17-O-1152 AN ORDINANCE BY COUNCILMEMBER KWANZA HALL AS SUBSTITUTED AND AMENDED BY PUBLIC SAFETY AND LEGAL ADMINISTRATION 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.(REFERRED BACK TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY ATLANTA CITY COUNCIL ON 4/17/17)(HELD ON 4/25/17) 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: Last Updated: 09/14/17 Page 1 of 9 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. Last Updated: 09/14/17 17-O-1152 Page 2 of 9 CITY COUNCIL ATLANTA, GEORGIA 17-O-1152 SPONSOR SIGNATURES Last Updated: 09/14/17 17-O-1152 Page 3 of 9 CITY COUNCIL ATLANTA, GEORGIA 17-O-1152 AN ORDINANCE BY COUNCILMEMBER KWANZA HALL AS SUBSTITUTED AND AMENDED BY PUBLIC SAFETY AND LEGAL ADMINISTRATION 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.(REFERRED BACK TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE BY ATLANTA CITY COUNCIL ON 4/17/17)(HELD ON 4/25/17) LEGISLATION HISTORY – BLUE BACK Workflow List: Clerk of Council Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Atlanta City Council Public Safety & Legal Administration Committee Atlanta City Council Mayor's Office Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Completed Pending Pending 03/21/2017 12:51 PM 03/20/2017 1:00 PM 03/28/2017 3:00 PM 04/17/2017 1:00 PM 04/25/2017 3:00 PM 05/01/2017 1:00 PM 05/09/2017 3:00 PM 05/15/2017 1:00 PM 05/23/2017 3:00 PM 06/05/2017 1:00 PM 06/13/2017 3:00 PM 06/19/2017 1:00 PM 06/27/2017 3:00 PM 07/05/2017 1:00 PM 07/11/2017 3:00 PM 07/17/2017 1:00 PM 07/25/2017 3:00 PM 08/21/2017 1:00 PM 08/29/2017 3:00 PM 09/05/2017 1:00 PM 09/18/2017 1:00 PM 09/26/2017 3:00 PM 10/02/2017 1:00 PM HISTORY: 03/20/17 Atlanta City Council REFERRED WITHOUT OBJECTION REFERRED TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION RESULT: REFERRED WITHOUT OBJECTION 03/28/17 Next: 3/28/2017 3:00 PM Public Safety & Legal Administration Committee FAVORABLE/SUB/AMND/COND Katrina Taylor Parks Last Updated: 09/14/17 17-O-1152 Page 4 of 9 Emil Runge Che Johnson Long B.T. Smith Dean Steed Steven Chapman Lynn Morrison Henri Jordan Doug Hanson Ted Metz Camile Walton RESULT: MOVER: SECONDER: AYES: ABSTAIN: ABSENT: FAVORABLE/SUB/AMND/COND [4 TO 0] Ivory Lee Young Jr., Councilmember, District 3 Yolanda Adrean, Councilmember, District 8 Clarence "C. T." Martin, Yolanda Adrean, Ivory Lee Young Jr., Felicia A. Moore Michael Julian Bond Andre Dickens, Cleta Winslow 04/17/17 Atlanta City Council Next: 4/17/2017 1:00 PM REFERRED TO COMMITTEE 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: AYES: NAYS: ABSENT: REFERRED TO COMMITTEE [10 TO 4] Bond, Smith, Young Jr., Winslow, Archibong, Shook, Adrean, Martin, Bottoms, Sheperd Andre Dickens, Kwanza Hall, Alex Wan, Felicia A. Moore Mary Norwood 04/25/17 RESULT: MOVER: SECONDER: AYES: ABSTAIN: Public Safety & Legal Administration CommitteeHELD IN COMMITTEE HELD IN COMMITTEE [6 TO 0] Yolanda Adrean, Councilmember, District 8 Michael Julian Bond, Councilmember, Post 1 At-Large Dickens, Bond, Winslow, Martin, Adrean, Young Jr. Felicia A. Moore 05/01/17 Last Updated: 09/14/17 Atlanta City Council Next: 5/1/2017 1:00 PM RETURNED AS HELD 17-O-1152 Page 5 of 9 RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION RESULT: RETURNED AS HELD 05/09/17 RESULT: Next: 5/9/2017 3:00 PM Public Safety & Legal Administration CommitteeHELD IN COMMITTEE HELD IN COMMITTEE 05/15/17 Atlanta City Council Next: 5/15/2017 1:00 PM RETURNED AS HELD RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION RESULT: RETURNED AS HELD 05/23/17 RESULT: Next: 5/23/2017 3:00 PM Public Safety & Legal Administration CommitteeHELD IN COMMITTEE HELD IN COMMITTEE 06/05/17 Atlanta City Council Next: 6/5/2017 1:00 PM RETURNED AS HELD RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION RESULT: RETURNED AS HELD 06/13/17 RESULT: Next: 6/13/2017 3:00 PM Public Safety & Legal Administration CommitteeHELD IN COMMITTEE HELD IN COMMITTEE 06/19/17 Atlanta City Council Next: 6/19/2017 1:00 PM RETURNED AS HELD RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECITON RESULT: RETURNED AS HELD 06/27/17 RESULT: Next: 6/27/2017 3:00 PM Public Safety & Legal Administration CommitteeHELD IN COMMITTEE HELD IN COMMITTEE 07/05/17 Atlanta City Council Next: 7/5/2017 1:00 PM RETURNED AS HELD RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION RESULT: RETURNED AS HELD 07/11/17 RESULT: Next: 7/11/2017 3:00 PM Public Safety & Legal Administration CommitteeHELD IN COMMITTEE HELD IN COMMITTEE 07/17/17 Atlanta City Council Next: 7/17/2017 1:00 PM RETURNED AS HELD RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION Last Updated: 09/14/17 17-O-1152 Page 6 of 9 RESULT: RETURNED AS HELD 07/25/17 RESULT: Next: 7/25/2017 3:00 PM Public Safety & Legal Administration CommitteeHELD IN COMMITTEE HELD IN COMMITTEE 08/21/17 Atlanta City Council Next: 8/21/2017 1:00 PM RETURNED AS HELD RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION RESULT: RETURNED AS HELD 08/29/17 RESULT: Next: 8/29/2017 3:00 PM Public Safety & Legal Administration CommitteeHELD IN COMMITTEE HELD IN COMMITTEE 09/05/17 Atlanta City Council Next: 9/5/2017 1:00 PM RETURNED AS HELD RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION RESULT: RETURNED AS HELD 09/18/17 Atlanta City Council Next: 9/18/2017 1:00 PM RETURNED AS HELD RETURNED AS HELD TO PUBLIC SAFETY AND LEGAL ADMINISTRATION COMMITTEE WITHOUT OBJECTION RESULT: RETURNED AS HELD 09/26/17 Public Safety & Legal Administration Committee Next: 9/26/2017 3:00 PM FAVORABLE Councilmember Kwanza Hall Chief Splane, Georgia State University Police RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: AWAY: FAVORABLE [3 TO 1] Ivory Lee Young Jr., Councilmember, District 3 Felicia A. Moore, Councilmember, District 9 Andre Dickens, Ivory Lee Young Jr., Felicia A. Moore Clarence "C. T." Martin Yolanda Adrean Michael Julian Bond, Cleta Winslow Last Updated: 09/14/17 Next: 10/2/2017 1:00 PM 17-O-1152 Page 7 of 9 17-O-1152 AN ORDINANCE BY COUNCILMEMBER KWANZA HALL AS SUBSTITUTED AND AMENDED BY PUBLIC SAFETY AND LEGAL ADMINISTRATION 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. Last Updated: 09/14/17 17-O-1152 Page 8 of 9 Certified by Presiding Officer Certified by Clerk Mayor’s Action See Authentication Page Attachment Last Updated: 09/14/17 17-O-1152 Page 9 of 9