On December 5, 2022, the Spalding County Board of Commissioners Presented a First Read regarding "Rules of the Road" to align the local ordinances, including those ordinances that have recently been called into question.
See Meeting Here: https://www.youtube.com/watch?v=oeI7nmq4B94
NOTE: School zone cameras citations are not criminal they are considered neither a misdemeanor nor a felony, they are considered a civil monetary penalty and failure to pay will result in inability to register your vehicle.
Basically, the county is admitting the local ordinances have not been updated or changed, through ordinance resolution adoption to reflect the changes for certain updates on a consistent basis. Stephanie Windham the county attorney stated in after agenda minutes above: "As we have seen recently, we have not done the best job of keeping up with those changes and making those changes year after year that are required and also advised that Sheriff Dix had expressed his desire to do this".
The County Clerk stated in an email sent November 28, 2022, when we questioned why the Municode and ordinances were not updated: "You are correct, the Municode has not been updated with the most recent information. Thank you for bringing this to our attention, we are working to get this information updated as soon as possible. Once a year the Georgia Department of Transportation issues a list of roads where radar can be run and the list includes school districts; however, it is not in Ordinance or Resolution form, so it hasn't been forwarded to Municode. As stated previously, we are in the process of drafting an Ordinance amendment and it will be forwarded to Municode to update the information in the County Ordinance" (This could have been pushed due to our open records request for all Ordinance Resolutions for Chapter 7: MOTOR VEHICLES AND TRAFFIC)
List of Roads defined by GDOT for ATESD School Zone Camera:(g) “List of Roads” means a list of the roadways, segment lengths, and speed limits found within the jurisdiction of a local municipality or entity in which law enforcement is permitted to use speed detection devices
The List of Roads she is referring to in this email, is the current List of Roads/Roadways (LOR) #0322-255 for the county's updated Speed Detection Device Permit (SDDP)462K presented by the Sheriff's Office on April 4, 2022 and adopted on April 4, 2022 BUT two different versions were signed by the commissioners, one version on April 4, 2022 and the other version sent by Sheriff Dix to the Georgia Department of Public Safety in permit package for SDDP 462K signed April 18, 2022 and approved by Georgia Dept of Public Safety on May 13, 2022.
See SDDP 462k LOR 0322-255: Below 10 pages: This LOR was received from the Georgia Department of Public Safety Permit Package for SDDP 462K dated approved May 13, 2022. Note Revision date in the upper left hand corner this one reads Rev. December 2020 and the one the clerk sent reads Rev. April 2022. Because this list below is the current list used for the current SDDP 462k (as of Dec 16, 2022), we will use this one to show the absence of school zones.
The major reason for the update was the addition of 8 school zones on specific roadways in the county that were not present on any of the previous List of Roads (LOR). And under OCGA 40-14-18, the camera systems permit (ATESD) cannot be acquired if the school zones were not on the List of Roadways. AND the Sheriff's Office cannot legally issue citations for violations within School Zone timeframes and School Zone Speed Limits, precisely because most of the School Zones were absent from previous List of Roads (LOR) for the previous Speed Detection Device Permits from #0220-255 and previous.
The Georgia Department of Transportation changed this checklist On November 29, 2022. here is the past version Revised in Sept 2022 and the newest version Revised November 29, 2022.
Below is an email written by the Georgia Dept of Transportation, confirming this update was made to add school zones which were absent from the previous List of Roads. After the approval of ATESD permits for Spalding County. It also states Aril 18, 2022 when signed.
The last ON and OFF System or Ordinance Resolution on Second Read, was adopted by the county commissioners on March 3, 2020. Ordinance Resolutions #2020-ORD-02 changed chapter 7-1001.5 ON Systems and 2020-ORD-03 changed and updated chapter 7-1002 OFF Systems, for List of Roads #0220-255, which was used for SDDP # 462J.
No ordinance resolution was presented to update the current local ordinances for ON and OFF Systems List of Roads and school zones (LOR #0322-255 SDDP 462k) until Dec 5, 202, Rule of the Road Resolution, and this is not approved yet until second read and vote probably on December 19, 2022. So, from March 2020 to Dec 5 or 19, 2022, Ordinances 7-1001.5, 7-*1002 were not updated.
WHAT DOES THIS MEAN?
This means prior to December 5 or 19, 2022, the county did not update its local ordinances via ordinance resolutions to reflect added school zones and added timeframes and changed speed limits on the List of Roads LOR #0322-255 dated April 18, 2022. The speed limits decreased in school zone areas should have had an ordinance resolution, read twice, and presented and voted on by the Spalding County Commissioners. Plus, any speed limit changes on roads already on the List of Roads for the current SDDP 462K, must have traffic studies and sound engineering per GDOT.
Also, it means the signs were not reflective of law and if the signs were not reflective of law, then how can the Sheriff's Office issue a citation when the citizen was not given properly erected signs in school zones, and the information on the sign was not aligned with local ordinances?
HOW DOES THIS AFFECT YOU?
Were you issued a speed citation using ANY FORM OF RADAR in school zones that were absent from SDDP List of Roadways prior to Dec 5, 2022?
If so, you were issued a citation based upon the violation of local ordinances in place, and not on the Speed Detection Device Permit containing the List of Roadways giving the Sheriff the legal authority to run radar on the roads listed in the Speed Detection Device Permit. As the Clerk states on November 28, 2022 above, the List of Roads is not an ordinance or resolution to change or update the ordinances legally.
The Spalding County Commissioners, the local legislative branch governing authority, must adopt by decree via ordinance resolution local mandates for ON System and OFF System List of Roadways and any other mandated laws for traffic or motor vehicle usage. This establishes local ordinance to be enforced by local law enforcement. And being the Sheriff's Office is the law enforcement for the county, this gives them ordinances to uphold and issue citations based upon the violation of those local ordinances. Ordinances vary from county to county. The Rules of the Road resolution would align the ordinances with the state. But if the county wants to change with an amendment, they will be able to do so.
The Speed Detection Device Permit gives the local Sheriff's Office and local Law Enforcement Agencies the authority to run radar on local roads, but the roads must be listed on the current SDDP in order to issue citations using ANY radar.
School zones also must be present on the Speed Detection Device Permit List of Roads in order for the Sheriff's Office to issue citations based upon school zone parameters such as timeframes, distance in length, and mile per hour, especially since the implementation of the school zone camera radar program.
If roads or school zones were absent on previous SDDP and the law enforcement agency issues speed citations based on any RADAR device (in vehicle radar, school zone radar camera, or school bus arm radar camera), then that citation should be in question because they did not have the legal authority to issue a speed citation where school zones and parameters were absent on certain roads, and where roads were absent.
And that means the current SDDP 462K with LOR 0322-255 was not adopted through an ordinance resolution by Spalding County Commissioners.
AND, Carver Road Middle School ZONE at Carver Road and Moreland Road is still not present on any List of Roadways for Spalding County approved by the Georgia Dept of Public Safety. As of Dec 16, 2022.
Any citizen who received a speed citation with school zone camera radar or any radar in school zones absent and counter to ordinances, from Spalding County, should contact their county commissioners, Governor Kemp, and Georgia Attorney General, in writing. And consult an attorney.
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WHAT SCHOOL ZONES WERE ABSENT FROM LOCAL ORDINANCES 7-1001.5 and 7-1002, BUT ADDED TO THE LIST OF ROADS 0322-255 IN APRIL 2022?
List of 8 school zones on specific roads were added to List of Roads (LOR) # 0322-255 April 18, 2022, absent from ALL previous List of Roadways:
Beaverbrook Elementary @ Birdie Road
Carver Road Middle School @ Carver Road and Moreland Road (still absent on any LOR as of 12.16.22)
Futral Road Elementary @ Futral Road and Wilson Road
Griffin High School @ SR 16 (On Master State Order but not on 7-1001.5)
Jordan Hill Elementary @Dobbins Mill and Dundee Lake
Kennedy Road Middle School @ Kennedy Road
Moreland Road Elementary @ Carver Road
Rehoboth Middle School @ Rehoboth Road and McDonough Road
Spalding High @ Wilson Road
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WHAT SCHOOLS ZONES WERE PRESENT ON LOCAL ORDINANCES 7-1001.5 AND 7-1002 AND PREVIOUS LIST OF ROADS PRIOR TO APRIL 2022?
Total of 2 School zones on last Ordinance Resolutions 2020-ORD-02 for ORD 7-1001.5 ON SYSTEMS:
Cowan Road Elementary @ SR 92: 7-8am and 3-4 pm 35 MPH
Jackson Road Elementary: SR 155 7:45-8:45am and 2:15 to 3:30pm 35MPH
Total of 4 School zones on 5 different Roads on last Ordinance Resolutions 2020-ORD-03 for ORD 7-1002 OFF SYSTEMS:
Atkinson Elementary @ North Hill Street: 7:30-8:30am and 2:30-3:30 25MPH
Cowan Road Elementary/Middle@ 7:30-9am and 2:30 to 4:30 pm 25MPH
Jordan Hill Elementary @ Jordan Hill Road 7:30-8:30am and 2:30-3:30pm 25MPH
Jordan Hill Elementary @ North Hill Street 7:30-8:30am and 2:30-3:30pm 25MPH
Moreland Road Elementary @ Moreland Road 7:15-8:15 am and 2:30-3:30pm 25MPH
SEE ATTACHMENTS 2020-ORD-02 AND 2020-ORD-03 ABOVE:
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School Zones where citations were issued based upon Speed Detection Device Permit 462K and LOR 0322-255 timeframes, speed limits, and distances, NOT UPDATED in local Ordinances 7-1001.5 ,7-1002 ,and 7-1003
Beaverbrook Elementary, Carver Road Middle School, Cowan Road Elementary, Futral Road Elementary, Jordan Hill Elementary, Kennedy Middle, Moreland Road Elementary, Rehoboth Middle, Spalding High.
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Roads where citations were issued in school zones with no ATESD Permits as of Nov 28, 2022:
Carver Road: North Bound South Bound at Moreland Road Elementary
Carver Road: North Bound South Bound at Carver Road Middle School.
Carver Road Elementary: Both EB/WB Moreland Road and NB/SB Carver Road.
Crescent Road: East Bound And West Bound at Crescent Road Elementary (City of Griffin, GPD)
Dobbins Mill Road: East Bound West Bound at Jordan Hill Elementary. (Sheriff County) Dundee Lake: East Bound West Bound at Jordan Hill Elementary. (Sheriff County) North Hill Street Extended : North Bound at Jordan Hill Elementary. (Sheriff County) (Even though the ATESD states both Extender and Jordan Hill, these two roadways are separate entities and should have their respective ATESD permits)
Issued Citations by the Sheriff's Office in Spalding County School zones on specific roads from April 1 2022 to November 21 2022. But verra mobility did not have data for November for monies receiv3ed by fines.
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NOTE: The Sheriff's Office states on their Frequently asked Question Page:
Q: What laws allow the operation of school speed zone cameras in Spalding County?
A: The law pertaining to school speed zone cameras can be found in OCGA § 40-14-18 which is mirrored by and adopted by Spalding County in Chapter 7 of Spalding County Ordinances.
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WHAT HAPPENS IF SPALDING COUNTY DID NOT CHANGE THE ORDINANCE TO REFLECT THE SCHOOL ZONES, TIMEFRAMES, AND SPEED LIMITS IN THOSE SCHOOL ZONES?
That would mean the signs changed were not reflective of law or local ordinances. Whether if it was reduction of speed limits in school zones, school zone additions on specific roadways, or timeframe change, or if the federal 1,000ft school zone law was not followed.
Meaning: If the sign was changed to reflect the SDDP 462K List of Roadway 0322-255 for the school zone camera program and the county did not present an ordinance resolution and adopt it, then the sheriff's office cannot issue speed citations based solely upon the SDDP LOR, if local ordinances and laws were not violated. Under the law properly marked signs must be presented.
EXAMPLE: If you received a school zone radar camera speed citation at Futral Road Elementary school zone on Futral Road for speeding going 36 MPH, between 7 am and 8 am on Dec 15, 2022, and the ordinance 7-1002 ORD 2020-ORD-03 Dated March 3, 2020, reads this:
And if the 7-1003 Reads This Last Updated August 2009
(c)Futral Road, from a point one thousand (1,000) feet west of its intersection with Wilson Road and Wilson Road from a point one thousand (1,000) feet south of its intersection with Futral Road to be zoned for twenty-five (25) miles per hour from 7:30 a.m. to 8:30 a.m. and from 2:30 p.m. to 3:30 p.m., school days only. MUNICODE VERSION (ORR did not have all 7-1003 resolutions for this section)
And if the SDDP 462K LOR 0322-255 dated April 18, 2022 Reads This:
NOTE: the total distance is 0.38 miles for this school zone, which equals to 2006.4 feet.
OCGA 2021 Georgia Code: Title 40 - Motor Vehicles and Traffic: Chapter 14 - Use of Speed Detection Devices and Red Light Cameras: Article 2 - Speed Detection Devices § 40-14-1.1. Definitions: (5) "School zone" means the area within 1,000 feet of the boundary of any public or private elementary or secondary school. According to 18 USCS § 921 (25) School Zone means in, or on the grounds of, a public, parochial or private school; or within a distance of 1,000 feet from the grounds of a public, parochial or private school
Were you violating the local ordinance or violating the parameters on the List of Roads for the SDDP?
As you can see from above the difference from one to the next, one must ask, how can the Sheriff's Office or law enforcement issue a citation if there is no clear standard adopted to reflect changes by resolutions by the county commissioners on a consistent basis, especially if the signs are and have not been reflective of local ordinances?
How long has this gone on?
PLEASE CONTACT THE COUNTY COMMISSIONERS AND SHERIFF and Governor Kemp and the Georgia Attorney General.
And please contact a lawyer for legal counsel and advice as we are not.
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Current SDDP 462K Dated May 13, 2022 LOR 0322-255
For reference: Former SDDP 462J Dated May 18, 2020 LOR 0220-255: Futral Road Elementary Absent:
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SCHOOL SIGNS:
In March 2021 (Google) the Signs read this, which was not reflective of the ordinances 7-1002 or 7-1003 at the time either. And Futral Road Elementary School Zone was absent from previous SDDP List of Roadways 0220-255 and all previous LOR's.
This is the most current sign type erected for school zones in the Spalding County for Elementary Schools:
From April 2022 to Dec 2022 Spalding County Chapter 7: Motor Vehicle and Traffic ordinances 7-1001.5, 7-1002, and 7-1003 were not updated by ordinance resolutions, read twice, and adopted by county commissioners to reflect the current SDDP 462K List of Roadways 0322-255 with added school zones on specific roadways, timeframes, and speed limits adopted on April 4 and depending on the version signed April 4 or April 18, 2022.
And from March 2020 to Dec 2022 a new ordinance resolution was not presented, read twice, and voted and adopted by the Spalding County Commissioners to update ON System 7-1001.5 and OFF System 7-1002 Ordinances.
And 7-1003 school zones were not updated to reflect the current SDDP 462K LOR 0322-255 parameters for schools with an ordinance resolution.
You have every right to petition the county on your behalf regarding this blog post.
Please contact your local city or county commissioner and Governor Kemp, as well as the Attorney General of Georgia. And consult an attorney.
Disclaimer: this information could have changed we do not guarantee the most up to date information. Please do not take our word for it, please do your due diligence and apply for FOIA information yourself. We are not attorneys and do not provide legal advice, although we tell you to contact your local government and state government as needed.
If attachments did not download or you are having a hard time, please use the contact form on front page of website.
LINKS:
Governor Kemp: https://gov.georgia.gov/contact-us
Spalding County Commissioners: https://www.spaldingcounty.com/government/board-of-commissioners/
Sheriff's Office of Spalding County: https://www.spaldingsheriff.org/index.html
Attorney General of Georgia: https://law.georgia.gov/contact-us
Spalding County Ordinance Part VII - MOTOR VEHICLES AND TRAFFIC
Spalding County NOVUS for meeting minutes and agendas: https://spaldingcounty.novusagenda.com/agendapublic/#
OCGA for adopting Ordinances for Motor Vehicles and Traffic:
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