City of Atlanta
Georgia

Ordinance
17-O-1152
Adopted Substitute as Amended
Oct 2, 2017 1:00 PM

AN ORDINANCE BY COUNCILMEMBER KWANZA HALL AS SUBSTITUTED AND AMENDED BY PUBLIC SAFETY AND LEGAL ADMINISTRATION AS AMENDED BY THE ATLANTA CITY COUNCIL COMMITTEE AMENDING CHAPTER 106, (OFFENSES AND MISCELLANEOUS PROVISIONS), SECTION 182, (MARIJUANA) OF THE CITY OF ATLANTA CODE OF ORDINANCES SO AS TO PRESCRIBE THE MAXIMUM PENALTY TO BE IMPOSED BY THE MUNICIPAL COURT OF ATLANTA FOR A VIOLATION THEREOF; TO DECLARE THAT A VIOLATION THEREOF SHALL NOT BE PUNISHABLE BY ANY TERM OF IMPRISONMENT; AND FOR OTHER PURPOSES.

Information

Department:Office of the Municipal ClerkSponsors:Councilmember, District 2 Kwanza Hall
Category:Personal Paper

Item Discussion

(Referred back to Public Safety and Legal Administration Committee by Atlanta City Council on 4/17/17)(Held on 4/25/17)

Body

WHEREAS, the City of Atlanta has an interest in maintaining the public safety and general welfare of citizens of the City of Atlanta and its visitors; and

 

WHEREAS, Chapter 106 (Offenses and Miscellaneous Provisions) of the City of Atlanta Code of Ordinances contains quasi-criminal offenses adopted in accordance with the City’s police powers; 

 

WHEREAS, the Municipal Court of the City of Atlanta is granted jurisdiction to try and dispose of cases where a person is charged with the possession of one ounce or less of marijuana if the offense occurred within the corporate limits of such municipality. The jurisdiction of any such court shall be concurrent with the jurisdiction of any other courts within the county having jurisdiction to try and dispose of such cases (OCGA § 36-32-6(a)); and

 

WHEREAS, any fines and bond forfeitures arising from the prosecution of such cases shall be retained by the City (OCGA § 36-32-6(b)); and

 

WHEREAS, currently there is no specific punishment prescribed for violation of City of Atlanta Code 106-182 which prohibits the possession of one ounce or less of marijuana; and

 

WHEREAS, instead a violation of this section is punishable in accordance with Section 1-8 of the City of Atlanta Code of Ordinances which provides that a person convicted of a violation thereof shall be punished by a fine not exceeding $1,000.00, imprisonment for a term not exceeding six months; and

 

WHEREAS, it is the desire of the Atlanta City Council to specifically provide that a person convicted of a violation of Section 106-182 shall be punished by a fine not exceeding $75.00, and shall not be punishable by a term of any imprisonment.

 

 

THE CITY COUNCIL OF THE CITY OF ATLANTA, GEORGIA, HEREBY ORDAINS, AS FOLLOWS:

 

SECTION 1: That Chapter 106, Article IV, Division 3, Section 182 of the City of Atlanta Code of Ordinances shall be amended such that it shall read as follows (with permanent additions underlined in bold font and permanent deletions in strikeout font):

 

 

Sec. 106-182. - Marijuana.

 

It shall be unlawful for any person to possess one ounce or less of marijuana within the corporate limits of the city. Any person found guilty of violating this section shall be punished by a fine not exceeding $75.00, and shall not be punished by imprisonment for any term; subject to the penalty provided in section 1-8; provided that any defendant charged with possession of one ounce or less of marijuana shall be entitled on request to have the case against such defendant transferred to the court having general misdemeanor jurisdiction in the county wherein the alleged offense occurred.

 

SECTION 2: That all ordinances and parts of ordinances in conflict herewith are hereby waived to the extent of the conflict only.

 

SECTION 3: That the Municipal Clerk is instructed to retain all legislative history references in the codified version of Chapter 106, including Editor’s notes, and shall not delete any such references, but shall amend them to include this ordinance.             

 

SECTION 4: That the Atlanta Police Department may implement a mandatory training curriculum that will address the differences between the City of Atlanta ordinance and State law with respect to marijuana possession, arrest, detention and prosecution.

 

 

 

Meeting History

Mar 20, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:REFERRED WITHOUT OBJECTION
Mar 28, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft

Katrina Taylor Parks

Emil Runge

Che Johnson Long

B.T. Smith

Dean Steed

Steven Chapman

Lynn Morrison

Henri Jordan

Doug Hanson

Ted Metz

Camile Walton

RESULT:FAVORABLE/SUB/AMND/COND [4 TO 0]
MOVER:Ivory Lee Young Jr., Councilmember, District 3
SECONDER:Yolanda Adrean, Councilmember, District 8
AYES:Clarence "C. T." Martin, Yolanda Adrean, Ivory Lee Young Jr., Felicia A. Moore
ABSTAIN:Michael Julian Bond
ABSENT:Andre Dickens, Cleta Winslow
Apr 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Vice-Chairperson Young sounded the caption to Ordinance 17-O-1152 and stated the recommendation from committee was Favorable on Subsitute as Amended on Condition. A discussion ensued, in which, Councilmember Hall offered an Amendment for the legisation to become effective July 21, 2017 and other conditions provided. However, Councilmember Sheperd made a Motion to Refer 17-O-1152 back to the Public Safety and Legal Administration Committee. It was Seconded by Councilmember Bond and an extensive discussion ensued, after which, Councilmember Shook Called the Question. It was Seconded by Councilmember Bond and CARRIED by a roll call vote of 11 yeas; 3 nays. Subsequently, the Motion to Refer Ordinance 17-O-1152 back to the Public Safety and Legal Administration Committee CARRIED by a roll call vote of 10 yeas; 4 nays.

REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY A ROLL CALL VOTE OF 10 YEAS; 4 NAYS.

RESULT:REFERRED TO COMMITTEE [10 TO 4]
AYES:Michael Julian Bond, Carla Smith, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Howard Shook, Yolanda Adrean, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce Sheperd
NAYS:Andre Dickens, Kwanza Hall, Alex Wan, Felicia A. Moore
ABSENT:Mary Norwood
Apr 25, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE [6 TO 0]
MOVER:Yolanda Adrean, Councilmember, District 8
SECONDER:Michael Julian Bond, Councilmember, Post 1 At-Large
AYES:Andre Dickens, Michael Julian Bond, Cleta Winslow, Clarence "C. T." Martin, Yolanda Adrean, Ivory Lee Young Jr.
ABSTAIN:Felicia A. Moore
May 1, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 9, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
May 15, 2017 1:00 PM  Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
May 23, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jun 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jun 19, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECITON

RESULT:RETURNED AS HELD
Jun 27, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Jul 11, 2017 3:00 PM Video Public Safety & Legal Administration Committee Regular Committee Meeting
draft Draft
RESULT:HELD IN COMMITTEE
Jul 17, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Aug 21, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 5, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Sep 18, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION

RESULT:RETURNED AS HELD
Oct 2, 2017 1:00 PM Video Atlanta City Council Regular Meeting
draft Draft

Chairperson Dickens mada a Motion to Adopt as Amended. Following, Councilmember Hall Call the Question, however, the Motion FAILED due to lack of a Second. A discussion ensued, in which Councilmember Bottoms offered Amendment #1 to add mandatory training for the Atlanta Police Department with regards to the City of Atlanta ordinance and State law with respect to marijuana possession. It was Seconded by Councilmember Martin and discussion continued. Councilmember Smith then offered a Friendly Amendment to change shall to "May." Upon further discussion, Councilmember Smith withdrew her Friendly Amendment. As discussion continued, Councilmember Bottoms Amendment #1 was repeated and made as a new Section #4 and inclusive of Councilmember's Smith Friendly Amendment to change shall to "May" so the amendment is stated as follows: That the Atlanta Police Department may implement a mandatory training curriculum that will address the differences between the City of Atlanta ordinance and State law with respect to marijuana possession, arrest, detention and prosecution. The Bottoms Amendment then CARRIED by a roll call vote of 10 yeas; 5 nays. Subsequently, Chairperson Dickens made a Motion to Adopt as Amended. It was Seconded by Councilmember Hall. After which, Councilmember Smith Call the Question. It was properly Seconded and CARRIED by a roll call vote of 14 yeas; 1 nay. A Motion by Chairperson Dickens was made to Adopt on Substitute as Amended, Seconded by Councilmember Hall and CARRIED by a roll call vote of 15 yeas; 0 nays.

ADOPTED SUBSTITUTE AS AMENDED BY A ROLL CALL VOTE OF 15 YEAS; 0 NAYS

RESULT:ADOPTED SUBSTITUTE AS AMENDED [UNANIMOUS]
AYES:Michael Julian Bond, Mary Norwood, Andre Dickens, Carla Smith, Kwanza Hall, Ivory Lee Young Jr., Cleta Winslow, Natalyn Mosby Archibong, Alex Wan, Howard Shook, Yolanda Adrean, Felicia A. Moore, Clarence "C. T." Martin, Keisha Lance Bottoms, Joyce Sheperd