§ 16-19. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Building contractor means any person, firm, partnership, corporation or other entity engaging in, undertaking or carrying on any business consisting of or relating to building construction, repair, renovation or making improvements to real property including dwellings, homes, buildings, structures, or fixtures attached thereto.

Curfew means a regulation requiring the withdrawal from any person not otherwise exempt from this section from appearing in certain public areas during specified hours.

Disaster means any natural, technological, civil emergency or threat thereof that causes or has the potential to cause damage of sufficient severity and magnitude to result in a declaration of a state of emergency declared by a county, the Governor or the President of the United States.

Doing business refers to any building contractor that:

(1)

Has or operates an office, agency, project site or place of business located in the incorporated areas of the city, whether permanently, temporarily, periodically, or otherwise, that provides the following activities in the incorporated areas of the city expressly including but not limited to the construction, renovation or repair of dwellings or buildings or the making of improvements to real property or any fixtures attached thereto; or

(2)

Performs the following activities or services in the incorporated areas of the city expressly including but not limited to the construction, renovation or repair of dwellings or buildings or the making of improvements to real property or any fixtures attached thereto regardless of the location of the principal office.

Emergency means any natural or manmade event requiring the activation of the local emergency operations plan.

Emergency management means the preparation for the carrying out of all emergency functions other than functions for which military forces are primarily responsible to prevent, minimize, and repair injury and damage resulting from emergencies, energy emergencies, disasters, or the imminent threat thereof, of manmade or natural origin caused by enemy attack, sabotage, acts of domestic or international terrorism, civil disturbance, fire, flood, earthquake, wind, storm, wave action, oil spill or other water contamination requiring emergency action to avert danger or damage, epidemic, air contamination, blight, drought, infestation, explosion, riot or other hostile action, radiological action, or other causes. These functions include, without limitation, firefighting services; police services; emergency medical services; rescue; engineering; warning services; communications; defense from radiological, chemical, biological, and other special weapons to include weapons of mass destruction; evacuation of persons from stricken areas; emergency welfare services; consequence management functions to include victim services; emergency transportation; plant protection; temporary restoration of public utility services; and other functions related to civilian protection, together with all other activities necessary or incidental to the preparation for and carrying out of the foregoing functions.

Essential officers and employees; nonessential employees means and refers to the mayor, constitutional officers, the police chief, policemen, police and other dispatchers, emergency medical service providers, road department employees and code enforcement personnel. All other city personnel are nonessential employees.

Fees means any fee or rate charged by the city for building permits, land disturbance permits, zoning applications, special land use permits, temporary land use permits, and other fees relating to the reconstruction, repair and cleanup of areas impacted by the disaster or emergency. The term "fees" shall not include those fees collected by the city on behalf of the federal or state government or those fees charged by the city pursuant to a federal or state statute or regulation.

Local emergency or emergency situation means an actual or potential condition during any emergency situation where there exist conditions of extreme peril to the safety of persons and property within the territorial limits of either the city caused by natural disasters, riots, civil disturbances, or other situations presenting major law enforcement and other public safety problems, which conditions or are likely to be beyond the control of the services, personnel, equipment and facilities of either the city police department or the county sheriff's department to combat, pursuant to O.C.G.A. § 36-69-2.

Local emergency management director means the person nominated by the local governments and appointed by the state emergency management director to implement the local emergency operations plan.

Overcharging means charging prices for goods, materials, services, or housing that are substantially in excess of the customary charges or in applicable cases substantially in excess of the supplier's or provider's costs for such goods, materials, services or housing. The existence of overcharging shall be presumed from a substantial increase in the price at which the goods, materials, services, or housing were offered in the usual course of business immediately prior to the onset of the emergency, but shall not include increases in costs to the supplier directly attributable to higher costs of materials, supplies, and labor costs resulting from the emergency.

State emergency management director means the person appointed by the governor to head the state emergency management agency.

State of emergency means, as defined by O.C.G.A. § 38-3-3(5), a condition declared by the governor when, in his judgment, the threat or actual occurrence disaster, emergency, or energy emergency is of sufficient severity and magnitude to warrant extraordinary efforts in preventing or alleviating the damage, hardship, or suffering threatened or caused thereby.

Subsequent recovery period means the period of time that the disaster emergency continues to cause disruptions in the area impacted by the disaster emergency. The "subsequent recovery period" shall not exceed six months the state of emergency declaration by the governor is terminated unless extended by official action of the city council.

Temporary dwelling means any mobile or easily movable home, trailer recreational vehicle or structure not otherwise permitted by the zoning regulations a particular zoning district.