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Home My Public Portal About130_010_First Reading Ord 44-2014; MC 54-5 - disposing of litter MAYOR rc « S , CITY MANAGER Jason Buelterman Diane Schleicher CITY COUNCIL + r CITY CLERK Wanda Doyle,Mayor Pro Tem I Ci Janet LeViner Barry Brown I , Rob Callahan \ ' ` CITY ATTORNEY Bill Garbett Edward M.Hughes Monty Parks ckb41 � 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: August 14, 2014 Item: Public Hearing Explanation: Text Amendment Ord. 44-2014; Municipal Code Sec. 54-5, Damage To and Intrusion Upon Property; City of Tybee Island, petitioner; consideration of regulations for litter Budget Line Item Number (if applicable): N/A Paper Work: Ai Attached* I 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: July 23, 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 4�y� PART II -CODE OF ORDINANCES Chapter 54-STREETS, SIDEWALKS AND OTHER PUBLIC PLACES ARTICLE I. IN GENERAL redline 07/23/2014 Sec. 54-5. Damage to and intrusion upon property. (a) It shall be unlawful for any person to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or Leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property; or (2) The litter is placed into a litter receptacle or container installed on such property; Of and (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less the $100.00 nor more than $300.00; (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right-of-way, for a distance not to exceed one mile, any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right-of-way, or with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this section. (Code 1983, § 5-1-5) Tybee Island, Georgia, Code of Ordinances Page 1 ORDINANCE NO. 44-2014 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES TO AMEND SECTION 54-5, DAMAGE TO AND INTRUSION UPON PROPERTY, 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 amend the Code dealing with parking decals so as to place limitations thereon, and for other purposes, and WHEREAS, the City of Tybee Island desires to amend Section 54-4. Damage to and intrusion upon property, to clarify same; and NOW, THEREFORE, be it ordained by the governing authority of the City of Tybee Island that the Code of Ordinances is hereby amended so as to clarify Section 154-5and that the Code shall be amended as hereinafter provided. SECTION 1 Section 54-5 is hereby amended and it shall hereafter read as follows: Sec. 54-5. Damage to and intrusion upon property. (a) It shall be unlawful for any person to dump, deposit, throw, or leave or to cause or permit the dumping, depositing, placing, throwing, or leaving of litter on any public or private property in this state or any waters in this state, unless: (1) The property is designated by the state or by any of its agencies or political subdivisions for the disposal of litter and the person is authorized by the proper public authority to use such property; or (2) The litter is placed into a litter receptacle or container installed on such property; and (3) The person is the owner or tenant in lawful possession of such property or has first obtained consent of the owner or tenant in lawful possession or unless the act is done under the personal direction of the owner or tenant, all in a manner consistent with the public welfare. (b) Any person who violates subsection (a) of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as follows: (1) By a fine of not less the $100.00 nor more than $300.00; (2) In the sound discretion of a court in which conviction is obtained, the person may be directed to pick up and remove from any public street or highway or public right-of-way, for a distance not to exceed one mile, any litter the person has deposited and any and all litter deposited thereon by anyone else prior to the date of execution of sentence; or (3) In the sound discretion of the judge of a court in which conviction is obtained, the person may be directed to pick up and remove from any public beach, public park, private right-of-way, or with the prior permission of the legal owner or tenant in lawful possession of such property, any private property upon which it can be established by competent evidence that the person has deposited litter, any and all litter deposited thereon by anyone prior to the date of execution of sentence. (c) The court may publish the names of persons convicted of violating subsection (a) of this section. 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. 2 ADOPTED THIS DAY OF , 2014. MAYOR ATTEST: CLERK OF COUNCIL FIRST READING. SECOND READING: ENACTED: Tybee/Ordinances/2014/44-2014 Sec 54-5 damage to and intrusion upon property 07.23.14 3