Ordinances lower penalties on lesser offenses

The Board of Commissioners unanimously approved four ordinances that offer the possibility of a lighter penalty for lower-level offenses during its monthly meeting on Monday night.

 

These ordinances, which apply to the unincorporated areas of the county outside of the four cities, involve disorderly houses, refusal to disperse, use and possession of drug-related objects and possession of 1 ounce or less of marijuana.

 

Chief Magistrate Judge Megan Coile proposed the ordinances to the BOC, after working with and receiving approval from the Oglethorpe County Sheriff’s Office. 

 

“So being able to do something that's less (invasive), on a county ordinance for someone who might not be into a lot of trouble, a lot of times, that would help them in the long run,” Coile said. “But also it would give our deputies an extra tool to have just in case.”

 

Deputies will be able to charge a county ordinance when they see fit, particularly based on previous criminal history, instead of a more severe criminal charge.

 

“These are things, a lot of times, a teenager gets caught with less than an ounce of marijuana,” Commissioner Tracy Norman said. “You know, if they don't have a record, they’re probably in a lot better position for just life in general. And we’re not trying to wreck somebody's life at all.” 

 

Anyone charged with these ordinances receives a fine of no more than $1,000 and/or possible imprisonment of no more than 60 days, both depending on the situation. 

 

“We try not to just set a number and just leave it at that. We try to look at the totality of the circumstance and go by that because some people clearly can't afford it,” Coile said. “Some people end up on basically a payment plan with probation, that kind of extends that. And we try to nip that in the bud as much as possible.”

 

These ordinances wouldn’t slow down the Superior Court with lower-level offenses and would help free up the backlog of cases at that level. 

 

“They have a lot going on there,” Coile said. “I know it would relieve them a lot. But again, every one of these would be up to the officer.”

 

Colie said the county sees misdemeanor charges of marijuana and drug-related objects at least three to four times per week on the criminal docket, which all go to Superior Court.  

 

“What we see a lot of is several cases of misdemeanor possession and the related objects,” Norman said. “Everybody’s got a marijuana pipe or a vape or a bong or something.” 

 

In other news, the board of commissioners:

 

  • Unanimously approved Travis Legg’s request to rezone 3395 Smithonia Road from agriculture residential to single-family residential to subdivide.

 

  • Unanimously approved an increase in juvenile judge compensation. The board agreed to increase compensation by $316 a month per county for six months, on top of the $3,780 already paid in benefits. 

 

  • Discussed possible ideas for the county to clean out clogged culverts on private driveways. Officials said clogged culverts could have contributed to the recent flooding of several roads around the county. The board didn’t decide on a plan, but discussed potential solutions. 

 

  • Heard from Michael White, recreation department director, who asked for either a renovation of the clubhouse or a new facility at Bryan Park. The BOC discussed the clubhouse’s safety and health issues, including black mold in the basement. No final decision was made, other than not allowing a dance group to practice there for health reasons.

 

  • Unanimously approved a request made by John Kissane, the Firefly Trail’s development coordinator, to sign an application and send a letter of support for a grant to help in the planning of the trail.

 

More Info

 

These ordinances were approved by the Board of Commissioners on Monday night:

  • Disorderly house prohibited: Prohibits the keeping and maintaining of a common, ill-governed, and disorderly house in unincorporated Oglethorpe County.

  • Possession of 1 ounce or less of marijuana: Prohibits the possession of 1 ounce or less of marijuana in unincorporated Oglethorpe County.

  • Refusal to disperse: Prohibits the refusal to disperse in unincorporated Oglethorpe County.

  • Use of, and possession with the intent to use, drug related objects: Prohibits the use of, and the possession with the intent to use, drug related objects in unincorporated Oglethorpe County.