HomeMy Public PortalAbout44-2014 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.
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ADOPTED THIS DAY OF CJir - , 2014.
fr:YOR
A'IThST:
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RK OF COUNCIL
FIRST READING: If I l 1--
SECOND READING:$ 4'4
ENACTED:
Tybee/Ordinances/2014/44-2014 Sec 54-5 damage to and intrusion upon property 07.23.14
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