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Home My Public Portal About130_030_2nd Reading Ord. 05-2014 amusement parks MAYOR S CITY MANAGER Jason Buelterman 41>, Diane Schleicher CITY COUNCIL + '", CITY CLERK Wanda Doyle,Mayor Pro Tern I Janet LeViner Barry Brown Rob Callahan 7 " �� CITY ATTORNEY Bill Garbett #r _ Edward M. Hughes Monty Parks Nti Paul Wolff ( '! CITY OF TYBEE ISLAND City Council Agenda Item Request Agenda Item Requests and supporting documentation must be submitted to the Clerk of Council by 4:00PM on the Thursday prior to the next scheduled Council meeting. If this form is received after the deadline, the item will be listed on the next scheduled agenda. Council Meeting Date for Request: January 9, 2014 Item: Second Reading Explanation: Text Amendment—Ordinance /12 2013 05-2014; Section 3-220,Amusement Parks and Areas of Amusement; City of Tybee Island, petitioner; consideration of amendment to activities allowed No changes were recommended during First Reading on December 12, 2013. Budget Line Item Number (if applicable): N/A Paper Work: i Attached* Audio/Video Presentation** * Electronic submissions are requested but not required. Please email to jleviner@cityoftybee.org. ** Audio/video presentations must be submitted to the IT department at City Hall by 4:00PM on the Thursday prior to the scheduled meeting. Submitted by: Dianne Otto Phone/Email: (912) 472-5031 / dotto@cityoftybee.org Comments: Date given to Clerk of Council: January 2, 2014 * * P.O.Box 2749—403 Butler Avenue,Tybee Island, Georgia 31328-2749 *Certified (866) 786-4573—FAX(866) 786-5737 , City of , Ethics , www.cityoftybee.org �,B L�yy�' MAYOR r CITY MANAGER Jason Buelterman ` . Diane Schleicher CITY COUNCIL i'� - . ;. CITY CLERK Wanda Doyle, Mayor Pro Tern ( Janet LeViner Barry Brown Jan Fox CITY ATTORNEY Bill Garbett }sr ://i Edw ard M. Hughes Tom Groover f 1 Paul Wolff rthorrdex- CITY OF TYBEE ISLAND Description: Amusement Parks Ordinance: Section 3-220 Zoning Action Requested: Text Amendment -- FIRST READING Following any required Public Hearing, the Mayor and Council of the City, on the 12th day of December, 2013, decided to APPROVE as presented. 0 ,,,,,�--) I t3 - 13 Planning and Zoning Manager Date dr 7ksie,A...... 1 7_1/4./1 ,, yor Date ,��//& 43 Cie of of o ncil Date P.O. Box 2749 —403 Butler Avenue, Tybee Island, Georgia 31328-2749 (912) 786-4573— FAX (912) 786-5737 www.cityoftybee.org 'yes , 1 Y , '' urn I ,h PLANNING COMMISSION NOTICE OF DETERMINATION Meeting date: November 19, 2013 Project Name/Description: Section 3-220—Amusement Parks Action Requested: Text Amendment Special Review Subdivision: Site Plan Approval Sketch Plan Approval Conceptual Zoning Variance Preliminary Plan Approval Amendment to Zoning Map Final Plat Approval Text Amendment to Land Development Code X Minor Subdivision Major Subdivision Petitioner has met all documentation requirements, all external approval requirements, and all code requirements, except for the following: VOTE FOR ' AGAINST COMMENTS Bishop X Borkowski X Motion to approve Bramble X Callahan X Marion X McNaughton X Second Parks Chair Absent The Planning Commission recommends: e/ Approval ❑ Denial ❑ Continued '''''..--------7 Planning Commission Cha / Date: E 1 'Z - I 3 Planning& Zoning Manager: S . -- 1r Date: L I —20—I 3 CURRENT ORDINANCE Sec. 3-220. Amusement parks. The sale of alcoholic beverages is not permitted on the property of any amusement park. Also, as required by Article V, Chapter 58, of the City Code, eating and drinking establishments must be housed in a fixed structure and certified by the Chatham County Health Department. (Ord. Correction to dates, amended 4-14-2005; Ord. No. 20-2011, 4-28-2011) REDLINE OF PROPOSED ORDINANCE Sec. 3-220. Amusement parks and areas of amusement. Whether an area is owned, leased or rented, T the sale and/or consumption of alcoholic beverages is not permitted on the property of any amusement park or within any area of commercial amusements, including but not limited to a merry-go-round, ferris wheel, bounce house, water slide, pony ride and/or any other such commercial entertainments, whether or not located on the property of any amusement park. Also, as required by Article V, Chapter 58, of -• 2 _ - - -_ • - !-e- ---- . Such area of commercial amusement shall at a minimum be confined within secure fencing posted with prominent signage at each entrance stating: No Alcohol Beyond this Point. Additional regulation of an amusement may be imposed by City Council during consideration of a special event application. See Municipal Code Chapter 54, Article Ill — Special Events. PROPOSED ORDINANCE Sec. 3-220. Amusement parks and areas of amusement. Whether an area is owned, leased or rented, the sale and/or consumption of alcoholic beverages is not permitted on the property of any amusement park or within any area of commercial amusements, including but not limited to a merry-go-round, ferris wheel, bounce house, water slide, pony ride and/or any other such commercial entertainments, whether or not located on the property of any amusement park. Such area of amusement shall at a minimum be confined within secure fencing posted with prominent signage at each entrance stating: No Alcohol Beyond this Point. Additional regulation of an amusement may be imposed by City Council during consideration of a special event application. See Municipal Code Chapter 54, Article Ill — Special Events. 11/12/2013 ORDINANCE NO. 05-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES PERTAINING TO SECTION 3-220 REGARDING AMUSEMENT PARKS FOR THE CITY OF TYBEE ISLAND, GEORGIA WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is authorized under Article 9, Section 2, Paragraph 3 of the Constitution of the State of Georgia to adopt reasonable ordinances to protect and improve the public health, safety, and welfare of the citizens of Tybee Island, Georgia, and WHEREAS, the duly elected governing authority for the City of Tybee Island, Georgia, is the Mayor and Council thereof, and WHEREAS, the governing authority desires to adopt ordinances under its police, zoning, and home rule powers, and WHEREAS, the City of Tybee Island so as to amend Section 3-220, Amusement parks, so as to clarify its terms; and NOW, THEREFORE, it is hereby ordained by the governing authority of the City of Tybee Island that Section 3-220 of the Code of Ordinances of the City of Tybee Island shall be amended. SECTION 1 Section 3-220 will be amended and will read as follows: Sec. 3-220. Amusement parks and areas of amusement. Whether an area is owned, leased or rented, the sale and/or consumption of alcoholic beverages is not permitted on the property of any amusement park or within any area of commercial amusements, including but not limited to a merry-go-round, ferris wheel, bounce house, water slide, pony ride and/or any other such commercial entertainments, whether or not located on the property of any amusement park. Such area of amusement shall at a minimum be confined within secure fencing posted with prominent signage at each entrance stating: No Alcohol Beyond this Point. Additional regulation of an amusement may be imposed by City Council during consideration of a special event application. See Municipal Code Chapter 54, Article Ill — Special Events. SECTION 2 The sections, paragraphs, sentences, clauses and phrases of this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared illegal or invalid by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance. SECTION 3 All ordinances and parts of ordinances in conflict herewith are expressly repealed. SECTION 4 It is the intention of the governing body, and it is hereby ordained, that the provisions of this ordinance shall become effective and be made a part of the Code of Ordinances, City of Tybee Island, Georgia, and the sections of this ordinance may be renumbered to accomplish such intention. SECTION 5 This ordinance shall be effective upon its adoption by the Mayor and Council pursuant to the ordinances of the City. ADOPTED THIS DAY OF , 2014. MAYOR A TEST: CLERK OF COUNCIL FIRST READING: 12.12.13 SECOND READING: ENACTED: EMH/Tybee/Ordinances/2013/42-2013-Sec.3-220, amusement parks—12.02.13 EMHaybee/Ordinances/2014/05-2014 Sec 3-220,amusement parks-12.26.13