Behind state law (36)
Definitions
Chapter 6 Alcoholic Beverages
The alcohol-content cutoffs in the definitions are out of date with Georgia law. State law (O.C.G.A. § 3-1-2) defines malt beverages as up to 14% ABV and wine as up to 24% ABV. The city code still says 6% for beer and 21% for wine, with distilled spirits and fortified wine starting at 'more than 21 percent.' Under the city's definitions, many craft beers (over 6%) count as 'distilled spirits.' This section was amended in 2023 but these numbers weren't updated.
Why it matters: A store licensed for beer only could technically be selling 'distilled spirits' under the city's own definitions when it sells a common 7–9% craft beer.
The fix: Replace the definitions with a reference to the O.C.G.A. § 3-1-2 definitions 'as amended from time to time.'
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Codes adopted by reference
Chapter 18 Buildings And Building Regulations
The code-adoption list names the 2006 International Building, Residential, Mechanical, Fuel Gas, Plumbing, Energy and Fire Codes and the 2008 National Electrical Code. Georgia's mandatory minimum codes have been updated several times since; effective Jan. 1, 2026 the state moved to the 2024 IBC/IRC/IMC/IFGC/IPC and the 2023 NEC with Georgia amendments. The section's own opening ('the latest editions as adopted and amended' by DCA) contradicts the dated list.
Why it matters: Builders and homeowners reading the city code would see codes that are nearly 20 years old and not what inspectors actually apply.
The fix: Replace the edition list with a reference to the current Georgia State Minimum Standard Codes as adopted by DCA (no edition years), or update the list.
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Outdoor Water Use Ordinance (Article V)
Chapter 38 Environment
This article was adopted in 2004, before the Georgia Water Stewardship Act of 2010 and EPD's current drought rule (Ga. Comp. R. & Regs. 391-3-30). Current state rules allow daily outdoor plant watering between 4 p.m. and 10 a.m. outside of drought, and use three drought response levels (Level 2 goes to two days a week on an odd/even schedule, Level 3 bans most outdoor watering). The city's code instead has a three-day odd/even schedule with no hours in normal times and a four-level drought scheme with different hours.
Why it matters: Residents reading the city code get watering days and drought rules that don't match what the state now requires or allows.
The fix: Ask the city attorney to rewrite Article V to track O.C.G.A. 12-5-7 and EPD Rule 391-3-30 (or simply adopt the state rules by reference).
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Hours of operation
Chapter 6 Alcoholic Beverages
Sunday sales rules don't reflect the options Georgia law now gives cities. Under O.C.G.A. § 3-3-7 as amended by the 2018 'brunch bill' (SB 17), cities can allow Sunday on-premises sales (12:30 p.m., or 11:00 a.m. after a local referendum). The code text lets only package stores licensed for both beer and wine sell on Sunday. It has no provision for Sunday on-premises sales at restaurants, no Sunday rule for package liquor stores (newly possible after the 2022 Turner County package-liquor referendum), and Sunday brown bagging is banned (6-190(d)). Whether Ashburn voters ever approved Sunday on-premises sales or the 11 a.m. option is unknown from the code. Worth review by the city attorney.
Why it matters: Restaurants and residents may be working under Sunday rules that differ from what state law allows or what voters may have approved.
The fix: Have the city attorney confirm which Sunday-sales referenda Ashburn has passed, then rewrite 6-121 to set Sunday hours for on-premises, package beer/wine and package liquor sales.
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License required
Chapter 22 Businesses
The city charges a $500 license fee 'per each stand' for temporary consumer fireworks stands (and repeats a $500 'per location' fee in (1)b). Under Georgia's 2015 fireworks law (HB 110), the $500 per-stand fee is a state licensing fee, local governments may not ban or restrict sales beyond zoning, and local special use permit fees are capped at $100. The city's fee and added requirements (e.g., $2,000,000 insurance) may exceed what state law allows. It also misnames 'National Fire Protection Act Provision 1124' (it's NFPA 1124, a National Fire Protection Association standard).
Why it matters: A fee above the state cap could be challenged and refunded, and sellers may be confused about which license they need.
The fix: Worth review by the city attorney against O.C.G.A. § 25-10-1 et seq. as amended since 2015; likely reduce the city fee to the state-allowed permit amount and correct the NFPA reference.
In the plan: 6.6 Stronger Fire Protection for Every House
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Basis for area of special flood hazard
Chapter 46 Floods
The code adopts FEMA's flood insurance study 'dated August 3, 2009.' FEMA has issued new flood maps for Turner County and incorporated areas, including Ashburn, with an effective date of August 19, 2025. This export (dated April 30, 2026) shows no ordinance adopting the 2025 maps.
Why it matters: Residents use these maps to tell whether they need flood insurance and permits, and NFIP communities generally must formally adopt new maps by their effective date.
The fix: Confirm whether council adopted the August 19, 2025 FIRM/FIS by a separate ordinance. If so, have it codified; if not, have the city attorney and the state floodplain coordinator review it right away.
In the plan: 3.12 Ditches That Drain Before the Next Big Rain
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Authorized (school-zone speed cameras)
Chapter 82 Traffic And Vehicles
The city's camera ordinance (2019) authorizes enforcement on a flat 7:00 a.m.–4:00 p.m., Monday–Friday window. It doesn't limit enforcement to school days, and it doesn't mention the state's 10-mph-over threshold. Georgia's HB 651 (2026) rewrote O.C.G.A. 40-14-18. Reported changes include limiting enforcement to school days around instructional hours (about an hour before and after classes), new flashing-sign specifications, and revenue limits. Some coverage also describes a local referendum requirement starting July 1, 2027.
Why it matters: Residents could be ticketed under a city rule that no longer lines up with the state law the tickets depend on, for example on non-school weekdays or in summer.
The fix: Have the city attorney review Article VI against O.C.G.A. 40-14-18 as amended by HB 651 (2026), then update the hours, thresholds, signage and any referendum steps.
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Board of appeals
Appendix A Zoning
Board of Zoning Appeals procedures (variances, special exceptions, administrative appeals) are unchanged since 1996 and do not reflect Georgia's 2022 amendments to the Zoning Procedures Law (HB 1405, O.C.G.A. § 36-66-5.1, effective July 1, 2022), which set requirements for 'quasi-judicial' decisions such as variances and appeals, including notice, hearing, and how and when decisions are appealed to superior court. The ordinance never states the court appeal route or deadline and gives the board no time limit to decide.
Why it matters: Residents asking for a variance or appealing a decision may not get the process, notice, or appeal deadline state law now requires, which can put decisions at risk.
The fix: Have the city attorney review Sections 12 and 14 against O.C.G.A. § 36-66-5.1 and amend them to spell out quasi-judicial hearing, written-decision and superior-court appeal procedures.
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Specific rules for consumption on premises
Chapter 6 Alcoholic Beverages
The ban on removing any unfinished drink doesn't account for Georgia's 'wine to go' statute. O.C.G.A. § 3-6-4 lets a licensed restaurant allow a patron who bought a meal to take home one partially consumed, resealed bottle of wine in a tamper-evident bag with a dated receipt.
Why it matters: Restaurants following the city code may refuse something state law allows, or face a conflict between city and state rules.
The fix: Add an exception for resealed wine removed under O.C.G.A. § 3-6-4.
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Statement of the HPC's powers
Chapter 54 Historical Preservation
The HPC is told to pursue easements under the 'Facade and Conservation Easements Act of 1976 (O.C.G.A. 44-10-1 through 5).' That act was replaced by the Georgia Uniform Conservation Easement Act (1992). The chapter's own footnote already cites the newer act at O.C.G.A. § 44-10-1 et seq.
Why it matters: Citing a repealed act could cause problems for any easement the city tries to accept.
The fix: Cite the Georgia Uniform Conservation Easement Act, O.C.G.A. § 44-10-1 et seq.
Water conservation restrictions (plumbing fixtures)
Chapter 86 Utilities
The fixture standards still say "on or after January 1, 2003" and carry a self-contradictory exception ("shall not be applicable to one-piece toilets until January 1, 2003"). They allow 1.6 gallons per flush, 1 gpf urinals, 2.0 gpm bathroom faucets and 2.5 gpm kitchen faucets. Georgia's 2010 Water Stewardship Act set stricter standards for new construction: 1.28 gpf toilets, 0.5 gpf urinals, under 1.5 gpm bathroom faucets and under 2.0 gpm kitchen faucets. The article also nearly duplicates Chapter 18, Article IV (Sec. 18-101 et seq.). One version is enforced by "the office of the building inspector" and the other by "the office of the building inspectors" and "chief building inspector," a position that may not exist in a city Ashburn's size.
Why it matters: The code gives builders and homeowners weaker standards than state law now requires, in two different places.
The fix: Repeal Article V (or Chapter 18, Article IV) so only one version remains, and point to the current state plumbing code fixture standards instead of listing outdated numbers.
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Regular elections; time for holding
Charter
The Charter puts city elections in even-numbered years (2002 and every four years after for mayor plus two seats; 2004 and every four years after for three seats). Georgia's general election statute, O.C.G.A. § 21-2-9, sets municipal general elections in odd-numbered years, though it also contemplates municipal elections held with the even-year November general election. The legal basis for Ashburn's even-year cycle is not stated in the Charter and is worth confirming. The section also still carries obsolete transition language about one-year terms elected in 2003.
Why it matters: Election timing and terms should rest on a clearly valid legal footing so that no one can question results.
The fix: Worth review by the city attorney: confirm the legal authority for the even-year schedule (for example, a local act), then ask the legislative delegation for a clean-up local act that removes the 2003 transition language.
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Qualifications for license
Chapter 6 Alcoholic Beverages
The distance rules don't match state law, and they're inconsistent within the code. State law (O.C.G.A. § 3-3-21) bars distilled spirits within 200 yards of a school or college campus and measures 'by the most direct route of travel on the ground.' The city applies 100 yards to all license types, measured in a straight line from property line to property line. Elsewhere, event rules use 150 feet building to building (6-150), and catering permits ask about 100 yards from a church or school building (6-200(b)(11)). Sec. 6-65(2)o folds in state law generally, but the stated city number could mislead applicants. Worth review by the city attorney.
Why it matters: Someone could buy or lease a site for a liquor business that passes the city's 100-yard test but fails the state's 200-yard school rule.
The fix: Restate the distances by license type in line with O.C.G.A. § 3-3-21 and use one measurement method throughout Chapter 6.
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Applicability
Chapter 10 Amusements And Entertainment
The billiards definition points to the wrong state statute. 10-91(b) borrows the definitions of 'billiards' and 'billiard room' from O.C.G.A. § 48-8-1 (the state sales tax chapter). The billiard-room definitions are in O.C.G.A. § 43-8-1, and the chapter's own footnote cites § 43-8-2.
Why it matters: A wrong statute citation leaves the key terms of the article undefined.
The fix: Change the citation to O.C.G.A. § 43-8-1.
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Applicability
Chapter 22 Businesses
The coin-operated amusement machine article (2011) relies on O.C.G.A. § 48-17-1 et seq. licensing. Since 2013, Class B machines (the gift-card redemption 'COAMs' in convenience stores) are regulated by the Georgia Lottery Corporation under O.C.G.A. § 50-27-70 et seq. The article also requires 'Videotapes, DVDs' and bans 'baseball tickers'.
Why it matters: COAM locations are a common resident concern; the city's rules should match the state licensing system actually in use.
The fix: Update state-law references to include the Georgia Lottery COAM framework and modernize recording language; city attorney to confirm.
Fire Prevention and Protection (chapter)
Chapter 42 Fire Prevention And Protection
This chapter doesn't adopt or name any fire code edition. Its state-law footnote still cites the 'statewide application of Standard Fire Prevention Code, O.C.G.A. § 8-2-25(a)'. The SBCCI Standard Fire Prevention Code was replaced in Georgia years ago by the International Fire Code, adopted with state amendments through the Safety Fire Commissioner's rules. The fire department section (42-31) is a one-line 1983 provision.
Why it matters: Business owners and builders can't tell from the city code which fire code edition applies in Ashburn.
The fix: Add a section recognizing the state minimum fire code as currently adopted by the State Fire Marshal (and any local fire-safety rules), and update the footnote.
In the plan: 6.6 Stronger Fire Protection for Every House
Burn requirements and conditions
Chapter 42 Fire Prevention And Protection
The 2006 burning rules predate Georgia's 2021 change (SB 119). The state now allows burning of leaves, yard debris and hand-piled vegetation on the property where it occurs without a state permit, if the fire is at least 50 feet from structures and 25 feet from woodlands, burned between sunrise and sunset, and attended. Ashburn's ordinance only mentions burning 'for land clearing,' requires a city permit, and sets a 500-foot distance from structures and streets, which most in-town lots can't meet. Local ordinances can stay stricter, but the code doesn't say plainly whether ordinary backyard leaf burning is allowed.
Why it matters: Residents get mixed messages from state and city rules about whether they can burn leaves in their own yard.
The fix: Have the fire chief and city attorney decide on a clear policy for residential yard-debris burning and write it into Article III alongside the land-clearing rules.
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Soil Erosion, Sedimentation and Pollution Control Ordinance (Article III)
Chapter 38 Environment
The article follows the 2012 version of the state model ordinance. Georgia's Erosion and Sedimentation Act has been amended several times since then (GSWCC now publishes a 2025 compiled Act), and the ordinance itself requires the city to amend within 12 months of any change to the Act. The code shows no update since October 2012. It also refers to the 'zoning administer' (sic) as the permit office and cites a 'stormwater management ordinance' that this chapter doesn't include.
Why it matters: If Ashburn issues its own land-disturbance permits, an outdated ordinance can put that local authority at risk with EPD, and it affects runoff into the ditches and creeks that flood.
The fix: Compare Article III against the current EPD/GSWCC model ordinance, update it, confirm whether Ashburn is a certified local issuing authority, and fix 'zoning administer'.
In the plan: 3.12 Ditches That Drain Before the Next Big Rain
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Special regulations concerning fireworks
Chapter 62 Offenses And Miscellaneous Provisions
The fireworks rule (2017) requires written permission from the police chief to use consumer fireworks at any time other than those 'specifically listed' in state law, and caps permission at 10:00 a.m.–10:00 p.m. Georgia's fireworks law (O.C.G.A. § 25-10-2) generally allows consumer fireworks during set daily hours, with later hours on certain holidays, and lets local governments apply noise ordinances on non-holiday days. Whether a police-chief permit requirement fits that framework is worth checking. The section also cites '§ 25-10-1 et al' (should be et seq.).
Why it matters: Residents are confused about when fireworks are legal. An ordinance stricter than state law allows could be unenforceable.
The fix: Have the city attorney compare 62-104 with current § 25-10-2, then restate the allowed hours plainly.
Enforcement
Chapter 62 Offenses And Miscellaneous Provisions
The litter ordinance (2008) says violations are tried 'upon citations as provided in O.C.G.A. § 15-10-63' and 'in accordance with O.C.G.A. §§ 15-10-60 through 15-10-66.' Those statutes govern magistrate court trials of county ordinance violations, not municipal court. It also cites § 16-7-45 as the 'Litter Control Law' section and refers to 'the mayor and his/her authorized inspectors.'
Why it matters: Citing the wrong procedure statute could cause problems if a litter citation is challenged.
The fix: Worth review by the city attorney: cite the municipal court procedure statutes and confirm the current Litter Control Law citations.
Same—Police officers
Chapter 58 Law Enforcement
Officer qualifications require 'a basic course of 240 hours of instruction within 12 months.' Georgia POST's basic law enforcement training requirement has been lengthened since then, so the hard-coded number is likely out of date.
Why it matters: Residents may think Ashburn officers need less training than state law actually requires.
The fix: Replace the number with 'complete the basic training course required by the Georgia POST Council within the time required by state law.'
Private collectors—License required
Chapter 70 Solid Waste
The solid waste rules repeatedly cite the 'Georgia Department of Natural Resources—Rules and Regulations for Solid Waste Management, Chapter 391-1-1.' Georgia EPD's solid waste rules are in Chapter 391-3-4.
Why it matters: Haulers and landowners looking up the permit rules will be sent to the wrong rule chapter.
The fix: Cite 'Ga. Comp. R. & Regs. 391-3-4, as amended' (or 'the rules of the EPD').
Failure to comply
Chapter 74 Streets, Sidewalks And Other Public Places
The right-of-way rules adopt 'The 1988 Utility Accommodation Policy and Standards Manual' from GDOT, and say any conflict 'shall be resolved in favor of the manual.' GDOT has issued newer editions of the manual since 1988. The section's numbering is also broken: (1), (1), (3), (4).
Why it matters: Utilities and contractors working in city streets may be held to a 35-year-old standard.
The fix: Adopt the current GDOT Utility Accommodation Policy and Standards manual 'as amended,' and fix the numbering.
Intent and purpose
Chapter 74 Streets, Sidewalks And Other Public Places
The 2008 utility right-of-way article predates Georgia's 2019 law on small-cell wireless facilities in public rights-of-way (the 'Streamlining Wireless Facilities and Antennas Act,' O.C.G.A. § 36-66C) and later state broadband right-of-way provisions. Those limit how cities can regulate and charge wireless and broadband providers.
Why it matters: Ashburn may be missing tools state law allows, such as design standards and permit timelines, or applying rules state law now limits.
The fix: Worth review by the city attorney for a small-cell and broadband right-of-way update.
Cable services franchises
Chapter 80 Telecommunications
Article II is a 2000 local cable-franchising process: detailed applications, a $1,250 fee, council evaluation and hearings. Georgia's Consumer Choice for Television Act (2007, O.C.G.A. 36-76-1 et seq.) moved video franchising to the Secretary of State and limits what cities can require of state franchise holders. The city added the 5% fee for state franchises (Sec. 80-42, 2008) but never reconciled the rest of Article II with the state system. Sec. 80-42 also contains typos ("coporate boudaries", "applicant for holder").
Why it matters: The code describes a local approval process that most new video providers likely don't go through anymore, which could mislead residents and providers.
The fix: Have the city attorney review Article II against O.C.G.A. Title 36, Chapter 76, and trim it to what still applies, such as the fee, rights-of-way management and any legacy local franchises.
Telecommunications services franchises
Chapter 80 Telecommunications
This 2000 telecom franchise article predates Georgia's Streamlining Wireless Facilities and Antennas Act (2019, O.C.G.A. 36-66C), which governs small cell/5G equipment in public rights-of-way, including permit timelines and fee caps. It also predates later federal FCC rules on small wireless facilities. The code has nothing on small cells, poles or wireless equipment in rights-of-way. Requiring every telecom provider to get a council-ordinance franchise may also be worth checking against O.C.G.A. 46-5-1 and 47 U.S.C. 253.
Why it matters: Without updated rules, the city may have little say over where 5G poles go on residential streets, and parts of the existing process may not be enforceable.
The fix: Have the city attorney review Article III and add a small-wireless-facility ordinance that fits the 2019 state act (design standards, permits, allowed fees).
Amendment
Appendix A Zoning
Rezoning hearing procedures date to 1996 and have not been checked against later Zoning Procedures Law changes, including the 2022 HB 1405 additions (e.g., extra notice and hearing requirements when single-family classifications are changed to allow multifamily). The hearing rules let the presiding officer set 'reasonable time limitations' but do not state a minimum time per side; the ZPL requires local procedures to set a minimum time for each side.
Why it matters: If hearing procedures don't track state law, a rezoning decision could be challenged.
The fix: Have the city attorney update Section 13-2.7 to match the current O.C.G.A. § 36-66-4 and 36-66-5, including a stated minimum time per side.
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Purpose; creation
Chapter 66 Planning
The chapter's state-law note cites 'regional development centers, O.C.G.A. § 50-8-30 et seq.' Georgia replaced regional development centers with regional commissions in 2009 (Ashburn is served by the Southern Georgia Regional Commission). Sec. 66-32(b)'s removal language is garbled ('by that particular member of government ... from a public meeting'), and 66-33 uses 'chairman/vice-chairman.'
Why it matters: References to bodies that no longer exist make the code look abandoned.
The fix: Update to regional commissions (O.C.G.A. § 50-8-30 et seq. as amended), fix the 66-32(b) sentence, and use 'chair/vice-chair.'
Definitions (cable and telecommunications)
Chapter 80 Telecommunications
The federal citations are out of date or wrong. "Open video system" points to "76 CFR 76.1500(a)"; the title should be 47 CFR. The definitions cite 47 USC 153(43) and 153(46) for "telecommunications" and "telecommunications service," but those paragraphs were later renumbered (now about 153(50) and 153(53)).
Why it matters: Wrong legal citations make the code harder to apply and look neglected.
The fix: Correct the CFR title to 47 and update the U.S. Code paragraph numbers, or simply cite "47 U.S.C. 153 as amended."
Special provisions for certain uses
Appendix A Zoning
Manufactured-home standards refer to the 'Southern [sic] Standard Building Code' and 'Ashburn Building Code.' The Standard Building Code was replaced years ago; Georgia's state minimum codes are now based on the International Codes adopted by the Department of Community Affairs. The rest of the manufactured-home approach (allowed in R-8-M and parks, appearance standards, no age limits) appears consistent with Georgia law, which lets cities limit manufactured homes to certain districts and set appearance standards but has barred age-based restrictions on relocating them since 2010.
Why it matters: Owners and installers could be pointed to a building code that no longer exists.
The fix: Replace the reference with 'the Georgia State Minimum Standard Codes as adopted by DCA' and keep the HUD Code reference for manufactured homes.
In the plan: 4.1 A Maintenance Standard for our Parks
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Franchises
Charter
The franchise section still lists 'street railways' and treats cable television as a local franchise. Under Georgia's 2007 Consumer Choice for Television Act (O.C.G.A. § 36-76-1 et seq.), video and cable franchises are now issued by the state. Federal and state telecom and right-of-way laws also limit local franchising.
Why it matters: Residents and providers may think the city controls cable franchising when the state largely does.
The fix: Add 'to the extent permitted by general law' and remove the obsolete examples at the next charter update.
Definitions
Chapter 18 Buildings And Building Regulations
The 1991 plumbing flow-rate article (1.6 gpf toilets, 2.5 gpm shower heads, with phase-in dates of July 1991/July 1992) predates the Georgia Water Stewardship Act of 2010 and later state plumbing code amendments, which set stricter high-efficiency fixture requirements for new construction. It also refers to fixtures 'for use by the handicapped' and a 'chief building inspector'.
Why it matters: Residents may follow outdated limits when the state plumbing code now governs.
The fix: Repeal the article or replace it with a reference to the current state plumbing code and O.C.G.A. § 8-2-3 as amended.
Chapter 26 Cemeteries (footnote)
Chapter 26 Cemeteries
The chapter's state-law note cites the 'Georgia Cemetery Act of 1983, O.C.G.A. § 44-3-130 et seq.', which was replaced by the Georgia Cemetery and Funeral Services Act of 2000 (O.C.G.A. § 10-14-1 et seq.).
Why it matters: Minor, but it points readers to repealed law.
The fix: Update the reference.
E-911 charge on prepaid wireless transactions
Chapter 78 Taxation
The E-911 provisions predate Georgia's 2018 restructuring of 911 fees (HB 751, which created the Georgia Emergency Communications Authority and changed remittance). Sec. 78-162 still carries a one-time 'by December 31, 2011' filing deadline. The $1.50 monthly district assessment dates from 2006, and it's worth confirming whether the city still funds its own dispatch this way.
Why it matters: Residents see a 911 charge on their utility bill, and the authority for it should be current.
The fix: Have the city attorney confirm the prepaid-wireless and district assessment provisions match current O.C.G.A. § 46-5-120 et seq., and delete the expired deadline.
In the plan: 3.3 Find Out What's Driving Your Water Bill
Chief judge; associate judge
Charter
Municipal judges serve one-year terms, and the section says nothing about how a judge can be removed mid-term. Georgia law (O.C.G.A. § 36-32-2.1) has rules on municipal judge terms of office and removal that this section may not reflect. Separately, subsection (e) says the oath is entered in the council journal 'required in Section 2.19.' The journal is actually required by Section 2.20(a).
Why it matters: Judicial independence and clear removal rules protect residents who appear in city court.
The fix: Worth review by the city attorney against O.C.G.A. § 36-32-2.1, and fix the cross-reference from 2.19 to 2.20(a).
Disposition of stolen, abandoned, or impounded property
Chapter 2 Administration
Police may sell unclaimed property after holding it only 30 days plus 30 days of advertising. State law has its own procedures for property in police custody and for abandoned vehicles and property, and those may require different notice or holding periods. The section has no history note and has not been changed since 2007.
Why it matters: Residents whose property is recovered by police deserve the full notice that state law provides.
The fix: Worth review by the city attorney against current state law (for example, O.C.G.A. § 17-5-54 and Title 40 abandoned-vehicle rules).
In the plan: 6.5 Loose Dogs and Stray Animals
Rules that contradict each other (49)
Location
Chapter 10 Amusements And Entertainment
The adult business zoning rule says two different things. 10-39(5) allows adult businesses only in an 'adult zoning district (C-A),' but the application plat requirement (10-42(12)) and the approval criteria (10-44(11)) say they can't be in 'any zoning category other than industrial or general commercial.' Whether a C-A district actually exists on Ashburn's zoning map should be checked.
Why it matters: Applicants and the city can't tell which zones are allowed, which makes the ordinance easy to challenge.
The fix: Pick one standard, make sure it matches the zoning ordinance and map, and fix all three sections together.
Dangerous dogs—Generally
Chapter 14 Animals
Two conflicting dangerous-dog systems are both in force. Division 7 (from 2011, built on the old 'Dangerous Dog Control Law') uses 'potentially dangerous'/'dangerous' classes, names the Turner County animal control officer as dog control officer, gives 15 days to request a hearing before the city council, requires $15,000 insurance plus a $15,000 bond, and destroys a confiscated dog after 4 days. Article VI (2015, tracking the 2012 Responsible Dog Ownership Law) uses 'dangerous'/'vicious', names the city's animal control officer, gives 7 days to appeal to a designated board or the probate court, requires $50,000 insurance for vicious dogs, and releases confiscated dogs to a shelter after 14 days. Sec. 14-238 even reclassifies 'potentially dangerous' dogs as 'dangerous', confirming Division 7 was meant to be superseded but was never repealed.
Why it matters: A dog owner, or a neighbor who was bitten, can't tell which deadlines, insurance amounts or appeal route actually apply.
The fix: Repeal Article II, Division 7 (and the matching 'potentially dangerous' definitions in 14-1 and 14-32) so Article VI is the only dangerous/vicious dog procedure.
In the plan: 6.5 Loose Dogs and Stray Animals
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Definitions
Chapter 14 Animals
Large parts of the animal chapter are duplicated nearly word for word: Article I (2001) repeats the Article II definitions, prohibited conditions and dead-animal rules; Article IV (Rabies Control, 2001) repeats Article II Division 5; Article V (Cruelty, 2001) repeats Article II Division 6. The copies differ in small ways (e.g., 14-1 vs. 14-32 define 'potentially dangerous dog' differently; 14-202(g) says cruelty is enforced under 'article II' while 14-120(6) says 'division 8').
Why it matters: Duplicate rules with different wording make enforcement and court cases harder and confuse residents reading the code.
The fix: Consolidate Chapter 14 into one set of definitions, rabies, cruelty and impoundment rules and repeal the duplicates (Articles I, IV and V or their Article II twins).
In the plan: 6.5 Loose Dogs and Stray Animals
Juvenile curfew authorized
Chapter 62 Offenses And Miscellaneous Provisions
There are two different juvenile curfews in the same article. Sec. 62-131 (1994) covers ages '16 years of age or younger.' Secs. 62-133–62-135 (no history note, so unchanged since the 2007 code) cover 'under the age of 18.' They also have different exception lists: only 62-131 exempts kids coming home from school events, and only 62-134 requires the supervising adult to be 21 or older. Sec. 62-131(c)'s quarterly-report requirement expired after one year.
Why it matters: A 17-year-old, or a parent, can't tell from the code whether curfew applies or which exceptions count.
The fix: Repeal one version and adopt a single curfew section with one age limit, one exception list (including the school-activity exception) and current penalty language.
Utility tampering penalty; Penalties for violation of sewer division
Chapter 86 Utilities
The penalty clauses point to the wrong sections. Sec. 86-2(c) (2020) says violators are "punished as provided in section 1-7," but Sec. 1-7 is "Altering Code," not the general penalty (that's Sec. 1-12). The clause is also garbled, with words missing between "section 1-7 of the Ashburn" and "costs related to necessary repairs." Sec. 86-42 punishes sewer violations "as provided in Section 1-8," which is "Supplementation of Code."
Why it matters: The penalties for meter tampering, utility theft, and sewer violations point to the wrong sections, which could make those penalties harder to enforce in court.
The fix: Change both cross-references to Sec. 1-12, and restore the missing text in 86-2(c) about recovering repair, investigation and stolen-service costs.
In the plan: 3.10 Don't Wait for the Sewer Plant to Fail
Purchasing and procurement
Chapter 2 Administration
The purchasing tiers contradict each other. Sec. 2-148(a) lists $500, $3,000, $10,000 and 'more than $25,000,' but subsections (c) and (d) use $2,500. Nothing in (a) covers the range between $10,000 and $25,000. The tiers are described as 'in the aggregate annually,' which doesn't fit single purchases. The section also relies on faxed and telephone quotes. The history notes cite Ord. No. 15-07 as adopted 8-6-2016, while Sec. 2-63 cites the same ordinance as adopted 8-6-2015. Sec. 2-136 lets the 'mayor' transfer appropriations within a department, although the Charter makes the city manager the chief executive.
Why it matters: Clear purchasing thresholds protect taxpayer money and make the city's spending easier to audit.
The fix: Rewrite the tier table so it is consistent, correct the ordinance date, and make the transfer authority in Sec. 2-136 match the Charter.
In the plan: 7.3 Get the Audits Caught Up, and Keep Them on Time
Credit card and purchasing card policy
Chapter 2 Administration
The card policy contradicts itself. Part E.1.g says elected officials may not use the card for 'Food, fuel or non-alcoholic beverages,' but Part F lets the card pay for 'gas purchases' and meals up to $150 a day on official travel. The authorized-user list names a 'Police Chief' and 'Fire Chief' (see the public-safety title flag). The section also has drafting errors ('set for by,' 'Any employee of official,' 'reported of the municipal governing authority').
Why it matters: Officials and the public need clear rules on what city cards can pay for.
The fix: Reconcile the travel exception with the food and fuel ban, update the titles, and fix the typos while keeping the O.C.G.A. § 36-80-24 requirements.
Hours of operation
Chapter 6 Alcoholic Beverages
The hours rules contradict each other and leave gaps. Subsection (a) ends Saturday sales at midnight and bans Sunday sales, but (c) lets bars sell until 2:30 a.m. 'on weekdays and Sundays' and sports bars until 2:55 a.m. Section 6-121 never sets hours for on-premises sales of distilled spirits by restaurants or package liquor stores; (a) covers only malt beverages and wine.
Why it matters: Business owners and police can read the closing time differently, especially on Saturday night into Sunday morning.
The fix: Replace 6-121 with one clear hours table by license type (beer/wine, liquor, package, on-premises, sports bar) and by day of the week.
Conditions and limitations of license
Chapter 6 Alcoholic Beverages
Several cross-references in Chapter 6 point to the wrong section, or to sections that are now reserved, left over from the 2012 rewrite and the 2023 replacement of Article III. 6-1 and 6-65(3)b.4 say caterers are licensed under 'article VI' (that's Brown Bagging; catering is Article VII). 6-74(4) cites 6-90 for amended applications (should be 6-89). 6-91(b)(2) cites 'event permit requirements of section 6-175' (6-175 defines brown bagging; events are 6-143 to 6-156). 6-177 and 6-193 base brown-bagging qualifications on 6-30 (a minors rule). 6-185 cites 6-38 and 6-39 (both reserved), and 6-185 has no history note. 6-200(a)(2) cites 6-64(3)b (should be 6-65(3)b). 6-151 cites the notice 'required by section 6-152' (the notice is in 6-149). 6-154 cites the license 'pursuant to section 6-144' (should be 6-146).
Why it matters: When the code points to the wrong rule, applicants can't tell what's required, and denials or revocations become easier to challenge.
The fix: Do a cross-reference cleanup ordinance for Chapter 6, and give brown bagging its own qualification and revocation rules.
Hours of operation
Chapter 10 Amusements And Entertainment
The pool room rules conflict with the alcohol chapter. 6-1 defines 'bar' to include a 'pool hall' or 'pool room,' and 6-121 lets bars sell until 1:00–2:55 a.m., but 10-98 requires pool rooms and game rooms to stop at midnight. 6-30 bars anyone under the legal drinking age (21) from a 'bar,' while 10-99(5) lets under-18s into a pool room where alcohol is served if a parent is with them, and says nothing about ages 18–20.
Why it matters: A bar with a pool table gets conflicting closing times and age rules, and parents get mixed messages about whether teens can be there.
The fix: Reconcile 10-98 and 10-99(5) with Chapter 6. State which rule controls for licensed bars and set one age rule.
Occupation tax levied; computation of full-time employees; occupation tax schedule; limitations
Chapter 22 Businesses
The two sections conflict on first-year tax for new businesses: 22-34(g) says a business starting before July 1 pays the full year and one starting on or after July 1 pays 50%, while 22-40(a) says a business starting after January 1 owes nothing until January 1 of the following year.
Why it matters: New business owners could be billed differently depending on which section staff read.
The fix: Reconcile the two sections into one clear first-year rule.
Outdoor water use schedule during non-drought periods
Chapter 38 Environment
The non-drought section contains a sentence about 'declared drought conditions' that belongs in 38-233. The editor's note also says the whole ordinance only took effect if EPD declared mandatory statewide restrictions and didn't grant Ashburn an exception, so it's unclear whether the schedule is in force at all.
Why it matters: A resident can't tell from the code whether the watering schedule actually applies right now.
The fix: Fold this into the Article V rewrite: drop the conditional effective date and put the drought language in the drought section.
Duty of police officers / Service of rule to show cause
Chapter 34 Courts
Two court sections cross-reference sections 19-50 and 19-52, which look like leftovers from an older code numbering. The bond provisions are now Secs. 34-50 and 34-52.
Why it matters: Cross-references that point nowhere make the bond rules confusing for defendants and their families.
The fix: Change '19-50' to '34-50' and '19-52' to '34-52'.
Control of minor
Chapter 62 Offenses And Miscellaneous Provisions
The parental-responsibility section points to the wrong section. It refers to the places listed in Sec. 62-132 and the exceptions in '(1) through (5) of section 62-132,' but 62-132 is the park curfew. The list of places and the five exceptions are in Sec. 62-134.
Why it matters: A cross-reference to the wrong section makes it harder to enforce the parental-responsibility rule fairly.
The fix: Change both references to Sec. 62-134.
In the plan: 4.1 A Maintenance Standard for our Parks
Responsibility of alarm user
Chapter 62 Offenses And Miscellaneous Provisions
Sec. 62-203(b) makes it unlawful to activate any alarm system to summon police 'except in the event of an actual or attempted robbery or burglary.' The same article covers fire, panic, personal and medical alarms (Secs. 62-201, 62-202), so as written, pressing a panic button during a medical or personal emergency could be an offense.
Why it matters: Residents with panic or medical alarms could hesitate to use them.
The fix: Add fire, medical and other genuine emergencies to the exception.
Same—Police officers
Chapter 58 Law Enforcement
The officer oath provision points to the wrong chapter. It says officers take the oath 'set out in section 54-32, paragraph (b),' but Sec. 54-32 is in the Historic Preservation chapter. The chief's oath is Sec. 58-32(b).
Why it matters: A wrong cross-reference in an officer's oath requirement is an easy, visible error to fix.
The fix: Change '54-32' to '58-32.'
Generally
Chapter 54 Historical Preservation
The historic-preservation penalty section quotes 'section 12-4 of the Ashburn Zoning Ordinance' as the penalty provision. In the current zoning appendix, Section 12-4 covers Appeals; penalties are in Section 11-5.
Why it matters: If the penalty points to the wrong section, enforcement against a property owner could be challenged.
The fix: State the penalty directly in Sec. 54-141 or correct the cross-reference to the zoning penalty section.
Solid waste classified for disposal
Chapter 70 Solid Waste
Sec. 70-43(b)(5) refers to 'Hazardous waste as defined in section 20 hereof,' which doesn't exist (the definition is in Sec. 70-31). Sec. 70-37(b) says nuisances 'may be abated as provided in section 70-33,' but 70-33 has no abatement procedure.
Why it matters: Broken cross-references leave out the city's actual authority to clean up dumped waste.
The fix: Fix the cross-reference to 70-31 and add or cite an actual abatement procedure (e.g., the Chapter 38 property maintenance process).
Administration; Designation of administrative hearing officer
Chapter 82 Traffic And Vehicles
Sec. 82-113 looks pasted from the state statute without adapting it to the city code. It refers to "subsection (d) of this Code section" and "subsection (b) of this Code section" in places where those subsections don't match. It says "any appeal from superior or state court," which makes no sense for a municipal-court case. It requires each school to get a DOT permit, which the city can't impose on a school. It also has typos ("tor", "alter the date", "It a person"). Sec. 82-114 still contains the drafting placeholder "[or designee]", and the agent definition in 82-111 numbers its items (i), (ii), (ii).
Why it matters: Sloppy drafting in a section that brings in fine revenue invites challenges and confuses drivers about how to contest a ticket.
The fix: Redraft Article VI in the city's own terms with correct internal cross-references, and name a specific hearing officer.
Extension of service (gas)
Chapter 86 Utilities
Bracketed paragraphs [(e)] through [(g)] repeat paragraphs (c) and (d) nearly word for word. Paragraphs [(e)] and [(h)] say "Notwithstanding paragraphs (a), (b), and (g)," which points to the duplicated text. This is a codification error, so it isn't clear which version controls.
Why it matters: Customers asking for a new gas line can't tell for sure what they'll be charged.
The fix: Remove the duplicated paragraphs, re-letter the section, and fix the internal references.
Administration, enforcement and penalties
Appendix A Zoning
Two different penalty sections: Section 11-5 (1996) caps zoning fines at $100 and/or 30 days per offense, while Section 15 (2011), titled generally 'Penalties for violations,' sets a flat $150 per day but only for signs and refers to 'this article [ordinance].' The $100 cap is a 1996 figure.
Why it matters: A sign violation draws a higher fine than other zoning violations, and the $100 cap may be too low to deter serious violations.
The fix: Consolidate penalties into one section, retitle Section 15 as sign-specific or merge it, and have the city attorney set amounts within municipal court limits.
Powers of public officers
Chapter 38 Environment
Sec. 38-65(5) points to the in rem procedures 'provided by sections 38-63 through 38-65,' but the actual in rem complaint, hearing, demolition and lien procedure is in Sec. 38-62. Sec. 38-64(5) also cites 'O.C.G.A. § 48-4-7,' which looks like a typo for § 48-4-78, the section cited elsewhere in the article.
Why it matters: Wrong cross-references can give a property owner grounds to challenge a cleanup lien.
The fix: Change the cross-reference to 'sections 38-62 through 38-65' and confirm the correct O.C.G.A. citation in 38-64(5).
Administration
Chapter 78 Taxation
Article I makes the city clerk the city's tax collector, who mails bills and issues executions (78-1, 78-4). The 2022 blight ordinance instead says the 'county tax commissioner ... shall include the increased tax on the next regular tax bill rendered on behalf of the city' (78-168(d), 78-171). So the code describes two different billing arrangements.
Why it matters: Residents should know who bills and collects their city taxes.
The fix: Confirm who actually bills city property taxes and conform Article I and Article VII.
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Motorized carts
Chapter 82 Traffic And Vehicles
The golf cart section contradicts itself and uses outdated terms. Subsection (b) allows carts on city streets posted 35 mph or less. Subsection (c) allows them on "all city streets other than state highways, even in areas where the posted speed limit is 35 miles per hour or less," which reads backwards. Subsection (d) bars crossing "State Highway 41, 112 and 59," while the truck-route section names Highway 159, so "59" looks like a typo. The definition (3+ wheels, 1,300 lbs or less) is the old pre-2012 "motorized cart" category. Georgia now uses "personal transportation vehicle" (4+ wheels, 1,375 lbs or less), and the old definition survives only for carts a city authorized before 2012.
Why it matters: Golf cart owners can't tell for sure which streets and crossings are legal, and newer four-wheel carts may not fit the city's definition.
The fix: Rewrite the section using the state's PTV terms and O.C.G.A. 40-6-331, list the allowed streets and any DOT-approved crossings, and fix the highway number.
Source we checked (opens in a new tab)
Amendment
Appendix A Zoning
The opponent campaign-contribution disclosure notice mixes time periods: it says contributions 'within two years' trigger disclosure, then requires listing contributions made 'during the five years immediately preceding' the application. O.C.G.A. § 36-67A-3 uses a two-year look-back.
Why it matters: People opposing a rezoning get unclear instructions on what they must disclose.
The fix: Conform the language to the current text of O.C.G.A. § 36-67A-3 (city attorney to confirm).
Special provisions for certain uses
Appendix A Zoning
Home occupations are described as allowed by right in some districts (2-21), but 9-1.15 says parking for every home occupation 'shall be determined by the board of appeals,' implying a board hearing even for by-right home businesses. Section 2-21 also cites 'section 5-1.1' and 'section 12-6.2,' which don't match current numbering (12-6.2A). The 2-30 nursery school definition (six or more children) overlaps the home nursery limit of six children (9-1.13).
Why it matters: Residents can't tell whether a simple home office needs a public hearing.
The fix: Clarify that by-right home occupations need only the 2 extra spaces administratively, and fix the cross-references.
Preface
Code Of Ordinances City Of Ashburn, Georgia
The preface says the code's source material was ordinances 'adopted by the city commission.' Ashburn's governing body is a city council (Charter Sec. 2.10, Code Sec. 1-2), and the title page itself says the code was republished 'by Order of the City Council.'
Why it matters: This is a small error, but it confuses readers about what body makes Ashburn's laws.
The fix: Ask Municode to change 'city commission' to 'city council' in the preface.
Election by majority
Charter
The heading says 'Election by majority,' but the text provides for plurality winners with no runoff. Plurality is permitted when a city charter or ordinance says so (O.C.G.A. § 21-2-501(b)), but the heading contradicts the rule.
Why it matters: Voters and candidates could be confused about whether a runoff is possible.
The fix: Retitle the section 'Election by plurality,' and have the city attorney confirm that plurality voting is properly adopted.
Source we checked (opens in a new tab)
Action by city council on budget
Charter
Charter 6.26(b) says the council adopts the final budget 'by resolution,' then says adoption 'shall take the form of an appropriations ordinance.' Code Sec. 2-131 says the budget is adopted 'by ordinance.' Georgia's budget statute (O.C.G.A. § 36-81-6) calls for adoption by ordinance or resolution.
Why it matters: The budget should be adopted the right way so spending authority is clear.
The fix: Pick one form (ordinance is consistent with Sec. 2-131) and conform both provisions.
In the plan: 1.4 A Town Hall Before the Budget, not After
Departments created
Chapter 2 Administration
The list of city departments (Police, Fire, Water, Sewer, Gas, Streets and sanitation, E-911, Recreation) has no history note and has not been changed since 2007. It leaves out the Department of Environmental Compliance and Animal Control created in Sec. 2-276 (2005), and it doesn't reflect the option to combine police and fire under a Director of Public Safety (Sec. 2-3, 2018).
Why it matters: Residents can't tell from the code which departments actually exist.
The fix: Update Sec. 2-1 to match the current organization chart.
In the plan: 3.10 Don't Wait for the Sewer Plant to Fail, 6.5 Loose Dogs and Stray Animals
Ethics code drafting errors
Chapter 2 Administration
The ethics code has three drafting errors. Sec. 2-42(5) cites 'section 20-43,' which doesn't exist; it should be 2-43. Sec. 2-48 says the mayor and five councilmembers each name two citizens for a pool of 12, then calls it 'these ten qualified citizens.' Sec. 2-51 says filing 'shall act as supersedes'; the word should be 'supersedeas.'
Why it matters: Errors in the ethics code give an accused official room to challenge the process.
The fix: Correct the cross-reference to 2-43, the pool count to 12, and 'supersedes' to 'supersedeas.'
Change of location
Chapter 10 Amusements And Entertainment
Adult business fees are inconsistent. 10-49 says the change-of-location fee is 'established by resolution of the city council,' while 10-61 sets it at $10.00. 10-41 sets a $1,000 'processing fee,' and 10-43 also requires a separate application fee 'established by resolution.' The $10 figure dates from at least 2007.
Why it matters: Applicants can't tell what they owe, and a $10 fee is unlikely to cover the cost of review.
The fix: Consolidate all adult business fees in one section or one council-adopted fee schedule.
Penalty for violation
Chapter 10 Amusements And Entertainment
Maximum penalties vary across these chapters for no stated reason. Adult entertainment violations: $500 and/or 90 days (10-57). Pool and game rooms: $1,000 and/or 180 days (10-108). Brown bagging: $1,000 and/or 180 days (6-191). The by-the-drink tax refers to 'City Charter section 4.13' (6-167(i)), and most of Chapter 6 refers to the general penalty provision.
Why it matters: Residents can't easily tell what a violation costs, and the adult entertainment penalty is lower than for running a game room.
The fix: Point all these chapters to the general penalty section 1-12 unless the council deliberately wants a different penalty.
Permit required
Chapter 22 Businesses
Event length limits conflict: 22-93 says no special event may run more than four consecutive calendar days, while 22-97(a)(7) lists as a denial reason that 'the event will last longer than seven days'. Also 22-102 says officers attend 'for its entire jurisdiction' (likely 'duration') and 22-101 says 'a proposed special.'
Why it matters: Organizers can't tell whether a 5-7 day event is allowed.
The fix: Pick one limit and fix the typos.
Burn requirements and conditions
Chapter 42 Fire Prevention And Protection
A section inside Chapter 42 is numbered '43-63' instead of '42-63'. The article's editor's note also says the 2006 ordinance covers §§ 42-61 through 42-66, but the article ends at 42-65.
Why it matters: A misnumbered section is hard to find and cite, both for residents and in citations.
The fix: Ask Municode to renumber it as Sec. 42-63 and correct the editor's note range.
Prohibited uses (Wellhead Protection)
Chapter 38 Environment
The wellhead protection zone is a 100-foot radius, but the list of uses banned 'within wellhead protection zones' includes sanitary sewer lines within 150 feet, which reaches beyond the zone. The article dates from 2004 and should be checked against current EPD wellhead protection requirements.
Why it matters: Protecting the city's drinking-water wells depends on clear setback rules.
The fix: Reconcile the distances (state the 150-foot sewer setback as its own rule) and confirm against current EPD wellhead rules.
In the plan: 3.10 Don't Wait for the Sewer Plant to Fail
City park curfews
Chapter 62 Offenses And Miscellaneous Provisions
The same 10 p.m.–6 a.m. park curfew appears twice: Sec. 62-132 in Article V and again as Sec. 62-151 in Article VI. Only 62-132 has a penalty clause and a history note (2001).
Why it matters: Duplicate sections confuse readers and invite arguments about which one controls.
The fix: Repeal Sec. 62-151 (or 62-132) and keep one park-curfew section with its penalty.
In the plan: 4.1 A Maintenance Standard for our Parks
Distribution of obscene materials
Chapter 62 Offenses And Miscellaneous Provisions
The obscenity article's cross-reference points to 'Obscene activity prohibited, § 10-41,' but Sec. 10-41 in the current code is 'Application for occupation tax certificate.'
Why it matters: A cross-reference that points nowhere sends readers to an unrelated section.
The fix: Update or remove the cross-reference.
Application for special permit
Chapter 62 Offenses And Miscellaneous Provisions
The special-permit section offers relief from 'the noise level designated in this article,' but the article sets no numeric noise level. It also refers to 'other subsections of this section.'
Why it matters: Applicants can't tell what standard they're asking to be excused from.
The fix: Rewrite to refer to the specific prohibitions in Sec. 62-101, or add measurable levels.
Abandoned shopping cart prevention and retrieval plans
Chapter 62 Offenses And Miscellaneous Provisions
The shopping cart article (2018) is inconsistent on two points. Sec. 62-210 applies to stores with 'ten or more' carts in one sentence and 'more than ten' in another. Sec. 62-211 sets an effective date of July 1, 2018, while Sec. 62-214 says the article takes effect 'immediately upon adoption.' Sec. 62-212 lets the city remove carts but sets no notice-to-owner or impound and reclaim procedure.
Why it matters: A store with exactly 10 carts can't tell whether it's covered, and the city has no set process for returning carts it collects.
The fix: Use one threshold, delete the conflicting effective-date language, and add a short notice and retrieval procedure.
In the plan: 6.5 Loose Dogs and Stray Animals
Designation process
Chapter 54 Historical Preservation
There are several cross-reference errors. 54-2 says historic properties are designated 'pursuant to the criteria in section 54-62,' and 54-62 says the criteria are 'in subsection (3) of this section,' but the criteria are in Sec. 54-63. 54-100 measures the appeal deadline from the determination 'pursuant to section 54-81,' but decisions are issued under 54-93. 54-85(d) refers to 'subsection (b) of this subsection.' 54-62(3) also says 'principle newspaper' (should be principal).
Why it matters: Property owners trying to follow the designation and appeal steps get pointed to the wrong sections.
The fix: Correct the cross-references to 54-63 and 54-93 and fix the typos.
Appeals
Chapter 74 Streets, Sidewalks And Other Public Places
The utility article refers to 'the department' (74-64) and 'the director of public service' (74-79), neither of which is defined; 'director' is defined as the city manager. It has two severability sections (74-76 and 74-83), and calls itself 'this chapter' (74-61, 74-62). It requires 'facsimile numbers' throughout (74-65, 74-68), and has typos ('bested interest,' 'If ay section,' 'telephone can facsimile').
Why it matters: Utilities don't know where to send appeals and notices.
The fix: Name the city manager (or a defined office) throughout, drop the duplicate severability clause and fax requirements, and fix the typos.
Identification of blighted property
Chapter 78 Taxation
Sec. 78-168(a)(1) is circular: 'An inspection must be performed on the parcel of property in order for an inspection to be performed.' Sec. 78-170(a) refers to removal of the blight designation 'as provided in section 78-168,' but removal is governed by Sec. 78-169. Sec. 78-168(a)(4) says 'existence of reasonable diligence' (meaning exercise).
Why it matters: Drafting errors in the steps the city must follow can undermine a blight designation in court.
The fix: Rewrite (a)(1) as 'An inspection must be requested or initiated as follows,' and correct the cross-reference to 78-169.
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Sign regulations
Appendix A Zoning
Portable sign amortization is tied to 'one year from the date of adoption' (1996) and declares portable signs noncompliant with the traffic-safety subsection, which is not really about portability. Separately, 10-7.3 lets owners of temporary signs 'which do not require a permit' pay a $10 deposit 'in lieu of the usual permit fee,' which makes little sense if no permit is needed; the $10 figure dates to 1996.
Why it matters: Business owners can't tell from the code whether portable or temporary signs are allowed or what they owe.
The fix: Replace the expired amortization clause with a clear current rule for portable/temporary signs and update or remove the $10 deposit.
Special provisions for certain uses
Appendix A Zoning
Broken cross-reference: the home-occupation rule for newspaper publishing points to 'section 2-29B,' which is the definition of a monopole (cell tower). The newspaper publishing definition is 2-29E.
Why it matters: Confusing for anyone trying to follow the rule.
The fix: Change the reference to section 2-29E.
Administration, enforcement and penalties
Appendix A Zoning
The ordinance refers to itself inconsistently as a 'resolution' (11-7, 12-6.3, 12-6.4) and an 'article' (Section 15), and numbering is irregular (e.g., '3.28' instead of '3-28', '2-32.A', 'five rated' for 'fire rated' in 2-16A). Section 7-8 lists churches twice (7-8.2 and 7-8.6) with slightly different parking formulas.
Why it matters: Small drafting errors make the code harder to apply consistently.
The fix: Do a clean-up amendment to fix terminology, numbering and the duplicate church parking entry.
Quorum; voting
Charter
The rule for when the mayor votes is hard to apply. The mayor votes on a tie or 'when an affirmative or negative vote by the mayor constitutes a majority of three votes,' but adopting any measure separately requires three councilmember votes. When fewer than five members are present, it is unclear when the mayor's vote counts toward passage.
Why it matters: Unclear voting rules can lead to disputes over whether a measure actually passed.
The fix: Have the city attorney recommend clearer voting language for a future local act.
Agenda items / agenda availability
Chapter 2 Administration
The agenda deadlines don't line up. Sec. 2-32 says agenda items are due by the Friday before the meeting. Sec. 2-36(b) requires speakers to ask five days in advance, Sec. 2-36(a) has the agenda sent three days ahead, and Sec. 2-36(c) lets written requesters speak if they ask any time 'prior to the meeting.' Sec. 2-36(j) restates older Open Meetings Act agenda-posting language without the current requirement to post on the city's website.
Why it matters: Residents need one clear deadline to get on the agenda or sign up to speak.
The fix: Harmonize the deadlines and track the current agenda-posting rules in O.C.G.A. § 50-14-1(e), including website posting.
In the plan: 7.1 You'll Know Before and After, 7.7 A Technology Audit
Discretion of officer on duty as to certain bonds
Chapter 34 Courts
This section, unchanged since 2007, lets the officer on duty set any bond up to $1,000 'in his discretion.' Sec. 34-17(c) (2018) says the judge alone sets the standard bail schedule and individual bail.
Why it matters: Residents may be unsure who sets bond and on what basis.
The fix: Revise so officers accept bond according to the judge's bail schedule, and update the gendered wording.
Old technology and wording (42)
Records management
Chapter 2 Administration
The city adopted the state records-retention schedules by pointing to a web address that is malformed ('http:/sos.georgia.gov.archives/...') and names a November 2007 PDF. The Georgia Archives is no longer under the Secretary of State's office, so the link is dead and the schedules it names are out of date.
Why it matters: Records retention affects what public records the city must keep and when it may destroy them, which matters for open-records requests.
The fix: Adopt the current Georgia Archives local government retention schedules 'as amended from time to time' without hard-coding a URL.
Permit procedures / Variance procedures
Chapter 46 Floods
The ordinance names a specific person, by name as the building department reviewer in two places. Sec. 46-101(b) also refers to 'the board' when the body named in 46-101(a) is the planning advisory commission.
Why it matters: Naming an individual in law goes stale when staff change, and residents may not know who actually handles flood permits today.
The fix: Replace the name with a position title (for example, 'floodplain administrator') and change 'the board' to 'the planning advisory commission'.
In the plan: 3.12 Ditches That Drain Before the Next Big Rain
Rules and regulations adopted
Chapter 50 Health And Sanitation
Sec. 50-1 adopts health rules 'adopted by the Georgia Department of Human Resources' under Chapters 290-5-14, -18, -25, -26, -55 and -57. Public health rules moved to the Georgia Department of Public Health and were renumbered (the 511- series). Drinking water rules are EPD rules. The section has no introductory adopting sentence and skips from (c) to (e).
Why it matters: Restaurant owners and residents looking up the rules will find agencies and rule numbers that no longer exist.
The fix: Re-adopt the current DPH and EPD rules by their current chapter numbers, with an 'as amended' clause and a clear adopting sentence.
Purpose
Chapter 78 Taxation
The 2022 Blighted Property Ordinance's purpose section says 'this board of commissioners' designated the redevelopment areas. That's county language, which suggests the ordinance was adapted from a county model without being fully edited for the city.
Why it matters: A visible drafting error in a tax-increase ordinance invites challenge from affected owners.
The fix: Change to 'the mayor and city council' and confirm the urban redevelopment area designation it refers to was actually adopted by the city.
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Complaints; adjustments
Chapter 86 Utilities
Bill disputes have to be presented "in person, at City Hall." The section also points to Sec. 86-6 for discontinuance, but the nonpayment cutoff rule is actually in Sec. 86-3.
Why it matters: Working residents, elderly residents, and people without a ride may lose their right to dispute a bill just because they can't get to City Hall during business hours.
The fix: Allow disputes by phone, mail, email or online, and fix the cross-reference to Sec. 86-3.
Employee drug testing — outdated references
Chapter 2 Administration
The drug-testing policy dates from 2000 and has never been amended. It requires labs to follow 'National Institute of Drug Abuse guidelines,' but federal lab certification has long been handled under SAMHSA/HHS Mandatory Guidelines. It cites DOT rules at '49 CFR 192, 193, or 195,' which are pipeline safety standards; DOT drug testing is in 49 CFR Part 40, with pipeline (gas utility) testing in Part 199 and CDL-driver testing in Part 382. It tells supervisors to 'call the sheriff' rather than city police. It refers to an antidrug program from 1990 and 1999.
Why it matters: The city runs a gas utility and employs CDL drivers, so wrong federal citations could mean testing that doesn't meet federal requirements.
The fix: Update the policy to cite 49 CFR Parts 40, 199 and 382 and the HHS/SAMHSA lab guidelines, and refer suspected crimes to the city police department.
Applicability
Chapter 10 Amusements And Entertainment
The 'game room' definition is dated and broad. It covers any establishment with 'any portion' of revenue from coin-operated pool tables or game machines 'such as ... pinball, baseball, or video games,' which could reach a restaurant or laundromat with one arcade machine. Coin-operated amusement machines (COAMs) are now heavily regulated by the state, with the Georgia Lottery overseeing Class B machines since 2013. The chapter footnote cites only O.C.G.A. § 48-17-1 et seq. Worth review by the city attorney for overlap with state COAM law.
Why it matters: Small businesses with a single game machine may not realize they need a separate city license and must close at midnight.
The fix: Set a minimum number of machines or a minimum revenue share, update the examples, and coordinate with state COAM rules.
Definitions / A-zone building standards
Chapter 46 Floods
The 2009 flood ordinance still has template drafting notes in the law text and uses older terms: NGVD 1929 as the datum (new FEMA maps use NAVD 88) and the 'Federal Insurance Administration' as the map issuer. It hasn't been compared to Georgia's current model flood ordinance since 2009.
Why it matters: Leftover drafting notes and old terms make the elevation rules ambiguous for anyone building in a flood zone.
The fix: When adopting the 2025 maps, update the article to the current Georgia DNR model flood damage prevention ordinance and remove the drafting notes.
In the plan: 3.12 Ditches That Drain Before the Next Big Rain
Same—Police chief
Chapter 58 Law Enforcement
The chief must submit the monthly uniform crime report 'to the Georgia Department of Public Safety.' In Georgia, crime reporting goes through the GBI's Georgia Crime Information Center (and now the FBI's NIBRS format), not the Department of Public Safety.
Why it matters: Naming the wrong state agency makes the code look out of date and may misdescribe the department's reporting duties.
The fix: Change to 'the Georgia Crime Information Center or other agency designated by state law.'
Powers and duties
Chapter 66 Planning
The planning commission's main duty is tied to 'the 2015 Greater Turner Comprehensive Plan.' Ashburn adopted the Turner County joint comprehensive plan update on February 4, 2021, and a 2026 joint plan has been prepared through the Southern Georgia Regional Commission. The 2021 plan still refers to the 'Greater Turner County Planning Advisory Commission.' The 2026 draft refers only to a 'Joint Planning and Zoning Commission' and a consolidated Building & Zoning Office. So whether GTPAC still exists under that name is unclear. The council did amend GTPAC's membership in 2021 (Ord. 2021-6).
Why it matters: Residents need to know which board actually reviews land use changes and which plan is current.
The fix: Confirm with the city and county whether GTPAC still operates under that name, then update Article II to name the current body and refer to 'the joint comprehensive plan as amended.'
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Excavation near the city's facilities
Chapter 86 Utilities
Customers are told to call "the city manager" 48 hours before digging near city gas equipment. The section doesn't mention Georgia 811, the locate-request system under the Georgia Utility Facility Protection Act (O.C.G.A. 25-9-1 et seq.), even though the chapter footnote cites that act.
Why it matters: A homeowner who follows only the city code might skip the state-required 811 call before digging, which is a safety risk around gas lines.
The fix: Tell residents to call 811 as state law requires, and also notify the city utilities office.
Definitions
Appendix A Zoning
Wireless definitions describe a cell facility as sending signals 'to a central switching computer which connects the mobile unit with the land-based telephone lines,' 'collation' is used for co-location, and radio/TV tower rules require FCC approval 'as to location.' Section 16 (towers) could not be reviewed, so it is unknown whether it reflects the federal Spectrum Act (2012) eligible-facilities rule, FCC small-cell orders (2018), or Georgia's 2019 Streamlining Wireless Facilities and Antennas Act for small cells in rights-of-way.
Why it matters: Outdated wireless rules can conflict with federal and state law that limits how cities regulate towers and small cells.
The fix: Have the city attorney review Section 16 and these definitions against current federal and Georgia wireless law; fix 'collation' to 'co-location.'
Regular and special meetings
Charter
Special-meeting notice to members may be given only 'personally, or by telephone personally.' Email and text are not provided for.
Why it matters: Outdated notice methods make it easier to dispute whether a special meeting was properly called.
The fix: Allow written or electronic notice with confirmation of receipt.
In the plan: 7.7 A Technology Audit
Police chief / fire chief vs. Director of Public Safety
Chapter 2 Administration
Since 2018, Sec. 2-3 has allowed a single Director of Public Safety in place of separate police and fire chiefs. Other sections still assign duties only to the 'Police Chief' or 'chief of police' or 'Fire Chief': the weapons exemption in 2-35, the property sale in 2-139, and the purchasing-card list in 2-172. Charter 4.17 names both.
Why it matters: If the position is titled Director, these duties and exemptions may not clearly apply to anyone.
The fix: Add a definition in Sec. 1-2 that 'police chief' and 'fire chief' include the Director of Public Safety, or amend each section.
Municipal bonds (registration, coupons, sinking fund)
Chapter 2 Administration
The bond division describes paper bearer bonds: holders register them at the clerk's window, the clerk stamps 'PAID' on coupons, and a 'standing finance committee' destroys them. Federal law (TEFRA, 1982) effectively ended tax-exempt bearer bonds, and modern municipal bonds are issued in book-entry form. The division also assigns duties to a 'city treasurer,' a 'municipal auditor' and a 'standing finance committee,' none of which the Charter or code otherwise creates. Sec. 2-161 cites 'O.C.G.A. Chapters 36—38 and 36—82,' a citation format that is confusing and may be wrong.
Why it matters: Debt rules should match how the city actually borrows and who actually manages the money.
The fix: Replace the division with a short section adopting the Georgia bond laws (O.C.G.A. § 36-82-1 et seq.), and assign duties to existing officers.
In the plan: 7.3 Get the Audits Caught Up, and Keep Them on Time
Gendered language
Chapter 2 Administration
Several sections use gendered terms. Sec. 1-9 and Sec. 2-61 use 'his' and 'he.' Sec. 2-48 and Sec. 2-232 use 'chairman' (Sec. 2-232's heading is '[Chairman; appointment.]'). Sec. 1-2 and Charter 7.14(c) rely on 'the masculine shall include the feminine.' Other parts of Chapter 2 and the Charter already use 'he or she' and 'chairperson' (e.g., Charter 3.11(g)).
Why it matters: Consistent, neutral language makes clear that every office is open to everyone.
The fix: Ask Municode to make nonsubstantive gender-neutral edits ('chairperson,' 'the officer') at the next supplement.
Submission to clerk-treasurer
Chapter 6 Alcoholic Beverages
Chapter 6 names several different offices for the same jobs. Brown bagging applications go to the 'clerk-treasurer' (6-182 to 6-184), while 6-176 and 6-188 say 'city clerk' and the rest of the chapter uses the 'finance director.' Fee schedules are said to be on file with the city clerk (6-69), in the city manager's office (6-75), and with the finance director (6-200).
Why it matters: Applicants don't know which office to go to or where to find the fee.
The fix: Use current office titles throughout and name one office as the keeper of the alcohol fee schedule.
Investigation of application
Chapter 6 Alcoholic Beverages
Officials and applicants are referred to as 'he/his' throughout (6-65, 6-70, 6-71, 6-78, 6-84, 6-166, 6-200, 10-49, 10-53, 10-105, 10-50), and 6-167 refers to the finance director as 'she/her.' Sec. 6-1(b) says either gender includes the other, but the language is dated.
Why it matters: Gender-neutral language is clearer and matches modern drafting practice.
The fix: Replace pronouns with the office title or 'the applicant' in the next amendment.
Prohibited conditions
Chapter 14 Animals
Gendered and dated wording throughout these chapters: 'he', 'his', 'him' for officers and owners; 'the handicapped' (18-105, also the Ch. 18 state-law footnote 'physically handicapped persons'); 'civil defense' (30-32). Some newer sections already use 'he or she'.
Why it matters: Modern, inclusive language reads better on a public code and matches newer sections.
The fix: Adopt a gender-neutral and person-first language cleanup in the next codification supplement.
Docket / service / subpoenas / indigent defense office
Chapter 34 Courts
The chapter mixes 'clerk of court' and 'city clerk' for court record-keeping and process. Article III's heading and Sec. 34-76's title say 'Indigent Defense Council' when the office is 'counsel.' Article III's editor's note gives Ord. No. 04-08 an adoption date of July 1, 2003, which doesn't fit the 2004 numbering.
Why it matters: Residents should be able to tell which office handles court records and payments.
The fix: Use one title (municipal court clerk) throughout, fix 'council' to 'counsel', and confirm the ordinance date.
Gendered and dated language (multiple sections)
Chapter 34 Courts
The older text uses 'he/his/himself' for defendants, officers and permit holders, though newer sections use 'he or she.' The rooming-house definition in 38-32 lists 'husband and wife' family relationships.
Why it matters: Consistent, neutral language makes the code read as applying equally to everyone.
The fix: Do a gender-neutral language cleanup in the next codification supplement.
Excessive, unnecessary, and unusually loud noise
Chapter 62 Offenses And Miscellaneous Provisions
The noise list refers to technology that no longer exists in Ashburn: street cars, 'street railway cars,' phonographs, 'radio receiving sets,' locomotive and stationary-boiler steam whistles, and steam shovels. It also has a typo ('which is case upon the public streets').
Why it matters: Outdated examples make the ordinance harder to apply to the sources residents actually complain about, like car stereos, generators and amplified events.
The fix: Modernize the list (vehicle audio, amplified sound, generators, leaf blowers) and fix the typo.
Organization, rules, staff, finances
Chapter 66 Planning
Several sections use masculine-only language: 'he' and 'himself' (62-41, 62-71, 62-177), 'chairman/vice-chairman' (66-33), 'the marshal shall exercise his best efforts' and 'the purchaser shall look for himself' (78-4, 78-5), and 'his' throughout 78-7, 78-8 and 62-102. Newer articles (Chapters 54 and 62 Art. VIII) already use 'he or she' or 'his/her.'
Why it matters: Gender-neutral wording reflects that officers, officials and residents are of all genders.
The fix: Make gender-neutral wording changes during the next codification update.
Who runs the utilities (inconsistent officials)
Chapter 86 Utilities
Different sections hand utility decisions to different officials. The city manager controls the waterworks (86-20), but the mayor must approve all service-line work and larger taps (86-21(c), 86-22). Tap fees are paid to the city clerk (86-21(a)). Sewer permits and approvals go through a "superintendent of utilities" (86-35, 86-39, 86-40), but septic permits go through the city manager (86-38). Gas excavation notice goes to the city manager personally (86-61).
Why it matters: Residents and contractors don't know who to call for permits and approvals, and requiring the mayor's personal sign-off on routine plumbing doesn't fit a city-manager form of government.
The fix: Name one utilities director or the city manager (or their designee) as the responsible official throughout Chapter 86.
In the plan: 3.10 Don't Wait for the Sewer Plant to Fail
Gendered and dated language in Chapter 86
Chapter 86 Utilities
Several sections use "he" or "his" for officials and owners: "the superintendent of utilities or his authorized deputy" (86-35), "He shall be allowed to inspect" (86-38(c)), "at his expense" (86-40(f),(h)), and "The owner, or his agent" (86-74(b)). Sec. 86-74(a)(4) also says "designed for use by the handicapped." Other sections in the chapter already use "his or her."
Why it matters: Dated wording makes the code read as neglected and doesn't match how the city talks to residents today.
The fix: Use gender-neutral wording and "persons with disabilities" or "accessible" in the next code update.
Sec. 2-3, 3-15, 4-2, 11-3, 11-7, 11-10, 12-1.2, 12-2, 12-4.2, 13-2.2, 13-2.7, 9-7.8Low priorityWe're sure Board of appeals
Appendix A Zoning
Male pronouns and 'chairman' are used throughout for the zoning administrator, board members, applicants and property owners.
Why it matters: Dated language that doesn't reflect who serves on boards or applies for permits.
The fix: Adopt gender-neutral wording ('chair,' 'the applicant,' 'they') in the next clean-up amendment.
Current Officials of the City of Ashburn
Code Of Ordinances City Of Ashburn, Georgia
The 'Current Officials' page appears out of date. The names listed don't match the city's current officials, and the City Manager is shown as 'Vacant.' The Georgia Municipal Association's 2026 directory lists a different mayor and council.
Why it matters: Residents who look up the code online may try to reach officials who no longer serve, or wrongly assume the city has no manager.
The fix: Have the city clerk send an updated officials list to Municode with the next supplement, and confirm the city manager's status.
In the plan: 7.7 A Technology Audit
Source we checked (opens in a new tab)
Definitions and rules of construction; Supplementation of Code
Chapter 1 General Provisions
Chapter 1 has not been amended since the 1983 Code. 'Writing' is defined as printing, numerals and pictures, with no mention of electronic records or e-signatures, which Georgia's Uniform Electronic Transactions Act (O.C.G.A. § 10-12-1 et seq.) recognizes. The 'Signature' definition refers to 'the mark of all illiterate or infirm persons.' Sec. 1-8 and the preface describe looseleaf printed page supplements, while the code is now kept online. The annual supplement requirement in Sec. 1-8 also appears not to be met, since the officials page is out of date.
Why it matters: Definitions shape the whole code, and leaving out electronic records can create doubt about emailed or online filings.
The fix: Update the definitions to include electronic records and signatures, modernize the wording, and confirm the annual supplement schedule with Municode.
In the plan: 7.7 A Technology Audit
Identity Theft Prevention Program
Chapter 2 Administration
The identity-theft program dates from 2008 and has not been amended. It treats 'pager numbers' as a red flag and requires passwords changed regularly by the city clerk; current federal guidance (NIST SP 800-63B) advises against forced periodic changes. It has citation errors: '15 U.S.C. § 1681(c)(h)(1)' should be § 1681c(h)(1), and '31 U.S.C. § 5318(1)' should be § 5318(l). Sec. 2-289 requires an annual review by the mayor and council, but the code shows no update since adoption. The headings also contain typos ('Incoporation,' 'conficting').
Why it matters: Utility customers' Social Security numbers and bank information deserve up-to-date protections.
The fix: Refresh the program to reflect current FTC Red Flags guidance, current cybersecurity practice and Georgia's breach-notice law, and document the annual review.
Definitions
Chapter 10 Amusements And Entertainment
Some adult business definitions are outdated or uneven. 'Adult motion picture arcade' refers to 'coin or slug-operated' machines and 'motion picture' projectors. 'Adult video store' refers to 'video tapes' and kicks in when just 5% of floor space or sales involves adult material, far below the 20% threshold for 'adult store' and 'adult bookstore.' At 5%, an ordinary video or media retailer could arguably be swept in.
Why it matters: A low, uneven threshold can reach mainstream businesses and invites legal challenge.
The fix: Modernize the definitions to cover digital media and use one consistent 'substantial or significant portion' threshold.
Internet cafes shall be open to view and accessible to the public
Chapter 10 Amusements And Entertainment
Internet cafe surveillance rules refer to 'Videotapes, DVDs' and require surveillance of 'the operation of all internet sites,' which is dated wording and unclear in scope (cameras vs. monitoring what customers browse).
Why it matters: Unclear surveillance rules can raise customer privacy concerns and make compliance hard to judge.
The fix: Require camera coverage of the premises and transactions with 30-day digital retention, and drop the 'internet sites' language.
Vaccination of animals required
Chapter 14 Animals
Rabies certificates must be 'prepared in triplicate' with a copy filed at the Turner County Board of Health, and the tag must be 'issued for the current year' — paper-era requirements that don't match multi-year rabies vaccines or electronic vet records. The Article IV footnote also cites 'animal bites, O.C.G.A. § 31-9-4' (should be § 31-19-4).
Why it matters: Pet owners with valid 3-year shots or digital records could technically be out of compliance.
The fix: Require proof of current vaccination per state rules (paper or electronic) and correct the statute citation.
In the plan: 6.5 Loose Dogs and Stray Animals, 7.7 A Technology Audit
Enforcement; violations
Chapter 22 Businesses
Refers to offices or instruments that don't exist or have changed: tax executions are to be levied 'by the sheriff of the city' (there is no city sheriff; Georgia cities use the marshal/police or county sheriff), and pawnbrokers and monument companies need a 'business license' from the city clerk, though the city now issues occupation tax certificates filed with the city manager (22-39).
Why it matters: Inconsistent names make it unclear who collects or issues what.
The fix: Update to the correct officer and to 'occupation tax certificate' throughout.
Daily reports
Chapter 22 Businesses
Pawnbrokers must file daily 'written reports at 10:00 a.m.' with the police chief and keep a bound record book in ink with no blank lines or erasures — a paper process. Most agencies now use electronic transaction reporting, and Georgia pawnbroker law (O.C.G.A. § 44-12-130 et seq.) governs records. This article has no history note, so it hasn't changed since the 2007 code.
Why it matters: Paper-only reporting slows stolen-property recovery for residents who've been burglarized.
The fix: Allow or require electronic reporting and align record requirements with state pawnbroker law.
In the plan: 7.7 A Technology Audit
Due compensation for telephone companies with end user retail customers within the city
Chapter 22 Businesses
Article is titled 'Telephone and Telegraph Companies' and refers to telegraph companies; the 3% due-compensation rule still carries transition language for franchises ending 'December 31, 2012'. It covers only landline local service revenue and says nothing about wireless small-cell facilities in rights-of-way (Georgia's 2019 Streamlining Wireless Facilities and Antennas Act, O.C.G.A. § 36-66C) or state video franchises — check whether those are covered elsewhere in the code.
Why it matters: As landlines decline, this revenue shrinks, and the city may lack rules for 5G poles on its streets.
The fix: Retitle and clean up expired text; confirm a small-cell/right-of-way ordinance exists or adopt one.
In the plan: 7.7 A Technology Audit
Fees and charges / Trial of violators
Chapter 42 Fire Prevention And Protection
The burning article's penalty section repeats general court powers, including punishment by 'compulsory work on the streets.' The fees ($50 per hour standby, $500 suppression) haven't changed since 2006.
Why it matters: Forced street work is an outdated penalty, and the fees may no longer cover the city's real costs.
The fix: Replace 42-65 with a reference to the city's general penalty provision, and review the standby and suppression fees.
Cleanliness of vehicles; construction, covering, etc
Chapter 70 Solid Waste
Garbage trucks must be 'certified ... by the Motor Vehicle Division of the Georgia Department of Public Safety.' That division no longer exists in DPS. Commercial vehicle safety is handled by DPS's Motor Carrier Compliance Division, and vehicle registration by the Department of Revenue.
Why it matters: Haulers can't comply with a certification from an agency that no longer exists.
The fix: Require compliance with applicable state commercial vehicle safety rules without naming a defunct division.
Remediation or redevelopment
Chapter 78 Taxation
To lift a blight designation, an owner needs a plan 'approved by the city's planning and development director' and signed by 'the director of the city's planning and development department.' That office isn't defined anywhere in this part of the code. The 2026 joint plan describes a consolidated Building & Zoning Office.
Why it matters: An owner trying to fix a property needs to know exactly who approves the plan.
The fix: Name the actual office (or 'the public officer or designee').
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Private sewage disposal
Chapter 86 Utilities
Septic systems are tied to the "recommendations of the State Department of Natural Resources." Georgia's on-site sewage (septic) rules are now run through the Department of Public Health and the county health department. The section also mixes up who inspects: the city manager issues the permit, but inspection follows "receipt of notice by the superintendent."
Why it matters: Homeowners putting in or repairing a septic system may be sent to the wrong agency.
The fix: Point to the Georgia Department of Public Health on-site sewage rules and the Turner County Health Department, and name one city official responsible.
Building sewers and connections (materials)
Chapter 86 Utilities
The pipe material rules are outdated and partly wrong. They list "plastic pipe, ASTM Specifications A74," but A74 is the standard for cast iron soil pipe, not plastic. They require "cast iron soil pipe with leaded joints" within 10 feet of a water line and in unstable ground, and they assume basements. Modern work uses PVC and mechanical joints under the Georgia state minimum plumbing code.
Why it matters: Outdated pipe rules can add cost for homeowners and plumbers, or conflict with the state plumbing code inspectors actually use.
The fix: Replace the materials list with a reference to the current Georgia State Minimum Standard Plumbing Code.
In the plan: 3.10 Don't Wait for the Sewer Plant to Fail
Special provisions for certain uses
Appendix A Zoning
Home occupation rules predate remote work and online sales: only products made on site may be sold, the examples list 'addressing service,' 'drafting,' and 'photographic darkroom,' and there is no category for online or remote work with no customer visits.
Why it matters: Many residents now work from home or sell online and may not know whether they're in compliance.
The fix: Update Section 9-1 to address remote work and online businesses with no customer traffic and modernize the examples.
In the plan: 7.7 A Technology Audit
Amendment
Appendix A Zoning
Hearing records must be 'mechanically' recorded by the city clerk, and notice relies only on a newspaper 'published and circulated in Ashburn' and mail; there's no provision for posting notices or agendas online.
Why it matters: Residents increasingly look online for hearing notices; online posting improves transparency.
The fix: Update to allow audio/video recording and require online posting of zoning notices in addition to legal requirements.
In the plan: 7.1 You'll Know Before and After, 7.7 A Technology Audit
Worth a legal review (49)
Weapons
Chapter 22 Businesses
Two local firearms restrictions likely conflict with Georgia's firearms preemption statute, O.C.G.A. § 16-11-173, which bars cities from regulating the possession, carrying, sale or display of firearms: 22-57 bans pawnbrokers from displaying firearms visible from the street, and 26-2(d) bans bringing firearms into city cemeteries except for military honor guards. Georgia allows lawful carry on most government-owned outdoor property.
Why it matters: Unenforceable rules can expose the city to lawsuits and fee awards and mislead residents.
The fix: Worth review by the city attorney; likely repeal both provisions.
Sign regulations
Appendix A Zoning
Sign rules from 1996 sort signs by what they say (real estate signs, signs for 'religious, charitable, civic, fraternal, political' campaigns, bulletin boards announcing church or school meetings, identification signs). After Reed v. Town of Gilbert (2015), rules that treat noncommercial signs differently based on content generally get strict scrutiny. The purpose statement only addresses 'signs of a commercial nature,' only listed signs may be erected, and there is no message-substitution clause protecting noncommercial speech. (Note: the on-premise vs. off-premise billboard distinction was upheld as content-neutral in City of Austin v. Reagan National Advertising, 2022.)
Why it matters: Content-based sign rules are a common source of lawsuits and attorney-fee awards against small cities, and they affect yard and campaign signs residents put up.
The fix: Have the city attorney rewrite Section 10 in content-neutral terms (size, number, placement, duration by sign type) and add a message-substitution/severability clause.
Public comment at city council meetings
Chapter 2 Administration
Several 2018 public-comment rules may raise First Amendment concerns. The section bans 'derogatory' remarks, bans any comment on pending criminal charges until ten days after final judgment, bars violators from speaking for 60 days, and requires every speaker to give a home address. In 2024 the 11th Circuit, which covers Georgia, held that a school board's bans on 'abusive' and 'personally directed' public comments violated the First Amendment.
Why it matters: Residents have a right to speak at public meetings, and overbroad rules can expose the city to lawsuits.
The fix: Worth review by the city attorney: limit the rules to viewpoint-neutral time, place and manner restrictions and actual disruption, and reconsider the 60-day ban and the home-address requirement.
In the plan: 7.1 You'll Know Before and After
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Loitering prohibited
Chapter 6 Alcoholic Beverages
The loitering and congregating bans are broad. 6-211 makes it an offense for anyone to stay outside a bar or restaurant with an on-premises license for more than five minutes. 6-212 makes it an offense for two or more people to 'remain in company with each other for more than five minutes' outside. Neither requires any bad conduct or intent, so they could cover people waiting for a ride, chatting on a public sidewalk, or smoking. Bans like these raise vagueness and First Amendment (assembly) concerns. Worth review by the city attorney.
Why it matters: Ordinary customers standing outside a restaurant could technically be cited, and the rule is open to uneven enforcement.
The fix: Narrow these to conduct-based offenses (blocking entrances, disorderly conduct, drinking outside the licensed area) or repeal them in favor of the general disorderly conduct laws.
Definitions
Chapter 6 Alcoholic Beverages
The event rules cover almost any gathering. An 'event' is any gathering of 'two or more persons'; a 'public event' is one where the public is invited. Every public event needs an annual property license, 14 days' written notice to the police chief, and a POST-certified officer paid by the sponsor. That could reach yard sales, church picnics, block parties or political gatherings on private property, alcohol or not. Requiring advance notice and charging sponsors for police for any public gathering raises prior-restraint and First Amendment concerns (see Forsyth County v. Nationalist Movement, 1992). The code also contradicts itself: 6-144 requires an officer only at events of 25 or more people, while 6-152 requires one at every public event. Worth review by the city attorney.
Why it matters: A family or nonprofit hosting a small public gathering could be breaking city law without knowing it.
The fix: Limit Division 2 to events where alcohol is sold or served (or above a set attendance size), and make the officer requirement consistent and tied to size and risk.
Location
Chapter 10 Amusements And Entertainment
Stacked 1,000-foot buffers (from residential-zoned land, churches, schools, parks, day cares, government buildings, every alcohol licensee, and each other), plus the downtown exclusion, may leave few or no lawful sites in a town Ashburn's size. Under Renton v. Playtime Theatres (1986) and related cases, a city must leave reasonable alternative avenues for adult businesses, and 10-31 itself says the rules 'cannot de facto approach prohibition.' Worth a site-availability study and review by the city attorney.
Why it matters: If no site qualifies, a court could strike down the whole ordinance and leave the city with less control.
The fix: Map the parcels that remain eligible and adjust buffers if needed to leave a defensible number of sites.
In the plan: 4.1 A Maintenance Standard for our Parks
Applicability
Chapter 10 Amusements And Entertainment
The 'internet cafe' definition is broad enough to cover ordinary businesses. It includes any business offering, even 'incidental to its other businesses,' two or more internet-connected computers, or 'access to two or more connections to the internet for the use of customer-furnished computers.' Read literally, that covers any restaurant, coffee shop, motel or store with customer Wi-Fi. Those businesses would then need a police-investigated license, close by midnight (10-98), keep 30 days of video surveillance (10-95), and follow the under-18 rules. The 2019 ordinance was likely aimed at sweepstakes-style internet cafes. Worth review by the city attorney.
Why it matters: A local diner offering free Wi-Fi could technically be operating an unlicensed 'internet cafe.'
The fix: Narrow the definition to businesses whose main purpose is providing computers or terminals for customer use (or sweepstakes or prize play), and exempt incidental Wi-Fi.
Contempt for failure to appear
Chapter 34 Courts
The code says a defendant arrested on a failure-to-appear warrant stays confined 'until such time as the defendant posts bond and pays the fine(s) outstanding.' Holding someone because they can't pay raises ability-to-pay concerns under Bearden v. Georgia (1983) and Georgia's 2018 bail reform (SB 407), which requires courts to consider ability to pay. Sec. 34-17(c) already leaves financial-ability decisions to the judge.
Why it matters: Residents shouldn't be jailed simply for being unable to pay, and the city could face legal exposure if this wording is followed literally.
The fix: Worth review by the city attorney: remove the pay-to-be-released language and refer to the judge's bail and ability-to-pay determinations under current state law.
Parades
Chapter 74 Streets, Sidewalks And Other Public Places
The parade permit rule requires a permit for any 'march, ceremony, demonstration, exhibition, or procession of any kind' on a public street. It has no minimum group size, requires 24 hours' notice, leaves the decision to the mayor with no deadline ('as soon as possible'), and makes no allowance for spontaneous events responding to news. Permit schemes for street demonstrations are a classic First Amendment issue: courts look for narrow, objective standards and prompt decision deadlines. The application form ('Attachment A') isn't in the online code.
Why it matters: Citizens organizing a march, vigil or rally need a clear, fair and prompt permit process, and the city needs one that holds up in court.
The fix: Worth review by the city attorney: add a size threshold, a firm decision deadline (with approval if no decision is made), a spontaneous-event provision and an appeal path, and post the application form online.
In the plan: 7.7 A Technology Audit
Charges, fees, and rates; Suspension of service; Access to premises
Chapter 86 Utilities
Sec. 86-3(b) says service "shall be terminated" if the bill isn't paid by the 20th, with no notice or chance to dispute. Sec. 86-6 lets the city cut service "without notice" for things like "willful disregard of the city's rules." But Sec. 86-9(e) says the city will give notice before terminating for nonpayment. The code also has no hardship, medical, or extreme-weather protections. U.S. Supreme Court precedent (Memphis Light, Gas & Water v. Craft, 1978) generally requires city-owned utilities to give customers notice and a way to dispute a bill before shutoff.
Why it matters: Families can lose water and gas within days of a missed payment, and the code doesn't clearly promise them notice or a hearing.
The fix: Have the city attorney review the cutoff rules and adopt one clear disconnection procedure with written notice, a dispute or hearing step, and possibly hardship or weather protections.
In the plan: 3.3 Find Out What's Driving Your Water Bill
Specific powers — special areas of public regulation
Charter
The Charter grants the city power to 'regulate or prohibit ... the use and sale of firearms.' Georgia's firearms preemption statute, O.C.G.A. § 16-11-173, generally bars cities from regulating the possession, sale, transfer or carrying of firearms. So this power is largely unusable and could mislead people.
Why it matters: An ordinance passed in reliance on this wording would likely be preempted by state law and could expose the city to lawsuits.
The fix: Worth review by the city attorney; at the next charter clean-up, add 'to the extent permitted by general law' or remove the firearms wording.
Teen/adult social club security
Chapter 22 Businesses
Titled '[Teen/adult social club security]' but the text applies to any business paying occupation tax that allows 25 or more people between 10 p.m. and 6 a.m. — which would include 24-hour stores, restaurants, plants with night shifts, churches' rented halls, etc. — requiring paid POST-certified officers.
Why it matters: Read literally, it imposes an expensive police-staffing mandate on ordinary late-night businesses and is likely unenforced, inviting selective enforcement claims.
The fix: Limit the text to 'teen/adult social clubs' as defined in 22-33(32) and have the city attorney review.
Weapons prohibited at meetings
Chapter 2 Administration
This 2014 ordinance bans all weapons at council meetings, relying on the government-building screening exception in O.C.G.A. § 16-11-127. That exception generally applies only when entry is actually screened by security personnel, so the ban should be tied to screening being in place. The ordinance refers to a 'Georgia weapons carry license' and has not been updated for the 2022 constitutional-carry law ('lawful weapons carrier'). The ordinance does not say how meetings held somewhere other than City Hall, or without screening staff, are handled. It also exempts only staff under the 'Police Chief' (see the public-safety title flag).
Why it matters: Georgia's firearms preemption law (O.C.G.A. § 16-11-173) lets people sue cities whose gun rules go beyond what state law allows.
The fix: Worth review by the city attorney: update the ordinance to current § 16-11-127 and § 16-11-173 language, and state that the ban applies only while screening is in place.
Employee drug testing — scope of suspicionless testing
Chapter 2 Administration
The city reserves the right to test 'any and all applicants,' and requires a drug and alcohol test whenever an employee takes any employment-related physical. For a public employer, suspicionless testing of people in jobs that aren't safety-sensitive can raise Fourth Amendment issues (see Chandler v. Miller, 1997, which struck down Georgia's candidate drug-testing law, and later 11th Circuit cases). The section says the positions to be tested are 'clearly stated in the policy and program description,' but that document is not in the code.
Why it matters: Overbroad testing could expose the city to lawsuits from employees or applicants.
The fix: Worth review by the city attorney: limit suspicionless testing to listed safety-sensitive positions and put that list in the code.
Qualifications of license
Chapter 6 Alcoholic Beverages
Brown bagging licenses are limited to Turner County residents. A residency requirement for a business license can raise equal protection and commerce concerns, and no other Chapter 6 license has this rule. Worth review by the city attorney.
Why it matters: A qualified business owner who lives in a neighboring county can't get a BYOB license in Ashburn.
The fix: Drop the county-residency requirement, or replace it with a requirement for a local registered agent or manager.
Application—Investigation
Chapter 10 Amusements And Entertainment
The adult business licensing process lacks firm deadlines and limits on discretion. The city gets 'up to 45 days' to investigate, and the mayor and council 'may grant' at the next meeting, with no deadline for a decision and no deemed approval. 'Good moral character' and 'crime involving moral character' are used as screens. The Supreme Court (FW/PBS v. Dallas, 1990; City of Littleton v. Z.J. Gifts, 2004) requires licensing of expressive businesses to have short, definite decision deadlines and prompt judicial review. Worth review by the city attorney.
Why it matters: Licensing rules without deadlines are a common reason courts strike down adult business ordinances.
The fix: Add a fixed decision deadline, automatic approval or a provisional permit if the city misses it, and an explicit right to prompt superior court review.
Gambling devices prohibited
Chapter 10 Amusements And Entertainment
The ban on 'baseball tickers' and on 'posting of results of sporting events' in billiard rooms is an old anti-bookmaking rule. It's now obsolete, and as a content-based restriction on information it may conflict with the First Amendment after Reed v. Town of Gilbert (2015). It also clashes with the 'sports bar' license in Chapter 6, which requires TVs showing sports at least 75% of the time.
Why it matters: A sports bar with a pool table could be violating city law just by showing a score.
The fix: Delete the ticker and results ban and rely on the general gambling prohibition.
Rights of officials for emergency entry
Chapter 14 Animals
Allows any animal control officer, health representative, police officer or 'other city or county official' to force entry onto occupied or unoccupied property without permission or a warrant whenever they have 'reasonable cause' to believe an animal situation is hazardous, and makes refusal a misdemeanor. Emergency-entry powers are narrower under the Fourth Amendment (exigent circumstances); criminalizing refusal of a warrantless inspection is constitutionally sensitive.
Why it matters: Residents' homes could be entered without a warrant and they could be charged for objecting.
The fix: Worth review by the city attorney; limit to true exigent circumstances and remove the misdemeanor for refusing entry, relying on inspection warrants otherwise.
In the plan: 6.5 Loose Dogs and Stray Animals
Confiscation of suspected abused animals
Chapter 14 Animals
On a finding of abuse by the animal control officer alone, 'the animal will become the property of the city' — before any court adjudication — and owners pay impound costs even if cleared. Forfeiture without a hearing raises due process concerns; Georgia law has its own procedures for impounded abused animals (O.C.G.A. § 4-11-9.2 et seq.).
Why it matters: An owner could lose a pet and be billed without a hearing, even if the officer turns out to be wrong.
The fix: Worth review by the city attorney; align with state animal-protection forfeiture procedures and provide a hearing before transfer of ownership.
In the plan: 6.5 Loose Dogs and Stray Animals
Permit required
Chapter 22 Businesses
The special events permit covers parades, rallies and walks on city property but imposes a 30-day minimum advance application (no exception for spontaneous expression), $1,000,000 insurance, a $350 deposit refunded 'per the discretion of city administration', and one police officer per 100 attendees at the applicant's expense, and lets the city manager add 'any other conditions'. Courts scrutinize permit schemes for expressive events for long notice periods, cost-shifting for security, and unbridled official discretion (e.g., Forsyth County v. Nationalist Movement, 1992). The insurance waiver for events responding to recent news doesn't waive the 30-day notice.
Why it matters: Residents organizing a rally, vigil or march on short notice could be blocked or priced out, and the city could face a First Amendment challenge.
The fix: Worth review by the city attorney; add a short-notice path for spontaneous expressive events, objective standards for deposits/refunds and security, and fee waivers for indigent or First Amendment events.
Authority to waive procedures and fee structures
Chapter 30 Civil Emergencies
During a declared emergency, council meetings may be called by the presiding officer or any two members 'without regard to or compliance with time-consuming procedures and formalities otherwise required by law'. A city ordinance can't waive the Georgia Open Meetings Act (O.C.G.A. § 50-14-1), which has its own emergency-meeting notice rules.
Why it matters: Residents are entitled to notice and access to council meetings even during emergencies.
The fix: Worth review by the city attorney; amend to require compliance with the Open Meetings Act's emergency provisions.
In the plan: 7.1 You'll Know Before and After
Minimum costs; working out
Chapter 34 Courts
This provision from the 2007 code makes defendants who can't pay court costs work two days on public works. Compelled labor for unpaid costs is outdated, and it doesn't fit current state law on indigency, community service and fine alternatives, which Sec. 34-17(c) leaves to the judge.
Why it matters: Low-income residents could be treated differently from people who can pay, and the rule may not match how the court operates today.
The fix: Worth review by the city attorney: replace it with a reference to judicial ability-to-pay findings and voluntary community service as state law allows.
Holding defendant when court lacks jurisdiction
Chapter 34 Courts
The code still lets 'the mayor' set bond and commit a defendant to jail. That is a judicial function, and the 2018 Sec. 34-17(c) says the judge or judge pro tempore is 'solely responsible for judicial decisions,' including bail.
Why it matters: Elected officials making bail and jail decisions mixes politics with the court and conflicts with the city's own 2018 judicial independence language.
The fix: Worth review by the city attorney: take out the mayor's role so only the judge or judge pro tem acts.
Discharge of firearms
Chapter 62 Offenses And Miscellaneous Provisions
This is a citywide ban on firing any firearm, unchanged since the 1983 code. Georgia's preemption statute, O.C.G.A. § 16-11-173(e), expressly lets cities 'reasonably limit or prohibit' discharge, so the ban itself is likely within the city's power. But the only exceptions are self-defense and on-duty law enforcement or military. There are none for licensed ranges, ceremonial blanks such as honor guards at funerals or veterans' events, or animal control. The state-law note also lists O.C.G.A. § 16-11-105 (Sunday discharge) twice.
Why it matters: Residents should know discharge is banned. Because the ban is so broad, it could technically cover routine ceremonial or range activity.
The fix: Have the city attorney confirm the ban stays 'reasonable' under § 16-11-173(e), consider adding narrow exceptions (ranges, blanks or ceremonies, wildlife control), and update the state-law references.
In the plan: 6.5 Loose Dogs and Stray Animals
Source we checked (opens in a new tab)
Distribution of obscene materials
Chapter 62 Offenses And Miscellaneous Provisions
The 1986 obscenity ordinance nearly copies state law O.C.G.A. § 16-12-80, including (c), which treats sexual devices as obscene, and a ban on 'advertising' them. The Eleventh Circuit held that the state statute's ban on advertising such devices violates the First Amendment (This That & The Other Gift & Tobacco v. Cobb County, 2002). The ordinance also duplicates a state crime, which the chapter's own footnote flags as limited by O.C.G.A. § 36-35-6. The text uses 'simulation' where the state statute says 'stimulation,' and uses 'he' throughout.
Why it matters: An ordinance that is partly unenforceable, or that duplicates a state crime, invites legal challenge and confuses residents.
The fix: Ask the city attorney whether to repeal Article II and rely on state law, or at least strike the device-advertising language.
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Prohibited
Chapter 62 Offenses And Miscellaneous Provisions
Subsections (a)–(b) track the state loitering statute, O.C.G.A. § 16-11-36, which Georgia courts have upheld. Subsections (c)–(d), adopted in 1993, go further. They criminalize anyone who would 'loiter, loaf, wander, stand or remain idle' in a way 'tending to hinder' passage, or interfering with a business, and they make refusing a move-on order a crime. Broad 'tending to' and 'remain idle' language is the kind that has drawn vagueness and overbreadth challenges elsewhere. The section also uses 'he' and 'himself.'
Why it matters: Vague loitering rules can be enforced unevenly and can sweep in lawful activity like standing on a sidewalk or peaceful gatherings.
The fix: Worth review by the city attorney: narrow (c)–(d) to actual obstruction after a warning, or rely on § 16-11-36 and § 16-11-43 (obstructing passages).
Excessive, unnecessary, and unusually loud noise
Chapter 62 Offenses And Miscellaneous Provisions
The general standard bans any noise that 'annoys' or 'disturbs' anyone, and it lists 'yelling, shouting, hooting, whistling, or singing on the public streets' and loudspeakers used for commercial advertising. Courts have looked hard at noise ordinances based on whether someone is annoyed, and at rules that single out speech or kinds of messages. There are no measurable limits such as decibels or distance, except the 50-foot audibility rule for sound devices.
Why it matters: A subjective 'annoys' standard is hard to apply consistently and could reach protected activity like street preaching or campaign events.
The fix: Worth review by the city attorney: adopt objective standards (plainly audible at a set distance during set hours, or decibel limits) that don't depend on content.
Disorderly conduct enumerated
Chapter 62 Offenses And Miscellaneous Provisions
The disorderly conduct rules make it an offense to be 'singing, chanting ... handclapping' or quarreling in a way that would 'annoy or disturb' anyone nearby. That is a broad, subjective standard that can reach protected expression. Sec. 62-177 says punishment may be 'probated by the magistrate,' but cases go to municipal court. It also refers to 'subsection (3),' although the section's paragraphs are numbered (1)–(4) without subsections.
Why it matters: Rules this broad can be enforced unevenly against protests, worship or campaign events.
The fix: Worth review by the city attorney: tie the offense to unreasonable noise or fighting words, and correct the court and cross-reference language.
Law enforcement acting in official capacity
Chapter 62 Offenses And Miscellaneous Provisions
This ordinance declares that any officer acting under the disorderly conduct article 'is not criminally or civilly liable to any person therefor.' A city ordinance generally can't create immunity from state tort law or federal civil-rights claims.
Why it matters: It promises officers and residents a legal protection that the city likely can't provide.
The fix: Worth review by the city attorney: likely repeal, or replace with a statement that state and federal immunity law applies.
Same—Police officers
Chapter 58 Law Enforcement
Officers are barred from 'releasing any information covering the affairs, business, or operation of the police department without the consent of the city council.' Georgia's Open Records Act (O.C.G.A. § 50-18-70 et seq.) requires timely release of many police records, such as incident reports, regardless of council consent.
Why it matters: Read literally, this conflicts with residents' right to public records and could slow lawful requests.
The fix: Worth review by the city attorney: limit the rule to unauthorized disclosures and state that Open Records Act requests follow state law.
Levied
Chapter 78 Taxation
The hotel-motel tax (2009) reaches only operators 'licensed by or required to pay business or occupation taxes to the city.' Georgia law has since been amended (2020) to have online 'marketplace innkeepers' such as short-term rental platforms collect hotel-motel taxes, which may not be captured by this wording. The section punishes record-keeping failures with up to '12 months' imprisonment, which exceeds the code's general 180-day maximum (Sec. 1-12) and is worth checking against municipal court limits. It also imposes a 50% penalty on taxable proceeds when records aren't CPA-certified, a heavy burden for small motels.
Why it matters: Short-term rentals may be going untaxed, and the penalties could be unenforceable or out of proportion.
The fix: Worth review by the city attorney: update to cover marketplace innkeepers under current O.C.G.A. § 48-13-50 et seq., and align penalties with municipal court limits.
In the plan: 8.6 Follow the Hotel-motel Tax, 7.7 A Technology Audit
Ad valorem tax increase on blighted property
Chapter 78 Taxation
The blight tax applies 'on all real property within the city' once designated, and the sentence is garbled ('so that such property shall be taxed at a higher millage rate generally applied'). The constitutional authority it relies on (Ga. Const. art. IX, § II, ¶ VII(d)) and the purpose section tie the program to areas designated under the Urban Redevelopment Law (O.C.G.A. Title 36, Ch. 61). Whether the tax may apply outside a designated redevelopment area, and whether an urban redevelopment plan is in place, is worth confirming. The owner-occupied home exemption is included.
Why it matters: A seven-times tax on a property is a big penalty, and owners will challenge it if the legal basis isn't clean.
The fix: Worth review by the city attorney: confirm the redevelopment-area requirement and the enabling statute citations, and fix the sentence to read 'a higher millage rate than the rate generally applied.'
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Definitions
Appendix A Zoning
The 'care home' definition expressly excludes facilities for 'mental patients, alcoholics, drug addicts,' and the hospital definition refers to 'senile psychotics or drug addicts.' The federal Fair Housing Act treats people with disabilities, including people in recovery, as a protected class, so definitions that single them out for different zoning treatment can create fair-housing risk. Whether this actually matters depends on how Section 5 (not reviewed) treats these homes. Personal care home tiers (family 2-6, group 7-15, congregate 16+) also should be checked against current Georgia licensing categories (e.g., assisted living communities).
Why it matters: Group homes for people with disabilities are a frequent subject of fair-housing complaints, and the wording is outdated and stigmatizing.
The fix: Have the city attorney review these definitions and Section 5 group-home rules for Fair Housing Act compliance and update the terms to current person-first language.
Charter election/term provisions amended by Res. No. 02-02
Charter
Four Charter sections were changed by a city resolution (Res. No. 02-02, 2-25-2002), not by an act of the General Assembly: council and mayor terms and residency (2.11, 2.27), the election schedule (5.11), and the plurality rule (5.13). Georgia's Home Rule Act bars cities from using home rule to take 'action affecting the composition and form of the municipal governing authority, the procedure for election ... and the continuance in office' of members, except as Title 21 authorizes. Title 21 does let a charter or ordinance adopt plurality voting (§ 21-2-501(b)), but changes to terms and the election schedule are less clearly within a city's power. In addition, home-rule charter amendments are normally adopted by ordinance under O.C.G.A. § 36-35-3, not by resolution.
Why it matters: If these changes were never ratified by a local act, the rules on terms and elections could be open to challenge.
The fix: Worth review by the city attorney: confirm whether a later local act ratified these changes, and if not, ask the local legislative delegation for one.
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Fees assessed
Chapter 34 Courts
A city-created cost is added to every criminal case. Each year it is calculated by dividing what the city paid the prosecutor and defense counsel by the number of cases. Georgia tightly limits court add-on fees, so this formula-based cost deserves a check against current state law. Charging every defendant, including indigent ones, for the city's prosecutor and public defender may also raise fairness concerns.
Why it matters: This fee raises what every defendant pays, and if it isn't authorized it could have to be refunded.
The fix: Worth review by the city attorney for statutory authority, and publish the current year's amount.
Access to premises; implied right-of-way
Chapter 86 Utilities
Just accepting city service is "deemed to grant to city an implied right-of-way over the premises." That bars the owner, and their heirs and successors, from building over or changing the grade above city lines, with no written easement, recording, or set width. The city can also relocate equipment at the customer's sole expense whenever it decides a condition is dangerous.
Why it matters: Homeowners could find unrecorded limits on their own land that affect building plans or a future sale.
The fix: Have the city attorney review whether implied easements created by ordinance hold up, and use recorded written easements instead.
Animal exposed to rabies barred from city
Chapter 14 Animals
Bars bringing 'any animal into the city in which rabies has been present within six months' — the grammar makes it unclear whether it means an animal that had rabies, an animal exposed to rabies, or an animal from a place where rabies has been present (which would cover most of Georgia).
Why it matters: A vague rule can't be fairly enforced and could technically cover anyone moving to town with a pet.
The fix: Rewrite to cover animals known to be exposed to or infected with rabies within six months.
In the plan: 6.5 Loose Dogs and Stray Animals
Requirements generally
Chapter 22 Businesses
Lifetime bar: no pawnbroker license for anyone ever convicted of receiving stolen goods, burglary or robbery, and no pawnbroker may employ such a person, with no time limit or individualized review.
Why it matters: Permanent employment bans affect people who served their sentences decades ago.
The fix: Worth review by the city attorney for consistency with state pawnbroker law; consider a look-back period.
Use of property
Chapter 22 Businesses
Downtown outdoor-sales permit ($5, max two per year, 2007) may be denied if the display is 'unsightly or offensive' in the city's 'sole judgment' — a subjective standard that gives unbridled discretion.
Why it matters: Vendors could be treated inconsistently, and the two-per-year cap limits downtown activity.
The fix: Replace subjective standards with objective criteria (sidewalk clearance, safety) and revisit the cap and fee.
Right to remove
Chapter 26 Cemeteries
The city may remove any inscription it determines to be 'offensive or improper' from a monument — a content-based, undefined standard applied to private speech on lots families have purchased.
Why it matters: A family's headstone wording could be removed based on an official's personal judgment.
The fix: Worth review by the city attorney; use objective, content-neutral standards or a pre-approval process.
Closed or restricted areas and curfews during emergency
Chapter 30 Civil Emergencies
The emergency curfew bans being in public streets, parks, eating places, vacant lots 'or any other place' in the designated area during set hours, with no exceptions for people going to or from work, seeking medical care, fleeing danger, the news media, or people with no home to shelter in. Emergency curfews are generally upheld but must be narrowly drawn.
Why it matters: Residents could be cited for going to a night shift or the hospital during a curfew.
The fix: Worth review by the city attorney; add exceptions for work travel, medical needs, media, and homeless individuals, and limit to public places.
In the plan: 4.1 A Maintenance Standard for our Parks
Right not conferred by article
Chapter 74 Streets, Sidewalks And Other Public Places
Sidewalk display or sidewalk dining requires council approval, which may be denied if the council finds the display 'unsightly or offensive' in its 'sole judgment.' There are no written standards, fee or term, and the rule hasn't been amended since the 2007 code.
Why it matters: Downtown businesses can't predict approval, and open-ended discretion invites claims of unequal treatment.
The fix: Adopt simple objective standards (clear walkway width, hours, placement) and an administrative permit.
Definitions
Appendix A Zoning
The adult entertainment establishment definition covers any business whose primary purpose is selling 'any book, publication, or film which depicts nudity' and lumps in 'wrestling parlors' and massage parlors. Definitions this broad (nudity alone, not sexually explicit material) may sweep in protected expression and lawful businesses; adult-use zoning generally must be tied to documented secondary effects.
Why it matters: Overbroad adult-use rules invite First Amendment challenges and can catch ordinary businesses.
The fix: Have the city attorney align this definition with the separate adult entertainment ordinance (Ch. 10, art. II) and current case law.
Qualifications for license
Chapter 6 Alcoholic Beverages
Requiring the licensee or manager to be a U.S. citizen (6-65(1)) may be more restrictive than necessary, since many jurisdictions also accept lawful permanent residents. Worth review by the city attorney against current state alcohol licensing requirements.
Why it matters: Lawful permanent residents who run local businesses may be shut out of alcohol licenses.
The fix: Have the city attorney confirm the state standard and align 6-65(1) with it.
Emergency suspension
Chapter 6 Alcoholic Beverages
The council can suspend a license 'with or without notice or hearing' for up to 30 days, with a hearing required only after 10 days. Emergency powers are common, but suspending without notice raises due-process questions. Worth review by the city attorney.
Why it matters: A local business could be shut down for over a week without a chance to respond.
The fix: Require prompt notice and an expedited hearing (for example, within 72 hours) for any council emergency suspension.
Disorderly house
Chapter 38 Environment
Adopted in 2022, this section punishes keeping an 'ill-governed and disorderly house' and allowing 'boisterous, noisy' people to gather after an officer's oral notice. These are broad terms that could draw vagueness challenges. It also contains a typo ('disburse' for 'disperse').
Why it matters: Rules about gatherings at people's homes need to be clear enough that residents know what's prohibited.
The fix: Worth review by the city attorney for clarity alongside the city's noise ordinance; fix the typo.
Material changes to historic properties or to properties within historic districts
Chapter 54 Historical Preservation
Sec. 54-81(b) says no permit may be issued by 'other city or county departments' without a certificate of appropriateness, but a city ordinance can't bind county departments. Sec. 54-100 sends further appeals to Superior Court 'in the manner provided by law for appeals from conviction for ... ordinance violations,' which isn't the usual route for reviewing a land-use decision. Georgia has also changed its procedures for reviewing local quasi-judicial decisions in recent years.
Why it matters: A property owner who follows the stated appeal route could lose their appeal on procedural grounds.
The fix: Worth review by the city attorney: update the appeal language to current state procedure and limit 54-81(b) to city permits.
Waste storage
Chapter 70 Solid Waste
The 2023 rule gives evicted tenants five days to reclaim belongings set on the sidewalk, then lets the city dispose of them and bill the landlord. Georgia's dispossessory statute (O.C.G.A. § 44-7-55) separately addresses property removed under a writ of possession, and it's worth confirming the two fit together.
Why it matters: Tenants and landlords need a clear, legally consistent rule on how long belongings stay on the curb and who pays.
The fix: Worth review by the city attorney for consistency with § 44-7-55.
Gas liability disclaimers
Chapter 86 Utilities
Several gas sections say the city "shall not be liable, in any manner" for interruptions or for fire protection or emergency equipment failing, "whether said failure shall be due to the act or omission of the city or otherwise." They're written as customer "agreements" placed in an ordinance. How far a city can disclaim its own negligence by ordinance is a question for the city attorney.
Why it matters: Residents may believe they have no recourse after a gas incident even where the law might give them some.
The fix: Have the city attorney review the liability language, and move customer contract terms into the service agreement.
In the plan: 6.6 Stronger Fire Protection for Every House
Missing or placeholder text (18)
Penalties for violation
Chapter 46 Floods
The penalty amounts were never filled in. The text still contains template placeholders instead of a dollar figure or jail term.
Why it matters: Without a stated penalty, building in a floodplain without a permit is hard to enforce, and residents can't tell what the consequences are.
The fix: Replace the placeholders with actual maximums consistent with the charter and state law (for example, matching the city's general penalty).
In the plan: 3.12 Ditches That Drain Before the Next Big Rain
Ad valorem tax
Chapter 78 Taxation
The ad valorem tax section still hard-codes a 10.999 millage and says city taxes 'must be paid by December 20, 2019.' Its last amendment was 2019. That conflicts with Sec. 78-1(c) (millage adopted annually by resolution) and Sec. 78-2(a) (due 60 days after notice).
Why it matters: Residents reading the code get a stale tax rate and a due date seven years in the past.
The fix: Remove the specific millage and date from 78-11 and refer to the annual millage resolution and the 78-2 due-date rule.
In the plan: 7.10 Tell You Before Your Taxes Go Up
Speed zones established; [Speed limits.]; [Law enforcement.]
Chapter 82 Traffic And Vehicles
Ashburn's actual speed limit list isn't readable in the online code. Sec. 82-62 shows only "Content is too large for cell" in this export. Secs. 82-81 and 82-82 incorporate an "Exhibit A" of roadways that isn't printed. Neither 82-81 nor 82-82 carries a history note or date, and their wording ("The City Code ... is hereby amended") is raw ordinance text pasted in rather than codified. Article III (from 1996) and Article IV now overlap, and it isn't clear which list controls. Police are also authorized to use radar on the Exhibit A roads, and Georgia law ties radar use to an approved list of roads.
Why it matters: Residents can't look up the legal speed limit on their own street, or check whether a radar ticket was issued on an approved road.
The fix: Publish the full speed-zone schedule (Exhibit A) in the code with its adoption date, combine Articles III and IV, and confirm it matches the city's current GDOT speed-detection permit.
In the plan: 7.7 A Technology Audit
Ethics complaints routed through city manager
Chapter 2 Administration
The ethics process runs through the city manager. Complaints are filed with the manager, the manager appoints the three-councilmember investigating committee, the manager keeps the pool of ethics-board citizens, and the manager issues waivers for councilmember contracts. The code has no backup for when the manager's job is vacant, as the front matter says it is. It is also unusual for an employee who serves at the council's pleasure to pick which councilmembers investigate a fellow official.
Why it matters: If no one is in the manager's chair, residents may have no clear place to file an ethics complaint.
The fix: Name the city clerk or the acting manager as the alternate, and consider having someone independent of the council appoint the investigating committee.
Operation of unregulated premises unlawful
Chapter 10 Amusements And Entertainment
Article II (adult entertainment) hasn't been amended since the 2007 code, and it uses terms and offices it never defines or sets up. 'Cabaret' (10-36) and 'adult massage parlor' (10-38) aren't defined. The 'license officer' (10-33(b)), 'permitting officer' (10-40) and 'business license manager' (10-41) aren't established. 10-33(d) bars dancers 'not licensed pursuant to this chapter,' but the chapter has an employee permit, not a dancer license. The article calls itself 'this chapter' throughout. 10-62(a) applies 'after the effective date of the ordinance codified in this section' without giving the date.
Why it matters: Undefined terms and missing offices make the ordinance harder to enforce and easier to challenge.
The fix: Do a full refresh of Article II with consistent definitions, named offices, and current case law.
Appeals
Chapter 10 Amusements And Entertainment
The appeals process for pool room and game room licenses is missing. 10-106 refers to appeals 'in accordance with the appeal procedures specified in this article,' but none are specified. 10-100 sends transfers to a 'license review board' that isn't created anywhere in this chapter. 10-105(2) allows 'automatic revocation' after a notice of any ordinance violation, which conflicts with the promise of a hearing in 10-106(a).
Why it matters: A business owner who loses a license has no clear path to appeal, which is a due-process problem.
The fix: Add a defined appeal procedure (to the city manager, then council, then superior court), replace 'license review board' with an existing body, and remove 'automatic' revocation.
Definitions
Chapter 14 Animals
The chapter never says who actually does animal control or where the shelter is. It variously refers to an animal control officer 'charged by the city manager' (14-1), the 'Animal Control Officer of Turner County' (14-131), 'the city's animal control officer' (14-232), a shelter 'designated by the city council' (14-70, 14-73), the 'county animal shelter' and 'the veterinary serving as the City of Ashburn animal shelter' (14-76). Administration is placed with the mayor (14-152) but enforcement with the city manager (14-153).
Why it matters: Loose dogs are a real resident complaint, and people need to know who to call and who is accountable.
The fix: Name the responsible office (city or county by intergovernmental agreement), the designated shelter, and a single accountable official, and publish contact information.
In the plan: 6.5 Loose Dogs and Stray Animals
Review criteria
Chapter 54 Historical Preservation
The historic district boundaries ('attachment A') and the design guidelines ('attachment B') aren't in the online code; they're 'on file' with the city. The online code also doesn't show whether the HPC is currently appointed and meeting. The definition of 'demolition by neglect' includes editorial commentary ('Property owners have been accused of permitting demolition by neglect on purpose').
Why it matters: Downtown owners can't tell from the code whether their property is in the district or what design rules apply.
The fix: Publish the district map and design guidelines online, post the HPC roster and meeting schedule, and remove the commentary from the definition.
In the plan: 7.7 A Technology Audit
Schedule of permitted uses / Wireless telecommunication towers
Appendix A Zoning
The two most-used reference sections, the Schedule of Permitted Uses (Section 5) and Wireless Telecommunication Towers (Section 16), did not export from Municode ('Content is too large for cell'), so this review could not check what uses are allowed in each district (including home occupations by right, group/personal care homes, manufactured homes outside R-8-M, bed and breakfasts) or the cell tower rules.
Why it matters: These are the sections residents most need to answer 'Can I do X on my property?'
The fix: Pull Sections 5 and 16 directly from Municode or the clerk's official copy and review them separately, especially for fair housing and federal/state wireless law.
License fees
Chapter 6 Alcoholic Beverages
The actual annual alcohol license fees, application fees, amendment fees and catering fees aren't in the code. 6-75 says annual fees are 'set by the city manager' under a schedule on file. Residents and applicants can't see what a license costs, and it's worth confirming with the city attorney whether council adoption is required.
Why it matters: Prospective business owners can't plan without knowing the cost, and fees set outside a public vote are less transparent.
The fix: Adopt the alcohol fee schedule by council resolution and publish it online alongside the code.
Appendix A Zoning (no short-term rental or solar provisions)
Appendix A Zoning
The ordinance has no rules on short-term rentals (Airbnb/VRBO-type), and no rules for residential or commercial solar installations (rooftop or ground-mounted, and whether panels count toward height or setbacks). The only lodging categories are bed and breakfast, hotel and motel. (Electric vehicle charging, small wind and similar newer uses are also not addressed.)
Why it matters: Without rules, residents and staff have to guess, and under Sec. 3-13 an unlisted use is treated as prohibited.
The fix: Have staff and the city attorney propose short-term rental and solar provisions consistent with state law.
Word definitions
Chapter 14 Animals
Cross-references point to the wrong place: 14-32 says the dog control officer enforces 'Article VII of this ordinance' (no Article VII exists in Chapter 14; dangerous dogs are Division 7 / Article VI), and 14-1 refers to 'article VI' under the old O.C.G.A. § 4-8-22(c) appointment, which was rewritten in 2015.
Why it matters: Broken cross-references make it unclear which rules an officer is enforcing.
The fix: Fix cross-references when the chapter is consolidated.
In the plan: 6.5 Loose Dogs and Stray Animals
Practitioners of professions and occupations
Chapter 22 Businesses
Cross-reference points nowhere: practitioners pay 'the occupation tax as set forth in section 12-19 above', but the employee-based schedule is in section 22-34 (12-19 appears to be a leftover from an older numbering).
Why it matters: Professionals choosing how to pay can't find the referenced schedule.
The fix: Change 'section 12-19' to 'section 22-34(c)'.
Provisions saved from repeal
Chapter 62 Offenses And Miscellaneous Provisions
This section keeps a 1993 disorderly conduct ordinance (No. 93-005) in force 'pending a revision of the subject matter.' A disorderly conduct article, Article VII (Secs. 62-176–62-179), now exists, so it's unclear whether the 1993 ordinance still applies on top of it.
Why it matters: Residents can't read a law that is 'saved' but not printed in the code.
The fix: Confirm Article VII replaced Ord. 93-005, then repeal Sec. 62-9.
Traffic, speed, truck, parking and other zones, signs and traffic-control devices; schedule
Chapter 82 Traffic And Vehicles
Article V is titled "Stop Signs," but this section covers every kind of traffic control. The actual schedule of stop signs, parking zones and one-way streets is kept off-code in the city manager's office. The text also misspells "devices" as "devises" several times.
Why it matters: Residents have to go to City Hall to find out where parking is banned or which stop signs are official.
The fix: Post the traffic-control schedule online alongside the code, and retitle the article to match its contents.
General provisions
Appendix A Zoning
No provision for accessory dwelling units (garage apartments, backyard cottages, in-law suites). Only one principal building per residential lot is allowed and the code is silent on a second unit within or behind a house.
Why it matters: Families asking about housing an aging parent or adding rental income get no clear answer.
The fix: Consider adding an ADU section stating where, how big, and under what conditions an accessory dwelling is allowed.
City council creation; number; election (seat structure)
Charter
The Charter never says whether council seats are at-large, numbered posts, or districts. It refers only to 'two positions' and 'three positions,' with the top vote-getters winning. In a multi-seat at-large race decided by plurality, the Charter doesn't say how candidates qualify for a particular seat, or how vacancies and staggered seats line up.
Why it matters: Residents should be able to tell from the Charter how their council seats are elected.
The fix: Have the city attorney state in the Charter (or point to the controlling local act) whether seats are at-large or posted, and how candidates qualify.
Service charges
Chapter 70 Solid Waste
The solid waste article doesn't reflect how service actually works. It defines the 'disposal area' as 'the designated public landfill,' while the editor's note says the city contracts with the Solid Waste Management Authority of Crisp County (1996 agreement). It splits authority confusingly between the city manager, the 'mayor and city council' and 'the mayor' (who inspects private dumps). It also lists no garbage fee amount or bulk-pickup procedure.
Why it matters: Residents can't find from the code what they pay for garbage or how to get rid of bulky items.
The fix: Update the article to describe the current hauler and disposal arrangement, and publish the current fee schedule and bulk-pickup rules alongside the code.
Other cleanup (26)
Weeds, junk, etc., prohibited
Chapter 38 Environment
The only firm height limit (18 inches) applies to grass and weeds 'within 150 feet of any building or structure.' Vacant lots with no building, or the back of large lots, are covered only by the vaguer 'health menace, fire hazard' standard. Overgrown vacant lots are a top resident complaint.
Why it matters: Overgrown empty lots next to homes can be hard to cite under the current wording.
The fix: Consider a clear height limit for all developed and vacant lots inside city limits (with a reasonable exception for farmland or woodland), along with an owner-notice requirement.
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Penalties / in rem abatement procedure
Chapter 38 Environment
The property maintenance article doesn't state any fine amount; it only says 'in accordance with the City Charter.' For the city to mow or clean up a lot itself and bill the owner, it has to go through the full in rem court process (complaint, lis pendens, certified mail, a hearing 15 to 45 days out, then a court order). Sec. 38-62(g)(8) preserves summary abatement power, but the code sets out no simple notice-and-mow procedure for weeds and trash.
Why it matters: Residents waiting on the city to deal with an overgrown lot face a slow, paperwork-heavy process, and owners can't see what the fine is.
The fix: Have the city attorney consider an administrative weed/debris abatement procedure (written notice, a short cure period, city mowing with costs billed and liened as state law allows) and put a fine schedule in the article.
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Definitions
Chapter 22 Businesses
The special-event definition explicitly sweeps in 'family reunions; cookouts or picnics attended by 20 or more people' that reserve park space or use a tent or portable toilet, which then triggers 30-90 days' notice, a $350 deposit, insurance (waivable), and an officer per 100 attendees.
Why it matters: Ordinary family gatherings in city parks face the same paperwork as a festival, which most residents won't know about.
The fix: Create a simple park-reservation process for small private gatherings separate from the full special-event permit.
In the plan: 4.1 A Maintenance Standard for our Parks
Excessive, unnecessary, and unusually loud noise
Chapter 62 Offenses And Miscellaneous Provisions
As written, any building repair or alteration outside 7:00 a.m.–6:00 p.m. on weekdays needs an emergency permit. That technically bans all weekend construction, including homeowner repairs. The 6:00 p.m. start of the 50-foot 'plainly audible' rule for music is also unusually early.
Why it matters: Residents doing weekend home projects or playing music in the early evening may be technically in violation without knowing it.
The fix: Consider allowing reasonable Saturday hours and moving the evening threshold to a more common time (for example 10 or 11 p.m.).
Utility rates, deposits, tap fees and service charges
Chapter 86 Utilities
Not one water, sewer or gas rate, deposit amount, reconnection fee, tap fee, special-reading fee, transfer fee, or septic inspection fee appears in the code. Every one is "fixed from time to time by the city council" and kept on file with the city clerk. The code also has no rule on whether or when a deposit is refunded or credited.
Why it matters: Residents can't check what they should be paying, or whether they'll get their deposit back, without a trip to City Hall.
The fix: Publish the current utility rate and fee schedule online with its adoption date, and add a deposit refund or credit rule.
In the plan: 3.10 Don't Wait for the Sewer Plant to Fail, 3.3 Find Out What's Driving Your Water Bill
Appendix A Zoning
Appendix A Zoning
Most of the zoning ordinance has no history notes and so is unchanged since its Feb. 1, 1996 adoption. Only Sections 2 (2018), 3 (2015), 7 (2018) and 15 (2011) show amendments. The ordinance also says it implements the city's 'adopted comprehensive plan,' which Georgia requires to be updated periodically, so the zoning text may no longer match the current plan.
Why it matters: A 30-year-old zoning code may not fit today's housing, business and technology needs, or current state law.
The fix: Consider a comprehensive zoning rewrite or a staged update aligned with the current comprehensive plan.
Lands to which this article applies
Chapter 46 Floods
The flood article applies only to 'areas of special flood hazard.' Sec. 46-52 says these may include 'areas known to have flooded historically,' but no procedure exists to identify or map such areas, and a stray '(Unknown)' is left in the text. Nothing in Chapters 38 or 46 assigns responsibility for keeping roadside drainage ditches clear. The closest provisions are 38-106(e) (lots graded to avoid standing water) and 38-139(c)(12) (fills can't block watercourses).
Why it matters: Ditch and street flooding is a big local issue, and residents in flood-prone spots outside FEMA zones get little protection from these chapters.
The fix: Consider a process to designate locally known flood areas and clear ditch and drainage maintenance responsibilities, possibly in a stormwater ordinance; remove the '(Unknown)' placeholder.
In the plan: 3.12 Ditches That Drain Before the Next Big Rain
Sewer use
Chapter 86 Utilities
The sewer use rules carry no history notes, so they date at least to the 2007 code and look like an older model ordinance. They set fixed discharge limits (BOD 300 mg/l, TSS 350 mg/l, metals in ppm) without saying they're tied to the city wastewater plant's current state discharge permit. There's no sewer surcharge for high-strength waste, no grease (FOG) inspection or pumping schedule for restaurants, no industrial user permit or reporting system, no enforcement steps beyond a general penalty, and no rules on stormwater inflow and infiltration. Whether the plant's permit requires a formal pretreatment program wasn't checked.
Why it matters: With the wastewater plant a live issue, rules that don't control grease, industrial waste, and rainwater getting into the sewer can lead to overflows, permit problems, and higher costs for every ratepayer.
The fix: Have the city engineer and attorney compare Division 2 with the plant's current EPD permit and update the local limits, grease rules, surcharges and enforcement steps.
In the plan: 3.12 Ditches That Drain Before the Next Big Rain, 3.10 Don't Wait for the Sewer Plant to Fail
Technology fee
Charter
This 2024 section has a typo ('Tire Clerk' for 'The Clerk'), lists 'facsimile' as a covered technology, and uses 'and or.' It also names both a Chief of Police and a Director of Public Safety, which reflects the unsettled title discussed in the separate public-safety flag.
Why it matters: Sloppy wording in a fee provision invites questions about how court fees are collected and spent.
The fix: Correct 'Tire' to 'The' and tidy the wording at the next codification.
Existing personnel and officers; transition provisions
Charter
Spent transition provisions from the 2001 Charter remain in the text: a 180-day transition ordinance, the repeal of the 1981 charter, and the effective date of July 1, 2001.
Why it matters: Leftover transition language makes the Charter harder for residents to read.
The fix: Mark these sections as historical, or remove them in a future charter clean-up.
Penalties; revocation of license
Chapter 6 Alcoholic Beverages
The appeal window for revoking an event property license is very short (by 5:00 p.m. on the third day), and the hearing timing is garbled ('with ten days').
Why it matters: A property owner could lose the right to appeal over a weekend.
The fix: Extend the appeal window to at least 10 days and fix the wording to 'within ten days.'
Applications
Chapter 6 Alcoholic Beverages
There are typos and drafting errors across Chapters 6 and 10. 'head and boulder photograph' (6-67(16)); 'November l' (6-78); '(4}' (6-67(12)); 'expect for' (6-146); 'any council on any profits' (6-1, likely 'commission'); 'In the case or an individual' (6-67); 6-188 says brown-bagging renewal applicants may 'continue the sale of alcohol beverages' (brown bagging isn't a sales license); Article II heading 'ADULT ENTERAINMENT'; Ch. 10 Art. III footnote 'Alcholic'; 'by the present of the corporation' (10-42(13)c); 'conduct, manager, engage' (10-49(b)); 10-98 and 10-107 history notes say '11-17-2019' while the rest of Ord. 2019-05 says '11-7-2019.'
Why it matters: Typos make the code look neglected and can create real ambiguity in a license dispute.
The fix: Fix these in the next clean-up ordinance or ask Municode to correct scrivener's errors.
Definitions
Chapter 22 Businesses
Drafting errors in the 2019/2022 mobile food vendor article: 22-83(c)(5) asks whether the vendor is a 'street vending unit or sidewalk vending unit' though 22-84(a) bans operating in the right-of-way; 22-84(d) cites 'the City of Ashburn notice ordinance' (likely 'noise'); 22-84(c) has a garbled cancellation clause; 22-84(l)(2) says 'tow rear-vision mirrors'; 22-86 says 'A fee of $75.00 ... shall be set by the city council'; 22-82(c) 'shall man'.
Why it matters: Food truck owners — a growing small-business group — need clear, enforceable rules.
The fix: Clean up the article's wording and cross-references.
Enforcement generally
Chapter 26 Cemeteries
Most cemetery rules are unchanged since the 1983 code and contain drafting problems: 26-1 refers to 'this article' though the chapter has no articles; 26-4(a) says 'Properties shall not allow interments' (likely 'Proprietors' or 'lot owners'); 26-5(1)c 'first-quantity granite'; 26-5(5)c posts 'not more than six inches by six inches or less than six inches by six inches'. There are no rules on cemetery hours, decorations or flags, and only one cemetery (West View Memorial Garden) is named.
Why it matters: Families decorating graves have little clear guidance, and the 40-year-old text is hard to apply.
The fix: Rewrite the chapter: name each city cemetery, add hours and decoration rules, and fix the drafting errors.
Emergency management and response powers
Chapter 30 Civil Emergencies
Dated or erroneous text in the emergency chapter: the declaration template is pre-dated 'this ___ day of ____, 2012'; 30-37 requires contractors to provide their Social Security number on the application (a privacy risk for a public record); 30-39 bans overcharging on goods 'sold or rented within the county' (should be city) and says 'three months alter the declaration'.
Why it matters: Small errors in an emergency ordinance can cause problems exactly when it's needed most.
The fix: Remove the year from the template, accept an FEIN or redact SSNs, and correct 'county' to 'city'.
Typographical errors (multiple sections)
Chapter 38 Environment
Several typos appear in the text.
Why it matters: Typos make the code look neglected and can create small ambiguities.
The fix: Send a list of corrections to Municode with the next supplement.
Regulating commercial truck traffic in residential subdivisions
Chapter 82 Traffic And Vehicles
The 2007 ordinance didn't actually amend the code, so the codifier added it at the editor's discretion. The title says "residential subdivisions," but subsection (b) bans commercial trucks on all "residential streets of the city" without defining that term. The truck routes are listed by highway number only, with no route map.
Why it matters: Truck drivers and residents can't easily tell which streets are covered, which makes the rule hard to enforce fairly.
The fix: Formally codify the rule, define "residential street," and adopt a truck-route map.
Outdoor irrigation activities
Chapter 86 Utilities
The 2010 watering rule tracks the Water Stewardship Act (4 p.m.–10 a.m. with the standard exemptions), but it has errors. It refers to the "Environmental Production Division" instead of the Environmental Protection Division. It sends citations to "the Magistrate Court," while the rest of the chapter and Sec. 86-75 use the Municipal Court. It sets no specific penalty or warning step. Also, Sec. 86-24 lets the council restrict water by resolution during shortages without mentioning the state EPD drought response rules.
Why it matters: Residents could get cited in a court that's different from where other city violations are heard, with no clear penalty.
The fix: Fix the agency name, name the Municipal Court, add a warning-first penalty schedule, and tie Sec. 86-24 to state drought response levels.
Deposits (death or vacating of customer)
Chapter 86 Utilities
When an account holder dies, only a surviving spouse is spared a new deposit. Other longtime household members have to pay a fresh deposit, "even though the occupant may have previously resided at the residence." That includes adult children, grandchildren raised in the home, and caregivers. The code doesn't say whether the deceased customer's deposit can be transferred.
Why it matters: Grieving families can face a surprise deposit just to keep the water and gas on in a home they've lived in for years.
The fix: Let household members take over the existing deposit, or waive a new one for people with a good payment history at that address.
Code Comparative Table — 1983 Code
Code Comparative Table 1983 Code
The table shows about two dozen 1983 sections carried into today's code. They include the junk-vehicle rule (82-1, from 13-4), adoption of the rules of the road (82-31, from 16-1), several Chapter 62 offenses (62-1 to 62-7), and street rules (74-1, 74-31 to 74-34). In this chapter group, 82-1 and 82-31 still carry their 1983 history notes with no later amendment.
Why it matters: Some rules residents are cited under haven't been looked at in over 40 years.
The fix: Use the table as a checklist for a focused review of every surviving 1983 section.
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Board of appeals
Appendix A Zoning
Several provisions are written as one-time 1996 start-up rules that no longer do anything: staggered first terms for 'the first board,' the portable-sign one-year removal clock, validity of permits 'issued before the adoption of this ordinance,' and requiring five paper copies of site plans (two copies to the planning commission in 13-2.5).
Why it matters: Clutter makes the code harder for residents to read and can make the process seem more burdensome than it is.
The fix: Remove spent transition language and allow digital submissions.
Reports and accountings
Chapter 2 Administration
This rule from the 1983 Code requires 'all officers' to file quarterly written financial reports and 'pay over all moneys.' It predates the city manager form of government and modern accounting, and it doesn't say who counts as an 'officer.'
Why it matters: A vague rule that no one follows weakens accountability rather than strengthening it.
The fix: Replace it with a requirement for quarterly financial reports from the city manager or finance staff to the council.
Establishment of wellhead protection zone
Chapter 50 Health And Sanitation
The wellhead protection article hasn't been touched since 1993. It relies on a 1993 survey of four named wells ('Pate Street,' 'Manhatten,' 'City Barn,' 'North Ashburn') and on zoning-ordinance procedures, and it may not reflect current wells or Georgia EPD's wellhead protection standards.
Why it matters: If the city's wells have changed, residents near a newer well may not know the restrictions apply to them.
The fix: Confirm the list of active wells and update the article and map to current EPD guidance.
Wrecked or inoperative vehicles; Uniform Rules of the Road adopted
Chapter 82 Traffic And Vehicles
Both sections still carry their 1983 code wording (1983 Code Secs. 13-4 and 16-1) and have never been amended. Sec. 82-31's adopting citation is garbled ("Pursuant to chapter 6 of title 40, O.C.G.A. §§ 40-6-372—40-6-376, O.C.G.A. §§ 40-6-1—40-6-395"). It also doesn't say the state rules are adopted "as amended," which may raise questions about whether later state changes carry over automatically.
Why it matters: The basic rules of the road and the junk-car rule rest on 40-year-old text that may not track current state law.
The fix: Re-adopt the Uniform Rules of the Road by a clean citation "as now or hereafter amended," and update the junk-vehicle rule to match O.C.G.A. Title 40, Chapter 11.
In the plan: 3.4 A Cleanup Schedule for the Whole City, 3.6 Fix What's Still Standing
Special provisions for certain uses
Appendix A Zoning
Individually sited manufactured homes must be 'in excess of 16 feet' wide, which in practice excludes many single-section homes, and the only district allowing them by right is R-8-M. Georgia courts have allowed district-based exclusions, so this is a housing-affordability policy question more than a legal defect.
Why it matters: Affects whether families can place an affordable home on a lot they own.
The fix: Council could review whether the width rule and the limited R-8-M mapping still fit Ashburn's housing needs.
Sanitary and toilet facilities
Chapter 10 Amusements And Entertainment
Requiring separate male and female restrooms in every pool room, game room and internet cafe may be stricter than the adopted plumbing code, which in some cases allows single-user, all-gender restrooms for small businesses.
Why it matters: Small storefront businesses may face a costly build-out the state building code wouldn't require.
The fix: Defer to the adopted plumbing code's restroom requirements.