§ 2-38. Scope of ordinances and regulations; enumeration of subjects.

In addition to all powers enumerated in section 2-34 of this article, or elsewhere herein, or otherwise by law provided, permitted or allowed, the governing authority, the board of commissioners of Cobb County, Georgia, is hereby empowered to adopt all such ordinances or regulations as it may deem advisable, not in conflict with the general laws of this state, and of the United States, for the governing and policing of said county for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof, and for the implementation and enforcement of all duties and powers now or hereafter vested in said board as the governing authority of Cobb County, Georgia, within the classes of subjects and areas of regulation enumerated below and as the same may from time to time hereafter be amended, and to provide penalties for violations of such ordinances within the limits hereinafter stated:

(1)

To control and regulate the operation of and running of bicycles, automobiles, motorcycles, motor scooters, buses, taxicabs, trucks, wagons and any and all kinds of vehicles operated in, upon, over and across the roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places in said county, outside the corporate limits of municipalities situated therein, whether such vehicles are propelled by hand, foot, animal, steam, electric, gasoline or other motive power; to prescribe and fix speed limits and speed zones for all of the enumerated vehicles, to erect stop and warning signs and signals at dangerous intersections or places, at schools or other public places; to prescribe and establish lanes and directional signs, signals and markings to control the direction or flow of traffic for all such vehicles, including limitation of travel to one direction and including markings, signals and devices to control and regulate the manner of turning at intersections; to regulate and control, as well as to prohibit entirely, the parking, stopping and standing of all such vehicles on or adjacent to such streets and public places; to control to the extent not prohibited by the laws of the State of Georgia the use of county rights-of-way, easements, and property by any firm, corporation, utility, or association, including the power to grant, prohibit, or regulate, as well as the power to grant franchises for the use thereof upon such terms as the governing authority may by ordinance prescribe; to impound such vehicles involved in violations of traffic ordinances or regulations; to restrict and limit the size and weight of all such vehicles operated on such streets and public places, to regulate and establish routes to be followed by trucks and other heavy or slow-moving vehicles; to regulate and control, by permits or otherwise, and to prohibit entirely the times, routes and manner of conduct of parades, motorcades and other assemblages of all such vehicles, and public address systems or other noise-making devices on such streets and public places, to regulate and control the manner of operation of all such vehicles along, over and across all such streets and ways so as to prohibit and prevent the careless and reckless operation of same in such manner as would be hazardous to persons or property; to regulate and control in any and all of the foregoing respects all travel by pedestrians and equestrians along, over and across such streets, ways and other public places; and to do any and all things to provide for the safety of persons and property using such roads, streets, lanes, alleys, sidewalks, parks, plazas, squares and other public places and of persons and property situated adjacent thereto; and any and all things necessary or incident to accomplishment of any of the foregoing powers, including the authority to require registration of the enumerated vehicles and of their owners and to prescribe standards of mechanical safety for such vehicles and qualifications of operators thereof; to provide for regulation of business licenses in all unincorporated areas. To carry out all or any of the foregoing powers, said board of commissioners is hereby empowered to adopt as county ordinances all or such portions of the Uniform Act Regulating Traffic on the Highways, approved January 11, 1954 (1953 Ga. Laws (Nov.-Dec. Sess.), page 556 [see O.C.G.A. § 40-6-1 et seq.]), as now or hereafter amended, as to said board may seem appropriate and the superior court or the state court of Cobb County may punish for violations thereof by fines and/or imprisonment not to exceed those set forth in said act or in this article or in the ordinances adopting same, and said board of commissioners may adopt such other and additional ordinances and regulations, not in conflict with said Uniform Act, and prescribe punishment for violation of same not to exceed the limits set forth in this article.

(2)

To adopt rules and regulations for the promotion of health and quarantine in the unincorporated areas of said county, as are authorized by law or not inconsistent with general laws or regulations of the state department of public health or the Cobb County board of health, and to prescribe penalties and punishment for violations thereof, within the limits prescribed by this article; to provide for the implementation of said health laws through the ordinances of said board of commissioners, and to further promote adequate health and quarantine provisions in said county in addition to those otherwise provided by law, and to this end said board of commissioners is authorized to adopt all or any portion of the regulations of said Cobb County board of health, as the same may be amended from time to time, and to prescribe additional regulations not inconsistent therewith, and to prescribe penalties and punishment, within the limits permitted by this article, for violation of any such ordinances and regulations, which penalties and punishments may be enforced and imposed by the superior court or the state court of Cobb County, or other court having jurisdiction over offenses against county ordinances. Said health and quarantine powers shall extend to and embrace the health and quarantine of animals as well as persons.

(3)

To prevent dogs, horses, mules, cattle, hogs, sheep, goats, chickens and all other animals, or any one or more kinds of such animals, from running at large in the unincorporated area of said county; to prevent the keeping of any animal or animals or to regulate the manner and numbers in which they may be kept; to take up and impound any of such animals and to punish all owners or other persons keeping animals for failure or refusal to obey any such ordinance and to fix penalties and charges to be paid for release of such impounded animals; to provide for the sale or disposition of unclaimed animals impounded; to levy and collect a tax or license fee upon dogs kept in said county and to provide for registration of dogs; and to do any and all things necessary to carry out the purposes of this section for the public interest.

(4)

To prescribe penalties and punishment within the provisions of this article for the violation of zoning ordinances, building codes (including electrical, plumbing, heating, and air conditioning regulations) and all other lawful ordinances adopted by said board of commissioners pursuant to this or any other law in force in said county.

(5)

To provide ordinances for the preservation and protection of county property and equipment and the administration and use of county facilities, such as parks, playgrounds and swimming pools, by the public, and to prescribe penalties and punishment for violations thereof.

(6)

To prescribe fire safety regulations in the Cobb County fire districts not inconsistent with general law, relating to both fire prevention and detection and to firefighting, and to prescribe penalties and punishment for violation thereof.

(7)

To prohibit or regulate and control the erection and/or 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 within the unincorporated area of said county, and to prescribe penalties and punishment for violation of such ordinances.

(8)

To adopt ordinances and regulations for the prevention of idleness, loitering, vagrancy, disorderly conduct, public drunkenness and disturbing the peace in the unincorporated area of said county and to prohibit the playing of lotteries therein, and to prohibit or regulate such other conduct and activities within said area of Cobb County which, while not constituting an offense against the general law of this state, is deemed by said board of commissioners to be detrimental and offensive to the peace, good order and dignity of Cobb County and to the welfare and morals of the citizens thereof.

(9)

To provide rules and regulations providing or requiring property owners to connect to public sewers and/or requiring a service charge for such service.

(10)

To authorize the governing authority of Cobb County to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said county outside the incorporated limits of the municipalities therein; to license and regulate taxicabs for hire in such unincorporated areas of said county; to classify businesses and business enterprises in unincorporated areas and to assess different license fees and taxes against different classes of businesses in unincorporated areas; to license all businesses and business enterprises in such areas of interest and welfare of citizens in unincorporated areas of said county, and prescribe rules and regulations concerning same, excepting from the application of these provisions only those businesses which are subject to regulation by the state public service commission; to authorize the governing authority to provide that the violation of any license fee or tax prescribed from [for] any business shall constitute a misdemeanor which, upon conviction, shall be punishable as for a misdemeanor, as defined by the laws of the State of Georgia.

(11)

To provide ordinances for the protection of county rights-of-way, including, but not limited to, prohibiting the dumping of trash, debris or litter thereon, the cutting of ditches, drains or excavations, on said road rights-of-way; to prescribe penalties and punishment within the provisions of this article for the violation of such ordinances.

(12)

To provide ordinances for minimum housing for the health and safety of the public in areas not providing same; the power to require that abandoned or unsafe structures be repaired, demolished, or removed, including the removal of abandoned, junk automobiles or other property which shall become a safety or health hazard.

(13)

To provide rules and regulations governing quasipublic services, such as garbage collections, wrecker service, ambulance service, taxicabs, or other public conveyance, and other activities that concern the public welfare and safety, including the power to operate and maintain such agencies for the welfare and safety of Cobb County in unincorporated areas.

(14)

To provide for a declaration of a state of emergency and prescribe and initiate emergency powers for the protection of persons and property.

(15)

All persons, firms, associations, utilities, and corporations, whether public or private, shall be subject to the terms of said ordinances of Cobb County within its jurisdiction unless expressly excluded herein and the governing authority shall have the power to enforce such ordinances by civil action, or injunction, or as otherwise provided herein.

(1964 Ga. Laws (Ex. Sess.) (Act No. 22), page 2075, § 11A; 1969 Ga. Laws (Act No. 213), page 2486, § 1)