HomeMy WebLinkAbout2018-05-29 Meeting AgendaPublic Service Committee Meeting Commission Chamber- 5/29/2018- 1:00 PM
PUBLIC SERVICES
1.New Location Application: A.N. 18-17: A request by Pamela
Smith for a retail package Beer & Wine License to be used in
connection with Fred's Stores of Tennessee, Inc. d/b/a/ Fred's
Store #1930 located at 2872 Tobacco Road. District 8. Super
District 10.
Attachments
2.New Ownership Application: A.N. 18-18: A request by Young
Hi Han for a retail package Beer & Wine License to be used in
connection with JulyKiss Co, Inc. d/b/a Kissingbower Liquor
Store located at 1773 Kissingbower Road. District 2. Super
District 9.
Attachments
3.New Ownership Application: A.N. 18-19: A request by
Maritza Ramos Castro for a retail package Beer & Wine
License to be used in connection with Dabraham, LLC located
at 1959 Kissingbower Road. District 2. Super District 9.
Attachments
4.New Ownership Application: A.N. 18-20: A request by Sayed
Mirwais Haydary for a retail package Beer & Wine License to
be used in connection with Sayed MH, Inc. d/b/a Grab N Go
located at 2160 M L King Jr Blvd. District 2. Super District 9.
Attachments
5.Motion to approve playground equipment purchase for the
Bernie Ward Community Center as part of RFP Item #17-275
for $124,000.
Attachments
6.Discuss options, requirements, issues, solutions for Businesses
that desire to open in the downtown district or within the
footprint of the Downtown Development Authority. (Requested
by Commissioner Sammie Sias)
Attachments
7.Attachments
Request Commission approval to enter into Phase III contract
with MCCi, LLC as a sole source vendor for the amount of ‘not
to exceed $85,000.00’ for the purpose of digitizing and indexing
historic building plans.
8.Approve amendments to the Augusta, Georgia Code, Title 4,
Chapter 2, Article 2, Litter Control, Section 4-2-9 Littering
Streets and Sidewalks Prohibited so as to provide regulations
prohibiting the placing of posters, signs and advertisements on
any public property; and delete the section titled ‘Tiered Fee
Schedule’.
Attachments
9.A motion to approve the purchase of a System for the New
Transit Operation and Maintenance Facility from Stertil-Koni. Attachments
10.Motion to approve the minutes of the Public Services
Committee held on May 8, 2018.Attachments
11.Motion to approve an Ordinance to amend Augusta,
Georgia Code Sections 3-5-1 and 3-5-86 to allow personal
transportation vehicles with specified safety features to be used
on certain streets; to provide for definitions; to provide for
safety requirements and registration procedures for
personal transportation vehicles to be used on Augusta
streets for the purpose of reducing harmful environmental
emissions and supporting tourism; to repeal all Code sections
and ordinances and parts of Code sections and ordinances in
conflict herewith; to provide an effective date and for other
purposes.
Attachments
12.Report from the Subcommittee appointed on March 28, 2018 to
consider draft Ordinance to Restrict Smoking and the use of
E-Cigarettes in public places of public accommodation.
Attachments
13.Approve a request from the CSRA Regional Commission / Area
Agency on Aging for Augusta, Georgia to assist with the
funding of the Home Delivered Meal program for the remainder
of fiscal year 2018 (ending on June 30, 2018).
Attachments
14.Report from Recreation Department on upcoming department's
sponsored major events at the Augusta Common. (Requested
by Commissioner Marion Williams)
Attachments
www.augustaga.gov
Public Service Committee Meeting
5/29/2018 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:New Location Application: A.N. 18-17: A request by Pamela
Smith for a retail package Beer & Wine License to be used in
connection with Fred's Stores of Tennessee, Inc. d/b/a/ Fred's
Store #1930 located at 2872 Tobacco Road. District 8. Super
District 10.
Background:This is a New Location Application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,330.00.
Alternatives:
Recommendation:The Planning & Development Office approved the application
subject to additional information not contradicting the
applicant’s statements. The Sheriff’s Office approved the
application subject to additional information not contradicting
applicant’s statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 1
Law
Administrator
Clerk of Commission
Cover Memo
Item # 1
Attachment number 1 \nPage 1 of 4
Item # 1
Attachment number 1 \nPage 2 of 4
Item # 1
Attachment number 1 \nPage 3 of 4
Item # 1
Attachment number 1 \nPage 4 of 4
Item # 1
Public Service Committee Meeting
5/29/2018 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:New Ownership Application: A.N. 18-18: A request by Young
Hi Han for a retail package Beer & Wine License to be used in
connection with JulyKiss Co, Inc. d/b/a Kissingbower Liquor
Store located at 1773 Kissingbower Road. District 2. Super
District 9.
Background:This is an Existing Location/New Ownership Application.
Formerly in the name of Hee Ra Choi.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $4,660.00.
Alternatives:
Recommendation:The Planning & Development Office approved the application
subject to additional information not contradicting the
applicant’s statements. The Sheriff’s Office approved the
application subject to additional information not contradicting
applicant’s statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:Cover Memo
Item # 2
Law
Administrator
Clerk of Commission
Cover Memo
Item # 2
Attachment number 1 \nPage 1 of 4
Item # 2
Attachment number 1 \nPage 2 of 4
Item # 2
Attachment number 1 \nPage 3 of 4
Item # 2
Attachment number 1 \nPage 4 of 4
Item # 2
Public Service Committee Meeting
5/29/2018 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:New Ownership Application: A.N. 18-19: A request by Maritza
Ramos Castro for a retail package Beer & Wine License to be
used in connection with Dabraham, LLC located at 1959
Kissingbower Road. District 2. Super District 9.
Background:This is a New Ownership Application.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,330.00.
Alternatives:
Recommendation:The Planning & Development Office approved the application
subject to additional information not contradicting the
applicant’s statements. The Sheriff’s Office approved the
application subject to additional information not contradicting
applicant’s statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 3
Law
Administrator
Clerk of Commission
Cover Memo
Item # 3
Attachment number 1 \nPage 1 of 4
Item # 3
Attachment number 1 \nPage 2 of 4
Item # 3
Attachment number 1 \nPage 3 of 4
Item # 3
Attachment number 1 \nPage 4 of 4
Item # 3
Public Service Committee Meeting
5/29/2018 1:00 PM
Alcohol Application
Department:Planning & Development
Presenter:Julietta H. Walton
Caption:New Ownership Application: A.N. 18-20: A request by Sayed
Mirwais Haydary for a retail package Beer & Wine License to
be used in connection with Sayed MH, Inc. d/b/a Grab N Go
located at 2160 M L King Jr Blvd. District 2. Super District 9.
Background:This is a New Ownership Application. Formerly in the name of
Joseph Urban.
Analysis:The applicant meets the requirements of the City of Augusta's
Alcohol Ordinance.
Financial Impact:The applicant will pay a fee of $1,330.00
Alternatives:
Recommendation:The Planning & Development Office approved the application
subject to additional information not contradicting the
applicant’s statements. The Sheriff’s Office approved the
application subject to additional information not contradicting
applicant’s statements.
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 4
Law
Administrator
Clerk of Commission
Cover Memo
Item # 4
Attachment number 1 \nPage 1 of 4
Item # 4
Attachment number 1 \nPage 2 of 4
Item # 4
Attachment number 1 \nPage 3 of 4
Item # 4
Attachment number 1 \nPage 4 of 4
Item # 4
Public Service Committee Meeting
5/29/2018 1:00 PM
Bernie Ward Playground Equipment RFP #17-275
Department:Recreation and Parks
Presenter:H. Glenn Parker
Caption:Motion to approve playground equipment purchase for the
Bernie Ward Community Center as part of RFP Item #17-275
for $124,000.
Background:The Recreation and Parks Department has reviewed each of the
playground submittals for RFP #17-275. We are recommending
the additional purchase of a new play unit for the Bernie Ward
Park using a combination of SPLOST VII funds and Capital
Funds. Although this unit was originally designed for Wood
Park it would fit into the allotted area at Bernie Ward Park and
additional meets the departments budgetary constraints.
Analysis:Nine (9) RFP packages were received from the industry vendors.
Financial Impact:$124,000
Alternatives:1 - To Approve the purchase of playground equipment for the
Bernie Ward Park as part of RFP #17-275 for $124,000 using a
combination of SPLOST VII and Capital Funds. 2 - Move No
Action.
Recommendation:To Approve the purchase of playground equipment for the
Bernie Ward Park as part of RFP #17-275 for $124,000 using a
combination of SPLOST VII and Capital Funds.
Funds are
Available in the
Following
Accounts:
329061110 $70,958.76 272061110 $53,041.24
Cover Memo
Item # 5
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 5
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
o
f
5
It
e
m
#
5
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
2
o
f
5
It
e
m
#
5
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
3
o
f
5
It
e
m
#
5
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
4
o
f
5
It
e
m
#
5
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
5
o
f
5
It
e
m
#
5
Request for Proposal
Request for Proposals will be received at this office until Thursday, November 2, 2017 @ 11:00 a.m. for furnishing:
RFP Item # 17-275 2017-2018 Playground Improvements for the Augusta, GA – Recreation and Parks
Department
RFPs will be received by: The Augusta Commission hereinafter referred to as the OWNER at the offices of:
Geri A. Sams, Director
Augusta Procurement Department
535 Telfair Street - Room 605
Augusta, Georgia 30901
RFP documents may be viewed on the Augusta, Georgia web site under the Procurement Department ARCbid. RFP
documents may be obtained at the office of the Augusta, GA Procurement Department, 535 Telfair Street – Room 605,
Augusta, GA 30901.
A Pre Proposal Conference will be held on Tuesday, October 17, 2017 @10:00 a.m. in the Procurement Department,
535 Telfair Street, Room 605. A Site Visit will follow.
All questions must be submitted in writing by fax to 706 821-2811 or by email to
procbidandcontract@augustaga.gov to the office of the Procurement Department by Thursday, October 19, 2017,
@ 5:00 P.M. No RFP will be accepted by fax, all must be received by mail or hand delivered.
No RFP may be withdrawn for a period of 60 days after bids have been opened, pending the execution of contract
with the successful bidder(s). A 100% performance bond and a 100% payment bond will be required for award.
Request for proposals (RFP) and specifications. An RFP shall be issued by the Procurement Office and shall include
specifications prepared in accordance with Article 4 (Product Specifications), and all contractual terms and conditions,
applicable to the procurement. All specific requirements contained in the request for proposal including, but not
limited to, the number of copies needed, the timing of the submission, the required financial data, and any other
requirements designated by the Procurement Department are considered material conditions of the bid which are
not waivable or modifiable by the Procurement Director. All requests to waive or modify any such material condition
shall be submitted through the Procurement Director to the appropriate committee of the Augusta, Georgia
Commission for approval by the Augusta, Georgia Commission. Please mark RFP number on the outside of the
envelope.
Proponents are cautioned that acquisition of RFP documents through any source other than the office of the
Procurement Department is not advisable. Acquisition of RFP documents from unauthorized sources places the
proponent at the risk of receiving incomplete or inaccurate information upon which to base his qualifications.
Correspondence must be submitted via mail, fax or email as follows:
Augusta Procurement Department
Attn: Geri A. Sams, Director of Procurement
535 Telfair Street, Room 605
Augusta, GA 30901
Fax: 706-821-2811 or Email: procbidandcontract@augustaga.gov
GERI A. SAMS, Procurement Director
Publish:
Augusta Chronicle September 21, 28, October 5, 12, 2017
Metro Courier September 27, 2017
Attachment number 2 \nPage 1 of 1
Item # 5
OFFICIAL
VENDORS Attachment
"B"E-Verify SAVE
Form
Addendum
1 Original 7
Copies
Fee
Proposal
Compliance
Review
Playcore Wisconsin dba Gametime
632 Florida Central Parkway
Longwood, FL 32750
YES 131211 YES YES YES YES YES YES
Lanier Plans, Inc. dba Korkat
221 Cable Industiral Way
Carrollton, GA 30117
YES 253952 YES YES YES YES YES YES
Miracle Recreation Equipment
878 E. Highway 60
Monett, MO 65708
YES 206364 YES YES YES YES YES YES
Play South Playground Creators
dba Play South, LLC.
212 Clearview Estates Drive
Newnan, GA 30265
YES 942178 YES YES YES YES YES YES
Play Ground Creations/ dba
Archictectural Design Specialties
1500-K Southland Circle
Atlanta, GA 30318
YES 649530 YES YES YES YES YES NO
PPLT Farmington, Inc. c/o Playworx
Playsets, LLC.
810 Holly Ridge
Canton, GA 30115
YES 53236 YES YES YES YES YES NO
Great Southern Recreation
2441-Q Old Fort Parkway
Murfeesboro, TN 37128
YES 882872 YES YES YES YES YES YES
Playworld Preferrred
11515 Varstory Drive, Suite 100
Huntersville, NC 28078
YES 946279 YES YES YES YES YES NO
Bliss Products and Services
6831 S. Sweetwater Road
Lithia Springs, GA 30122
YES 329247 YES YES YES YES YES NO
Total Number Specifications Mailed Out: 35
Total Number Specifications Download (Demandstar): 3
Total Electronic Notifications (Demandstar): 63
Pre Proposal Telephone Conference Attendees: 14
Total packages submitted: 9
Total Noncompliant: 4
RFP 17-275 2017-2018 Playground Improvements
for Augusta, GA Recreation and Parks Department
RFP Date: Tuesday, November 14, 2017 @ 3:00 p.m.
The following vendors have been deemed Non-Compliant for failing to meet the good faith efforts:Bliss Products and
Services, Playworld Preferred, PPLT Farmington, Inc. c/o Playworx Playsets, LLC., Playground Creations dba
Architectural Design Specialties,
Page 1 of 1
Attachment number 3 \nPage 1 of 1
Item # 5
Attachment number 4 \nPage 1 of 3
Item # 5
Attachment number 4 \nPage 2 of 3
Item # 5
Attachment number 4 \nPage 3 of 3
Item # 5
Attachment number 5 \nPage 1 of 9
Item # 5
Attachment number 5 \nPage 2 of 9
Item # 5
Attachment number 5 \nPage 3 of 9
Item # 5
Attachment number 5 \nPage 4 of 9
Item # 5
Attachment number 5 \nPage 5 of 9
Item # 5
Attachment number 5 \nPage 6 of 9
Item # 5
Attachment number 5 \nPage 7 of 9
Item # 5
Attachment number 5 \nPage 8 of 9
Item # 5
Attachment number 5 \nPage 9 of 9
Item # 5
Attachment number 6 \nPage 1 of 4
Item # 5
Attachment number 6 \nPage 2 of 4
Item # 5
Attachment number 6 \nPage 3 of 4
Item # 5
Attachment number 6 \nPage 4 of 4
Item # 5
Attachment number 7 \nPage 1 of 3
Item # 5
Attachment number 7 \nPage 2 of 3
Item # 5
Attachment number 7 \nPage 3 of 3
Item # 5
Public Service Committee Meeting
5/29/2018 1:00 PM
Businesses locating in downtown Augusta
Department:Clerk of Commission
Presenter:
Caption:Discuss options, requirements, issues, solutions for Businesses
that desire to open in the downtown district or within the
footprint of the Downtown Development Authority. (Requested
by Commissioner Sammie Sias)
Background:With the expansion of the Cyber district we now have a number
of varying types of businesses that want to open downtown. A
major problem for them is our mandatory requirement that they
must guarantee the availability of parking spaces. We need to
eliminate that requirement based on the following: The city is
working on a plan to better manage the available downtown
parking, there is not a shortage overall, but a possible shortage
near a business trying to open in the downtown district and we
are losing new businesses because of this requirement. This is a
problem that we can solve immediately, so I am asking everyone
to start the dialogue now, not later.
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
Cover Memo
Item # 6
REVIEWED AND APPROVED BY:
Cover Memo
Item # 6
Nancy Morawski
From:
Sent:
To:
Cc:
Subiect:
Ms Bonner,
Commissioner Sammie Sias
Thursday, May 24,20L8 8:47 AM
Lena Bonner
Robert H. Sherman; Janice Allen Jackson; Margaret Woodard; Nancy Morawski
Planning and Development Ordinance Parking Requirements in the Downtown District
Please place the following agenda item on the Public Services Committee Committee agenda for 29 May 2018.
Discuss options, requirements, issues, solutions for Businesses that desire to open in the downtown district or
within the footprint of the Downtown Development Authority.
Background: With the expansion of the Cyber district we now have a number of varying types of businesses
that want to open downtown. A major problem for them is our mandatory requirement that they
must guarantee the available of parking spaces. We need to eliminate that requirement based on the
following:
The city is working on a plan to better manage the available downtown parking
There is not a shortage overall, but a possible shortage near a business try to open in the downtown
district
We losing new businesses because of this requirement
This is a problem that we can solve immediately, so I asking everyone to start the dialogue now, not later.
Sammie L. Sias
Commissioner,
Augusta Richmond County
"Foilure is not on Option"
Please consider the environment before printing this email.
a
a
This e-mail contains confidential information and is intended only for the individual named. lf you are not the named addressee, you should not disseminate,distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system.The City of Augusta accepts no liability for the content of this e-mail or for the consequences of any actions taien on the basis of the information provided, unlessthat info-rmation is subsequently confirmed in writing. Any views or opinions presented in this e-mail are solely those of the author and do not necessarily represenlthose of the City of Augusta. E-mail transmissions cannot be guaranteed to Le secure or error-free as informition could be intercepted, corrupted, lost, destroyed,arrive late or incomplete, or contain viruses. The sender lherefore does not accept liabiliiy for any errors or omissions in the content of this message which arise asa result of the e-mail transmission. lf verification is required, please request a haid copy version_AED:104.1
Attachment number 1 \nPage 1 of 1
Item # 6
Public Service Committee Meeting
5/29/2018 1:00 PM
Digitizing and Indexing Historic Building Plans – Phase III
Department:Planning & Development
Presenter:Rob Sherman
Caption:Request Commission approval to enter into Phase III contract
with MCCi, LLC as a sole source vendor for the amount of ‘not
to exceed $85,000.00’ for the purpose of digitizing and indexing
historic building plans.
Background:The State record retention code requires that building plans be
retained for the life of the structure. We have approximately
twenty-five years of building plans stored in the attic of the
building at 1815 Marvin Griffin Road. The general condition of
the plans is deteriorating because of the exposure to the humid
environment and the age of some of the plans. The goal for this
project is to have the building plans scanned into a database
where they can be stored and easily accessed.
Analysis:The Information Technology Department is working with the
Planning & Development Department for the conversion and
indexing service to store building plans. In 2017, the Planning
Department began the scanning project using MCCi because of
their established vendor relationship within the Procurement
Department and the Information Technology Department.
Approximately 19,069 pages have been scanned in Phases I & II
at a total cost of $27,269.56…. The use of MCCi as the Sole
Source vendor has been approved by the Procurement
Department and the Administrator….Approximately 195,182
pages remain to be scanned.
Financial Impact:Not to exceed $85,000.
Alternatives:Do not approve.
Recommendation:Approve Cover Memo
Item # 7
Funds are
Available in the
Following
Accounts:
The funds are in Org. Key 217-07-2210, Object Code 5213110
Data Processing
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 7
.-fr.
Vendor:MCCI E-Verify Number:4)10)
Comrnodity: PROJECT SOFTWALE
Estimated annual expenditure fbr the above commodity or seruice:s 85,000
Initial all entries below that apply to the proposed purchase. Attach a memorandum containing complete
justification and support documentation as directed in initialed entry. (More than one entry will apply to most
sole source products/services requested).
I. SOLE SOURCE REQUEST IS FOR THE ORIGINAL MANUFACTURER oR PRoVIDER.
THERE ARE NO REGIONAL DISTRIBUTORS. (Aftach the uranuf'acturer's wrirten
certification that no regional distributors exist. Item no. 4 also must be completed.)
2, SoLE SoURCE REQUEST IS FoR oNLY THE AUGUSTA GEoRGIA AREA
DISTRIBUTOR OF THE ORIGINAL MANUFACTURER OR PROVIDER. (Attach the
manufacturer's - not the distribut written certification that identifies all regional
distributors. Item no. 4 also must be completed )
3. THE PARTS/EQUIPMENT ARE NOT INTERCHANGEABLE wITH SIMILAR PARTS oF
ANOTHER MANUFACTURER. (Explain in separate memorandurn.)
4. THIS IS THE ONLY KNOWN ITEM OR SERVICE THAT WILL MEET THE SPECIALIZED
NEEDS OF THIS DEPARTMENT OR PERFORM THE INTENDED FLTNCTION. (Attach
memorandum with details of specialized function or application.)
5. THE PARTS/EQUIPMENT ARE REQUIRED FRoM THIS SoURCE To PERMIT
STANDARDIZATION. (Attach memorandum describing basis for standardization request.)
6. NONE OF THE ABOVE APPLY. A DETAILED EXPLANATIoN AND JUSTIFICATIoN
FOR THIS SOLE SOURCE REQUEST IS CONTAINED IN ATTACHED MEMORANDUM.
x
Sole Source Justification (Reference Article
Contract Awards, S 1-10-56 SOLE
6, Procurement Source Selection Methods and
SOURCE PROCUREMENT
t: Planning and DevelopTf Date:
Date:
Date:
Date:
The undersigned requests
of the service or material
or material.
Narne:Robert H. Sherma
Department Head Signature:
Approval Autliority:
Adrninistrator Approval
that competitive procurement be waived and that the vendor identif-red as the supplier
described in this sole source justification be authorized as a sole source for the service
il#
COMMENTS:" W6'ire5 (o^*
Rev.09/10/12
tt>i.,,', /'pPro
Attachment number 1 \nPage 1 of 2
Item # 7
'1Sttf,y 1q)*sli:Efi
Augusta Planning and Development
Department
Robert H. Sherman, III
Interim Director
To:
From:
Subject:
Date:
Approved:
Approved:
Ms. Janice Allen Jackson, Administrator
Ms. Geri Sams, Director of Procurement
-? F*
Robert H. Sherman lll, lnterim Director - Planning and Development
Conversion & lndexing Service Project for Planning and Development - Phase lll
May 4, 2018
nsemO
AdmfrhmO*Omca
iily 0I ?ofi
tugudqGA
The lnformation Technology Department (lT) is working with the Planning and Development
Department for the conversion and indexing service to store building plans. These plans are currently
stored at the old Planning and Development Building at 1815 Marvin Griffin Road, Augusta, Georgia,
30906. As you are aware, the Planning and Development Department vacated the 1815 Marvin Griffin
Road location two years ago and must have plans moved by July 2018.
The Planning and Development Department is requesting to use MCCI, LLC for the continuation of Phase
lll of this project. MCCI is already an established vendor within Augusta Procurement and the lT
department already has a contract with the company for the use of the Laser fiche database software.
The Goal for this project is to have the building plans scanned into a database where they can be stored
and easily accessed. Enclosed is a Sole Source Justification form as well as the quote from MCCI for
Phase lll. The estimated cost for this project will not exceed 585,000.00, which will be funded through
the Planning and Development Data Processing Budget object code217-O7-22L0, org key 52-13110.
Upon our approval, we will proceed to create an agenda ltem for Commission approval. Please do not
hesitate to contact me if you have questions.
**' Slqln
Date: *lq It I
rector of Procurement
s. Janice All6n Jack ministrator
5-15 Trllair Street' Augustr. G,\. 30901
7 116.1121.1196. Far: 706.82 l. I806
wu w.august:rga.gov
Attachment number 1 \nPage 2 of 2
Item # 7
Cover Page
Prepared For:
Augusta – Richmond County, GA
Presented By:
Mike Beaudreau
SCANNING
SOLUTION
Issued: May 13, 2018
Attachment number 2 \nPage 1 of 7
Item # 7
Mike B.
May 13, 2018
Ms. Debbie Freeman
Augusta – Richmond County
535 Telfair Street Building 2000
Augusta, GA 30901
Dear Ms. Freeman:
Thank you for allowing me to work with you regarding our Digitization services. While reviewing the
enclosed Proposal, please keep in mind the following advantages of being a MCCi Client:
Experience - MCCi was created by Municipal Code Corporation to focus on innovative solutions for
the public sector. MCCi has been providing scanning, indexing, and conversion services to entities
including Cities, Counties, State Agencies, Special Districts, School Districts, Law Enforcement, and
more for over 15 years. We have completed hundreds of projects and have a long list of satisfied
Clients.
Client Commitment – We are committed to making sure your project is done right. If the quality of
our work is not what you expect, we fix it. Our Clients come first.
Safe & Secure – All Scanning Division staff go through HIPAA and CJIS training for sensitive
documents. Sensitive data is stored and accessed using several levels of security.
Leading Provider – MCCi is the leading provider of Laserfiche in the world and a Laserfiche Gold
VAR. Even if you don’t have Laserfiche, we know document management and can help make sure
you are able to leverage your digital documents.
Complete Solutions – In addition to converting documents, we provide solutions for document
management, business process improvement, and managing public records requests. We are
passionate about helping our Clients go paperless and improve overall efficiency. Working with a
single partner can help reduce costs and improve project outcomes.
If you have any questions concerning our proposal or desire additional information, please do not
hesitate to contact me. We appreciate your interest and hope that we will have the pleasure of
working with you.
Sincerely,
Michael Beaudreau
Account Executive
CORPORATE OFFICE
Sales Department
P.O. Box 2235 ● Tallahassee, Florida 32316
Phone (800) 342-2633 ● Fax (850) 564-7496
MICHAEL BEAUDREAU
Account Executive
Atlanta, Georgia Office
(770) 855-9159 ● mbeaudreau@mccinnovations.com
Attachment number 2 \nPage 2 of 7
Item # 7
MCCi | Page 3 of 7
SCANNING SOLUTION
SCOPE OF SERVICES AND PROJECT PRICING
The Client will furnish MCCi for its use in preparing the document imaging project all hardcopy /electronic
documents to be converted.
PROJECT SCOPE – All estimates are based on information provided by the Client
• General Description
Document Size: Large Format up to 42”
Department: Planning and Development Plans
Document Types: Plans
Document Count: 1479
Image Count: 59,160
Images Per Document: 40
• Document Preparation:
Current Storage Method: Boxes/Mail
Condition of documents: Generally good
• Image Processing & Indexing
DPI & Color: 300 DPI, Black & White
Number of Index Fields: Up to 4 Fields
Document Naming Convention: Document Name, year, type, TBD
Fields to be Indexed: Document Name, year, type, TBD
Optical Character Recognition: Not Included
• Image Output
Method of Delivery: Laserfiche Briefcase
Output Type: Laserfiche Briefcase
• Material Handling
Shipping Logistics: MCCi Pickup
Shipping & Delivery Terms: Up to 1 shipment
• Special notes: Any corrections such as rescans or indexing changes must be brought to
MCCi’s attention within 90 days of the date that MCCi delivers the data to
the Client. Corrections will not be made after 90 days.
Attachment number 2 \nPage 3 of 7
Item # 7
MCCi | Page 4 of 7
PROJECT PRICING
Project I – Conversion of Documents to be completed by 12/31/2018
Not to Exceed $85,000.00
Excess Images @ $1.43
PAYMENT & BILLING TERMS
MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the
internet). Payment is due upon receipt of an invoice.
Attachment number 2 \nPage 4 of 7
Item # 7
MCCi | Page 5 of 7
MCCi, a Limited Liability Company, which is duly organized and existing under the laws of the State of Florida, hereinafter referred to as MCCi, hereby offers the
Laserfiche Software & Services to the AUGUSTA – RICHMOND COUNTY, GA, a corporation duly organized and existing under state law, hereinafter referred to as
the Client, according to the following terms and conditions.
MCCI DOCUMENT SERVICES – INDEXING SERVICES. Once MCCi has received your documents, the following process will occur according to the terms laid out in
MCCi’s pricing proposal and may vary according to services selected.
CONSULTATION. A Consultation will be scheduled via a telephone conference after receipt of signed contract. This consultation is designed to go over the
following: the signed contract and terms, folder structure, current searching methods, document naming scheme, document preparation requirements, and
document shipment and/or pick up.
DOCUMENT PREPARATION. If you decide to send paper documents to MCCi, the process of document preparation begins with removing any materials that may
prohibit the document from being fed through the scanner (i.e. Removal of documents from file folders, Removal of staples, paperclips, tape, clips, etc) and is
described as Document Preparation. Upon completion of scanning, MCCi will organize the documents into their original order as received from the Client but not
placed back into their file folders or reprepped unless specifically stated otherwise in the project scope.
DOCUMENT ORGANIZATION & INDEXING. Based on the scope of the project and outcome of your consultation, MCCi will organize and index your documents.
Each project will have its own required organization and indexing requirements. Our project management team will work with the Client to identify those
requirements. Prior to project kickoff we will send the Client example template cards and file-tree structure for their approval. Or, if the Client already has existing
Laserfiche template cards created for a specific document series, they can send us that template via Laserfiche Briefcase.
DOCUMENT QUALITY CONTROL. MCCi performs a thorough quality control process after the job has been completed. Steps are taken to ensure documents have
been captured, the quality of the scanned images are comparable to the originals, and manual indexing errors have been corrected. Even with the best quality
control processes, there are going to be occasional errors that go uncorrected. MCCi’s acceptable error rate will be less than 0.5% for the overall project, unless
otherwise stated in writing. MCCi cannot be accountable for records not reflected in original inventory report as provided by Client. MCCi will correct only those
valid discrepancies above the acceptable error rate reported within 90 days after delivery of electronic data to Client.
DOCUMENT STORAGE. MCCi’s facilities contain secure rooms for hardcopy “work in progress” document storage. MCCi will arrange for the return of hardcopy
documents to the Client after completion of scanning. If documents reside at MCCi facilities for a period longer than 90 days after converted electronic data is
delivered to Client storage charges will apply.
DATA STORAGE MCCi is not responsible for maintaining a copy of Client data, with the exception of Clients who contractually and on a recurring basis, utilize
MCCi’s Online Document Hosting Services. MCCi periodically reviews and deletes Client data from previous projects. The timing of the periodic review and deletion
of data is at MCCi’s discretion. MCCi recognizes that for records retention and security compliance, the Client may require MCCi to delete copies of it’s data prior to
MCCi’s process of deleting data; If so, the Client is responsible for making the request in writing and for obtaining confirmation of data deletion.
ENTERPRISE WIDE SCANNING SERVICES. In accordance with the terms and conditions herein, MCCi can provide any department in the organization with scanning
services for documents other than those described in this pricing proposal. All costs are volume based and can be provided upon request. MCCi will consult with
each department interested in beginning their own project to determine individual scanning and indexing needs.
MICROFILM & FICHE CONVERSION SERVICES. MCCi offers electronic conversion services for microfilm, microfiche, and aperture cards. The Client will provide
MCCi with data to be converted to electronic format. MCCi will extract the images contained on the film/fiche and migrate them to Laserfiche or to another
industry standard format as requested by the Client. The images will be captured based upon the reduction ratio and threshold between the beginning and ending
of new images on the original film. MCCi is not responsible for the accuracy of existing image quality, such as black borders, skewed images, blurry images, non-
legible images, or other errors that are not controllable by MCCi. Unless otherwise specified in the project scope, MCCi will index by the roll/card number or unique
identifier.
LASERFICHE SEARCH ENGINE MEDIA. If included in the Scope of Services, MCCi will integrate the documents with the LaserFiche Software to provide the Client
with the most powerful index retrieval search engine available with the following features: intuitive browse window, index cards, and full text word search. MCCi
will provide the Client with the appropriate media containing all documents scanned and integrated with Laserfiche.
ONLINE DOCUMENT HOSTING. MCCi will post the documents to the web for a minimal annual fee. MCCi provides the Client with a direct link which can then be
linked to the Client’s website for public access if desired. Document storage cost is determined upon actual image count. All documents on the site are integrated
with a search engine, and updates are incorporated as the database is amended.
PROJECT TIMELINE. MCCi will complete and deliver the project within the predetermined project timeline as agreed upon with the Client. Should MCCi require
additional time, the Client will be notified immediately.
DOCUMENT TRANSPORTATION. The Client is required to package all materials per MCCi’s instruction prior to delivery of materials to MCCi facilities. If the Client
chooses to utilize MCCi’s pick up and delivery service (offered in select states), pricing is based on picking up the entire project described in the scope of services in
one shipment. At the time of updating or if additional trips are required due to the Client not having all the documents ready for pick up, additional charges will be
applied. If the Client chooses to ship via a certified carrier, the Client incurs all shipping costs.
PRICING. Charges apply on a per project basis and are dependent upon size and volume of documents. MCCi requires having the entire project in bulk, rather than
in small quantities. Breaking the project into smaller quantities will affect the volume pricing, and additional charges per image may apply. A sample may be
required prior to confirming large volume job pricing.
UNANTICIPATED DOCUMENT TYPES & SIZES. The prices quoted are made with the expectation that Client will properly prepare and annotate materials for
scanning bureau use and that documents are consistent with the description provided in the scope of services. If documents are not as initially represented,
additional charges will apply. MCCi will call for authorization to proceed with the project.
Attachment number 2 \nPage 5 of 7
Item # 7
MCCi | Page 6 of 7
LASERFICHE SYSTEM CLIENTS. Due to requirements by Laserfiche systems regarding the importing of images and indexing information, it is highly recommended
that Clients who already have a Laserfiche system have their documents scanned using only Laserfiche software. This will ensure that all associated indexing
information will be properly retained after the importing of images into the Laserfiche system. MCCi has knowledge of the software versions, indexing
requirements, and compatibility issues for each of our Laserfiche system Clients. For these reasons, MCCi should be considered as a Sole Source provider for
scanning services. Additionally, Laserfiche System Clients are required to supply MCCi with a Laserfiche Briefcase of their current folder/template structure, prior
to each scanning project / updates to existing projects.
MCCI CERTIFIED PARTNERS. MCCi maintains partnerships for the purpose of additional capacity and flexibility in meeting Client expectations. In the event partners
are used for a project, the management and support of the project is handled directly by MCCi. . Physical documents will never leave the United States, but our
partners may utilize offshore resources to handle document indexing, quality control, and other processes.
AGREEMENT EXTENDED TO OTHER GOVERNMENTAL UNITS. MCCi agrees to allow any other Government agency to purchase items at the same terms, conditions
and pricing as this contract during the period of time that this contract is in effect. Minor changes in terms and conditions may be negotiated by MCCi and
participating Government agencies. Any orders issued against this agreement shall be the sole responsibility of the Government agency placing the order. It is
understood that the Client shall incur no financial responsibility in connection with any purchase by another Government agency.
TERMINATION. The services provided in this agreement will be in full force and effect for a period of three (3) years from the date of shipment of the completed
product to the organization. Thereafter, this agreement will be automatically renewed from year to year, provided that either party may alter or cancel the terms of
this agreement upon sixty (60) days' written notice.
FORCE MAJEURE. Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control.
CLIENT FINANCIAL SOLVENCY/BANKRUPTCY. MCCi may require payment in advance for products and services in response to learning of financial solvency or
bankruptcy issues.
LIMITED LIABILITY. Notwithstanding anything in this Agreement to the contrary, MCCi’s total liability to the client for any and all claims, damages, or liability arising
out of or related in any way to this agreement or the products or services being provided by MCCi to Client shall be strictly limited to the project fees paid to MCCi
by the Client for the preceding 12-month period immediately preceding the event giving rise to the claim by the Client, and shall also be limited to the fees paid to
MCCi for the particular service/product that the Client’s claim was caused by or arose out of.
INDEMNIFICATION. If MCCi or our affiliates (owners or partners), or any of our or their respective employees, agents, or suppliers (the “Indemnitees”) is faced with
a legal claim by a third-party arising out of your actual or alleged gross negligence, willful misconduct, violation of law, failure to meet the security obligations
required by the Agreement, or violation of your agreement with your customers or end users, then you will pay the cost of defending the claim (including
reasonable attorney fees) and any damages award, fine or other amount that is imposed on the Indemnitees as a result of the claim. Your obligations under this
subsection include claims arising out of the acts or omissions of your employees or agents, any other person to whom you have given access to the Services, and
any person who gains access to the Services as a result of your failure to use reasonable security precautions, even if the acts or omissions of such persons were
not authorized by you. You must also pay reasonable attorney fees and other expenses we incur in connection with any dispute between persons having a
conflicting claim to control your account with us or arising from an actual or alleged breach of your obligations to them.
PAYMENT & BILLING TERMS. MCCi will invoice project on a monthly schedule, based on deliverables (via Electronic media or the internet). Payment is due upon
receipt of an invoice.
MARKETING & REFERENCES. Client agrees to allow MCCi to publish and publicize testimonials and case study information pertaining to MCCi’s work with the
Client. This information, including the Client’s organization name, logo, and contact information will be used in all media types
USE OF BASECAMP. Through the course of this project, MCCi may choose to utilize the third-party service Basecamp (http://www.basecamp.com) for project
management and team collaboration. Documentation and correspondence exchanged between MCCi and The Client may be stored in Basecamp. The Client
acknowledges that Basecamp is responsible for secure storage of this documentation, and agrees that Basecamp's security guidelines located at
https://basecamp.com/security are acceptable for the storage of The Client's data and correspondence exchanged with MCCi.
Attachment number 2 \nPage 6 of 7
Item # 7
MCCi | Page 7 of 7
The terms of this agreement shall remain in force and effect for a period of ninety (90) days from the date
appearing below, unless accepted by the Client.
Submitted by: MCCi, a Limited Liability Company
Date: May 13, 2018
By: _______________________________________________
(Signature)
_______________________________________________
(Printed Name & Title)
Noted Items Accepted by: AUGUSTA – RICHMOND COUNTY, GA
Date: _____________________________________________
By: ______________________________________________
(Signature)
______________________________________________
(Printed Name & Title)
Attachment number 2 \nPage 7 of 7
Item # 7
Public Service Committee Meeting
5/29/2018 1:00 PM
Litter Ordinance Amendments
Department:Planning & Development
Presenter:Rob Sherman
Caption:Approve amendments to the Augusta, Georgia Code, Title 4,
Chapter 2, Article 2, Litter Control, Section 4-2-9 Littering
Streets and Sidewalks Prohibited so as to provide regulations
prohibiting the placing of posters, signs and advertisements on
any public property; and delete the section titled ‘Tiered Fee
Schedule’.
Background:At the March 21, 2017 Commission meeting, the Administrator
presented recommendations for addressing additional code
enforcement, property maintenance and cleanups, illegal
dumping, and anti-littering efforts. Approval was given to move
forward with the efforts. At the August 15, 2017 Commission
meeting, amendments to the litter ordinance were approved to
prohibit the placing of posters, signs, etc. on the public right-of-
way, and the amendments included a tiered fee schedule for
violating the ordinance. At the January 30, 2018 Commission
meeting the application of the litter ordinance was discussed and
it was determined that the ordinance was not functioning the
way it was intended. The Planning & Development Department
and the Marshal’s Office were directed to review the ordinance
and present an amended version to address the concerns.
Analysis:The litter ordinance as it was amended to include the tiered fee
schedule is not functioning as intended, and is actually
complicating the enforcement of the litter ordinance as it applies
to posters, signs and advertisements placed in the right-of-way....
The proposed ordinance amendments will streamline the
enforcement process.
Financial Impact:N/A
Alternatives:Do not approve
Cover Memo
Item # 8
Recommendation:Approve
Funds are
Available in the
Following
Accounts:
N/A
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 8
Signs in the R-O-W ordinance revisions draft
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GEORGIA CODE, TITLE 4,
CHAPTER 2, ARTICLE 2, LITTER CONTROL, SECTION 4-2-9 LITTERING STREETS AND
SIDEWALKS PROHIBITED, SO AS TO PROHIBIT THE PLACING OF POSTERS, SIGNS
OR ADVERTISEMENTS ON ANY PUBLIC PROPERTY; TO PROVIDE AN EFFECTIVE
DATE; TO REPEAL CONFLICTING ORDINANCES, AND FOR OTHER PURPOSES.
NOW, BE IT ORDAINED BY THE AUGUSTA, GEORGIA COMMISSION AND IT IS
HEREBY ORDAINED BY THE AUTHORITY OF SAME THAT IT IS A VIOLATION OF
AUGUTA-RIHMOND COUNTY CODE TO PLACE POSTERS, SIGNS OR
ADVERTISEMENTS ON ANY PUBLIC PROPERTY AS STATED IN THE REGULATIONS
HEREWITH, AS FOLLOWS:
SECTION 1. TITLE 4, CHAPTER 2, ARTICLE 2, LITTER CONTROL, SECTION 4-2-9 IS
HEREBY DELETED BY STRIKING THIS SECTION IN ITS ENTIRETY, AND NEW
SECTION 4-2-9 IS HEREBY INSERTED TO REPLACE THE REPEALED SECTIONS AS
SET FORTH IN “EXHIBIT A” HERETO.
SECTION 2. This ordinance shall become effective upon adoption.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Adopted this ___ day of ___________, 2018.
__________________________ Attest:______________________________
Hardie Davis, Jr. Lena J. Bonner, Clerk of Commission
As its Mayor Seal:
Attachment number 1 \nPage 1 of 4
Item # 8
Signs in the R-O-W ordinance revisions draft
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the foregoing
Ordinance was duly adopted by the Augusta, Georgia Commission on ________________, 2018
and that such Ordinance has not been modified or rescinded as of the date hereof and the
undersigned further certifies that attached hereto is a true copy of the Ordinance which was
approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: _________________________
First Reading ______________________
Second Reading ______________________
Attachment number 1 \nPage 2 of 4
Item # 8
Signs in the R-O-W ordinance revisions draft
“EXHIBIT A”
Sec. 4-2-9. Littering streets, and sidewalks, and publicly owned properties prohibited.
(a) It shall be unlawful for any person to place, store, dump, park or broadcast any junk, metal,
brickbats, stones, plaster, lumber, trash, garbage, litter, paper or similar rubbish and junk upon
any public street, or sidewalk, or public property in Augusta-Richmond County. As used in this
Section, "junk" includes without limitation appliances, furniture and other bulk items not
considered usual household garbage. The sanitation department is not responsible for collection
and/or disposal of such junk, and such junk shall not be collected by the sanitation department,
but must be disposed of by the owner of the property on which it is located.
(b) It shall be unlawful for any person to place posters, signs or advertisements on any public
property. Any occupational tax certificate holder (licensee) or any person in the employ of the
licensee who violates this section, or any individual or business (i.e. person who placed the
poster, sign, or advertisements) that is authorized by the licensee or employee of the licensee who
violates the provisions of section, shall subject the occupation tax certificate (business license) to
suspension or revocation pursuant to Section 2-1-38. The term litter includes any poster, sign, or
advertisement when placed in violation of this Code section and is declared to be a public nuisance, and
the officials having jurisdiction of the public property or building, including without limitation law
enforcement officers, may remove or direct the removal of the same. Each poster, sign, or advertisement
placed in violation of this Code section shall constitute a separate offense.
(1) A written warning will be issued on the first offense to the responsible individuals. The
responsible individuals can be the licensee, employee of the licensee, or the person who placed
the poster, sign, or advertisement on public property.
(2) A two-hundred fifty dollar ($250.00) fine will be charged to the responsible individual(s) of
for the second offense. The responsible individuals can be the licensee, employee of the licensee,
or the person who placed the poster, sign, or advertisement on public property. The fine is to be
paid to the Planning & Development Department within thirty (30) calendar days of the fine
being assessed. Failure to pay the fine will result in action being taken against the business
license, to include suspension or revocation.
(3) A five hundred dollar ($500.00) fine will be charged to the responsible individual(s) of for the
third offense. The responsible individuals can be the licensee, employee of the licensee, or the
person who placed the poster, sign, or advertisement on public property. The fine is to be paid to
the Planning & Development Department within thirty (30) calendar days of the fine being
assessed. Failure to pay the fine will result in action being taken against the business license, to
include suspension or revocation.
(4) The business owner, manager, agent or responsible party will be issued a citation upon the
fourth offense in accordance with Section 4-2-25 with a maximum fine not exceeding one
thousand dollars ($1,000.00) or by imprisonment not exceeding sixty (60) days, either or both, at
the discretion of the judge of the court.
(5) A citation will be issued and request for revocation of business license upon the fifth offense.
(c) Businesses operating without a current Occupation Tax Certificate will be subject to penalties as
imposed under City Code 2-1-19.
(c) Public property includes the right-of-way of any road or highway; any federal, state or local
government owned body of water or watercourse or the shores or beaches thereof; any publicly owned
parks, playground, building, refuge, or conservation or recreation area; any publicly owned residential,
commercial, or industrial properties.
Attachment number 1 \nPage 3 of 4
Item # 8
Signs in the R-O-W ordinance revisions draft
(d) Any person who violates this Code shall be punished the same as for littering under Code Section 4-2-
25.
(e) Any business Occupation Tax Certificate holder or any person in the employ of the business who
violates the provisions of Code Section 4-2-9, may subject the business Occupation Tax Certificate to
suspension or revocation as provided for in Code Section 2-1-38.
Tier Fee Schedule
Offense Penalty
1st Warning
2nd $250 Fee; suspension or revocation of
business license if fee is not paid.
3rd $500: suspension or revocation of business
license if fee is not paid.
4th Issuance of citation, fine not to exceed
$1,000 and imprisonment not to exceed 60
days; suspension or revocation of business
license.
5th Issuance of citation, request for revocation
of business license.
Attachment number 1 \nPage 4 of 4
Item # 8
Signs in the R-O-W ordinance revisions draft
EXHIBIT A”
Sec. 4-2-9. Littering streets, and sidewalks, and publicly owned properties prohibited.
(a) It shall be unlawful for any person to place, store, dump, park or broadcast any junk, metal,
brickbats, stones, plaster, lumber, trash, garbage, litter, paper or similar rubbish and junk upon
any public street, or sidewalk, or public property in Augusta-Richmond County. As used in this
Section, "junk" includes without limitation appliances, furniture and other bulk items not
considered usual household garbage. The sanitation department is not responsible for collection
and/or disposal of such junk, and such junk shall not be collected by the sanitation department,
but must be disposed of by the owner of the property on which it is located.
(b) It shall be unlawful for any person to place posters, signs or advertisements on any public
property. The term litter includes any poster, sign, or advertisement when placed in violation of this
Code section and is declared to be a public nuisance, and the officials having jurisdiction of the public
property or building, including without limitation law enforcement officers, may remove or direct the
removal of the same. Each poster, sign, or advertisement placed in violation of this Code section shall
constitute a separate offense.
(c) Public property includes the right-of-way of any road or highway; any federal, state or local
government owned body of water or watercourse or the shores or beaches thereof; any publicly owned
parks, playground, building, refuge, or conservation or recreation area; any publicly owned residential,
commercial, or industrial properties.
(d) Any person who violates this Code shall be punished under Code Section 4-2-25.
(e) Any business Occupation Tax Certificate holder or any person in the employ of the business who
violates the provisions of Code Section 4-2-9, may subject the business Occupation Tax Certificate to
suspension or revocation as provided for in Code Section 2-1-38.
Attachment number 2 \nPage 1 of 1
Item # 8
Public Service Committee Meeting
5/29/2018 1:00 PM
Maintenance Facility Lifts - APT
Department:Augusta Public Transit
Presenter:Sharon Dottery
Caption:A motion to approve the purchase of a System for the New
Transit Operation and Maintenance Facility from Stertil-Koni.
Background:This request is for the authorization to purchase Heavy Duty Lift
Equipment, associated parts from Stertil-Koni. The Transit
Department is requesting approval to enter into a contract with
Stertil-Koni for the purchase of an ECOLIFT – Inground Scissor
Lift – ECO60-13 at a cost of $317,632.7, total purchase price not
to exceed $317,632.72.The pricing for the lift was awarded
through a competitive bid process through the National
Association of State Procurement Officers Vehicle Lifts and
Garage Equipment (NASPO). Stertil-Koni was one the six (6)
national awardees. The bid process was an Invitation for Bid
(IFB) initiated and awarded by the State of Washington.
Evaluation of the responsive bids was based on identifying the
highest percentage discount off MSRP for eight categories of
Vehicle Lift products, and six categories for Garage Association
Equipment. Provision was also made for additional awards that
met Federal Transit Administration (FTA) guideline and Buy
America program requirements. This bid is for a two (2) year
term with the option to extend the contract three (3) years (36
months), not to exceed five (5) years total.
Analysis:Stertil-Koni is the first vehicle lift manufacturer (in the world) to
have obtained ISO-9001 certification. The designation 9001 is
the highest rating that a company can achieve. All Stertil-Koni
products come with an unequivocal commitment to provide
spare parts 25 years after termination of production. In other
words, after a model is upgraded or discontinued for whatever
reason, we commit to provide spare parts availability for 25
years. Stertil-Koni has the highest number of certified products
of any lift company in the world. Cover Memo
Item # 9
Financial Impact:Funding Source Total Split Federal Local FTA Grant GA-90-
X330 $317,632.72 80/20 $254,106.54 $63,526.54
Alternatives:Do not purchase the Lift system. This will delay the continuation
of the new facility being built.
Recommendation:Approve the contract with Stertil-Konie for the purchase and
installation of the Lift System for an amount not to exceed
$317,632.72
Funds are
Available in the
Following
Accounts:
54709-1214-54-21160
REVIEWED AND APPROVED BY:
Finance.
Procurement.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
2
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
3
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
4
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
5
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
6
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
7
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
8
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
9
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
0
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
1
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
2
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
3
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
4
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
5
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
6
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
7
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
8
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
1
9
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
2
0
o
f
2
1
It
e
m
#
9
At
t
a
c
h
m
e
n
t
n
u
m
b
e
r
1
\
n
P
a
g
e
2
1
o
f
2
1
It
e
m
#
9
Public Service Committee Meeting
5/29/2018 1:00 PM
Minutes
Department:Clerk of Commission
Presenter:
Caption:Motion to approve the minutes of the Public Services Committee
held on May 8, 2018.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 10
Public Service Committee Meeting Commission Chamber - 5/812018
ATTENDAI\CE:
Present: Hons. Hardie Davis, Jr., Mayor; Jefferson, Guilfoyle, Sias,
Frantom, M. Williams, Davis, Fennoy, D. Williams, Hasan and Smith,
members of Augusta Richmond County Commission.
PUBLIC SERVICES
1. Motion to approve award of Bid Item
Timing, Scoreboard and Display System
$109,000.
Motions
Motion;"-'-- Motion Text Made Byrype Seconded By
18-166, Augusta Aquatic Center ltem
to Colorado Time System for Action:
Approved
Motion to
Approve ffi|ifi'rasses $:I,H;|,"" $",il##;:ffi:, passes
4-0.
2. Motion to adopt the Daniel Field Airport General Aviation Commission's Item(DM- GAC) recommendation to terminate the agreement between Augusta, Action:
Georgia, acting through the DNL GAC, and WK Dickson, and to authorize the Approved
Mayor to execute the appropriate documents to effectuate the termination.
Motion
Result
Motion
Result
Motions
$otion Motion Textrype
Motion to
Approve ffiffit"asses
4_0.
Seconded By
Commissioner
William Fennoy
Made By
Commissioner
Mary Davis Passes
Attachment number 1 \nPage 1 of 3
Item # 10
3.Motion to approve the minutes of the
April 24,2018.
Motions
X:j1"' Motion Text Made By'l'ype
Motion to
^ aDDrove.APProve vtotion passes
4-0.
Motions
f#:" Motion rext
Public Services
Seconded By
Committee held on ltem
Action:
Approved
Motion
Result
Commissioner Commissioner
Mary Davis William Fennoy Passes
4. Consider draft ordinance in association with a request from BreathEasy Item
Augusta coalition relative to working to pass a comprehensive smoke-free Action:
ordinance for Augusta-Richmond County. Approved
Motion to approve
holding a work session to
discuss the ordinance
along with
Commissioners Frantomr r ^n ., Uommrsslongr^ ano Jerrerson, tne rr7!rr. UommtsslonerApprove :^- -.;-; William' 'rr'- ' - BreatheEasy Augusta ;^.^-:::' Mary Davis
coalition, the interested rennoy
business owners, the
Administrator's Office
and the Marshal's Office.
Motion Passes 4-0.
5. Request for a one-Hour waiver of the Noise ordinance at the
common June 22,2018/Beats on Broad/Augusta pride 201g.
Motions
i;J:'" Motion Text Made By seconded By
Motion to
Aonrove fPProve'rr-- - MotionPasses
4-0.
Made By
Commissioner Commissioner
Marion Williams William Fennoy
MotionSeconded BY Resurt
Passes
Augusta Item
Action:
Approved
Motion
Result
Passes
Attachment number 1 \nPage 2 of 3
Item # 10
6. Motion to approve playground equipment purchase as designated in SPLOST Item
VII as part of RFP Item #17-275 for $1,279,041,.24. (Wanen Rd. Park, Henry Action:
Brigham Park, McDuffie Wood Park, Gracewood Park, Hickman Park, Dyess Approved
Park, Minnick Park, Wood Park, and Hillside Park)
Motions
X:j1" Morion Text Made By seconded By Motion'IYPe - ----- -'t Result
Motion to
Approve i|ffi::'rasses f,:ffi":Ji.*' $1ffi#;:ffi:, passes
4-0.
www.ausustasa.sov
Attachment number 1 \nPage 3 of 3
Item # 10
Public Service Committee Meeting
5/29/2018 1:00 PM
Motion to Approve Ordinance to Amend the Code to Allowfor the use of Personal Transportation
Vehicles on Certain Streets
Department:Traffic Engineering
Presenter:Commissioner Frantom
Caption:Motion to approve an Ordinance to amend Augusta,
Georgia Code Sections 3-5-1 and 3-5-86 to allow personal
transportation vehicles with specified safety features to be used
on certain streets; to provide for definitions; to provide for safety
requirements and registration procedures for
personal transportation vehicles to be used on Augusta
streets for the purpose of reducing harmful environmental
emissions and supporting tourism; to repeal all Code sections
and ordinances and parts of Code sections and ordinances in
conflict herewith; to provide an effective date and for other
purposes.
Background:Augusta, Georgia Code Section § 3-5-86 allows for the travel of
Personal Transportation Vehicles (PTVs) on several streets as
specifically authorized by the Augusta, Georgia Commission.
There is a need to update the definitions applicable to the use of
such vehicles, to establish safety standards and to create
registration and permitting process for PTVs.
Analysis:Using PTVs on additional specified streets in the downtown area
will improve the livability of this area, provide additional
tourism opportunities and reduce harmful carbon emissions as
such vehicles have a significantly smaller carbon footprint as
compared to other vehicles. Appropriate safety standards should
be set for PTVs to be used on specified Augusta streets and
procedures to for the registration and permitting of PTVs needs
to be established.
Financial Impact:Financial impact is minimal. Some funds will need to be used to
put up appropriate signs designating the areas where PTVs are to
be used and to purchase registration decals, permitting forms and
other items as required by the Ordinance.
Cover Memo
Item # 11
Alternatives:Decline to amend the Code at this time.
Recommendation:Approve.
Funds are
Available in the
Following
Accounts:
Traffic Engineering for signs.
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 11
Page 1 of 25
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND AUGUSTA, GEORGIA CODE
SECTIONS 3-5-1 AND 3-5-86 TO ALLOW PERSONAL
TRANSPORTATION VEHICLES WITH SPECIFIED SAFETY
FEATURES TO BE USED ON CERTAIN STREETS; TO PROVIDE
FOR DEFINITIONS; TO PROVIDE FOR SAFETY REQUIREMENTS
AND REGISTRATION PROCEDURES FOR PERSONAL
TRANSPORTATION VEHICLES TO BE USED ON AUGUSTA
STREETS FOR THE PURPOSE OF REDUCING HARMFUL
ENVIRONMENTAL EMISSIONS AND SUPPORTING TOURISM;
TO REPEAL ALL CODE SECTIONS AND ORDINANCES AND
PARTS OF CODE SECTIONS AND ORDINANCES IN CONFLICT
HEREWITH; TO PROVIDE AN EFFECTIVE DATE AND FOR
OTHER PURPOSES.
WHEREAS, Augusta, Georgia Code Section § 3-5-1 provides for definitions of Personal
Transportation Vehicles (PTVs), Golf Carts and other terms; and
WHEREAS, Augusta, Georgia Code Section § 3-5-86 allows for the travel of PTVs on
several streets as specifically authorized by the Augusta, Georgia Commission; and
WHEREAS, Augusta, Georgia is the Golf Cart capital of the world and home of the
Augusta National Golf course and the Augusta, Georgia Commission seeks to expand the
use of such vehicles on specified streets where the speed limit does not exceed 35 miles
per hour; and
WHEREAS, Augusta, Georgia desires to reduce harmful carbon emissions by encouraging
the use of PTVs in certain areas; and
WHEREAS, it is the desire of the Commission to set appropriate safety standards for PTVs
to be used on specified Augusta streets and to create procedures to for the registration and
permitting of PTVs used for such purposes;
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
Attachment number 1 \nPage 1 of 25
Item # 11
Page 2 of 25
SECTION 1. Augusta, Georgia Code Section § 3-5-1 is hereby deleted in its entirety, as
set forth in “Exhibit A” hereto.
SECTION 2. In lieu thereof, a new § 3-5-1 is enacted which provides for more definitions
and re-orders the definitions, as set forth in “Exhibit B” hereto.
SECTION 3. Augusta, Georgia Code Section § 3-5-86 is hereby deleted in its entirety, as
set forth in “Exhibit C” hereto.
SECTION 4. In lieu thereof, a new § 3-5-86 is enacted which provides, as set forth in
“Exhibit D” hereto.
SECTION 5. This ordinance shall become effective upon its adoption in accordance with
applicable laws.
SECTION 6. All ordinances or parts of ordinance in conflict herewith are hereby
repealed.
Adopted this _____ day of ____________________, 2013.
1st Reading ____________________
_____________________________
Hardie Davis, Jr.
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Attachment number 1 \nPage 2 of 25
Item # 11
Page 3 of 25
Exhibit “A”
Sec. 3-5-1. Definitions of words and phrases.
(a) The following words and phrases when used in this chapter shall for the purpose of this chapter
have the meanings respectively ascribed to them in this section, except when the context otherwise
requires.
(b) Whenever any words and phrases used in this chapter are not defined herein but are defined in
the state laws regulating the operation of vehicles, any such definition therein shall be deemed to
apply to such words and phrases used herein, except when the context otherwise requires.
(1) Alley. A street or highway intended to provide access to the rear or side of lots or buildings in
urban districts and not intended for the purpose of through vehicular traffic.
(2) Arterial street. Any U.S. or state numbered route, controlled access highway, or other major
radial or circumferential street or highway designated by local authorities within their respective
jurisdictions as part of a major arterial system of streets or highways.
(3) Authorized emergency vehicle. Such fire department vehicles, Sheriff's Department vehicles,
ambulances as are publicly owned, and such other publicly or privately owned vehicles as are
designated or authorized by the Sheriff's Department.
(4) Bicycle. Every device propelled by human power upon which any person may ride, having
two (2) tandem wheels either of which is more than fourteen (14) inches in diameter.
(5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers and used for
the transportation of persons; and every motor vehicle, other than a taxicab, designed and used
for the transportation of persons for compensation.
(6) Business district. The territory contiguous to and including a highway when within any six
hundred (600) feet along such roadway there are buildings in use for business or industrial
purposes, including but not limited to hotels, banks or office buildings, railroad stations and
public buildings which occupy at least three hundred (300) feet of frontage on one (1) side or
three hundred (300) feet collectively on both sides of the roadway, provided that such business
district is designated and marked as such by the traffic engineer.
(7) Crosswalk.
a. That part of a roadway at an intersection included within the connections of the lateral
lines of the sidewalks on opposite sides of the roadway measured from the curbs or in the
absence of curbs, from the edges of the transversable roadway;
b. Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian
crossing by lines or other markings on the surface.
Attachment number 1 \nPage 3 of 25
Item # 11
Page 4 of 25
(8) Department. The Sheriff's Department of Richmond County acting directly or through its
duly authorized officers or agents.
(9) Driver. Every person who drives or is in actual physical control of a vehicle.
(10) Driver's license. Any license to operate a motor vehicle issued under the laws of this state.
(11) Gross weight. The weight of a vehicle without load plus the weight of any load thereon.
(12) Highway. The entire width between the boundary lines of every way publicly maintained
when any part thereof is open to the use of the public for purposes of vehicular traffic.
(13) House trailer.
a. A trailer or semitrailer which is designed, constructed and equipped as a dwelling place,
living abode or sleeping place (either permanently or temporarily) and is equipped for use as
a conveyance on streets or highways; or
b. A trailer or a semitrailer whose chassis and exterior shell is designed and constructed for
use as a house trailer, as defined in paragraph (a), but which is used instead permanently or
temporarily for the advertising, sales, display or promotion of merchandise or services or for
any other commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(14) Intersection.
a. The area embraced within the prolongation or connection of the lateral curb lines, or, if
none, then the lateral boundary lines of the roadways of two (2) highways which join one
another at, or approximately at, right angles, or the area within which vehicles traveling upon
different highways joining at any other angle may come in conflict.
b. Where a highway includes two (2) roadways thirty (30) feet or more apart, every crossing
of each roadway of such divided highway by an intersecting highway shall be regarded as a
separate intersection. In the event such intersecting highway also includes two (2) roadways
thirty (30) feet or more apart, every crossing Of two (2) roadways of such highways shall be
regarded as a separate intersection.
(15) Laned roadway. A roadway which is divided into two (2) or more clearly marked lanes for
vehicular traffic.
(16) Limited-access highway. Every highway, street or roadway in respect to which owners or
occupants of abutting lands and other persons have no legal right of access to or from the same
except at such points only and in such manner as may be determined by the public authority
having jurisdiction over such highway, street or roadway.
Attachment number 1 \nPage 4 of 25
Item # 11
Page 5 of 25
(17) Loading zone. A space reserved for the exclusive use of vehicles during the loading or
unloading of passengers or property.
(18) Motor vehicle. Every vehicle which is self-propelled, either by internal-combustion engine
or by electric power.
(19) Motorcycle. Every motor vehicle having a seat or saddle for the use of the rider and
designed to travel on not more than three (3) wheels in contact with the ground, but excluding a
tractor.
(20) Officer. Every officer of the Richmond County Sheriff’s Department or any officer
authorized to direct or regulate traffic or to make arrests for violations of traffic regulations.
(21) Official time standard. Whenever certain hours are named herein they shall mean standard
time or daylight saving time as may be in current use in Augusta-Richmond County.
(22) Official traffic-control devices. All signs, signals, markings and devices not inconsistent
with this chapter and the laws of this state placed or erected by authority of a public body or
official having jurisdiction, for the purpose of regulating, warning or guiding traffic.
(23) Park or parking. The standing of a vehicle, whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in loading or unloading merchandise
or passengers.
(24) Passenger curb loading zone. A place reserved for the exclusive use of vehicles while
receiving or discharging passengers.
(25) Pedestrian. Any person afoot.
(26) Person. Every natural person, firm, co-partnership, association or corporation.
(27) Private road or driveway. Every way or place in private ownership and used for vehicular
travel by the owner and those having express or implied permission from the owner, but not by
other persons.
(28) Railroad. A carrier of persons or property upon cars operated from stationary rails.
(29) Railroad sign or signal. Any sign, signal or device erected by authority of a public body or
official or by a railroad and intended to give notice of the presence of railroad tracks or the
approach of a railroad train.
(30) Railroad train. A steam engine, electric or other motor, with or without cars coupled
thereto, operated upon rails.
Attachment number 1 \nPage 5 of 25
Item # 11
Page 6 of 25
(31) Residence district. The territory contiguous to and including a highway not comprising a
business district when the property on such highway for a distance of three hundred (300) feet or
more is predominantly residential in nature.
(32) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful manner in
preference to another vehicle or pedestrian approaching under such circumstances of direction,
speed and proximity as to give rise to danger of collision unless one grants precedence to the
other.
(33) Road or roadway. That portion of a highway improved, designed or ordinarily used for
vehicular travel, exclusive of the berm or shoulder. In the event a highway includes two (2) or
more separate roadways, the term roadway as used herein shall refer to any such roadway
separately but not to all such roadways collectively.
(34) Safety zone. The area or space officially set apart within a roadway for the exclusive use of
pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly
visible at all times while set apart as a safety zone.
(35) Sheriff. The Sheriff of Richmond County, Georgia.
(36) Sidewalk. That portion of a street between the curb lines or the lateral lines of a roadway,
and the adjacent property lines, intended for use by pedestrians.
(37) Stand or standing. The halting of a vehicle whether occupied or not, otherwise than
temporarily for the purpose of and while actually engaged in receiving or discharging
passengers.
(38) Stop. When required, means complete cessation from movement.
(39) Stop or stopping. When prohibited, means any halting, even momentarily, of a vehicle,
whether occupied or not except when necessary to avoid conflict with other traffic or in
compliance with the directions of a police officer or traffic-control sign or signal.
(40) Street. The entire width between boundary lines of every way publicly maintained when any
part thereof is open to the use of the public for purposes of vehicular travel.
(41) Through street or road. Every street or road or portion thereof on which vehicular traffic is
given preferential right of way, and at the entrances to which vehicular traffic from intersection
streets or roads is required by law to yield the right-of-way to vehicles on such through street or
road in obedience to a stop sign, yield sign, or other traffic-control device, when such signs or
devices are erected as provided in this chapter and the laws of this state.
(42) Tractor.
Attachment number 1 \nPage 6 of 25
Item # 11
Page 7 of 25
a. Truck tractor. Every motor vehicle designed and used primarily for drawing other vehicles
and not so constructed as to carry a load other than a part of the weight of the vehicle and
load so drawn.
b. Farm tractor. Every motor vehicle designed and used primarily as a farm implement for
drawing plows, mowing machines, and other implements of husbandry.
c. Road tractor. Every motor vehicle designed and used for drawing other vehicles and not so
constructed as to carry any load thereon either independently or any part of the weight of a
vehicle or load so drawn.
(43) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other conveyances
either singly or together while using any highway for purposes of travel.
(44) Traffic-control signal. Any device, whether manually, electrically or mechanically operated,
by which traffic is alternatively directed to stop and permitted to proceed.
(45) Traffic division. The traffic division of the Richmond County Sheriff’s Department, or in the
event a traffic division is not established, then said term whenever used herein shall be deemed
to refer to the Sheriff’s Department.
(46) Truck. Every motor vehicle designed, used or maintained primarily for the transportation of
property.
(47) Vehicle. Every device in, upon or by which any person or property is or may be transported
or drawn upon a highway, excepting devices moved by human power or used exclusively upon
stationary rails or tracks.
(48) Motorized Cart. Every motor vehicle having no less than three wheels and an unladen
weight of 1,300 pounds or less and which cannot operate at more than 20 miles per hour.
Attachment number 1 \nPage 7 of 25
Item # 11
Page 8 of 25
Exhibit “B”
Sec. 3-5-1. Definitions of words and phrases.
(a) The following words and phrases when used in this chapter shall for the purpose
of this chapter have the meanings respectively ascribed to them in this section,
except when the context otherwise requires.
(b) Whenever any words and phrases used in this chapter are not defined herein but
are defined in the state laws regulating the operation of Personal Transportation
(PTVs) and other vehicles, any such definition therein shall be deemed to apply to
such words and phrases used herein, except when the context otherwise requires.
(1) Alley. A street or highway intended to provide access to the rear or side of lots
or buildings in urban districts and not intended for the purpose of through
vehicular traffic.
(2) Arterial street. Any U.S. or state numbered route, controlled access highway,
or other major radial or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a major arterial
system of streets or highways.
(3) Authorized emergency vehicle. Such Fire Department vehicles, Sheriff's
Department vehicles, ambulances as are publicly owned, and such other
publicly or privately owned vehicles as are designated or authorized by the
Sheriff's Department or the Augusta, Georgia Commission.
(4) Bicycle. Every device propelled by human power upon which any person may
ride, having two (2) tandem wheels either of which is more than fourteen (14)
inches in diameter.
(5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers
and used for the transportation of persons; and every motor vehicle, other than
a taxicab, designed and used for the transportation of persons for
compensation.
(6) Business district. The territory contiguous to and including a highway, when
within any six hundred (600) feet along such roadway, there are buildings in
Attachment number 1 \nPage 8 of 25
Item # 11
Page 9 of 25
use for business or industrial purposes, including but not limited to hotels,
banks or office buildings, railroad stations and public buildings which occupy
at least three hundred (300) feet of frontage on one (1) side or three hundred
(300) feet collectively on both sides of the roadway, provided that such
business district is designated and marked as such by the traffic engineer.
(7) Commercial PTV Operator. A business or other entity providing
transportation services to the public using PTVs.
(8) Crosswalk.
(i) That part of a roadway at an intersection included within the connections
of the lateral lines of the sidewalks on opposite sides of the roadway
measured from the curbs or in the absence of curbs, from the edges of the
traversable roadway;
(ii) Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the surface.
(9) Driver or Operator. Every person who drives or is in actual physical control
of a vehicle.
(10) Driver's license. Any license to operate a motor vehicle issued under the
laws of this state.
(11) Employer PTV Operator. A business or other entity having an office or
business in an area designated for PTV use that provides transportation
services for its employees using PTVs.
(12) “Golf cart” a/k/a “golf car”. A vehicle whose designed purpose and
exclusive use is to convey a person or persons and equipment to play the game
of golf in an area designated as a golf course. To qualify as a golf car the
vehicle’s average speed shall be less than (24 km/h) 15 MPH on a horizontally
level surface, 0.5% grade (0.3 degrees) comprised of a straight course
composed of a concrete or asphalt surface that is dry and free from loose
material or surface contamination with a minimum coefficient of friction of
0.8 between tire and surface.
Attachment number 1 \nPage 9 of 25
Item # 11
Page 10 of 25
(13) Gross weight. The weight of a vehicle without load plus the weight of any
load thereon.
(14) Highway or street. The entire width between the boundary lines of every
way publicly maintained when any part thereof is open to the use of the public
for purposes of vehicular traffic.
(15) House trailer.
(i) A trailer or semitrailer which is designed, constructed and equipped as a
dwelling place, living abode or sleeping place (either permanently or
temporarily) and is equipped for use as a conveyance on streets or
highways; or
(ii) A trailer or a semitrailer whose chassis and exterior shell is designed and
constructed for use as a house trailer, as defined in paragraph (a), but which
is used instead permanently or temporarily for the advertising, sales,
display or promotion of merchandise or services or for any other
commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(16) Intersection.
(i) The area embraced within the prolongation or connection of the lateral
curb lines, or, if none, then the lateral boundary lines of the roadways of
two (2) highways which join one another at, or approximately at, right
angles, or the area within which vehicles traveling upon different highways
joining at any other angle may come in conflict.
(ii) Where a highway includes two (2) roadways thirty (30) feet or more apart,
every crossing of each roadway of such divided highway by an intersecting
highway shall be regarded as a separate intersection. In the event such
intersecting highway also includes two (2) roadways thirty (30) feet or
more apart, every crossing of two (2) roadways of such highways shall be
regarded as a separate intersection.
(17) Laned roadway. A roadway which is divided into two (2) or more clearly
marked lanes for vehicular traffic.
Attachment number 1 \nPage 10 of 25
Item # 11
Page 11 of 25
(18) Light Transportation Vehicle. The following motor vehicles comprise the
classification of Light Transportation Vehicle: Motorized Carts, Personal
Transportation Vehicles; Light Utility Vehicles; and Low Speed Vehicles.
(19) Light Utility Vehicle. A Light Utility Vehicle is any self-propelled,
operator-controlled, off-road vehicle 72 inches or less in overall width,
exclusive of added accessories and attachments, operable on three or more
wheels, primarily intended to transport material loads or people, with a gross
vehicle weight of 5,500 pounds or less, and a maximum average speed less
than 25 miles per hour.
(20) Limited-access highway. Every highway, street or roadway in respect to
which owners or occupants of abutting lands and other persons have no legal
right of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction over
such highway, street or roadway.
(21) Loading zone. A space reserved for the exclusive use of vehicles during the
loading or unloading of passengers or property.
(22) Low Speed Vehicle. A low-speed vehicle (LSV) is any four-wheeled electric
vehicle whose top speed attainable in one mile is greater than 20 miles per
hour but not greater than 25 miles per hour on a paved level surface.
(23) Motorized Cart. “Motorized Cart” is the term formerly used for “Personal
Transportation Vehicle” or “PTV”. Whenever the term “Motorized Cart”
appears in this Code it shall be construed to mean a PTV.
(24) Motor vehicle. Every vehicle which is self-propelled, either by internal-
combustion engine or by electric power.
(25) Motorcycle. Every motor vehicle having a seat or saddle for the use of the
rider and designed to travel on not more than three (3) wheels in contact with
the ground, but excluding a tractor.
(26) Multipurpose off-highway vehicle. A vehicle having features specifically
intended for utility use and having the following characteristics:
Attachment number 1 \nPage 11 of 25
Item # 11
Page 12 of 25
(i) intended to transport persons and/or cargo, with a top speed in excess of
25 mph (40.2 km/h) but not more than 50 mph (80.4 km/h)
(ii) 2030 mm (80 in) or less in overall width
(iii) designed to travel on four or more wheels
(iv) using a steering wheel for steering control
(v) with a non-straddle seat
(vi) with a Gross Vehicle Weight Rating of no more than 1814 kg (4000 lb),
and
(vii) a minimum cargo capacity of 159 kg (350 lb). Width shall be exclusive
of accessories and attachments.
(27) Officer. Every officer of the Richmond County Sheriff’s Department or any
officer authorized to direct or regulate traffic or to make arrests for violations
of traffic regulations.
(28) Official time standard. Whenever certain hours are named herein they shall
mean standard time or daylight saving time as may be in current use in
Augusta, Georgia.
(29) Official traffic-control devices. All signs, signals, markings and devices not
inconsistent with this chapter and the laws of this state placed or erected by
authority of a public body or official having jurisdiction, for the purpose of
regulating, warning or guiding traffic.
(30) Park or parking. The standing of a vehicle, whether occupied or not, other
than temporarily for the purpose of and while actually engaged in loading or
unloading merchandise or passengers.
(31) Passenger curb loading zone. A place reserved for the exclusive use of
vehicles while receiving or discharging passengers.
Attachment number 1 \nPage 12 of 25
Item # 11
Page 13 of 25
(32) Pedestrian. Any person afoot.
(33) Person. Every natural person, firm, co-partnership, association or
corporation.
(34) Personal Transportation Vehicle. Personal transportation vehicle" or
“PTV” means any motor vehicle:
(i) With a minimum of four wheels;
(ii) Capable of a maximum level ground speed of less than 20 miles per
hour;
(iii) With a maximum gross vehicle unladen or empty weight of 1,375
pounds; and
(iv) Capable of transporting not more than eight persons.
The term does not include mobility aids, including power wheelchairs and
scooters, that can be used indoors and outdoors for the express purpose of
enabling mobility for a person with a disability. The term also does not
include ATVs or multipurpose off highway vehicles.
(35) Private road or driveway. Every way or place in private ownership and used
for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
(36) Railroad. A carrier of persons or property upon cars operated from
stationary rails.
(37) Railroad sign or signal. Any sign, signal or device erected by authority of
a public body or official or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a railroad train.
(38) Railroad train. A steam engine, electric or other motor, with or without cars
coupled thereto, operated upon rails.
Attachment number 1 \nPage 13 of 25
Item # 11
Page 14 of 25
(39) Residence district. The territory contiguous to and including a highway, not
comprising a business district when the property on such highway for a
distance of three hundred (300) feet or more, is predominantly residential in
nature.
(40) Right-of-way. The right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching under such
circumstances of direction, speed and proximity as to give rise to danger of
collision unless one grants precedence to the other.
(41) Road or roadway. That portion of a highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two (2) or more separate roadways, the term
roadway as used herein shall refer to any such roadway separately but not to
all such roadways collectively.
(42) Safety zone. The area or space officially set apart within a roadway for the
exclusive use of pedestrians and which is protected or is so marked or
indicated by adequate signs as to be plainly visible at all times while set apart
as a safety zone.
(43) Sheriff. The Sheriff of Richmond County, Georgia.
(44) Sidewalk. That portion of a street between the curb lines or the lateral lines
of a roadway, and the adjacent property lines, intended for use by pedestrians.
(45) Stand or standing. The halting of a vehicle whether occupied or not, other
than temporarily for the purpose of and while actually engaged in receiving
or discharging passengers.
(46) Stop. When required, means complete cessation from movement.
(47) Stop or stopping. When prohibited, means any halting, even momentarily,
of a vehicle, whether occupied or not except when necessary to avoid conflict
with other traffic or in compliance with the directions of a police officer or
traffic-control sign or signal.
Attachment number 1 \nPage 14 of 25
Item # 11
Page 15 of 25
(48) Street. The entire width between boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes
of vehicular travel.
(49) Through street or road. Every street or road or portion thereof on which
vehicular traffic is given preferential right of way, and at the entrances to
which vehicular traffic from intersection streets or roads is required by law to
yield the right-of-way to vehicles on such through street or road in obedience
to a stop sign, yield sign, or other traffic-control device, when such signs or
devices are erected as provided in this Code and the laws of this state.
(50) Tractor.
(i) Truck tractor. Every motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so drawn.
(ii) Farm tractor. Every motor vehicle designed and used primarily as a
farm implement for drawing plows, mowing machines, and other
implements of husbandry.
(iii) Road tractor. Every motor vehicle designed and used for drawing
other vehicles and not so constructed as to carry any load thereon either
independently or any part of the weight of a vehicle or load so drawn.
(51) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and other
conveyances either singly or together while using any highway for purposes
of travel.
(52) Traffic-control signal. Any device, whether manually, electrically or
mechanically operated, by which traffic is alternatively directed to stop and
permitted to proceed.
(53) Traffic division. The traffic division of the Richmond County Sheriff’s
Department, or in the event a traffic division is not established, then said term
whenever used herein shall be deemed to refer to the Sheriff’s Department.
(54) Truck. Every motor vehicle designed, used or maintained primarily for the
transportation of property.
Attachment number 1 \nPage 15 of 25
Item # 11
Page 16 of 25
(55) Vehicle. Every device in, upon or by which any person or property is or
may be transported or drawn upon a highway, excepting devices moved by
human power or used exclusively upon stationary rails or tracks.
Attachment number 1 \nPage 16 of 25
Item # 11
Page 17 of 25
Exhibit “C”
Sec. 3-5-86 Operating a motorized cart on a public street, road or highway
(a) No person shall operate any motorized cart upon a street, road, or public highway
in Augusta-Richmond County, except as specifically provided herein. Further, no
person shall operate any motorized cart on private property without the permission
of the owner of such private property.
(b) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions
thereof are hereby designated for the combined use of motorized carts and regular
vehicular traffic, upon the conditions hereinafter set forth:
(1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of Interstate
Parkway lying between the intersection of Wainbrook and Devore Place, are hereby
designated for the combined use of motorized carts and regular vehicular traffic
herein; and
(2) All that portion of Tenth Street located between Broad Street and the Savannah
River, provided that such use may occur only on the “First Friday” of each month,
between the hours of 5:00pm and 8:00pm, or at such other time(s) authorized by the
Mayor of Augusta.
(3) All that portion of Heath Drive beginning at the 300 block of Berckmans Road
leading to the 400 block of Berckmans Road; All that portion Cherry Lane from the
300 block of Berckmans Road to the 300 block of Heath Drive; All that portion of
Hemlock Hill Road from 300 block of Heath Drive to 2000 Block of Cherry Land;
All that portion of Hillside Land from the 300 block of Berkman’s Road to the dead
end. All that portion of Stanley Drive from 300 block of Heath Drive to 2700 block
of Washington Road.
(4) All that portion of Pine Needle Road from its intersection with Buena Vista and
Cardinal Drive, and continuing west to the Forest Hills Golf Course entrance, during
daylight hours between dawn and dusk.
Attachment number 1 \nPage 17 of 25
Item # 11
Page 18 of 25
(c) Appropriate signs giving notice of the combined use of motorized carts and
regular vehicular traffic shall be poster on said roads as directed by the Traffic
Engineer.
(d) No motorized carts shall operate on said streets except between the hours of 30
minutes following sunrise and 30 minutes prior to sunset, except as otherwise
provided herein.
(e) All motorized carts shall be equipped with headlights, brake lights, a yellow
caution light mounted on top of such motorized cart, and a caution sign.
(f) All such motorized carts shall be registered with the Richmond County Sheriff’s
Office for a fee of Fifteen Dollars ($15.00) with the license for the same to remain
permanently with such cart unless such cart is sold, at which time the license shall
be destroyed.
(g) All motorized carts shall obey all rules of the road governing vehicular traffic on
said public roads.
Attachment number 1 \nPage 18 of 25
Item # 11
Page 19 of 25
Exhibit “D”
Sec. 3-5-86 Operating a Personal Transportation Vehicle on a public street, road or
highway
(a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE shall be
applicable to this Section.
(b) All requests made to have additional roads designated for PTV use shall be
directed to the Augusta, Georgia Traffic Engineer, but must be approved by the
Augusta, Georgia Commission.
(c) As required by O.C.G.A. § 40-6-331(c), Augusta, Georgia shall erect signs
(having dimensions of at least 24 by 30 inches) on every highway which comprises
a part of the state highway system at that point on the highway which intersects the
corporate limits of the consolidated government of Augusta. Georgia. Such signs
shall warn approaching motorists that PTVs are authorized for use on public streets.
(d) Maps that clearly indicate locations of areas designated for PTV use should be
posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and be made
available in printed form.
(e) No person shall operate any Personal Transportation Vehicle (PTV) upon a
street, road, or public highway in Augusta, Georgia, except as specifically provided
herein. Further, no person shall operate any PTV on private property without the
permission of the owner of such private property.
(f) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions
thereof are hereby designated for the combined use of PTVs and regular vehicular
traffic, upon the conditions hereinafter set forth:
(1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of
Interstate Parkway lying between the intersection of Wainbrook and Devore
Attachment number 1 \nPage 19 of 25
Item # 11
Page 20 of 25
Place, are hereby designated for the combined use of PTVs and regular
vehicular traffic herein; and
(2) All that portion of Heath Drive beginning at Wicklow Drive leading to
Berckmans Road; and
(3) All that portion of Pine Needle Road from its intersection with Buena Vista
and Cardinal Drive, and continuing west to the Forest Hills Golf Course
entrance, during daylight hours between dawn and dusk; and
(4) Except as excluded below, all streets within the geographic area of
downtown Augusta, Georgia (Downtown Area) described as having a
northern boundary of the Georgia/South Carolina state line, a western
boundary of 15th Street, a southern boundary of Laney Walker Blvd, and an
eastern boundary of East Boundary Street.
(5) Downtown Area Exclusions:
(i) PTVs shall not be used on the following entire streets within the
Downtown Area: John C. Calhoun Expressway, 15th Street, St.
Sebastian Way, 13th Street, R.A. Dent, Walton Way, Laney Walker
Blvd, Gordon Highway, and East Boundary Street.
(ii) PTVs shall not be used on portions of the following streets within the
Downtown Area: Reynolds Street between 15th Street and 13th
Street, and Jones Street between 15th Street and 13th Street.
(iii) The Augusta, Georgia Director of Engineering (or his designee) shall
have the authority to designate specific locations for PTVs to cross
streets that are not designated for PTV use.
(g) No PTVs (except for Commercial and Employer operated PTVs) shall operate
on said streets except between the hours of 30 minutes following sunrise and 30
minutes prior to sunset. Commercial and Employer PTVs shall not be operated on
Attachment number 1 \nPage 20 of 25
Item # 11
Page 21 of 25
said streets from midnight to 6:00 a.m., but may be operated on such streets at all
other times.
(h) All PTVs shall be equipped with:
(1) A braking system sufficient for the weight and passenger capacity of the
vehicle, including a parking brake;
(2) A reverse warning device functional at all times when the directional control
is in the reverse position;
(3) A main power switch. When the switch is in the 'off' position, or the key or
other device that activates the switch is removed, the motive power circuit shall
be inoperative. If the switch uses a key, it shall be removable only in the 'off'
position;
(4) Head lamps;
(5) Reflex reflectors
(6) Tail lamps;
(7) A horn;
(8) A rearview mirror;
(9) Safety warning labels;
(10) Hip restraints and hand holds or a combination thereof;
(11) Brake lights
(12) High-mount strobe light for increased visibility
(i) In addition to the requirements above, all Commercial PTVs must have four-
wheel disk brakes, be uniquely keyed or have a “lockout” key switch (requires code
to be entered on keypad for security before vehicle will operate), be equipped with
United States Department of Transportation approved tires and be marked in a
Attachment number 1 \nPage 21 of 25
Item # 11
Page 22 of 25
conspicuous manner with the name of the company or organization operating the
Commercial PTV.
(j) Minimum Licensing and Insurance Coverage Requirements.
(1) All PTV drivers must have a driver’s license.
(2) Commercial PTV operators must have at least $200,000 of liability insurance
coverage.
(3) Employer PTV operators must have at least $100,000 of liability insurance
coverage.
(4) All other PTVs must have liability insurance coverage in at least the same
amount as would be required for a full sized motor vehicle in Georgia.
(k) Limitations and Safety Criteria for all PTVs.
PTV operation on designated public roads of Augusta, Georgia shall be in
accordance with the following limitations:
(1) No person shall operate a PTV on a public road of Augusta, Georgia unless
that road is designated for PTV operation and is posted with the required sign(s).
(2) No PTV shall be driven across any road at an intersection where the road
being crossed has a posted speed limit of more than thirty-five (35) miles per
hour.
(3) The maximum occupancy of a PTV traveling on roads will be one person per
designated seat.
(4) The use or consumption of alcoholic beverages or other mind altering
substances while operating or occupying a PTV on public roads is prohibited.
Attachment number 1 \nPage 22 of 25
Item # 11
Page 23 of 25
(5) Every person operating a PTV on a public roadway has the rights and duties
applicable to the driver or operator of any other vehicle under the provisions of
Chapters 58 and 69 of Title 40 of the Official Code of Georgia, as applicable.
(6) No PTV may be operated at a rate of speed greater than reasonable or proper
under all surrounding circumstances, but in no event at a speed greater than 20
miles per hour unless the vehicle is a low speed vehicle complying with Federal
Motor Vehicle Safety Standards (FMVSS) 500 in which case it may not be
operated at a speed greater than 25 miles per hour.
(l) Registration, Proof of Insurance and Permit Process.
(1) All PTVs shall be registered with the Augusta, Georgia Planning and
Development Department and PTV owners must obtain a permit to operate a PTV
on any street designated for PTV use. A fee of $15.00 is required to register a
PTV and obtain a permit. PTV owners must complete the permit registration
form provided for the foregoing purpose. A granted permit will be valid for not
less than a period of five (5) years. A permit may be revoked for a violation of
any provision of this ordinance. The Planning and Development Department will
issue visible proof of compliance, (certification decal), that must be attached to
the driver's side of the PTV. The certification decal shall remain permanently
with the vehicle unless the vehicle is sold or the decal is destroyed. The
completed forms will be maintained by the Planning and Development
Department.
(2) An education and information package describing the requirements of the
Augusta, Georgia PTV transportation program shall to be distributed with the
PTV registration decal.
(3) A PTV shall be insured as required by Georgia’s motor vehicle insurance law,
and the operator must carry proof of insurance when operating the PTV.
(g) Enforcement of PTV transportation plan; Sanctions.
Attachment number 1 \nPage 23 of 25
Item # 11
Page 24 of 25
Any act constituting a violation of this Ordinance or a failure to comply with any of
its requirements shall subject the offender to a civil penalty of up to one thousand
dollars ($1,000.00) and/or sixty (60) days in jail. Additionally, offenders may have
their permit to operate a PTV revoked.
(h) Exceptions.
The geographic limitations set forth herein shall not apply to PTVs being operated
as follows:
(1) To cross a road from one portion of a golf course to another portion thereof
or to another adjacent golf course; or to travel between a person's home and golf
course if (i) the trip would not be longer than one mile in either direction; (ii) the
speed limit on the road is no more than twenty-five (25) miles per hour; and (iii)
the route does not cross a road that has a speed limit of more than 35 miles per
hour.
(2) To the extent necessary for Augusta, Georgia employees and Augusta,
Georgia contractors to fulfill a governmental purpose, or as otherwise authorized
by Augusta, Georgia, provided the PTV is not operated on a public road of
Augusta, Georgia with a posted speed limit over 35 miles per hour;
(3) As necessary by employees of public or private institutions of higher
education if operating on roads within the property limits of such institutions,
provided the PTV is being operated on roads with speed limits of twenty-five
(25) miles per hour or less.
(i) Governmental Operations.
Augusta, Georgia is permitted to operate Augusta, Georgia owned PTVs for the
purposes of government maintenance, traffic enforcement or other government
business, on Augusta, Georgia streets as well as private property. Generally, these
PTVs shall be equipped with flashing yellow warning lights to the front and rear or
Attachment number 1 \nPage 24 of 25
Item # 11
Page 25 of 25
a yellow flashing light on top. Augusta, Georgia and other governmental agencies
shall be exempt from the permit requirements contained in this ordinance.
(j) Conflict with State Law
To the extent that there is any conflict between this Code and any federal law or
Georgia law, the federal or Georgia law shall prevail.
(k) No Assumption of Liability. Nothing in this section shall be construed as an
assumption of liability by Augusta, Georgia for any injuries or death to persons or
property damage in connection with, including, but not limited to: 1) the operation
of a PTV; 2) the grant of an PTV permit; or 3) the failure by Augusta, Georgia to
revoke a PTV permit.
(l) Effective Date.
This Ordinance shall become effective ____________.
Attachment number 1 \nPage 25 of 25
Item # 11
Page 1 of 20
Exhibit “B”
Sec. 3-5-1. Definitions of words and phrases.
(a) The following words and phrases when used in this chapter shall for the purpose
of this chapter have the meanings respectively ascribed to them in this section,
except when the context otherwise requires.
(b) Whenever any words and phrases used in this chapter are not defined herein but
are defined in the state laws regulating the operation of Personal Transportation
(PTVs) and other vehicles, any such definition therein shall be deemed to apply to
such words and phrases used herein, except when the context otherwise requires.
(1) Alley. A street or highway intended to provide access to the rear or side of lots
or buildings in urban districts and not intended for the purpose of through
vehicular traffic.
(2) Arterial street. Any U.S. or state numbered route, controlled access highway,
or other major radial or circumferential street or highway designated by local
authorities within their respective jurisdictions as part of a major arterial
system of streets or highways.
(3) Authorized emergency vehicle. Such fFire dDepartment vehicles, Sheriff's
Department vehicles, ambulances as are publicly owned, and such other
publicly or privately owned vehicles as are designated or authorized by the
Sheriff's Department or the Augusta, Georgia Commission.
(4) Bicycle. Every device propelled by human power upon which any person may
ride, having two (2) tandem wheels either of which is more than fourteen (14)
inches in diameter.
(5) Bus. Every motor vehicle designed for carrying more than ten (10) passengers
and used for the transportation of persons; and every motor vehicle, other than
a taxicab, designed and used for the transportation of persons for
compensation.
(6) Business district. The territory contiguous to and including a highway, when
within any six hundred (600) feet along such roadway, there are buildings in
Attachment number 2 \nPage 1 of 20
Item # 11
Page 2 of 20
use for business or industrial purposes, including but not limited to hotels,
banks or office buildings, railroad stations and public buildings which occupy
at least three hundred (300) feet of frontage on one (1) side or three hundred
(300) feet collectively on both sides of the roadway, provided that such
business district is designated and marked as such by the traffic engineer.
(6)(7) Commercial PTV Operator. A business or other entity providing
transportation services to the public using PTVs.
(7)(8) Crosswalk.
(i) That part of a roadway at an intersection included within the connections
of the lateral lines of the sidewalks on opposite sides of the roadway
measured from the curbs or in the absence of curbs, from the edges of the
traversable roadway;
(ii) Any portion of a roadway at an intersection or elsewhere distinctly
indicated for pedestrian crossing by lines or other markings on the surface.
Department. The Sheriff's Department of Richmond County acting directly or
through its duly authorized officers or agents.
(8)(9) Driver or Operator. Every person who drives or is in actual physical
control of a vehicle.
(9)(10) Driver's license. Any license to operate a motor vehicle issued under
the laws of this state.
(11) Employer PTV Operator. A business or other entity having an office or
business in an area designated for PTV use that provides transportation
services for its employees using PTVs.
(10)(12) “Golf cart” a/k/a “golf cart”. A vehicle whose designed purpose and
exclusive use is to convey a person or persons and equipment to play the game
of golf in an area designated as a golf course. To qualify as a golf car the
vehicle’s average speed shall be less than (24 km/h) 15 MPH on a horizontally
level surface, 0.5% grade (0.3 degrees) comprised of a straight course
composed of a concrete or asphalt surface that is dry and free from loose
Attachment number 2 \nPage 2 of 20
Item # 11
Page 3 of 20
material or surface contamination with a minimum coefficient of friction of
0.8 between tire and surface.
(11)(13) Gross weight. The weight of a vehicle without load plus the weight of
any load thereon.
(12)(14) Highway or street. The entire width between the boundary lines of
every way publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular traffic.
(13)(15) House trailer.
(i) A trailer or semitrailer which is designed, constructed and equipped as a
dwelling place, living abode or sleeping place (either permanently or
temporarily) and is equipped for use as a conveyance on streets or
highways; or
(ii) A trailer or a semitrailer whose chassis and exterior shell is designed and
constructed for use as a house trailer, as defined in paragraph (a), but which
is used instead permanently or temporarily for the advertising, sales,
display or promotion of merchandise or services or for any other
commercial purpose except the transportation of property for hire or the
transportation of property for distribution by a private carrier.
(14)(16) Intersection.
(i) The area embraced within the prolongation or connection of the lateral
curb lines, or, if none, then the lateral boundary lines of the roadways of
two (2) highways which join one another at, or approximately at, right
angles, or the area within which vehicles traveling upon different highways
joining at any other angle may come in conflict.
(ii) Where a highway includes two (2) roadways thirty (30) feet or more apart,
every crossing of each roadway of such divided highway by an intersecting
highway shall be regarded as a separate intersection. In the event such
intersecting highway also includes two (2) roadways thirty (30) feet or
more apart, every crossing Oof two (2) roadways of such highways shall
be regarded as a separate intersection.
Attachment number 2 \nPage 3 of 20
Item # 11
Page 4 of 20
(15)(17) Laned roadway. A roadway which is divided into two (2) or more
clearly marked lanes for vehicular traffic.
(16)(18) Light Transportation Vehicle. The following motor vehicles comprise
the classification of Light Transportation Vehicle: Motorized Carts, Personal
Transportation Vehicles; Light Utility Vehicles; and Low Speed Vehicles.
(17)(19) Light Utility Vehicle. A Light Utility Vehicle is any self-propelled,
operator-controlled, off-road vehicle 72 inches or less in overall width,
exclusive of added accessories and attachments, operable on three or more
wheels, primarily intended to transport material loads or people, with a gross
vehicle weight of 5,500 pounds or less, and a maximum average speed less
than 25 miles per hour.
(18)(20) Limited-access highway. Every highway, street or roadway in respect
to which owners or occupants of abutting lands and other persons have no
legal right of access to or from the same except at such points only and in such
manner as may be determined by the public authority having jurisdiction over
such highway, street or roadway.
(19)(21) Loading zone. A space reserved for the exclusive use of vehicles during
the loading or unloading of passengers or property.
(20)(22) Low Speed Vehicle. A low-speed vehicle (LSV) is any four-wheeled
electric vehicle whose top speed attainable in one mile is greater than 20 miles
per hour but not greater than 25 miles per hour on a paved level surface. and
which is except as specifically provided herein. Further, no person shall
operate any LTV on private property without the permission of the owner of
such private property.
(21)(23) Motorized Cart. “Motorized Cart” is the term formerly used for
“Personal Transportation Vehicle” or “PTV”. Whenever the term
“Motorized Cart” appears in this Codeordinance it shall be construed to
mean a PTV.
(22)(24) Motor vehicle. Every vehicle which is self-propelled, either by internal-
combustion engine or by electric power.
Attachment number 2 \nPage 4 of 20
Item # 11
Page 5 of 20
(23)(25) Motorcycle. Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three (3) wheels in contact
with the ground, but excluding a tractor.
(24)(26) Multipurpose off-highway vehicle. A vehicle having features
specifically intended for utility use and having the following characteristics:
(i) intended to transport persons and/or cargo, with a top speed in excess of
25 mph (40.2 km/h) but not more than 50 mph (80.4 km/h)
(ii) 2030 mm (80 in) or less in overall width
(iii) designed to travel on four or more wheels
(iv) using a steering wheel for steering control
(v) with a non-straddle seat
(vi) with a Gross Vehicle Weight Rating of no more than 1814 kg (4000 lb),
and
(vii) a minimum cargo capacity of 159 kg (350 lb). Width shall be exclusive
of accessories and attachments.
(25)(27) Officer. Every officer of the Richmond County Sheriff’s Department or
any officer authorized to direct or regulate traffic or to make arrests for
violations of traffic regulations.
(26)(28) Official time standard. Whenever certain hours are named herein they
shall mean standard time or daylight saving time as may be in current use in
Augusta, Georgia-Richmond County.
(27)(29) Official traffic-control devices. All signs, signals, markings and devices
not inconsistent with this chapter and the laws of this state placed or erected
by authority of a public body or official having jurisdiction, for the purpose
of regulating, warning or guiding traffic.
Attachment number 2 \nPage 5 of 20
Item # 11
Page 6 of 20
(28)(30) Park or parking. The standing of a vehicle, whether occupied or not,
other thanwise than temporarily for the purpose of and while actually engaged
in loading or unloading merchandise or passengers.
(29)(31) Passenger curb loading zone. A place reserved for the exclusive use of
vehicles while receiving or discharging passengers.
(30)(32) Pedestrian. Any person afoot.
(31)(33) Person. Every natural person, firm, co-partnership, association or
corporation.
(32)(34) Personal Transportation Vehicle. Personal transportation vehicle" or
“PTV” means any motor vehicle:
(i) a. With a minimum of four wheels;
(ii) b. Capable of a maximum level ground speed of less than 20 miles
per hour;
(iii) c. With a maximum gross vehicle unladen or empty weight of 1,375
pounds; and
(iv) d. Capable of transporting not more than eight persons.
The term does not include mobility aids, including power wheelchairs and
scooters, that can be used indoors and outdoors for the express purpose of
enabling mobility for a person with a disability. The term also does not
include ATVs or multipurpose off highway vehicles.
(33)(35) Private road or driveway. Every way or place in private ownership and
used for vehicular travel by the owner and those having express or implied
permission from the owner, but not by other persons.
(34)(36) Railroad. A carrier of persons or property upon cars operated from
stationary rails.
Attachment number 2 \nPage 6 of 20
Item # 11
Page 7 of 20
(35)(37) Railroad sign or signal. Any sign, signal or device erected by authority
of a public body or official or by a railroad and intended to give notice of the
presence of railroad tracks or the approach of a railroad train.
(36)(38) Railroad train. A steam engine, electric or other motor, with or without
cars coupled thereto, operated upon rails.
(37)(39) Residence district. The territory contiguous to and including a highway,
not comprising a business district when the property on such highway for a
distance of three hundred (300) feet or more, is predominantly residential in
nature.
(38)(40) Right-of-way. The right of one vehicle or pedestrian to proceed in a
lawful manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give rise to
danger of collision unless one grants precedence to the other.
(39)(41) Road or roadway. That portion of a highway improved, designed or
ordinarily used for vehicular travel, exclusive of the berm or shoulder. In the
event a highway includes two (2) or more separate roadways, the term
roadway as used herein shall refer to any such roadway separately but not to
all such roadways collectively.
(40)(42) Safety zone. The area or space officially set apart within a roadway for
the exclusive use of pedestrians and which is protected or is so marked or
indicated by adequate signs as to be plainly visible at all times while set apart
as a safety zone.
(41)(43) Sheriff. The Sheriff of Richmond County, Georgia.
(42)(44) Sidewalk. That portion of a street between the curb lines or the lateral
lines of a roadway, and the adjacent property lines, intended for use by
pedestrians.
(43)(45) Stand or standing. The halting of a vehicle whether occupied or not,
other wise than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
(44)(46) Stop. When required, means complete cessation from movement.
Attachment number 2 \nPage 7 of 20
Item # 11
Page 8 of 20
(45)(47) Stop or stopping. When prohibited, means any halting, even
momentarily, of a vehicle, whether occupied or not except when necessary to
avoid conflict with other traffic or in compliance with the directions of a
police officer or traffic-control sign or signal.
(46)(48) Street. The entire width between boundary lines of every way publicly
maintained when any part thereof is open to the use of the public for purposes
of vehicular travel.
(49) Through street or road. Every street or road or portion thereof on which
vehicular traffic is given preferential right of way, and at the entrances to
which vehicular traffic from intersection streets or roads is required by law to
yield the right-of-way to vehicles on such through street or road in obedience
to a stop sign, yield sign, or other traffic-control device, when such signs or
devices are erected as provided in this chapterCode and the laws of this state.
(47)
(48)(50) Tractor.
(i) Truck tractor. Every motor vehicle designed and used primarily for
drawing other vehicles and not so constructed as to carry a load other
than a part of the weight of the vehicle and load so drawn.
(ii) Farm tractor. Every motor vehicle designed and used primarily as a
farm implement for drawing plows, mowing machines, and other
implements of husbandry.
(iii) Road tractor. Every motor vehicle designed and used for drawing
other vehicles and not so constructed as to carry any load thereon either
independently or any part of the weight of a vehicle or load so drawn.
(49)(51) Traffic. Pedestrians, ridden or herded animals, vehicles, streetcars and
other conveyances either singly or together while using any highway for
purposes of travel.
(50)(52) Traffic-control signal. Any device, whether manually, electrically or
mechanically operated, by which traffic is alternatively directed to stop and
permitted to proceed.
Attachment number 2 \nPage 8 of 20
Item # 11
Page 9 of 20
(51)(53) Traffic division. The traffic division of the Richmond County Sheriff’s
Department, or in the event a traffic division is not established, then said term
whenever used herein shall be deemed to refer to the Sheriff’s Department.
(52)(54) Truck. Every motor vehicle designed, used or maintained primarily for
the transportation of property.
(53)(55) Vehicle. Every device in, upon or by which any person or property is or
may be transported or drawn upon a highway, excepting devices moved by
human power or used exclusively upon stationary rails or tracks.
Attachment number 2 \nPage 9 of 20
Item # 11
Page 10 of 20
Exhibit “D”
Sec. 3-5-86 Operating a Personal Transportation Vehicle motorized cart on a public
street, road or highway
(a) (a) (a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE
shall be applicable to this Section.
(b) All requests made to have additional roads designated for PTV use shall be
directed to the Augusta, Georgia Traffic Engineer, but must be approved by the
Augusta, Georgia Commission.
(c) As required by O.C.G.A. § 40-6-331(c), Augusta, Georgia shall erect signs
(having dimensions of at least 24 by 30 inches) on every highway which comprises
a part of the state highway system at that point on the highway which intersects the
corporate limits of the consolidated government of Augusta. Georgia. Such signs
shall warn approaching motorists that PTVs are authorized for use on public streets.
(d) Maps that clearly indicate locations of areas designated for PTV use should be
posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and be made
available in printed form.
(a)(e) No person shall operate any motorized cart Personal Transportation Vehicle
(PTV) upon a street, road, or public highway in Augusta, Georgia-Richmond
County, except as specifically provided herein. Further, no person shall operate any
motorized cartPTV on private property without the permission of the owner of such
private property.
(b)(f) (b) Pursuant to O.C.G.A. § 40-6-331, the following public streets and portions
thereof are hereby designated for the combined use of motorized cartPTVs and
regular vehicular traffic, upon the conditions hereinafter set forth:
(1) J. Dewey Gray Circle, Wainbrook, Devore Place, and that section of
Interstate Parkway lying between the intersection of Wainbrook and Devore
Attachment number 2 \nPage 10 of 20
Item # 11
Page 11 of 20
Place, are hereby designated for the combined use of motorized cartPTVs and
regular vehicular traffic herein; and
(2) All that portion of Tenth Street located between Broad Street and the
Savannah River, provided that such use may occur only on the “First Friday”
of each month, between the hours of 5:00pm and 8:00pm, or at such other
time(s) authorized by the Mayor of Augusta.
(32) All that portion of Heath Drive beginning at Wicklow Drive the 300
block of Berckmans Road leading to the 400 block of Berckmans Road; All
that portion Cherry Lane from the 300 block of Berckmans Road to the 300
block of Heath Drive; All that portion of Hemlock Hill Road from 300 block
of Heath Drive to 2000 Block of Cherry Land; All that portion of Hillside
Land from the 300 block of Berkman’s Road to the dead end. All that portion
of Stanley Drive from 300 block of Heath Drive to 2700 block of Washington
Road.and
(43) All that portion of Pine Needle Road from its intersection with Buena
Vista and Cardinal Drive, and continuing west to the Forest Hills Golf Course
entrance, during daylight hours between dawn and dusk.; and
(4) Except as excluded below, all streets within the geographic area of
downtown Augusta, Georgia (Downtown Area) described as having a
northern boundary of the Georgia/South Carolina state line, a western
boundary of 15th Street, a southern boundary of Laney Walker Blvd, and an
eastern boundary of East Boundary Street.
(5) Downtown Area Exclusions:
(i) PTVs shall not be used on the following entire streets within the
Downtown Area: John C. Calhoun Expressway, 15th Street, St.
Sebastian Way, 13th Street, R.A. Dent, Walton Way, Laney Walker
Blvd, Gordon Highway, and East Boundary Street.
Attachment number 2 \nPage 11 of 20
Item # 11
Page 12 of 20
(ii) PTVs shall not be used on portions of the following streets within the
Downtown Area: Reynolds Street between 15th Street and 13th
Street, and Jones Street between 15th Street and 13th Street.
(iii) The Augusta, Georgia Director of Engineering (or his designee) shall
have the authority to designate specific locations for PTVs to cross
streets that are not designated for PTV use.
(c) Appropriate signs giving notice of the combined use of motorized carts and
regular vehicular traffic shall be poster on said roads as directed by the Traffic
Engineer.
(d)
(e)(g) (d) No motorized cartPTVs (except for Commercial and Employer operated
PTVs) shall operate on said streets except between the hours of 30 minutes following
sunrise and 30 minutes prior to sunset, except as otherwise provided herein.
Commercial and Employer PTVs shall not be operated on said streets from midnight
to 6:00 a.m., but may be operated on such streets at all other times.
(h) (e) All motorized cartPTVs shall be equipped with headlights, brake lights, a
yellow caution light mounted on top of such motorized cart, and a caution sign.:
(1) A braking system sufficient for the weight and passenger capacity of the
vehicle, including a parking brake;
(2) A reverse warning device functional at all times when the directional control
is in the reverse position;
(3) A main power switch. When the switch is in the 'off' position, or the key or
other device that activates the switch is removed, the motive power circuit shall
be inoperative. If the switch uses a key, it shall be removable only in the 'off'
position;
(4) Head lamps;
Reflex reflectors;
(5) Reflex reflectors
Attachment number 2 \nPage 12 of 20
Item # 11
Page 13 of 20
(6) Tail lamps;
Turn signals
(7) A horn;
(8) A rearview mirror;
(9) Safety warning labels;
(10) Hip restraints and hand holds or a combination thereof;
(11) Brake lights
(12) High-mount strobe light for increased visibility
(10
Brake lights
High-mount strobe light for increased visibility
Side/rear reflectors
Top/windshield
(i) In addition to the requirements above, all Commercial PTVs must have four-
wheel disk brakes, have be uniquely keyed or have a “lockout” key switch (requires
code to be entered on keypad for security before vehicle will operate), be equipped
with United States Department of Transportation approved tires and be marked in a
conspicuous manner with the name of the company or organization operating the
Commercial PTV.
(f) All such motorized carts shall be registered with the Richmond County Sheriff’s
Office for a fee of Fifteen Dollars ($15.00) with the license for the same to remain
Attachment number 2 \nPage 13 of 20
Item # 11
Page 14 of 20
permanently with such cart unless such cart is sold, at which time the license shall
be destroyed.
(g) All motorized carts shall obey all rules of the road governing vehicular traffic on
said public roads.
Minimum Licensing and Insurance Coverage Requirements.
(j)
(1) All PTV drivers must have a driver’s license.
(2) Commercial PTV operators must have at least $200,000 of liability insurance
coverage.
(3) Employer PTV operators must have at least $100,000 of liability insurance
coverage.
(4) All other PTVs must have liability insurance coverage in at least the same
amount as would be required for a full sized motor vehicle in Georgia.
All Tourism PTV drivers shall have a driver’s license.
(1) All Tourism PTV operators shall have at least $200,000 of liability insurance
coverage.
Sec. 3-5-86 Operating Light Transportation Vehicles including golf carts on public
streets, roads or highways.
(a) The definitions contained in Section 3-5-1 of the AUGUSTA, GA. CODE shall be
applicable to this Section.
(b) No person shall operate any Light Transportation Vehicle (LTV) upon a street,
road, or public highway in Augusta, Georgia, except as specifically provided herein.
Attachment number 2 \nPage 14 of 20
Item # 11
Page 15 of 20
Further, no person shall operate any LTV on private property without the permission
of the owner of such private property.
(c) Designation of public roads of Augusta, Georgia for LTV operation; posting of
signs.
(1) Pursuant to Section 40-6-331 and 40-6-360 of the Official Code of Georgia, the
Augusta, Georgia Commission may authorize by ordinance, the operation of LTVs
on designated public roads (Controlled Operating Environments) within the
jurisdiction of Augusta, Georgia after (i) considering the speed, volume, and
character of motor vehicle traffic using public roads, and (ii) determining that LTV
operation on particular roads is compatible with state and local transportation plans
and consistent with the state of Georgia’s statewide pedestrian policy. No public
road of Augusta, Georgia shall be designated for use by LTVs if LTV operation will
impede the safe and efficient flow of motor vehicle traffic, or if the road's posted
speed limit is greater than thirty (30) miles per hour, except that use of LTVs on are
permitted on the following streets having a speed limit of thirty-five (35) miles per
hour:
(i) Reynolds Street from 5th Street to 10th Street.
(2) All requests made to have additional roads designated for LTV use shall be
directed to the Augusta, Georgia Traffic Engineer.
(3) As required by O.C.G.A.§ 40-6-331(c), Augusta, Georgia shall erect signs
(having dimensions of at least 24 by 30 inches) on every highway which comprises
a part of the state highway system at that point on the highway which intersects the
corporate limits of the consolidated government of Augusta. Georgia. Such signs
shall warn approaching motorists that motorized carts are authorized for use on
public streets.
(f) (4) Maps that clearly indicate locations of Controlled Operating Environments
should be posted on Augusta, Georgia’s web site [http://www.augustaga.gov] and
be distributed or made available in printed form to all known users.
Attachment number 2 \nPage 15 of 20
Item # 11
Page 16 of 20
(g)
(h)(k) (d) Limitations and Safety Criteria for all PTVs.
LTVPTV operation on designated public roads of Augusta, Georgia shall be in
accordance with the following limitations:
(1) No person shall operate a LTVPTV on a public road of Augusta, Georgia
unless that road is designated for LTVPTV operation and is posted with the
required sign(s).
(2) LTVs may only be driven on roads having a speed limit of thirty miles per
hour (30 mph) or less, except that LTVs may Citizens may request the addition
of specific roads to the map.
(32) No LTVPTV shall be driven across any road at an intersection where the
road being crossed has a posted speed limit of more than thirty-five (35) miles
per hour.
(43) The maximum occupancy of a LTVPTV traveling on roads will be one
person per designated seat.
(54) The use or consumption of alcoholic beverages or other mind altering
substances while operating or occupying a LTVPTV on public roads is
prohibited.
(6) No person shall operate any LTV on any designated public road of Augusta,
Georgia unless the person possesses a valid driver's license.
(7) LTV operators shall maintain their LTVs in a safe condition and ensure that
an unobstructed view to the rear is maintained at all times the LTV is in operation
on public roads.
Attachment number 2 \nPage 16 of 20
Item # 11
Page 17 of 20
(85) Every person operating a LTVPTV on a public roadway has the rights and
duties applicable to the driver or operator of any other vehicle under the
provisions of Chapters 58 and 69 of Title 40 of the Official Code of Georgia, as
applicable.
(96) No LTVPTV may be operated at a rate of speed greater than reasonable or
proper under all surrounding circumstances, but in no event at a speed greater
than 20 miles per hour unless the vehicle is a low speed vehicle complying with
Federal Motor Vehicle Safety Standards (FMVSS) 500 in which case it may not
be operated at a speed greater than 25 miles per hour.
(10) No LTV shall operate on a public roadway except between the hours of 30
minutes following sunrise and 30 minutes prior to sunset, except as otherwise
provided herein.
(i) (e) Rules of the Road.
(j)
(k) (1) All LTVs are entitled to full use of a lane, and no motor vehicle shall be
driven in such a manner as to deprive any LTV of the full use of a lane.
(l)
(m) (2) The operator of a LTV shall not overtake and pass in the same lane
occupied by the vehicle being overtaken.
(n)
(o) (3) No person shall operate a LTV between lanes of traffic or between
adjacent lines or rows of vehicles.
(p)
(q) (4) LTVs shall not be operated two or more abreast in a single lane.
(r)
(s) (f) Equipment. LTVs shall be equipped at a minimum with what is required
under O.C.G.A. § 40-1-1(43.1), i.e., (1) A braking system sufficient for the weight
and passenger capacity of the vehicle, including a parking brake; (2) A reverse
warning device functional at all times when the directional control is in the reverse
position; (3) A main power switch. When the switch is in the 'off' position, or the
key or other device that activates the switch is removed, the motive power circuit
shall be inoperative. If the switch uses a key, it shall be removable only in the 'off'
position; (4) Head lamps; (5) Reflex reflectors; (6) Tail lamps; (7) A horn; (8) A
rearview mirror; (9) Safety warning labels; and (10) Hip restraints and hand holds.
Attachment number 2 \nPage 17 of 20
Item # 11
Page 18 of 20
If the LTV is a Low Speed Vehicle it shall also be manufactured in compliance with
those federal motor vehicle safety standards for low-speed vehicles set forth in 49
C.F.R. Section 571.500 and in effect on January 1, 2001 including without limitation
the required equipment and performance limit specified in 5(a) of Section 571.500
under the specified test conditions.
(t)
(u)(l) (g) Registration, Proof of Insurance and Permit Process.
(1) All PTVs shall be registered with the Augusta, Georgia Planning and
Development Department and PTV owners must obtain a permit to operate a PTV
on any street designated for PTV use. A fee of $15.00 is required to register a
LTVPTV and obtain a permitfor use on public roads will be charged by the
Richmond County Sheriff’s Office to cover the costs of implementing and
maintaining this Ordinance. LTVPTV owners must complete the permit
registration form provided for the foregoing purpose. A granted permit will be
valid for not less than a period up to one of five (15) years. Permits may be
renewed annually upon the payment A permit may be revoked for a violation of
any provision of this ordinance. The Planning and Development
DepartmentSheriff’s Office will issue visible proof of compliance, (certification
decal), that must be attached to the driver's side of the LTVPTV. The certification
decal shall remain permanently with the vehicle unless the vehicle is sold or the
decal is destroyed. The completed forms will be maintained by the Sheriff’s
Office Planning and Development Department. Registration shall be denied
vehicles capable of seating more than eight persons.
(2) An education and information package describing the requirements of the
Augusta, Georgia LTVPTV transportation program shall to be distributed with
the LTVPTV registration decal.
(3) An LTVPTV shall be insured as required by Georgia’s motor vehicle
insurance law, and the operator must carry proof of insurance when operating the
LTVPTV.
(hg) Enforcement of LTVPTV transportation plan; Sanctions.
Attachment number 2 \nPage 18 of 20
Item # 11
Page 19 of 20
The Augusta, Georgia Commission finds and determines that it shall provide law
enforcement for the GCV transportation plan and enforce the rules and regulations
of the AUGUSTA, GA, CODE, and the Georgia Motor Vehicles and Traffic Code. Any
act constituting a violation of this Ordinance or a failure to comply with any of its
requirements shall subject the offender to a civil penalty of up to one thousandthree
hundred fifty dollars ($1,03500.00) and/or sixty (60) days in jail. , plus the court
costs and attorneys’ fees incurred by Augusta, Georgia. If the offender fails to pay
the penalty within ten (10) days of receiving final written notice of a violation, the
penalty may be recovered by the Sheriff’s Office in a civil action in the nature of a
debt. Additionally, Repeat offenders may have their permit to operate a PTV
privileges granted by this Ordinance revoked.
(ih) Exceptions.
The geographic limitations set forth hereinin subsection (d)(1) and (2) above shall
not apply to LTVPTVs being operated as follows:
(1) To cross a road from one portion of a golf course to another portion thereof
or to another adjacent golf course; or to travel between a person's home and golf
course if (i) the trip would not be longer than one mile in either direction; (ii) the
speed limit on the road is no more than twenty-five (25) miles per hour; and (iii)
the route does not crossing a road at an intersection at crossings or intersections
designated for that purpose by Augusta, Georgia where the road that has a posted
speed limit of not more than 35 miles per hour.
(2) To the extent necessary for Augusta, Georgia employees and Augusta,
Georgia contractors to fulfill a governmental purpose, or as otherwise authorized
by Augusta, Georgia, provided the LTVPTV is not operated on a public road of
Augusta, Georgia with a posted speed limit over thirty-five (35) miles per hour;
(3) As necessary by employees of public or private institutions of higher
education if operating on roads within the property limits of such institutions,
provided the LTVPTV is being operated on roads with speed limits of twenty-
five (25) miles per hour or less.
Attachment number 2 \nPage 19 of 20
Item # 11
Page 20 of 20
(ji). Augusta, Georgia Governmental Operations.
Augusta, Georgia is permitted to operate Augusta, Georgia owned LTVPTVs for the
purposes of government maintenance, traffic enforcement or other government
business, on Augusta, Georgia streets as well as private property. Generally, these
LTVPTVs shall be equipped with flashing yellow warning lights to the front and
rear or a yellow flashing light on top. Augusta, Georgia and other governmental
agencies shall be exempt from the permit requirements contained in this ordinance.
k. (j) Conflict with State Law
An ordinance adopted under this Section shall not conflict with or duplicate another
state law. To the extent that there is any conflict between this Code and any federal
law or Georgia law, the federal or Georgia law shall prevail.
l.(k) No Assumption of Liability. Nothing in this section shall be construed as an
assumption of liability by Augusta, Georgia for any injuries or death to persons or
property damage in connection with, including, but not limited to: 1) the operation
of a LTVPTV; 2) the grant of an LTVPTV permit; or 3) the failure by Augusta,
Georgia to revoke an LTVPTV permit.
l.(l) Effective Date.
This Ordinance shall become effective ____________.
Attachment number 2 \nPage 20 of 20
Item # 11
Public Service Committee Meeting
5/29/2018 1:00 PM
Proposed Smoke-free Ordinance
Department:
Presenter:
Caption:Report from the Subcommittee appointed on March 28,
2018 to consider draft Ordinance to Restrict Smoking
and the use of E-Cigarettes in public places of public
accommodation.
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 12
Page 1 of 21
Version 5-8-2018
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE AUGUSTA, GA CODE, TITLE FOUR, BY
ADDING A NEW ARTICLE TO BE DESIGNATED ARTICLE 7 AND NEW
SECTIONS TO BE DESIGNATED SECTIONS 4-2-77 THROUGH 4-2-97; TO
REPEAL AUGUSTA, GA CODE TITLE FOUR, SECTION 4-2-1; TO RESTRICT
SMOKING AND THE USE OF E-CIGARETTES IN PUBLIC PLACES AND IN
PLACES OF PUBLIC ACCOMMODATION; TO REPEAL ALL CODE
SECTIONS AND ORDINANCES AND PARTS OF CODE SECTIONS AND
ORDINANCES IN CONFLICT HEREWITH; TO PROVIDE AN EFFECTIVE
DATE AND FOR OTHER PURPOSES.
Whereas, secondhand smoke kills approximately 1,500 Georgia citizens every year; and
Whereas, 21% of adults in Augusta still exposed to secondhand smoke at work; and
Whereas, Richmond County ranks 124 out of 159 Georgia counties in health; and
Whereas, according to the Economic Impact Evaluation of the 2010 Savannah Smoke-Free
Air Ordinance by the Chronic Disease, Healthy Behavior and Injury Epidemiology Section
and the Georgia Tobacco Use Prevention Program of the Georgia Department of Public
Health, there was a 94% decrease in indoor air pollution after 1 year and no impact on
taxable sales revenue for bars and full-service restaurants after adjusting for time,
seasonality, etc; and
Whereas, the 2006 U.S. Surgeon General's Report, the Health Consequences of Involuntary
Exposure to Tobacco Smoke, has concluded that: (1) secondhand smoke exposure causes
disease and premature death in children and adults who do not smoke; (2) children exposed
to secondhand smoke are at an increased risk for sudden infant death syndrome (SIDS),
acute respiratory problems, ear infections, and asthma attacks, and that smoking by parents
causes respiratory symptoms and slows lung growth in their children; (3) exposure of adults
to secondhand smoke has immediate adverse effects on the cardiovascular system and
causes coronary heart disease and lung cancer; (4) there is no risk-free level of exposure
to secondhand smoke; (5) establishing smokefree workplaces is the only effective way to
ensure that secondhand smoke exposure does not occur in the workplace, because
ventilation and other air cleaning technologies cannot completely control for exposure of
nonsmokers to secondhand smoke; and (6) evidence from peer-reviewed studies shows that
Attachment number 1 \nPage 1 of 21
Item # 12
Page 2 of 21
Version 5-8-2018
smokefree policies and laws do not have an adverse economic impact on the hospitality
industry; and
Whereas, according to the 2010 U.S. Surgeon General's Report, How Tobacco Smoke
Causes Disease, even occasional exposure to secondhand smoke is harmful and low levels
of exposure to secondhand tobacco smoke lead to a rapid and sharp increase in dysfunction
and inflammation of the lining of the blood vessels, which are implicated in heart attacks
and stroke; and
Whereas, numerous studies have found that tobacco smoke is a major contributor to indoor
air pollution, and that breathing secondhand smoke (also known as environmental tobacco
smoke) is a cause of disease in healthy nonsmokers, including heart disease, stroke,
respiratory disease, and lung cancer. The National Cancer Institute determined in 1999 that
secondhand smoke is responsible for the early deaths of approximately 53,000 Americans
annually; and
Whereas, The Public Health Service’s National Toxicology Program (NTP) has listed
secondhand smoke as a known carcinogen; and
Whereas, there is indisputable evidence that implementing 100% smoke-free environments
is the only effective way to protect the population from the harmful effects of exposure to
secondhand smoke; and
Whereas, in reviewing 11 studies concluding that communities see an immediate reduction
in heart attack admissions after the implementation of comprehensive smokefree laws, the
Institute of Medicine of the National Academies concluded that data consistently
demonstrate that secondhand smoke exposure increases the risk of coronary heart disease
and heart attacks and that smokefree laws reduce heart attacks, and
Whereas, a significant amount of secondhand smoke exposure occurs in the workplace.
Employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack
and higher rates of death from cardiovascular disease and cancer, as well as increased acute
respiratory disease and measurable decrease in lung function; and
Whereas, secondhand smoke is particularly hazardous to elderly people, individuals with
cardiovascular disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease. The Americans With Disabilities
Act, which requires that disabled persons have access to public places and workplaces,
deems impaired respiratory function to be a disability; and
Attachment number 1 \nPage 2 of 21
Item # 12
Page 3 of 21
Version 5-8-2018
Whereas, the U.S. Centers for Disease Control and Prevention has determined that the risk
of acute myocardial infarction and coronary heart disease associated with exposure to
tobacco smoke is non-linear at low doses, increasing rapidly with relatively small doses
such as those received from secondhand smoke or actively smoking one or two cigarettes
a day, and has warned that all patients at increased risk of coronary heart disease or with
known coronary artery disease should avoid all indoor environments that permit smoking;
and
Whereas, unregulated high-tech smoking devices, commonly referred to as electronic
cigarettes, or “e- cigarettes,” closely resemble and purposefully mimic the act of smoking
by having users inhale vaporized liquid nicotine created by heat through an electronic
ignition system. After testing a number of electronic cigarettes from two leading
manufacturers, the Food and Drug Administration (FDA) determined that various samples
tested contained not only nicotine but also detectable levels of known carcinogens and
toxic chemicals, including tobacco-specific nitrosamines and diethylene glycol, a toxic
chemical used in antifreeze. The FDA’s testing also suggested that “quality control
processes used to manufacture these products are inconsistent or non-existent.” According
to a more recent study, electronic cigarette emissions are made up of a high concentration
of ultrafine particles, and the particle concentration is higher than in conventional tobacco
cigarette smoke. Electronic cigarettes produce an aerosol or vapor of undetermined and
potentially harmful substances, which may appear similar to the smoke emitted by
traditional tobacco products. Their use in workplaces and public places where smoking
of traditional tobacco products is prohibited creates concern and confusion and leads to
difficulties in enforcing the smoking prohibitions. The World Health Organization (WHO)
recommends that electronic smoking devices not be used indoors, especially in smokefree
environments, in order to minimize the risk to bystanders of breathing in the aerosol
emitted by the devices and to avoid undermining the enforcement of smokefree laws; and
Whereas, the Society of Actuaries has determined that secondhand smoke costs the U.S.
economy roughly $10 billion a year: $5 billion in estimated medical costs associated with
secondhand smoke exposure and $4.6 billion in lost productivity, and
Whereas, numerous economic analyses examining restaurant and hotel receipts and
controlling for economic variables have shown either no difference or a positive economic
impact after enactment of laws requiring workplaces to be smokefree. Creation of
smokefree workplaces is sound economic policy and provides the maximum level of
employee health and safety; and
Attachment number 1 \nPage 3 of 21
Item # 12
Page 4 of 21
Version 5-8-2018
Whereas, there is no legal or constitutional “right to smoke.” Business owners have no
legal or constitutional right to expose their employees and customers to the toxic chemicals
in secondhand smoke. On the contrary, employers have a common law duty to provide
their workers with a workplace that is not unreasonably dangerous, and
Whereas, smoking is a potential cause of fires; cigarette and cigar burns and ash stains on
merchandise and fixtures causes economic damage to businesses; and
Whereas, the smoking of tobacco, hookahs, or marijuana and the use of electronic
cigarettes are forms of air pollution and constitute both a danger to health and a material
public nuisance; and
Accordingly, the Augusta, Georgia consolidated government finds and declares that the
purposes of this ordinance are (1) to protect the public health and welfare by prohibiting
smoking in certain public places and places of employment; and (2) to guarantee the right
of nonsmokers to breathe smokefree air, and to recognize that the need to breathe
smokefree air shall have priority over the desire to smoke.
THE AUGUSTA, GEORGIA COMMISSION ordains as follows:
SECTION 1. AUGUSTA, GA CODE, Title 4, Section 4-2-1 as set forth in the AUGUSTA,
GA CODE, re-adopted July 10, 2007, is hereby amended by striking this section in its
entirety as set forth in “Exhibit A” hereto. Section 4-2-1 shall be reserved.
SECTION 2. AUGUSTA, GA CODE, Title 4, is hereby amended to add new article to be
designated Article 7 and new sections to be designated Sections 4-2-77 through 4-2-97 as
set forth in “Exhibit B” hereto.
SECTION 3. This ordinance shall be effective thirty (30) days from and after the date of
its adoption in accordance with applicable laws.
SECTION 4. All ordinances, parts of ordinances, policies, and procedures concerning
events held on public property in conflict herewith are hereby repealed.
Adopted this _____ day of__________, 2018.
___________________________
Hardie Davis, Jr.
Attachment number 1 \nPage 4 of 21
Item # 12
Page 5 of 21
Version 5-8-2018
As its Mayor
Attest:
______________________________
Lena J. Bonner, Clerk of Commission
Seal:
Attachment number 1 \nPage 5 of 21
Item # 12
Page 6 of 21
Version 5-8-2018
CERTIFICATION
The undersigned Clerk of Commission, Lena J. Bonner, hereby certifies that the
foregoing Ordinance was duly adopted by the Augusta, Georgia Commission
on_________________, 2018 and that such Ordinance has not been modified or rescinded
as of the date hereof and the undersigned further certifies that attached hereto is a true copy
of the Ordinance which was approved and adopted in the foregoing meeting(s).
______________________________
Lena J. Bonner, Clerk of Commission
Published in the Augusta Chronicle.
Date: ______________________
First Reading ______________________
Second Reading ______________________
Attachment number 1 \nPage 6 of 21
Item # 12
Page 7 of 21
Version 5-8-2018
Exhibit A
STRIKE:
Sec. 4-2-1. Smoking prohibited in Augusta-Richmond County buildings.
(a) Definitions. For purposes of this section, the following definitions shall apply:
(1) Public building. Any enclosed building, structure or indoor facility owned,
operated, leased or managed by Augusta-Richmond County which is used by
or open to the public, including without limitation, public transportation,
enclosed areas occupied by Augusta-Richmond County staff, open office
areas, shared offices, private offices, hallways, restrooms, escalators,
elevators, stairways, lobbies, reception and waiting rooms, classrooms,
meeting or conference rooms and auditoriums, on-site cafeterias, lunchrooms,
lounges and any facility, school or educational institution being used by
Augusta-Richmond County for the purpose of providing classroom
instruction.
(2) Smoking. Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe, weed, plant or other combustible substance in any manner or
in any form.
(b) No person shall smoke in any public building as defined in this section.
(c) Nothing in this section shall be deemed, interpreted, or construed to permit
smoking in any public place or area where smoking is prohibited or restricted by
other applicable law.
(d) No Smoking signs with letters of not less than one (1) inch in height shall be
conspicuously posted in every building, structure or facility where smoking is
prohibited by this section by the operator, manager or other person having control
of such building, structure, facility or other place.
(e) If any provision of this section or the application thereof to any person or
circumstances are held to be invalid, such invalidity shall not affect other provisions
Attachment number 1 \nPage 7 of 21
Item # 12
Page 8 of 21
Version 5-8-2018
or applications of this section which can be given effect without the invalid
provisions or application, and to this end, the provisions of this ordinance are
severable.
(f) Any person or persons failing to comply with the lawful provisions hereof or
doing any act prohibited hereby or failing to do any act mandated hereby shall be
guilty of an offense, and upon trial as a misdemeanor and conviction shall be subject
to the penalties provided by section 1-6-1.
REPLACE WITH:
Sec. 4-2-1. Reserved.
Attachment number 1 \nPage 8 of 21
Item # 12
Page 9 of 21
Version 5-8-2018
Exhibit B
ADD NEW:
ARTICLE 7. Smoking prohibitions in public places
and places of employment.
Sec. 4-2-77. Purpose of Smoking Ordinance.
The purposes of this ordinance are (1) to protect the public health and welfare by
prohibiting smoking and e-cigarettes in enclosed public places and enclosed places
of employment; and (2) to support the right of nonsmokers to breathe smokefree air,
and to recognize that the need to breathe smokefree air shall have priority over the
desire to smoke in enclosed public places.
Sec. 4-2-78. Definitions.
The following words and phrases, whenever used in this Article, shall be construed
as defined in this Section:
A. “Bar” means an establishment that is devoted to the serving of alcoholic
beverages for consumption by guests on the premises and in which the serving
of food is only incidental to the consumption of those beverages, including
but not limited to, taverns, nightclubs, cocktail lounges, and cabarets.
B. “Business” means a sole proprietorship, partnership, joint venture,
corporation, or other business entity, either for-profit or not-for-profit,
including retail establishments where goods or services are sold; professional
corporations and other entities where legal, medical, dental, engineering,
architectural, or other professional services are delivered; and private clubs.
C. “E-cigarette” means any electronic oral device, such as one composed of a
heating element, battery, and/or electronic circuit, which provides a vapor of
nicotine or any other legal substances, and the use or inhalation of which
simulates smoking. The term shall include any such device, whether
Attachment number 1 \nPage 9 of 21
Item # 12
Page 10 of 21
Version 5-8-2018
manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe,
e-hookah, vape pen, or under any other product name or description.
D. “Employee” means a person who is employed by an employer in
consideration for direct or indirect monetary wages or profit, and a person
who volunteers his or her services for a non-profit entity.
E. “Employer” means a person, business, partnership, association, corporation,
including a municipal corporation, trust, or non-profit entity that employs the
services of one or more individual persons.
F. “Enclosed Area” Enclosed area means all space between a floor and ceiling
that is bounded on all sides by walls, doorways or windows, whether open or
closed. A wall includes any retractable divider, garage door, or other physical
barrier, whether temporary or permanent.
G. “Health Care Facility” means an office or institution providing care or
treatment of diseases, whether physical, mental, or emotional, or other
medical, physiological, or psychological conditions, including but not limited
to, hospitals, rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, long-term care facilities, homes for the aging or
chronically ill, laboratories, and offices of surgeons, chiropractors, physical
therapists, physicians, psychiatrists, dentists, and all specialists within these
professions. This definition shall include all waiting rooms, hallways, private
rooms, semiprivate rooms, and wards within health care facilities.
H. “Hookah” means a water pipe and any associated products and devices, which
are used to produce fumes, smoke, and/or vapor from the burning of material
including, but not limited to, tobacco, shisha, or other plant matter.
I. “Hookah Bar” or “Hookah Lounge” means an establishment that derives more
than eighty (80) percent of its quarterly gross revenue from the sale of shisha
for consumption on the premised by customers and the sale of accessories
used for smoking shisha. A hookah lounge does not allow individuals under
the age of eighteen (18) to enter the premises, and does not have a permit or
Attachment number 1 \nPage 10 of 21
Item # 12
Page 11 of 21
Version 5-8-2018
license to sell alcoholic beverages, but may serve food and nonalcoholic
beverages for consumption on the premises by customers.
J. “Place of Employment” means an area under the control of a public or private
employer, including, but not limited to, work areas, private offices, employee
lounges, restrooms, conference rooms, meeting rooms, classrooms, employee
cafeterias, hallways, construction sites, temporary offices, and vehicles. A
private residence is not a “place of employment” unless it is used as a child
care, adult day care, or health care facility.
K. “Playground” means any park or recreational area designed in part to be used
by children that has play or sports equipment installed or that has been
designated or landscaped for play or sports activities, or any similar facility
located on public or private school grounds or on Augusta, Georgia owned
grounds.
L. “Private Club” means an organization, whether incorporated or not, which is
the owner, lessee, or occupant of a building or portion thereof used exclusively
for club purposes at all times, which is operated solely for a recreational,
fraternal, social, patriotic, political, benevolent, or athletic purpose, but not
for pecuniary gain, and which only sells alcoholic beverages incidental to its
operation. The affairs and management of the organization are conducted by
a board of directors, executive committee, or similar body chosen by the
members at an annual meeting. The organization has established bylaws
and/or a constitution to govern its activities. The organization has been
granted an exemption from the payment of federal income tax as a club under
26 U.S.C. Section 501.
M. “Public Event” means an event which is open to and may be attended by the
general public, including but not limited to, such events as concerts, fairs,
farmers’ markets, festivals, parades, performances, and other exhibitions,
regardless of any fee or age requirement.
N. “Public building” Any enclosed building, structure or indoor facility owned,
operated, leased or managed by Augusta, Georgia which is used by or open to
the public, including without limitation, public transportation, enclosed areas
Attachment number 1 \nPage 11 of 21
Item # 12
Page 12 of 21
Version 5-8-2018
occupied by Augusta, Georgia staff, open office areas, shared offices, private
offices, hallways, restrooms, escalators, elevators, stairways, lobbies,
reception and waiting rooms, classrooms, meeting or conference rooms and
auditoriums, on-site cafeterias, lunchrooms and lounges.
O. “Public Place” means an area to which the public is invited or in which the
public is permitted, including but not limited to, all public buildings, banks,
bars, educational facilities, gaming facilities, health care facilities, hotels and
motels, laundromats, public transportation vehicles and facilities, reception
areas, restaurants, retail food production and marketing establishments, retail
service establishments, retail stores, shopping malls, sports arenas, theaters,
and waiting rooms. A private residence is not a “public place” unless it is used
as a child care, adult day care, or health care facility.
P. “Recreational Area” means any public or private area open to the public for
recreational purposes, whether or not any fee for admission is charged,
including but not limited to, amusement parks, athletic fields, beaches,
fairgrounds, gardens, golf courses open to the public, parks, plazas, skate
parks, swimming pools, trails, and zoos.
Q. “Restaurant” means an eating establishment, including but not limited to,
coffee shops, cafeterias, sandwich stands, and private and public school
cafeterias, which gives or offers for sale food to the public, guests, or
employees, as well as kitchens and catering facilities in which food is prepared
on the premises for serving elsewhere. The term “restaurant” shall include a
bar area within the restaurant.
R. “Service Line” means an indoor or outdoor line in which one (1) or more
persons are waiting for or receiving service of any kind, whether or not the
service involves the exchange of money, including but not limited to, ATM
lines, concert lines, food vendor lines, movie ticket lines, and sporting event
lines.
S. “Shopping Mall” means an enclosed public walkway or hall area that serves
to connect retail or professional establishments.
Attachment number 1 \nPage 12 of 21
Item # 12
Page 13 of 21
Version 5-8-2018
T. “Smoking” means inhaling, exhaling, burning, or carrying any lighted or
heated cigar, cigarette, or pipe, or any other lighted or heated tobacco or plant
product intended for inhalation, including hookahs and marijuana, whether
natural or synthetic, in any manner or in any form. “Smoking” also includes
the use of an e-cigarette which creates an aerosol or vapor, in any manner or
in any form, or the use of any oral smoking device for the purpose of
circumventing the prohibition of smoking in this Article.
U. “Sports Arena” means a place where people assemble to engage in physical
exercise, participate in athletic competition, or witness sports or other events,
including sports pavilions, stadiums, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, and bowling alleys.
V. “Reasonable distance” means a minimum of ten (10) feet or a distance that is
sufficient to ensure indoor areas remain smoke-free by preventing smoke from
infiltrating enclosed public places via any entrance, exit, window, vent, or air
intake system of a building where smoking is prohibited, and to protect
persons entering or exiting enclosed areas from involuntarily inhaling second-
hand smoke.
Sec. 4-2-79. Application of Article to Augusta, Georgia Owned Public
Buildings, Facilities and Property.
All, enclosed areas, including buildings and vehicles owned, leased, or operated by
Augusta, Georgia, as well as all outdoor property adjacent to such buildings and
under the control of Augusta, Georgia, shall be subject to the provisions of this
Article.
Sec. 4-2-80. Prohibition of Smoking in Enclosed Public Buildings and Public
Places.
Attachment number 1 \nPage 13 of 21
Item # 12
Page 14 of 21
Version 5-8-2018
Except as otherwise provided, Smoking and e-cigarettes shall be prohibited in all
enclosed public places, and within ten (10) feet of such places, within Augusta,
Georgia including but not limited to, the following places:
A. Aquariums, galleries, libraries, and museums.
B. Areas available to the general public in businesses and non-profit entities
patronized by the public, including but not limited to, banks, laundromats,
professional offices, and retail service establishments.
C. Bars.
D. Bingo facilities.
E. Child care and adult day care facilities.
F. Convention facilities.
G. Educational facilities, both public and private.
H. Elevators.
I. Gaming facilities.
J. Health care facilities.
K. Hotels and motels.
L. Lobbies, hallways, and other common areas in apartment buildings,
condominiums, trailer parks, retirement facilities, nursing homes, and other
multiple-unit residential facilities.
M. Parking structures, both enclosed and semi-enclosed.
Attachment number 1 \nPage 14 of 21
Item # 12
Page 15 of 21
Version 5-8-2018
N. Polling places.
O. Public transportation vehicles, including buses and taxicabs, owned by or
under the authority of Augusta, Georgia, and ticket, boarding, and waiting
areas of public transportation facilities, including bus, train, and airport
facilities.
P. Restaurants.
Q. Restrooms, lobbies, reception areas, hallways, and other common-use areas.
R. Retail stores.
S. Rooms, chambers, places of meeting or public assembly, under the control of
an agency, board, commission, committee or council of Augusta, Georgia, to
the extent the place is subject to the jurisdiction of Augusta, Georgia.
T. Service lines.
U. Shopping malls.
V. Sports arenas, including enclosed places in outdoor arenas.
W. Theaters and other facilities primarily used for exhibiting motion pictures,
stage dramas, lectures, musical recitals, or other similar performances.
Sec. 4-2-81. Prohibition of Smoking in Enclosed Places of Employment.
A. Except as otherwise provided in Sec. 4-2-84, smoking and e-cigarettes shall
be prohibited in all enclosed areas of places of employment and within ten
(10) feet of such places. This includes, without limitation, common work
areas, auditoriums, classrooms, conference and meeting rooms, private
offices, elevators, hallways, medical facilities, cafeterias, employee lounges,
stairs, restrooms, vehicles, and all other enclosed facilities.
Attachment number 1 \nPage 15 of 21
Item # 12
Page 16 of 21
Version 5-8-2018
B. This prohibition on smoking shall be communicated to all existing employees
by the effective date of this Article and to all prospective employees upon
their application for employment.
Sec. 4-2-82. Prohibition of Smoking in Enclosed Residential Facilities.
Smoking shall be prohibited in the following enclosed residential facilities and
within ten (10) feet of such places:
A. All private and semi-private rooms in nursing homes.
B. At least 80 percent of hotel and motel rooms that are rented to guests.
Sec. 4-2-83. No Prohibition of Smoking in Outdoor Public Places.
Smoking and e-cigarettes shall not be prohibited in outdoor places, except within a
reasonable distance of not less than 10 feet outside entrances, operable windows,
and ventilation systems of enclosed areas where smoking and e-cigarettes are
prohibited, so as to prevent tobacco smoke or vapor from entering those areas.
Sec. 4-2-84. Where Smoking Not Regulated.
A. Notwithstanding any other provision of this Article to the contrary, smoking
and e-cigarettes shall not be prohibited in private residences, unless used as a
childcare, adult day care, or health care facility.
B. Except as otherwise provided in this article, smoking and e-cigarettes shall
not be prohibited in private vehicles.
C. Areas within the geographical confines of Augusta, Georgia wherein the
Board of Commissioners of Augusta, Georgia does not have jurisdiction,
Attachment number 1 \nPage 16 of 21
Item # 12
Page 17 of 21
Version 5-8-2018
including property belonging to the City of Hephzibah, the City of Blythe, the
State of Georgia and the federal government.
D. Hookah Bars and Lounges in existence as of the date of adoption of this
section and which permit waterpipe smoking on the premises as of the date of
the adoption of this section.
E. Retail Electronic Smoking device stores in existence as of the date of the
adoption of this section and which permit electronic device usage as of the
date of the adoption of this section.
Sec. 4-2-85. Declaration of Establishment or Outdoor Area as Nonsmoking.
Notwithstanding any other provision of this Article, an owner, operator, manager, or
other person in control of an establishment, facility, or outdoor area may declare that
entire establishment, facility, or outdoor area as a nonsmoking place. Smoking and
e-cigarettes shall be prohibited in any place in which a sign conforming to the
requirements of Section 4-2-86(A) is posted.
Sec. 4-2-86. Posting of Signs and Removal of Ashtrays.
The owner, operator, manager, or other person in control of a public place or place
of employment where smoking and e-cigarettes are prohibited by this Article should:
A. Clearly and conspicuously post “No Smoking” signs or the international “No
Smoking” symbol (consisting of a pictorial representation of a burning
cigarette enclosed in a red circle with a red bar across it) in that place.
B. Clearly and conspicuously post at every entrance to that place a sign stating
that smoking is prohibited.
Attachment number 1 \nPage 17 of 21
Item # 12
Page 18 of 21
Version 5-8-2018
C. Clearly and conspicuously post on every vehicle that constitutes a place of
employment under this Article at least one sign, visible from the exterior of
the vehicle, stating that smoking is prohibited.
D. Remove all ashtrays from any area where smoking is prohibited by this
Article, except for ashtrays displayed for sale and not for use on the premises.
Sec. 4-2-87. Nonretaliation; Nonwaiver of Rights.
A. No person or employer shall discharge, refuse to hire, or in any manner
retaliate against an employee, applicant for employment, customer, or resident
of a multiple-unit residential facility because that employee, applicant,
customer, or resident exercises any rights afforded by this Article or reports
or attempts to prosecute a violation of this Article. Notwithstanding Section
4-2-91, violation of this Subsection shall be a misdemeanor, and upon
conviction shall be subject to the penalties provided by section 1-6-1 for each
violation.
B. An employee who works in a setting where an employer allows smoking and
e-cigarettes does not waive or otherwise surrender any legal rights the
employee may have against the employer or any other party.
Sec. 4-2-88. Enforcement.
A. This Article shall be enforced by the Augusta, Georgia Planning and
Development Department Director or an authorized designee or any law
enforcement officer of the Office of the Sheriff.
B. Notice of the provisions of this Article shall be given to all applicants for a
business license in Augusta, Georgia.
C. Any citizen who desires to register a complaint under this Article may initiate
enforcement with the Augusta, Georgia Planning and Development
Department or any law enforcement officer of the Office of the Sheriff.
Attachment number 1 \nPage 18 of 21
Item # 12
Page 19 of 21
Version 5-8-2018
D. The Health Department, Fire Department, or their designees shall, while an
establishment is undergoing otherwise mandated inspections, inspect for
compliance with this Article.
E. An owner, manager, operator, or employee of an area regulated by this Article
shall direct a person who is smoking in violation of this Article to extinguish
the product being smoked. If the person does not stop smoking, the owner,
manager, operator, or employee shall refuse service and shall immediately ask
the person to leave the premises. If the person in violation refuses to leave
the premises, the owner, manager, operator, or employee shall contact a law
enforcement agency. The obligations of an owner, manager, operator, or
employee under this sub-section shall only apply where the owner, manager,
operator, or employee has knowledge of a smoking violation.
F. Notwithstanding any other provision of this Article, an employee or private
citizen may bring legal action to enforce this Article.
G. In addition to the remedies provided by the provisions of this Section, the
Department of Health, the Augusta, Georgia Administrator, the Planning and
Development Department Director or any person aggrieved by the failure of
the owner, operator, manager, or other person in control of a public place or a
place of employment to comply with the provisions of this Article may apply
for injunctive relief to enforce those provisions in any court of competent
jurisdiction.
Sec. 4-2-89. Violations and Penalties.
A. A person who smokes or uses an e-cigarette in an area where smoking and e-
cigarettes are prohibited by the provisions of this Article shall be guilty of an
infraction, punishable by a fine not exceeding fifty dollars ($50).
B. Except as otherwise provided in Section 4-2-89(A), a person who owns,
manages, operates, or otherwise controls a public place or place of
employment and who fails to comply with the provisions of this Article shall
be guilty of an infraction, punishable by:
Attachment number 1 \nPage 19 of 21
Item # 12
Page 20 of 21
Version 5-8-2018
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation
within one (1) year.
3. A fine not exceeding five hundred dollars ($500) for each additional
violation within one (1) year.
C. In addition to the fines established by this Section, violation of this Article by
a person who owns, manages, operates, or otherwise controls a public place
or place of employment may result in the suspension or revocation of any
permit or license issued to the person for the premises on which the violation
occurred.
D. Violation of this Article is hereby declared to be a public nuisance, which may
be abated by the Planning and Development Department Director by
restraining order, preliminary and permanent injunction, or other means
provided for by law, and Augusta, Georgia may take action to recover the
costs of the nuisance abatement, including attorney’s fees.
E. Each day on which a violation of this Article occurs shall be considered a
separate and distinct violation.
Sec. 4-2-90. Public Education.
Department of Health shall engage in a continuing program to explain and clarify
the purposes and requirements of this Article to citizens affected by it, and to guide
owners, operators, and managers in their compliance with it. The program may
include publication of a brochure for affected businesses and individuals explaining
the provisions of this ordinance.
Sec. 4-2-91. Governmental Agency Cooperation.
Attachment number 1 \nPage 20 of 21
Item # 12
Page 21 of 21
Version 5-8-2018
The Augusta, Georgia Planning and Development Department Director shall
annually request other governmental and educational agencies having facilities
within Augusta, Georgia to establish local operating procedures in cooperation and
compliance with this Article. This includes urging all Federal, State, Augusta,
Georgia, and School District agencies to update their existing smoking control
regulations to be consistent with the current health findings regarding secondhand
smoke.
Sec. 4-2-92. Other Applicable Laws.
This Article shall not be interpreted or construed to permit smoking or the use of e-
cigarettes where it is otherwise restricted by other applicable laws.
Sec. 4-2-93. Liberal Construction.
This Article shall be liberally construed so as to further its purposes.
Sec. 4-2-94. Severability.
If any provision, clause, sentence, or paragraph of this Article or the application
thereof to any person or circumstances shall be held invalid, that invalidity shall not
affect the other provisions of this Article which can be given effect without the
invalid provision or application, and to this end the provisions of this Article are
declared to be severable.
Attachment number 1 \nPage 21 of 21
Item # 12
Public Service Committee Meeting
5/29/2018 1:00 PM
Senior Nutrition Funding
Department:Recreation and Parks
Presenter:H. Glenn Parker
Caption:Approve a request from the CSRA Regional Commission / Area
Agency on Aging for Augusta, Georgia to assist with the
funding of the Home Delivered Meal program for the remainder
of fiscal year 2018 (ending on June 30, 2018).
Background:Augusta, Georgia and the Area Agency on Aging have entered
into a cooperative agreement to provide Senior citizens of
Augusta, Georgia with nutrition services at 6 Senior Centers and
through delivering meals to their homes. The costs of both, the
Congregate Meals (CM) at the centers and the Home Delivered
Meals (HDM) are covered by the Recreation and Parks
Department and then reimbursed by the Area Agency on Aging.
For Congregate Meals, Augusta has agreed to a 10 percent grant
match. For Fiscal Year 2018, the Area Agency on Aging has
allocated $426,664 of grants for both CM and HDM. For HDM,
$239,164.00 were budgeted through six federal grants. As of
March 2018, the grant funds for the HDM program have been
exhausted. To cover the expenses for the HDM program and to
continue providing nutrition services through the HDM program,
the Area Agency on Aging is asking Augusta, Georgia to
provide approximately $70,000.00 through the remainder of the
fiscal year.
Analysis:The Recreation and Parks Department currently delivers a
monthly average of 4,436 meals to 250 Senior residents of
Augusta, Georgia who qualify for the nutrition program. While
during the first three quarters of 2017 the delivered meals
averaged 3,593 meals per month, the fourth quarter of 2017
showed a 16 percent increase to 4,166 meals per month and an
additional 34 percent increase to 5,583 meals per month in the
first quarter of 2018 - with a peak of 6,111 meals in January
2018. This increase occurred because the Area Agency on Aging
had accumulated a waiting list of participants in need of
nutrition services and entered those participants from the waiting
Cover Memo
Item # 13
list into the program during the fourth quarter of 2017 and the
first quarter of 2018. When the Area Agency on Aging entered
into contract with Bateman / Compass USA, they also agreed to
pay a surcharge for the delivery of meals to Senior citizens. In
2017, this voluntary surcharge ($1.30 per delivered meal) was
credited to the three Senior Centers providing HDM services and
helped cover the center costs for a total of $60,540.27. Both, the
increase in delivered meals and the delivery surcharge, were the
major contributors to the budgeted funds being exhausted. In
previous years, the Area Agency on Aging was able to
compensate overspending in one county with forfeit allocations
from the other 12 counties. Unfortunately, during the current
fiscal year all other counties have been collectively
overspending. Both agencies have implemented internal controls
to prevent a reoccurrence in the future.
Financial Impact:The Recreation and Parks Department estimates the costs for the
Home Delivered Meals to be $70,000.00 for the remainder of the
fiscal year. Should those funds not be needed as a whole (due to
cost saving measures such as enrolment blocks and monitoring
of food waste), the remainder of the funds would be returned to
the General Fund.
Alternatives:1. To approve $70,000.00 in additional funds to cover the costs
for the HDM meals through the remainder of the Fiscal Year
2018. 2. To deny the additional funds. Denying the funds will
result in the termination of the Home Delivered Meals Program.
Recommendation:The Recreation and Parks Department recommends the approval
of the funding request.
Funds are
Available in the
Following
Accounts:
General Fund Contingency
REVIEWED AND APPROVED BY:
Finance.
Law.
Administrator.
Clerk of Commission
Cover Memo
Item # 13
Attachment number 1 \nPage 1 of 11
Item # 13
Attachment number 1 \nPage 2 of 11
Item # 13
Attachment number 1 \nPage 3 of 11
Item # 13
Attachment number 1 \nPage 4 of 11
Item # 13
Attachment number 1 \nPage 5 of 11
Item # 13
Attachment number 1 \nPage 6 of 11
Item # 13
Attachment number 1 \nPage 7 of 11
Item # 13
Attachment number 1 \nPage 8 of 11
Item # 13
Attachment number 1 \nPage 9 of 11
Item # 13
Attachment number 1 \nPage 10 of 11
Item # 13
Attachment number 1 \nPage 11 of 11
Item # 13
Attachment I: Senior Nutrition Grant Account Analysis January 2017 - December 2017
Congregate Meals:
Between January 2017 and December 2017 46,778 meals were served. 2,243 meals were wasted which equals an
expense of $9,577.61. The meal waste average is within normal parameters. Meal waste occurs when a participant signs
up to receive a meal but then is not able to participate. At Sand Hills Senior Center, the meal waste is above the average
(14.4 percent in January 2018). The higher number in meal waste is due to approximately 35 percent of the participants
habitually signing up for meals but then not receiving them. This will be addressed through training and/or corrective
action. The meal waste resulted in a loss of $26,933.04.
Home Delivered Meals:
Across the different grant funding sources, 46,839 meals were delivered in 2017. 353 meals were wasted because
participants were not at home during delivery. This is an average of 2 meals per week per center and is within normal
parameters. The Home Delivered Meals program resulted in revenue of $60,540.27. This revenue has been credited to
the Org. keys of Sand Hills, Henry Brigham and Blythe, to help cover the expenses of the program.
220054322- Senior Nutrition Grant Account Anaylsis
# of meals Price Sum Cost
2017 CI meal 44,856 4.45 199,609.20
Dec. 2016 submit in 2017 820 4.27 3,501.40
Reimb. report to CSRA 45,676 4.45/4.27 203,110.60
Donation 1,799.52
5% State Fund received 10,068.00
85% Federal Fund received 171,000.00
Private paid meal 1922 4.45 8,550.30
47,598 4.45/4.27 191,417.82
Bateman charges
(Meal served)46,778 4.45 208,162.10
(Meal Served in 2016) 820 4.27 -
Surcharge 611.15
(Meal waste)2,243 4.27 9,577.61
49,841 4.45/4.27 218,350.86
Diff.(26,933.04)
# of meals Price Sum Cost
Home delivery meal 16,773 5.75 96,444.75
100% Federal reimb. received 16,773 5.75 96,446.00
Bateman charges 16,773 4.45 74,639.85
Diff. 21,806.15
# of meals Price Sum Cost
Home delivery meal 30,847 5.75 177,370.25
100% State reimb. received 30,847 5.75 177,370.00
Bateman charges
30,066 4.45 133,793.70
781 4.27 3,334.87
(Meal waste)353 4.27 1,507.31
30,847 4.45/4.27 138,635.88
Diff. 38,734.12
Revenue 465,233.82
Expenditure 431,626.59
Overpayment/Onesolution 33,607.23
01/01/2017~12/31/2017
Congregate Meal -Federal
Title III grant (Federal pass through CSRA)
NSI - State Fund
4.45/4.27 45,676
NSI & NSI SSBG (Federal Fund pass through CSRA)
Home Delivery- Federal
Home Delivery -State
Attachment number 2 \nPage 1 of 3
Item # 13
II: Home Delivered Meals by Quarter
The graph shows the quarterly average of delivered meals between January 2017 and March 2018. While during the first
three quarters the average was around 10,780 meals per quarter, we saw a 16 percent increase in the last quarter of
2017 (12,497 meals) and an additional 34 percent increase in the first quarter of 2018.
10,092
11,376
10,872
12,497
16,748
0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000
First Quarter 2017
Second Quarter 2017
Third Quarter 2017
Fourth Quarter 2017
First Quarter 2018
Home Delivered Meals by Quarter
Attachment number 2 \nPage 2 of 3
Item # 13
III: Detail overview of the 2017 Senior Nutrition Services
First Quarter
2017
Second Quarter
2017
Third Quarter
2017
Fourth Quarter
2017
Budget Year
2017
I Congregate
Meals
Delivered 10,734 12,018 11,511 12,845 47,108
Served 10,092 11,376 10,872 12,497 44,837
Reimbursed 6,485 15,006 10,872 12,497 44,860
Not Reimbursed 3,607 -3,630 0 0 -23
Total Loss 4,249 -2,988 639 348 2,248
II Home
Delivered Meals
Delivered 9,936 10,611 11,848 15,557 47,952
Served 9,883 10,588 11,672 15,496 47,639
Reimbursed 6,609 13,822 11,672 15,496 47,599
Not Reimbursed 3,274 -3,234 0 0 40
Total Loss 3,327 -3,211 176 61 353
III Private Pay
Meals
Delivered 580 577 397 457 2,011
Served 598 501 445 377 1,921
Reimbursed 598 501 445 377 1,921
Total Loss -18 76 -48 80 90
IV Total Meals
Delivered 21,250 23,206 23,756 28,859 97,071
Served 20,573 22,465 22,989 28,370 94,397
Reimbursed 13,692 29,329 22,989 28,370 94,380
Not Reimbursed 6,881 -6,864 0 0 17
Total Loss 7,558 -6,123 767 489 2,691
Senior Nutrition Meals Budget Year 2017 - Summary
Attachment number 2 \nPage 3 of 3
Item # 13
Public Service Committee Meeting
5/29/2018 1:00 PM
Upcoming Recreation Dept. Events
Department:
Presenter:Commissioner Marion Williams
Caption:Report from Recreation Department on upcoming department's
sponsored major events at the Augusta Common. (Requested by
Commissioner Marion Williams)
Background:
Analysis:
Financial Impact:
Alternatives:
Recommendation:
Funds are
Available in the
Following
Accounts:
REVIEWED AND APPROVED BY:
Cover Memo
Item # 14