HomeMy Public PortalAbout140_030_Tybee Island Disaster Recovery Ordinance Tybee Island Disaster Recovery Ordinance
WHEREAS, O.C.G.A. §§ 38-3-27 through 38-3-28 and 38-3-54 through 38-3-56 authorizes
the Tybee Island City Council to provide emergency management within the City of Tybee
Island;
WHEREAS, to ensure an effective and coordinated response to disasters, the city wishes to
coordinate emergency management activities and responses with other cities located
within Chatham County, Chatham County, Chatham County Emergency Management
Agency (CEMA), the state of Georgia, particularly the Georgia Emergency Management
Agency (GEMA), and the United States Government, particularly the Federal Emergency
Management Agency (FEMA);
WHEREAS, the mayor and council believe that an ordinance should be adopted to protect
the health and safety of persons and property during an emergency or disaster resulting
from technological or natural causes.
NOW, THEREFORE, BE IT ORDAINED that the Code of Ordinances of the City of Tybee
Island is amended by creating a new Tybee Island Disaster Recovery Ordinance to read as
follows:
Definitions:
Unless specifically defined below, words or phrases used in this ordinance
shall be interpreted so as to give them the meaning they have in common
usage and to give this ordinance its most reasonable application. Words used
in the singular shall include the plural, and the plural the singular; words
used in the present tense shall include the future tense. The words "shall,"
"will," and "must" are mandatory and not discretionary. The word "may" is
permissive.As used in this ordinance,the term:
1. Tybee Island Emergency Operations Plan means the officially adopted,
and Georgia Emergency Management Agency approved, emergency
operations plan for Tybee Island, Georgia.
2. Declaration of Local Emergency means the condition declared by the
Mayor of Tybee Island when, in his judgment, the threat or actual
occurrence of a disaster, emergency, or energy emergency in any part
of the city is of sufficient severity and magnitude to warrant
extraordinary assistance by the city to supplement the efforts and
available resources of the several localities and relief organizations in
preventing or alleviating the damage, loss, hardship, or suffering
threatened or caused thereby.
3. Disaster means any happening that causes great harm or damage.
4. Emergency means any extraordinary condition in which there exists
the threat or actual occurrence of a disaster or event, including an
energy emergency as defined in the Georgia Emergency Management
Act and any amendments thereto, which may result in the large scale
loss of life, injury, property damage or destruction, or in the major
disruption of routine community affairs or business and government
operations, and is of sufficient severity and magnitude to warrant
extraordinary assistance by the city and other agencies to supplement
the efforts of available public and private resources.
5. Emergency Interim Successor means a person designated pursuant to
this ordinance, in the event an officer is unavailable to exercise the
powers and discharge the duties of an office, until a successor is
appointed or elected and qualified as may be prescribed by the
Constitution, statutes, laws, charters, and ordinances of the State and
its political subdivisions, or until the lawful incumbent or the
successor is able to resume the exercise of the powers and the
discharge of the duties of the office.
6. Emergency Management means the preparation for, and the carrying
out of, all emergency and disaster functions, as more fully defined by
this ordinance.
7. Emergency Standing Operating Procedures (SOP) means the standing
operating procedures developed by each emergency response unit for
the purpose of preplanning the unit's response to a request for
emergency assistance.
8. Energy Emergency means a condition of danger to the health, safety,
welfare, or economic well-being of the citizens of this city arising out
of a present or threatened shortage of usable energy resources; also
any condition of substantial danger to the health, safety, or welfare of
the citizens of this city resulting from the operation of any electrical
power-generating facility,the transport of any energy resource by any
means whatsoever, or the production, use, or disposal of any source
material, special nuclear material, or by-product, as defined by the
Atomic Energy Act of 1954, 68 Stat. 919, 42 U.S.C. 2011 et seq.; also
any nuclear incident, as defined by the Atomic Energy Act of 1954,
occurring within or outside this S\state, substantially affecting the
health, safety, or welfare of the citizens of this city.
9. Energy Resources means all forms of energy or power including,
without limitation to, oil, gasoline, and other petroleum products;
natural or synthetic gas; electricity in all forms and from all sources;
and other fuels of any description, except wood.
10. Natural Disaster means any hurricane, tornado, storm, flood, high
water, wind-driven water, tidal wave, tsunami, earthquake, volcanic
eruption, landslide, mudslide, snowstorm, drought, fire, or other
catastrophe which causes, or which may cause, substantial damage or
injury to civilian property or persons.
11. Political Subdivision means cities, counties, towns, villages,
authorities, and any other bodies created by the State and exercising
any of the governmental powers of the State.
12. State of Emergency means the condition declared by the Governor
when, in his judgment, the threat or actual occurrence of a disaster,
emergency, or energy emergency in any part of the state is of
sufficient severity and magnitude to warrant extraordinary assistance
by the state to supplement the efforts and available resources of the
several localities and relief organizations in preventing or alleviating
the damage, loss, hardship, or suffering threatened or caused thereby.
13. Technological or Human-Caused Disaster means the application of
one or more modes of harmful force to the environment. These
include but are not limited to contamination (as in the case of
chemical, biological, radiological, or nuclear hazards), energy
(explosives, arson, and even electromagnetic waves), or failure or
denial of service (sabotage, infrastructure breakdown, and service
disruption) including theft or disruption of cyber networks and
transportation media.
14. Unavailable means either that a vacancy in an office exists as the
result of any emergency as defined in this section and there is no
deputy or other successor authorized to exercise all of the powers and
discharge all of the duties of the office, or that the lawful incumbent of
the office, including any deputy exercising the powers and discharging
the duties of an office because of a vacancy, and his duly authorized
deputy are absent or unable to exercise the powers and discharge the
duties of the office.
Emergency Management:
1. Emergency Management Function Defined:
Emergency Management means the preparation for, and the carrying
out of, all emergency and disaster functions other than those functions
for which military forces or other State and Federal agencies are
primarily responsible to prevent, minimize, and repair damage
resulting from emergencies or disasters, or the imminent threat
thereof, of technological or natural origin. These functions include,
without limitation to, fire-fighting services, police services, medical
and health services, rescue, engineering, warning services,
communications, defense from radiological, chemical and other
special weapons, evacuation of persons from stricken areas,
emergency welfare services, emergency transportation, plant
protection, restoration of public utility services, and other functions
related to civilian population, together with all other activities
necessary or incidental to total emergency and disaster preparedness
for carrying out the foregoing functions.
The Emergency Operations Plan:
a. The City of Tybee Island shall develop and periodically update
the City Emergency Operations Plan (EOP) for the purpose of
establishing policies, procedures, programs, and projects to
implement this ordinance and enable the city to respond to
natural and technological emergency situations.
b. The Director Emergency Management is responsible for the
development, execution, and coordination of the Tybee Island
EOP. This plan shall be developed in close coordination with
the State Office of Homeland Security/Georgia Emergency
Management Agency. It shall also be based on recommended
principles and practices promulgated by the Federal
Department of Homeland Security and other recognized
emergency and disaster preparedness agencies and
organizations.
c. The Plan shall be submitted to the Tybee Island City Manager,
Chatham County Emergency Management Agency Director,
and Georgia Office of Homeland Security/Georgia Emergency
Management Agency for review, comment, and
recommendation to the Tybee Island City Council. The plan
shall be adopted by the Tybee Island City Council by resolution
and may be changed and updated periodically by resolution.
d. Activation of the Tybee Island EOP:
The Chatham County EOP shall become operative as follows:
(1) Automatically by the declaration of a "State of
Emergency" by the Governor of the State of Georgia as
either a state-wide, regional, or local area emergency or
emergency alert; or
(2) Automatically by the Declaration of Local Emergency by
the Mayor of Tybee Island.
(3) On order of the Mayor of Tybee Island, provided that
the existence or threatened existence of a local
emergency has been declared by the Governor of
Georgia; or that the Mayor is acting as the designee of
the governor.
(a) The mayor is hereby authorized to order the
mobilization of any appropriate emergency
response organization, or any portion thereof, as
required to provide for increased readiness in
the event of the threatened existence of an
emergency prior to the activation of the Tybee
Island EOP.
(b) The Tybee Island Emergency Management
Director is authorized to order the activation of
the full Tybee Island EOP and all emergency
response organizations in the event that an
emergency has already occurred but neither the
mayor nor his successor are available, nor can
they be communicated with in a timely fashion;
or, upon the request of the mayor, legally
appointed successor, or the governing body of
Tybee Island.
Role of Chatham County and Municipal Governments During
Non-Emergency Periods:
1. General Powers and Duties of Local Governments:
a. It is the duty of government to provide for the public health,
safety, and welfare of its citizens by making provisions for
emergencies and disasters that may occur at some future date.
Chatham County and the City of Tybee Island are authorized
and empowered by the Georgia Emergency Management Act of
1981, as amended, to make, amend, and rescind such orders,
rules, and regulations as may be necessary for emergency
management purposes. All such orders, rules, and regulations
must be consistent with any orders, rules, or regulations
promulgated by the governor or by any state agency exercising
a power delegated to it by the governor.
b. All orders, rules, and regulations so promulgated shall have the
full force and effect of law when a copy thereof is filed in the
office of the Tybee Island City Clerk. Laws, ordinances, rules,
and regulations inconsistent with the Georgia Emergency
Management Act of 1981 or with any order, rule, or regulation
issued under the authority of the Georgia Emergency
Management Act of 1981 or this ordinance shall be suspended
during a Declaration of Local Emergency to the extent that the
conflict exists.
c. In order to attain uniformity so far as practicable throughout
the United States in measures taken to aid emergency
management, all actions taken under the authority of the
Georgia Emergency Management Act of 1981 and this
ordinance and all orders, rules, and regulations made pursuant
thereto shall be taken or made with due consideration to the
orders, rules, regulations, actions, recommendations, and
requests of federal authorities relevant thereto and, to the
extent permitted by law, shall be consistent with such orders,
rules, regulations, actions, recommendations, and requests.
Emergency Management and Response Powers:
1. Declaration of Local Emergency:
a. Grant of Authority:
In the event of an actual or threatened occurrence of a disaster
or emergency, which may result in the large-scale loss of life,
injury, property damage or destruction, or in the major
disruption of routine community affairs, business or
governmental operations in the city and which is of sufficient
severity and magnitude to warrant extraordinary assistance by
federal, state and local departments and agencies to
supplement the efforts of available public and private
resources, the Mayor of Tybee Island may declare a local
emergency for Tybee Island. The form of the declaration shall
be similar to that provided by this code section.
b. Request for State Assistance:
Consistent with a Declaration of Local Emergency, the mayor
may request the governor to provide assistance, provided that
the disaster or emergency is beyond the capacity of the city to
meet adequately and state assistance is necessary to
supplement local efforts to save lives and protect property,
public health and safety, or to avert or lessen the threat of a
disaster.
b. Continuance:
The Declaration of Local Emergency shall continue until the
mayor finds that emergency conditions no longer exist, at
which time, the mayor shall execute and file with the Tybee
Island City Clerk a document marking the end of the
Declaration of Local Emergency. No state of local emergency
shall continue for longer than 30 days, unless renewed by the
mayor. The Tybee Island City Council may, by resolution, end a
Declaration of Local Emergency at any time.
d. Effect of Declaration of Local Emergency:
(1) Activation of the EOP. A declaration of emergency by
the governor or a declaration of local emergency by the
mayor shall automatically activate the city EOP and
shall be the authority for deployment of personnel and
use of any forces to which the plan applies and for use
or distribution of any supplies, equipment, materials,
and facilities assembled, stockpiled or arranged to be
made available pursuant to the Georgia Emergency
Management Act or any other laws applicable to
emergencies or disasters.
(a) The Mayor of Tybee Island shall have the legal
authority to exercise the powers and discharge
the duties conferred upon the emergency
management agency, including the
implementation of the EOP, coordination of the
emergency responses of public and private
agencies and organizations, coordination of
recovery efforts with state and federal officials,
and inspection of emergency or disaster sites.
(b) In responding and conducting necessary and
appropriate investigations, the mayor or his/her
designee is authorized to enter at a reasonable
time upon any property, public or private, for the
purpose of investigating and inspecting sites
involved with emergency management functions.
The mayor is authorized to execute a right of
entry and/or agreement to use property for
these purposes on behalf of the city; however,
any such document shall be later presented for
ratification at a meeting of the city council.
(c) No person shall refuse entry or access to any
authorized representative or agent of the county
who requests entry for purposes of inspection,
and who presents appropriate credentials. Nor
shall any person obstruct, hamper or interfere
with any such representative while that
individual is in the process of carrying out his or
her official duties.
(2) Emergency Powers:
Following a Declaration of Local Emergency and during
the continuance of such Declaration, the mayor is
authorized to implement local emergency measures to
protect life and property or to bring the emergency
situation under control. In exercising this authority, the
mayor may cause to become effective any of the
following sections of this chapter as appropriate as well
as any other emergency powers conferred upon the
mayor by law. If any of these sections are included in a
Declaration of Local Emergency, the same shall be filed
in the Office of the City Clerk and shall be in effect until
the Declaration of Local Emergency has terminated.
(3) Authority to Waive Procedures and Fees:
Pursuant to a Declaration of Local Emergency, the
Tybee Island City Council is authorized to cause to be
effective any of the subsections of this article as
appropriate. The implementation of such subsections
shall be filed in the Office of the City Clerk.
(4) Additional Emergency Powers. The mayor shall have,
and may exercise for such period as the declared
emergency exists or continues, the following additional
emergency powers:
(a) To enforce all laws, rules, and regulations
relating to emergency management and to
assume direct operational control of all civil
forces and helpers in the city;
(b) To direct and compel the evacuation of all or part
of the population from any stricken or
threatened area, for the preservation of life or
other disaster mitigation, response or recovery;
(c) To control ingress and egress to and from a
disaster area, the movement of persons within
the area, and the occupancy of premises therein;
(d) To prescribe routes, modes of transportation and
destinations in connection with evacuation;
(e) To make provision for the availability and use of
temporary emergency housing, emergency
shelters and/or emergency medical shelters;
(f) To transfer the direction, personnel or functions
of any county departments and agencies or units
thereof for the purpose of performing or
facilitating emergency services;
(g) To utilize all available resources of the city and
subordinate agencies over which the city has
budgetary control as reasonably necessary to
cope with the emergency or disaster; to include
but not be limited to the city's State of Local
Emergency Compensation Policy;
(h) To suspend any law, code provision or regulation
prescribing the procedures for conduct of city
business, or the orders, rules or regulations of
any city agency, if strict compliance with any
ordinance, resolution, order, rule or regulation
would in any way prevent, hinder or delay
necessary action in coping with the emergency
or disaster, provided that such suspension shall
provide for the minimum deviation from the
requirements under the circumstances and
further provided that, when practicable,
specialists shall be assigned to avoid adverse
effects resulting from such suspension;
(i) To provide benefits to citizens upon execution of
an intergovernmental agreement for grants to
meet disaster-related necessary expenses or
serious needs of individuals or families adversely
affected by an emergency or disaster in cases
where the individuals or families are unable to
meet the expenses or needs from other means,
provided that such grants are authorized only
when matching state or federal funds are
available for such purposes;
(j) To perform and exercise such other functions,
powers and duties as may be deemed necessary
to promote and secure the safety and protection
of the civilian population, including individuals
with household pets and service animals prior
to, during and following a major disaster or
emergency;
(k) To conduct the affairs and business of the city at
places other than the regular or usual location,
within or outside of the city, when it is not
prudent, expedient or possible to conduct
business at the regular location. When such
meetings occur outside of the city, all actions
taken by the mayor and council shall be as valid
and binding as if performed within the city. Such
meetings may be called by the presiding officer
or any two members of the governing body
without regard to or compliance with time-
consuming procedures and formalities otherwise
required by law.
(1) To contract for public works without letting such
contract out to the lowest, responsible bidder
and without advertising and posting notification
of such contract for four weeks; provided,
however, that the emergency must be of such
nature that immediate action is required and
that the action is necessary for the protection of
the public health, safety and welfare. Any public
works contract entered into pursuant to this
subsection shall be entered on the minutes of the
county as soon as practical and the nature of the
emergency described therein in accordance with
O.C.G.A. § 36-91-22(e).
(m) To suspend the purchasing ordinances,
regulations or policies. City officials shall
continue to seek to obtain the best prices during
the State of Local Emergency.
(n) To temporarily suspend the enforcement of the
ordinances of the city, or any portion thereof,
where the emergency is of such nature that
immediate action outside the code is required,
such suspension is consistent with the protection
of the public health, safety and welfare, and such
suspension is not inconsistent with any federal
or state statutes or regulations.
(o) To coordinate the exercise of the above
emergency powers within the City of Tybee
Island.
2. Formal of Declaration of Local Emergency:
Upon the Declaration of Local Emergency, an official "Declaration of
Local Emergency," in substantially the same form set forth in
Appendix 1, shall be signed and filed in the Office of the City Clerk and
shall be communicated to the citizens of the affected area using the
most effective and efficient means available. The declaration shall
state the nature of the emergency or disaster, the conditions that
require the declaration and any sections of this article which shall be
in effect. All emergency powers permitted under the state statutes
contained in O.C.G.A. §38-3-27 et seq., and as set forth in section 4-
310(d) of the Tybee Island ordinance regarding emergency
management, shall be in full force and effect during the declaration of
local emergency and shall be implemented as needed to address any
emergency or disaster.
Overcharging Prohibited:
In order to preserve, protect or sustain the life, health or safety of
persons, or their property, within the city limits of Tybee Island
designated in a declaration of emergency, it shall be unlawful, during
the duration of the emergency or subsequent recovery period, for any
person, firm or corporation located or doing business within the city
limits to overcharge for any goods, materials, foods, equipment,
supplies, services, labor, motel rooms, temporary lodging or houses,
sold or rented, within the City of Tybee Island.
1. Definitions:
a Overcharging means charging prices for goods, materials,
foods, equipment, supplies, services, labor, motel rooms,
temporary lodging or houses, which are in excess of the
customary charges by 25% or, inapplicable cases, in excess of
the suppliers' or providers' costs for such goods, materials,
foods, equipment, supplies, services, labor, motel rooms,
temporary lodging or houses, by 25%. The existence of
overcharging shall be presumed from a 25% increase in the
price at which the merchandise or rate, fee, cost/rental of
housing was offered in the usual course of business
immediately prior to the onset of the emergency, but shall not
include increases in cost to the supplier directly attributable to
the higher cost of material, supplies and labor costs resulting
from the emergency.
b Subsequent Recovery Period means that period during which
the emergency continues to cause disruptions in the area
designated in the Declaration of Local Emergency, but shall not
exceed six months after the Declaration of Local Emergency
has been terminated.
2. This section shall become effective only upon the signing of a
Declaration of Local Emergency and the signing of a declaration
stating that it is in effect.
Zoning Regulations Suspended.
1. In order to preserve, protect or sustain the life, health, welfare or
safety of persons, or their property, within the Tybee Island city limits
designated in a Declaration of Local Emergency, temporary mobile/
manufactured/ industrialized homes, travel trailers, recreational
vehicles, campers or mobile/manufactured/industrialized home
parks, campgrounds or other living areas may be located on property
approved by the Tybee Island City Council in any zoning district. The
parks, campgrounds or other living areas shall be designed by an
engineer and plans shall be approved by the Tybee Island Planning
and Zoning Department. Permits may be issued by the planning and
zoning department to establish temporary mobile/manufactured/
industrialized homes or mobile/manufactured/industrialized home
parks for a period not to exceed 18 months. Such approval may only
be extended by the Tybee Island City Council beyond eighteen months
after a public hearing and a demonstrated finding of necessity on
behalf of the city council. Except as provided herein, the Tybee Island
Land Development Code shall remain in full force and effect.
2. This section shall become effective only upon the signing of a
Declaration of Local Emergency and the signing of a declaration
stating that it is in effect.
Emergency Business License:
1. Before conducting any business within an area within the Tybee
Island city limits designated in a Declaration of Local Emergency, a
business license shall be obtained and posted at the work site. Said
business license shall expire at the end of 12 months. The cost of the
emergency business license shall be equal to the cost for a license
issued under current regulations for the business conducted.
2. Applicants shall provide the following information when applying for
a temporary business license:
a. Name of applicant;
b. Permanent address and telephone number of applicant;
c. Local address and telephone number of applicant;
d. Applicant's date of birth and age, if an individual;
e. Applicant's social security number or federal employer
identification number;
f. If applicant is a corporation, the state and date of
incorporation;
g. Tag registration for each vehicle to be used in the business;
h. List of cities where business has been conducted by the
applicant within the past 12 months;
i. Georgia sales tax number or authorization;
j. Georgia state business license number, if required;
3. The temporary business license application shall be signed under oath
by the applicant.
4. This section shall become effective only upon the signing of a
Declaration of Local Emergency and the signing of a declaration
stating that it is in effect.
Registration of Building and Repair Services:
1. In accordance with O.C.G.A. § 38-3-56, before building, constructing,
repairing, renovating or making improvements to any real property,
including dwellings, homes, buildings, structures or fixtures within
the city limits designated in a Declaration of Local Emergency, any
person, firm, partnership, corporation or other entity must register
with the planning and zoning departmet and secure a building permit
that is posted at the work site. Each day any such entity does business
within the city limits without complying with this ordinance
constitutes a separate offense.
2. The cost of registration fees in a Declaration of Local Emergency is
fixed at $ per annum. Registration is nontransferable. The cost
of the emergency building permit shall be equal to the cost for a
building permit under existing regulations. The permit shall only be
authorized for repairs.
3. Before repairing any structure within an area within the city limits
designated in a Declaration of Local Emergency, a building permit
must be obtained and posted at the work site. The cost of the
emergency building permit shall be equal to the cost for a building
permit under current regulations. The permit shall only be authorized
for repairs. Applicants shall provide the following information when
applying for a temporary building permit:
a. Name of applicant;
b. Permanent address and phone number of applicant;
c. Local address and telephone number of applicant.
d. Applicant's social security number or federal employer
identification number;
e. If applicant is a corporation, the state and date of
incorporation;
f. Tag registration information for each vehicle to be used in the
business;
g. List of cities and/or counties where the applicant has
conducted business within the past 12 months;
h. Georgia sales tax number or authorization;
i. Georgia business license number, if required;
j. Copy of license from the secretary of state, if required.
4. Effective Date:
This section shall become effective only upon a Declaration of Local
Emergency stating this section is in effect. Unless otherwise specified
in the Declaration of Local Emergency or otherwise extended by the
city council, the provisions of this code section shall remain in effect
during the Declaration of Local Emergency and for a subsequent
recovery period of three months.
Section 1 Closed or Restricted Areas and Curfews During Emergency:
1. To preserve, protect or sustain the life, health, welfare or safety of
persons, or their property, within a designated area under a
Declaration of Local Emergency, it shall be unlawful for any person to
travel, loiter, wander or stroll in or upon the public streets, highways,
roads, lanes, parks or other public grounds, public places, public
buildings, places of amusement, eating places, vacant lots or any other
place during a declared emergency between hours specified by the
mayor until the curfew is lifted.
2. To promote order, protect lives, minimize the potential for looting and
other crimes, and facilitate recovery operations during an emergency,
the mayor shall have discretion to impose reentry restrictions on
certain areas. The mayor shall exercise such discretion in accordance
with the City Emergency Operations Plan, which shall be followed
during emergencies.
3. The provisions of this section shall not apply to persons acting in the
following capacities:
a. Authorized and essential law enforcement personnel;
b. Authorized and essential health care providers;
c. Authorized and essential personnel of the city;
d. Authorized national guard or federal military personnel;
e. Authorized and essential firefighters;
f. Authorized and essential emergency response personnel;
g. Authorized and essential personnel or volunteers working
with or through the county emergency management agency
(CEMA);
h. Authorized and essential utility repair crews;
i. Citizens seeking to restore order to their homes or businesses
while on their own property or place of business;
j. Other authorized and essential persons as designated on a list
compiled by EMA, the city manager, and/or chief of police.
4. Enforceability: This section shall be enforced by officers of the law
enforcement personnel approved to provide aid and assistance during
the emergency. Nothing contained in this section shall prohibit a law
enforcement officer from bringing other charges under state law.
5. Effective Date:
This section shall become effective only upon the signing of a
Declaration of Local Emergency, stating this section is in effect.
Section 2 Enforcement and Remedies
1. Law Enforcement:
a. The Tybee Island Police Department, and the officers of any
other law enforcement agency authorized by the Tybee Island
Police Chief and approved by the mayor to provide aid and
assistance shall be authorized to enforce the orders, rules and
regulations contained in this chapter and/or implemented by
the mayor or local governing authority during an emergency.
b. Nothing in this section shall prohibit a law enforcement officer
from bringing additional charges under state law.
2. Penalties:
Failure to comply with any of the requirements or provisions of the
regulations contained in this chapter, or with any code section, order,
rule or regulation made effective by the mayor or local governing
authority upon or after the declaration of an emergency shall
constitute a violation of the provisions of this chapter. Any person
who violates any provision in this chapter shall, upon conviction
thereof, be guilty of a misdemeanor punishable by a fine not
exceeding $1,000.00, imprisonment for a term not exceeding 60 days,
or both such fine and imprisonment, for each violation. Each person
assisting in the commission of a violation shall be guilty of separate
offenses. Each day during which a violation or failure to comply
continues shall constitute a separate violation.
3. Injunctive Relief:
In accordance with O.C.G.A. § 38-3-5, in addition to the remedies
prescribed in this section, the mayor is authorized to obtain an
injunction to restrain violation of laws, code sections, orders, rules
and regulations which are contained in the Georgia Emergency
Management Act and/or this code, and/or which are implemented by
the local governing authority during a declared emergency.
4. Liberality of Construction:
This ordinance shall be liberally construed in favor of the governing
body of Tybee Island and deemed neither to limit nor repeal any other
powers granted under state statutes.
Section 3. Regulations Continued in Effect:
All ordinances, resolutions, motions and orders pertaining to civil defense,
emergency management and disaster relief, which are not in conflict with
this article, are continued in full force and effect. Such ordinances, etc., are on
file in the office of the Tybee Island City Clerk.
Mayor, Tybee Island, Georgia
BE IT FURTHER ORDAINED that this ordinance shall become effective upon its approval
So ordained this day of .
Tybee Island City Council, Georgia
Attest:
City Clerk
DECLARATION OF LOCAL EMERGENCY
STATE OF GEORGIA
City of Tybee Island
WHEREAS, Tybee Island, Georgia has experienced an event of critical significance as a
result of[description of event] on [date]; and
WHEREAS, in the judgment of the Mayor of Tybee Island, with advice from the Chatham
Emergency Management Agency, there exist emergency circumstances located within the
Tybee Island city limits requiring extraordinary and immediate corrective actions for the
protection of the health, safety and welfare of the citizens of Tybee Island, including
individuals with household pets and service animals; and
WHEREAS, to prevent or minimize injury to people and damage to property resulting from
this event.
NOW, THEREFORE, pursuant to the authority vested in me by local and state law;
IT IS HEREBY DECLARED that a local state of emergency exists and shall continue until the
conditions requiring this declaration are abated.
THEREFORE, IT IS ORDERED:
1. That the Tybee Island City Council activate the Emergency Operations Plan;
2. That the following sections of the Tybee Island Disaster Recovery Ordinance
be implemented: [If deemed appropriate, choose from the following:
Overcharging Prohibited; Zoning Regulations Suspended; Emergency
Business License; Emergency Building Permit; Closed or Restricted Areas
and Curfew during Emergency; Liberality of Construction, Enforcement and
Penalty for Violation;
3. That the following measures also be implemented: [Select items or such
other measures as may be appropriate.]
ENTERED at [time] on [date].
[Signed],
Mayor,
City of Tybee Island