Good afternoon, Mr. Avery,
This is Marian Maloney, your Public Defender. I just wanted to follow up with you about what happened in court this afternoon. I know that we stayed after to discuss what had transpired, but since you were having some difficulty hearing, here is a short synopsis:
1. Your case has been specially set for trial on September 13, 2016 at 2 pm. You and I will meet before then; I will be in touch later about a good time when we can meet to go over everything for your case.
2. The County, through its prosecutor, made a motion asking the judge to issue a cease and desist. I opposed the motion, arguing that you are innocent until proven guilty. Judge would not grant the County's motion; however, Judge made clear that if you are not in compliance with the code sections, that you are exposing yourself to having more tickets issued to you for every day that you are in violation. Below are the specific code sections for which they have written you citations so that you know what the code sections say.
I hope that you have a wonderful evening, and I look forward to working with you on your case.
Sincerely,
Marian Maloney
This is Marian Maloney, your Public Defender. I just wanted to follow up with you about what happened in court this afternoon. I know that we stayed after to discuss what had transpired, but since you were having some difficulty hearing, here is a short synopsis:
1. Your case has been specially set for trial on September 13, 2016 at 2 pm. You and I will meet before then; I will be in touch later about a good time when we can meet to go over everything for your case.
2. The County, through its prosecutor, made a motion asking the judge to issue a cease and desist. I opposed the motion, arguing that you are innocent until proven guilty. Judge would not grant the County's motion; however, Judge made clear that if you are not in compliance with the code sections, that you are exposing yourself to having more tickets issued to you for every day that you are in violation. Below are the specific code sections for which they have written you citations so that you know what the code sections say.
I hope that you have a wonderful evening, and I look forward to working with you on your case.
Sincerely,
Marian Maloney
Citations allege violations of code sections: 21-13, 27-1583 (A)(2), 27-1584(C)(1)
Sec. 21-13. - Restrictions in residential zoning districts.
The following regulations shall pertain to lots located in single family residential zoning districts and R-DT, TND, RA5, RA8, RCH, MHP, NCD and RM zoning districts:
(1)
Lots used for residential purposes other than for apartments, condominium, mobile home, or townhouse developments shall not have an aggregate sign area greater than twenty-four (24) square feet per lot. Flags and banners shall not be included in the calculation of aggregate sign area. Subdivision and entrance signs shall not be included in the calculation of aggregate sign area;
Sec. 27-1583. - Temporary outdoor seasonal activities.
Temporary outdoor seasonal activities include the sale of retail merchandise associated only with recognized seasonal and federal holidays, the sale of farm produce, Mother's Day, Easter, and Valentine's Day, subject to the following regulations:
(a)
Use regulations.
(1)
A special administrative permit shall be required, for all temporary outdoor seasonal activities.
(2)
Events or sales of retail merchandise not customarily associated with seasonal or federal holidays or farm produce is prohibited.
Sec. 27-1584. - Temporary outdoor retail sales displays.
Temporary outdoor retail sales displays and related outdoor storage activities include the exhibition or representation of goods, merchandise, materials, or other items sold or bought at a retail establishment in which the items are displayed or sold outside the confines of a wholly enclosed building, and which are associated with the principal use of an existing business. Temporary outdoor retail sales displays shall not include events for which no business license is required (e.g. cookie sales). Temporary outdoor retail sales displays shall be subject to the following regulations.
(c)
Setback and display requirements.
(1)
All temporary outdoor retail sales display activities, including installation or erection of associated temporary display and sales structures, and stand-alone merchandise, display tables, or display racks, must be set back at least ten (10) feet from a county or state right-of-way.
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Marian E. Maloney
Law Office of the Public Defender of DeKalb County
320 Church Street
Decatur, GA 30030
(404) 371-2222
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Hello Marian,
Thank you for being patient with me this afternoon.
Sincerely yours,
James E. Avery, D.V.M.
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