thereof;

(32)

To establish minimum standards for and to regulate building construction and repair, electrical wiring and equipment, gas installation and equipment, plumbing, and housing for the health, sanitation, cleanliness, welfare, and safety of inhabitants of the city and to provide for the enforcement of such standards; to require adequate fire escapes on buildings; to regulate or restrict smoking in public places, dangerous substances, and weapons;

(33)

To provide that persons given jail sentences in the municipal court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the city may provide for the commitment of city prisoners to any county or other correctional institution, to jail, or to any other government agency, by agreement with the appropriate county officers or any other government agencies;

(34)

To adopt ordinances and regulations for the prevention of disorderly conduct, public drunkenness, and disturbing the peace in the corporate limits of the city and to prohibit the playing of lotteries therein, and to prohibit or regulate by ordinance such other conduct and activities within said city which, while not constituting an offense against the laws of this state, are deemed by the city to be detrimental and offensive to the peace and good order of the city or to the welfare of the citizens thereof;

(35)

To regulate and license, or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same in violation of any ordinance or lawful orders; also to provide for their disposition, by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide for the location, use, and cleanliness of private stables; to forbid the erection of such stables when they are likely to be injurious to the health of citizens; to provide punishment for violation of ordinances enacted hereunder;

(36)

To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in amounts prescribed by ordinance; to regulate and rent parking spaces in public ways for the use of such vehicles; to regulate transportation lines and terminals, pedestrian and vehicular traffic, parking and common carriers;

(37)

To regulate the operation of motor vehicles and exercise control over all traffic, including parking, upon or across the streets, roads, alleys, and walkways of the city;

(38)

To provide that upon the conviction of the violation of any ordinance, rule, regulation, or order such person shall be punished as provided by ordinance but not exceeding any limitations now or hereafter prescribed by the Charter;

(39)

To develop for park or recreational purposes land which is now owned by the city or which may be dedicated or otherwise acquired by it for such purpose; and to solicit and accept grants of land and use the same for such purpose; and to abate, in any manner provided by law, any pollution of the land or adjacent rivers, creeks, or other streams, caused by deleterious substances such as sewage of any kind whatsoever, chemicals, excrement or waste materials of any kind, brush, logs, or other deleterious matter or things, any of such pollution constituting a nuisance;

(40)

To levy taxes and to make appropriations for the purpose of advertising the city, its advantages and resources, so as to bring new capital, commercial, manufacturing, and other enterprises into the city, and to also levy taxes and to make payment from the general revenues and funds of the city for the support of libraries;

(41)

To regulate and control public streets, public alleys, and ways and the uses thereof; and to negotiate and execute leases over, through, under, or across any city property or the right of way of any public street, public alley, or way or portion thereof for bridges, passageways, or any other purpose or use between buildings on opposite sides of the street and other bridges, overpasses, and underpasses for private use at such locations; and to charge a rental therefor in such manner as may be provided by ordinance;

(42)

To regulate land use by the adoption of zoning ordinances, planning ordinances, and other regulatory ordinances; and said ordinances may be adopted pursuant to any general or special public act existing at the time of adoption;

(43)

The power to establish municipal offices, agencies, and employments; to define, regulate, and alter the powers, duties, qualifications, compensation, and tenure of all municipal officers, agents, and employees, but the members of the municipal governing body shall not have the right to fix or change their own terms or the terms of their successors, nor to alter their own salary or compensation, except pursuant to the authority of the "Municipal Home Rule Act of 1965," as amended, nor to alter such duties or responsibilities as are specifically given to a particular elective official by Charter. The city may also authorize any of such officers, agents, and employees of the city to serve in any manner prescribed by applicable law, any process, summons, notice, or order on all persons therein named where the paper to be served arises out of or relates to an activity or condition, other than a single isolated act or omission, conducted or maintained by such person within the territorial jurisdiction of the municipality in violation of an applicable law or ordinance covering the following: municipal housing, building, electrical, plumbing, heating, ventilating, air-conditioning, air and water pollution control, and other technical or environmental codes; municipal business, occupation, and professional license or tax ordinances, and municipal privilege, license or permit ordinances; where such originates in or is issued under the authority of the department or branch of the city employing such officer, agent, or employee, and only when each and every day the condition is maintained or the activity is conducted is made a separate municipal offense by applicable law or ordinance. Where any such paper names one (1) or more persons who reside outside the territorial jurisdiction of the city, the several sheriffs, marshals, and constables of the several counties of this state are authorized and directed to serve any such paper and make appropriate return of such service, as other process is by them now or hereafter served and returned, on such named persons residing in their respective jurisdictions upon receipt of written request to make such service and for the fees allowed for service of process issued by the superior courts of this state;

(44)

The power to establish merit systems, retirement systems, and insurance plans for all municipal employees and to provide the method or methods of financing such systems and plans;

(45)

To inspect, weigh, measure, and otherwise regulate any products grown, mined, manufactured, or otherwise produced or acquired within the city;

(46)

To regulate by licenses, bonds, permits, or otherwise, or restrict the manufacture, sale, lease, rental, use, or solicitation of any real or personal property and the presentation of any services or spectator activities;

(47)

To regulate or restrict through permits, fees, codes, review boards, or otherwise the construction, use, and maintenance of real or personal property and the emission and disposal thereon or therefrom of any substance that tends to pollute land, water, or air;

(48)

To make contracts with or for and to accept grants-in-aid and loans from the federal, state, county, and city governments, their agencies, and other authorities or any other political subdivision for joint services or the exchange of services; for the joint use, construction, expansion, improvement, or operation of facilities, equipment, or projects; and for the performance of any service or execution of any project which the city may be authorized to provide or perform or in which the city has an interest;

(49)

To provide for postentry training, blanket surety bonds, federal social security, and other employee services;

(50)

To establish a civil defense plan for the continuity of city government in the event of any enemy attack or other emergency;

(51)

To grant to city police officers the same power in the unincorporated areas of Fulton County to make arrests, to execute and return all criminal warrants and processes and exercise other powers as peace officers as sheriffs have;

(52)

To build, repair, or put in a safe condition a bridge or the approaches thereto across tracks and roadbeds at the expense, with interest and cost, of a railroad or railroad company in the case of the latter's failure after reasonable notice to do so when the city shall have declared the same necessary for the protection of human life. Execution may issue therefor, as other executions are issued by the city, and be levied on any property of such railroad or railroad company; and such execution shall bear interest at the rate of twelve (12) percent per annum, provided that nothing in this subsection shall require railroads or railroad companies to build bridges otherwise than is required by the general laws of this state, or the charters of such railroad companies, respectively, except in all cases in which a public street was in existence before the tracks of any such railroad or railroad companies where laid or placed across any public streets;

(53)

To provide for life, health, and other insurance benefits for its officers and employees;

(54)

To make, ordain, and establish such bylaws, ordinances, rules, and regulations as shall appear necessary for the security, welfare, convenience, and interest of the city and the inhabitants thereof, and for preserving the health, peace, order, and good government of the city;

(55)

To establish procedures for determining and proclaiming that an emergency situation exists within or without the city, and to make and carry out all reasonable provisions deemed necessary to deal with or meet such an emergency for the protection, safety, health, or well-being of the citizens of the city;

(56)

To exercise and enjoy all other powers, functions, rights, privileges, and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, and general welfare of the city and its inhabitants; to exercise all implied powers necessary to carry into execution all powers granted in this Charter, as fully and completely as if such powers were fully enumerated herein; to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia, and to do, perform, and render, or refrain therefrom, all things necessary or convenient to the carrying out of the objects of the powers, duties, and requirements set forth anywhere in this Charter.