HomeMy Public PortalAbout130_010_58-2014 Sec 18 disaster mgt 11.07.14 ORDINANCE NO. 58-2014
AN ORDINANCE TO AMEND THE CODE OF ORDINANCES
PERTAINING TO SECTION 18, EMERGENCY MANAGEMENT
AND EMERGENCY SERVICES,
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, 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; and
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
the Chatham County, the 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); and
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.
NOW, THEREFORE, it is hereby ordained by the governing authority of the City of
Tybee Island that the current Section 18, Emergency management and emergency services, shall
be repealed in its entirety, renamed and replaced as follows.
SECTION 1
Section 18, Disaster recovery, will hereafter read as follows:
Section 18. Disaster recovery.
Section 18.01. 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:
(a) Tybee Island Emergency Operations Plan means the officially adopted, and
Georgia Emergency Management Agency approved, emergency operations plan for Tybee
Island, Georgia.
(b) Declaration of Local Emergency means the condition declared by the
mayor 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.
(c) Disaster means any happening that causes great harm or damage.
(d) 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.
(e) 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.
(f) Emergency Management means the preparation for, and the carrying out
of, all emergency and disaster functions, as more fully defined by this ordinance.
(g) 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.
(h) 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 state,
substantially affecting the health, safety, or welfare of the citizens of this city.
(i) 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.
(j) 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.
(k) 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.
(1) 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.
(m) 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.
(n) 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.
Section 18.02. 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.
Section 18.03. The Emergency Operations Plan.
(a) The city 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 city 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 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 city council by resolution and may be changed
and updated periodically by resolution.
Section 18.04.Activation of the EOP. The EOP shall become operative as follows:
(a) 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
(b) Automatically by the Declaration of Local Emergency by the mayor.
(c) On order of the mayor, 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.
(1) 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 EOP.
(2) The Tybee Island Emergency Management Director is authorized
to order the activation of the full 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 the city.
Section 18.05. Role of Chatham County and Municipal Governments During Non-
Emergency Periods.
(a) General Powers and Duties of Local Governments.
(1) 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.
(2) 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 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.
(3) 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.
Sec. 18.06. Emergency Management and Response Powers.
(a) Declaration of Local Emergency.
(1) 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 may declare a local
emergency for the city. The form of the declaration shall be similar to that provided by this code
section.
(2) 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.
(A) 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 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 city council may, by resolution, end a Declaration of Local
Emergency at any time.
(3) Effect of Declaration of Local Emergency.
(A) 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.
(B) The mayor 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.
(C) 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.
(D) 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.
(4) 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.
(5) Authority to Waive Procedures and Fees. Pursuant to a
Declaration of Local Emergency, the 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.
(6) 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.
(L) 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.
(0) To coordinate the exercise of the above emergency powers
within the City of Tybee Island.
(7) Formal of Declaration of Local Emergency. Upon the
Declaration of Local Emergency, an official "Declaration of Local Emergency" 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 0.C.G.A. §38-3-27 et seq., and as set forth in section 4-310(d) of the city's
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.
(8) Overcharging Prohibited. In order to preserve, protect or sustain
the life, health or safety of persons, or their property, within the city limits 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.
(A) Definitions:
(i) 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.
(ii) 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.
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.
(9) Zoning Regulations Suspended.
(A) In order to preserve, protect or sustain the life, health,
welfare or safety of persons, or their property, within the 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 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 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.
(B) 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.
(10) Emergency Business License.
(A) Before conducting any business within an area within the
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.
(B) Applicants shall provide the following information when
applying for a temporary business license:
(i) Name of applicant;
(ii) Permanent address and telephone number of applicant;
(iii) Local address and telephone number of applicant;
(iv) Applicant's date of birth and age, if an individual;
(v) Applicant's social security number or federal employer
identification number;
(vi) If applicant is a corporation, the state and date of
incorporation;
(vii) Tag registration for each vehicle to be used in the
business;
(viii) List of cities where business has been conducted by
the applicant within the past 12 months;
(ix) Georgia sales tax number or authorization;
(x) Georgia state business license number, if required;
(C) The temporary business license application shall be signed
under oath by the applicant.
(D) 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.
(11) Registration of Building and Repair Services.
(A) 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 department 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.
(B) 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.
(C) 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:
(i) Name of applicant;
(ii) Permanent address and phone number of applicant;
(iii) Local address and telephone number of applicant.
(iv) Applicant's social security number or federal
employer identification number;
(v) If applicant is a corporation, the state and date of
incorporation;
(vi) Tag registration information for each vehicle to be
used in the business;
(vii) List of cities and/or counties where the applicant
has conducted business within the past 12 months;
(viii) Georgia sales tax number or authorization;
(ix) Georgia business license number, if required;
(x) Copy of license from the secretary of state, if
required.
(12) 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.
Sec. 18-7. Closed or Restricted Areas and Curfews During Emergency. 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.
(a) 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.
(b) The provisions of this section shall not apply to persons acting in the
following capacities:
(1) Authorized and essential law enforcement personnel;
(2) Authorized and essential health care providers;
(3) Authorized and essential personnel of the city;
(4) Authorized national guard or federal military personnel;
(5) Authorized and essential firefighters;
(6) Authorized and essential emergency response personnel;
(7) Authorized and essential personnel or volunteers working with or
through the county emergency management agency(CEMA);
(8) Authorized and essential utility repair crews;
(9) Citizens seeking to restore order to their homes or businesses while
on their own property or place of business;
(10) Other authorized and essential persons as designated on a list
compiled by EMA, the city manager, and/or chief of police.
(c) 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.
(1) Effective Date. This section shall become effective only upon the
signing of a Declaration of Local Emergency, stating this section is in effect.
Sec. 18-8. Enforcement and Remedies.
(a) Law Enforcement. The Tybee Island Police Department, and the officers
of any other law enforcement agency authorized by the 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.
(1) Nothing in this section shall prohibit a law enforcement officer
from bringing additional charges under state law.
(b) 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.
(c) 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.
(d) Liberality of Construction. This ordinance shall be liberally
construed in favor of the governing body of the city and deemed neither to limit nor repeal any
other powers granted under state statutes.
Sec. 18-9. 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 city clerk.
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
ATTEST:
CLERK OF COUNCIL
FIRST READING:
SECOND READING:
ENACTED:
EMH/Tybee/Ordinances/58-2014 Sec 18 disaster mgt 11.07.14