City Attorney Nathan Davis said the ordinance, passed unanimously at the commission work session, would complement a similar state law if it is officially passed by commissioners at their business meeting Tuesday.
During discussion of the proposed ordinance, Commissioner Bob Langstaff, an attorney, questioned Davis about potential challenges to the language of the ordinance.
“I don’t want our law enforcement officers to do the leg work and have a case fail because the ordinance fails to stand up in court,” Langstaff said. “I’d rather see you do the leg work up front.”
Included in the proposed language of the ordinance is the paragraph:
“It shall be unlawful for any person or corporation to sell, rent, lease, give, exchange, otherwise disseminate or possess with intent to distribute any object or materials of any kind which such person or corporation intends to use for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body marijuana, cocaine, crack, ice, methamphetamine or other controlled substances.”
Commissioner Morris Gurr asked Albany-Dougherty Drug Unit commander Maj. Derrell Smith if other items or drugs might be added to the list to make it more comprehensive.
“I think the language in the ordinance covers everything,” Smith said. “If we start listing specific items or drugs, we could end up narrowing the definition. If some new drug or (paraphernalia) comes along, it might not fall under any specific list we might have.”
Davis said language in the ordinance was written to “hopefully withstand” any legal challenge.
“We ask in the ordinance that the court consider ‘all logically relevant’ factors,” Davis said. “Those words — ‘logical’ and ‘relevant’ — we hope will allow us to withstand any challenges.”
Prior to the discussion, Smith displayed a number of items bought at local convenience stores and explained their usage as drug paraphernalia.
Commissioners also gave tentative approval to a request by members of the Country Club Estates Homeowners Association for a rezoning hearing with the Albany-Dougherty Planning Commission. Bob Hutchinson, president of the group, referenced a letter he sent to the commission asking that the former golf course in the neighborhood be rezoned R-2 (single-family) from its current R-6 (multiple dwelling residential).
The group wants to discourage future high-density apartment construction in the neighborhood.
Code Enforcement Director Mike Tilson gave an update on fire-damaged cases in the city, telling commissioners “things are moving at a much faster pace, and cases needing demolition are now few and far between.”
Commissioner Dorothy Hubbard asked Tilson if property owned by the city — such as burned property at 411 Odom Ave. — was subject to the same standards as property owned by individual taxpayers. When Tilson said it was, Hubbard replied, “We should be. We should be held to the same requirements as our taxpayers.”
The commission also approved a one-day alcohol license for an Easter Seals fundraiser Feb. 26; OK’d an alcohol license transfer for the recently sold Break Time Pub and Billiards establishment; and approved alcohol license applications for the Southside Supermarket at 2401 MLK Jr. Drive, Bobby’s Lounge at 1408 W. Broad Ave. and Chasers Place at 2900 Sylvester Road.
Other matters given tentative approval included a pest control contract (Orkin Exterminating of Albany, $42,002.16); management and maintenance services for water pollution control (OMI of Englewood, Col., $1,088,142.86); use of special-purpose local-option sales tax money to build new concession stands at the Eighth Avenue Ballpark; Historic Preservation Commission-approved demolition of structures at 209 and 211 Second Ave. and on Society Avenue and an addition at 513 W. Gordon Ave.
