ORDINANCE AMENDING THE MONTICELLO CITY CHARTER SECTIONS 21, 29, 30, 31
AND 33: MAKING POLICE AND MUNICIPAL COURT OPTIONAL AND FOR OTHER
PURPOSES SET FORTH HEREIN
Ordinance Amending the Monticello Charter.
WHEREAS, the Monticello Charter may be amended by the Mayor and Council by the Home
Rule Amendment process under state law, OCGA §36-35-3; and
WHEREAS, the Mayor and Council find that the following amendment promotes the health,
safety, morals, convenience, order, prosperity and general welfare of the City;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and Council that the Charter is hereby
amended so as to read in the following listed sections or subsections as follows, with substantive
changes in bold print:
Section 21. - [Appointments of certain city officials and employees.] [change first sentence]
The city council may, at their first meeting after election and qualification, and annually thereafter each
January, at their discretion, appoint a city clerk, police chief, fire chief, attorney, and city manager, each
of which, if appointed, shall hold office as an employee at will, for one year unless earlier terminated,
and receive such compensation as may be provided by the city council.
Section 29. - Municipal court.
[Change first two sentences] (a) There may be created a municipal court of the City of Monticello in the
event the County Magistrate Court does not handle citations, city code violations, traffic cases and/or
other cases originating in the City. In such instance the City Council by resolution may activate the
Municipal Court, which shall have jurisdiction and authority to try offenses against laws and ordinances
of said city and to punish for a violation of the same.
[Change first sentence] (b) No person shall be qualified or eligible to serve as judge of the municipal court
unless he shall have attained the age of 28 years or if he has been convicted of a crime involving moral
turpitude.
(d) With the formal approval of the mayor and council by vote at a public meeting, the judge of the
municipal court shall have full power and authority to make reasonable rules and regulations necessary and
proper to secure the efficient and successful administration of the business of said court; provided,
however, that the mayor and council may adopt in part or in toto the rules and regulations relative to the
procedures to the operation of the superior courts under the general laws of the State of Georgia.
Section 30. - [Powers of municipal court judge.]
The judge of the municipal court shall have the power to impose fines for the offense of breaking the laws
or ordinances of said city in an amount not to exceed $1,000.00, or to imprison offenders for a period of not
more than 30 days. The judge shall have the power to punish for contempt by a fine not to exceed $500.00
or imprisonment not to exceed 30 days, and shall have the power of a magistrate so far as to enable him to
issue warrants for offenses committed within the corporate limits of the city, which warrants may be
executed by any member of the police force, and to try and to commit the offenders to jail in Jasper
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County, or admit them to bail, for their appearance at the next term of a court of competent jurisdiction to
be held in and for said county.
Section 31. - Same.
The city clerk or a designee thereof shall attend the session of said court, and act as clerk thereof. He/she
shall sign and execute all processes, summons, subpoenas, and other processes from said court.
Section 33. - Same, pardon.
[Being deleted].
The mayor shall have full authority and power to pardon or suspend or commute the sentence of any
person convicted of a violation of any ordinances of said city.
All code sections, ordinances, resolutions, or parts thereof in conflict herewith are repealed. This
Amendment shall become effective upon adoption. This Amendment is severable, and if any section,
subsection, paragraph, clause or provision of this Amendment shall be adjudged invalid or held
unconstitutional, such decision shall not affect the remaining portions of this Amendment.
ADOPTED AND APPROVED by the Mayor and Council on July 8, 2014, Effective July 9,
2014, after 3 weeks public notice in the legal organ and public hearings on the amendment at the
council meetings on June 10, 2014 and July 8, 2014.
CITY OF MONTICELLO, GEORGIA (SEAL)
By:
_____________________________________
Mayor
_____________________________________
Mayor Pro Tempore
_____________________________________
Council Member
_____________________________________
Council Member
_____________________________________
Council Member
_____________________________________
Council Member
Attest: _____________________________________
City Clerk
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