STATE OF GEORGIA COUNTY OF FULTON CITY OF SOUTH FULTON ORDINANCE No. 2017- AN ORDINANCE TO AMEND TITLE XX OF THE CITY OF SOUTH FULTON CODE OF ORDINANCES, CRIMINAL OFFENSES; TO ESTABLISH DUTIES REGARDING SUPERVISION OF MINORS WITHIN THE CITY; TO PROVIDE PENALTIES FOR FAILURES TO SUPERVISE MINORS; AND FOR OTHER PURPOSES. WHEREAS, the City of South Fulton ( City ) is a municipal corporation duly organized and existing under the laws of the State of Georgia; and WHEREAS, pursuant to City Charter Section 1.12(b)(13) and 3.10(b), the City is authorized to regulate or prohibit any act, practice, or conduct it deems necessary, expedient, or helpful for the peace, good order, well-being, and safety of the inhabitants of the City and to provide for the enforcement of such standards; and WHEREAS, pursuant to City Charter Section 1.12(b)(25) and Section 3.10(b), the City is authorized to establish penalties for violation of any such ordinance; and WHEREAS, the City finds it to be in the public interest and for the health, safety, welfare, comfort, and well-being of the City and its inhabitants to regulate certain conduct of persons within the City where such conduct leads or may lead to harm to themselves or others; and WHEREAS, the City finds it to be in the public interest and for the health, safety, welfare, comfort, and well-being of the City and its inhabitants to prohibit certain conduct by Parents, legal guardians, or Custodians of Children where such conduct results in a Child committing Delinquent Acts and/or other offenses within the City; THE COUNCIL OF THE CITY OF SOUTH FULTON HEREBY ORDAINS as follows: Section 1: Title XX of the City of South Fulton Code of Ordinances is hereby amended to establish Chapter X, which shall include the following language Chapter X: Personal Conduct Sec. XX-XXXX. Parental Responsibility and Supervision (a) Definitions. As used in this section, all Capitalized terms shall have the same meanings assigned to them in O.C.G.A. 15-11-2:
(b) Applicability. This Section shall apply to any person who is the Parent, legal guardian, or Custodian of a Child and who resides in the City. (c) General. It is the continuous duty of the Parent, legal guardian, or Custodian of a Child to exercise reasonable control over the Child entrusted to their care in order to protect the Child from injury and to prevent the Child from committing any Delinquent Act or criminal offense within the City. It shall be unlawful for a Parent, legal guardian, or Custodian of a Child or any other person lawfully charged with the care of a Child to fail to supervise such a Child. (d) Parental Duties. Any Parent, legal guardian, or Custodian of a Child shall not knowingly fail to perform any of the following: 1. Keep controlled substances out of the home and out of the possession of the Child, except those drugs duly prescribed by a licensed physician or other authorized medical professional. 2. Keep firearms out of the possession of the Child, except those used and possessed in accordance with all applicable laws and regulations and with the knowledge and supervision of the Parent, legal guardian or Custodian of the Child. 3. Require the Child to observe any curfew imposed by the City, whether by ordinance or otherwise. 4. Require the Child to attend regular school sessions and forbid the Child from being absent from class unless such absence is excused by either by permission of the school or pursuant to official school policies and procedures or State law. 5. Arrange proper supervision for the Child when the Parent, legal guardian or Custodian of a Child is absent. 6. Prevent the Child from willfully or maliciously destroying property belonging to another person. 7. Forbid the Child from obtaining or possessing stolen property. 8. Forbid the Child from obtaining or possessing alcoholic beverages.
9. Keep the Child reasonably safe and away from individuals, including household members, who are known or reasonably believed to be violent or assaultive towards the Child or other individuals or household members or who would endanger the Child psychologically or physically. (e) Terms for Violations. A Parent, legal guardian, or Custodian of a Child is in violation this Section if he or she commits any of the following: (1) contributes to or assists in the commission a Delinquent Act or criminal offense by a Child within the City; (2) fails to perform any of the duties outlined in Subsection (d) above; or (3) fails to comply with the terms of any edict, decree, order, consent agreement, or other like document issued by the Juvenile Court or other Court of competent jurisdiction regarding his or her care or supervision of a Child. (f) Penalties. Any parent, guardian, or other person residing in this state who has control or charge of a child or children and who violates this Section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not greater than $100.00, imprisonment not to exceed 30 days, community service, required attendance and completion of a diversion program or parenting class established or approved by the Municipal Court, or any combination of such penalties, at the discretion of Municipal Court. Section 3: Severability. In the event any portion of this ordinance shall be declared or adjudged invalid or unconstitutional, it is the intention of the City Council of the City of South Fulton, Georgia, that such adjudication shall in no manner affect the other sections, sentences, clauses or phrases of this ordinance which shall remain in full force and effect, as if the invalid or unconstitutional section, sentence, clause or phrase were not originally a part of the ordinance. Section 4: Repealer. All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5: Effective Date. Unless specifically specified elsewhere in this Ordinance, the effective date of this Ordinance shall be. ******
The foregoing Ordinance No. was offered on by Councilmember, who moved its approval. The motion was seconded by Councilmember, and being put to a vote, the result was as follows: AYE NAY William Bill Edwards, Mayor Catherine Foster Rowell, Mayor Pro Tem Carmalitha Lizandra Gumbs Helen Zenobia Willis Gertrude Naeema Gilyard Rosie Jackson khalid kamau Mark Baker
THIS ORDINANCE adopted this day of 2017. SOUTH FULTON, GEORGIA CITY OF WILLIAM BILL EDWARDS, MAYOR ATTEST: MARK MASSEY, CITY CLERK APPROVED AS TO FORM: JOSH BELINFANTE, INTERIM CITY ATTORNEY