O'BRIEN v. DeKalb County

O’Brien and Smith, employees of an apartment management company, were prosecuted, convicted, and fined pursuant to DeKalb County fire ordinances for failing to meet fire code regulations. They challenge the constitutionality of the ordinance as applied and on its face.

Two ordinances are involved. Section 4-3002 of the DeKalb County Code provides: “It shall be unlawful for any person to violate this article, to permit or maintain such a violation, to refuse to obey any provision thereof, or to fail or refuse to comply with any such provision or regulation, except as variation may be allowed by…