STATE OF GEORGIA CITY OF DEMOREST ORDINANCE NO.200807

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All the "Whereas" stuff is simply legalese sugar
coating on a bitter pill... as in: "nuisances ought to be
regulated and eliminated..." "Ought"??? Not "need"? Doesn't
"Ought" mean "In our opinion"? Is it written
in this general way to try to mask the
fact that they are targeting specific people?
A lot of this is ok but aren't there already enough
County and State ordnances for this stuff that have been given more
thought and scrutiny than a local council has the ability to do? Isn't
that what 38-5 (15) is... "Other conditions covered by state law." So
are they adding to State Law for specific local targets?
Section 38-6
Here they swerve off into building codes. Why not just have one
building code, why add it to this unless there is a target that they
couldn't get with the building code... or is this just redundant?
38-8 Investigation and Determination of Nuisance:"The City Manager or
her designee shall
exercise such powers as may be necessary...(3) To enter upon premises
for the purpose of making examinations, provided, however, that such
entries shall be made in such a manner as to cause the least possible
inconvenience to the persons in possession."
Just when is it
convenient to be harassed anyway? You need to read (4) and (5) also.
Taken to the limit she can send in a police swat team without a
warrant. Is Demorest part of the U.S.A. or not??? Kind of funny that
this ordinance presumes that the City Manager will always be a woman,
isn't it? ("The City Manager or her designee") It makes one wonder if
this ordinance was ever reviewed by a
competent lawyer, or is this just something they made up on their own?
The rest of it is about how they can hound you in court if you don't do
as she wants.... or
simply go for you as stated in:
Section 38-18 Immediate Abatement
"... the condition may be abated or otherwise remedied summarily
without following the procedures set forth herein."
Look, there are laws for this without giving the
Demorest City Manager marshal law powers. Demorest is a quiet little
town, there is no need for this
authoritarian attitude. If there is a perceived problem just ask the
people in a reasonable way to deal with it and offer help. If there is
a real problem, there are already laws for it, or it's none of their
business. This "There Ought to be a Law" stuff can go too far,
especially when written in this slipshod fashion.