SPONSORS: MAYOR PRO TEM AL TILLMAN

COMMISSIONER VIRGIL WATKINS

COMMITTEE AMENDMENT

AN ORDINANCE OF THE MACON-BIBB COUNTY COMMISSION, TO AMEND

CERTAIN SECTIONS OF CHAPTER 16 OF THE INAUGURAL CODE OF
ORDINANCES FOR MACON-BIBB COUNTY, TO PROSCRIBE A MAXIMUM
PENALTY FOR CERTAIN VIOLATIONS RELATED TO THE POSSESSION OF LESS
THAN ONE OUNCE OF MARIJUANA; TO PROVIDE THAT NO PERSON SHOULD BE
JAILED FOR SUCH OFFENSES; TO DECLARE THE POLICY OF MACON-BIBB
COUNTY WITH REGARD TO MINOR MARIJUANA OFFENSES; AND TO PROVIDE
FOR OTHER LAWFUL PURPOSES.

Purpose: To amend the Macon-Bibb County Code of Ordinances to limit the maximum penalty for
minor marijuana offenses, and to provide that such offenders should not be jailed.

WHEREAS, on October 3, 2017, the City of Atlanta adopted Ordinance No. 17-O-1152,
to reduce the maximum penalty for violations of the City of Atlanta municipal ordinance
prohibiting the possession of less than one ounce of marijuana from the general penalty of up to
$1,000.00 fine and up to six months in jail, to a specified penalty of a fine not to exceed $75.00,
with no possibility of jail time; and

WHEREAS, it is the opinion and policy of the Macon-Bibb County Commission that
jailing individuals found to be in possession of less than one ounce of marijuana is harmful to the
community and is disproportionate punishment compared to the harm caused by the commission
of such offense; and

WHEREAS, O.C.G.A. § 36-32-6 grant municipal courts concurrent 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”; and

WHEREAS, the Macon-Bibb County Code of Ordinances does not presently have a
specific prohibition on the possession of less than one ounce of marijuana; and

WHEREAS, Sec. 16-10 of the Macon-Bibb County Code of Ordinances presently

provides,

Sec. 16-10. - Illegal drugs; unlawful to be present where used or kept.

(a) It shall be unlawful for any person knowingly to be present in any building or
on any premises at any location in Macon-Bibb County where illegal drugs are
being used or kept.

(b) It shall be unlawful for any person knowingly to be present in any vehicle, at
any location in Macon-Bibb County, wherein illegal drugs are being used or kept.
1
 (c) The term "knowingly" is defined as having actual or constructive knowledge
which a reasonable person would have acquired or determined from the use of
physical senses.

; and

WHEREAS, Sec. 16-15 of the Macon-Bibb County Code of Ordinances presently

provides,

Sec. 16-15. - Dive defined; prohibited; frequenting.

(a) It shall be unlawful for any person, group of persons or organization to have,
keep, operate, or allow to be operated at a place or building owned by same, a dive.

(b) A "dive" is defined as any place or establishment where:

(1) Legal alcoholic beverages are sold without a proper license or permit; or
illegal alcoholic beverages, or other illegal drugs are found, possessed, kept or
sold; or illegal gambling activities are being conducted; or

(2) Any person is permitted to:

a. purchase or consume any otherwise legal alcoholic beverages sold

without a proper permit or license, or

b. purchase or consume any otherwise legal alcoholic beverages at any

establishment, or on any premises, required under Chapter 4 of this Code to
be licensed in any way, whether or not so licensed, where such purchase or
consumption occurs outside of the legal hours of alcohol service, as
provided in Chapter 4 of this Code; or

c. purchase or consume any illegal alcoholic beverages, or

d. Possess or use any illegal drugs, or

e. Conduct or participate in illegal gambling activities; or

(3) Any person consumes or uses:

a. Any legal alcoholic beverages sold without a proper license permit,

or

b. Illegal alcoholic beverages, or

2
 c. Illegal drugs, or

(4) Any person participates in any illegal gambling activities; or

(5) Illegal transactions occur involving:

a. Any alcoholic beverages, legal or illegal, including the provision of

alcoholic beverages to, or consumption by, any person under the legal
drinking age of 21 years; or

b. Any alcoholic beverages, legal or illegal, including the provision of

alcoholic beverages to, consumption by, any person outside of the legal
hours of alcohol service, as provided in Chapter 4 of this Code, except at
private residences, as that term is defined in Chapter 4 of this Code; or

c. Illegal drugs; or

d. Illegal gambling activities.

(c) It shall be unlawful for any person to enter, visit or be present in a "dive" as
defined in this Section, for purposes of:

(1) Selling, purchasing or consuming any legal alcoholic beverage sold without
a proper permit or license; or

(2) Selling, purchasing, distributing, or consuming any legal alcoholic beverage

outside of the legal hours of service, as provided in Chapter 4 of this Code,
except at private residences, as that term is defined in Chapter 4 of this Code;
or

(3) Selling, purchasing or consuming any illegal alcoholic beverages or illegal

drugs; or

(4) Participating in any illegal gambling activities.

(d) When violators are charged under this Section, arresting officers may,
consistent with state law, seize all evidence of the violation, including money,
alcoholic beverages, drugs, or evidence of illegal gambling activities, and impound
such evidence pending trial of the case, after which the evidence shall be disposed
of in a manner prescribed by state law and/or federal law.

; and

3
 WHEREAS, Secs. 16-10 and 16-15 of the Macon-Bibb County Code of Ordinances, as
currently written, could potentially be used to impose jail time on persons found to be in possession
of less than one ounce of marijuana; and

WHEREAS, the Bibb County Sheriff’s Office is the primary law enforcement agency
responsible for enforcing the laws of Macon-Bibb County; and

WHEREAS, the Bibb County Solicitor General is the primary prosecutor responsible for
prosecuting violations of the Macon-Bibb County Code of Ordinances; and

WHEREAS, the ordinance contained herein would benefit and promote the health, safety,
morals and welfare of the citizens of Macon-Bibb County.

NOW, THEREFORE, BE IT ORDAINED by the Macon-Bibb County

Commission and it is hereby so ordained by the authority of the same that:

Section 1.

Section 16-10 of Chapter 16 of the Inaugural Code of Ordinances for Macon-Bibb County, entitled
“Illegal drugs; unlawful to be present where used or kept.” is hereby amended by inserting the text
underlined below in bold font:

Sec. 16-10. - Illegal drugs; unlawful to be present where used or kept.

(a) It shall be unlawful for any person knowingly to be present in any building or
on any premises at any location in Macon-Bibb County where illegal drugs are
being used or kept.

(b) It shall be unlawful for any person knowingly to be present in any vehicle, at
any location in Macon-Bibb County, wherein illegal drugs are being used or kept.

(c) The term "knowingly" is defined as having actual or constructive knowledge

which a reasonable person would have acquired or determined from the use of
physical senses.

(d) Where any person is found guilty of violating any part of this Section solely
because of the use or keeping of a quantity of less than one ounce of marijuana,
then such violation shall be punishable by a fine not to exceed seventy-five
dollars ($75.00), and shall not be punished by imprisonment for any length of
time.

Section 2.

Section 16-15 of Chapter 16 of the Inaugural Code of Ordinances for Macon-Bibb County, entitled
“Dive defined; prohibited; frequenting.” is hereby amended by inserting the text underlined below

4
in bold font:

Sec. 16-15. - Dive defined; prohibited; frequenting.

(a) It shall be unlawful for any person, group of persons or organization to have,
keep, operate, or allow to be operated at a place or building owned by same, a dive.

(b) A "dive" is defined as any place or establishment where:

(1) Legal alcoholic beverages are sold without a proper license or permit; or
illegal alcoholic beverages, or other illegal drugs are found, possessed, kept or
sold; or illegal gambling activities are being conducted; or

(2) Any person is permitted to:

a. purchase or consume any otherwise legal alcoholic beverages sold

without a proper permit or license, or

b. purchase or consume any otherwise legal alcoholic beverages at any

establishment, or on any premises, required under Chapter 4 of this Code to
be licensed in any way, whether or not so licensed, where such purchase or
consumption occurs outside of the legal hours of alcohol service, as
provided in Chapter 4 of this Code; or

c. purchase or consume any illegal alcoholic beverages, or

d. Possess or use any illegal drugs, or

e. Conduct or participate in illegal gambling activities; or

(3) Any person consumes or uses:

a. Any legal alcoholic beverages sold without a proper license permit,

or

b. Illegal alcoholic beverages, or

c. Illegal drugs, or

(4) Any person participates in any illegal gambling activities; or

(5) Illegal transactions occur involving:

5
 a. Any alcoholic beverages, legal or illegal, including the provision of
alcoholic beverages to, or consumption by, any person under the legal
drinking age of 21 years; or

b. Any alcoholic beverages, legal or illegal, including the provision of

alcoholic beverages to, consumption by, any person outside of the legal
hours of alcohol service, as provided in Chapter 4 of this Code, except at
private residences, as that term is defined in Chapter 4 of this Code; or

c. Illegal drugs; or

d. Illegal gambling activities.

(c) It shall be unlawful for any person to enter, visit or be present in a "dive" as
defined in this Section, for purposes of:

(1) Selling, purchasing or consuming any legal alcoholic beverage sold without
a proper permit or license; or

(2) Selling, purchasing, distributing, or consuming any legal alcoholic beverage

outside of the legal hours of service, as provided in Chapter 4 of this Code,
except at private residences, as that term is defined in Chapter 4 of this Code;
or

(3) Selling, purchasing or consuming any illegal alcoholic beverages or illegal

drugs; or

(4) Participating in any illegal gambling activities.

(d) When violators are charged under this Section, arresting officers may,
consistent with state law, seize all evidence of the violation, including money,
alcoholic beverages, drugs, or evidence of illegal gambling activities, and impound
such evidence pending trial of the case, after which the evidence shall be disposed
of in a manner prescribed by state law and/or federal law.

(e) Any person found to be guilty of violating this Section shall be punished
as provided in Sec. 1-6 of this Code;

(f) Notwithstanding any other provision in this Section, any person found
to be guilty of:

(1) A violation of subsection (a) of this Section, in which the location being
designated as a “dive” is so designated solely:
a. under subsection (b)(1) of this Section because illegal drugs are

6
 found, possessed, or kept therein, where such illegal drugs are
limited to less than one ounce of marijuana in the aggregate; or
b. under subsection (b)(2)(d.) of this Section because any person therein
is permitted to possess or use any illegal drugs, where such illegal drugs
are limited to less than one ounce of marijuana in the aggregate; or
c. under subsection (c)(3) of this Section because any person consumes or
uses illegal drugs therein, where such illegal drugs are limited to less
than one ounce of marijuana in the aggregate; or
d. for any combination of reasons provided in subsection (f)(1) of this
Section, or
(2) A violation of subsection (c) of this Section, in which the factual basis of such
violation is limited to entering, visiting or being present in a "dive" as defined
in this Section, for purposes of consuming illegal drugs, where such illegal
drugs are limited to less than one ounce of marijuana in the aggregate;

Shall be punished by a fine not exceeding seventy-five dollars ($75.00) and shall not
be punished by imprisonment for any length of time.

Section 3.

Sections 16-7 through 16-9 of Chapter 16 of the Inaugural Code of Ordinances for Macon-Bibb
County, now reserved, are hereby repealed in their entirety and replaced with the following:

Secs. 16-7—16.8. – Reserved.

Sec. 16-9. – Possession of Less Than One Ounce of Marijuana.

It shall be unlawful for any person to possess less than one ounce of marijuana within the
geographic limits of Macon-Bibb County. Any person found guilty of violating this Section may
be punished by a fine not to exceed seventy-five dollars ($75.00), and shall not be punished by
imprisonment for any term.

Section 4.

It is the intention of the Macon-Bibb County Commission that nothing herein shall be
interpreted as amending, altering, abolishing, discharging, or in any manner affecting any advisory
committees, fines, fees, charges, assessments, adjudications, or hearing procedures previously
established or adopted by Bibb County, or the City of Macon, or the Consolidated Government of
Macon-Bibb County, or the granting, denial, revocation, or suspension of any privileges by Bibb
County, the City of Macon, or Macon-Bibb County, and that any such advisory committees, fees,
charges, assessments, adjudications, or procedures shall continue in full force and effect in Macon-

7
Bibb County consistent with the provisions of the Macon-Bibb County Charter, Ga. Law 2012,
page 5595 and Ga. Laws 2013, pages 3501, 3942.

Section 5.

The preamble of this Ordinance shall be considered to be and is hereby incorporated by

reference as if fully set out herein.

Section 6.

This Ordinance, to the extent necessary, shall be codified in a manner consistent with the
laws of the State of Georgia and Macon-Bibb County. Upon adoption, the Clerk of Commission
is hereby directed to send a certified copy of this Ordinance to the publisher of the Macon-Bibb
County Code of Ordinances for inclusion in future publications.

Section 7.

(a) It is hereby declared to be the intention of the Macon-Bibb County Commission that all sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are and were, upon their
enactment, believed by the Macon-Bibb County Commission to be fully valid, enforceable, and
constitutional.

(b) It is hereby declared to be the intention of the Macon-Bibb County Commission that, to
the greatest extent allowed by law, each and every section, paragraph, sentence, clause or phrase of
this Chapter is severable from every other section, paragraph, sentence, clause or phrase of this
Ordinance. It is hereby further declared to be the intention of the Macon-Bibb County Commission
that, to the greatest extent allowed by law, no section, paragraph, sentence, clause or phrase
of this Ordinance is mutually dependent upon any other section, paragraph, sentence, clause or
phrase of this Ordinance.

(c) In the event that any phrase, clause, sentence, paragraph or section of this Ordinance
shall, for any reason whatsoever, be declared invalid, unconstitutional or otherwise unenforceable
by the valid judgment or decree of any court of competent jurisdiction, it is the express intent of
the Macon-Bibb County Commission that such invalidity, unconstitutionality or
unenforceability shall, to the greatest extent allowed by law, not render invalid, unconstitutional or
otherwise unenforceable any of the remaining phrases, clauses, sentences, paragraphs or sections of
the Ordinance and that, to the greatest extent allowed by law, all remaining phrases, clauses, sentences,
paragraphs, and sections of the Ordinance shall remain valid, constitutional, enforceable, and of full
force and effect.

Section 8.

All Ordinances or parts of Ordinances in conflict with this Ordinance are, to the extent of such
conflict, hereby repealed or set aside.

8
 Section 9.

In the event scrivener’s errors shall be discovered in this Ordinance or in any Exhibits
hereto after the adoption hereof, the Commission hereby authorizes and directs that each such
scrivener’s error shall be corrected in all multiple counterparts of this Ordinance.

Section 10.

The Macon-Bibb County Commission grants the Mayor the authority to take any and all
further actions necessary to carry out the intents and purposes of this Ordinance.

Section 11.

This Ordinance shall become effective immediately upon its approval by the Mayor or its
adoption into law without such approval.

SO ORDERED AND ORDAINED this _____ day of ________________, 2019.

_____________________________________________
ROBERT A.B. REICHERT, MAYOR

ATTEST:____________________________________________
JANICE S. ROSS, CLERK OF COMMISSION

K:\ORD MACON-BIBB\2019 Tillman, Adding provision to Chapter 16 related to marijuana offenses involving less than one ounce, Committee
Amendment, 4-22-19.docx