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HomeMy Public PortalAbout2009-05ORDINANCE NO. 04-2009 AN ORDINANCE TO AMEND THE CODE OF ORDINANCES SECTION 3 -100 OF THE LAND DEVELOPMENT CODE DEALING WITH BEACH DUNE OR VEGETATION DISTURBANCE 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 it police, zoning, and home rule powers, and NOW, THEREFORE, be it ordained by the Mayor and Council for the City of Tybee Island duly assembled in open session that Code of Ordinances for the City of Tybee Island be amended and is hereby amended so that Section 3 -100 shall hereinafter read as follows: Sec. 3 -100. Beach, dunes, or vegetation disturbance. It shall be unlawful for any person in any manner to damage, destroy, remove or alter in any way the beach, dunes or vegetation thereon in an area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. §12 -5 -230, et seq.) without first having obtained the proper federal, state, and local permits. Within any area within the jurisdiction of the Department of Natural Resources under the Shore Protection Act (O.C.G.A. §12 -5 -230, et seq.), there shall be a ten (10) foot setback measured from the landward toe of the landward -most dune as delineated by the Georgia Department of Natural Resources. This Ordinance shall become effective on 23rd day of April 2009. ADOPTED THIS 23 DAY OF APRIL. 2009. YOR ATTEST: JVI,1 k_re& CLERK OF COUNCIL FIRST READING: 4/09/09 SECOND READING: 4/23/09 ENACTED: 4/23/09 G:/EMH/TYBEE /ORDINANCES /2009/04 -2009 Shore Protection Act Amendment 04.23.09vw 0