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James Burgess for Ashburn City Council

Know Your Code

The Basics

What the city code is, where Ashburn gets the power to pass it, and how it fits under Georgia law and federal law.

What the city code is

Ashburn's local laws are collected in one book, the Code of Ordinances. When the city council votes to pass an ordinance, it goes into the code. Ashburn's has 24 chapters, from general provisions to utilities, plus a zoning appendix, published online by Municode.

Above the code sits the city charter, a law passed by the Georgia General Assembly. It creates the city government: the mayor and council, their terms and powers, and the city court. Ashburn's current charter took effect July 1, 2001.

Three layers of law

Each layer has to fit inside the one above it. A city rule that conflicts with state or federal law doesn't hold.

  1. Top

    Federal law

    The U.S. Constitution and laws passed by Congress

    Example: Free speech limits what any city can say about signs.

  2. Middle

    Georgia law

    The Georgia Constitution and the Official Code of Georgia (O.C.G.A.)

    Example: Georgia's criminal and traffic laws apply in Ashburn whether or not the city code repeats them.

  3. Closest to home

    Ashburn's law

    The city charter and the Code of Ordinances

    Example: Leash rules, grass height, business licenses, zoning, water and gas service.

Where the city gets its power

The Georgia Constitution lets the General Assembly give cities the power to govern themselves. It did that in the Municipal Home Rule Act of 1965. Under it, a city can pass "clearly reasonable" ordinances about its own affairs, as long as state law hasn't already covered the subject and the ordinance doesn't conflict with the constitution or the city's charter.

When the state says "that's ours"

On some subjects, Georgia law preempts cities: the state makes the rules and cities can't add their own. A few that matter in Ashburn:

Guns

No city can regulate owning, carrying, selling or registering firearms. Only the state can.

O.C.G.A. § 16-11-173

Wages and benefits

A city can't set a higher minimum wage or require benefits from private employers.

O.C.G.A. § 34-4-3.1

Ride-share

Uber, Lyft and similar services are regulated by the state, not cities.

O.C.G.A. § 40-1-191

Building codes

Georgia's building, plumbing, electrical and fire codes apply everywhere in the state. The city enforces them.

O.C.G.A. § 8-2-25

Alcohol

The state sets the rules; the city decides who gets a license to sell, and can suspend or revoke it.

O.C.G.A. § 3-3-2

One that needs work: Ashburn's building code section still lists the 2006 editions. The state's current codes apply anyway, but the city's page should say so.

Federal law is on top

The U.S. Constitution and federal law outrank both Georgia and Ashburn. City rules have to respect constitutional rights. Signs are a common example: in 2015 the U.S. Supreme Court struck down a town's sign rules that treated signs differently based on what they said.

State law applies here too

Georgia's criminal code and traffic laws apply in Ashburn whether or not they're in the city code. Ashburn also adopts the state's Rules of the Road as city traffic law, so Ashburn police can write those tickets into city court. See Sec. 82-31.

If you break a city ordinance

It goes to Ashburn Municipal Court, the city's own court. State law caps what a city can impose at a $1,000 fine and six months in jail. Ashburn's code sets its limit at $1,000 and 180 days, and each day a violation goes on counts as a new one. See Sec. 1-12.

Where to go next

Where this came from
  1. Ashburn Code of Ordinances (Municode)
  2. Georgia Constitution, Art. IX, Sec. II, Para. II (city self-government) and Art. III, Sec. VI, Para. IV (uniform general laws)
  3. Municipal Home Rule Act, O.C.G.A. § 36-35-3
  4. Limits on city penalties, O.C.G.A. § 36-35-6
  5. U.S. Constitution, Art. VI, cl. 2 (Supremacy Clause)
  6. Reed v. Town of Gilbert, 576 U.S. 155 (2015)

This is a plain-English guide, not legal advice. The official code is on Municode and at City Hall. Our copy is from April 30, 2026.

Paid for by James Burgess